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Acts and resolutions of the General Assembly of the State of Georgia 2001, volume 1

Metadata
Text

Collection:: Georgia Government Publications
Title:: Acts and resolutions of the General Assembly of the State of Georgia 2001, volume 1
Creator:: Georgia. General Assembly
Contributor to Resource:: Georgia. General Assembly
Publisher:: Atlanta, Ga. : Georgia. General Assembly
Date of Original:: 2001
Subject:: Georgia
Location:: United States, Georgia, 32.75042, -83.50018
Medium:: publications (documents)
Type:: Text
Format:: application/pdf
External Identifiers:: Call Number GA L407 2001 v.1
Metadata URL:: https://dlg.galileo.usg.edu/id:dlg_ggpd_y-ga-bl407-b2001-bv-p1
Digital Object URL:: https://dlg.galileo.usg.edu/do:dlg_ggpd_y-ga-bl407-b2001-bv-p1
Language:: eng
Holding Institution:: University of Georgia. Map and Government Information Library
Rights:

ACTS AND RESOLUTIONS OF THE
GENERAL ASSEMBLY
OF THE
STATE OF GEORGIA
2001
COMPILED AND PUBLISHED BY AUTHORITY OF THE STATE
Volume One

COMPILER'S NOTE
General Acts and Resolutions of the 2001 session of the General Assembly of Georgia will be found in Volume I beginning at page 1. No amendments to the Constitution of the State of Georgia were proposed in the 2001 session. Local and Special Acts and Resolutions will be found in Volume II beginning at page 3501. Home rule actions by counties and consolidated governments and by municipalities filed in the Office of the Secretary of State between April 15, 2000, and April 15, 2001, are printed in Volume II beginning at pages 4597 and 4611, respectively.
There are no numbered pages between page 1262, the last page of Volume I, and page 3501, the first page of Volume II. This allows both volumes to be printed simultaneously. Volumes I or II, or both, may be divided into two or more books, depending on the total number of pages in each volume. Page numbers will run consecutively between books in the same volume.
Indexes; lists of Acts, Bills, and Resolutions and their Georgia Laws page numbers; material related to courts; population charts; lists of members of the General Assembly; referendum results; the Governor's proclamation and results of voting on proposed Constitutional amendments at the 2000 general election; and the Governor's veto message are printed in Volume III. Indexes cover material in both Volumes I and II. The tabular indexes list matter by broad categories. The general index is a detailed alphabetical index by subject matter. When possible, general Acts have been indexed by reference to the titles of the Official Code of Georgia Annotated which they amend and the tabular index contains a list of Code sections which have been amended, enacted, or repealed.
Each Act and Resolution is preceded by a caption written by the compilers of the Georgia Laws solely to assist the reader in quickly determining the subject matter of the Act or Resolution. This caption includes the Act number assigned by the Governor and the House Bill or Senate Bill number which it was given when it was introduced in the General Assembly. The caption for each Resolution contains the Resolution Act number assigned by the Governor and the House Resolution or Senate Resolution number. These captions are not part of the Act or Resolution when they are enacted or adopted by the General Assembly. Each Act or Resolution which was signed by the Governor is followed by the approval date on which it was signed by the Governor.

GEORGIA LAWS 2001
TABLE OF CONTENTS
VOLUME ONE
Acts and Resolutions of General Application ............................ 1
VOLUME TWO
Acts and Resolutions of Local Application ........................... 3501 County and Consolidated Government Home Rule Actions .............. 4597 Municipal Home Rule Actions .................................... 4611 Town of Bibb City; court order and resolutions concerning dissolution .... 4728
VOLUME THREE
Acts by Numbers-Page References ..................................... I Bills and Resolutions-Act Number References .......................... VI Appellate Courts-Personnel........................................ XII Superior Courts-Personnel and Calendars ............................ XIII Index-Tabular ................................................. XXX Index-General ................................................ LXVII Population of Georgia Counties-Alphabetically ....... .............. CXXI Population of Georgia Counties-Numerically ..................... CXXVIII Population of Municipalities-Alphabetically ........................ CXXXI Population of Municipalities-Numerically ...................... CXXXVIII Population of Judicial Circuits .................................... CXLV Georgia Senate Districts, Alphabetically by County .................. CXLIX Georgia Senators, Alphabetically by Name .......................... CLII Georgia Senators, Numerically by District ........................... CLV Georgia House Districts, Alphabetically by County .................... CLIX Georgia Representatives, Alphabetically by Name .................... CLXII Georgia Representatives, Numerically by District .................. CLXXII Status of Referendum Elections ................................. CLXXXI Governor's Proclamation on Ratification or Rejection of
Constitutional Amendments at the 2000 General Election ........... CCCLI Vetoes by the Governor ....................................... CCCLVI

GEORGIA LAWS 2001 SESSION
STATE GOVERNMENT- STATE FLAG; PRESERVATION OF MONUMENTS AND MEMORIALS; REQUIRED DISPLAY OF
FLAG; STATE SEAL; APPROPRIATIONS.
Code Section 45-12-83.1 Enacted. Code Sections 50-3-1 and 50-3-30 Amended.
No. 1 (House Bill No. 16).
AN ACT
To amend Article 1 of Chapter 3 of Title 50 of the Official Code of Georgia Annotated, relating to the state flag and other flags, so as to change the design and description of the state flag; to provide for the preservation and protection of certain public monuments and memorials; to provide forjudicial procedures; to provide for related matters; to amend Part 1 of Article 4 of Chapter 12 of Title 45 of the Official Code of Georgia Annotated, known as the "Budget Act," so as to provide that any agency which is eligible to receive appropriated state funds shall be required to display the Georgia state flag; to define a certain term; to provide that no funds may be made available for expenditure by any agency which is not in compliance with the provisions of this Act; to provide for enforcement; 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 3 of Title 50 of the Official Code of Georgia Annotated, relating to the state flag and other flags, is amended by striking Code Section 50-3-1, relating to the description of the state flag, and inserting in lieu thereof a new Code Section 50-3-1 to read as follows:
"50-3-1. (a) The flag of the State of Georgia shall be a blue field, centered upon which shall be placed a representation of that side of the great seal of the state described at subsection (c) of Code Section 50-3-30, centered in a circle of 13 equally spaced white mullets or five-pointed stars, and beneath the same shall be an escroll or ribbon, gold, two-thirds the length of the field, bearing the words 'Georgia's History' and charged below said words with a representation of five flags horizontally presented as follows: the first, to the left, being that version of the flag of the United States of America consisting of a field of 13 red and white stripes and, centered in a canton of blue, a circle of 13 equally spaced white mullets or five-pointed stars, as adopted by the Continental Congress in 1777 and commonly known as the 'Stars and Stripes' or the' 1777 Flag'; to the right thereof a flag consisting of a field of blue, centered upon which shall be placed a representation of the coat of arms of the state as the same appeared on the great seal of the state adopted in 1799, and which flag is commonly known as the

GENERAL ACTS AND RESOLUTIONS
'Pre-1879 Georgia State Flag'; to the right thereof a flag consisting of a vertical band of blue occupying the leftmost one-third of the entire flag, on which shall be placed a representation of that side of the great seal of the state approved in 1914 which contained the coat of arms of the state, and the remainder of which flag shall consist of a scarlet field horizontally bisected by a white band such that said band shall be equal in width to the remainder of the scarlet field both above and below, which flag is commonly known as the 'Pre-1956 Georgia State Flag'; to the right thereof the flag of the State of Georgia as approved at Ga. L. 1956. p. 38, Section 1; and to the right thereof that version of the flag of the United States of America consisting of a field of 13 red and white stripes and a canton of blue bearing 50 white mullets or five-pointed stars, such that such flag shall represent the flag of the United States of America as the same appeared on July 4, 1960. And under the horizontal representation of the five flags, the phrase 'In God We Trust' shall be written in the blue section and in the same gold color as the State Seal. Every force of the organized militia shall carry this flag when on parade or review.
(b)(l) It shall be unlawful for any person, firm, corporation, or other entity to mutilate, deface, defile, or abuse contemptuously any publicly owned monument, plaque, marker, or memorial which is dedicated to, honors, or recounts the military service of any past or present military personnel of this state, the United States of America or the several states thereof, or the Confederate States of America or the several states thereof, and no officer, body, or representative of state or local government or any department, agency, authority, or instrumentality thereof shall remove or conceal from display any such monument, plaque, marker, or memorial for the purpose of preventing the visible display of the same. A violation of this paragraph shall constitute a misdemeanor. (2) No publicly owned monument or memorial erected, constructed, created, or maintained on the public property of this state or its agencies, departments, authorities, or instrumentalities in honor of the military service of any past or present military personnel of this state, the United States of America or the several states thereof, or the Confederate States of America or the se veralstates thereof shall be relocated, removed, concealed, obscured or altered in any fashion; provided, however, that appropriate measures for the preservation, protection, and interpretation of such monuments or memorials shall not be prohibited. (3) Conduct prohibited by this subsection shall be enjoined by the appropriate superior court upon proper application therefor. (c) Any other provision of law notwithstanding, the memorial to the heroes of the Confederate States of America graven upon the face of Stone Mountain shall never be altered, removed, concealed, or obscured in any fashion and shall be preserved and protected for all time as a tribute to the bravery and heroism of the citizens of this state who suffered and died in their cause."

GEORGIA LAWS 2001 SESSION
SECTION 2. Part 1 of Article 4 of Chapter 12 of Title 45 of the Official Code of Georgia Annotated, known as the "Budget Act," is amended by adding between Code Sections 45-12-83 and 45-12-84 a new Code Section 45-12-83.1 to read as follows:
'45-12-83.1. (a) As used in this Code section, the term 'agency' means:
(1) Every state department, agency, board, bureau, commission, public corporation, and authority; (2) Every county, municipal corporation, school district, or other political subdivision of this state; (3) Every department, agency, board, bureau, commission, authority, or similar body of each such county, municipal corporation, or other political subdivision of the state; and (4) Every city, county, regional, or other authority established pursuant to the laws of this state. (b) Notwithstanding the provisions of Code Section 50-3-4.1, any agency which is eligible to receive appropriated state funds shall be required to display the Georgia state flag provided for in Code Section 50-3-1. No funds may be made available for expenditure by any agency which is not in compliance with the provisions ofthis subsection. The Office of Planning and Budget shall investigate any allegations of noncompliance with the provisions of this Code section. The Office of Planning and Budget and the Office of Treasury and Fiscal Services shall enforce the provisions of this Code section."
SECTION 3. Said chapter is further amended by striking subsection (c) ofCode Section 50-3-30, relating to the description of the great seal of the state, in its entirety and inserting in lieu thereof a new subsection (c) to read as follows:
'(c) The device on the other side is three pillars supporting an arch, with the word 'Constitution' engraved within the same, emblematic of the Constitution, supported by the three departments of government, namely the legislative, judicial, and executive. The first pillar has engraved upon a scroll 'Wisdom,' the second, 'Justice,' the third, 'Moderation'; between the second and third pillars a man stands with a drawn sword, representing the aid of the military in the defense of the Constitution, and the motto is 'State of Georgia, 1776."
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 January 31, 2001.

GENERAL ACTS AND RESOLUTIONS

OFFICIAL CODE OF GEORGIA ANNOTATED - CODE REVISION; REENACTMENT; CORRECTIONS.

Official Code of Georgia Amended.

No. 2 (House Bill No. 107).

AN ACT

To amend the Official Code of Georgia Annotated, so as to correct typographical, stylistic, capitalization, punctuation, and other errors and omissions in the Official Code of Georgia Annotated and in Acts of the General Assembly amending the Official Code of Georgia Annotated; to reenact the statutory portion of the Official Code of Georgia Annotated, as amended; to provide for necessary or appropriate revisions and modernizations of matters contained in the Official Code of Georgia Annotated; to repeal portions of the Code which have become obsolete; to delete portions of the Code which have been superseded by subsequent state laws; to provide for and to correct citations in the Official Code of Georgia Annotated and other codes and laws of the state; to rearrange, renumber, and redesignate provisions of the Official Code of Georgia Annotated; to provide for other matters relating to the Official Code of Georgia Annotated; to provide an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

Reserved.

SECTION 1.

SECTION 2. Title 2 of the Official Code of Georgia Annotated, relating to agriculture, is amended as follows: (1) By striking "Upon July 1, 2000," and inserting in its place "On or after July I, 2000," in subsection (c) of Code Section 2-21-3, relating to certification requirements for organic certification and labeling.

Reserved. Reserved.

SECTION 3. SECTION 4.

SECTION 5. Title 5 of the Official Code of Georgia Annotated, relating to appeal and error, is amended as follows: (1) By striking "25,000,000.00" and inserting in its place "$25 million" in subsection (e) of Code Section 5-6-46, relating to the operation of notice of appeal

GEORGIA LAWS 2001 SESSION

as supersedeas in civil cases, requirement of supersedeas bond, fixing of amount, procedure upon no or insufficient filing, effect of bond as to liability of surety, and punitive damages.

Reserved.

SECTION 6.

SECTION 7. Title 7 of the Official Code of Georgia Annotated, relating to banking and finance, is amended as follows: (1) By striking the period and inserting in its place "; and" at the end of paragraph (1) of Code Section 7-1 -282, relating to the direct leasing of personal and real property by banks. (2) By striking "corporation" and inserting in its place "company" in subsection (i) of Code Section 7-1-1004, relating to the investigation of an applicant for a license as a mortgage lender or mortgage broker and its officers, audits, and education, experience, and other requirements relative to licensees and registrants. (3) By striking "licensed, registered," and inserting in its place "licensed or registered" in subsection (a) of Code Section 7-1-1018, relating to cease and desist orders, enforcement procedure, civil penalty, and fines. (4) By striking" 12 U.S.C." and inserting in its place "15 U.S.C." in subsection (c) of Code Section 7-5-4, relating to credit card charges and fees.

SECTION 8. Title 8 of the Official Code of Georgia Annotated, relating to buildings and housing, is amended as follows: (1) By striking "A90.1a-1976" and inserting in its place "A90.1-1976" in subsection (b) of Code Section 8-2-102, relating to inspections of manlifts. (2) By striking "as long as" and inserting in its place "so long as" in subsection (c) of Code Section 8-3-30, relating to general powers of housing authorities and applicability of laws as to acquisition, operation, or disposition of property by other public bodies.

SECTION 9. Title 9 of the Official Code of Georgia Annotated, relating to civil practice, is amended as follows: (1) By striking "obligors" and inserting in its place "obligors," and by striking "contractors," and inserting in its place "contractors" in the introductory language and by striking "party;" and inserting in its place "party," in paragraph (2) of subsection (a) of Code Section 9-10-31, relating to the actions against certain codefendants residing in different counties, pleading requirements, and application. (2) By striking "Superior" and inserting in its place "superior" and by striking "State" and inserting in its place "state" in subsection (b) of Code Section 9-11-3, relating to the commencement of a civil action and the filing of a civil case filing form.

GENERAL ACTS AND RESOLUTIONS

SECTION 10. Title 10 of the Official Code of Georgia Annotated, relating to commerce and trade, is amended as follows: (1) By striking "subparagaraph" and inserting in its place "subparagraph" in subparagraph (b)(16)(G)of Code Section 10-1-393. relating to unlawful, unfair, or deceptive practices in consumer transactions. (2) By striking "advisor" and inserting in its place "adviser" in paragraph (1) and by striking the period and inserting in its place "; and" at the end of paragraph (2) of subsection (b) of Code Section 10-4-107.1, relating to tobacco contracts.

Reserved.

SECTION 11.

SECTION 12. Title 12 of the Official Code of Georgia Annotated, relating to conservation and natural resources, is amended as follows: (1) By striking "an historical" and inserting in its place "a historical" in subsection (c) of Code Section 12-3-57, relating to the historical and cultural museum assistance program of the Division of Historic Preservation. (2) By striking "an historic" and inserting in its place "a historic" in subsection (b) of Code Section 12-3-130, relating to the legislative purpose of the Franklin D. Roosevelt Warm Springs Pools and Springs Site Commission. (3) By inserting a comma after "news release" in the first sentence of paragraph (2) of subsection (d) of Code Section 12-3-243.1, relating to a master plan for the management, preservation, protection, and development of Jekyll Island. (4) By striking "enjoyed," and inserting in its place "enjoyed" in paragraph (10) and by striking "authority," and inserting in its place "authority" in paragraph (14) of Code Section 12-3-474, relating to powers of the Georgia Agricultural Exposition Authority generally. (5) By striking "without" and inserting in its place "outside" in subsection (b) of Code Section 12-3-573, relating to revenue bonds of the Georgia Sports Hall of Fame Authority. (6) By striking "hereto" and inserting in its place "to this part" in subsections (a) and (c), by striking "director," and inserting in its place "director" in subsection (b), and by striking "hereunder" and inserting in its place "under this part" both times it appears and by striking "herein" in subsection (d) of Code Section 12-4-48, relating to actions by the director of the Environmental Protection Division of the Department of Natural Resources to enforce the Oil and Gas and Deep Drilling Act of 1975, civil penalties, and the effect of the Code section on a cause of action by royalty owners, lienholders, or other claimants. (7) By striking "hereunder" and inserting in its place "under this part" in paragraph (6) of Code Section 12-4-53, relating to prohibited acts underthe Oil and Gas and Deep Drilling Act of 1975.

GEORGIA LAWS 2001 SESSION
(8) By inserting a comma after " 1996" in paragraph (3) of subsection (c) of Code Section 12-5-23.2, relating to waste-water discharge limitations, schedule of construction milestones, and penalties. (9) By striking "hereunder" and inserting in its place "under this Code section" in paragraph (1) of subsection (k) of Code Section 12-5-31, relating to permits for withdrawal, diversion, or impoundment of surface waters, and monitoring, recording, and reporting water withdrawn by certain irrigation systems. (10) By striking "proceedings" and inserting in its place "proceeds" in the introductory language of subsection (b) of Code Section 12-5-137, relating to the procedure for confiscation and sale of contraband equipment and defenses. (11) By striking "not withstanding" and inserting in its place "notwithstanding" in subsection (a) of Code Section 12-5-180.1, relating to allocating water and waste-water usage among tenants and charging tenants for usage. (12) By inserting a hyphen between "federal" and "aid" in Code Section 12-6-8, relating to federal financial aid and expenditure of funds for forest farming and marketing of forest products. (13) By striking "Title 43" and inserting in its place "Title 43," in Code Section 12-6-46, relating to meetings and officers of the State Board of Registration for Foresters. (14) By striking "Title 43 shall" and inserting in its place "Title 43, shall" in the first sentence of Code Section 12-6-51, relating to examinations with regard to the practice of professional forestry. (15) By striking "provided further that the forgoing" and inserting in its place "provided, further, that the foregoing" in subsection (d) of Code Section 12-6-90, relating to the permit required for burning woods, lands, marshes, or other flammable vegetation. (16) By striking "procedure" and inserting in its place "procedures" in subsection (c) of Code Section 12-8-2, relating to dumping sanitary sewer, kitchen, or toilet wastes in storm or sanitary sewers and forfeiture of involved vehicles. (17) By striking "subsections (a) and (b) of in paragraph (3) of subsection (b) of Code Section 12-8-34, relating to labeling rigid plastic containers or bottles. (18) By striking "constructed; provided" and inserting in its place "constructed, provided" in paragraph (5) of Code Section 12-8-56, relating to powers of regional solid waste management authorities. (19) By striking "fossil-fuel-fired" and inserting in its place "fossil fuel fired" in paragraph (28) of subsection (a) of Code Section 12-9-3, relating to definitions relating to air quality. (20) By striking" 10" and inserting in its place "ten" and by inserting a comma after "testing" in subsection (h) of Code Section 12-9-45, relating to certificate of emission inspection.
SECTION 13. Title 13 of the Official Code of Georgia Annotated, relating to contracts, is amended as follows:

8__________GENERAL ACTS AND RESOLUTIONS

______

(1) By striking "thereof," and inserting in its place "thereof in the introductory language in subsection (b) of Code Section 13-10-1, relating to bid bonds or other securities, bonds or other security required on contracts for public works, bids by affiliated corporations, and approval of bonds as to form and solvency.

SECTION 14. Title 14 of the Official Code of Georgia Annotated, relating to corporations, partnerships, and associations, is amended as follows: (1) By striking "described," and inserting in its place "described" in subsection (b) of Code Section 14-2-601, relating to authorized shares of business corporations. (2) By striking "director; provided that," and inserting in its place "director, provided that" in paragraph (2) of subsection (d), by striking "Code section 14-2-1110" and inserting in its place "Code Section 14-2-1110" in paragraph (2) of subsection (e), and by striking "does not purport" and inserting in its place "do not purport" in paragraph (3) of subsection (e) of Code Section 14-2-624, relating to share options. (3) By striking "shareholders" and inserting in its place "shareholder" in subsection (d) of Code Section 14-2-732, relating to shareholder agreements. (4) By striking "Code Section 14-2-732" and inserting in its place "Code Section 14-2-732," in subsection (c) of Code Section 14-2-801, relating to the requirement for and duties of the board of directors.

SECTION 15. Title 15 of the Official Code of Georgia Annotated, relating to courts, is amended as follows: (1) By striking "regards" and inserting in its place "regard" in paragraph (2) of subsection (a) of Code Section 15-5-82, relating to the authority of the Georgia Courts Automation Commission, appointment of committees, annual report, providing courts access to data bases, and court workload not to be increased by use of electronically transferred information. (2) By striking "subsection (b)" and inserting in its place "subsection (e)" iathe introductory language of subsection (b) and by striking "subsections (e) and (f)" and inserting in its place "subsections (g) and (h)" in the introductory language of subsection (c) of Code Section 15-6-77.1, relating to additional fees of clerks of superior courts in counties with populations of 550,000 or more and disposition of such fees. (3) By striking "probate court" and inserting in its place "probate court," the first time it appears in paragraph (2) ofsubsection (a) ofCode Section 15-9-141, relating to retired judges of the probate courts, petitioning Governor for senior judge appointment, written requests for assistance, and compensation. (4) By striking "Code section" and inserting in its place "Code section," in paragraph (3) of subsection (d) of Code Section 15-11-18, relating to creation of juvenile courts, terms and compensation ofjudges, state grants forjudicial salaries, qualifications, presiding judge, practice of law, actions by judges, administration, and expenditures.

GEORGIA LAWS 2001 SESSION

(5) By striking "acts," and inserting in its place "acts" in Code Section 15-11-68, relating to counseling or counsel and advice for children and their parents or guardians. (6) By striking "15-11-15" and inserting in its place "15-11-29" in subsection (b) of Code Section 15-11-112, relating to notice of abortion on unemancipated minor and hearing. (7) By striking "15-11-24 through 15-11-26" and inserting in its place "15-11-38, 15-11-38.1, and 15-11-39" in Code Section 15-11-113, relating to the time and notice of a hearing. (8) By striking "herein fixed" and inserting in its place "fixed in this subsection" in subsection (a) of Code Section 15-12-61, relating to number of grand jurors, votes necessary for indictment or presentment, alternate grand jurors, and report on preceding grand jury by foreman or clerk. (9) By striking "subsection (b)" and inserting in its place "subsection (a)" in subsection (b) of Code Section 15-18-45, relating to authorization for the Prosecuting Attorneys' Council of the State of Georgia to conduct or approve training programs and credit and reimbursement for attending. (10) By striking "Association and" and inserting in its place "Association, and" in the undesignated paragraph in subsection (a) of Code Section 15-21-143, relating to the appointment of members and personnel of the Brain and Spinal Injury Trust Fund Authority and agencies.

SECTION 16. Title 16 of the Official Code of Georgia Annotated, relating to crimes and offenses, is amended as follows: (1) By striking "value," and inserting in its place "value" and by striking "year and not" and inserting in its place "nor" in paragraph (1) of subsection (a) and by striking "year and not" and inserting "nor" in subsection (b) of Code Section 16-8-17, relating to the intent to cheat or defraud a retailer. (2) By striking "imposed separate" and inserting in its place "imposed separately" in subsection (c) of Code Section 16-10-33, relating to removal or attempted removal of a weapon from a public official. (3) By striking the semicolon at the end of paragraph (3) and inserting a comma and by striking "in such event" in the undesignated text of paragraph (3) in subsection (a) of Code Section 16-11-64.3, relating to an emergency situation and application for an investigation warrant. (4) By striking "or noncontrolled" and inserting in its place "or any noncontrolled" in paragraph (4) of subsection (b) of Code Section 16-11-106, relating to possession of a firearm or knife during commission of or attempt to commit certain crimes. (5) By striking "30-4-1" and inserting in its place "30-4-2" in subparagraph (a)(6)(A) of Code Section 16-12-120, relating to certain acts in public transit buses, rapid rail cars, or stations.

Reserved.

SECTION 17.

K)___________GENERAL ACTS AND RESOLUTIONS___________

Reserved.

SECTION 18.

Reserved.

SECTION 19.

SECTION 20. Title 20 of the Official Code of Georgia Annotated, relating to education, is amended as follows: (1) By striking "schoolteachers" and inserting in its place "school teachers" in Code Section 20-1-1, relating to the acceptance and adoption of annuity contracts of teachers hired from other Georgia school systems. (2) By striking "20-2-282" and inserting in its place "20-2-200" in Code Section 20-2-108, relating to certification and classification of local school superintendents and compensation. (3) By striking "schoolteachers" and inserting in its place "school teachers" in paragraph (2) of subsection (d) of Code Section 20-2-142, relating to prescribed courses and development and dissemination of instructional materials on effect of alcohol. (4) By striking"; and" and inserting a period in its place at the end of subparagraph (b)( 1 )(A), by striking the period and inserting a semicolon in its place at the end of subparagraph (b)( 1 )(B) and paragraph (2) of subsection (b), and by striking the period and inserting in its place"; and" at the end of paragraph (3) of subsection (b) of Code Section 20-2-151, relating to general and career education programs, purpose, and authorized programs. (5) By striking "state-earned" and inserting in its place "state earned" both times it appears in paragraph (1) of subsection (a) of Code Section 20-2-167, relating to the funding for direct instructional, media center, and staff development costs, a computerized uniform budget and accounting system, and submission of local budgets to the state board. (6) By striking "equivalency" after "(GED)" in paragraphs (1) and (3) of subsection (a) of Code Section 20-2-204, relating to paraprofessionals and aides. (7) By striking "limited to," and inserting in its place "limited to" in subsection (c) of Code Section 20-2-231, relating to the Georgia Education Leadership Academy. (8) By striking "student record" and inserting in its place "student records" in the second sentence and by striking "education agency" and inserting in its place "educational agency" in subsection (c) of Code Section 20-2-320, relating to the Education Information Steering Committee and comprehensive educational information network. (9) By striking "equivalency" after "(GED)" in paragraph (3) of subsection (c) of Code Section 20-2-690, relating to educational entities and the requirements for private schools and home study programs. (10) By striking "Code Section 20-2-769" and inserting in its place "Code Section 20-2-154.1" in subsection (b) of Code Section 20-2-751.6, relating to the

_____________GEORGIA LAWS 2001 SESSION__________]_]_
suspension policy for students committing acts of physical violence resulting in injury to teachers. (11) By striking "telephone call or" and inserting in its place "telephone call and" in Code Section 20-2-766, relating to chronic disciplinary problem students returning from expulsion or suspension. (12) By striking "schoolteachers" and inserting in its place "school teachers" in Code Section 20-2-832, relating to the Governor's power to use allocated funds to pay teachers and borrowing to replace funds. (13) By striking "schoolteacher" and inserting in its place "school teacher" in paragraph (2) of subsection (a) of Code Section 20-2-833, relating to additional payments to supervisors of student teachers. (14) By striking "schoolteacher" and inserting in its place "school teacher" the five times it appears in paragraph (4) of Code Section 20-2-880, relating to definitions relating to health insurance plans for public school teachers. (15) By striking "schoolteachers" and inserting in its place "school teachers" in subsection (a) of Code Section 20-2-881, relating to the duties of the Board of Community Health to establish plans, rules and regulations, extent of coverage, and recommendations to General Assembly for schedule of maximum fees for hospitals and practitioners. (16) By striking "schoolteacher" and inserting in its place "school teacher" in subsection (a) and four times in subsection (c), by striking "schoolteachers" and inserting in its place "school teachers" in subsections (a) and (b), and by striking "schoolteachers'" and inserting in its place "school teachers'" in subsection (c) of Code Section 20-2-885, relating to coverage for retiring school teachers and their dependents. (17) By striking "schoolteacher" and inserting in its place "school teacher" the two times it appears in subsection (a) of Code Section 20-2-887, relating to coverage for dependents where both husband and wife are eligible to be insured. (18) By striking "schoolteacher" and inserting in its place "school teacher" in Code Section 20-2-1182, relating to persons other than students who insult or abuse school teachers in presence of pupils may be ordered to leave school premises. (19) By striking "House University System of Georgia Committee" and inserting in its place "House Higher Education Committee" in paragraph (7) of subsection (b) of Code Section 20-3-250.5, relating to administration, general powers, and duties of the Nonpublic Postsecondary Education Commission. (20) By striking "education development (GED) certificate" and inserting in its place "educational development (GED) diploma" in division (2)(C)(i) of Code Section 20-3-411, relating to definitions relating to tuition equalization grants at private colleges and universities. (21) By striking "his" and inserting in its place "his or her" in paragraphs (1), (2), (6), (7), and (8), by striking "chairman" and inserting in its place "chairperson" in paragraphs (1), (6), and (7), and by striking "House University System of Georgia Committee" and inserting in its place "House Higher Education Committee" in paragraph (6) of subsection (a) of Code Section 20-3-423, relating to the creation,

]2__________GENERAL ACTS AND RESOLUTIONS____________

composition, and duties of the selection committee for North Georgia College military scholarships. (22) By striking "equivalency" after "(GED)" in paragraphs (16), (21), and (22) of Code Section 20-3-519, relating to definitions relating to HOPE scholarships and grants. (23) By striking "equivalency" after "(GED)" in division (a)(2)(B)(i) of Code Section 20-3-519.2, relating to eligibility requirements for a HOPE scholarship at a public postsecondary institution. (24) By striking "equivalency" after "(GED)" in division (a)(2)(B)(i) of Code Section 20-3-519.3, relating to eligibility requirements fora HOPE scholarship at a private postsecondary institution. (25) By striking "equivalency" after "(GED)" in subsection (a) of Code Section 20-3-519.6, relating to HOPE GED vouchers. (26) By striking "equivalency diploma" and inserting in its place "(GED) diploma" in division (2)(B)(ii) of Code Section 20-4-11, relating to powers of the State Board of Technical and Adult Education. (27) By striking "division" and inserting in its place "office" in paragraph (2) of Code Section 20-5-45, relating to the directors of library systems and their duties and responsibilities. (28) By striking "division" and inserting in its place "office" in subsection (c) of Code Section 20-5-47, relating to written constitutions for library boards oftrustees. (29) By striking "the" before "technical" in subsection (a) of Code Section 20-14-3, relating to membership, officers, and meetings of the Education Coordinating Council. (30) By striking "Board of Regents, officials" and inserting in its place "board of regents and officials" in subsection (b) of Code Section 20-15-3, relating to establishment of the Georgia Medical Center Authority and appointment of members, terms of office, vacancies, removal from office, and compensation.

Reserved.

SECTION 21.

Reserved.

SECTION 22. ,

SECTION 23. Title 23 of the Official Code of Georgia Annotated, relating to equity, is amended as follows: (1) By striking "sales. Provided" and inserting in its place "sales; provided" and by striking "herein" and inserting in its place "in this Code section" in Code Section 23-3-44, relating to redemption and notice.

Reserved.

SECTION 24.

____________GEORGIA LAWS 2001 SESSION___________13

Reserved.

SECTION 25.

Reserved.

SECTION 26.

SECTION 27. Title 27 of the Official Code of Georgia Annotated, relating to game and fish, is amended as follows: (1) By striking "the Code" and inserting in its place "this Code" in subsection (c) of Code Section 27-2-31, relating to wildlife control permits. (2) By striking "commposite" and inserting in lieu thereof "composite" in paragraph (18) of subsection (b) of Code Section 27-4-130.1, relating to open seasons, creel and possession limits, and minimum size limits for certain finfish species.
SECTION 28. Reserved.

SECTION 29. Title 29 of the Official Code of Georgia Annotated, relating to guardian and ward, is amended as follows: (1) By striking "(=usname of ward)" and inserting in its place "(name of ward)" in subsection (d) of Code Section 29-6-11, relating to for what purposes expenditures from a ward's estate are authorized and court orders permitting other expenditures.

SECTION 30. Title 30 of the Official Code of Georgia Annotated, relating to handicapped persons, is amended as follows: (1) By striking from the introduction "the following words shall have the following meaning:" and inserting in its place "the term:" in Code Section 30-10-2, relating to definitions.

SECTION 31. Title 31 of the Official Code of Georgia Annotated, relating to health, is amended as follows: (1) By striking subsection (a) of Code Section 31-6-45.1, relating to automatic revocation of a certificate of need or authority and inserting in its place the following:
"(a) A health care facility which has a certificate of need or is otherwise authorized to operate pursuant to this chapter shall have such certificate of need or authority to operate automatically revoked by operation of law without any action by the Department of-7-4 is finally revoked by order of the Department of Human Resources. For purposes of this subsection, the date of such final revocation shall be as follows:

]4__________GENERAL ACTS AND RESOLUTIONS___________
(1) When there is no appeal of the order pursuant to Chapter 5 of this title, the one hundred and eightieth day after the date upon which expires the time for appealing the revocation order without such an appeal being filed; or (2) When there is an appeal of the order pursuant to Chapter 5 of this title, the date upon which expires the time to appeal the last administrative or judicial order affirming or approving the revocation or revocation order without such appeal being filed. The Department of Community Health may become a party to any judicial proceeding to review a decision by the Department of Human Resources to revoke such a permit." (2) By striking "within or without" and inserting in its place "within or outside" in the fourth sentence of Code Section 31 -7-24, relating to issuance of revenue bonds. (3) By striking "within or without" and inserting in its place "within or outside" in the first sentence of Code Section 31-7-26, relating to security for bonds. (4) By inserting a comma after "subsection" in the introductory language in paragraph (6) of subsection (a) of Code Section 31-9-2, relating to persons authorized to consent to surgical or medical treatment. (5) By striking "If a patient" and inserting in its place "A patient" in paragraph (3) of subsection (e) of Code Section 31-9-6.1, relating to disclosure of certain information to persons undergoing certain surgical or diagnostic procedures, failure to comply, exceptions, and regulations establishing standards for implementation. (6) By striking "requires" and inserting in its place "require" in Code Section 31-28-3, relating to denial, suspension, and revocation of permits. (7) By striking "organizations, shall" and inserting in its place "organizations and shall" in Code Section 31-43-5, relating to appointments to the Commission on Men's Health. (8) By striking "rules" and inserting "rules and regulations" both times it appears in the undesignated text at the end of subsection (a) of Code Section 31-45-10, relating to rules and regulations regarding swimming pools.
SECTION 32. Title 32 of the Official Code of Georgia Annotated, relating to highways, bridges, and ferries, is amended as follows: (1) By inserting "and" after "facility;" at the end of subparagraph (f)(2)(A) of Code Section 32-2-3, relating to development of transportation plans, public hearings, approval of plans by board, and promulgation of rules and regulations. (2) By striking "36-82-101" and inserting in its place "13-10-1" in paragraph (1) of Code Section 32-2-70, relating to the bonds of a successful bidder. (3) By striking "ZIP code" and inserting in its place "ZIP Code" in subparagraphs (a)(2)(A) and (a)(2)(B) of Code Section 32-4-2, relating to official map, list, and records, and rules and regulations. (4) By striking "Title 36 shall be" and inserting in its place "Title 36, shall be" in Code Section 32-4-74, relating to applicability of other laws to this part.

_____________GEORGIA LAWS 2001 SESSION____________15
(5) By striking "Code Section 36-84-1" and inserting in its place "subsection (e) of Code Section 36-91-22" in Code Section 32-4-122, relating to an oath by a successful bidder. (6) By striking "quinquenially" and inserting in its place "quinquennially" in subsection (a) of Code Section 32-5-30, relating to allocation of state and federal funds and authorization of reduction of funds allocated. (7) By inserting paragraph (7) after paragraph (2), renumbering paragraph (7) as paragraph (3) and renumbering paragraphs (3) through paragraph (6) as paragraphs (4) through paragraph (7) of subsection (a), respectively, by inserting "and" at the end of subparagraph (b)(l)(D), by striking the period and inserting "; and" at the end of subparagraph (b)(l)(E), and by inserting "and" at the end of subparagraph (b)(2)(B) of Code Section 32-6-24, relating to length of vehicles and loads. (8) By deleting as obsolete subsection (e) of Code Section 32-6-75.1, relating to Roadside Enhancement and Beautification Council, membership, purpose, compensation, and abolition of Outdoor Advertising Citizens Advisory Council. (9) By inserting "or" at the end of paragraph (3) of Code Section 32-6-84, relating to interests and losses which may be compensable under Code Sections 32-6-82 and 32-6-83.
SECTION 33. Title 33 of the Official Code of Georgia Annotated, relating to insurance, is amended as follows: (1) By redesignating division (b)(l 5)(A)(i) as division (b)(15)(A)(ii) and division (b)(15)(A)(ii) as division (b)(15)(A)(i), respectively, in Code Section 33-6-4, relating to enumeration of unfair methods of competition and unfair or deceptive acts or practices and penalty. (2) By repealing the obsolete provisions contained in Code Section 33-9-41, relating to the study of effect of 1987 legislation on loss experience, cooperation of insurers, and report to General Assembly, and reserving the Code section number designation. (3) By striking "(7)" and inserting in its place "(8)" in the introductory language in subsection (a) and by striking "(a)(7)(B)" and inserting in its place "(a)(8)(B)" in subsection (b) of Code Section 33-23-5, relating to qualifications and requirements for insurance license applicants. (4) By striking the semicolons and inserting in their place periods in subparagraphs (c)(l )(A) through (c)(l )(C) and (c)(l )(E) and by striking"; and" and inserting in its place a period in subparagraph (c)(l)(F) of Code Section 33-23-12, relating to limited insurance licenses. (5) By striking the current obsolete, repealed subsection (g) and redesignating subsection (h) as subsection (g) in Code Section 33-24-29, relating to coverage for treatment of mental disorders under accident and sickness insurance benefit plans providing major medical benefits covering small groups, studies, and federal law. (6) By striking the obsolete, repealed subsection (g) of Code Section 33-24-29.1, relating to coverage for mental disorders under accident and sickness insurance

J_5_________GENERAL ACTS AND RESOLUTIONS__________

benefit plans providing major medical benefits covering all groups except small groups and studies.

SECTION 34 Title 34 of the Official Code of Georgia Annotated, relating to labor and industrial relations, is amended as follows: (1) By striking "limited liability corporation" and inserting in its place "limited liability company" in paragraph (2) of subsection (a) of Code Section 34-1-4, relating to employer immunity for disclosure of information regarding job performance.

Reserved.

SECTION 35.

SECTION 36. Title 36 of the Official Code of Georgia Annotated, relating to local government, is amended as follows: (1) By striking "Article IX" and inserting in its place "Article XI" in paragraph (2) of subsection (d) of Code Section 36-1-21, relating to the civil service system for county employees.

SECTION 37. Title 37 of the Official Code of Georgia Annotated, relating to mental health, is amended as follows: (1) By striking "abandoned or is" and inserting in its place "abandoned, is" in Code Section 37-2-37, relating to abuse of service recipients.

Reserved.

SECTION 38.

Reserved.

SECTION 39.

SECTION 40. Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, is amended as follows: (1) By striking "levelling" and inserting in its place "leveling" in paragraph (59) of Code Section 40-1-1, relating to definitions relating to motor vehicles and traffic. (2) By inserting a comma after " 1997" the first time it appears in subsection (b. 1) of Code Section 40-2-31, relating to a five-year and annual license plates, design, and revalidation and county decals. (3) By striking "state highway patrolman" and inserting in its place "state patrolman" in subsections (b) and (d) of Code Section 40-2-40, relating to the registration of delinquent vehicles and collection and disposition of penalties.

____________GEORGIA LAWS 2001 SESSION___________17

(4) By striking "such government" and inserting in its place "such governments" in Code Section 40-6-97.1, relating to solicitation permits for charitable organizations. (5) By striking "with his horn, but" and inserting in its place "with his or her horn but" in subsection (a) of Code Section 40-8-70, relating to horns and warning devices.

Reserved.

SECTION 41.

SECTION 42.
Title 42 of the Official Code of Georgia Annotated, relating to penal institutions, is amended as follows: (1) By striking the quotation marks around "reasonable" both times it appears and by striking "herein" and inserting in its place "in this Code section" in paragraph (2) of Code Section 42-5-9, relating to the notification of the projected release date of an inmate. (2) By striking "(g)" and inserting in its place "(f)" in subsection (c) of Code Section 42-8-34, relating to probation hearings and determinations. (3) By striking "the effective date of this Code section" and inserting in its place "May 1,2000," in paragraph (1) of Code Section 42-8-116.1, relating to the effect of failing to comply and previously installed ignition interlock devices.

SECTION 43. Title 43 of the Official Code of Georgia Annotated, relating to professions and business, is amended as follows: (1) By striking "general educational diploma (GED)" and inserting in its place "general educational development (GED) diploma" in subsection (a) of Code Section 43-10-9, relating to application for certificate of registration, examination, and reciprocity regarding cosmetologists. (2) By striking "certified or statutory overnight delivery mail" and inserting in its place "certified mail or statutory overnight delivery" in subsection (b) of Code Section 43-20-5, relating to meetings, reimbursement of members, and notice of meetings regarding the State Board of Hearing Aid Dealers and Dispensers.

Reserved.

SECTION 44.

Reserved.

SECTION 45.

SECTION 46. Title 46 of the Official Code of Georgia Annotated, relating to public utilities and public transportation, is amended as follows:

JJ5__________GENERAL ACTS AND RESOLUTIONS___________

(1) By striking "paragraph (13)" and inserting in its place "paragraph (21)" in subsection (a) of Code Section 46-3-34, relating to the utilities protection center, funding ofactivities, notice ofwork, delay, and responsibility for completing safety requirements. (2) By striking "Title 50 of the O.C.G.A." and inserting in its place "Title 50." in subsection (f) of Code Section 46-9-324, relating to membership of the Southwest Georgia Railroad Excursion Authority, the chairperson, conflicts of interest, and compensation.

Reserved.

SECTION 47.

SECTION 48. Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, is amended as follows: (1) By striking "my be claimed" and inserting in its place "may be claimed" in subsection (b) of Code Section 48-7-40.18, relating to tax credit for businesses headquartered in the state and full-time jobs. (2) By striking "limited liability corporation" and inserting in its place "limited liability company" in paragraph (2) of subsection (a) of Code Section 48-7-42, relating to affiliated entity defined, assignment of corporate income tax credit, carryover of unused credit, and joint and severable liability. (3) By striking "both persons have" and inserting in its place "both persons are under" and by striking "of the property" after "ownership" in the introductory language of paragraph (42) of Code Section 48-8-3, relating to exemptions from sales and use taxes. (4) By striking "tangible services" and inserting in its place "taxable services" in subsection (g) of Code Section 48-8-30, relating to the imposition of tax, rates, and collection.

SECTION 49. Title 49 of the Official Code of Georgia Annotated, relating to social services, is amended as follows: (1) By striking" 15-11 -137" and inserting in its place" 15-11 -173" in paragraph (3) of subsection (e) of Code Section 49-5-41, relating to persons and agencies permitted access to records. (2) By repealing and reserving Article 12 of Chapter 5 of Title 49, Code Sections 49-5-250 through 49-5-264, relating to the Policy Council for Children and Families.

SECTION 50. Title 50 of the Official Code of Georgia Annotated, relating to state government, is amended as follows: (1) By striking "Provided, further, the" and inserting in its place "The" in paragraph (7) of subsection (a) and by inserting "or" after "bid in paragraph (3) of

____________GEORGIA LAWS 2001 SESSION___________19

subsection (b) of Code Section 50-18-72, relating to inspection of public records and when public disclosure is not required and disclosure of exempting legal authority. (2) By striking "paragraph (3)" and inserting in its place "paragraph (6)" in subparagraph (A) of paragraph (4) of Code Section 50-22-2, relating to definitions relating to acquisition of professional services. (3) By striking "the commissioner of the Department of Community Affairs; and the commissioner ofthe Department of Industry, Trade, and Tourism" and inserting in its place "the commissioner of community affairs; and the commissioner of industry, trade, and tourism" in subsection (f) of Code Section 50-34-6, relating to the OneGeorgia Authority and the powers of the authority.

SECTION 51. Title 51 of the Official Code of Georgia Annotated, relating to torts, is amended as follows: (1) By striking "ten point" and inserting in its place "ten-point" in subsection (c) of Code Section 51-12-72, relating to the requirement of a written transfer agreement in regards to damages in tort actions.

SECTION 52. Title 52 of the Official Code of Georgia Annotated, relating to waters of the state, ports, and watercraft, is amended as follows: (1) By striking "Office and Planning" and inserting in its place "Office of Planning" in subsection (b) of Code Section 52-2-5, relating to the composition of the Georgia Ports Authority, appointment, terms, and qualifications of members generally, filling of vacancies, election of chairperson, vice chairperson, and secretary-treasurer, and quorum.

Reserved.

SECTION 53.

SECTION 54. Except for Title 47, the text of Code sections and title, chapter, article, part, subpart, Code section, subsection, paragraph, subparagraph, division, and subdivision numbers and designations as contained in the Official Code of Georgia Annotated published under authority of the state by The Michie Company in 1982 and contained in Volumes 3 through 40 of such publication or replacement volumes thereto, as amended by the text and numbering of Code sections as contained in the 2000 supplements to the Official Code of Georgia Annotated published under authority of the state in 2000 by LEXiS Publishing, is reenacted and shall have the effect of statutes enacted by the General Assembly of Georgia. Annotations; editorial notes; Code Revision Commission notes; research references; notes on law review articles; opinions of the Attorney General of Georgia; indexes; analyses; title, chapter, article, part, and subpart captions or headings, except as otherwise provided in the Code; catchlines of Code sections or portions thereof, except as

20__________GENERAL ACTS AND RESOLUTIONS__________
otherwise provided in the Code; and rules and regulations of state agencies, departments, boards, commissions, or other entities which are contained in the Official Code of Georgia Annotated are not enacted as statutes by the provisions of this Act. Material which has been added in brackets or parentheses and editorial, delayed effective date, effect of amendment, or other similar notes within the text of a Code section by the editorial staff of the publisher in order to explain or to prevent a misapprehension concerning the contents of the Code section and which is explained in an editorial note is not enacted by the provisions of this section and shall not be considered a part of the Official Code of Georgia Annotated. The reenactment of the statutory portion of the Official Code of Georgia Annotated by this Act shall not affect, supersede, or repeal any Act of the General Assembly, or portion thereof, which is not contained in the Official Code of Georgia Annotated and which was not repealed by Code Section 1-1-10, specifically including those Acts which have not yet been included in the text of the Official Code of Georgia Annotated because of effective dates which extend beyond the effective date of the Code or the publication date of the Code or its supplements or replacement volumes. The provisions contained in other sections of this Act and in the other Acts enacted at the 2001 regular session of the General Assembly of Georgia shall supersede the provisions of the Official Code of Georgia Annotated reenacted by this section.
SECTION 55. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 56. All laws and parts of laws in conflict with this Act are repealed.
Approved February 12, 2001.
ELECTIONS -CODE REVISION; CORRECTIONS.
Code Title 21 Amended.
No. 3 (House Bill No. 106).
AN ACT
To amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to correct typographical, stylistic, and other errors and omissions in Title 21 of the Official Code of Georgia Annotated and in Acts of the General Assembly amending Title 21 of the Official Code of Georgia Annotated; to correct capitalization and spelling in Title 21 of the Official Code of Georgia Annotated;

_____________GEORGIA LAWS 2001 SESSION____________2]_
to provide for necessary or appropriate revisions and modernizations of matters contained in Title 21 of the Official Code of Georgia Annotated; to provide for other matters relating to Title 21 of the Official Code of Georgia Annotated; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Title 21 of the Official Code of Georgia Annotated, relating to elections, is amended as follows: (1) By inserting "or commercial delivery firm" after "post office" in Code Section 21-2-33, relating to hearings before the State Election Board. (2) By inserting "or commercial delivery firm" after "post office" in subsection (b) of Code Section 21-2-171, relating to the examination of nomination petitions, the basis for grant or denial of filing, and review and appeal of denial. (3) By striking "paragraph (21) of Code Section 21-2-3" and inserting in its place "paragraph (25) of Code Section 21-2-2" in paragraph (6.1) of Code Section 21-5-40, relating to definitions regarding contributions to candidates for public office.
SECTION 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.
Approved February 12, 2001.
RETIREMENT AND PENSIONS - CODE REVISION; CORRECTIONS.
Code Title 47 Amended.
No. 4 (House Bill No. 108).
AN ACT
To amend Title 47 of the Official Code of Georgia Annotated, relating to retirement and pensions, so as to correct typographical, stylistic, and other errors and omissions in Title 47 of the Official Code of Georgia Annotated and in Acts of the General Assembly amending Title 47 of the Official Code of Georgia Annotated; to correct capitalization and spelling in Title 47 of the Official Code of Georgia Annotated; to provide for other matters relative to Title 47 of the Official Code of

22_________GENERAL ACTS AND RESOLUTIONS__________
Georgia Annotated; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Title 47 of the Official Code of Georgia Annotated, relating to retirement and pensions, is amended as follows: (1) By striking "subsections (b) and (c) of Code Section 47-1-12" and inserting in its place "Article 7 of Chapter 20 of this title" in paragraph (3) of subsection (f) of Code Section 47-1-3, relating to the power of a local retirement system to hire an actuary, payment of the administrative costs of a local retirement system, periodic actuarial investigations, and annual financial report. (2) By striking "subsections (b) and (c) of Code Section 47-1-12" and inserting in its place "Article 7 of Chapter 20 of this title" in Code Section 47-1-4, relating to report of the state auditor on the condition of local retirement systems. (3) By striking "System who" and inserting in its place "System of Georgia who" in paragraph (1) of subsection (b) of Code Section 47-3-81, relating to the transfer of service credits from the Employees' Retirement System of Georgia, limitations, and additional contributions or adjustments required. (4) By inserting "and" at the end of subparagraph (A) of paragraph (2) of Code Section 47-7A-1, relating to definitions regarding the Georgia Class Nine Fire Department Pension Fund. (5) By redesignating the current second subsection (b) as subsection (c) and by redesignating the current subsections (c) through (e) as subsections (d) through (f), respectively, in Code Section 47-7A-20, relating to creation, powers and duties, expenses, and combining funds. (6) By striking "selects" and inserting in its place "elects" in the introductory language of paragraph (3) of subsection (d) of Code Section 47-7 A-100, relating to the definition ofbenefits regarding the Georgia Class Nine Fire Department Pension Fund. (7) By striking "retirement between" and inserting in its place "retirement, between" in paragraph (6) ofCode Section 47-20-3, relating to definitions regarding public retirement systems standards. (8) By striking "used, and" and inserting in its place "used and" in subsection (b) of Code Section 47-20-10, relating to the minimum annual employer contribution. (9) By striking "of this Code section" and inserting in its place "of this subsection" each time it appears in paragraphs (2), (11) through (13), (16), and (21), by striking "preceding date" and inserting in its place "preceding the date" in paragraph (12), and by striking "investment" and inserting in its place "invested" in paragraph (17) ofsubsection (a) ofCode Section 47-20-83, relating to certified or uncertified forms of investment and real estate investments. (10) By inserting "ofsubsection (a)" after "paragraph (1)" in subsection (b) ofCode Section 47-20-84, relating to large retirement systems.

_____________GEORGIA LAWS 2001 SESSION____________23
(11) By striking "survivor's" and inserting in its place "survivors" in Code Section 47-23-49, relating to irrevocable election by individuals employed but previously ineligible and creditable service. (12) By striking "survivor's" and inserting in its place "survivors" in subsection (b) of Code Section 47-23-64, relating to the transfer of funds from Employees' Retirement System of Georgia by judges or district attorneys and crediting service.
SECTION 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.
Approved February 12, 2001.
CONSERVATION AND NATURAL RESOURCES - FLINT RIVER DROUGHT PROTECTION ACT; BOARD OF NATURAL RESOURCES; RULES; RATIFICATION.
No. 1 (House Resolution No. 17).
A RESOLUTION
Ratifying the rules of the Board of Natural Resources for administration and implementation of Article 9 of Chapter 5 of Title 12 of the O.C.G.A., the "Flint River Drought Protection Act"; to provide an effective date; and for other purposes.
WHEREAS, subsection (a) of Code Section 12-5-543 of the O.C.G.A. authorizes the Board of Natural Resources to promulgate rules and regulations for a drought abatement program for the Flint River basin; and
WHEREAS, subsection (b) of Code Section 12-5-543 of the O.C.G.A. authorizes the Board of Natural Resources to implement and enforce the provisions of Article 9 of Chapter 5 of Title 12 of the O.C.G.A., the "Flint River Drought Protection Act"; and
WHEREAS, subsection (a) of Code Section 12-5-546 of the O.C.G.A. mandates that the Environmental Protection Division ofthe Department ofNatural Resources issue a prediction on severe drought conditions for the year by March 1 of each year; and

24__________GENERAL ACTS AND RESOLUTIONS__________
WHEREAS, subsection (b) of Code Section 12-5-546 of the O.C.G.A. requires the Environmental Protection Division of the Department of Natural Resources to conduct an irrigation reduction auction to maintain acceptable Flint River stream flows when a severe drought condition prediction is issued; and
WHEREAS, the auction and final irrigation acreage removal agreements must be completed by March 30 of each severe drought year in order to help maintain acceptable Flint River stream flows from April through September when irrigation is most needed; and
WHEREAS, subsection (c) of Code Section 12-5-543 of the O.C.G.A. requires the Board of Natural Resources to submit to the members of the General Assembly any promulgated rules and regulations for review, with said rules and regulations to become effective upon the expiration of the legislative session unless a resolution disapproving such regulations shall have been adopted by both houses of the General Assembly; and
WHEREAS, there is the possibility that the 2001 regular session of the General Assembly may extend beyond March 1, 2001, thereby preventing an effective program for the year 2001 from being in place in a timely fashion; and
WHEREAS, the Board of Natural Resources on December 6, 2000, promulgated the Flint River Drought Protection Rules and submitted these to the Speaker of the House of Representatives and the President of the Senate for distribution to the members of the General Assembly; and
WHEREAS, the General Assembly has reviewed the board's December 6, 2000, Flint River Drought Protection Rules and determined that they are acceptable pursuant to the Flint River Drought Protection Act.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that, notwithstanding the provisions of subsection (c) of Code Section 12-5-543, the Flint River Drought Protection Rules promulgated by the Board of Natural Resources on December 6, 2000, are ratified and approved to become effective on February 21, 2001.
BE IT FURTHER RESOLVED that the Department of Natural Resources is authorized to undertake and carry out all activities necessary to implement the rules, effective February 21, 2001.
Approved February 21, 2001.

_____________GEORGIA LAWS 2001 SESSION____________25
STATE PROPERTY - CONVEYANCE TO GEORGIA TECH FOUNDATION REAL ESTATE HOLDING CORPORATION.
No. 2 (Senate Resolution No. 80).
A RESOLUTION
Authorizing the conveyance of certain state owned real property located in the City of Atlanta, Fulton County, Georgia; to provide an effective date; to repeal conflicting laws; and for other purposes.
WHEREAS, the Georgia Department of Transportation is the owner of certain real property located in the City of Atlanta, Fulton County, Georgia; and
WHEREAS, said property consists of all those tracts or parcels of land adjacent to Williams Street between Third and Eighth Streets in the City of Atlanta, Fulton County, Georgia, and being generally identified as Department of Transportation Property I-75-2-(41 )256, Parcels 27, 51, 52, 53, 53A, 54, 54A, 55, 55A, and 82, as shown on the Department of Transportation Plans dated May 8, 1979; and
WHEREAS, the above-described property is not being utilized by the Department of Transportation and said department desires to declare such property surplus; and
WHEREAS, the Board of Regents of the University System of Georgia desires that such real property be acquired for the benefit of the Georgia Institute of Technology.
NOW, THEREFORE, BE IT RESOLVED AND ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. That the Georgia Department of Transportation is the owner of the above-described real property located in the City of Atlanta, Fulton County, Georgia.
SECTION 2. That the Department of Transportation is authorized to convey by sale any or all of the above-described real property to the Georgia Tech Foundation Real Estate Holding Corporation for the benefit of the Board of Regents of the University System of Georgia for the use and benefit of the Georgia Institute of Technology, such conveyance to be for a consideration of not less than the fair market value of such property as established by the Department of Transportation and upon such further terms and conditions as the Department of Transportation shall in its discretion determine to be in the best interest of the State of Georgia.

26__________GENERAL ACTS AND RESOLUTIONS__________
SECTION 3. That the Department of Transportation is authorized and empowered to do all acts and things necessary and proper to effect such conveyance.
SECTION 4. That this resolution shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 5. That all laws and parts of laws in conflict with this resolution are repealed.
Approved March 7, 2001.
MILITARY, EMERGENCY MANAGEMENT, AND VETERANS AFFAIRS -
ADJUTANT GENERAL AND ASSISTANT.
Code Sections 38-2-150 and 38-2-152 Amended.
No. 8 (House Bill No. 242).
AN ACT
To amend Part 3 of Article 2 of Chapter 2 of Title 38 of the Official Code of Georgia Annotated, relating to the adjutant general and other executives, so as to change certain provisions relating to the office of adjutant general; to provide for the rank of the adjutant general and for the pay and allowances for such officer; to provide for the applicability of certain provisions of law; to change certain provisions relating to the office of an assistant adjutant general; to provide for the rank of an assistant adjutant general and for the pay and allowances for such 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. Part 3 of Article 2 of Chapter 2 of Title 38 of the Official Code of Georgia Annotated, relating to the adjutant general and other executives, is amended by striking in its entirety Code Section 38-2-150, relating to the adjutant general, and inserting in lieu thereof a new Code Section 38-2-150 to read as follows:
'38-2-150. There shall be an adjutant general of the state who shall be appointed by the Governor for a term concurrent with the term of the Governor appointing such

_____________GEORGIA LAWS 2001 SESSION____________27
person and who shall serve as such at the pleasure of the Governor. The adjutant general shall have not less than the rank of a major general, the specific rank to be determined by the Governor. The adjutant general shall not be less than 30 nor more than 65 years of age. No person shall be eligible to hold the office of adjutant general unless he or she holds or has held a commission of at least the rank of field grade or the equivalent in the organized militia of the state, in the armed forces of the United States, or in a reserve component thereof and shall have served not less than five years in one or more of such services at the time of his or her appointment. The adjutant general shall receive the pay and allowances for his or her rank as provided by law for an officer of equivalent rank in the regular armed forces of the United States. The Governor shall require the adjutant general to give bond to the state, conditioned on the faithful discharge of the duties of the office, in the sum of $10,000.00 with good and sufficient security, to be approved by the Governor. Notwithstanding any other provisions of law, the adjutant general shall not be subject to the provisions of subsection (e) of Code Section 38-2-279, relating to pay for 18 days' absence and emergency pay."
SECTION 2. Said part is further amended by striking in its entirety Code Section 38-2-152, relating to assistant adjutants general, and inserting in lieu thereof a new Code Section 38-2-152 to read as follows:
"38-2-152.
The Governor shall appoint an assistant adjutant general for army and an assistant adjutant general for air to assist the adjutant general in the discharge and performance of his or her duties. Each of the assistant adjutants general, at the time of appointment, shall be a federally recognized officer with the rank of lieutenant colonel or higher with not less than five years of continuous service in the Army or Air National Guard of this state. An officer who has retired or resigned from the Georgia National Guard shall be eligible for appointment as assistant adjutant general for army or air; provided, however, that the officer shall have served not less than five years in a federally recognized status in the active Army or Air National Guard, as appropriate, and attained the rank of lieutenant colonel or higher; and provided, further, that the appointment of the officer shall be within five years after the date of his or her retirement or resignation and prior to his or her attaining age 60. Each of the assistant adjutants general shall have the rank of not less than brigadier general, the specific rank to be determined by the Governor. Each of the officers shall receive the pay and allowances for his or her rank as provided by law for an officer of equivalent rank in the regular armed forces of the United States. In the event of a vacancy in the office of the adjutant general, and until his or her successor is appointed and qualified as provided by law, the assistant adjutant general who is senior in rank shall perform the duties required ofthe adjutant general in connection with the military division, as provided by law. Assistant adjutants general shall hold no other state office, and they shall serve at the pleasure of the Governor."

28__________GENERAL ACTS AND RESOLUTIONS__________
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 March 9, 2001.
INSURANCE-HEALTH; REGISTERED NURSE FIRST ASSISTANTS;
REIMBURSEMENT.
Code Section 33-24-59.9 Enacted.
No. 14 (House Bill No. 355).
AN ACT
To amend Article 1 of Chapter 24 of Title 33 of the Official Code of Georgia Annotated, relating to general provisions relative to insurance, so as to enact the "Registered Nurse First Assistant Consumer Act"; to provide for legislative intent; to provide for definitions; to provide for reimbursement by insurers to registered nurse first assistants who perform surgical first assistant services; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Article 1 of Chapter 24 of Title 33 of the Official Code of Georgia Annotated, relating to general provisions relative to insurance, is amended by adding at the end thereof a new Code Section 33-24-59.9 to read as follows:
'33-24-59.9. (a) This Code section shall be known and may be cited as the 'Registered Nurse First Assistant Consumer Act.' (b) It is the intent of the General Assembly to:
(1) Encourage the continued use of registered nurse first assistants who meet the qualifications of this Code section as 'assistants at surgery' by physicians and surgical facilities to provide quality, cost-effective surgical intervention to health care recipients in the state; and (2) Establish policies within managed health care agencies, workers' compensation carriers, and all private insurance companies to provide for

____________GEORGIA LAWS 2001 SESSION____________29
adequate and justifiable reimbursement for the registered nurse first assistant for services rendered. (c) As used in this Code section, the term: (1) 'Health benefit policy' means any individual or group plan, policy, or contract for health care services issued, delivered, issued for delivery, or renewed in this state, including, but not limited to, those policies, plans, or contracts executed by the State of Georgia on behalf of state employees under Article 1 of Chapter 18 of Title 45, by a health care corporation, health maintenance organization, preferred provider organization, accident and sickness insurer, fraternal benefit society, hospital service corporation, medical service corporation, workers' compensation insurance carrier in accordance with Chapter 9 of Title 34, or other insurer or similar entity. (2) 'Insurer' means an accident and sickness insurer, fraternal benefit society, hospital service corporation, workers' compensation insurance carrier, medical service corporation, health care corporation, health maintenance organization, managed care plan other than a dental plan, or any similar entity authorized to issue contracts under this title, but shall exclude any state program funded under Title XIX of the federal Social Security Act, 42 U.S.C.A. Section 1396 et seq., and any other publicly funded state health care program. (3) 'Perioperative nursing' means a practice of registered professional nursing in which the registered nurse provides preoperative, intraoperative, and postoperative nursing care to surgical patients. (4) 'Recognized educational curriculum program' means a program that:
(A) Addresses all content of the Association of periOperative Registered Nurses, Inc., Core Curriculum for the Registered Nurse First Assistant and the Certification Board of Perioperative Nurses; and (B) Includes indicated didactic and clinical internship as required by the curriculum. (5) 'Registered nurse first assistant' means a person who:
(A)(i) Is licensed as a registered professional nurse in the State of Georgia; (ii) Is certified in perioperative nursing; and (iii) Has successfully completed a registered nurse first assistant education program that meets the Association of periOperative Registered Nurses, Inc.'s education standard for the registered nurse first assistant; or (B) Was holding the title of and practicing as a registered nurse first assistant as of January 1, 1993. (d) Notwithstanding any provisions in policies or contracts which might be construed to the contrary, whenever any health benefit policy which is issued, executed, or renewed in this state on or after July 1, 2001, provides that any of its benefits are payable to a surgical first assistant for services rendered, the insurer shall be required to directly reimburse any registered nurse first assistant who has rendered such services at the request of a physician and within the scope of a registered nurse first assistant's professional license. This Code section shall not apply to a registered nurse first assistant who is employed by the requesting

30__________GENERAL ACTS AND RESOLUTIONS_________
physician or renders such services in the capacity as an employee of the hospital where services are rendered.'
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.
Approved March 22, 2001.
STATE PROPERTY - EASEMENTS TO JOHN ANTHONY CODY, HOYT DODD, AND PAMELA GARNER; BARROW COUNTY; WILLIAMS COMMUNICATIONS, INC.; LEVEL 3 COMMUNICATIONS, LLC; MACON WATER AUTHORITY; BELLSOUTH COMMUNICATIONS, INC.; CHATHAM COUNTY; NORMAN W. FRIES, INC.; CITY OF ATLANTA; FULTON COUNTY; GWINNETT COUNTY; ALTAMAHA EMC; SNAPPING SHOALS EMC; PUBLIC SERVICE TELEPHONE COMPANY OF REYNOLDS, GEORGIA; TALBOT COUNTY; CITY OF VIDALIA; TOOMBS COUNTY; BRASWELL SERVICES GROUP, INC.;AND JAMES F. GOODE AND RUTH KRUG GOODE.
No. 3 (Senate Resolution No. 35).
A RESOLUTION
Authorizing the granting of nonexclusive easements for the installation, operation, and maintenance of utilities, ingress and egress, drainage, and dredging, as well as monitoring wells in, on, over, under, upon, across, or through property owned by the State of Georgia in Banks, Barrow, Bibb, Chatham, Evans, Fulton, Gwinnett, Jones, Laurens, Madison, Newton, Rockdale, Talbot, Tift, Toombs, Glynn, and White counties, Georgia; to repeal conflicting laws; and for other purposes.
WHEREAS, the State of Georgia is the owner of certain real property located in Banks, Barrow, Bibb, Chatham, Evans, Fulton, Gwinnett, Jones, Laurens, Madison, Newton, Rockdale, Talbot, Tift, Toombs, Glynn, and White counties, Georgia; and
WHEREAS, John Anthony Cody, Hoyt Dodd, Pamela Garner; Barrow County; Williams Communications, Inc.; Level 3 Communications, LLC; the Macon Water Authority; BellSouth Communications, Inc.; Chatham County; Norman W. Fries, Inc.; the City of Atlanta, Fulton County; Gwinnett County; Altamaha EMC; Snapping Shoals EMC; Public Service Telephone Company of Reynolds, Georgia; Talbot County; the City of Vidalia, Toombs County; Braswell Services Group, Inc.; and James F. Goode and Ruth Krug Goode desire to operate and maintain utilities, ingress and egress, drainage, and dredging, as well as monitoring wells in, on, over, under, upon, across, or through a portion of said property; and

____________GEORGIA LAWS 2001 SESSION___________3J_
WHEREAS, these utilities, together with the rights of ingress and egress, drainage, and dredging, as well as monitoring wells in, on, over, under, upon, across, or through the hereinafter described state property have been requested and approved by the Department of Natural Resources, Department of Human Resources, Department of Technical and Adult Education, Department of Corrections, Department of Defense, Department of Public Safety, 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 Banks County and in the custody of the Department of Natural Resources, 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.
SECTION 2. That the State of Georgia, acting by and through its State Properties Commission, may grant to John Anthony Cody and Hoyt Dodd and Pamela Garner, or their successors and assigns, a nonexclusive easement for the operation and maintenance of ingress and egress in, on, over, under, upon, across, or through the easement area for the purpose of maintaining, repairing, replacing, inspecting, and operating 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 area is located in Land Lot 227 of the 10th District of Banks County, Georgia, and is more particularly described as follows:
That portion and that portion only as shown in orange on a plat of survey prepared by Samuel L. Duvall, Georgia Registered Land Surveyor #2295, dated June 6, 2000, 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 installing, maintaining, repairing, replacing, inspecting, and operating said ingress and egress.
SECTION 4. That John Anthony Cody and Hoyt Dodd and Pamela Garner shall have the right to remove or cause to be removed from said easement area only such trees and

32__________GENERAL ACTS AND RESOLUTIONS___________
bushes as may be reasonably necessary for the proper operation and maintenance of said ingress and egress.
SECTION 5. That, after John Anthony Cody and Hoyt Dodd and Pamela Garner 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, John Anthony Cody and Hoyt Dodd and Pamela Garner, 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 ofthe State of Georgia, or its successors and assigns.
SECTION 6. That no title shall be conveyed to John Anthony Cody or Hoyt Dodd or Pamela Garner and, except as herein specifically granted to John Anthony Cody and Hoyt Dodd and Pamela Garner, all rights, title, and interest in and to said easement area are 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 John Anthony Cody and Hoyt Dodd and Pamela Garner.
SECTION 7. That if the State of Georgia, acting by and through its State Properties Commission, determines that any or all ofthe 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 ofthe 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 ofthe State of Georgia, and John Anthony Cody and Hoyt Dodd and Pamela Garner 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 ofthe 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 John Anthony Cody and Hoyt Dodd and Pamela Garner. Upon written request, the State Properties Commission, in its sole discretion, may permit the relocation ofthe 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 John Anthony Cody and Hoyt Dodd and Pamela Garner shall contain such other reasonable terms, conditions, and covenants as the

____________GEORGIA LAWS 2001 SESSION___________33
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 each, 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 Banks 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 John Anthony Cody and Hoyt Dodd and Pamela Garner 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 Barrow County and in the custody of the Department of Natural Resources, 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.
SECTION 14. That the State of Georgia, acting by and through its State Properties Commission, may grant to Level 3 Communications, LLC, 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 purpose of constructing, erecting, installing, maintaining, repairing, replacing, inspecting, and operating communications 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 in the 249th GMD of Barrow County, Georgia, and is more particularly described as follows:

34____________GENERAL ACTS AND RESOLUTIONS___________
That portion and that portion only as shown marked in orange on a plat of survey prepared by David Morris Simpson, Georgia Registered Land Surveyor #1695, dated September 13, 2000, 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 purpose of planning, constructing, erecting, installing, maintaining, repairing, replacing, inspecting, and operating said communications lines.
SECTION 16. That Level 3 Communications, LLC 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 17. That, after Level 3 Communications, LLC 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, Level 3 Communications, LLC, 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 Level 3 Communications, LLC, and, except as herein specifically granted to Level 3 Communications, LLC, all rights, title, atid interest in and to said easement area are 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 Level 3 Communications, LLC.
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 Level 3 Communications, LLC

_____________GEORGIA LAWS 2001 SESSION____________35
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 Level 3 Communications, LLC. 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 Level 3 Communications, LLC 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 Level 3 Communications, LLC 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 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 Barrow County and in the custody of the Department of Natural Resources, hereinafter referred to as the "easement area," and that, in all matters relating to the

36_________GENERAL ACTS AND RESOLUTIONS__________
easement area, the State of Georgia is acting by and through its State Properties Commission.
SECTION 26. That the State of Georgia, acting by and through its State Properties Commission, may grant to Williams Communications, Inc., or its successors and assigns, a nonexclusive easement for the construction, operation, and maintenance of communications lines, on, over, under, upon, across, or through the easement area for the purpose of constructing, erecting, installing, maintaining, repairing, replacing, inspecting, and operating communications 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 in the 249th GMD of Barrow County, Georgia, and is more particularly described as follows:
That portion and that portion only as shown in yellow on a drawing attached as Exhibit "A" on that certain Department of Natural Resources Board Resolution dated August 23, 2000, 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 communications lines.
SECTION 28. That Williams Communications, 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 29. That, after Williams Communications, 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, Williams Communications, 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.

_____________GEORGIA LAWS 2001 SESSION____________37
SECTION 30. That no title shall be conveyed to Williams Communications, Inc., and, except as herein specifically granted to Williams Communications, Inc., all rights, title, and interest in and to said easement area are 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 Williams Communications, 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 Williams Communications, 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 Williams Communications, 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 Williams Communications, 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 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 Barrow County and a recorded copy shall be forwarded to the State Properties Commission.

38_________GENERAL ACTS AND RESOLUTIONS__________
SECTION 35. That the authorization in this resolution to grant the above-described easement to Williams Communications, 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.
ARTICLE IV SECTION 37.
That the State of Georgia is the owner of the hereinafter described real property in Barrow County and in the custody of the Department of Natural Resources, 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.
SECTION 38. That the State of Georgia, acting by and through its State Properties Commission, may grant to Barrow County, or its successors and assigns, a nonexclusive easement for the construction, operation, and maintenance of an irrigation line in, on, over, under, upon, across, or through the easement area for the purpose of constructing, erecting, installing, maintaining, repairing, replacing, inspecting, and operating an irrigation line 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 within the bounds of Fort Yargo State Park in Barrow County, Georgia, and is more particularly described as follows:
That portion and that portion only as shown in yellow on a drawing prepared by Barrow County dated July 7, 2000, 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 irrigation line.
SECTION 40. That Barrow 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 irrigation line.

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SECTION 41. That, after Barrow County has put into use the irrigation 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, Barrow 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 42. That no title shall be conveyed to Barrow County, and, except as herein specifically granted to Barrow County, all rights, title, and interest in and to said easement area are 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 Barrow County.
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 Barrow 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 Barrow 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 44. That the easement granted to Barrow 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.

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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.
SECTION 46. 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 47. That the authorization in this resolution to grant the above-described easement to Barrow 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 Bibb County and in the custody of the Department of Natural Resources, 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.
SECTION 50. That the State of Georgia, acting by and through its State Properties Commission, may grant to the Macon 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 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 area is located in Land Lot 206 of the 5th District of Bibb County, Georgia, and is more particularly described as follows:
That portion and that portion only as shown marked in yellow on a drawing entitled "Echeconnee Creek Interceptor Sewer Phase II Contract B - Easement Drawing" dated September, 1999, and prepared by D S Atlantic Tribble & Richardson, Inc. and being on file in the offices of the State Properties Commission

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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 Macon Water Authority shall have the right to remove or cause to be removed from said easement area only such trees and bushes as may be reasonably necessary for the proper construction, operation, and maintenance of said sanitary sewer lines.
SECTION 53. That, after the Macon Water Authority 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, the Macon Water Authority, 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 Macon Water Authority, and, except as herein specifically granted to the Macon Water Authority, all rights, title, and interest in and to said easement area are 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 Macon Water Authority.
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 ofthe State ofGeorgia, and the Macon Water Authority 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

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expense, not to exceed by 20 percent the amount of a written estimate provided by the Macon Water Authority. 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 Macon Water Authority shall contain such other reasonable terms, conditions, and covenants as the State Properties Commission shall deem in the best interest of the State of Georgia and that the State Properties 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 Bibb 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 Macon Water Authority 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 alTacts 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 Chatham County and in the custody of the Department of Technical and Adult Education, 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.

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SECTION 62. That the State of Georgia, acting by and through its State Properties Commission, may grant to BellSouth Communications, Inc., or its successors and assigns, a nonexclusive easement for the construction, operation, and maintenance of a telecommunications cabinet 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 telecommunications cabinet 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 in the 4th GMD of Chatham County, Georgia, and is more particularly described as follows:
That portion and that portion only as shown marked in yellow identified as Parcel "A" on a plat of survey entitled "BellSouth Telecommunications" dated March 8,2000, prepared by James R. McDougald 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 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 telecommunications cabinet.
SECTION 64. That BellSouth Communications, 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 telecommunications cabinet.
SECTION 65. That, after BellSouth Communications, Inc. has put into use the telecommunications cabinet 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, BellSouth Communications, 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 66. That no title shall be conveyed to BellSouth Communications, Inc., and, except as herein specifically granted to the BellSouth Communications, Inc., all rights, title, and interest in and to said easement area are reserved in the State of Georgia, which

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may make any use of said easement area not inconsistent with or detrimental to the rights, privileges, and interest granted to BellSouth Communications, Inc.
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 BellSouth Communications, 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 Communications, 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 68. That the easement granted to BellSouth Communications, 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 69. 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 70. 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 71. That the authorization in this resolution to grant the above-described easement to BellSouth Communications, Inc. shall expire three years after the date that this resolution becomes effective.

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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 Chatham County, Georgia, and in the custody of the Department of Human Resources, 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.
SECTION 74. That the State of Georgia, acting by and through its State Properties Commission, may grant to Chatham County, or its successors and assigns, a nonexclusive easement for planning, constructing, and maintaining drainage structures and a nonexclusive easement for uti lities 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 the 6th GMD of Chatham County, Georgia, and are more particularly described as follows:
That portion and that portion only as shown marked in yellow on Exhibit "B," Exhibit "E," and Exhibit "G" of that certain Revocable License Agreement dated July 13, 2000, and being real property record #9378 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 75. That the above-described premises shall be used solely for the purpose of planning, constructing, and maintaining drainage structures and utilities.
SECTION 76. That Chatham County 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 drainage structures and utilities.
SECTION 77. That, after Chatham County has put into use the drainage structures and 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 easement granted herein. Upon abandonment, Chatham County, or its successors and assigns, shall have the option of removing its facilities from the easement areas or leaving the same in place, in

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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 Chatham County, and, except as herein specifically granted to Chatham County, all rights, title, and interest in and to said easement areas are 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 Chatham County.
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 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 Chatham 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 Chatham 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 80. That the easements granted to Chatham County shall contain such other reasonable terms, conditions, and covenants as the State Properties Commission shall deejn 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 81. 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.

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SECTION 82. That these grants 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 83. That the authorization in this resolution to grant the above-described easements to Chatham County 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.
ARTICLE VIII SECTION 85.
That the State of Georgia is the owner of the hereinafter described real property in Evans County, Georgia, and in the custody of the Department of Corrections, 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.
SECTION 86. That the State of Georgia, acting by and through its State Properties Commission, may grant to Norman W. Fries. Inc., 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, 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 area in the 1607th GMD of Evans County, Georgia, and is more particularly described as follows:
That portion and that portion only as shown marked in yellow on a plat of survey prepared by Timothy W. Eason, Georgia Registered Land Surveyor #2508, dated February 21, 2000, entitled "Claxton Poultry Farms, Inc.," 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 purpose of planning, constructing, installing, maintaining, repairing, replacing, inspecting, and operating said sanitary sewer lines.

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SECTION 88. That Norman W. Fries, 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 sanitary sewer lines.
SECTION 89. That, after Norman W. Fries, Inc. 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, Norman W. Fries, 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 90. That no title shall be conveyed to Norman W. Fries, Inc., and, except as herein specifically granted to Norman W. Fries, Inc., all rights, title, and interest in and to said easement area are 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 Norman W. Fries, Inc.
SECTION 91. 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 Norman W. Fries, 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 Norman W. Fries, 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 92. That the easement granted to Norman W. Fries, 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

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Commission is authorized to use a more accurate description of the easement area, so long as the description utilized by the State Properties Commission describes the same easement area herein granted.
SECTION 93. 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 94. That this grant of easement shall be recorded by the grantee in the Superior Court of Evans County and a recorded copy shall be forwarded to the State Properties Commission.
SECTION 95. That the authorization in this resolution to grant the above-described easement to Norman W. Fries, Inc. expires three years after the date that this resolution becomes effective.
SECTION 96. 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 SECTION 97.
That the State of Georgia is the owner of the hereinafter described real property in Fulton County and in the custody of the Department of Defense, 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.
SECTION 98. That the State of Georgia, acting by and through its State Properties Commission, may grant to the City of Atlanta, Fulton County, or its successors and assigns, a nonexclusive easement for the construction, operation, and maintenance of monitoring wells in, on, over, under, upon, across, or through the easement area for the purpose of constructing, installing, maintaining, repairing, inspecting, and operating monitoring wells 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 at the Georgia Department of Defense Headquarters site in Fulton County, Georgia, and is more particularly described as follows:
That portion and that portion only as shown on a plat of survey dated July, 1999, entitled "Closure Plan Confederate Avenue Solid Waste Landfill Fulton County,

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Georgia" prepared by Brent M. Zern, Georgia Registered Land Surveyor #22318, 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 99. That the above-described premises shall be used solely for the purpose of planning, constructing, installing, maintaining, repairing, inspecting, and operating said monitoring wells.
SECTION 100. That, after the City of Atlanta, Fulton County, has put into use the monitoring wells 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, the City of Atlanta, Fulton 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 101. That no title shall be conveyed to the City of Atlanta, Fulton County, and, except as herein specifically granted to the City of Atlanta, Fulton County, all rights, title, and interest in and to said easement area are reserved in the State of Georgia, which may make any use of said easement area not inconsistent with or detrimental to the rights, privileges, and interest granted to the City of Atlanta, Fulton County.
SECTION 102. 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 Atlanta, Fulton 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 Atlanta, Fulton 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

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the party or parties requesting such removal and at no cost and expense to the State of Georgia.
SECTION 103. That the easement granted to the City of Atlanta, Fulton 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 104. 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 105. That this grant of easement 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.
SECTION 106. That the authorization in this resolution to grant the above-described easement to the City of Atlanta, Fulton County, shall expire three years after the date that this resolution becomes effective.
SECTION 107. 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 108.
That the State of Georgia is the owner of the hereinafter described real property in Gwinnett County and in the custody of the Department of Public Safety, hereinafter referred to as the "easement area," and that, in all matters relating to the easement areas, the State of Georgia is acting by and through its State Properties Commission.
SECTION 109. That the State of Georgia, acting by and through its State Properties Commission, may grant to Gwinnett County, or its successors and assigns, a nonexclusive easement for the construction, operation, and maintenance of drainage lines in, on, over, under, upon, across, or through the easement area for the purpose of constructing, installing, maintaining, repairing, replacing, inspecting, and operating

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drainage 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 at State Patrol Post 54 in Gwinnett County, Georgia, and is more particularly described as follows:
Those portions and those portions only as shown marked in yellow and designated as "Tract No. 1 "on a plat of survey dated May 8, 2000, prepared by Mack L. Meeks, 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 110. That the above-described premises shall be used solely for the purpose of planning, constructing, installing, maintaining, repairing, replacing, inspecting, and operating said drainage lines.
SECTION 111. That, after Gwinnett County has put into use the drainage 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, Gwinnett 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 112. That no title shall be conveyed to Gwinnett County, and, except as herein specifically granted to Gwinnett County, all rights, title, and interest in and to said easement area are 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 Gwinnett County.
SECTION 113. 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 Gwinnett 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

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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 Gwinnett 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 114. That the easement granted to Gwinnett 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 115. 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 116. That this grant of easement shall be recorded by the grantee in the Superior Court of Gwinnett County and a recorded copy shall be forwarded to the State Properties Commission.
SECTION 117. That the authorization in this resolution to grant the above-described easement to Gwinnett County shall expire three years after the date that this resolution becomes effective.
SECTION 118. 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 119.
That the State of Georgia is the owner of the hereinafter described real property in Jones County and in the custody of the Department of Natural Resources, 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.

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SECTION 120. That the State of Georgia, acting by and through its State Properties Commission, may grant to Level 3 Communications, LLC, 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 purpose of constructing, installing, maintaining, repairing, replacing, inspecting, and operating communications 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 at Jarrell Plantation State Historic Site in Jones County, Georgia, and is more particularly described as follows:
That portion and that portion only located in Land Lot 210 of the 12th District of Jones County as shown marked in orange on a plat of survey dated October 11, 2000, prepared by David Morris Simpson, Georgia Registered Land Surveyor #1695, 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 121. That the above-described premises shall be used solely for the purpose of planning, constructing, installing, maintaining, repairing, replacing, inspecting, and operating said communications lines.
SECTION 122. That, after Level 3 Communications, LLC 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, Level 3 Communications, LLC, 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 123. That no title shall be conveyed to Level 3 Communications, LLC, and, except as herein specifically granted to Level 3 Communications, LLC, 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 Level 3 Communications, LLC.
SECTION 124. 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

_____________GEORGIA LAWS 2001 SESSION____________55
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 Level 3 Communications, LLC 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 Level 3 Communications, LLC. 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 125. That the easement granted to Level 3 Communications, LLC 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 126. 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 127. That this grant of easement shall be recorded by the grantee in the Superior Court of Jones County and a recorded copy shall be forwarded to the State Properties Commission.
SECTION 128. That the authorization in this resolution to grant the above-described easement to Level 3 Communications, LLC shall expire three years after the date that this resolution becomes effective.
SECTION 129. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect the grant of the easement area.

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ARTICLE XII SECTION 130.
That the State of Georgia is the owner of the hereinafter described real property in Laurens County and in the custody of the Department of Natural Resources, 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.
SECTION 131. That the State of Georgia, acting by and through its State Properties Commission, may grant to Altamaha EMC, or its successors and assigns, a nonexclusive easement for the construction, operation, and maintenance of electrical transmission lines in, on, over, under, upon, across, or through the easement area for the purpose of constructing, installing, maintaining, repairing, replacing, inspecting, and operating electrical transmission 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 at the Laurens County Public Fishing Area in Laurens County, Georgia, and is more particularly described as follows:
That portion and that portion only as shown marked in yellow on a drawing prepared by the Department of Natural Resources and attached as Exhibit "A" of that certain Board of Natural Resources Resolution dated October 25,2000, 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 132. That the above-described premises shall be used solely for the purpose of planning, constructing, installing, maintaining, repairing, replacing, inspecting, and operating said electrical transmission lines.
SECTION 133. That, after Altamaha EMC has put into use the electrical transmission 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 easements granted herein. Upon abandonment, Altamaha EMC, 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.

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SECTION 134. That no title shall be conveyed to Altamaha EMC, and, except as herein specifically granted to Altamaha EMC, all rights, title, and interest in and to said easement area are 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 Altamaha EMC.
SECTION 135. That if the State of Georgia, acting by and through its State Properties Commission, determines that any or all of the facilities placed on the easement area should be removed or relocated to an alternate site on state owned land in order to avoid interference with the state's use or intended use of the easement area, it may grant a substantially equivalent 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 Altamaha EMC 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 Altamaha EMC. 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 136. That the easement granted to Altamaha EMC shall contain such other reasonable terms, conditions, and covenants as the State Properties Commission shall deem in the best interest of the State of Georgia and that the State Properties Commission is authorized to use a more accurate description of the easement area, so long as the description utilized by the State Properties Commission describes the same easement area herein granted.
SECTION 137. That 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 138. That this grant of easement shall be recorded by the grantee in the Superior Court of Laurens County and a recorded copy shall be forwarded to the State Properties Commission.

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SECTION 139. That the authorization in this resolution to grant the above-described easement to Altamaha EMC shall expire three years after the date that this resolution becomes effective.
SECTION 140. 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 141.
That the State of Georgia is the owner of the hereinafter described real property in Madison County and in the custody of the Department of Natural Resources, 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.
SECTION 142. That the State of Georgia, acting by and through its State Properties Commission, may grant to Level 3 Communications, LLC, 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 purpose of constructing, installing, maintaining, repairing, replacing, inspecting, and operating communications 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 at the Broad River Natural Area in Madison County, Georgia, and is more particularly described as follows:
That portion and that portion only as shown marked in yellow on a two plats of survey marked Exhibit "A" and Exhibit "Al" of that certain Revocable License" Agreement dated May 26,2000, and listed as real property record #9371, 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 143. That the above-described premises shall be used solely for the purpose of planning, constructing, installing, maintaining, repairing, replacing, inspecting, and operating said communications lines.
SECTION 144. That, after Level 3 Communications, LLC has put into use the communications lines for which this easement is granted, a subsequent abandonment of the use

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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, Level 3 Communications, LLC, 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 145. That no title shall be conveyed to Level 3 Communications, LLC, and, except as herein specifically granted to Level 3 Communications, LLC, all rights, title, and interest in and to said easement area are 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 Level 3 Communications, LLC.
SECTION 146. 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 Level 3 Communications, LLC 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 Level 3 Communications, LLC. 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 147. That the easement granted to Level 3 Communications, LLC 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 148. 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

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Properties Commission may determine to be in the best interest of the State of Georgia.
SECTION 149. That this grant of easement shall be recorded by the grantee in the Superior Court of Madison County and a recorded copy shall be forwarded to the State Properties Commission.
SECTION 150. That the authorization in this resolution to grant the above-described easement to Level 3 Communications, LLC shall expire three years after the date that this resolution becomes effective.
SECTION 151. 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 XIV SECTION 152.
That the State of Georgia is the owner of the hereinafter described real property in Newton County and in the custody of the Georgia Forestry Commission, 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.
SECTION 153. That the State of Georgia, acting by and through its State Properties Commission, may grant to Snapping Shoals EMC, or its successors and assigns, a nonexclusive easement for the construction, operation, and maintenance of electrical transmission lines in, on, over, under, upon, across, or through the easement area for the purpose of constructing, installing, maintaining, repairing, replacing, inspecting, and operating electrical transmission 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 Ipcated in Land Lot 219 of the 1 Oth District of Newton County, Georgia, and is more particularly described as follows:
That portion and that portion only as shown marked in yellow on a two plats of survey marked Exhibit "A" of that certain Revocable License Agreement dated December 12,2000, 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.

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SECTION 154. That the above-described premises shall be used solely for the purpose of planning, constructing, installing, maintaining, repairing, replacing, inspecting, and operating said electrical transmission lines.
SECTION 155. That, after Snapping Shoals EMC has put into use the electrical transmission 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, Snapping Shoals EMC, 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 156. That no title shall be conveyed to Snapping Shoals EMC, and, except as herein specifically granted to Snapping Shoals EMC, all rights, title, and interest in and to said easement area are 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 Snapping Shoals EMC.
SECTION 157. 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 Snapping Shoals EMC 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 Snapping Shoals EMC. 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 158. That the easement granted to Snapping Shoals EMC shall contain such other reasonable terms, conditions, and covenants as the State Properties Commission shall deem in the best interest of the State of Georgia and that the State Properties

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Commission is authorized to use a more accurate description of the easement area, so long as the description utilized by the State Properties Commission describes the same easement area herein granted.
SECTION 159. 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 160. That this grant of easement shall be recorded by the grantee in the Superior Court of Newton County and a recorded copy shall be forwarded to the State Properties Commission.
SECTION 161. That the authorization in this resolution to grant the above-described easement to Snapping Shoals EMC shall expire three years after the date that this resolution becomes effective.
SECTION 162. 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 XV SECTION 163.
That the State of Georgia is the owner of the hereinafter described real property in Rockdale County and in the custody of the Department of Natural Resources, 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.
SECTION 164. That the State of Georgia, acting by and through its State Properties Commission, may grant to Level 3 Communications, LLC, 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 purpose of constructing, installing, maintaining, repairing, replacing, inspecting, and operating communications 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 in Land Lots 252,253, and 254 of the 11th District of Rockdale County, Georgia, and is more particularly described as follows:

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That portion and that portion only as shown marked in yellow on a two plats of survey entitled "Panola Mountain", dated October 18, 2000, prepared by David Morris Simpson, Georgia Registered Land Surveyor #1695, 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 165. That the above-described premises shall be used solely for the purpose of planning, constructing, installing, maintaining, repairing, replacing, inspecting, and operating said communications lines.
SECTION 166. That, after Level 3 Communications, LLC 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, Level 3 Communications, LLC, 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 167. That no title shall be conveyed to Level 3 Communications, LLC, and, except as herein specifically granted to Level 3 Communications, LLC, all rights, title, and interest in and to said easement area are 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 Level 3 Communications, LLC.
SECTION 168. That ifthe State ofGeorgia, 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 Level 3 Communications, LLC 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 Level 3 Communications, LLC. Upon written request, the State Properties

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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 169. That the easement granted to Level 3 Communications, LLC 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 170. 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 171. That this grant of easement shall be recorded by the grantee in the Superior Court of Rockdale County and a recorded copy shall be forwarded to the State Properties Commission.
SECTION 172. That the authorization in this resolution to grant the above-described easement to Level 3 Communications, LLC shall expire three years after the date that this resolution becomes effective.
SECTION 173. 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 XVI SECTION 174.
That the State of Georgia is the owner of the hereinafter described real property in Talbot County and in the custody of the Georgia Forestry Commission, 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.
SECTION 175. That the State of Georgia, acting by and through its State Properties Commission, may grant to Public Service Telephone Company of Reynolds, Georgia, or its successors and assigns, a nonexclusive easement for the construction, operation,

____________GEORGIA LAWS 2001 SESSION___________65
and maintenance of communications lines in, on, over, under, upon, across, or through the easement area for the purpose of constructing, installing, maintaining, repairing, replacing, inspecting, and operating communications 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 in Land Lot 203 of the 16th District of Talbot County, Georgia, and is more particularly described as follows:
That portion and that portion only as shown marked in yellow on a drawing prepared by Public Service Telephone Company of Reynolds, Georgia, prepared by S. Mason, and being work order #10553, 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 176. That the above-described premises shall be used solely for the purpose ofplanning, constructing, installing, maintaining, repairing, replacing, inspecting, and operating said communications lines.
SECTION 177. That, after Public Service Telephone Company of Reynolds, Georgia, 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. Public Service Telephone Company of Reynolds, Georgia, 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 178. That no title shall be conveyed to Public Service Telephone Company of Reynolds, Georgia, and, except as herein specifically granted to Public Service Telephone Company of Reynolds, Georgia, all rights, title, and interest in and to said easement area is reserved in the State of Georgia, which may make any use of said easement area not inconsistent with or detrimental to the rights, privileges, and interest granted to Public Service Telephone Company of Reynolds, Georgia.
SECTION 179. That ifthe State ofGeorgia, 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

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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 Public Service Telephone Company of Reynolds, Georgia, 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 Public Service Telephone Company of Reynolds, Georgia. 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 180. That the easement granted to Public Service Telephone Company of Reynolds, Georgia, shall contain such other reasonable terms, conditions, and covenants as the State Properties Commission shall deem in the best interest of the State of Georgia and that the State Properties Commission is authorized to use a more accurate description of the easement area, so long as the description utilized by the State Properties Commission describes the same easement area herein granted.
SECTION 181. 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 182. That this grant of easement shall be recorded by the grantee in the Superior Court of Talbot County and a recorded copy shall be forwarded to the State Properties Commission.
SECTION 183. That the authorization in this resolution to grant the above-described easement to Public Service Telephone Company of Reynolds, Georgia, shall expire three years after the date that this resolution becomes effective.
SECTION 184. 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.

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ARTICLE XVII SECTION 185.
That the State of Georgia is the owner of the hereinafter described real property in Tift County and in the custody of the Georgia Department of Defense, 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.
SECTION 186. 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 a telecommunications cabinet in, on, over, under, upon, across, or through the easement area for the purpose of constructing, installing, maintaining, repairing, replacing, inspecting, and operating a telecommunications cabinet 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 in Land Lot 356 of the 6th District of Tift County, Georgia, and is more particularly described as follows:
That portion and that portion only as shown marked in yellow on a plat of survey entitled "BellSouth Telecommunications", prepared by James R. McDougald, Georgia Registered Land Surveyor # 2702, dated December 4,2000, 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 187. That the above-described premises shall be used solely for the purpose of planning, constructing, installing, maintaining, repairing, replacing, inspecting, and operating said telecommunications cabinet.
SECTION 188. That, after BellSouth Telecommunications, Inc. has put into use the telecommunications cabinet 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, 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 189. That no title shall be conveyed to BellSouth Telecommunications, Inc., and, except as herein specifically granted to BellSouth Telecommunications, Inc., all rights,

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title, and interest in and to said easement area are 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 190. That ifthe State ofGeorgia, 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 ofthe State ofGeorgia, 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 191. 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 herein granted.
SECTION 192. 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 193. That this grant of easement shall be recorded by the grantee in the Superior Court of Tift County and a recorded copy shall be forwarded to the State Properties Commission.

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SECTION 194. 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 195. 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 XVIII SECTION 196.
That the State of Georgia is the owner of the hereinafter described real property in Toombs County and in the custody of the Department of Technical and Adult Education, 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.
SECTION 197. That the State of Georgia, acting by and through its State Properties Commission, may grant to the City of Vidalia, Toombs 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, 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 area is located in the 1823 GMD of Toombs County, Georgia, and is more particularly described as follows:
That portion and that portion only as shown marked in yellow on a plat of survey prepared by Paul S. Buchele, Georgia Registered Land Surveyor #2633, dated January 27, 2000, 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 198. That the above-described premises shall be used solely for the purpose of planning, constructing, installing, maintaining, repairing, replacing, inspecting, and operating said sanitary sewer lines.
SECTION 199. That, after the City of Vidalia, Toombs 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

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abandonment, the City of Vidalia, Toombs 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 200. That no title shall be conveyed to the City of Vidalia, Toombs County, and, except as herein specifically granted to the City of Vidalia, Toombs County, all rights, title, and interest in and to said easement area are 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 Vidalia, Toombs County.
SECTION 201. 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 Vidalia, Toombs 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 Vidalia, Toombs 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 202. That the easement granted to the City of Vidalia, Toombs County, shall contain such other reasonable terms, conditions, and covenants as the State Properties Commission shall deem in the best interest ofthe State ofGeorgia 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 203. 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.

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SECTION 204. That this grant of easement 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.
SECTION 205. That the authorization in this resolution to grant the above-described easement to the City of Vidalia, Toombs County, shall expire three years after the date that this resolution becomes effective.
SECTION 206. 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 XIX SECTION 207.
That the State of Georgia is the owner of the hereinafter described real property located in Glynn County and in the custody of the Department of Natural Resources, 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.
SECTION 208. That the State of Georgia, acting by and through its State Properties Commission, may grant to Braswell Services Group, Inc., or its successors and assigns, a nonexclusive easement for the construction, opeiation, and maintenance of a floating dry dock facility 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 floating dry dock facility 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 over river bottoms of the Brunswick River in Glynn County, Georgia, and is more particularly described as follows:
All that lot, tract or parcel of land located in the 26th G.M.D., Brunswick, Glynn County, Georgia containing 55.6 acres according to plat of survey prepared by James M. Sims, Georgia Registered Surveyor No. 2280 for Braswell Services Group, Inc., dated December 28, 2000, said property being more particularly described as follows: Beginning at the point which marks the intersection of the center line of the 60 foot right-of-way of Albany Street and the center line of the 30 foot right-of-way of Main Street, a/k/a Shipyard Drive and thence proceeding South 20 degrees 56 minutes 26 seconds West for a distance of 1321.5 feet to a point; thence turning and proceeding South 69 degrees 03 minutes 34 seconds East for a distance of 15 feet to a point; thence proceed South 20 degrees 56 minutes 26 seconds West for a distance of 1867.5 feet to a point; thence proceed

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South 86 degrees 54 minutes 56 seconds East for a distance of 83.67 feet to a point; thence proceed North 80 degrees 44 minutes 26 seconds East for a distance of 77.28 feet to a point; thence proceed North 85 degrees 05 minutes 24 seconds East for a distance of 120.64 feet to a point; which marks the Point or Place of Beginning of the easement area herein described; thence proceed North 85 degrees 07 minutes 59 seconds East for a distance of 15.23 feet; thence proceed South 65 degrees 48 minutes 30 seconds East for a distance of 121.13 feet; thence proceed South 68 degrees 37 minutes 34 seconds East for a distance of 119.92 feet to a point; thence proceed South 68 degrees 38 minutes 32 seconds East for a distance of 120.60 feet to a point; thence proceed South 71 degrees 29 minutes 38 seconds East for a distance of 119.82 feet to a point; thence proceed South 72 degrees 55 minutes 34 seconds East for a distance of 120.03 feet to a point; thence proceed South 78 degrees 36 minutes 26 seconds East for a distance of 121.13 feet to a point; thence proceed South 77 degrees 41 minutes 11 seconds East for a distance of 111.25 feet to a point; thence proceed South 42 degrees 56 minutes 06 seconds East for a distance of 106.68 feet to a point; thence proceed South 17 degrees 03 minutes 54 seconds West for a distance of 2485.00 feet, more or less to a point on the northern side of the Brunswick River Channel, said point is hereinafter referred to a Point "A"; thence return along the lines previously described to the Point of Beginning and proceeding South 20 degrees 56 minutes 26 seconds West for a distance of 2170.00 feet, more or less to a point along the northern line of the East River Channel; thence proceeding in an easterly direction along the northern boundary of the East River Channel and the Brunswick River Channel to the point previously described as Point "A"; 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 209. That the above-described premises shall be used solely for the purpose of planning, constructing, erecting, installing, maintaining, repairing, replacing, inspecting, and operating said floating dry dock facility.
SECTION 210. That Braswell Services Group, 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 floating dry dock facility.
SECTION 211. That, after Braswell Services Group, Inc. has put into use the floating dry dock facility 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, Braswell Services Group, Inc., or its successors and assigns, shall

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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 212. That no title shall be conveyed to Braswell Services Group, Inc., and, except as herein specifically granted to Braswell Services Group, Inc., all rights, title, and interest in and to said easement area are 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 Braswell Services Group, Inc.
SECTION 213. That ifthe State ofGeorgia, 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 Braswell Services Group, 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 Braswell Services Group, 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 214. That the easement granted to Braswell Services Group, 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 215. 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.

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SECTION 216. That this grant of easement shall be recorded by the grantee in the Superior Court of Glynn County and a recorded copy shall be forwarded to the State Properties Commission.
SECTION 217. That the authorization in this resolution to grant the above-described easement to Braswell Services Group, Inc. shall expire three years after the date that this resolution becomes effective.
SECTION 218. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect the grant of the easement area.
ARTICLE XX SECTION 219.
That the State of Georgia is the owner of the hereinafter described real property in White County and in the custody of the Department of Natural Resources, 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.
SECTION 220. That the State of Georgia, acting by and through its State Properties Commission, may grant to James F. Good and Ruth Krug Goode, or their successors and assigns, a nonexclusive easement for the construction, operation, and maintenance of ingress and egress in, on, over, under, upon, across, or through the easement area for the purpose of constructing, installing, maintaining, repairing, replacing, inspecting, and operating 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 area is located in Land Lot 90 of the 3rd District of White County, Georgia, and is more particularly described as follows:
That portion and that portion only as shown marked in yellow on a plat of survey prepared by Roy A. Terrell, Georgia Registered Land Surveyor #1700, dated August 30, 1994, 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 221. That the above-described premises shall be used solely for the purpose of planning, constructing, installing, maintaining, repairing, replacing, inspecting, and operating said ingress and egress.

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SECTION 222. That, after James F. Goode and Ruth Krug Goode 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, James F. Goode and Ruth Krug Goode, 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 223. That no title shall be conveyed to James F. Goode and Ruth Krug Goode, and, except as herein specifically granted to James F. Goode and Ruth Krug Goode, all rights, title, and interest in and to said easement area are 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 James F. Goode and Ruth Krug Goode.
SECTION 224. 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 James F. Goode and Ruth Krug Goode 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 and expense, not to exceed by 20 percent the amount of a written estimate provided by James F. Goode and Ruth Krug Goode. 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 225. That the easement granted to James F. Goode and Ruth Krug Goode shall contain such other reasonable terms, conditions, and covenants as the State Properties Commission shall deem in the best interest ofthe State ofGeorgia and that the State Properties Commission is authorized to use a more accurate description of the easement area, so long as the description utilized by the State Properties Commission describes the same easement area herein granted.

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SECTION 226. That the consideration for such easement shall be $1,000.00 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 227. That this grant of easement shall be recorded by the grantee in the Superior Court of White County and a recorded copy shall be forwarded to the State Properties Commission.
SECTION 228. That the authorization in this resolution to grant the above-described easement to James F. Goode and Ruth Krug Goode shall expire three years after the date that this resolution becomes effective.
SECTION 229. 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 XXI SECTION 230.
That all laws and parts of laws in conflict with this resolution are repealed.
Approved March 22, 2001.
EDUCATION - GEORGIA HIGHER EDUCATION SAVINGS PLAN.
Code Title 20, Chapter 3, Article 11 Enacted. Code Section 48-7-27 Amended. Code Section 50-13-2 Amended.
No. 15 (House Bill No. 417).
AN ACT
To amend Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to postsecondary education, so as to provide for the Georgia Higher Education Savings Plan; to provide a short title; to provide for legislative intent; to define certain terms; to provide for a board of directors of the plan and its membership, powers, duties, and administration; to provide for a program of savings trust agreements and savings trust accounts; to provide for a trust fund and the

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administration thereof; to provide for investment and management of trust funds; to provide a tax exemption; to provide for account statements; to deny certain promises or guarantees; to provide for effect of account deposits on eligibility for certain financial aid; to provide for confidentiality and nondisclosure of certain records; to amend Code Section 48-7-27 of the Official Code of Georgia Annotated, relating to computation of taxable net income, so as to provide for certain deductions related to contributions to savings trust accounts; to provide for tax treatment of withdrawals from savings trust accounts; to amend Code Section 50-13-2 of the Official Code of Georgia Annotated, relating to the definitions for purposes ofthe Georgia Administrative Procedure Act, so as to exclude the Georgia Higher Education Savings Plan from the meaning of "agency"; 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 3 of Title 20 of the Official Code of Georgia Annotated, relating to postsecondary education, is amended by adding a new Article 11 to read as follows:
'ARTICLE 11
20-3-630. This article shall be known and may be cited as the 'Georgia Higher Education Savings Plan Act.'
20-2-631. The purposes of this article are to:
(1) Provide a program of savings trust agreements to apply distributions toward qualified higher education expenses at eligible educational institutions, as defined in Section 529 of the Internal Revenue Code or other applicable federal law; (2) Provide for the creation of the Georgia Higher Education Savings Plan, as an instrumentality of the State of Georgia, to assist qualified students in financing costs of attending institutions of higher education; (3) Encourage timely financial planning for higher education by the creation of savings trust accounts; (4) Provide a savings program for those persons who wish to save to meet postsecondary educational needs, including postgraduate educational needs; and (5) Attract students to institutions of higher education within the state.
20-3-632. As used in this article, the term:

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(1) 'Account contributor' means a resident or nonresident person, corporation, trust, charitable organization, or other entity which contributes to or invests money in a savings trust account under the program on behalf of a beneficiary. For resident or nonresident persons, the account contributor may also be the designated beneficiary of the account. (2) 'Beneficiary' means a resident or nonresident beneficiary of a savings trust agreement who meets the requirements of Section 529 of the Internal Revenue Code of 1986 or other applicable federal law and any regulations established by the board. (3) 'Board' means the Board of Directors of the Georgia Higher Education Savings Plan. (4) 'Director' means the director of the Office of Treasury and Fiscal Services. (5) 'Financial organization' means an organization which is:
(A) A fiduciary authorized to act as a trustee pursuant to the provisions of the federal Employee Retirement Income Security Act of 1974, as amended, or an insurance company or affiliate; and
(B)(i) Licensed or chartered by the Insurance Department; (ii) Licensed or chartered by the Department of Banking and Finance; (iii) Chartered by an agency of the federal government; (iv) Subject to the jurisdiction and regulation of the federal Securities and Exchange Commission; (v) Is any other entity otherwise authorized to act in this state as a trustee pursuant to the provisions of the federal Employee Retirement Income Security Act of 1974, as amended; or (vi) Any investment advisor registered with the United States Securities and Exchange Commission pursuant to the Investment Advisers Act of 1940. (6) 'Institution of higher education' means an eligible educational institution as defined in Section 529 of the Internal Revenue Code of 1986 or other applicable federal law. (7) 'Internal Revenue Code' or 'Internal Revenue Code of 1986' has the meaning provided by Code Section 48-1-2. (8) 'Plan' means the Georgia Higher Education Savings Plan established under this article. (9) 'Program' means the program of savings trust agreements and savings trust accounts provided by the plan. (10) 'Qualified higher education expense' means any higher education expense as defined in Section 529 of the Internal Revenue Code of 1986 or other applicable federal law. (11) 'Qualified withdrawal' means a withdrawal by an account contributor or beneficiary for qualified higher education expenses or as otherwise permitted under Section 529 of the Internal Revenue Code of 1986 without a penalty required under the Internal Revenue Code. (12) 'Savings trust account' means an account established by an account contributor pursuant to this article on behalf of a beneficiary in order to apply

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distributions from the account toward qualified higher education expenses at eligible educational institutions as defined in Section 529 of the Internal Revenue Code of 1986 or other applicable federal law. (13) 'Savings trust agreement' means the agreement entered into between the board and the account contributor establishing a savings trust account. (14) Trust fund' means the Georgia Higher Education Savings Plan Trust Fund.
20-3-633. (a)(l) There is created the Georgia Higher Education Savings Plan, as a body corporate and politic and an instrumentality of the state, for purposes of establishing and maintaining the Georgia Higher Education Savings Plan Trust Fund provided by this article. The plan shall be governed by a board of directors consisting of the Governor as chairperson, the Chancellor of the Board of Regents of the University System of Georgia, the commissioner of Adult and Technical Education, the executive director of the Georgia Student Finance Commission, the state auditor, the director of the Office of Planning and Budget, the state revenue commissioner, three directors who shall be appointed by and serve at the pleasure of the Governor, and the director of the Office of Treasury and Fiscal Services who shall act as administrative officer of the board. A majority of the board shall constitute a quorum, and the acts of the majority shall be the acts of the board. (2) Members of the board who are state officials or employees shall receive no compensation for their service on the board but may be reimbursed for expenses incurred by them in the performance of their duties as members of the board. Any members of the board 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 for each day such member is in attendance at a meeting of the board. Expense allowances and other costs authorized in this paragraph shall be paid from moneys in the trust fund.
(b) The board shall have the authority necessary or convenient to carry out the purposes and provisions ofthis article and the purposes and objectives ofthe trust fund, including, but not limited to, the authority to:
(1) Have a seal and alter the same at its pleasure; bring and defend actions; make, execute, and deliver contracts, conveyances, and other instruments necessary or convenient to the exercise of its powers; and make and amend bylaws; (2) Adopt such rules and regulations as are necessary to implement this article, subject to applicable federal laws and regulations, including rules regarding transfers of funds between accounts established under savings trust agreements; (3) Contract for necessary goods and services, employ necessary personnel, and engage the services of consultants and other qualified persons and entities for administrative and technical assistance in carrying out the responsibilities of the trust fund under terms and conditions that the board deems reasonable;

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and any and all state departments or agencies are authorized to contract with the board, and the board is authorized to contract with such departments or agencies, upon such terms, for such consideration, and for such purposes as they deem advisable; (4) Solicit and accept gifts, including bequests or other testamentary gifts made by will, trust, or other disposition grants, loans, and other aids from any personal source or participate in any other way in any federal, state, or local governmental program in carrying out the purposes of this article; (5) Define the terms and conditions under which payments may be withdrawn or refunded from the trust fund established under this article and impose reasonable charges for a withdrawal or refund; (6) Impose reasonable time limits on the use of savings trust account distributions provided by the program; (7) Regulate the receipt of contributions or payments to the trust fund; (8) Require and collect fees and charges to cover the reasonable costs of administering savings trust accounts and impose a 10 percent penalty on the earnings portion included within a withdrawal of funds for nonqualified higher educational expenses or for entering into a savings trust agreement on a fraudulent basis; (9) Procure insurance against any loss in connection with the property, assets, and activities of the trust fund or the plan; (10) Require that account contributors of savings trust agreements verify in writing, before a person authorized to administer oaths, any requests for contract conversions, substitutions, transfers, cancellations, refund requests, or contract changes of any nature; (11) Solicit proposals and contract for the marketing of the program, provided that any materials produced by a marketing contractor for the purpose of marketing the program must be approved by the board before being made available to the public, unless otherwise directed by the board; (12) Delegate responsibility for administration of the comprehensive investment plan to a financial organization that the board determines is qualified; (13) Make all necessary and appropriate arrangements with colleges and universities or other entities in order to fulfill its obligations under savings trust agreements; (14) Establish other policies, procedures, and criteria and perform such other acts as necessary or appropriate to implement and administer this article; and (15) Authorize the director of the Office of Treasury and Fiscal Services to carry out any or all of the powers and duties enumerated in this subsection for efficient and effective administration of the plan, program, and trust fund. (c) The plan is assigned to the Department of Administrative Services for administrative purposes only.

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20-3-634. (a) The plan shall make savings trust agreements available to the public, under which account contributors or other payers may make contributions on behalf of qualified beneficiaries. Contributions and investment earnings on the contributions may be used for any qualified higher educational expenses of a designated beneficiary. The state shall not guarantee that such contributions, together with the investment return on such contributions, if any, will be adequate to pay for qualified education expenses in full. Savings trust agreements shall be available to both residents of the State of Georgia and nonresidents of the State of Georgia. One or more savings trust accounts may be established for any qualified beneficiary, subject to the limitations of this article. (b) Each savings trust agreement made pursuant to this article shall include the following terms and provisions:
(1) The maximum and minimum contribution allowed on behalf of each beneficiary for the payment of qualified higher education expenses at eligible institutions as defined in Section 529 of the Internal Revenue Code of 1986 or other applicable federal law; provided, however, that the total of annual contributions for all accounts for any beneficiary shall not exceed $8,000.00, except that an additional annual sum of $8,000.00 for all accounts for any beneficiary age ten years old or older may be contributed during the first three years in which savings trust agreements are made available by the board to the public. Total savings trust account contributions for all accounts for any beneficiary shall not exceed $120,000.00; (2) Provisions for assessment and collection of reasonable fees which shall be charged to cover the administration of the account; (3) Provisions for withdrawals, refunds, rollovers, transfers, and any penalties. An account contributor may roll over all or part of any balance in an account to an account established on behalf of a different beneficiary to the extent allowed by Section 529 of the Internal Revenue Code. Unqualified withdrawals of contributions and earnings shall be subject to a 10 percent penalty on included earnings, and penalties shall be used by the plan to defray expenses; provided, however, that no such penalty shall apply to any withdrawal made following the death of the beneficiary. Contributions and earnings shall not be eligible for qualified withdrawal until three years from the date of establishment of the account; (4) The name, address, and date of birth of the beneficiary on whose behalf the savings trust account is opened; (5) Terms and conditions for a substitution of the beneficiary originally named; (6) Terms and conditions for termination of the account, including any refunds, withdrawals, or transfers, applicable penalties, and the name of the person or persons entitled to terminate the account; (7) All other rights and obligations of the account contributor and the trust fund; and

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(8) Any other terms and conditions that the board deems necessary or appropriate, including without limitation those necessary to conform the savings trust account with the requirements of Section 529 of the Internal Revenue Code of 1986 or other applicable federal law.
20-3-635. (a)( 1) There is created the Georgia Higher Education Savings Plan Trust Fund as a separate fund in the state treasury. The trust fund shall be administered by the director. The director shall credit to the trust fund all amounts transferred to such fund. The trust fund shall consist of money remitted in accordance with savings trust agreements and any moneys acquired from other governmental or private sources, and shall receive and hold all payments, contributions, and deposits intended for it as well as gifts, bequests, or endowments; grants; any other public or private source of funds; and all earnings on the fund until disbursed as provided under this Code section. The amounts on deposit in the trust fund shall not constitute property of the state. Amounts on deposit in the trust fund shall not be commingled with state funds, and the state shall have no claim to or interest in such funds other than the amount of reasonable fees and charges assessed to cover administration costs. Savings trust agreements or any other contract entered into by or on behalf of the trust fund shall not constitute a debt or obligation of the state, and no account contributor shall be entitled to any amounts except for those amounts on deposit in or accrued to the account of such contributor. (2) The trust fund shall continue in existence so long as it holds any funds belonging to an account contributor or otherwise has any obligations to any person or entity until its existence is terminated by law and remaining assets on deposit in the trust fund are returned to account contributors or transferred to the state in accordance with unclaimed property laws. (b)(l) The following three separate accounts are created within the trust fund: (A) The administrative account; (B) The endowment account; and (C) The program account. (2) The administrative account shall accept, deposit, and disburse funds forthe purpose of administering and marketing the program. The endowment account shall receive and deposit accounts received in connection with the sales of interests in the trust fund, other than amounts for the administrative account and other than amounts received pursuant to a savings trust agreement. Amounts on deposit in the endowment account may be applied as specified by the board for any purpose related to the program. The program account shall receive, invest, and disburse amounts pursuant to savings trust agreements.
(c) The official location of the trust fund shall be the Office of Treasury and Fiscal Services, and the facilities of the Office of Treasury and Fiscal Services shall be used and employed in the administration of the fund, including without limitation the keeping of records, the management of bank accounts and other investments, the transfer of funds, and the safekeeping of securities evidencing

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investments. These functions may be administered pursuant to a management agreement with a qualified entity or entities. (d) Payments received by the board on behalf of beneficiaries from account contributors, other payors, or from any other source, public or private, shall be placed in the trust fund, and the board shall cause there to be maintained separate records and accounts for individual beneficiaries as may be required under Section 529 of the Internal Revenue Code of 1986 or other applicable federal law. (e) Account contributors shall be permitted only to contribute cash or any other form ofpayment or contribution as is permitted under Section 529 ofthe Internal Revenue Code of 1986 and approved by the board. The board shall cause the program to maintain adequate safeguards against contributions in excess of what may be required for qualified higher education expenses. The trust fund, through the director, may receive and deposit into the trust fund any gift of any nature, real or personal property, made by an individual by testamentary disposition, including without limitation any specific gift or bequest made by will, trust, or other disposition to the extent permitted under Section 529 of the Internal Revenue Code of 1986. The trust fund may receive amounts transferred under Article 5 of Chapter 5 of Title 44, The Georgia Transfers to Minors Act'; under the Uniform Transfers to Minors Act, Uniform Gift to Minors Act, or other substantially similar act of another state, subject to the provisions of subsection (c) of Code Section 44-5-112; or from some other account established for the benefit of a minor if the trust beneficiary of such an account is identified as the legal owner of the trust fund account upon attaining majority age. (f) Earnings derived from investment of the contributions shall be considered to be held in trust in the same manner as contributions, except as applied for purposes of the designated beneficiary and for purposes of maintaining and administering the program as provided in this article. Amounts on deposit in an account contributor's account shall be available for administrative fees and expenses and penalties imposed by the board for the plan as disclosed in the savings trust agreement. (g) The assets of the trust fund shall be preserved, invested, and expended solely pursuant to and for the purposes of this article and shall not be loaned or otherwise transferred or used by the state for any other purpose.
20-3-636. The trust fund property and income shall be subject to taxation by the state only as provided by Code Section 48-7-27 and shall not be subject to taxation by any of the state's political subdivisions.
20-3-637. (a) The board shall have authority to establish a comprehensive investment plan for the purposes of this article and to invest any funds of the trust fund through the director. The director shall invest the trust fund moneys pursuant to an investment policy adopted by the board. Notwithstanding any state law to the

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contrary, the board, through the director, shall invest or cause to be invested amounts on deposit in the trust fund, including the program account, in a manner reasonable and appropriate to achieve the objectives of the plan, exercising the discretion and care of a prudent person in similar circumstances with similar objectives. The board shall give due consideration to the risk of, expected rate of return of, term or maturity of, diversification of total investments of, liquidity of, and anticipated investments in and withdrawals from the trust fund. (b) All contractors, vendors, or other service providers, including, but not limited to, financial organizations, investments, and investment options shall be selected by competitive solicitation, unless otherwise directed by the board. (c) All investments shall be marked clearly to indicate ownership by the plan and, to the extent possible, shall be registered in the name of the plan. (d) Subject to the terms, conditions, limitations, and restrictions set forth in this Code section, the board may sell, assign, transfer, and dispose of any of the securities and investments of the plan if the sale, assignment, or transfer has the majority approval of the entire board. The board may employ or contract with financial organizations, investment managers, evaluation services, or other such services as determined by the board to be necessary for the effective and efficient operation of the program. (e) Members and employees of the board shall be subject to the provisions of Chapter 10 of Title 45, relating to codes of ethics and conflicts of interest. (f) The board shall establish criteria for financial organizations, investment managers, mutual funds, or other such entities to act as contractors or consultants to the board. The board may contract, either directly or through such contractors or consultants, to provide such services as may be a part of the comprehensive investment plan or as may be deemed necessary or proper by the board, including without limitation providing consolidated billing, individual and collective record keeping and accounting, and asset purchase, control, and safekeeping. (g) No account contributor or beneficiary shall directly or indirectly direct the investment of any account except as may be permitted under Section 529 of the Internal Revenue Code of 1986 or other applicable federal law. (h) The board may approve different investment plans and options to be offered to participants to the extent permitted under Section 529 of the Internal Revenue Code of 1986 or other applicable federal law and consistent with the objectives of this article, and the board may require the assistance of investment counseling before participation in different options.
20-3-638. (a) The board shall furnish, subject to reasonable administrative fees and charges, to each account contributor an annual statement of the following:
(1) The amount contributed by the account contributor under the savings trust agreement; (2) The annual earnings and accumulated earnings on the savings trust account; and

____________GEORGIA LAWS 2001 SESSION____________85
(3) Any other terms and conditions that the board deems by rule are necessary or appropriate, including without limitation those necessary to conform the savings trust account with the requirements of Section 529 of the Internal Revenue Code of 1986 or other applicable federal law. (b) The board shall furnish an additional statement complying with subsection (a) of this Code section to an account contributor or beneficiary on written request. The board may charge a reasonable fee for each statement furnished under this subsection. (c) The board shall prepare or cause to be prepared an annual report setting forth in appropriate detail an accounting of the funds and a description of the financial condition of the plan at the close of each fiscal year. Such report shall be submitted to the Governor, the President of the Senate, and the Speaker of the House of Representatives. In addition, the board shall make the report available to account contributors of savings trust agreements. The accounts of the trust fund shall be subject to annual audits by the state auditor or his or her designee.
20-3-639. This article is not a promise or guarantee that any beneficiary will be:
(1) Admitted to any institution of higher education; (2) Admitted to a particular institution of higher education after admission; (3) Allowed to continue enrollment at an institution of higher education; or (4) Graduated from an institution of higher education.
20-3-640. Nothing in this article or in any savings trust agreement entered into pursuant to this article shall be construed as a promise or guarantee by the state or any agency or instrumentality of the state that either qualified higher education expenses in general or any specific qualified higher education expense shall be covered in full by contributions or earnings on any savings trust account. Savings trust accounts and agreements entered into pursuant to this article are not guaranteed by the full faith and credit of the State of Georgia.
20-3-641. Notwithstanding any state law to the contrary, no moneys on deposit in any savings trust account shall be considered an asset of the parent, guardian, or student for purposes of determining an individual's eligibility for a need based grant, need based scholarship, or need based work opportunity offered or administered by any state agency except as may be required by the funding source of such financial aid.
20-3-642. (a) The provisions of Article 4 of Chapter 18 of Title 50 notwithstanding, the following records, or portions thereof, shall not constitute public records and shall not be open to inspection by the general public:

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(1) Completed savings trust account applications, executed savings trust account agreements, and savings trust account numbers; (2) All wiring or automated clearing house transfer of funds instructions; (3) Records of savings trust account transactions and savings trust account analysis statements received or prepared by or for the plan; (4) All bank account numbers in the possession of the plan and any record or document containing such numbers; (5) All proprietary computer software in the possession or under the control of the plan; and (6) All security codes and procedures related to physical, electronic, or other access to any savings trust account or the trust fund, its systems, and its software. (b) For a period from the date of creation of the record until the end of the calendar quarter in which the record is created, the following records, or portions thereof, of the trust fund shall not constitute public records and shall not be open to inspection by the general public: (1) Investment trade tickets; and (2) Bank statements. (c) The restrictions of subsections (a) and (b) of this Code section shall not apply to access: (1) Required by subpoena or other legal process of a court or administrative agency having competent jurisdiction in legal proceedings where the State of Georgia or the plan is a party; (2) In prosecutions or other court actions to which the State of Georgia or the plan is a party; (3) Given to federal or state regulatory or law enforcement agencies; (4) Given to any person or entity in connection with a savings trust account to which such person or entity is an account contributor or given to any person in connection with a savings trust account of which such person is a beneficiary; or (5) Given to the board or any member, employee, or contractor thereof for use and public disclosure in the ordinary performance of its duties pursuant to this chapter."
SECTION 2. Code Section 48-7-27 of the Official Code of Georgia Annotated, relating to computation of taxable net income, is amended in subsection (a) by striking "and" at the end of paragraph (9), striking the period and inserting in lieu thereof"; and" at the end of paragraph (10), and adding a new paragraph (11) to read as follows:
"(11) For taxable years beginning on or after January 1,2002, an amount equal to the amount of contributions by parents or guardians to a savings trust account established pursuant to Article 11 of Chapter 3 of Title 20 on behalf of a designated beneficiary who is claimed as a dependent on the Georgia tax return of the beneficiary's parents or guardians, but not exceeding $2,000.00 per beneficiary. If the parents or guardians file separate or single returns, the

_____________GEORGIA LAWS 2001 SESSION___________87
sum of contributions constituting deductions on their returns under this paragraph shall not exceed $2,000.00 per beneficiary. To claim the deduction, the taxpayer's federal return must show itemized deductions from adjusted gross income, and the federal adjusted gross income cannot exceed $ 100,000.00 for a joint return or $50,000.00 for a separate or single return; the maximum deduction authorized by this paragraph for each beneficiary shall decrease by $400.00 for each $ 1,000.00 of federal adjusted gross income over the applicable limit. For purposes of this paragraph, contributions or payments for any such taxable year may be made during or after such calendar year but before the deadline for making contributions to an individual retirement account under federal law for such taxable year."
SECTION 3. Said Code section is further amended in subsection (b) by adding a new paragraph (10) to read as follows:
"(10)(A) For taxable years beginning on or after January 1, 2002, the amount of any qualified withdrawals from a savings trust account under Article 11 of Chapter 3 of Title 20 used solely for qualified higher education expenses shall not be subject to state income tax under this chapter. (B) For unqualified withdrawals from such a savings trust account, the proportion of earnings in the account balance at the time of the withdrawal shall be applied to the total funds withdrawn to determine the earnings portion to be included in the account contributor's taxable net income in the year of withdrawal. The proportion of the contributions in an account balance at the time of an unqualified withdrawal which previously have been used to reduce taxable net income pursuant to paragraph (11) of subsection (a) of this Code section shall be applied to the nonearnings portion of the total funds withdrawn to determine an amount to be included in the account contributor's taxable net income in the same taxable year."
SECTION 4. Code Section 50-13-2 of the Official Code of Georgia Annotated, relating to definitions for purposes of the Georgia Administrative Procedure Act, is amended by striking paragraph (1) and inserting in lieu thereof the following:
"(1) 'Agency' means each state board, bureau, commission, department, activity, or officer authorized by law expressly to make rules and regulations or to determine contested cases, except the General Assembly; the judiciary; the Governor; the State Board of Pardons and Paroles; the State Financing and Investment Commission; the State Properties Commission; the Board of Bar Examiners; the Board of Corrections and its penal institutions; the State Board of Workers' Compensation; all public authorities; the State Personnel Board (Merit System); the Department of Administrative Services or commissioner of administrative services; the Department of Technical and Adult Education; the Department of Revenue when conducting hearings relating to alcoholic beverages; the Georgia Tobacco Community Development Board; the Georgia

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Higher Education Savings Plan; 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.*
SECTION 5. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 6. All laws and parts of laws in conflict with this Act are repealed.
Approved March 23, 2001.
APPEAL AND ERROR - APPELLATE COURTS; DIRECT APPEALS; DISCRETIONARY APPEALS.
Code Section 5-6-34 Amended.
No. 17 (House Bill No. 810).
AN ACT
To amend Chapter 6 of Title 5 of the Official Code of Georgia Annotated, relating to certiorari and appeals to appellate courts generally, so as to change certain provisions relating to judgments and rulings deemed directly appealable, procedure for review of judgments, orders, or decisions not subject to direct appeal, scope of review, and hearings in criminal cases involving a capital offense for which death penalty is sought; 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:

_____________GEORGIA LAWS 2001 SESSION____________89
SECTION 1. Chapter 6 of Title 5 of the Official Code of Georgia Annotated, relating to certiorari and appeals to appellate courts generally, is amended by striking Code Section 5-6-34, relating to judgments and rulings deemed directly appealable, procedure for review of judgments, orders, or decisions not subject to direct appeal, scope of review, and hearings in criminal cases involving a capital offense for which death penalty is sought, and inserting in lieu thereof the following:
'5-6-34.
(a) Appeals may be taken to the Supreme Court and the Court of Appeals from the following judgments and rulings of the superior courts, the constitutional city courts, and such other courts or tribunals from which appeals are authorized by the Constitution and laws of this state:
(1) All final judgments, that is to say, where the case is no longer pending in the court below, except as provided in Code Section 5-6-35; (2) All judgments involving applications for discharge in bail trover and contempt cases; (3) All judgments or orders directing that an accounting be had; (4) All judgments or orders granting or refusing applications for receivers or for interlocutory or final injunctions; (5) All judgments or orders granting or refusing applications for attachment against fraudulent debtors; (5.1) Any ruling on a motion which would be dispositive if granted with respect to a defense that the action is barred by Code Section 16-11-184; (6) All judgments or orders granting or refusing to grant mandamus or any other extraordinary remedy, except with respect to temporary restraining orders; (7) All judgments or orders refusing applications for dissolution of corporations created by the superior courts; and (8) All judgments or orders sustaining motions to dismiss a caveat to the probate of a will. (b) Where the trial judge in rendering an order, decision, or judgment, not otherwise subject to direct appeal, certifies within ten days of entry thereof that the order, decision, or judgment is of such importance to the case that immediate review should be had, the Supreme Court or the Court of Appeals may thereupon, in their respective discretions, permit an appeal to be taken from the order, decision, or judgment if application is made thereto within ten days after such certificate is granted. The application shall be in the nature of a petition and shall set forth the need for such an appeal and the issue or issues involved therein. The applicant may, at his or her election, include copies of such parts of the record as he or she deems appropriate, but no certification of such copies by the clerk of the trial court shall be necessary. The application shall be filed with the clerk of the Supreme Court or the Court of Appeals and a copy of the application, together with a list ofthose parts ofthe record included with the application, shall be served upon the opposing party or parties in the case in the manner prescribed by Code Section 5-6-32, except that such service shall be perfected at or before

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the filing of the application. The opposing party or parties shall have ten days from the date on which the application is filed in which to file a response. The response may be accompanied by copies of the record in the same manner as is allowed with the application. The Supreme Court or the Court of Appeals shall issue an order granting or denying such an appeal within 45 days of the date on which the application was filed. Within ten days after an order is issued granting the appeal, the applicant, to secure a review of the issues, may file a notice of appeal as provided in Code Section 5-6-37. The notice of appeal shall act as a supersedeas as provided in Code Section 5-6-46 and the procedure thereafter shall be the same as in an appeal from a final judgment. (c) In criminal cases involving a capital offense for which the death penalty is sought, a hearing shall be held as provided in Code Section 17-10-35.2 to determine if there shall be a review of pretrial proceedings by the Supreme Court prior to a trial before a jury. Review of pretrial proceedings, if ordered by the trial court, shall be exclusively as provided by Code Section 17-10-35.1 and no certificate of immediate review shall be necessary. (d) Where an appeal is taken under any provision of subsection (a), (b), or (c) of this Code section, all judgments, rulings, or orders rendered in the case which are raised on appeal and which may affect the proceedings below shall be reviewed and determined by the appellate court, without regard to the appealability of the judgment, ruling, or order standing alone and without regard to whether the judgment, ruling, or order appealed from was final or was appealable by some other express provision of law contained in this Code section, or elsewhere. For purposes of review by the appellate court, one or more judgments, rulings, or orders by the trial court held to be erroneous on appeal shall not be deemed to have rendered all subsequent proceedings nugatory; but the appellate court shall in all cases review all judgments, rulings, or orders raised on appeal which may affect the proceedings below and which were rendered subsequent to the first judgment, ruling, or order held erroneous. Nothing in this subsection shall require the appellate court to pass upon questions which are rendered moot."
SECTION 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 3. This Act shall apply to any case pending on or brought after the effective date of this Act; and, for purposes of taking an appeal pursuant to the provisions of paragraph (5.1) of subsection (a) of Code Section 5-6-34 as enacted by this Act, any ruling actually entered before the effective date of this Act in any case which is pending on the effective date of this Act shall be deemed to have been entered on the effective date of this Act.

_____________GEORGIA LAWS 2001 SESSION____________9J.
SECTION 4. All laws and parts of laws in conflict with this Act are repealed.
Approved March 23, 2001.
INSURANCE - HEALTH; OVARIAN CANCER SCREENING TEST COVERAGE.
Code Section 33-24-56.2 Enacted.
No. 18 (Senate Bill No. 98).
AN ACT
To amend Article 1 of Chapter 24 of Title 33 of the Official Code of Georgia Annotated, relating to general provisions regarding insurance generally, so as to require health benefit policy coverage for surveillance tests for women at risk for ovarian cancer; to require certain physicians to provide information regarding surveillance tests to certain patients; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Article 1 of Chapter 24 of Title 33 of the Official Code of Georgia Annotated, relating to general provisions regarding insurance generally, is amended by adding after Code Section 33-24-56.1 a new Code section to read as follows:
"33-24-56.2 (a) As used in this Code section, the term:
(1) 'At risk for ovarian cancer' means: (A) Having a family history: (i) With one or more first or second-degree relatives with ovarian cancer; (ii) Of clusters of women relatives with breast cancer; (iii) Of nonpolyposis colorectal cancer; or (B) Testing positive for BRCA1 or BRCA2 mutations.
(2) 'Health benefit policy' means any individual or group plan, policy, or contract for health care services issued, delivered, issued for delivery, executed, or renewed in this state, including but not limited to those contracts executed by the State of Georgia on behalf of state employees under Article 1 of Chapter 18 of Title 45, by an insurer. (3) 'Insurer' means an accident and sickness insurer, fraternal benefit society, hospital service corporation, medical service corporation, health care corporation, health maintenance organization, preferred provider organization,

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provider sponsored health care corporation, managed care entity, or any similar entity authorized to issue contracts under this title or to provide health benefit policies. (4) 'Surveillance tests' means annual screening using :
(A) CA-125 serum tumor marker testing; (B) Transvaginal ultrasound; and (C) Pelvic examination. (b) Every health benefit policy that is delivered, issued, issued for delivery, executed, or renewed in this state or approved for issuance or renewal in this state by the Commissioner on or after July 1, 2001, shall provide coverage for surveillance tests for women age 35 and over at risk for ovarian cancer. (c) The benefits provided in this Code section shall be subject to the same annual deductibles or coinsurance established for all other covered benefits within a given health benefit policy. (d) A physician who assesses a patient for ovarian cancer and such patient is at risk for ovarian cancer is encouraged to advise such patient of the availability of surveillance tests in accordance with the practices of the profession generally under similar conditions and like surrounding circumstances.'
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.
Approved March 26, 2001.
CRIMES AND OFFENSES - SEXUAL OFFENSES; CHILD SEXUAL COMMERCE.
Code Title 16, Chapter 6 Amended.
No. 19 (Senate Bill No. 33).
AN ACT
To amend Chapter 6 of Title 16 of the Official Code of Georgia Annotated, relating to sexual offenses, so as to provide for the "Child Sexual Commerce Prevention Act of 2001"; to provide for legislative intent; to change the definition of the offense of prostitution; to change certain penalty provisions applicable to the offenses of pimping and pandering when such offenses under certain circumstances involve persons under the age of 18 years; to change the definition of the offense of pandering by compulsion; to change penalties relating to solicitation of sodomy; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

_____________GEORGIA LAWS 2001 SESSION____________93
SECTION 1. This Act shall be known and may be cited as the "Child Sexual Commerce Prevention Act of 2001."
SECTION 2. The General Assembly acknowledges that children are increasingly induced, coerced, or compelled to perform sexual acts for the financial benefit of third parties. The General Assembly enacts this law to express its abhorrence for these practices and to better protect children from sexual exploitation.
SECTIONS. Chapter 6 of Title 16 of the Official Code of Georgia Annotated, relating to sexual offenses, is amended by striking in its entirety Code Section 16-6-9, relating to the offense of prostitution, and inserting in lieu thereof a new Code Section 16-6-9 to read as follows:
'16-6-9. A person commits the offense of prostitution when he or she performs or offers or consents to perform a sexual act, including but not limited to sexual intercourse or sodomy, for money or other items of value."
SECTION 4. Said chapter is further amended by striking in its entirety subsection (b) of Code Section 16-6-13, relating to penalties for violating Code Sections 16-6-9 through 16-6-12, and inserting in lieu thereof a new subsection (b) to read as follows:
"(b) A person convicted of pimping or pandering when such offense involves the pimping for or the solicitation of a person under the age of 18 years to perform an act of prostitution or the assembly of two or more persons under the age of 18 years at a fixed place for the purpose of being solicited by others to perform an act of prostitution shall be guilty of a felony and shall be punished by imprisonment for a period of not less than five nor more than 20 years and such convicted person shall be fined not less than $2,500.00 nor more than $10,000.00. Adjudication of guilt or imposition of a sentence for a conviction of a second or subsequent offense of pimping or pandering involving a person under the age of 18 years pursuant to this subsection, including a plea of nolo contendere, shall not be suspended, probated, deferred, or withheld."
SECTION 5. Said chapter is further amended by striking in its entirety Code Section 16-6-14, relating to the offense of pandering by compulsion, and inserting in lieu thereof a new Code Section 16-6-14 to read as follows:
"16-6-14. A person commits the offense of pandering by compulsion when he or she by duress or coercion causes a person to perform an act of prostitution and, upon conviction thereof, shall be punished by imprisonment for not less than one nor more than ten years."

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SECTION 6. Said chapter is further amended by striking in its entirety subsection (b) of Code Section 16-6-15, relating to solicitation of sodomy, and inserting in lieu thereof a new subsection to read as follows:
'(b) A person convicted of solicitation of sodomy when such offense involves the solicitation of a person or persons under the age of 18 years to perform or submit to an act of sodomy for money shall be guilty of a felony and shall be punished by imprisonment for a period of not less than five nor more than 20 years and shall be fined not less than $2,500.00 nor more than $10,000.00."
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 March 27, 2001.
CRIMES AND OFFENSES - PUNISHMENTS; ESCAPE; SEXUAL OFFENSES; SENTENCING; PROBATION.
Code Title 16 Amended. Code Section 17-10-1 Amended. Code Sections 42-8-34 and 42-8-34.1 Amended.
No. 20 (Senate Bill No. 34).
AN ACT
To amend numerous provisions of the Official Code of Georgia Annotated so as to strengthen and clarify punishment provisions in various Code sections; to provide a short title; to amend Code Section 16-10-52 of the Official Code of Georgia Annotated, relating to the offense of escape, so as to change certain provisions relating to punishment; to amend Chapter 6 of Title 16 of the Official Code of Georgia Annotated, relating to sexual offenses, so as to change provisions relating to forfeiture of motor vehicles; to provide a forfeiture procedure for violation of Code Section 16-6-11 involving minors; to amend Code Sections 17-10-1 and 42-8-34 of the Official Code of Georgia Annotated, relating to sentencing and probation, respectively, so as to allow the trial court to have jurisdiction over any person placed on probation; to allow the trial judge to have continuing authority to modify a sentence for one year from when the sentence is imposed or within 120 days of the remittitur; to provide that the court shall afford notice and an

____________GEORGIA LAWS 2001 SESSION___________95
opportunity for a hearing to the prosecuting attorney; to provide that any order modifying a sentence which is entered without notice and an opportunity for a hearing as provided in this Act shall be void; to amend Code Section 42-8-34.1 of the Official Code of Georgia Annotated, relating to revocation of probated or suspended sentences, so as to change the penalties authorized for imposition upon proof of a defendant's violation of probation or suspension; to provide a definition; to provide for a maximum sentence for a violation of probation or suspension which is the commission of a felony offense; to provide a sentence authorized for a violation of a special condition of probation or suspension; 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. This Act shall be known and may be cited as the "2001 Crime Prevention Act."
SECTION 2. Code Section 16-10-52 of the Official Code of Georgia Annotated, relating to the offense of escape, is amended by striking subsection (b) and inserting in lieu thereof the following:
"(b)(l) A person who, having been convicted of a felony, is convicted of the offense of escape shall be punished by imprisonment for not less than one nor more than ten years. (2) Any person charged with a felony who is in lawful confinement prior to conviction or adjudication who is convicted of the offense of escape shall be punished by imprisonment for not less than one nor more than five years. (3) Notwithstanding paragraphs (1) and (2) of this subsection, a person who commits the offense of escape while armed with a dangerous weapon shall, upon conviction thereof, be punished by imprisonment for not less than one nor more than 20 years. (4) Any other person convicted of the offense of escape shall be punished as for a misdemeanor."
SECTION 3. Chapter 6 of Title 16 of the Official Code of Georgia Annotated, relating to sexual offenses, is amended in Code Section 16-6-13.2, relating to forfeiture, by striking subsection (c) and inserting in lieu thereof the following:
"(c)( 1) Any motor vehicle operated by a person to facilitate a violation of Code Section 16-6-11 where the offense involved the pimping of a person under the age of 18 years to perform an act of prostitution and involved a motor vehicle or operated by a person who has been convicted of or pleaded nolo contendere for two previous violations of Code Section 16-6-11 or 16-6-12 involving a motor vehicle within a five-year period and who is convicted or pleads nolo contendere to a third violation of Code Section 16-6-11 or 16-6-12 involving

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a motor vehicle within the same five-year period is declared to be contraband and subject to forfeiture to the state, as provided in this Code section. (2) For the purpose of this subsection, a violation of Code Section 16-6-11 or 16-6-12 involving a motor vehicle shall mean a violation of Code Section 16-6-11 or 16-6-12 in which a motor vehicle is used to violate said Code section or in which the violation occurred.'
SECTION 4. Said chapter is further amended by inserting after Code Section 16-6-13.2 a new Code Section 16-6-13.3 to read as follows:
'16-6-13.3.
(a) Any proceeds or money which is used, intended for use, used in any manner to facilitate, or is derived from a violation of Code Section 16-6-11, wherein any of the persons involved in performing an act of prostitution is under the age of 18, is contraband and forfeited to the state and no person shall have a property interest in it. Such proceeds or money may be seized or detained in the same manner as provided in Code Section 16-13-49 and shall not be subject to replevin, conveyance, sequestration, or attachment. (b) Within 60 days of the date of the seizure of proceeds or money pursuant to this Code section, the district attorney shall initiate forfeiture or other proceedings as provided in Code Section 16-13-49. An owner or interest holder, as defined by subsection (a) of Code Section 16-13-49, may establish as a defense to the forfeiture of proceeds or money which is subject to forfeiture under this Code section the applicable provisions of subsection (e) or (f) of Code Section 16-13-49. Proceeds or money which is forfeited pursuant to this Code section shall be disposed of and distributed as provided in Code Section 16-13-49, provided that no less than 50 percent of the money and proceeds forfeited under this Code section shall be distributed to the local governing authority to be distributed to local or state-wide programs serving the child victims of the crime which are funded or operated by state or local governmental agencies. (c) If the proceeds or money subject to forfeiture cannot be located; has been transferred or conveyed to, sold to, or deposited with a third party; is beyondthe jurisdiction of the court; has been substantially diminished in value while not in the actual physical custody of a receiver or governmental agency directed to maintain custody of the proceeds or money; or has been commingled with other property that cannot be divided without difficulty, the court shall order the forfeiture of any proceeds or money of a claimant or defendant up to the value of proceeds or money found by the court to be subject to forfeiture under this Code section in accordance with the procedures set forth in subsection (x) of Code Section 16-13-49. (d) The provisions of paragraphs (3), (4), and (5) of subsection (x) and subsection (z) of Code Section 16-13-49 shall be applicable to any proceedings brought pursuant to this Code section.*

_____________GEORGIA LAWS 2001 SESSION____________97
SECTION 5. Code Section 17-10-1 of the Official Code of Georgia Annotated, relating to sentencing, is amended by striking paragraphs (1) and (2) and subparagraph (A) of paragraph (3) of subsection (a) and inserting new paragraphs (1) and (2) and subparagraph (A) of paragraph (3) of subsection (a) and by adding a new subsection (f) to read as follows:
"(a)(l) Except in cases in which life imprisonment, life without parole, or the death penalty may be imposed, upon a verdict or plea of guilty in any case involving a misdemeanor or felony, and after a presentence hearing, the judge fixing the sentence shall prescribe a determinate sentence for a specific number of months or years which shall be in conformity with any mandatory minimum sentences required by law or shall be within the minimum and maximum prescribed by law as the punishment for the crime. The judge imposing the sentence is granted power and authority to suspend or probate all or any part of the entire sentence under such rules and regulations as the judge deems proper, including the authority to revoke the suspension or probation when the defendant has violated any of the rules and regulations prescribed by the court, even before the probationary period has begun, subject to the conditions set out in this subsection; provided, however, that such action shall be subject to the provisions of Code Section 17-10-6.1. (2) Probation supervision shall terminate in all cases no later than two years from the commencement of probation supervision unless specially extended or reinstated by the sentencing court upon notice and hearing and for good cause shown; provided, however, in those cases involving the collection of fines, restitution, or other funds, the period of supervision shall remain in effect for so long as any such obligation is outstanding, or until termination of the sentence, whichever first occurs. Probation supervision shall not be required for defendants sentenced to probation while the defendant is in the legal custody of the Department of Corrections or the State Board of Pardons and Paroles.
(3)(A) Any part of a sentence of probation revoked for a violation other than a subsequent commission of any felony, a violation of a special condition, or a misdemeanor offense involving physical violence resulting in bodily injury to an innocent victim which in the opinion of the trial court constitutes a danger to the community or a serious infraction occurring while the defendant is assigned to an alternative probation confinement facility shall be served in a probation detention center, probation boot camp, diversion center, weekend lock up, or confinement in a local jail or detention facility, or other community correctional alternatives available to the court or provided by the Department of Corrections." "(f) Within one year of the date upon which the sentence is imposed, or within 120 days after receipt by the sentencing court of the remittitur upon affirmance of the judgment after direct appeal, whichever is later, the court imposing the sentence has the jurisdiction, power, and authority to correct or reduce the sentence and to suspend or probate all or any part of the sentence imposed. Prior

98__________GENERAL ACTS AND RESOLUTIONS___________
to entering any order correcting, reducing, or modifying any sentence, the court shall afford notice and an opportunity for a hearing to the prosecuting attorney. Any order modifying a sentence which is entered without notice and an opportunity for a hearing as provided in this subsection shall be void. This subsection shall not limit any other jurisdiction granted to the court in this Code section or as provided for in subsection (g) of Code Section 42-8-34."
SECTION 6. Code Section 42-8-34 of the Official Code of Georgia Annotated, relating to probation, is amended by striking subsection (g) and inserting in lieu thereof a new subsection (g) to read as follows:
"(g) The sentencing judge shall retain jurisdiction over any person placed on probation. The judge is empowered to revoke any or all of the probated sentence, rescind any or all of the sentence, or, in any manner deemed advisable by the judge, to modify or change the probated sentence at any time during the period of time prescribed for the probated sentence to run."
SECTION 7. Code Section 42-8-34.1 of the Official Code of Georgia Annotated, relating to revocation of probated or suspended sentences, restitution or fines, and the limitation on probation supervision, is amended by striking said Code section and inserting in lieu thereof the following:
'42-8-34.1.
(a) For the purposes of this Code section, the term 'special condition of probation or suspension of the sentence' means a condition of a probated or suspended sentence which:
(1) Is expressly imposed as part of the sentence in addition to general conditions of probation and court ordered fines and fees; and (2) Is identified in writing in the sentence as a condition the violation of which authorizes the court to revoke the probation or suspension and require the defendant to serve up to the balance of the sentence in confinement. (b) A court may not revoke any part of any probated or suspended sentence unless the defendant admits the violation as alleged or unless the evidence produced at the revocation hearing establishes by a preponderance of the evidence the violation or violations alleged. (c) At any revocation hearing, upon proof that the defendant has violated any general provision of probation or suspension other than by commission of a new felony offense, the court shall consider the use of alternatives to include community service, intensive probation, diversion centers, probation detention centers, special alternative incarceration, or any other alternative to confinement deemed appropriate by the court or as provided by the state or county. In the event the court determines that the defendant does not meet the criteria for said alternatives, the court may revoke the balance of probation or not more than two years in confinement, whichever is less.

_____________GEORGIA LAWS 2001 SESSION____________99
(d) If the violation of probation or suspension alleged and proven by a preponderance of the evidence or the defendant's admission is the commission of a felony offense, the court may revoke no more than the lesser of the balance of probation or the maximum time of the sentence authorized to be imposed for the crime constituting the violation of the probation. (e) If the violation of probation or suspension alleged and proven by a preponderance of the evidence or the defendant's admission is the violation of a special condition of probation or suspension of the sentence, the court may revoke the probation or suspension of the sentence and require the defendant to serve the balance or portion of the balance of the original sentence in confinement. (f) The payment of restitution or reparation, costs, or fines ordered by the court may be payable in one lump sum or in periodic payments, as determined by the court after consideration of all the facts and circumstances of the case and of the defendant's ability to pay. Such payments shall, in the discretion of the sentencing judge, be made either to the clerk of the sentencing court or, if the sentencing court is a probate court, state court, or superior court, to the probation office serving said court. (g) In no event shall an offender be supervised on probation for more than a total of two years for any one offense or series of offenses arising out of the same transaction, whether before or after confinement, except as provided by paragraph (2) of subsection (a) of Code Section 17-10-1.*
SECTION 8. This Act shall become effective July 1,2001, and shall apply to offenses of escape committed on or after July 1, 2001.
SECTION 9. All laws and parts of laws in conflict with this Act are repealed.
Approved March 27, 2001.

100________GENERAL ACTS AND RESOLUTIONS__________
LOCAL GOVERNMENT - COUNTIES AND MUNICIPALITIES; CONTRACTS WITH NONPROFIT ORGANIZATIONS FOR ECONOMIC DEVELOPMENT.
Code Section 36-60-14 Amended.
No. 23 (House Bill No. 87).
AN ACT
To amend Chapter 60 of Title 36 of the Official Code of Georgia Annotated, relating to general provisions regarding local government, so as to provide for additional authority with respect to entering into certain contracts of one year or less; to provide for an exception; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Chapter 60 of Title 36 of the Official Code of Georgia Annotated, relating to general provisions regarding local government, is amended by striking Code Section 36-60-14, relating to authority to enter into certain contracts of one year or less, and inserting in its place a new Code Section 36-60-14 to read as follows:
"36-60-14. The governing body of each county or municipal corporation of this state is authorized to enter into one year, or less, contracts with private nonprofit organizations which are exempt from federal income taxes pursuant to Section 501 (c)(3) or 501 (c)(6) of the Internal Revenue Code to utilize such organizations to identify, attract, and locate new business and industry into the county or municipality for the purposes of increasing trade, industry, agribusiness, commerce, and tourism and the improvement of employment opportunities within the county or municipality and to otherwise promote the general welfare of the county or municipality; provided, however, that the authority provided under this Code section shall not affect or in any way apply to any contract under Code Section 48-13-51 regarding the expenditure of proceeds collected under Article 3 of Chapter 13 of Title 48 unless that contract is executed by the governing body of a county in which is imposed, prior to January 1, 2001, the homestead option sales and use tax authorized under Code Section 48-8-102."
SECTION 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

____________GEORGIA LAWS 2001 SESSION__________101
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.
Approved March 28, 2001.
DOMESTIC RELATIONS - FAMILY VIOLENCE AND STALKING PROTECTIVE ORDER REGISTRY.
Code Title 19, Chapter 13, Article 4 Amended.
No. 24 (Senate Bill No. 57).
AN ACT
To amend Chapter 13 of Title 19 of the Official Code of Georgia Annotated, relating to family violence, so as to enact the "Family Violence and Stalking Protective Order Registry Act"; to define terms; to create a registry of protective orders as a centralized data base for protective orders; to provide for the registry to be maintained by the Georgia Crime Information Center; to provide for the registry to be linked with the National Crime Information Center Network; to provide for electronic transmittal and maintenance of orders; to provide for foreign orders; to provide for access to and use of the registry; to provide punishment for violations; to provide for certain immunity from civil liability; 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 13 of Title 19 of the Official Code of Georgia Annotated, relating to family violence, is amended by adding at its end a new Article 4 to read as follows:
'ARTICLE 4
19-13-50. This article shall be known and may be cited as the 'Family Violence and Stalking Protective Order Registry Act.'
19-13-51. As used in this article, the term:
(1) 'Court' means judges in the classes of courts identified in Title 15 and any other person while acting as such a judge pursuant to designation as otherwise authorized by law.

102_________GENERAL ACTS AND RESOLUTIONS________
(2) 'Foreign court' means a court of competent jurisdiction in any state other than this state or any territory or tribal jurisdiction in the United States. (3) 'Foreign protective order' means any temporary protective order, protective order, restraining order, or injunction that prohibits acts of family violence or stalking or both issued by a court of competent jurisdiction in another state, territory, or tribal jurisdiction in the United States. (4) 'Law enforcement officer' means any agent or officer of this state, or a political subdivision or municipality thereof, who, as a full-time or part-time employee, is vested either expressly by law or by virtue of public employment or service with authority to enforce the criminal or traffic laws and whose duties include the preservation of public order, the protection of life and property, or the prevention, detection, or investigation of crime. Such term also includes the following: state or local officer, sheriff, deputy sheriff, dispatcher, 911 operator, police officer, prosecuting attorney, member of the State Board of Pardons and Paroles, a hearing officer and parole officer of the State Board of Pardons and Paroles, and a probation officer of the Department of Corrections. (5) 'Modification' means any amendment, dismissal, or continuance of a protective order. (6) 'Prosecuting attorney' means each attorney elected to represent a judicial circuit in this state and any assistant or deputy district attorney, or solicitor, in each judicial circuit in this state. (7) 'Protective order' means any ex parte, temporary, six-month, permanent order, or restraining order issued by a judge in this state pursuant to Code Sections 16-5-90 through 16-5-94 or this chapter and also where appropriate in this context includes a foreign protective order. (8) 'Registry' means the Georgia Protective Order Registry.
19-13-52. (a) The Georgia Protective Order Registry shall be created to serve as a centralized data base for state-wide protective orders issued pursuant to Code Sections 16-5-90 through 16-5-94 and this chapter. The registry is intended to enhance victim safety by providing law enforcement officers, prosecuting attorneys, and the courts access to protective orders issued by the courts of this state and foreign courts 24 hours of the day and seven days of the week. Access to the registry is intended to aid law enforcement officers, prosecuting attorneys, and the courts in the enforcement of protective orders and the protection to victims of stalking and family violence. (b) The registry shall be maintained by the Georgia Crime Information Center. The Georgia Commission on Family Violence may consult with the Georgia Crime Information Center regarding the effectiveness ofthe registry in enhancing the safety of victims of domestic violence and stalking. (c) The registry shall include a complete and systematic record and index of all valid protective orders and modifications thereof. Law enforcement officers and the courts shall have access to the registry. The Georgia Crime Information

____________GEORGIA LAWS 2001 SESSION___________103
Center shall implement a daily process of purging protective orders and names of parties from the registry upon expiration or dismissal of protective orders and shall maintain purged protective orders and names in a separate archived file in the registry that shall be available only to the courts. (d) The registry shall be linked to the National Crime Information Center Network and protective orders entered in the registry shall be immediately transmitted to this network.
19-13-53. (a) The courts of this state shall use a standardized form or forms for the issuance of any protective order. The form or forms shall be promulgated by the Uniform Superior Court Rules. The standardized form or forms for protective orders shall be in conformity with the provisions of this Code, shall be subject to the approval of the Georgia Crime Information Center and the Georgia Superior Court Clerks' Cooperative Authority as to form and format, and shall contain, at a minimum, all information required for entry of protective orders into the registry and the National Crime Information Center Protection Order File. The Administrative Office of the Courts shall distribute the forms. A court may modify the standardized form to comply with the court's application of the law and facts to an individual case and shall delete or otherwise make inoperative any provision in the standardized form which is not supported by the evidence in the case. (b) The clerk of the issuing court shall electronically transmit a copy of the protective order or modification thereof to the registry as expeditiously as possible but no later than by the end of the next business day after the order is filed with the clerk of court. In the event of electronic failure, the clerk of court shall immediately notify the Georgia Crime Information Center which shall authorize an alternative method of transmitting the protective order or modification thereof to the registry. (c) The Georgia Crime Information Center shall ensure that any protective order or modification thereof is entered in the registry within 24 hours of receipt of the protective order or modification from the clerk of court. The Georgia Crime Information Center shall ensure that protective orders that have expired or been terminated are purged from the registry within 24 hours of such expiration or termination. The inability to enter information for all data fields in the registry shall not delay the entry of available information. (d) The entry of a protective order in the registry shall not be a prerequisite for enforcement of a valid protective order.
19-13-54. (a) A petitioner who obtains a valid foreign protective order may file that order by filing a certified copy of the foreign protective order with any clerk of court of the superior court in this state. (b) Filing shall be without fee or cost.

104________GENERAL ACTS AND RESOLUTIONS__________
(c) The clerk of court shall provide the petitioner with a receipt bearing proof of submission of the foreign protective order for entry in the registry. (d) The clerk of court shall transmit to the registry a copy of the foreign protective order in the same manner as provided in Code Section 19-13-53. (e) Foreign protective orders shall not be required to be contained on a standardized form or forms in order to be entered in the registry. (f) Filing and registry of the foreign protective order in the registry shall not be prerequisites for enforcement of the foreign protective order in this state.
19-13-55. Any individual, agency, or court which obtains information from the registry shall keep such information or parts thereof confidential, and shall not disseminate or disclose such information, or parts thereof, except as authorized in this article or otherwise by law. Violation of this Code section shall be a misdemeanor.
19-13-56. (a) The state and any local or state law enforcement officer, court official, or official of the registry shall be held harmless for any delay or failure to file a protective order, to transmit information contained in protective orders, or to enter such information in the registry. (b) The state and any local or state law enforcement officer, court official, or official of the registry shall be held harmless for acting in reliance upon information registered in the registry or information received for the purpose of entry in the registry.*
SECTION 2. This Act shall become effective on July 1, 2001. The registry created by this Act shall become effective 180 days after the promulgation of the forms pursuant to Code Section 19-13-53.
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.
Approved March 30, 2001.

____________GEORGIA LAWS 2001 SESSION__________105
REVENUE AND TAXATION - INCOME TAX; DEDUCTIONS FOR PAYMENTS TO MINORITY SUBCONTRACTORS;
CREDITS FOR QUALIFIED BUSINESS EXPANSION; CREDIT FOR TRANSPORTATION BENEFITS TO EMPLOYEES.
Code Section 48-7-38 Amended. Code Sections 48-7-40.21 and 48-7-40.22 Enacted.
No. 25 (House Bill No. 607).
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 deductions for payments to minority subcontractors; to provide for certain tax credits with respect to certain qualified business expansion; to provide an income tax credit for certain employers who provide certain transportation benefits to employees; to provide for procedures, conditions, and limitations; to provide for powers, duties, and authority of the state revenue commissioner; 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 Code Section 48-7-38, relating to deductions for payments to minority subcontractors, and inserting in its place a new Code Section 48-7-38 to read as follows:
'48-7-38. (a) As used in this Code section, the term:
(1) 'Member of a minority' means an individual who is: (A) Black; (B) Hispanic; (C) Asian-Pacific American; (D) Native American; or (E) Asian-Indian American.
(2) 'Minority subcontractor' means any business which is owned by: (A) An individual who is a member of a minority who reports as his or her personal income for Georgia income tax purposes the income of such business; (B) A partnership in which a majority of the ownership interest is owned by one or more members of a minority who report as their personal income for

106________GENERAL ACTS AND RESOLUTIONS_________
Georgia income tax purposes more than 50 percent of the income of the partnership; or (C) A corporation organized under the laws ofthis state in which a majority of the common stock is owned by one or more members of a minority who report as their personal income for Georgia income tax purposes more than 50 percent of the distributed earnings of the corporation. (3) 'State contract' means a contract for the purchase by the state of goods, property, or services or for the construction of any building or structure for the state, which contract is executed by any department, board, bureau, commission, or agency of state government, by any state authority, or by any officer, official, employee, or agent of any of the foregoing. (b) In computing Georgia taxable net income of a corporation, partnership, or individual, there shall be subtracted from federal taxable income or federal adjusted gross income 10 percent of the amount of qualified payments to minority subcontractors. A payment to a minority subcontractor shall be a qualified payment if: (1) The payment is for goods, personal property, or services furnished by the minority subcontractor to the taxpayer and delivered by the taxpayer to the state in furtherance of a state contract to which the taxpayer is a party; and the payment does not exceed the value of the goods, property, or services to the taxpayer; (2) The payment is made during the taxable year for which the subtraction from federal taxable income or federal adjusted gross income is claimed; and (3) The payment is made to a subcontractor who at the time of the payment is certified as a minority contractor pursuant to subsection (d) of this Code section. (c) The total amount which may be subtracted under this Code section from federal taxable income or federal adjusted gross income of any taxpayer shall be limited to $100,000.00 per taxable year. (d) The commissioner of administrative services shall certify individuals, partnerships, and corporations which are within the definition of the term 'minority subcontractor' specified in subsection (a) of this Code section. The department may disclose to the commissioner of administrative services the income tax returns of taxpayers applying for certification as minority subcontractors. The commissioner of administrative services shall maintain and periodically revise a list of certified minority subcontractors and shall make such list available to the department and to the general public. (e) Any individual, partnership, or corporation certified pursuant to subsection (d) of this Code section and any small business concern which is at least 51 percent owned by one or more minorities, or, in the case of a publicly owned business, at least 51 percent of all classes or types of the stock of which is owned by one or more minorities, whose management and daily business operations are controlled by one or more minorities, and which is authorized to do and is doing business under the laws of this state paying all taxes duly assessed and domiciled within this state shall be eligible for certification as a

____________GEORGIA LAWS 2001 SESSION__________107
minority business enterprise under Code Section 50-5-132; and, for purposes of such certification pursuant to this subsection, 'minority' shall be defined as a member of a minority. Such certification shall be subject to the provisions of Code Section 50-5-133."
SECTION 2. Said article is further amended by adding a new Code section immediately following Code Section 48-7-40.20, to be designated Code Section 48-7-40.21, to read as follows:
"48-7-40.21.
(a) As used in this Code section, the term: (1) 'Existing business enterprise' means any business or the headquarters of any such business which is engaged in manufacturing, warehousing and distribution, processing, telecommunications, tourism, or research and development industries that has been in operation in this state for at least five years. Such term shall not include retail businesses. (2) 'Qualified business expansion' means the creation of at least 500 new full-time jobs within a taxable year.
(b) An existing business enterprise undergoing a qualified business expansion shall be eligible to make application to the commissioner to take tax credits established by Code Section 48-7-40 against such taxpayer's quarterly or monthly payment under Code Section 48-7-103 subject to the following limitations:
(1) Such application may be made only where the amount of such credit exceeds 50 percent of an existing business enterprise's liability for taxes imposed under this article in a taxable year. In such cases where the existing business enterprise has claimed and not used credits established by Code Section 48-7-40 prior to the effective date ofthis Code section and such credits have been carried forward pursuant to subsection (h) of Code Section 48-7-40, the taxpayer may also include in the application a request to take such credits against such taxpayer's quarterly or monthly payment under Code Section 48-7-103; (2) Following the commissioner's referral of the application to a panel composed of the commissioner of community affairs, the commissioner of industry, trade, and tourism, and the director of the Office of Planning and Budget, said panel, after reviewing the application, certifies that the expansion will have a beneficial economic effect on the region for which it is planned; (3) The credit shall apply to not more than five taxable years; (4) Credit shall not be allowed during a year if the net employment increase falls below the 500 new full-time jobs required; and (5) No credit in excess of $5 million may be claimed pursuant to the terms of this Code section. (c) Notwithstanding any other provision of law to the contrary, any credit claimed pursuant to this Code section shall be subject to recapture if the minimum job requirement is not met.

108_________GENERAL ACTS AND RESOLUTIONS___________

(d) Each employee whose employer receives credit against such taxpayer's quarterly or monthly payment under Code Section 48-7-103 shall receive credit against his or her income tax liability under Code Section 48-7-20 for the corresponding taxable year for the full amount which would be credited against such liability prior to the application of the credit provided for in this Code section. Credits against quarterly or monthly payments under Code Section 48-7-103 and credits against liability under Code Section 48-7-20 established by this Code section shall not constitute income to the taxpayer."

SECTION 3.

Said article is further amended by adding a new Code section immediately

following new Code Section 48-7-40.21, to be designated Code Section 48-7-40.22,

to read as follows: '48-7-40.22.

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

(1) 'Business enterprise' means any business or the headquarters of any such

business which is engaged in manufacturing, warehousing and distribution,

processing, telecommunications, tourism, research and development

industries, child care businesses, or retail businesses.

(2) 'Headquarters' means the principal central administration office of a

taxpayer.

(3) Tier' means a tier as designated pursuant to Code Section 48-7-40, as

amended.

(b) A business enterprise which is located in a tier I or tier 2 county which

purchases or leases a new motor vehicle which is used for the exclusive purpose

of providing transportation for its employees shall be allowed a credit for taxes

imposed under this article as follows:

Tier

Credit amount per vehicle

: 3,000.00

2 ................................................... 2,000.00
(c) In order to qualify for the tax credit under this Code section, a business enterprise must certify that each vehicle for which a credit is claimed carries an average daily ridership of not less than four employees. ' (d) In no event shall the aggregate amount of the tax credit provided by this Code section exceed the income tax liability of the business enterprise. Any unused tax credit shall be allowed to be carried forward to apply to the succeeding years' tax liability of such business enterprise. No such credit shall be allowed the business enterprise against prior years' tax liability. (e) The commissioner shall promulgate any rules and regulations necessary to implement and administer this Code section."

____________GEORGIA LAWS 2001 SESSION__________109
SECTION 4. (a) Except as otherwise provided in subsection (b) of this section, this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval and shall be applicable to all taxable years ending on or after January 1,2001. (b) Section 3 of this Act shall become effective on January 1, 2002, and shall be applicable to all taxable years beginning on or after January 1, 2002.
SECTION 5. All laws and parts of laws in conflict with this Act are repealed.
Approved April 4, 2001.
REVENUE AND TAXATION - INCOME TAX; CREDIT FOR LOW-EMISSION, ZERO EMISSION,
AND CLEAN FUELED VEHICLES.
Code Section 48-7-40.16 Amended.
No. 26 (House Bill No. 261).
AN ACT
To amend Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to the imposition, rate, and computation of income tax, so as to change certain provisions regarding income tax credits for low-emission vehicles; to provide for definitions; to provide for income tax credits for the purchase or lease of zero emission vehicles; to provide for the terms, conditions, limitations, and procedures relating to such credits; to provide for powers, duties, and authority of the state revenue commissioner with respect to the foregoing; to provide an effective date; to provide for applicability; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to the imposition, rate, and computation of income tax, is amended by striking Code Section 48-7-40.16, relating to income tax credits for low-emission vehicles, and inserting in its place a new Code Section 48-7-40.16 to read as follows:
'48-7-40.16. (a) As used in this Code section, the term:

JO_________GENERAL ACTS AND RESOLUTIONS________
(1) 'Alternative fuel' means methanol, denatured ethanol, and other alcohols; mixtures containing 85 percent or more by volume of methanol, denatured ethanol, and other alcohols with gasoline or other fuels; natural gas; liquefied petroleum gas; hydrogen; coal derived liquid fuels; fuels other than alcohol derived from biological materials; and electricity, including electricity from solar energy. (2) 'Clean fueled vehicle' means a motor vehicle which has been certified by the Environmental Protection Agency to meet, for any model year, a set of emission standards that classifies it as a low-emission vehicle or zero emission vehicle. (3) 'Conventionally fueled vehicle' means a motor vehicle which is fueled solely by a petroleum based fuel such as gasoline or diesel. (4) 'Converted vehicle' means a motor vehicle that is retrofitted so that it is fueled solely by an alternative fuel and which meets the emission standards set forth for that class of low-emission vehicles as defined under rules and regulations of the Board of Natural Resources applicable to clean fueled vehicles, as amended, when operating on such alternative fuel, or which meets the emission standards set forth for zero emission vehicles as defined under rules and regulations of the Board of Natural Resources. (5) 'Low-emission vehicle' means a motor vehicle which is fueled solely by an alternative fuel and which meets emission standards as defined under rules and regulations of the Board of Natural Resources applicable to clean fueled vehicles classified as low-emission vehicles, as amended, when operating on such alternative fuel. (6) 'Motor vehicle' means any self-propelled vehicle designed for transporting persons or property on a street or highway that is registered by the Motor Vehicle Division of the Department of Revenue. (7) 'Zero emission vehicle' means a motor vehicle which has zero tailpipe and evaporative emissions as defined under rules and regulations of the Board of Natural Resources applicable to clean fueled vehicles, as amended, and shall include an electric vehicle whose drive train is powered solely by electricity, provided said electricity is not provided by any on-board combustion device. (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 or zero emission vehicle that is registered in the State of Georgia. The amount of the credit shall be $2,500.00 per new low-emission vehicle and $5,000.00 per new zero 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 the State of Georgia. 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 the State of Georgia. The amount of the credit shall be $2,500.00 per charger.

GEORGIA LAWS 2001 SESSION
(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 approved by the Environmental Protection Division of the Department of Natural Resources; and (B) Made only by a taxpayer who is the owner of a new clean fueled vehicle, as evidenced by the certificate of title issued for such vehicle; provided, however, that if a new clean fueled vehicle is leased to a taxpayer at retail, the taxpayer who is the lessee shall be entitled to claim the credit; provided, further, that only one taxpayer shall be eligible to claim any credit provided by subsection (b) of this Code section; (2) 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; (3) 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 (B) Made only by a taxpayer who is the ultimate purchaser or lessee of a new electric vehicle charger at retail; (4) 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 clean fueled 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 2) of this subsection accompanies any such claim; and (5) 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 vehicles, zero emission vehicles, and converted vehicles and electric vehicle chargers which shall be consistent with the terms of this Code section; (2) An approved certification form which certifies the purchase or lease of a new clean fueled 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."

112________GENERAL ACTS AND RESOLUTIONS___________
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, 2001.
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.
Approved April 4, 2001.
JOINT COMPREHENSIVE WATER PLAN STUDY COMMITTEE - CREATION.
No. 4 (Senate Resolution No. 142).
A RESOLUTION
Creating the Joint Comprehensive Water Plan Study Committee; to create the Water Plan Advisory Committee; and for other purposes.
WHEREAS, the task of securing sustainable water sources for Georgia while improving and preserving the quality of rivers, lakes, and ground water is very important; and
WHEREAS, since 1964, the General Assembly has passed laws relating to water quality protection and water quantity allocation; and
WHEREAS, these laws and subsequent programs form a strong foundation for water policy in Georgia; and
WHEREAS, recent stresses to Georgia's water resources mandate a re-examination of Georgia's water policy in Georgia; and
WHEREAS, the potential for salt-water intrusion into the Floridan Aquifer in coastal Georgia is a major concern and is the subject of the interim strategy of the Environmental Protection Division of the Department of Natural Resources for groundwater withdrawal reduction and is the subject of ongoing scientific studies funded jointly by the State of Georgia and the private sector; and
WHEREAS, agricultural water use in the Flint River in southwest Georgia has the potential to harmfully deplete the flow of the Flint River in drought years and the Environmental Protection Division is preparing a water development and conservation plan for this area; and

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WHEREAS, Georgia has been negotiating water allocation formulas with the States of Alabama and Florida under interstate water compacts for the Coosa, Tallapoosa, Flint, and Chattahoochee River Basins, and the results of these negotiations will most likely establish the basis of future water management in these basins; and
WHEREAS, the droughts of 1998, 1999, and 2000 had profound negative impacts on agriculture and on drinking water systems in Georgia; and
WHEREAS, there are many potential methods to augment water supply sources to reduce water shortages in future droughts; and
WHEREAS, there are many potential methods to reduce water demands in Georgia during drought and nondrought periods; and
WHEREAS, the Georgia Municipal Association and the Association of County Commissioners of Georgia have developed recommendations for improvements in water resource management; and
WHEREAS, the quality of Georgia's rivers and streams is diminished by pollution from stormwater runoff; and
WHEREAS, this pollution, called "nonpoint source" pollution, cannot be corrected only by the treating of stormwater runoff but will involve new approaches to stormwater management and new approaches in land development; and
WHEREAS, many local governments are performing watershed assessments to identify and correct water pollution problems coming from stormwater runoff; and
WHEREAS, the Environmental Protection Division is preparing total maximum daily loads which allocate pollution loads in river basins; and
WHEREAS, implementation of total maximum daily load solutions will require close coordination and cooperation between state government, local government, agriculture, and business; and
WHEREAS, the metropolitan Atlanta Chamber of Commerce and the Regional Business Coalition convened a task force and made suggestions for a regional approach to water quality issues in metropolitan Atlanta; and
WHEREAS, the Environmental Protection Division prepared a Water Resources Summary Document in 1986 which included plans to meet Georgia's water needs until the year 2000; and

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WHEREAS, many local governments have implemented water source enhancement - reservoirs and wells - and water conservation as outlined in the 1986 document; and
WHEREAS, additional actions are necessary to provide safe and secure water supply for predicated population growth at least 20 years into the future; and
WHEREAS, in light of the above issues it is now time to prepare a new comprehensive water plan for Georgia.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that there is created the Joint Comprehensive Water Plan Study Committee to be composed of 23 members consisting of four members of the Senate to be appointed by the President of the Senate, four members of the House of Representatives to be appointed by the Speaker of the House of Representatives, and, as ex officio members, the chairperson of the Senate Natural Resources Committee and the chairperson of the House Committee on Natural Resources and the Environment who shall be cochairpersons of the study committee. The President of the Senate shall appoint two additional members, one each from the following: county government, and agricultural interest groups. The Speaker of the House of Representatives shall appoint two additional members, one each from the following: city government, and wildlife conservation groups. The Governor shall appoint five additional members. The director of the Environmental Protection Division of the Department of Natural Resources, the Commissioner of Natural Resources, the Commissioner of Agriculture, and the executive director of the Georgia Soil and Water Conservation Commission shall all serve in ex officio capacities as members of the committee. Either chairperson may call meetings of the committee. Such appointments shall be made by May 15, 2001, with the first meeting of the study committee to occur by June 15, 2001.
BE IT FURTHER RESOLVED that the committee shall undertake a study of the water resource issues, including water quality and quantity, facing Georgia. The committee shall consider the existing policy, laws, rules, and programs to manage water resources. The committee shall recommend a process and schedule to prepare the details of a comprehensive water plan, develop the principle for a comprehensive water plan, and recommend any other action or legislation the study committee deems appropriate.
BE IT FURTHER RESOLVED that there is created a Water Plan Advisory Committee, consisting of members of the scientific community, business community, agricultural community, environmental advocacy groups, professions with expertise in water quality and management, the academic community, representative citizen groups in each of the state's river basins, the outdoor recreation community, and the commercial fisheries community to be selected by the cochairpersons of the Joint Comprehensive Water Plan Study Committee. The

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study committee cochairpersons shall appoint an advisory committee chairperson who shall be a faculty member of the University System of Georgia specializing in the natural sciences. The Water Plan Advisory Committee shall assist the study committee, as requested, in gathering information, preparing briefing documents, preparing recommendations, and evaluating proposed recommendations. The Water Plan Advisory Committee may be divided into subcommittees at the discretion of the advisory committee chairperson.
BE IT FURTHER RESOLVED that the study committee may conduct such meetings at such times and places 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 for this resolution. The legislative members of the study committee shall receive the allowances authorized for legislative members of interim committees but shall receive the same for not more than ten days unless additional days are authorized. The funds necessary to carry out the provisions of this resolution shall come from funds appropriated to the Senate and House of Representatives. No allowance shall be paid for other members of the committee. The study committee shall make a report of its findings and recommendations, with suggestions for proposed legislation, if any, prior to December 1,2001. The study committee shall make a final report of its findings and recommendations with suggestions for proposed legislation, if any, prior to September 1,2002. The study committee shall stand abolished on September 1, 2002.
Approved April 5, 2001.
CONSERVATION AND NATURAL RESOURCES WATER RESOURCES; METROPOLITAN NORTH GEORGIA
WATER PLANNING DISTRICT.
Code Title 12, Chapter 5, Article 10 Enacted. Code Section 12-5-23 Amended.
No. 27 (Senate Bill No. 130).
AN ACT
To amend Chapter 5 of Title 12 of the Official Code of Georgia Annotated, relating to water resources of the state, so as to create the Metropolitan North Georgia Water Planning District; to provide a statement of legislative intent; to provide a statement of purpose; to define certain terms, including the district area; to provide for responsibilities of the district; to provide for governance of the district; to provide for coordinating committees and advisory councils to the district; to provide for watershed and storm-water management planning for the district area; to

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provide for waste-water management planning for the district area; to provide for water supply and conservation management planning for the district area; to promote public education and awareness; to provide for meetings; to provide for a budget and funding; to provide for oversight; to provide for powers and duties of the Board of Natural Resources and the director of the Environmental Protection Division of the Department of Natural Resources with respect to requirements and standards for plans and for water resources; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Chapter 5 of Title 12 of the Official Code of Georgia Annotated, relating to water resources of the state, is amended by adding at its end a new Article 10 to read as follows:
'ARTICLE 10
12-5-570. This article shall be known and may be cited as the 'Metropolitan North Georgia Water Planning District Act.'
12-5-571. (a) The General Assembly recognizes the value of the metropolitan North Georgia area watersheds for water supply, recreation, habitat for fish and wildlife, economic prosperity, and quality of life. The General Assembly finds that adequate supplies of clean water for drinking and other purposes constitute the lifeblood of the metropolitan North Georgia area and are, therefore, essential to the health, welfare, and economic progress of the area. The purpose of this article is to create a planning entity dedicated to developing comprehensive regional and watershed-specific plans to be implemented by local governments in the district. These plans will protect water quality and public water supplies in and downstream of the region, protect recreational values of the waters in and downstream of the region, and minimize potential adverse impacts of development on waters in and downstream of the region. (b) The General Assembly finds that the waters and watersheds of the district are natural resources, environments, and vital areas within the meaning of Article III, Section VI, Paragraph II of the Constitution of the State of Georgia.
12-5-572. (a) There is created the Metropolitan North Georgia Water Planning District. (b) The general purposes of the district shall be to establish policy, create plans, and promote intergovernmental coordination for all water issues in the district; to facilitate multijurisdictional water related projects; and to enhance access to funding for water related projects among local governments in the district area.

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(c) It is the primary purpose of the district to develop regional and watershed-specific plans for storm-water management, waste-water treatment, water supply, water conservation, and the general protection of water quality, which plans will be implemented by local governments in the district.
12-5-573. As used in this article, the term:
(1) 'Board' means the Metropolitan North Georgia Water Planning District Governing Board created under Code Section 12-5-575. (2) 'Director1 means the director of the Environmental Protection Division of the Department of Natural Resources. (3) 'District' means the entity established by this article that shall have planning responsibility for watershed and storm-water management, waste-water management, and water supply and conservation management within the district area. (4) 'District area' means any county which has a population of 500,000 or more according to the 2000 United States decennial census or any future such census and all counties geographically contiguous to any such county; provided, however, that any such contiguous county having population of 100,000 or less according to the 2000 United States decennial census or any future such census may, by majority vote of the governing authority thereof and with the written approval of the director, remove itself from the district area. The district area may be expanded from time to time as provided in this article. (5) 'Local government' means any county or municipality of this state lying in whole or in part within the district area.
12-5-574. (a) The district shall promote regional coordination and cooperation through the exercise of the following powers:
(1) Development of regional and watershed-specific plans for storm-water management taking into account recommendations developed by the basin advisors councils; (2) Development of regional and watershed-specific plans for waste-water management taking into account recommendations developed by the basin advisors councils; (3) Development of regional and watershed-specific plans for water supply and water conservation taking into account recommendations developed by the basin advisors councils; (4) Development of regionally consistent policies, model ordinances, and minimum standards of performance for local governments relating to the creation and implementation of the plans developed by the district; (5) Development and coordination of an effective regional and watershed-specific water quality monitoring program and development and maintenance of a corresponding data base reflecting available monitoring data;

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(6) Establishment of education programs on water quality issues and promotion of water conservation; (7) Identification of funding sources, including without limitation federal funding sources for the creation and implementation of plans provided for under this article; (8) Entry into contracts with both public and private parties in connection with the exercise of the powers and duties of the district; (9) Development of measurable short-term and long-term goals for water quality and conservation improvement; (10) Development of a program to identify and implement structural controls and nonstructural controls needed to achieve the goals for water quality and conservation improvement; and (11) Reviewing and reporting on the progress of implementation of the water plans and achievement of the water goals developed pursuant to this article. (b) Approval by the district of any storm-water management plan, waste-water management plan, water supply and conservation plan, or other plan pursuant to this article shall not obligate any governing authority comprising a part of the district to provide funding for facilities planned or constructed pursuant to such plans which do not provide services to all or a portion of the population of such governing authority proportionate to any cost allocation. (c) No extension of time by the board for preparation of a plan provided for under this article shall exceed six months, nor shall more than one extension be granted for any such plan.
12-5-575. (a) There is established for the management of the business and affairs of the district a Metropolitan North Georgia Water Planning District Governing Board to consist of:
(1) The chairperson of the county commission or the chief executive officer of each county in the district area having a population of 200,000 or more according to the 2000 United States decennial census or any future such census; (2) The mayor of each municipality in the district area having a population of 200,000 or more according to the 2000 United States decennial census or any future such census; (3) A member appointed from each county in the district area not represented pursuant to paragraph (1) of this subsection by a caucus of the county commissioners together with the mayors of municipalities, the majority of the population of which reside within such county and which have water withdrawal permits or waste-water discharge permits, which caucus shall select either one of such mayors or the chairperson of the county commission or chief executive officer of the county; provided, however, that if one or more mayors participate in such selection and said initial appointee is a mayor, the successor must be the chairperson of the county commission or chief executive officer of the county, and if said initial appointment is the chairperson of the county

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commission or chiefexecutive officer ofthe county, the successor must be one of such mayors, and the succession shall accordingly alternate in the future. (4) Six members to be appointed by the Governor; (5) Two members to be appointed by the Lieutenant Governor; and (6) Two members to be appointed by the Speaker of the House of Representatives. (b) Of the initial appointments of the Governor, two shall be for a term of one year, two for a term of two years, and two for a term of three years, and their successors shall serve for terms of three years. Of the initial appointments of the Lieutenant Governor and the Speaker, one shall be for a term of one year and one for a term ofthree years, and their successors shall serve for terms ofthree years. The terms of members serving pursuant to paragraphs (1) and (2) of subsection (a) of this Code section shall be concurrent with their terms of office in their respective counties and municipalities. Of the members initially appointed pursuant to paragraph (3) of subsection (a) of this Code section, one-half, or one more than one-half in the event of an odd number of appointments, shall be selected by lotto serve a two-year term, and the remainder shall serve a three-year term. Their successors shall serve terms of three years. All members of the board shall serve until their successors are appointed and qualified. At no time shall more than one member of the governing authority or executive branch of any county or municipality serve on the board. (c) Any vacancy on the board shall be filled for the remainder of the unexpired term in the same manner as the original appointment to the vacated position. No vacancy on the board shall impair the right of the quorum of the remaining members then in office to exercise all rights and perform all duties of the board. (d) The executive committee of the district shall consist of a chairperson, a vice chairperson, a secretary-treasurer, the members serving pursuant to paragraphs (1) and (2) of subsection (a) of this Code section, and such other members as the board may determine are appropriate from time to time. (e)(l) The initial chairperson and vice chairperson of the board shall be appointed by the Governor from among the membership ofthe board for a term of three years, and thereafter the chairperson and vice chairperson shall be appointed by majority vote of the board for a term of three years. (2) As a qualification for office of chairperson, except for the initial chairperson, he or she shall have served at least one year as a member of the board. No chairperson shall serve in that capacity in excess oftwo consecutive terms. (3) The chairperson shall preside at all meetings of the district. He or she shall be the chief executive officer of the district. (4) The vice chairperson shall serve in the absence of the chairperson and, in addition, shall assist the chairperson and shall perform such other duties as may be assigned by the board. (5) The secretary-treasurer shall be the custodian of the books and records of the district, shall keep the minutes of all meetings, shall be the chief fiscal

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officer of the district, and shall perform such other duties as may be assigned by the board.
12-5-576. (a) The board shall meet at least six times per year at a time and place set forth in the minutes of the district and at such other times as the chairperson may direct. All such meetings shall be open to the public. (b) A majority of the members to which the board is entitled shall constitute a quorum. (c) Once a quorum has been established, a majority of the members to which the board is entitled shall be required to adopt any matter before the district. (d) Each member of the board shall have one vote to be cast in person, and there shall be no voting by proxy; provided, however, that each member serving on the board pursuant to the provisions of paragraphs (1), (2), and (3) of subsection (a) of Code Section 12-5-575 shall be entitled to designate in writing to the chairperson of the board an alternate who may exercise any of the powers and discharge any ofthe duties of such member provided for in this article, including voting, in the absence of such member, other than serving as chairperson, vice chairperson, or secretary-treasurer of the board. (e) The district, by a majority vote of those members of the board present, may go into executive session for the purposes of discussing personnel matters, meeting with attorneys representing the district in adversarial or potentially adversarial situations, and for any other purpose authorized by and consistent with Chapter 14 of Title 50.
12-5-577. (a) Prior to July 1 each year, the officers of the board shall submit to the district for adoption a preliminary budget required for the operation of the district during the ensuing calendar year, which shall also be the fiscal year. (b) Funding for the district operations shall be derived from the following sources:
(1) Dues paid by cities and counties within the district such that the aggregate total of all such dues from all such cities and counties shall be no less than $1 million annually. Such fees shall be raised on a per capita assessment or water-usage fee basis or based on a formula adopted and approved by the local government members of the district; and (2) Appropriated or contracted state funds. (c) The district is specifically empowered to contract or otherwise participate in and to accept grants, funds, gifts, or services from any federal, state, or local government or its agencies or instrumentalities and from private and civic sources and to expend funds received therefrom under provisions as may be required and agreed upon by the district in connection with any program or purpose for which the district exists.

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(d) All funds of the district not otherwise employed shall be deposited from time to time to the credit of the district in such banks, trust companies, or other depositories as the district may select.
12-5-578. Any county or municipality adjoining a member county or municipality shall be added to the district area upon the application of such entity to be included in the district by resolution of its governing authority and upon approval ofthe director.
12-5-579. (a) The district staff shall consist initially of the existing staff of the Environmental Planning Division of the Atlanta Regional Commission. Additional staff may be added or the staffing modified as necessary to fulfill the responsibilities of the district. The district may contract for such additional staff and consulting services as the board in its discretion may determine to be necessary from time to time. (b) The Atlanta Regional Commission, the Georgia Mountains Regional Development Center, the Coosa Valley Regional Development Center, the Chartahoochee-Flint Regional Development Center, and the Northeast Georgia Regional Development Center shall cooperate with the district and shall assist it in its efforts.
12-5-580.
(a) The board shall create one or more technical coordinating committees comprised primarily of water and waste-water officials from counties, cities, and authorities in the district. Such committees shall provide additional support to the board and staff for specific areas and issues such as water treatment, waste-water treatment, and storm-water management. (b) The board shall create a finance committee which shall meet with the boards and staffs of the Georgia Environmental Facilities Authority, the Department of Community Affairs, and the Department of Natural Resources for the purpose of developing recommendations for a funding structure for the district and for projects included in the district plans developed pursuant to this article, and that authority and those departments, their boards, and staffs are directed to cooperate with the district in developing such recommendations. The board shall consider the recommendations of the finance committee and forward them as adopted or amended to the Governor, the Lieutenant Governor, the Speaker of the House of Representatives, and the chairpersons of the Senate Natural Resources Committee and the House Natural Resources and Environment Committee not later than December 1, 2001. Such recommendations may be updated and revised from time to time thereafter.
12-5-581. (a) The board shall create separate advisory councils for the Chattahoochee, Etowah, Flint, Oconee, and Ocmulgee river basins and the Lake Lanier Basin.

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The Etowah River Basin Advisory Council shall include the Lake Allatoona Preservation Authority as a member. The Lake Lanier Basin Advisory Council shall include at least one member appointed by the Lake Lanier Association, Inc. Each basin advisory council shall be comprised of a minimum of 20 individuals. These individuals shall be from within the district area as well as from outside the district area, upstream and downstream of the district; provided, however, that such persons shall reside within the river basin. Each river basin shall be defined as those lands lying between the ridgelines dividing each river drainage from another. These representatives shall be selected and shall serve based upon procedures and rules established by the board. (b) The director shall create two additional basin advisor)' councils each comprised of a minimum of 20 individuals. One council shall consist of individuals representing the watersheds upstream of the district and one council shall consist of individuals representing the watersheds downstream of the district. The director shall solicit the recommendation of the House Committee on Natural Resources and the Environment and the Senate Natural Resources Committee as to the membership of such councils. (c) Each basin advisory council shall have a chairperson and such other officers as necessary and convenient. Each chairperson shall be entitled to attend and comment at any meeting of the board. (d) The basin advisory councils shall advise the district in the development and implementation of policy, provide input to the director concerning the development of minimum elements and standards for plans provided for under this article, and provide input on the content of plans provided for under this article as such plans are developed. (e) The board chairperson shall appoint one or more board members to convene meetings of the advisory basin councils on a regular schedule established by the board; provided, however, that there shall be a minimum of four scheduled meetings per year. The district shall provide advance drafts of such plans or recommendations as it may make pursuant to this article to basin advisory councils for review and input, and the basin advisory councils shall prepare reports and recommendations for consideration by the district in formulating any plan or taking any other action provided for under this article. Each basin advisory council shall further provide input to the district concerning the development of minimum elements and standards for plans provided for under this article relating to its specific river basin.
12-5-582. (a) Within one year after the effective date of this article, unless such time period is extended by majority vote of the board, the district shall prepare for public comment one or more model ordinances for local governments designed to provide for effective storm-water management. Such model ordinances shall also include minimum design and development standards for local development as it may affect storm-water run-off quality and storm-water conveyance and

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infrastructure standards applicable to local governments. Upon receipt of public comment, the district shall finalize the model ordinances and publish the same, (b) Within two years after the effective date of this article, unless such time period is extended by majority vote of the board, the district shall prepare for public comment a district-wide watershed management plan containing elements common to all watersheds within the district and containing within it watershed-specific components for watershed management. The plan shall build upon and be coordinated with existing watershed planning efforts undertaken by local governments and other entities in the district area and plans otherwise developed under this title. After receipt of public comment, the district shall approve the plan which shall meet all standards established by the director and shall include the following elements:
(1) Appropriate standards and methodologies for monitoring water quality and maintaining and organizing an inventory of collected water quality data; (2) Descriptions of current pollutant loads by source categories, subsource categories, and specific sources where identifiable; (3) Forecasts of potential future pollutant load increases by virtue of new development, growth, or other changes in watershed activities; (4) Identification of streams or bodies of water within the applicable watershed having or requiring total maximum daily loads under applicable federal regulations; provisions for incorporating into the watershed-specific plan any implementation plan for total maximum daily loads as established by the director; and provisions to ensure that the watershed-specific plan conforms to requirements for implementation plans for streams requiring total maximum daily loads, such that said watershed-specific plan could be readily utilized by the director to meet applicable federal requirements for implementation plans for total maximum daily loads; (5) Establishment of priorities for protecting watershed resources and for obtaining pollutant load reductions or preventing future pollutant load increases, or both, and an explanation of the rationale for such priorities; (6) Identification of specific effective control programs and strategies including specific regulatory or voluntary actions to attain and maintain applicable water quality standards, including any pollutant load reductions mandated by implementation plans for total maximum daily loads; identification of specific public or private organizational responsibility for carrying out such control programs or voluntary actions, including without limitation instances where control programs require coordination among multiple jurisdictions, such that there are reasonable assurances that applicable water quality standards will be attained or maintained, or both; (7) The model ordinances established under subsection (a) ofthis Code section and any recommended additions or modifications to such model ordinances, if appropriate, to provide additional measures to improve storm-water run-off quality, including without limitation, requirements to retrofit or modify existing developments in order to improve storm-water run-off quality;

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(8) Recommended changes to state or local laws, regulations, or ordinances necessary to implement the plans; (9) A timetable for implementation of necessary elements of the plans for each jurisdiction including description of annual, measurable milestones for determining whether identified measures are being implemented; (10) Estimates of costs and identification of potential sources of funding necessary for implementation of the plans; (11) Education and public awareness measures regarding watershed protection; and (12) Establishment of short-term and long-term goals to be accomplished by the plan and measures for the assessment of progress in accomplishing such goals and plan. (c) The district shall review the watershed management plan and its implementation annually to determine whether there is a need to update such plan and shall report to the director the progress of implementation of its goals, and in any case the district shall prepare an updated watershed management plan no less frequently than every five years after final ization of the initial plan. (d) The district shall hold public meetings concerning any plan or updated plan developed by the district under subsection (a), (b), or (c) of this Code section and shall publ ish for public notice and comment any proposed approval, disapproval, or conditional approval of any such plan. (e)( 1) Local governments within the district shall implement the provisions of the district plans that apply to them. Should any jurisdiction fail to do so, the director shall exercise his or her powers pursuant to this chapter. (2) Upon the district's approval of the plan, the director may modify all existing permits under Code Sections 12-5-29, 12-5-30, 12-5-31, 12-5-96, 12-5-97, and 12-5-179 and any NPDES Phase I or Phase II General Stormwater permits to make them consistent with the plan. The director may include as a condition in any issued, modified, or renewed permit to any local government under Code Section 12-5-29, 12-5-30,12-5-31, 12-5-96,12-5-97, or 12-5-179 or any N PDES Phase I or Phase 11 General Stormwater permit the applicable contents of the district plan. (3) The director shall not approve any application by a local government in the district to issue, modify, or renew a permit under Code Section 12-5-29, 12-5-30, 12-5-31, 12-5-96, 12-5-97, or 12-5-179, if such permit would allow an increase in the permitted water withdrawal, public water system capacity, or waste-water treatment system capacity of such local government, or any NPDES Phase I or Phase II General Stormwater permit, unless such local government is in compliance with the applicable provisions of the plan or the director certifies to the board that such local government is making good faith efforts to come into such compliance. (4) Any local government that fails to adopt substantially the applicable model storm-water ordinance developed by the district under subsection (a) of this Code section, or something at least as effective as said model ordinance, and any local government that fails to adopt and implement the applicable plans

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developed by the district under this Code section shall be ineligible for state grants or loans for storm-water related projects determined by the director to be inconsistent with the terms of such model ordinance or such plans. The determination of the director may be appealed by the local government to the board, whose decision by majority vote shall be final. (f) The watershed management plan shall be approved by the district only after certification by the director that the proposed plan is consistent with standards established by the director for such plan. (g) Upon publication of the model ordinance of subsection (a) of this Code section, the district will coordinate a program to be administered by the Environmental Protection Division of the Department of Natural Resources to train local elected officials and other local personnel in uniform standards forthe reduction or elimination of nonpoint source pollution. To the extent authorized by law, the Environmental Protection Division of the Department of Natural Resources shall ensure local government compliance with the model ordinance or equally effective ordinances.
12-5-583. (a) Within one year after the effective date of this article, unless such time period is extended by majority vote of the board, the district shall develop a short-term plan to ease immediate waste-water capacity constraints and to reduce the need for sewer tap moratoria. (b) Within two years after the effective date of this article, unless such time period is extended by majority vote of the board, the district shall develop a long-term waste-water management plan for the district covering a period of time of no less than 20 years. The plan shall be coordinated with and address any existing waste-water planning efforts undertaken by local governments in the district area and plans otherwise developed under this title. After receipt of public comments, the district shall approve the plan which shall meet all standards established by the director, and the plan shall consist of the following minimum elements:
(1) Identification of anticipated waste-water treatment capacity requirements over the life of the plan; (2) Recommended future upgrades and expansions of existing waste-water treatment facilities; (3) Measures to maximize efficiency through multijurisdictional approaches to avoid duplication of efforts and unnecessary costs; (4) A timetable for phasing out existing plants if appropriate; upgrading or expanding existing plants; and construction of new plants; (5) An inspection and maintenance program for sewer collection systems with timetables for any necessary upgrades or replacement of substandard segments of such systems; (6) An inspection and maintenance program for septic tanks in critical areas and recommendations for effective management of decentralized wastewater system;

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(7) Identification of appropriate opportunities for gray-water reuse or the implementation of other technologies to increase waste-water treatment capacity or efficiency; (8) Education and public awareness measures regarding waste-water management; and (9) Establishment of short-term and long-term goals to be accomplished by the plan and measures for the assessment of progress in accomplishing such goals and plan. (c) The district shall review the waste-water management plan developed under subsection (b) of this Code section and its implementation annually to determine whether there is a need to update such plan and shall report to the director the progress of implementation of its goals, and in any case the district shall prepare an updated waste-water management plan no less frequently than every five years after the director's approval of the initial plan. (d) The district shall hold public meetings concerning any plan or updated plan developed by the district under this Code section and shall publish for public notice and comment any proposed approval, disapproval, or conditional approval of any such plan. (e)( 1) Local governments within the district shall implement the provisions of the district plans that apply to them. Should any jurisdiction fail to do so, the director may exercise his or her powers pursuant to this chapter. (2) Upon the district's approval of the plan, the director may modify all existing permits under Code Sections 12-5-29, 12-5-30, 12-5-31, 12-5-96, 12-5-97, and 12-5-179 to make them consistent with the plan. The director may include as a condition in any issued, modified, or renewed permit to any local government under Code Section 12-5-29, 12-5-30, 12-5-31, 12-5-96, 12-5-97, or 12-5-179 the applicable contents of the district plan. (3) The director shall not approve any application by a local government in the district to issue, modify, or renew a permit under Code Section 12-5-29, 12-5-30, 12-5-31, 12-5-96, 12-5-97, or 12-5-179, if such permit would allow an increase in the water withdrawal, public water system capacity, or waste-water treatment system capacity of such local government, unless such local government is in compliance with the applicable provisions of the plan or the director certifies that such local government is making good faith efforts to come into compliance. (4) Any local government that fails to adopt and implement the applicable plans developed by the district under this Code section shall be ineligible for state grants or loans for waste-water related projects determined by the director to.be inconsistent with the terms of such plan. The determination of the director may be appealed by the local government to the board, whose decision by majority vote shall be final. (f) The waste-water management plan shall be approved by the district only after certification by the director that the proposed plan is consistent with the standards established by the director for such plan.

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12-5-584. (a) Within two years after the effective date of this article, unless such time period is extended by majority vote of the board, the district shall prepare a water supply and water conservation management plan. The plan shall build upon and be coordinated with existing watershed planning efforts undertaken by local governments in the district area and plans otherwise developed by the state. After receipt of public comments, the district shall approve the plan which shall meet all standards established by the director, and the plan shall include the following minimum elements:
(1) A description of current water supply resources within the district and potential limitations on such supply resources; (2) Projected water supply requirements over a 20 year period for the district, including projections given differing population, consumption, and conservation scenarios; (3) Identification of opportunities to expand water supply resources which are found within the district as it was defined at the time of the effective date of this Act; (4) An accounting of existing transfers of surface waters in excess of 100,000 gallons per day on an annualized basis across natural basins within the district; (5) A water conservation program including voluntary measures, best management practices, and measures enforceable through local ordinances; (6) Education and public awareness measures regarding water conservation; and (7) Establishment of short-term and long-term goals to be accomplished by the plan and measures for the assessment of progress in accomplishing such goals and plan. (b) The district shall review the water supply and water conservation management plan developed under this Code section and its implementation annually to determine whether there is a need to update such plan and shall report to the director the progress of implementation of its goals, and in any case the district shall prepare an updated water supply and water conservation management plan no less frequently than every five years after approval of the initial plan. (c) The district shall hold public meetings concerning any plan developed by the district under subsection (a) of this Code section and shall publish for public notice and comment any proposed approval, disapproval, or conditional approval of any such plan. (d)( 1) Local governments within the district shall implement the provisions of the district plans that apply to them. Should any jurisdiction fail to do so, the director may exercise his or her powers pursuant to this chapter. (2) Upon the district's approval of the plan, the director may modify all existing permits under Code Sections 12-5-29, 12-5-30, 12-5-31, 12-5-96, 12-5-97, and 12-5-179 to make them consistent with the plan. The director may include as a condition in any issued, modified, or renewed permit to any

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local government under Code Section 12-5-29, 12-5-30, 12-5-31, 12-5-96, 12-5-97, or 12-5-179 the applicable contents of the district plan. (3) The director shall not approve any application by a local government in the district to issue, modify, or renew a permit under Code Section 12-5-29, 12-5-30, 12-5-31, 12-5-96, 12-5-97, or 12-5-179, if such permit would allow an increase in the water withdrawal, public water system capacity, or waste-water treatment system capacity of such local government, unless such local government is in compliance with the applicable provisions of the plan or the director certifies that such local government is making good faith efforts to come into compliance. (4) Any local government that fails to adopt and implement the applicable plans developed by the district under this Code section shall be ineligible for state grants or loans for water supply and conservation projects determined by the director to be inconsistent with such plans. The determination of the director may be appealed by the local government to the board, whose decision by majority vote shall be final. (e) The water supply and water conservation management plan shall be approved by the district only after certification by the director that the proposed plan is consistent with the standards established by the director for such plan. (f) The district shall neither study nor include in any plan any interbasin transfer of water from outside the district area.
12-5-585. Any district plan required to include an element of education and public awareness shall describe those measures to be taken by the district and recommendations for measures to be taken by other state agencies or local governments, by public education institutions, or by any other public or semi-public entity. The district shall make these recommendations known to the affected entities and strive to coordinate educational and public awareness efforts. The district's efforts shall be designed to reach 75 to 90 percent of the population in the district within five years.
12-5-586. The district shall submit a written report not later than December 31 of each year to the Governor, the Lieutenant Governor, the Speaker of the House of Representatives, the chairperson of the House Committee on Natural Resources and Environment, and the chairperson of the Senate Natural Resources Committee, which report shall contain a detailed account of the activities and progress of the district throughout the previous year and an accurate accounting of all funds received and expended by the district and of the implementation of plans and attainment of goals."
SECTION 2. Code Section 12-5-23, relating to powers and duties to control water pollution and surface-water use, is amended by striking the word "and" at the end of

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subparagraph (a)(l)(Q); by adding the word "and" at the end of subparagraph (a)(l)(R); and by adding a new subparagraph (a)(l)(S) to read as follows:
"(S) Establishing requirements for units of local government which have waste-water discharge permits that allow a discharge of at least one million gallons per day to submit to the director for approval watershed assessments and watershed protection plans for areas within their political boundaries and for implementation of such plans;'.
SECTION 3. Said Code Section 12-5-23 is further amended by striking the word "and" at the end of paragraph (14) of subsection (c); by replacing the period at the end of paragraph (15) of subsection (c) with the symbol and word "; and"; and by adding a new paragraph (16) of subsection (c) to read as follows:
"(16) Establish the standards for water plans prepared by the Metropolitan North Georgia Planning District and certify such plans as consistent or inconsistent with such standards. Such standards shall include but shall not be limited to the following objectives: maintaining water quality in all streams and public lakes that meet state water quality standards; improving water quality in all streams and public lakes that do not meet state water quality standards; and maintaining appropriate levels of stream flow downstream of new or expanding surface-water withdrawal facilities."
SECTION 4. This Act shall become effective on May 1, 2001.
SECTION 5. All laws and parts of laws in conflict with this Act are repealed.
Approved Aprils, 2001.
DOMESTIC RELATIONS - CHILD CUSTODY PROCEEDINGS.
Code Title 19, Chapter 9 Revised.
No. 28 (Senate Bill No. 118).
AN ACT
To amend Chapter 9 of Title 19 ofthe Official Code ofGeorgia Annotated, relating to child custody proceedings, so as to repeal the "Uniform Child Custody Jurisdiction Act"; to enact the "Uniform Child Custody Jurisdiction Enforcement Act"; to provide a short title, definitions, and exemptions from the Act; to provide

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how courts of this state shall treat Indian tribes and foreign countries in child custody proceedings and enforcement of child custody determinations; to provide which persons are bound by child custody determinations under the Act; to provide for priority on the calendar for questions relating to the existence or exercise of jurisdiction; to provide for notice and proof of service; to provide for limited immunity from personal jurisdiction for certain other proceedings for persons participating in certain child custody proceedings; to provide for communication between a court of this state and a court of another state, for consultation of certain registries, and for related records and procedures; to provide for testimony of witnesses located in another state and for testimony, deposition, and the transmittal of documentary evidence by electronic and technological means; to provide for cooperation between courts with regard to hearings, orders, evaluations, appearances, transcripts, and evidence; to provide for the assessment or award of certain expenses; to provide for preservation of the pleadings and records relating to child custody and provision of certified copies thereof; to provide for jurisdiction in child custody proceedings, including initial determinations and modifications; to provide for exclusive, continuing jurisdiction and temporary, emergency jurisdiction; to provide for joinder and intervention; to provide for instances when a court may not exercise jurisdiction; to provide for stays in certain circumstances; to provide for optional and mandatory declining to exercise jurisdiction and related procedures, factors in determining whether to decline, determinations of inconvenient forum or unjustifiable conduct by a person seeking to invoke jurisdiction, and remedies to ensure safety of the child and prevent further such conduct; to require specified information in each party's first pleading or an attached affidavit; to provide that disclosure of the name and state of a family violence shelter is sufficient; to provide for examination of the parties under oath by the court; to provide for sealing of certain information upon an allegation that the health, safety, or liberty of a party or child would be jeopardized by disclosure and for a hearing in connection therewith; to authorize the court to order or direct appearances of parties and the child and to enter orders necessary to ensure safety; to provide for enforcement of an order for the return of a child under the Hague Convention on the Civil Aspects of International Child Abduction and for enforcement of child custody determinations of other states; to provide for remedies and temporary orders enforcing visitation; to provide for orders to ensure safety; to provide for registration of child custody determinations of other states and procedures connected with documents, filing as a foreign judgment, notice, hearings to contest the validity of such orders, and confirmation of registered orders; to provide for enforcement of registered child custody determinations and for procedures for enforcement commenced when a proceeding to modify is pending; to provide for verification and content of petitions for enforcement; to provide for hearings, notice, service, orders, the proof respondent may offer, and circumstances when the court shall order immediate change of physical custody; to provide for additional relief; to permit an adverse inference from refusal to testify on the ground that testimony may be self-incriminating; to prohibit the invocation of certain privileges and immunities in enforcement proceedings; to provide for

_____________GEORGIA LAWS 2001 SESSION___________13J.
applications and hearings for warrants to take physical custody of the child in certain circumstances and for issuance, contents, and service of such warrants; to provide for authorization of entry on private property and forcible entry in certain circumstances; to provide for conditions to ensure appearances; to provide for full faith and credit to certain enforcement orders from other states; to provide for appeals from final orders under expedited appellate procedures; to authorize the district attorney to take specified actions on behalf of the court in certain circumstances; to authorize certain actions by law enforcement officers; to provide for application and construction; to provide for conflicts with Article 2 of the chapter, the "Georgia Child Custody Intrastate Jurisdiction Act of 1978"; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Chapter 9 of Title 19 of the Official Code of Georgia Annotated, relating to child custody proceedings, is amended by striking in its entirety Article 3, the "Uniform Child Custody Jurisdiction Act," and inserting in lieu thereof the following:
"ARTICLE 3 Part 1
19-9-40. This article may be cited as the 'Uniform Child Custody Jurisdiction and Enforcement Act.'
19-9-41.
In this article: (1) 'Abandoned' means left without provision for reasonable and necessary care or supervision. (2) 'Child' means an individual who has not attained 18 years of age. (3) 'Child custody determination' means a judgment, decree, or other order of a court providing for the legal custody, physical custody, or visitation with respect to a child. The term includes a permanent, temporary, initial, and modification order. The term does not include an order relating to child support or other monetary obligations of an individual. (4) 'Child custody proceeding' means a proceeding in which legal custody, physical custody, or visitation with respect to a child is an issue. The term includes a proceeding for divorce, separation, neglect, abuse, dependency, guardianship, paternity, termination of parental rights, and protection from family violence, in which the issue may appear. The term does not include a proceeding involving juvenile delinquency, contractual emancipation, or enforcement under Part 3 of this article. (5) 'Commencement' means the filing of the first pleading in a proceeding.

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(6) 'Court' means an entity authorized under the law of a state to establish, enforce, or modify a child custody determination. (7) 'Home state' means the state in which a child lived with a parent or a person acting as a parent for at least six consecutive months immediately before the commencement of a child custody proceeding. In the case of a child less than six months of age, the term means the state in which the child lived from birth with any of the persons mentioned. A period of temporary absence of any of the mentioned persons is part of the period. (8) 'Initial determination' means the first child custody determination concerning a particular child. (9) 'Issuing court' means the court that makes a child custody determination for which enforcement is sought under this article. (10) 'Issuing state' means the state in which a child custody determination is made. (11) 'Modification' means a child custody determination that changes, replaces, supersedes, or is otherwise made after a previous determination concerning the same child, whether or not it is made by the court that made the previous determination. (12) 'Person' means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, government; governmental subdivision, agency, or instrumentality; public corporation; or any other legal or commercial entity. (13) 'Person acting as a parent' means a person, other than a parent, who:
(A) Has physical custody of the child or has had physical custody for a period of six consecutive months, including any temporary absence, within one year immediately before the commencement of a child custody proceeding; and (B) Has been awarded legal custody by a court or claims a right to legal custody under the law of this state. (14) 'Physical custody' means the physical care and supervision of a child. (15) 'State' means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States. (16) Tribe' means an Indian tribe or band or Alaskan Native village which is recognized by federal law or formally acknowledged by a state. (17) 'Warrant' means an order issued by a court authorizing law enforcement officers to take physical custody of a child.
19-9-42.
This article does not govern an adoption proceeding or a proceeding pertaining to the authorization of emergency medical care for a child.

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19-9-43. (a) A child custody proceeding that pertains to an Indian child as defined in the Indian Child Welfare Act, 25 U.S.C. Section 1901 et seq., is not subject to this article to the extent that it is governed by the Indian Child Welfare Act. (b) A court of this state shall treat a tribe as if it were a state of the United States for the purpose of applying this part and Part 2 of this article. (c) A child custody determination made by a tribe under factual circumstances in substantial conformity with the jurisdictional standards of this article must be recognized and enforced under Part 3 of this article.
19-9-44. (a) A court of this state shall treat a foreign country as if it were a state of the United States for the purpose of applying this part and Part 2 of this article. (b) Except as otherwise provided in subsection (c) of this Code section, a child custody determination made in a foreign country under factual circumstances in substantial conformity with the jurisdictional standards of this article must be recognized and enforced under Part 3 of this article. (c) A court of this state need not apply this article if the child custody law of a foreign country violates fundamental principles of human rights.
19-9-45. A child custody determination made by a court of this state that had jurisdiction under this article binds all persons who have been served in accordance with the laws of this state or notified in accordance with Code Section 19-9-47 or who have submitted to the jurisdiction of the court, and who have been given an opportunity to be heard. As to those persons, the determination is conclusive as to all decided issues of law and fact except to the extent the determination is modified.
19-9-46. If a question of existence or exercise ofjurisdiction under this article is raised in a child custody proceeding, the question, upon request of a party, must be given priority on the calendar and handled expeditiously.
19-9-47. (a) Notice required for the exercise ofjurisdiction when a person is outside this state may be given in a manner prescribed by the law of this state for service of process or by the law of the state in which the service is made. Notice must be given in a manner reasonably calculated to give actual notice but may be by publication if other means are not effective. (b) Proof of service may be made in the manner prescribed by the law of this state or by the law of the state in which the service is made. (c) Notice is not required for the exercise ofjurisdiction with respect to a person who submits to the jurisdiction of the court.

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19-9-48.
(a) A party to a child custody proceeding, including a modification proceeding, or a petitioner or respondent in a proceeding to enforce or register a child custody determination is not subject to personal jurisdiction in this state for another proceeding or purpose solely by reason of having participated, or of having been physically present for the purpose of participating, in the proceeding. (b) A person who is subject to personal jurisdiction in this state on a basis other than physical presence is not immune from service of process in this state. A party present in this state who is subject to the jurisdiction of another state is not immune from service of process allowable under the laws of that state. (c) The immunity granted by subsection (a) of this Code section does not extend to civil litigation based on acts unrelated to the participation in a proceeding under this article committed by an individual while present in this state.
19-9-49.
(a) A court of this state may communicate with a court in another state concerning a proceeding arising under this article and concerning any proceeding or court order in another state relating to family violence. A court of this state may consult any state or national registry of court orders relating to family violence with regard to any party. (b) The court may allow the parties to participate in the communication. If the parties are not able to participate in the communication, they must be given the opportunity to present facts and legal arguments before a decision on jurisdiction is made. (c) Communication between courts on schedules, calendars, court records, and similar matters may occur without informing the parties. A record need not be made of the communication. (d) Except as otherwise provided in subsection (c) of this Code section, a record must be made of any communication under this Code section. The parties must be informed promptly of the communication and granted access to the record. (e) For the purposes of this Code section, 'record' means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form.
19-9-50.
(a) In addition to other procedures available to a party, a party to a child custody proceeding may offer testimony of witnesses who are located in another state, including testimony of the parties and the child, by deposition or other means allowable in this state for testimony taken in another state. The court on its own motion may order that the testimony of a person be taken in another state and may prescribe the manner in which and the terms upon which the testimony is taken. (b) A court of this state may permit an individual residing in another state to be deposed or to testify by telephone, audiovisual means, or other electronic means before a designated court or at another location in that state. A court of this state

____________GEORGIA LAWS 2001 SESSION___________135
shall cooperate with courts of other states in designating an appropriate location for the deposition or testimony. (c) Documentary evidence transmitted from another state to a court of this state by technological means that do not produce an original writing may not be excluded from evidence on an objection based on the means of transmission.
19-9-51.
(a) A court of this state may request the appropriate court of another state to: (1) Hold an evidentiary hearing; (2) Order a person to produce or give evidence pursuant to procedures of that state; (3) Order that an evaluation be made with respect to the custody of a child involved in a pending proceeding; (4) Forward to the court of this state a certified copy of the transcript of the record of the hearing, the evidence otherwise presented, and any evaluation prepared in compliance with the request; and (5) Order a party to a child custody proceeding or any person having physical custody of the child to appear in the proceeding with or without the child.
(b) Upon request of a court of another state, a court of this state may hold a hearing or enter an order described in subsection (a) of this Code section. (c) Travel and other necessary and reasonable expenses incurred under subsections (a) and (b) of this Code section may be assessed against the parties according to the law of this state. (d) A court of this state shall preserve the pleadings, orders, decrees, records of hearings, evaluations, and other pertinent records with respect to a child custody proceeding until the child attains 18 years of age. Upon appropriate request by a court or law enforcement official of another state, the court shall forward a certified copy of those records.
Part 2
19-9-61. (a) Except as otherwise provided in Code Section 19-9-64, a court of this state has jurisdiction to make an initial child custody determination only if:
(1) This state is the home state of the child on the date of the commencement of the proceeding, or was the home state of the child within six months before the commencement of the proceeding and the child is absent from this state but a parent or person acting as a parent continues to live in this state; (2) A court of another state does not have jurisdiction under paragraph (1) of this subsection, or a court of the home state of the child has declined to exercise jurisdiction on the ground that this state is the more appropriate forum under Code Section 19-9-67 or 19-9-68 and:
(A) The child and the child's parents, or the child and at least one parent or a person acting as a parent, have a significant connection with this state other than mere physical presence; and

136_________GENERAL ACTS AND RESOLUTIONS___________
(B) Substantial evidence is available in this state concerning the child's care, protection, training, and personal relationships; (3) All courts having jurisdiction under paragraph (1) or (2) of this subsection have declined to exercise jurisdiction on the ground that a court of this state is the more appropriate forum to determine the custody of the child under Code Section 19-9-67 or 19-9-68; or (4) No court of any other state would have jurisdiction under the criteria specified in paragraph (1), (2), or (3) of this subsection. (b) Subsection (a) of this Code section is the exclusive jurisdictional basis for making a child custody determination by a court of this state. (c) Physical presence of, or personal jurisdiction over, a party or a child is not necessary or sufficient to make a child custody determination.
19-9-62. (a) Except as otherwise provided in Code Section 19-9-64, a court of this state which has made a child custody determination consistent with Code Section 19-9-61 or 19-9-63 has exclusive, continuing jurisdiction over the determination until:
(1) A court of this state determines that neither the child nor the child's parents or any person acting as a parent has a significant connection with this state and that substantial evidence is no longer available in this state concerning the child's care, protection, training, and personal relationships; or (2) A court of this state or a court of another state determines that neither the child nor the child's parents or any person acting as a parent presently resides in this state. (b) A court of this state which has made a child custody determination and does not have exclusive, continuing jurisdiction under this Code section may modify that determination only if it has jurisdiction to make an initial determination under Code Section 19-9-61.
19-9-63. Except as otherwise provided in Code Section 19-9-64, a court of this state may not modify a child custody determination made by a court of another state unless a court of this state has jurisdiction to make an initial determination under paragraph (1) or (2) of subsection (a) of Code Section 19-9-61 and:
(1) The court of the other state determines it no longer has exclusive, continuing jurisdiction under Code Section 19-9-62 or that a court of this state would be a more convenient forum under Code Section 19-9-67; or (2) A court of this state or a court of the other state determines that neither the child nor the child's parents or any person acting as a parent presently resides in the other state.
19-9-64.
(a) A court of this state has temporary emergency jurisdiction if the child is present in this state and the child has been abandoned or it is necessary in an

____________GEORGIA LAWS 2001 SESSION__________137
emergency to protect the child because the child or a sibling or parent of the child is subjected to or threatened with mistreatment or abuse. (b) If there is no previous child custody determination that is entitled to be enforced under this article and a child custody proceeding has not been commenced in a court of a state having jurisdiction under Code Sections 19-9-61 through 19-9-63, a child custody determination made under this Code section remains in effect until an order is obtained from a court of a state having jurisdiction under Code Sections 19-9-61 through 19-9-63. If a child custody proceeding has not been or is not commenced in a court of a state having jurisdiction under Code Sections 19-9-61 through 19-9-63, a child custody determination made under this Code section becomes a final determination, if it so provides and this state becomes the home state of the child. (c) If there is a previous child custody determination that is entitled to be enforced under this article, or a child custody proceeding has been commenced in a court ofa state havingjurisdiction under Code Sections 19-9-61 and 19-9-63, any order issued by a court of this state under this Code section must specify in the order a period that the court considers adequate to allow the person seeking an order to obtain an order from the state havingjurisdiction under Code Sections 19-9-61 through 19-9-63. The order issued in this state remains in effect until an order is obtained from the other state within the period specified or the period expires. (d) A court of this state which has been asked to make a child custody determination under this Code section, upon being informed that a child custody proceeding has been commenced in, or a child custody determination has been made by, a court of a state having jurisdiction under Code Sections 19-9-61 through 19-9-63, shall immediately communicate with the other court. A court of this state which is exercising jurisdiction pursuant to Code Sections 19-9-61 through 19-9-63, upon being informed that a child custody proceeding has been commenced in, or a child custody determination has been made by, a court of another state under a statute similar to this Code section, shall immediately communicate with the court of that state to resolve the emergency, protect the safety of the parties and the child, and determine a period for the duration of the temporary order.
19-9-65.
(a) Before a child custody determination is made under this article, notice and an opportunity to be heard in accordance with the standards of Code Section 19-9-47 must be given to all persons entitled to notice under the law of this state as in a child custody proceeding between residents ofthis state, any parent whose parental rights have not been previously terminated, and any person having physical custody of the child. (b) This article does not govern the enforceability of a child custody determination made without notice or an opportunity to be heard.

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(c) The obligation to join a party and the right to intervene as a party in a child custody proceeding under this article are governed by the law of this state as in child custody proceedings between residents of this state.
19-9-66.
(a) Except as otherwise provided in Code Section 19-9-64, a court of this state may not exercise its jurisdiction under this pan if, at the time of the commencement of the proceeding, a proceeding concerning the custody of the child has been commenced in a court of another state having jurisdiction substantially in conformity with this article; unless the proceeding has been terminated or is stayed by the court of the other state because a court of this state is a more convenient forum under Code Section 19-9-67. (b) Except as otherwise provided in Code Section 19-9-64, a court of this state, before hearing a child custody proceeding, shall examine the court documents and other information supplied by the parties pursuant to Code Section 19-9-69. If the court determines that a child custody proceeding has been commenced in a court in another state having jurisdiction substantially in accordance with this article, the court of this state shall stay its proceeding and communicate with the court of the other state. If the court of the state having jurisdiction substantially in accordance with this article does not determine that the court of this state is a more appropriate forum, the court of this state shall dismiss the proceeding. (c) In a proceeding to modify a child custody determination, a court of this state shall determine whether a proceeding to enforce the determination has been commenced in another state. If a proceeding to enforce a child custody determination has been commenced in another state, the court may:
(1) Stay the proceeding for modification pending the entry of an order of a court of the other state enforcing, staying, denying, or dismissing the proceeding for enforcement; (2) Enjoin the parties from continuing with the proceeding for enforcement; or (3) Proceed with the modification under conditions it considers appropriate.
19-9-67.
(a) A court of this state which has jurisdiction under this article to make a child custody determination may decline to exercise its jurisdiction at any time if it determines that it is an inconvenient forum under the circumstances and that a court of another state is a more appropriate forum. The issue of inconvenient forum may be raised upon motion of a party, the court's own motion, or request of another court. (b) Before determining whether it is an inconvenient forum, a court of this state shall consider whether it is appropriate for a court of another state to exercise jurisdiction. For this purpose, the court shall allow the parties to submit information and shall consider all relevant factors, including:
(1) Whether family violence has occurred and is likely to continue in the future and which state could best protect the parties and the child;

____________GEORGIA LAWS 2001 SESSION__________139
(2) The length of time the child has resided outside this state; (3) The distance between the court in this state and the court in the state that would assume jurisdiction; (4) The relative financial circumstances of the parties; (5) Any agreement of the parties as to which state should assume jurisdiction; (6) The nature and location of the evidence required to resolve the pending litigation, including testimony of the child; (7) The ability of the court of each state to decide the issue expeditiously and the procedures necessary to present the evidence; and (8) The familiarity of the court of each state with the facts and issues in the pending litigation. (c) If a court of this state determines that it is an inconvenient forum and that a court of another state is a more appropriate forum, it shall stay the proceedings upon condition that a child custody proceeding be promptly commenced in another designated state and may impose any other condition the court considers just and proper. (d) A court of this state may decline to exercise its jurisdiction under this article if a child custody determination is incidental to an action for divorce or another proceeding while still retaining jurisdiction over the divorce or other proceeding.
19-9-68.
(a) Except as otherwise provided in Code Section 19-9-64 or by any other law of this state, if a court of this state has jurisdiction under this article because a person seeking to invoke its jurisdiction nas engaged in unjustifiable conduct, the court shall decline to exercise its jurisdiction unless:
(1) The parents and all persons acting as parents have acquiesced in the exercise of jurisdiction; (2) A court of the state otherwise having jurisdiction under Code Sections 19-9-61 through 19-9-63 determines that this state is a more appropriate forum under Code Section 19-9-67; or (3) No court of any other state would have jurisdiction under the criteria specified in Code Sections 19-9-61 through 19-9-63. (b) If a court of this state declines to exercise its jurisdiction pursuant to subsection (a) of this Code section, it may fashion an appropriate remedy to ensure the safety ofthe child and prevent a repetition ofthe unjustifiable conduct, including staying the proceeding until a child custody proceeding is commenced in a court having jurisdiction under Code Sections 19-9-61 through 19-9-63. (c) If a court dismisses a petition or stays a proceeding because it declines to exercise its jurisdiction pursuant to subsection (a) of this Code section, it shall assess against the party seeking to invoke its jurisdiction necessary and reasonable expenses including costs, communication expenses, attorney's fees, investigative fees, expenses for witnesses, travel expenses, and child care during the course of the proceedings, unless the party from whom fees are sought establishes that the assessment would be clearly inappropriate. The court may

140_________GENERAL ACTS AND RESOLUTIONS__________
not assess fees, costs, or expenses against this state unless authorized by law other than this article.
19-9-69.
(a) In a child custody proceeding, each party, in its first pleading or in an attached affidavit, shall give information, if reasonably ascertainable, under oath as to the child's present address or whereabouts, the places where the child has lived during the last five years, and the names and present addresses of the persons with whom the child has lived during that period. The pleading or affidavit must state whether the party:
(1) Has participated, as a party or witness or in any other capacity, in any other proceeding concerning the custody of or visitation with the child and, if so, identify the court, the case number, and the date of the child custody determination, if any; (2) Knows of any proceeding that could affect the current proceeding, including proceedings for enforcement and proceedings relating to family violence, protective orders, termination of parental rights, and adoptions and, if so, identify the court, the case number, and the nature of the proceeding; and (3) Knows the names and addresses of any person not a party to the proceeding who has physical custody of the child or claims rights of legal custody or physical custody of, or visitation with, the child and, if so, the names and addresses of those persons. (b) If the information required by subsection (a) of this Code section is not furnished, the court, upon motion of a party or its own motion, may stay the proceeding until the information is furnished. (c) If the declaration as to any of the items described in paragraphs (1) through (3) of subsection (a) of this Code section is in the affirmative, the declarant shall give additional information under oath as required by the court. The court may examine the parties under oath as to details of the information furnished and other matters pertinent to the court's jurisdiction and the disposition of the case. (d) Each party has a continuing duty to inform the court of any proceeding in this or any other state that could affect the current proceeding. (e) If a party alleges in an affidavit or a pleading under oath that the health, safety, or liberty of a party or child would be jeopardized by disclosure of identifying information, the information must be sealed and may not be disclosed to the other party or the public unless the court orders the disclosure to be made after a hearing in which the court takes into consideration the health, safety, or liberty of the party or child and determines that the disclosure is in the interest of justice. (f) In providing the information required by subsection (a) of this Code section, a party who is disclosing that the child is or has been a resident of a family violence shelter shall provide only the name of the shelter and the state in which the shelter is located to avoid a violation of Code Section 19-13-23. A disclosure

____________GEORGIA LAWS 2001 SESSION___________14j_
of the name of the shelter and the state in which the shelter is located shall be sufficient for the purposes of subsection (a) of this Code section.
19-9-70. (a) In a child custody proceeding in this state, the court may order a party to the proceeding who is in this state to appear before the court in person with or without the child. The court may order any person who is in this state and who has physical custody or control of the child to appear in person with the child. (b) If a party to a child custody proceeding whose presence is desired by the court is outside this state, the court may order that a notice given pursuant to Code Section 19-9-47 include a statement directing the party to appear in person with or without the child and informing the party that failure to appear may result in a decision adverse to the party. (c) The court may enter any orders necessary to ensure the safety of the child and of any person ordered to appear under this Code section. (d) If a party to a child custody proceeding who is outside this state is directed to appear under subsection (b) of this Code section or desires to appear personally before the court with or without the child, the court may require another party to pay reasonable and necessary travel and other expenses of the party so appearing and of the child.
Part3
19-9-81. As used in this part, the term:
(1) 'Petitioner' means a person who seeks enforcement of an order for return of a child under the Hague Convention on the Civil Aspects of International Child Abduction or enforcement of a child custody determination. (2) 'Respondent' means a person against whom a proceeding has been commenced for enforcement of an order for return of a child under the Hague Convention on the Civil Aspects of International Child Abduction or enforcement of a child custody determination.
19-9-82. Under this part a court of this state may enforce an order for the return of the child made under the Hague Convention on the Civil Aspects of International Child Abduction as if it were a child custody determination.
19-9-83. (a) A court of this state shall recognize and enforce a child custody determination of a court of another state if the latter court exercised jurisdiction in substantial conformity with this article or the determination was made under factual circumstances meeting the jurisdictional standards of this article and the determination has not been modified in accordance with this article.

142_________GENERAL ACTS AND RESOLUTIONS___________
(b) A court of this state may utilize any remedy available under other laws of this state to enforce a child custody determination made by a court of another state. The remedies provided in this part are cumulative and do not affect the availability of other remedies to enforce a child custody determination.
19-9-84.
(a) A court of this state which does not have jurisdiction to modify a child custody determination may issue a temporary order enforcing:
(1) A visitation schedule made by a court of another state; or (2) The visitation provisions of a child custody determination of another state that does not provide for a specific visitation schedule. (b) If a court of this state makes an order under paragraph (2) of subsection (a) of this Code section, it shall specify in the order a period that it considers adequate to allow the petitioner to obtain an order from a court having jurisdiction under the criteria specified in Part 2 of this article. The order remains in effect until an order is obtained from the other court or the period expires. (c) If a court of another state or a court of this state has made a finding of family violence on the part of either parent of the child, in issuing a temporary order enforcing a visitation schedule or the visitation provisions of a child custody determination of another state in accordance with subsection (a) of this Code section, a court of this state may enter any orders necessary to ensure the safety of the child and of any person who has been the victim of family violence, including but not limited to an order for supervised visitation pursuant to Code Section T9-9-7.
19-9-85.
(a) A child custody determination issued by a court of another state may be registered in this state, with or without a simultaneous request for enforcement, by sending to the superior court in the appropriate venue in this state:
(1) A letter or other document requesting registration; (2) Two copies, including one certified copy, of the determination sought to be registered, and a statement under penalty of perjury that to the best of4:he knowledge and belief of the person seeking registration the order has not been modified; and (3) Except as otherwise provided in Code Section 19-9-69, the name and address of the person seeking registration and any parent or person acting as a parent who has been awarded custody or visitation in the child custody determination sought to be registered. (b) On receipt of the documents required by subsection (a) of this Code section, the registering court shall: (1) Cause the determination to be filed as a foreign judgment, together with one copy of any accompanying documents and information, regardless of their form; and

____________GEORGIA LAWS 2001 SESSION___________143
(2) Serve notice upon the persons named pursuant to paragraph (3) of subsection (a) of this Code section and provide them with an opportunity to contest the registration in accordance with this Code section. (c) The notice required by paragraph (2) of subsection (b) of this Code section must state that: (1) A registered determination is enforceable as of the date of the registration in the same manner as a determination issued by a court of this state; (2) A hearing to contest the validity of the registered determination must be requested within 20 days after service of notice; and (3) Failure to contest the registration will result in confirmation of the child custody determination and preclude further contest of that determination with respect to any matter that could have been asserted. (d) A person seeking to contest the validity of a registered order must request a hearing with in 20 days after service of the notice. At that hearing, the court shall confirm the registered order unless the person contesting registration establishes that: (1) The issuing court did not have jurisdiction under Part 2 of this article; (2) The child custody determination sought to be registered has been vacated, stayed, or modified by a court having jurisdiction to do so under Part 2 of this article; or (3) The person contesting registration was entitled to notice, but notice was not given in accordance with the standards of Code Section 19-9-47 in the proceedings before the court that issued the order for which registration is sought. (e) If a timely request for a hearing to contest the validity of the registration is not made, the registration is confirmed as a matter of law, and the person requesting registration and all persons served must be notified of the confirmation. (f) Confirmation of a registered order, whether by operation of law or after notice and hearing, precludes further contest of the order with respect to any matter that could have been asserted at the time of registration.
19-9-86.
(a) A court of this state may grant any relief normally available under the laws of this state to enforce a registered child custody determination made by a court of another state. (b) A court of this state shall recognize and enforce, but may not modify, except in accordance with Part 2 of this article, a registered child custody determination of a court of another state.
19-9-87.
If a proceeding for enforcement under this part is commenced in a court of this state and the court determines that a proceeding to modify the determination is pending in a court of another state having jurisdiction to modify the determination under Part 2 of this article, the enforcing court shall immediately

144________GENERAL ACTS AND RESOLUTIONS_________
communicate with the modifying court. The proceeding for enforcement continues unless the enforcing court, after consultation with the modifying court, stays or dismisses the proceeding.
19-9-88.
(a) A petition under this part must be verified. Certified copies of all orders sought to be enforced and of any order confirming registration must be attached to the petition. A copy of a certified copy of an order may be attached instead of the original. (b) A petition for enforcement of a child custody determination must state:
(1) Whether the court that issued the determination identified the jurisdictional basis it relied upon in exercising jurisdiction and, if so, what the basis was; (2) Whether the determination for which enforcement is sought has been vacated, stayed, or modified by a court whose decision must be enforced under this article and, if so, identify the court, the case number, and the nature of the proceeding; (3) Whether any proceeding has been commenced that could affect the current proceeding, including proceedings relating to family violence, protective orders, termination of parental rights, and adoptions and, if so, identify the court, the case number, and the nature of the proceeding; (4) The present physical address of the child and the respondent, if known, except in cases involving a parent who has been the subject of a finding of family violence by a court of this state or another state; (5) Whether relief in addition to the immediate physical custody of the child and attorney's fees is sought, including a request for assistance from law enforcement officials and, if so, the relief sought; and (6) Ifthe child custody determination has been registered and confirmed under Code Section 19-9-85, the date and place of registration. (c) If a party alleges in an affidavit or pleading under oath that the health, safety, or liberty of a party or child would be jeopardized by disclosure of information required by this Code section, the information must be sealed and may not be disclosed to the other party or the public unless the court orders the disclosure to be made after a hearing in which the court takes into consideration the health, safety, or liberty of the party or child and determines that the disclosure is in the interest ofjustice. (d) Upon the filing of a petition, the court shall issue an order directing the respondent to appear in person with or without the child at a hearing and may enter any order necessary to ensure the safely of the parties and the child. The hearing must be held on the next judicial day after service of the order unless that date is impossible. In that event, the court shall hold the hearing on the first judicial day possible. The court may extend the date of hearing at the request of the petitioner. (e) An order issued under subsection (d) of this Code section must state the time and place of the hearing and advise the respondent that at the hearing the court will order that the petitioner may take immediate physical custody of the child

____________GEORGIA LAWS 2001 SESSION___________145
and the payment of fees, costs, and expenses under Code Section 19-9-92, and may schedule a hearing to determine whether further relief is appropriate, unless the respondent appears and establishes that:
(1) The child custody determination has not been registered and confirmed under Code Section 19-9-85 and that:
(A) The issuing court did not have jurisdiction under Part 2 of this article; (B) The child custody determination for which enforcement is sought has been vacated, stayed, or modified by a court having jurisdiction to do so under Part 2 of this article; (C) The respondent was entitled to notice, but notice was not given in accordance with the standards of Code Section 19-9-47, in the proceedings before the court that issued the order for which enforcement is sought; or (2) The child custody determination for which enforcement is sought was registered and confirmed under Code Section 19-9-85, but has been vacated, stayed, or modified by a court of a state having jurisdiction to do so under Part 2 of this article.
19-9-89.
Except as otherwise provided in Code Section 19-9-91, the petition and order must be served, by any method authorized by the laws of this state, upon respondent and any person who has physical custody of the child.
19-9-90.
(a) Unless the court issues a temporary emergency order pursuant to Code Section 19-9-64, upon a finding that a petitioner is entitled to immediate physical custody of the child, the court shall order that the petitioner may take immediate physical custody of the child unless the respondent establishes that:
(1) The child custody determination has not been registered and confirmed under Code Section 19-9-85 and that:
(A) The issuing court did not have jurisdiction under Part 2 of this article; (B) The child custody determination for which enforcement is sought has been vacated, stayed, or modified by a court of a state having jurisdiction to do so under Part 2 of this article; or (C) The respondent was entitled to notice, but notice was not given in accordance with the standards of Code Section 19-9-47, in the proceedings before the court that issued the order for which enforcement is sought; or (2) The child custody determination for which enforcement is sought was registered and confirmed under Code Section 19-9-85 but has been vacated, stayed, or modified by a court of a state having jurisdiction to do so under Part 2 of this article. (b) The court shall award the fees, costs, and expenses authorized under Code Section 19-9-92 and may grant additional relief, including a request for the assistance of law enforcement officials, and set a further hearing to determine whether additional relief is appropriate.

146________GENERAL ACTS AND RESOLUTIONS__________
(c) If a party called to testify refuses to answer on the ground that the testimony may be self-incriminating, the court may draw an adverse inference from the refusal. (d) A privilege against disclosure of communications between spouses and a defense of immunity based on the relationship of husband and wife or parent and child may not be invoked in a proceeding under this part.
19-9-91.
(a) Upon the filing of a petition seeking enforcement of a child custody determination, the petitioner may file a verified application for the issuance of a warrant to take physical custody of the child if the child is immediately likely to suffer serious physical harm or be removed from this state. (b) If the court, upon the testimony of the petitioner or other witness, finds that the child is imminently likely to suffer serious physical harm or be removed from this state, it may issue a warrant to take physical custody of the child. The petition must be heard on the next judicial day after the warrant is executed unless that date is impossible. In that event, the court shall hold the hearing on the first judicial day possible. The application for the warrant must include the statements required by subsection (b) of Code Section 19-9-88. (c) A warrant to take physical custody of a child must:
(1) Recite the facts upon which a conclusion of imminent serious physical harm or removal from the jurisdiction is based; (2) Direct law enforcement officers to take physical custody of the child immediately; and (3) Provide for the placement of the child pending final relief. (d) The respondent must be served with the petition, warrant, and order immediately after the child is taken into physical custody. (e) A warrant to take physical custody of a child is enforceable throughout this state. If the court finds on the basis of the testimony of the petitioner or other witness that a less intrusive remedy is not effective, it may authorize law enforcement officers to enter private property to take physical custody of the child. If required by exigent circumstances of the case, the court may authorize law enforcement officers to make a forcible entry at any hour. (f) The court may impose conditions upon placement of a child to ensure the appearance of the child and the child's custodian.
19-9-92.
(a) The court shall award the prevailing party, including a state, necessary and reasonable expenses incurred by or on behalf of the party, including costs, communication expenses, attorney's fees, investigative fees, expenses for witnesses, travel expenses, and child care during the course of the proceedings, unless the party from whom fees or expenses are sought establishes that the award would be clearly inappropriate. (b) The court may not assess fees, costs, or expenses against a state unless authorized by law other than this article.

____________GEORGIA LAWS 2001 SESSION__________147
19-9-93. A court of this state shall accord full faith and credit to an order issued by another state and consistent with this article which enforces a child custody determination by a court of another state unless the order has been vacated, stayed, or modified by a court having jurisdiction to do so under Part 2 of this article.
19-9-94.
An appeal may be taken from a final order in a proceeding under this article in accordance with expedited appellate procedures in other civil cases. Unless the court enters a temporary emergency order under Code Section 19-9-64, the enforcing court may not stay an order enforcing a child custody determination pending appeal.
19-9-95. (a) In a case arising under this article or involving the Hague Convention on the Civil Aspects of International Child Abduction, the district attorney may take any lawful action, including resort to a proceeding under this part or any other available civil proceeding to locate a child, obtain the return of a child, or enforce a child custody determination if there is:
(1) An existing child custody determination; (2) A request to do so from a court in a pending child custody proceeding; (3) A reasonable belief that a criminal statute has been violated; or (4) A reasonable belief that the child has been wrongfully removed or retained in violation of the Hague Convention on the Civil Aspects of International Child Abduction. (b) A district attorney acting under this Code section acts on behalf of the court and may not represent any party.
19-9-96. At the request of a district attorney acting under Code Section 19-9-95, a law enforcement officer may take any lawful action reasonably necessary to locate a child or a party and assist a district attorney with responsibilities under Code Section 19-9-95.
19-9-97. If the respondent is not the prevailing party, the court may assess against the respondent all direct expenses and costs incurred by the district attorney and law enforcement officers under Code Section 19-9-95 or 19-9-96.
Part 4
19-9-101. In applying and construing this uniform Act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.

148_________GENERAL ACTS AND RESOLUTIONS__________
19-9-102. A motion or other request for relief made in a child custody proceeding or to enforce a child custody determination which was commenced before the effective date of this article is governed by the law in effect at the time the motion or other request was made.
19-9-103. This article shall not be construed to repeal, amend, or impair the provisions of Code Section 19-13-23.
19-9-104. In the event of any conflict between this article and Article 2 of this chapter, the 'Georgia Child Custody Intrastate Jurisdiction Act of 1978,' this article shall apply."
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.
Approved April 7, 2001.
EDUCATION - ELEMENTARY AND SECONDARY; POSTSECONDARY; EXTENSIVE REFORM.
Code Title 20 Amended. Ga. L. 1999, p. 400, Amended.
No. 29 (House Bill No. 656).
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 create early intervention programs for kindergarten, primary grades, and upper elementary grades, in place of the special instructional assistance program to assist students with certain identified developmental deficiencies; to provide for identification of students at risk of not reaching or maintaining academic grade level at the beginning of each school year and during the school year; to provide for assignment of such students to early intervention as soon as practicable and for notice; to provide for such programs' purpose, rules and regulations, inclusion in accountability standards, delivery models, and funding; to provide for reporting of students served in such programs; to exclude students in grades four and five from the remedial education program; to clarify and revise the calculation of funding for alternative education programs; to provide that funds for alternative education programs may be used in

____________GEORGIA LAWS 2001 SESSION__________149
kindergarten and in grades one through 12; to change program weights for funding purposes; to revise definitions relative to equalization grants; to provide for adjustment to the effective millage rate in certain circumstances; to change the method of accounting for funds earned for counselors and technology specialists; to provide for certain funding for specialists qualified to teach foreign language; to provide for using the most recent full-time equivalent program count for certain new programs for calculating allotments; to provide for calculating, designating, and using funds for 20 days of additional instruction for 10 percent of the full-time equivalent count of students; to delete a provision for funding laboratory supervisors for the vocational laboratory program; to provide for instructional aides for kindergarten and kindergarten early intervention; to provide that such aides shall not be used to increase the maximum class size in kindergarten; to limit the maximum class size for kindergarten to no more than 20 percent over the funding ratio; to authorize state payment of a portion of the national certification program participation fee prior to certification for certain teachers; to provide for repayment to the state of such state payment in certain circumstances; to delete a requirement for paying the state supplement to principals in a single separate payment; to change provisions relating to capital outlay funds; to provide for the use of state capital outlay funds for construction projects that serve cooperative efforts between local school systems and postsecondary institutions and use certain prototypical designs which incorporate elements creating a quality learning environment; to change the method of calculating the required local participation and provide an incentive for school systems to use prototypical designs and have projects managed under the direction of the Georgia State Financing and Investment Commission; to increase the maximum amount of annual authorization by the State Board of Education; to change provisions relating to annual debt service and local funds contributed in excess of required local participation; to provide for rules; to provide for special appropriations for school capital outlay and for rules for disbursement and application of any such special appropriation; to provide for purposes for disbursements, amendments to facilities plans, and priorities among permitted purposes; to provide for calculation of entitlement of local school systems and for determination of need; to authorize the board to determine whether to require local participation and whether to allow application to reimbursement ofcurrent principal payments on local indebtedness; to change provisions relating to low-wealth capital outlay grants to local school systems; to provide for grants for school systems which use a prototypical design and have the project managed under the direction of the Georgia State Financing and Investment Commission; to enact the Georgia Academic Placement and Promotion Policy; to provide for adoption by each local board of education of a placement and promotion policy including standards for retention of students in certain grades, retesting, appeal of retention decisions, accelerated, differentiated, or additional instruction, and procedures for students receiving special education services; to provide for placement committees and their composition, functions, and procedures; to provide for additional policies by local boards ofeducation relative to accelerated, differentiated, or additional instruction, placement, promotion, or retention of students; to provide for assistance from the

150_________GENERAL ACTS AND RESOLUTIONS___________
State Board of Education; to provide for a timetable for implementation; to create the "Georgia Closing the Achievement Gap Commission" and to provide for its members, purpose, authority and duties, emphasis, reports, per diem and expenses, staff and administrative support, and termination; to change provisions relating to schedules and remedial education in middle schools; to provide for eligibility for sparsity grants to supplement funding for certain alternative education programs; to change the definition of a charter school; to amend Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to postsecondary education, so as to change eligibility requirements for HOPE scholarships for seniors attending private postsecondary institutions; to change a provision relating to PROMISE teachers' scholarships; to change a provision relatingto PROMISE II teachers' scholarships; to amend an Act approved April 22, 1999 (Ga. L. 1999, p. 400), so as to change the date for automatic repeal of such Act, relating to low-wealth capital outlay grants, to June 30, 2009; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary and secondary education, is amended by striking in its entirety Code Section 20-2-153, relating to the special instructional assistance program for students with developmental deficiencies, and inserting in lieu thereof the following:
"20-2-153.
(a) The State Board of Education shall create and each local board of education shall provide an early intervention program to serve students in kindergarten through grade five. The kindergarten early intervention program shall serve students enrolled in kindergarten. The primary grades early intervention program shall serve students enrolled in grades one through three. The upper elementary grades early intervention program shall serve students in grades four through five. (b) The early intervention program shall serve students who are at risk of not reaching or maintaining academic grade level, including but not limited to students who are identified through the first grade readiness assessment required by Code Section 20-2-151 and 20-2-281 and students with identified academic performance below grade levels defined by the Office of Education Accountabi 1 ity in Code Section 20-14-31 for any criterion-referenced assessment administered in accordance with Code Section 20-2-281 for grades one through five. Local school systems shall devise a process for the identification of such students at the beginning of each school year and also during the school year as a continuous process of early identification and monitoring. School systems may use indicators such as but not limited to the student's scores on previous assessments, the student's classroom performance in the same or previous years, and other reliable indicators to identify such students. A student shall be

_____________GEORGIA LAWS 2001 SESSION___________151
assigned to the early intervention program as soon as is practicable after the student is identified as at risk or after the results of the first-grade readiness assessment or the criterion-referenced assessment are known. The school shall provide timely notice and an opportunity for a conference with the student and his or her parents or guardians to discuss the student's academic performance and the role of the early intervention program. (c) The State Board of Education shall describe by rules and regulations such additional services, resources, support, or strategies as may be provided by the local school system. The specifications for delivery of early intervention services shall be the responsibility of local boards of education except that the program rules and regulations adopted by the State Board of Education shall be followed in designing the program delivery models. Delivery models may include, but are not limited to, class augmentation, pull-out or self-contained classes, and the Reading Recovery Program delivered by certificated personnel. (d) The early intervention program shall be designed with the intent of helping the student to perform at expectations and exit the program in the shortest possible time. Students shall be moved into this program, provided assistance, and moved out of this program upon reaching grade level performance, it is not the intent of the General Assembly that students be assigned to this program on a continuing or permanent basis. In developing accountability standards for schools, the Office of Education Accountability shall consider the length of time that students spend in the early intervention program as one of the determinants of performing and nonperforming schools. (e) Funding for the early intervention program shall have a full-time equivalent teacher-student ratio of one teacher to 11 students. (f) Each local school system shall annually report the number of students served in the early intervention program as part of the full-time equivalent program count conducted pursuant to Code Section 20-2-160."
SECTION 2. Said chapter is further amended by striking in its entirety Code Section 20-2-154, relating to the remedial education program, and inserting in lieu thereof the following:
"20-2-154.
(a) All children and youth who are eligible for a general and career education program under Code Section 20-2-151 and who are also eligible under the criteria specified in this Code section shall be provided, in accordance with policies adopted by the State Board of Education, the remedial education program services needed to address their respective reading, mathematics, or writing deficiencies. The following students shall be eligible for remedial education services:
(1) Students in grades nine through 12 may be eligible for services if they meet two or more of the following criteria:

152_________GENERAL ACTS AND RESOLUTIONS__________
(A) The student has been through the formal student support team process and has documented evidence to support the placement in remedial education; (B) The student has been retained in the grade; (C) The student is receiving services under Part A of Chapter 1 of Title 1 of the Elementary and Secondary Education Act of 1965, as amended by the Improving America's Schools Act of 1994 (Public Law 103-382); (D) The student has been recommended by the teacher who has documented any of the following student information:
(i) Low performance in the reading series system; (ii) Low performance in the mathematics series; or (iii) The student is unable to verbally express ideas and cannot write or dictate a meaningful sentence; or (E) Current test information in the student file indicates the student has a score at or below the twenty-fifth percentile; and (2) Students in grades nine through 12 who are receiving services under the special education program as authorized by Code Section 20-2-152 and whose Individualized Education Programs (lEP's) specify that they meet the eligibility requirements specified in paragraph (1) of this subsection and that their special education program is not designed to address their respective reading, mathematics, or writing deficiencies. No more than 25 percent of the full-time equivalent population in eligible grades as specified in paragraphs (1) and (2) of this subsection shall be eligible for the remedial program; provided, however, that the State Board of Education may develop regulations whereby a higher percentage may be eligible if the percentage of students receiving free and reduced price lunches exceeds 50 percent. (b) Each local unit of administration shall submit to the State Board of Education by July 1 of each year the average achievement scores by subject area and grade level of all students who were receiving instructional services under the provisions of this Code section, except those students whose Individualized Education Programs under the special education program state they shall not be administered such achievement tests. If appropriate evaluation data are not received from a local school system by the state board b,y July 1 of each year, after a hearing has been held for the system, the subsequent allocation of funds under this Code section for the next fiscal year shall be withheld in accordance with the procedure specified in Code Section 20-2-243. The state board shall monitor each local school system's remedial education program at least once each year. The state board shall annually request sufficient state funds to pay a pro rata share of the costs associated with the staff of the federal compensatory education program for disadvantaged children when such staff is used to evaluate the remedial education program under this Code section in conjunction with the evaluation of the federal compensatory education program for disadvantaged children in the same local school system."

_____________GEORGIA LAWS 2001 SESSION___________153
SECTION 3. Said chapter is further amended in Code Section 20-2-154.1, relating to alternative education programs, by striking subsection (h) in its entirety and inserting in lieu thereof the following:
*(h) For the 2000-2001 and 2001 -2002 school years, state funding of alternative education programs shall be based upon a full-time equivalent program count that equals 2.5 percent of the sum of the full-time equivalent program count of the middle grades program, the middle school program as defined in Code Section 20-2-290, the high school general education program (grades nine through 12), and the vocational laboratory program (grades nine through 12). For the 2002-2003 school year and thereafter, the amount of state funds appropriated and allocated for the alternative education program provided for in this Code section shall be based on the actual count of students served during the preceding year, except that the count of students served shall not exceed 2.5 percent of the sum of the full-time equivalent program count of the middle grades program, the middle school program as defined in Code Section 20-2-290, the high school general education program (grades nine through 12), and the vocational laboratory program (grades nine through 12). Funds earned may be expended in kindergarten and in grades one through 12."
SECTION 4. Said chapter is further amended by striking in its entirety subsection (e) of Code Section 20-2-160, relating to determination of enrollment and funds to be appropriated, and inserting in lieu thereof the following:
"(e) For purposes of calculating allotments for the instructional programs identified in paragraphs (2), (4), (6), (8), and (19) of subsection (b) of Code Section 20-2-161, for which the full-time equivalent program counts provided for in subsections (a) through (d) of this Code section do not exist, the most recent full-time equivalent program count shall be used until such time as the full-time equivalent program counts provided for in subsections (a) through (d) of this Code section do exist."
SECTION 5. Said chapter, article, and part are further amended in Code Section 20-2-161, relating to the Quality Basic Education Formula, by striking subsection (b) in its entirety and inserting in lieu thereof the following:
"(b) As the cost of instructional programs varies depending upon the teacher-student ratios and specific services typically required to address the special needs of students enrolled, state authorized instructional programs shall have the following program weights and teacher-student ratios:

154_____________GENERAL ACTS AND RESOLUTIONS_________
(1) Kindergarten program ................................ 1.6226 weight and 1 to 15 ratio
(2) Kindergarten early intervention program .................. 1.9952 weight and 1 to 11 ratio
(3) Primary grades program (1-3) .......................... 1.2686 weight and 1 to 17 ratio
(4) Primary grades early intervention program (1-3) ............ 1.7617 weight and 1 to 11 ratio
(5) Upper elementary grades program (4-5)................... 1.0258 weight and 1 to 23 ratio
(6) Upper elementary grades early intervention program (4-5) .... 1.7549 weight and 1 to 11 ratio
(7) Middle grades program (6-8) ........................... 1.0102 weight and 1 to 23 ratio

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(8) Middle school program (6-8) as defined in Code Section 20-2-290 1.1104 weight and 1 to 20 ratio
(9) High school general education program (9-12) ............. 1.0000 weight and 1 to 23 ratio
(10) Vocational laboratory program (9-12) ................... 1.2010 weight and 1 to 20 ratio
(11) Program for persons with disabilities: Category I ............................................. 2.3409
weight and
1 to 8 ratio
(12) Program for persons with disabilities: Category II ............................................ 2.7330
weight and
I to 6.5 ratio
(13) Program for persons with disabilities: Category III ............................................ 3.4778
weight and
1 to 5 ratio
(14) Program for persons with disabilities: Category IV ............................................ 5.6253
weight and
1 to 3 ratio

156

GENERAL ACTS AND RESOLUTIONS

(15) Program for persons with disabilities: Category V ............................................ 2.4233
weight and
1 to 8 ratio
(16) Program for intellectually gifted students: Category VI ............................................ 1.6340
weight and
1 to 12 ratio
(17) Remedial education program .......................... 1.2917 weight and 1 to 15 ratio
(18) Alternative education program ......................... 1.5683 weight and 1 to 15 ratio
(19) English for speakers of other languages (ESOL) program .... 2.4521 weight and 1 to 7 ratio"
SECTION 6. Said chapter is further amended in Code Section 20-2-165, relating to annual calculation and allocation of equalization grants, by striking subsection (a) and inserting in lieu thereof the following:
"(a) As used in this Code section, the term: (1) 'Assessed valuation' is defined as 40 percent of the equalized adjusted property tax digest reduced by the amount calculated pursuant to subsection (g) of Code Section 20-2-164. (2) 'Assessed valuation per weighted full-time equivalent' is defined as the assessed valuation for the most recent year available divided by the weighted full-time equivalent for the year of the digest. (3) 'Average weighted full-time equivalent count' is defined as the first count of a fiscal year weighted two parts and the second count weighted one part.

__________GEORGIA LAWS 2001 SESSION__________157
(4) 'Effective millage rate' is defined as local tax revenues divided by the assessed valuation and multiplied by 1,000; provided, however, that if the amount of local tax revenues is subsequently adjusted as a result of an audit of a local school system' s annual financial report, the increase or decrease in local tax revenues resulting from the audit shall cause an adjustment to be made in the effective millage rate that was calculated initially. Any net change in the amount of equalization dollars earned as a result of such adjustment shall be applied to the amount of the local school system's equalization grant in a subsequent fiscal year. (5) 'Eligible full-time equivalent program count' is defined as the sum of the full-time equivalent resident student count and full-time equivalent nonresident student count pursuant to subsection (b) of Code Section 20-2-160 for each program specified pursuant to subsection (b) of Code Section 20-2-161; provided, however, that each local school system's total full-time equivalent nonresident student count for all programs except handicapped programs shall not exceed the lesser of the count for fiscal year 2000 or the count for any ensuing fiscal year, unless the local school system serves under contract all of the students in one or more grade levels from an adjoining system or unless the system serves students from an adjoining system under court order. (6) 'Equalized adjusted property tax digest' is defined as the most recent equalized adjusted property tax digest furnished to the State Board of Education pursuant to paragraph (1) of subsection (c) of Code Section 20-2-164. (7) 'Guaranteed valuation school system' is defined as the local school system ranking at the seventy-fifth percentile in dollars of assessed valuation per weighted full-time equivalent, where the ranking of school systems is such that the one-hundredth percentile school system is that with the highest amount in dollars of assessed valuation per weighted full-time equivalent. For the purpose of determining the assessed valuation per weighted full-time equivalent of the guaranteed valuation school system only, a reduction of the assessed valuation for exemptions authorized by Code Sections 48-5-44 and 48-5-48 shall be calculated whether such exemptions are granted or not granted by the guaranteed valuation school system. (8) 'Local tax revenues' is defined as the sum of tax revenues for a local school system as furnished to the Department of Education by the school system in its annual financial report, reduced by the total amount of general funds expended for capital outlay or transferred into an escrow account for capital outlay purposes for the most recent fiscal year such data are available and increased by any federal funds designed to replace local tax revenues provided to the said system; provided, however, that the local school system has furnished the state board with acceptable documentation which clearly identifies the source or sources of such federal funds. (9) 'Most recent average weighted full-time equivalent count' is defined as the average of the two most recent weighted full-time equivalent counts.

158_________GENERAL ACTS AND RESOLUTIONS___________
(10) 'Qualified local school system' is defined as any local school system having an assessed valuation per weighted full-time equivalent count for the year of the digest ranking below the guaranteed valuation school system and having an effective millage rate greater than the miilage rate applied to calculate the local five mill share pursuant to subsection (a) of Code Section 20-2-164. (11) 'Weighted full-time equivalent count' is defined as the sum of all eligible full-time equivalent program counts multiplied by their respective program weights in effect during the fiscal year that the full-time equivalent program counts were obtained pursuant to Code Section 20-2-161. (12) 'Weighted full-time equivalent for the year of the digest' is defined as the average of the two weighted full-time equivalent counts taken during that fiscal year beginning during the year of the digest."
SECTION 7. Said chapter is further amended by striking paragraph (1) of subsection (a) of Code Section 20-2-167, relating to funding for direct instructional, media center, and staff development costs, budget and accounting system, and submission of local budget to the state board, and inserting in lieu thereof the following:
*(a)(l) The State Board of Education shall annually compute, based upon the initial allotment of funds to each local school system, the total funds needed for direct instructional costs for each program identified in Code Section 20-2-161, specifying the number of positions earned and salaries and operational costs portions. 'Direct instructional costs' is defined as those components of the program weights which are specified in subsections (a) through (g) of Code Section 20-2-182. In computing the total funds needed for direct instructional costs for each program, the state board shall apply the percentage that these costs represent of the total costs used in developing the program weights. The direct instructional costs for the five instructional programs for disabled students shall be summed into one amount for special education. Following the midterm adjustment, the state board shall issue allotment sheets for each local school system and each school reflecting the total amount of earnings, initial earnings, and midterm adjustment, if any, for each program authorized by Code Section 20-2-161. For each such program, each local school system shall spend a minimum of 90 percent of funds designated for direct instructional costs on the direct instructional costs of such program at the school site in which the funds were earned, except that funds earned for special education programs shall be summed for the purposes of this expenditure control. For the purposes of this expenditure control, funds earned for counselors and technology specialists shall each be summed to the school level. Only the state salary amounts resulting from the amount earned on the state-wide salary schedule as approved by the State Board of Education pursuant to Code Section 20-2-212 plus associated benefits funded by the state and the salaries and any state earned benefits or comparable state earned benefits of technology specialists and classroom aides may be applied to the

____________GEORGIA LAWS 2001 SESSION__________159
salary cost components for the purpose of meeting this expenditure control. Except as otherwise provided by law or rule and regulation of the state board, local school systems may decide whether direct instructional funds shall be used for teacher salaries, aide salaries, instructional material or equipment, or any other appropriate direct instructional expense; provided, however, that 100 percent of funds earned for direct instructional salaries shall be expended for salaries of direct instructional personnel and classroom aides. The total number of positions earned for direct instruction as specified in Code Section 20-2-182, adjusted for maximum class size, shall be employed for the delivery of services for which the funds were earned. This position control shall be for the kindergarten program, the kindergarten early intervention program, the primary grades program, and the primary grades early intervention program combined and the combined total for all other programs; provided, however, that positions earned for art, music, foreign language, and physical education, technology specialists, and counselors shall be totaled for all programs. Fractional amounts may be combined and used for any direct instructional position. Funds earned for any fractional amounts may be used for any direct instructional expense. Quality Basic Education Formula funds in excess ofthe amount required by this paragraph to be expended by a local school system for the direct instructional costs of an instructional program s^cified by Code Section 20-2-161 which are not expended for direct instructional costs must be returned to the state treasury.*
SECTION 8. Said chapter is further amended by striking in its entirety Code Section 20-2-181, relating to calculation of program weights to reflect base school size, and inserting in lieu thereof the following:
'20-2-181.
The calculation of all program weights shall reflect a base size local school system of 3,300 full-time equivalent students. The calculation of program weights for the kindergarten program, the kindergarten early intervention program, the primary grades (1-3) early intervention program, the primary grades (1 -3) program, the upper elementary grades (4-5) early intervention program, and the upper elementary grades (4-5) program shall reflect a base school size of 450 full-time equivalent students. The calculation of program weights for the middle grades (6-8) program, the middle school (6-8) program, the special education programs, the remedial education program, and the English for speakers of other languages program shall reflect a base school size of 624 full-time equivalent students. The calculation of the program weights for the high school general education program and the high school vocational laboratory program shall reflect a base school size of 970 full-time equivalent students. The calculation of program weights for the alternative education program shall reflect a base school size of 100 full-time equivalent students, except that the calculations for secretaries and media personnel shall reflect a base school size of 624 full-time equivalent students."

160_________GENERAL ACTS AND RESOLUTIONS______________
SECTION 9. Said chapter is further amended by striking in its entirety Code Section 20-2-182, relating to program weights reflecting funds for payment of salaries and benefits, and inserting in lieu thereof the following:
"20-2-182.
(a) The program weights, when multiplied by the base amount, shall reflect sufficient funds to pay at least the beginning salaries of all teachers needed to provide essential classroom instruction in order to ensure a Quality Basic Education Program for all enrolled students, subject to appropriation by the General Assembly. (b) The program weights for the primary, primary grades early intervention, upper elementary, upper elementary grades early intervention, middle grades, and middle school programs, when multiplied by the base amount, shall reflect sufficient funds to pay at least the beginning salaries of specialists qualified to teach art, music, foreign language, and physical education, subject to appropriation by the General Assembly. (c) The program weights for the kindergarten, kindergarten early intervention, primary, primary grades early intervention, upper elementary, upper elementary grades early intervention, middle grades, middle school, and alternative education programs and the program weights for the high school programs authorized pursuant to paragraph (4) of subsection (b) of Code Section 20-2-151, when multiplied by the base amount, shall reflect sufficient funds to pay the beginning salaries for guidance counselors needed to provide essential guidance services to students and whose duties and responsibilities shall be established by the state board to require a minimum of five of the six full-time equivalent program count segments of the counselor's time to be spent counseling or advising students or parents. (c.l) The program weights for the kindergarten and the kindergarten early intervention programs, when multiplied by the base amount, shall reflect sufficient funds to pay the salaries for instructional aides. (d) All program weights, when multiplied by the base amount, shall reflect sufficient funds to pay the beginning salaries for technology specialists needed to provide essential technology services. (e) The program weights for the high school programs authorized pursuant to paragraph (4) of subsection (b) of Code Section 20-2-151, when multiplied by the base amount, shall reflect sufficient funds to provide teachers with a preparation period free of assigned students. (f) Reserved. (g) All program weights, when multiplied by the base amount, shall reflect sufficient funds to pay the cost of sick and personal leave for teachers, the employer's portion of costs for membership in the Teachers Retirement System ofGeorgia and health insurance programs authorized by law, the cost ofessential instructional materials and equipment needed to operate effectively such instructional programs, and the cost of travel required of personnel in order to

___________GEORGIA LAWS 2001 SESSION__________161_
deliver educational services to enrolled students, subject to appropriation by the General Assembly. (h) All program weights, when multiplied by the base amount, shall reflect, whenever they are revised pursuant to subsection (f) of Code Section 20-2-161, an amount of funds for the purpose of providing staff and professional development to certificated and classified personnel and local school board members which shall be at least equivalent to 1.5 percent of salaries of all certificated professional personnel used in the development of each respective program weight, subject to appropriation by the General Assembly. Funds used for professional or staff development purposes may be used throughout the fiscal year, including days when students are not present at school, to meet professional or staff development needs in the order of priority determined by the local board of education within the comprehensive professional and staff development program plan approved by the State Board of Education pursuant to Code Section 20-2-232. Such professional and staff development program plan shall address deficiencies of certificated personnel as identified by evaluations required under Code Section 20-2-210. Where possible, professional and staff development funds shall be used for activities that enhance the skills of certificated personnel and directly relate to student achievement. Subsequent certificated personnel evaluations shall include an assessment of an employee's professional and staff development activities and their effect on identified deficiencies and student achievement. Funds for professional development purposes may be used for activities occurring at any time during the fiscal year outside of an employee's normal contract hours. (i) The State Board of Education shall adopt for each instructional program authorized pursuant to Part 3 of this article and the middle school program provided for in Code Section 20-2-290 the maximum number of students which may be taught by a teacher in an instructional period. Such maximum class sizes shall be equal to or greater than the teacher-student ratios used in the calculation of the program weights as set forth in subsection (b) of Code Section 20-2-161 but shall not exceed the funding class size by more than 20 percent, unless specifically authorized by the State Board of Education; provided, however, that in no case shall the 20 percent maximum be exceeded for mathematics, science, social studies, or English classes; provided, further, that the maximum class size for kindergarten and grades one through three shall not exceed 20 percent over the funding ratio except for art, music, or physical education classes; provided, further, that the maximum class size for special education, gifted, and English for speakers of other languages classes shall be set by the State Board of Education. For a period not to exceed four years, beginning with the 2000-2001 school year, local school systems shall be allowed to exceed the maximum class sizes set forth in this subsection in a manner consistent with State Board of Education rules. The State Board of Education shall lower the current maximum class sizes set by state board rules in effect for the 1999-2000 school year, beginning with the 2000-2001 school year, by a proportional amount each school year so that, beginning with the 2003-2004 school year, State Board of Education rules are in

162_________GENERAL ACTS AND RESOLUTIONS________
compliance with this subsection. An aide may be used in programs to increase class size as allowed by State Board of Education rule, except that an aide shall not be used to increase the maximum class size in kindergarten or grades one through three. The maximum class size for the kindergarten and primary grades programs is defined as the number of students in a physical classroom. Maximum class sizes that result in a fractional full-time equivalent shall be rounded up to the nearest whole number as needed. The middle school program shall use the teacher-student ratio of the middle grades program for the purpose of this subsection. The number of students taught by a teacher at any time after the first 15 school days of a school year may not exceed the maximum such number unless authorization for a specific larger number is requested of the state board, along with the educational justification for granting the requested exemption, and the state board has approved said request. The state board shall not reduce class sizes without the authorization of the General Assembly, if this reduction necessitates added costs for facilities, personnel, and other program needs. Local boards of education may reduce class sizes, build additional facilities, and provide other resources at local cost if such actions are in the best interest of the local school systems' programs as determined by the local boards of education."
SECTION 10. Said chapter is further amended by inserting a new Code section to be designated Code Section 20-2-184.1 to read as follows:
"20-2-184.1.
The program weights for the kindergarten, kindergarten early intervention, primary, primary grades early intervention, upper elementary, upper elementary grades early intervention, middle grades, middle school, and remedial programs and the program weights for the high school programs authorized pursuant to paragraph (4) of subsection (b) of Code Section 20-2-151, when multiplied by the base amount, shall reflect sufficient funds to pay the beginning salaries for instructors needed to provide 20 additional days of instruction for 10 percentx>f the full-time equivalent count of the respective program. Such funds shall be used for addressing the academic needs of low-performing students with programs including, but not limited to, instructional opportunities for students beyond the regular school day, Saturday classes, intersession classes, and summer school classes. Following the midterm adjustment, the state board shall issue allotment sheets for each local school system. Each local school system shall spend 100 percent of the funds designated for additional days of instruction for such costs."
SECTION 11. Said chapter is further amended in Code Section 20-2-212.2, relating to salary increases for persons receiving certification from the National Board for Professional Teaching Standards, by striking subsections (d) and (e) and inserting in lieu thereof the following:

_____________GEORGIA LAWS 2001 SESSION___________163
"(d) A portion of the national certification program participation fee may be paid by the state prior to certification for any person who:
(1) Is currently teaching in a Georgia public school and holds a valid Georgia teaching certificate; (2) Has completed three years of teaching in Georgia public schools prior to applying for national certification; (3) Has submitted an application and the initial qualifying payment to the National Board for Professional Teaching Standards; and (4) Has successfully completed a screening process developed by the Professional Standards Commission. (e) A teacher for whom the State of Georgia pays a portion of the national certification participation fee and who does not teach in a Georgia public school for at least one year after receiving certification shall repay the state's portion of the participation fee to the state. Repayment is not required if the teacher is unable to complete the additional year of teaching due to the death or disability of the teacher, and repayment is not required if the teacher fails to receive national board certification. (f) The portion of the national certification program participation fee paid by the participant shall be reimbursed by the state upon certification for any teacher who is eligible for an increase pursuant to subsection (b) of this Code section. (g) A teacher for whom the State of Georgia reimburses the cost of the participation fee and who does not teach in a Georgia public school for at least one year after receiving certification shall repay the reimbursement payment to the state. Repayment is not required if the teacher is unable to complete the additional year of teaching due to the death or disability of the teacher."
SECTION 12. Said chapter is further amended by striking in its entirety Code Section 20-2-214, relating to salaries and salary supplements for principals, and inserting in lieu thereof the following:
'20-2-214.
The State Board of Education shall establish a salary schedule for school principals that includes a supplement amount for each principal. The amount of the supplement shall be based on the amount appropriated by the General Assembly for this purpose each year divided by the total weighted full-time equivalent count for the state. The amount for each principal shall be determined by multiplying the amount per weighted full-time equivalent count by the weighted full-time equivalent count for each school. Local school systems shall pay this supplement to each local school principal."
SECTION 13. Said chapter is further amended in Code Section 20-2-260, relating to capital outlay funds, by striking subsections (b), (c), (e), (f), (g), (h), and (j) and inserting in lieu thereof the following:

164_________GENERAL ACTS AND RESOLUTIONS__________
*(b) As used in this Code section, the following words or terms shall have the following meanings:
(1) 'Addition' refers to square footage of room floor space for instructional or other purposes added to an existing educational facility, whether physically connected thereto or a separate structure located on the same site. (2) 'Annual debt service' is defined as expenditures for the annual retirement of debt for capital outlay construction projects for educational facilities and shall include the interest on the principal as well as the principal of the debt. (3) 'Capital outlay' includes, but is not necessarily limited to, expenditures which result in the acquisition of fixed assets, existing buildings, improvements to sites, construction of buildings, construction of additions to buildings, retrofitting of existing buildings for energy conservation, and initial and additional equipment and furnishings for educational facilities. (4) 'Construction project' refers to the construction of new buildings, additions or expansion of existing buildings, relocation of existing buildings or portions thereof, renovation or modernization of existing buildings or structures, and procedures and processes connected thereto, related to educational facilities. (5) 'Educational facilities' shall include buildings, fixtures, and equipment necessary for the effective and efficient operation of the program of public education required by this article, which, without limiting the generality of the foregoing, shall include classrooms, libraries, rooms and space for physical education, space for fine arts, restrooms, specialized laboratories, cafeterias, media centers, building equipment, building fixtures, furnishings, related exterior facilities, landscaping and paving, and similar items which the State Board of Education may determine necessary. The following facilities are specifically excluded: swimming pools, tracks, stadiums, and other facilities or portions of facilities used primarily for athletic competition and the central and area administrative offices of local units of administration. (6) 'Educational facilities survey' is defined as a systematic study of present educational facilities and a five-year forecast of future needs. (7) 'Entitlement' refers to the maximum portion of the total need that mayJ>e funded in a given year. (7.1) 'Exceptional growth' means that growth experienced by an exceptional growth system under the calculations specified in subparagraph (j)(2)(A) of this Code section. (8) 'Full-time equivalent student count' is defined as the average of the two full-time equivalent counts pursuant to Code Section 20-2-160 for a school year. (9) 'Local funds' refers to funds available to local school systems from sources other than state and federal funds except any federal funds designed to replace local tax revenues. (10) 'Local school system's 1 percent local sales tax wealth' is defined as the funds in dollars generated or which could be generated during the year by a 1 percent sales tax.

____________GEORGIA LAWS 2001 SESSION___________165
(11) 'Local wealth factor' is defined as the average of the property tax wealth factor and the sales tax wealth factor. The property tax wealth factor is determined by dividing the local school system's net equalized adjusted property tax digest per weighted full-time equivalent student by the state-wide net equalized adjusted property tax digest per weighted full-time equivalent student. The sales tax wealth factor is determined by dividing the local school system's 1 percent local sales tax wealth per weighted full-time equivalent student by the state-wide 1 percent sales tax wealth per weighted full-time equivalent student. (12) 'Net equalized adjusted property tax digest' is defined as the equalized adjusted property tax digest furnished pursuant to Code Section 48-5-274, reduced in accordance with paragraphs (1) and (2) of subsection (a) of Code Section 20-2-164. (13) 'Physical education facility' is defined as any facility which is designed for an instructional program in physical education and shall exclude any spectator stands, lobbies, public restrooms, concession areas, or space normal ly identified to serve only the interscholastic athletic program in which the school may participate. (14) 'Renovation' or 'modernization' or both refers to construction projects which consist of the installation or replacement of major building components such as lighting, heating, air-conditioning, plumbing, roofing, electrical, electronic, or flooring systems; millwork; cabinet work and fixed equipment; energy retrofit packages; or room-size modifications within an existing facility, but excluding routine maintenance and repair items or operations. (15) 'Required local participation' is defined as the amount of funds which must be contributed by local school systems from local funds for each construction project. (16) 'Unhoused students' is defined as those students who are not housed in school facilities which are structurally sound with adequate space as defined by the state board. (17) 'Weighted full-time equivalent student count' is defined as the average weighted full-time equivalent count as defined in paragraph (3) of subsection (a) of Code Section 20-2-165. (c) The State Board of Education shall adopt policies, guidelines, and standards, pursuant to Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' that meet the requirements specified in this Code section. The state board's responsibilities shall include the following: (1) To adopt policies, guidelines, and standards for the annual physical facility and real property inventory required of each local school system. This inventory shall include, but not be limited to: parcels of land; number of educational facilities; year of construction and design; size, number, and type of construction space; amount of instructional space in permanent and temporary buildings; designations for each instructional space in permanent and temporary buildings occupied by designated state approved instructional programs, federal programs, or local programs not required by the state; local

166________GENERAL ACTS AND RESOLUTIONS__________
property assessment for bond purposes; outstanding school bonds and annual debt service; and buildings and facilities not in use or rented or leased to individuals or other agencies of government, or used for other than instructional programs required by this article, each identified by its current use. Department of Education staff shall annually review, certify the accuracy of, and approve each local school system's inventory; (2) To adopt policies, guidelines, and standards for the educational facilities survey required of local school systems. The educational facilities survey shall be initiated by written request of a local board of education. The request may suggest the number of teams and the individuals constituting such teams to participate in the survey. However, it shall be the responsibility of the Department of Education to constitute the makeup of the necessary teams. Said teams shall exclude local residents; employees of the local board of education, the servicing regional educational services agency, and other educational centers and agencies servicing the local board; and individuals deemed unacceptable by the local board. The state board shall establish and maintain qualification standards for participants of survey teams. Each educational facilities survey shall include, but not be limited to, an analysis of population growth and development patterns; assessment of existing instructional and support space; assessment of existing educational facilities; extent of obsolescence of facilities; and recommendations for improvements, expansion, modernization, safety, and energy retrofitting of existing educational facilities. The Department of Education staff shall review and certify as to the accuracy of each educational facilities survey. The state board shall approve or reject the recommendations of the survey team and shall establish appeal procedures for rejected surveys; (3) To adopt policies, guidelines, and standards for educational facilities construction plans. Local school system facilities construction plans shall include, but not be limited to, a list of construction projects currently eligible for state capital outlay funds, if any; educational facilities projected for abandonment, if any; educational facilities projected as needed five years hence; proposed construction projects for modernization, renovation, and energy retrofitting; proposed construction projects for the purpose of consolidating small, inefficient educational facilities which are less than the minimum size specified in subsection (q) of this Code section; and other construction projects needed to house the instructional programs authorized by provisions of this article; (4) To adopt uniform rules, regulations, policies, standards, and criteria respecting all location, construction, equipping, operating, maintenance, and use ofeducational facilities as may be reasonably necessary to assure effective, efficient, and economical operation of the schools and all phases of the public education program provided for under the provisions of this article. Such matters shall include, but not be limited to, the method, manner, type, and minimum specifications for construction and installation of fixtures and equipment in educational facilities; space requirements per student; number

___________GEORGIA LAWS 2001 SESSION___________167
and size of classrooms; allowable construction costs based on current annual construction cost data maintained by the Department of Education; and other requirements necessary to ensure adequate, efficient, and economical educational facilities. The state board shall adopt policies or standards which shall allow renovation costs up to the amount of new construction of a replacement facility, provided that the renovated facility provides comparable instructional and supportive space and has an extended life comparable to that of a new facility. Except for satisfying the most recent life safety codes, facilities which are undergoing renovation, modernization, or additions shall otherwise meet requirements applicable to them prior to renovation, modernization, or additions, provided that such additions do not increase the student capacity of the facility substantially above the capacity for which it was designed; (5) To develop a state-wide needs assessment for purposes of planning and developing policies, anticipating state-wide needs for educational facilities, and providing assistance to local school systems in developing educational facilities plans. The state-wide needs assessment shall be developed from, among other sources, vital statistics published by the Department of Human Resources, census data published by the Bureau of the Census, local school system educational facilities and real property inventories, educational facilities surveys, full-time equivalent student projection research, and educational facilities construction plans; shall reflect circumstances where rapid population growth is caused by factors not reflected in full-time equivalent student projection research; and shall give priority to elementary school construction. In addition, the state board shall develop a consistent, systematic research approach to full-time equivalent student projections which will be used in the development of needs within each local unit. Projections shall not be confined to full-time equivalent resident students but shall be based on full-time equivalent student counts which include full-time equivalent nonresident students, whether or not such full-time equivalent nonresident students attend school pursuant to a contract between local school systems. The full-time equivalent projection shall be calculated in accordance with subsection (m) of this Code section. The survey team will use such projections in determining the improvements needed for the five-year planning period. The state board shall also develop schedules for allowable square footage and cost per square foot and review these schedules annually. The cost estimate for each recommended improvement included in the plan shall be based on these schedules. Any increase in cost or square footage for a project beyond that allowed by state board schedules for such projects shall be the responsibility of the local school system and shall not count toward present or future required local participation. The schedules for allowable square footage and cost per square foot shall be specified in regulations by the State Board of Education; (6) To adopt policies, standards, and guidelines to ensure that the provisions of subsections (e), (f), (g), (h), (i), (j), and (k. 1) of this Code section relating to

168________GENERAL ACTS AND RESOLUTIONS___________
uses of state capital outlay funds, state and local share of costs, entitlements, allocation of capital outlay funds, advance funding for certain construction projects, exceptional growth construction projects, and consolidation of schools across system lines are carried out; (7) To review and approve proposed sites and all architectural and engineering drawings and specifications on construction projects for educational facilities to ensure compliance with state standards and requirements, and inspect and approve completed construction projects financed in whole or in part with state funds, except construction projects under supervision of the Georgia State Financing and Investment Commission. The state board may designate selected local units of administration which have staff qualified for such purposes to act on behalf of the Department of Education in such inspections, when the project is not under the direction of the Georgia State Financing and Investment Commission; (8) To coordinate construction project reviews with the state fire marshal's office and the Department of Human Resources; (9) To provide procedures whereby local school systems may revise their educational facilities plans or the priority order of construction projects requested to reflect unforeseen changes in locally identifiable needs, which revisions shall be approved by the State Board of Education, providing that such revisions meet state and local building codes, fire marshal certification, architectural requirements, and minimum size requirements under subsection (q) of this Code section; and (10) To adopt uniform rules, regulations, policies, standards, and criteria respecting all location, construction, equipping, operating, maintenance, and use of education facilities which are used as schools and that are historic landmarks and which are registered as historic landmarks with the National Register of Historic Places or the Georgia Register of Historic Places or are certified by the state historic preservation officer as eligible for such registration and the expenditure of capital outlay funds otherwise availableto a school system for such purposes." "(e) State capital outlay funds for educational facilities appropriated in accordance with provisions of this Code section shall be used for the following purposes: (1) To provide construction projects needed because of increased student enrollment or exceptional growth or to replace educational facilities which have been abandoned or destroyed by fire or natural disaster and which shall consist of new buildings and facilities on new sites or new additions to existing buildings and facilities, or relocation of existing educational facilities or portions thereof to different sites; (2) To provide construction projects to renovate, modernize, or replace educational facilities in order to correct deficiencies which produce' educationally obsolete, unsafe, inaccessible, energy inefficient, or unsanitary physical environments;

__________GEORGIA LAWS 2001 SESSION__________169
(3) To provide construction projects for new additions to existing educational facilities or relocation of existing educational facilities or portions thereof to different sites in order to house changes in the instructional program authorized and funded under provisions of this article or new educational facilities on new sites or new additions to existing ones as a result of internal population shifts or changes in attendance zones within the local school system; (4) To provide construction projects to consolidate educational facilities which have fewer pupils than required for the minimum school population specified in subsection (q) of this Code section or which are too expensive to renovate or modernize due to obsolescence or location and which shall consist of new educational facilities on new sites, new additions to existing sites, or relocation of existing educational facilities or portions thereof to different sites; (5) To provide construction projects to consolidate the total student populations in elementary, middle, or high schools across local school system lines. In such projects, there shall be no requirement to include a vocational wing as defined within the high school structure but neither shall such vocational wing be excluded for funding purposes; (6) To reimburse local school systems for current principal payments on local indebtedness for state approved construction projects for educational facilities. No local school system may request funds for the purposes of this paragraph unless and until all construction projects identified in its construction plan for the purposes of paragraphs (1) through (5) of this subsection have been completed; (7) To provide construction projects to renovate or modernize facilities which are historic landmarks and are registered as historic landmarks with the National Register of Historic Places or the Georgia Register of Historic Places or are certified by the state historic preservation officer as eligible for such registration in order to correct deficiencies which produce educationally obsolete, unsafe, inaccessible, energy inefficient, or unsanitary physical environments; provided, however, that local school boards shall be required to use the facility which is or is eligible to be a historic landmark as a public school. Notwithstanding any other provisions ofthis Code section and without regard to location or obsolescence, the state board shall allocate funds to renovate and modernize historic landmark facilities which meet the requirements of this paragraph in an amount which is the lesser of the cost of new construction to replace the historic landmark or the actual cost of such renovation and modernization; provided, however, that the renovated facility has an extended life comparable to that of a new facility; and provided, further, that the local school system shall provide the remaining necessary capital outlay funds to renovate the facility in accordance with all other requirements of this Code section. No lottery proceeds shall be appropriated from the Lottery for Education Account to fund any project or purpose authorized by this paragraph; (8) To provide construction projects that serve cooperative efforts between local school systems and postsecondary institutions; and

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(9) To provide construction projects that use prototypical designs approved by the Georgia State Financing and Investment Commission, including designs which incorporate elements that create a quality learning and teaching environment. (f) The State and each local school system shall provide capital outlay funds for educational facilities in accordance with this subsection as follows: (1) The required local participation shall be no more than 20 percent nor less than 8 percent of the eligible project cost as determined by the local ability ratio. The local ability ratio is determined by multiplying the local wealth factor by 20 percent. At the time a local school system applies to use entitlement earnings, a system may earn an additional 2 percent reduction in the required local participation for each new construction project that uses a Georgia State Financing and Investment Commission prototypical design with the project managed under the direction of the Georgia State Financing and Investment Commission. Regardless of the above, no local school system's required local participation shall be less than 6 percent nor greater than 20 percent of the cost of an eligible construction project except as provided in paragraph (2) of this subsection; and (2) The state shall participate in no more than 25 percent of the cost of construction projects related to damage to educational facilities caused by fire or natural disaster. (g)(l) In order to determine a reasonable total funding level for the purposes stated in subsection (e) of this Code section, excluding funds provided for exceptional growth pursuant to subsection (j) of this Code section, and to establish a fair and equitable distribution of funds to local school systems, the State Board of Education shall annually determine a level of authorization. Starting with fiscal year 2003 applications for funds and for each fiscal year thereafter, the new authorization level may equal zero but shall not exceed $200 million, adjusted annually to reflect the changes in the current annual construction cost data maintained by the Department of Education pursuant to paragraph (4) of subsection (c) of this Code section. For purposes" of deliberations with the Governor and the General Assembly regarding the amount of state funds to be appropriated, calculations shall be made for at least three levels below the $200 million maximum authorization, adjusted as specified in this paragraph. (2) In setting the annual authorization level under this subsection, the state board shall consider any previously authorized but unfunded amounts together with the total estimate of funds needed for school facilities in the state. Such total state facilities needs pursuant to this subsection shall be computed by summing the following:
(A) The total facility improvement needs included in the most recent five-year educational facilities plan, excluding exceptional growth construction projects which shall be requested under subsection (j) of this Code section, which has been reviewed by a survey team and approved by the state board. Such needs shall annually be adjusted downward for

GEORGIA LAWS 2001 SESSION
projects financed by either state or local funds and shall annually be adjusted upward or downward to reflect changes in the full-time equivalent student counts but shall not be otherwise adjusted upward except upon approval of a new or revised five-year plan pursuant to subsections (c) and (d) of this Code section; and (B) The sum of the annual debt service payments for the five-year period of the latest survey (that used in subparagraph (A) ofthis paragraph), excluding payments for postsecondary facilities, athletic facilities, administrative facilities, or other projects not included in the approved five-year plan pursuant to subsections (c) and (d) of this Code section. Such payments shall annually be adjusted upward or downward for the remaining portion of the five-year period for changes in the annual debt service payments resulting from local financing of projects covered by the state board approved plan. (3) Each local school system shall be entitled to a portion of the total authorization set by the state board annually under this subsection based on the ratio of that local school system's needs as computed in paragraph (2) of this subsection to the total of all local school systems' needs. In addition to the annual entitlement, the local school system is eligible to receive any entitlement accrued from previous years for which state funds have not yet been received. Any change in the method of determining entitlements in subsequent years shall in no way affect the amount of previously accrued entitlements. (4) In order to determine the amount of state funds to be requested for a given fiscal year under this subsection, total new and accrued entitlements must be compared to the state portion of the current cost estimates of the projects approved in the educational facilities plan in priority order. Such comparison shall be made for each of the incremental entitlement levels required in paragraph (1) of this subsection. In the event that projects requested for funding exceed the total state entitlements and required local participation, local school systems may elect to contribute additional local funding. Local funds contributed in excess of required local participation on state eligible project costs may be credited toward earning entitlement for state eligible project costs pursuant to subparagraph (B) of paragraph (2) of this subsection to the extent of the state eligible needs identified in the local facilities plan. The State Board of Education shall adopt rules that define the conditions and the extent of the crediting of local funds contributed toward such entitlement. (5) The final level of entitlements actually authorized by the state board for a fiscal year shall be that level which is consistent with the Appropriations Act for that year. (h) A local school system may receive state capital outlay funds for one construction project under the advance funding category to meet educational facilities needs due to the following: ( 1 ) Extraordinary growth of student population in excess of the capacity of existing facilities;

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(2) Destruction of or damage to educational facilities by fire or natural disaster, limited by the provisions of paragraph (2) of subsection (f) of this Code section; (3) Replacement of educational facilities which have been certified as hazards to health or safety; (4) Projects, in priority order, which would otherwise require more than three years of the combined annual entitlement and required local participation amounts, estimated in accordance with the total entitlement intended for authorization by the State Board of Education; and (5) Projects for consolidation of schools across local school system lines which have costs that exceed the combined annual entitlements of the participating local school systems. Such projects shall meet, with the exception of paragraph (2) of this subsection, the following conditions to qualify for advanced funding:
(A) The local school systems have specifically requested funding under this subsection prior to submission of the annual budget request for the state board to the General Assembly; (B) Annual entitlements accrued under subsection (g) of this Code section have offset any advanced funding previously granted, except that no more than three years of combined entitlements of the participating local school systems shall be required to offset advance funding for consolidation projects pursuant to paragraph (5) of subsection (e) of this Code section; (C) The projects to be funded are not in addition to projects funded for local school systems under the provisions of subsection (g) of this Code section in a given year; and (D) The required local participation and all other procedural requirements of this Code section are met." "(j)(l) In order to determine a reasonable funding level under this subsection and to establish a fair and equitable distribution of funds to local school systems for construction projects needed because of exceptional growth, the State Board ofEducation shall annually determine a level ofauthorization.-For a given fiscal year, the new authorization may equal zero but shall not exceed $ 100 million. For purposes of deliberations with the Governor and the General Assembly regarding the amount of state funds to be appropriated, calculations shall be made for at least three levels below the $100 million maximum authorization. (2) In setting the annual authorization level for exceptional growth funding, the state board shall consider any previously authorized but unfunded amounts under this subsection together with the total estimate of funds needed for school facilities as a result of exceptional growth as computed under subparagraph (A) of this paragraph. The annual entitlement for each school system experiencing exceptional growth shall be computed as follows: (A) The average of each school system's average full-time equivalent count for the three most recently completed school years ('most recent average') will be compared to the average ofthat system's average full-time equivalent

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count for the three most recently completed school years prior to the most recently completed school year ('earlier average'). If there is an increase in a school system's most recent average of at least 1.5 percent and at least 65 average full-time equivalent counts over that system's earlier average, that system will be an exceptional growth system. For each such exceptional growth system with an increased average count of at least 65 average full-time equivalent counts after the above calculation, the amount of such increase will be divided by the total such increase for all exceptional growth systems under this subsection to provide the ratio of each system's growth to the total growth of all systems with exceptional growth; and (B) Each of the school systems identified as being an exceptional growth system under subparagraph (A) of this paragraph shall be entitled to a portion of the total entitlement authorization set by the General Assembly annually for exceptional growth based on each system's relative exceptional growth to the sum of exceptional growth for all systems as determined in subparagraph (A) of this paragraph. The entitlement for each school system shall be determined annually by multiplying each system's ratio of need to the total need for exceptional growth by each of the program authorization levels required in paragraph (1) of this subsection. In addition to the annual entitlement, the local school system is eligible to receive any entitlement accrued under this subsection from previous fiscal years for which state funds have not been received. Any method of determining entitlements in subsequent years shall in no way affect the amount of previously accrued entitlements. (3) The level ofentitlement approved by the General Assembly and authorized by the state board shall not be greater than a total level of entitlement which, when divided by the sum of exceptional growth for all school systems with exceptional growth, provides a cost per average exceptional growth full-time equivalent student that is not greater than the average of construction costs per full-time equivalent student for elementary school, middle school, and high school construction as provided in paragraph (5) of subsection (c) ofthis Code section, the average of which three costs shall be reduced by the local participation required by subsection (f) of this Code section. (4) In order to determine the amount of state funds to be requested for a given fiscal year under this subsection, total new and accrued entitlements under this subsection must be compared to the state portion of the current cost estimates for all projects approved for exceptional growth. Such comparisons shall be made for each of the incremental entitlement levels required in paragraph (1) of this subsection. In the event that funding requested for new construction for exceptional growth exceeds the total state entitlements earned for exceptional growth and the required local participation, local school systems may elect to contribute additional local funding. Local funds contributed in excess of required local participation on state eligible project costs may be credited toward earning entitlement for state eligible project costs pursuant to subparagraph (g)(2)(B) of this Code section to the extent of the state eligible

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needs identified in the local facilities plan. The State Board of Education shall adopt rules that define the conditions and the extent of the crediting of local funds contributed toward such entitlement. (5) The final level of entitlements actually authorized by the state board for a fiscal year shall be that level which is consistent with the Appropriations Act for that year. (6) Local school systems may receive state capital outlay funds for exceptional growth projects if that system experienced exceptional growth and the following conditions are met:
(A) The local school system has specifically requested funding under this subsection prior to submission of the annual budget request for the state board to the General Assembly; (B) Any construction project submitted to utilize growth entitlement shall include construction of at least three new instructional units. If sufficient growth entitlement is not currently available for all of the new instructional units needed under this subsection, additional local funds or entitlements available to meet construction needs identified in the school system's facilities plan pursuant to subsection (g) of this Code section may be combined with any entitlement available for exceptional growth pursuant to this subsection for the purpose of completing all construction needs identified at a school. Entitlements earned under this subsection shall not be withheld, recalculated, or otherwise reduced for any construction project approved under subsection (g) of this Code section. Exceptional growth entitlement shall be utilized for construction of new instructional units at an existing school or for new schools only for those schools which, following the completion of such construction, meet the minimum size specified in subsection (q) of this Code section. Other funding sources must be utilized for any renovation or modification activities which may be needed; and (C) The local participation required under subsection (f) of this Code section and all other procedural requirements of this Code section are met." "(s)(l) An appropriation for public school outlay for any one fiscal year-that is in addition to the annual fiscal year appropriation for school capital outlay will be deemed a 'special appropriation for school capital outlay' for purposes of this subsection when: (A) The appropriation is to the Georgia State Financing and Investment Commission; and (B) The Office of Planning and Budget confirms that a separate and substantial appropriation for public school capital outlay has been made during the same fiscal year to the board and Department of Education under another subsection of this Code section. (2) The State Board of Education shall promulgate rules, policies, standards, and guidelines for the disbursement and application of any special appropriation for school capital outlay and these rules, policies, standards, and guidelines shall be utilized by the commission in making disbursements and overseeing applications of said special appropriation. The state board may

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provide for disbursement for any capital outlay purpose permitted by this Code section, unless purposes are stated more narrowly by the special appropriation, and may provide for amendments to facilities plans for the limited purpose of this paragraph. The board may set priorities among the permitted purposes and may require each school system to apply its portion first to such priorities. (3) Each local school system shall be entitled to its portion of a special appropriation for school capital outlay based on the ratio of that system's needs to the total state-wide need. The state board will provide for the determination of need as provided in this subsection and as otherwise provided in this Code section. No need will be authorized which is not a permitted capital outlay purpose under this Code section. (4) In providing for disbursement, the state board will determine whether:
(A) To require local participation in capital expenditures funded by the special appropriation for school capital outlay. No local participation will be required which exceeds that otherwise required by this Code section; and (B) To allow a special appropriation for school capital outlay to be applied to reimbursement of current principal payments on local indebtedness. In making its determination, the board will consider the efficient and economical use of the special appropriation for school capital outlay and local revenues. (5) In providing for disbursement and application of a special appropriation for school capital outlay, the state board and the Georgia State Financing and Investment Commission will not be subject to Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.'"
SECTION 14. Said chapter is further amended by striking in its entirety Code Section 20-2-262, relating to low-wealth capital outlay grants to local school systems, and inserting in lieu thereof the following:
"20-2-262.
(a) The General Assembly finds that many local school systems in Georgia have relatively weak local tax bases and are unable to raise revenues sufficient to meet their facility needs. The General Assembly further finds that even with current levels of state capital outlay support, these systems must wait for years before they can accumulate funds to initiate construction projects that are needed immediately. For some systems, the availability of the local option sales tax does not resolve their problem, because their commercial tax base is as meager as their property wealth. The difficulty is compounded if the per capita income in the school system is low, because residents have less ability to take advantage of property tax and sales tax options to meet their facility needs. It is the intent of the General Assembly to provide for state capital outlay grants specifically targeted to low-wealth school systems, on a short-term basis, in order to help such systems initiate what they have been unable to accomplish with existing revenue sources.

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(b) As used in this Code section, the terms 'full-time equivalent student count' and 'weighted full-time equivalent student count' shall have the same meaning as provided in Code Section 20-2-260. (c) The State Board of Education shall provide eligible local school systems with low-wealth capital outlay grants as provided for in this Code section, subject to appropriation by the General Assembly. Such grants shall provide sufficient funds to cover 92 percent of the state eligible cost of the local school system's first priority project in the five-year facilities plan, as contained in the system's most recently approved local facilities plan. A local school system may qualify for a grant not to exceed 95 percent of the state eligible cost of the local school system's first priority project in the five-year facilities plan if the system uses a Georgia State Financing and Investment Commission prototypical design with the project managed under the direction of the Georgia State Financing and Investment Commission. (d) Local school systems which meet the following criteria shall be eligible for a low-wealth capital outlay grant:
(1) The amount of sales tax revenues per unit in the full-time equivalent student count of the local school system is less than 75 percent of the state-wide average sales tax revenues per unit in the full-time equivalent student count; (2) The value of property per unit in the weighted full-time equivalent student count of the local school system is less than 75 percent of the state-wide average value of property per unit in the weighted full-time equivalent student count; (3) The per capita income of residents of the local school district is less than 75 percent of the state-wide average per capita income level; (4) The local school system's millage rate for maintenance and operation is at least 60 percent of the system's constitutional authority to recommend; or if the school system is not a recommending authority, the appropriations to the system represent a minimum of 60 percent of the amount that would be generated by a rate of 20 mills; or if the school system is eligible to receive local option sales tax proceeds for maintenance and operation purposes, the combination of property tax revenue and sales tax revenue represents a minimum of 60 percent of the amount that would be generated by a rate of 20 mills; (5) A special purpose local option sales tax is in effect in the local school district or the local school system has in place a millage rate for debt service on bonds, or both; and (6) The local school system is currently participating in advance funding from the state for capital outlay projects and will continue in that status for a minimum of one additional fiscal year beyond the fiscal year for which the grant is made.*

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SECTION 15. Said chapter is further amended by inserting in Part 12 of Article 6, relating to effectiveness of educational programs, new Code Sections to be designated Code Sections 20-2-282,20-2-283,20-2-284,20-2-285, and 20-2-286 to read as follows:
'20-2-282.
(a) It is the policy of the State of Georgia that the placement or promotion of a student into a grade, class, or program should be based on an assessment of the academic achievement of the student and a determination of the education setting in which the student is most likely to receive the instruction and other services needed in order to succeed and progress to the next higher level of academic achievement. (b) This policy as provided for in this Code section and Code Sections 20-2-283 through 20-2-285 shall be known as the 'Georgia Academic Placement and Promotion Policy.'
20-2-283. (a) No later than January 1, 2002, the State Board of Education shall adopt criteria for the development of a placement and promotion policy by each local board of education consistent with the Georgia Academic Placement and Promotion Policy. (b) Such criteria as adopted by the State Board of Education shall require the following for students in grades three, five, and eight:
(1) No student shall be promoted, except as provided in this Code section, to: (A) The fourth grade program to which the student would otherwise be assigned if the student does not achieve grade level as defined by the Office of Education Accountability in accordance with Code Section 20-14-31 on the third grade criterion-referenced reading assessment developed in accordance with subsection (a) of Code Section 20-2-281 and meet the promotional standards and criteria established by the State Board of Education and by the local school board for the school that the student attends; (B) The sixth grade program to which the student would otherwise be assigned if the student does not achieve grade level as defined by the Office of Education Accountability in accordance with Code Section 20-14-31 on the fifth grade criterion-referenced mathematics assessment and fifth grade criterion-referenced reading assessment developed in accordance with subsection (a) of Code Section 20-2-281 and meet the promotional standards and criteria established by the State Board of Education and by the local school board for the school that the student attends; or (C) The ninth grade program to which the student would otherwise be assigned if the student does not achieve grade level as defined by the Office of Education Accountability in accordance with Code Section 20-14-31 on the eighth grade criterion-referenced mathematics assessment and eighth grade criterion-referenced reading assessment developed in accordance with subsection (a) of Code Section 20-2-281 and meet the promotional standards

178_________GENERAL ACTS AND RESOLUTIONS_________
and criteria established by the State Board of Education and by the local school board for the school that the student attends; (2) When a student does not perform at grade level on any criterion-referenced assessment specified in paragraph (1) of this subsection then the following shall occur: (A) The parent or guardian of the student shall be notified in writing by first-class mail by the school principal or such official's designee regarding the student's performance below grade level on the assessment instrument, the retestto be given the student, the accelerated, differentiated, or additional instruction program to which the student is assigned, and the possibility that the student might be retained at the same grade level for the next school year; (B) The student shall be retested with a criterion-referenced assessment or an alternative assessment instrument that is appropriate for the student's grade level as provided for by the State Board of Education and the local board of education; and (C) The student shall be given an opportunity for accelerated, differentiated, or additional instruction in the applicable subject; and (3) When a student does not perform at grade level on any criterion-referenced assessment specified in paragraph (1) of this subsection and also does not perform at grade level on a second additional opportunity as provided for in paragraph (2) of this subsection then the following shall occur: (A) The school principal or the principal's designee shall retain the student for the next school year except as otherwise provided in this subsection; (B) The school principal or the principal's designee shall notify in writing by first-class mail the parent or guardian of the student and the teacher regarding the decision to retain the student. The notice shall describe the option of the parent, guardian, or teacher to appeal the decision to retain the student and shall further describe the composition and functions of the placement committee as provided for in this subsection, including the requirement that a decision to promote the student must be a unanimous decision of the committee; (C) If the parent, guardian, or teacher appeals the decision to retain the student, then the school principal or designee shall establish a placement committee composed of the principal or the principal's designee, the student's parent or guardian, and the teacher of the subject of the assessment instrument on which the student failed to perform at grade level and shall notify in writing by first-class mail the parent or guardian of the time and place for convening the placement committee; (D) The placement committee shall:
(i) Review the overall academic achievement of the student in light of the performance on the criterion-referenced assessment and the standards and criteria as adopted by the local board of education and make a determination to promote or retain. A decision to promote must be a unanimous decision and must determine that if promoted and given

____________GEORGIA LAWS 2001 SESSION___________179
accelerated, differentiated, or additional instruction during the next year, the student is likely to perform at grade level as defined by the Office of Education Accountability in accordance with Code Section 20-14-31 by the conclusion of the school year; and (ii) Prescribe for the student, whether the student is retained or promoted, such accelerated, differentiated, or additional instruction as needed to perform at grade level by the conclusion of the subsequent school year, prescribe such additional assessments as may be appropriate in addition to assessments administered to other students at the grade level during the year, and provide for a plan of continuous assessment during the subsequent school year in order to monitor the progress of the student; (E) For students receiving special education or related services, the Individualized Education Plan Committee shall serve as the placement committee; and (F) The decision of the placement committee may be appealed only as provided for by the local board of education. (c) This Code section does not preclude the retention by the school principal or the principal's designee of a student who performs satisfactorily on the criterion-referenced assessments specified in paragraph (1) of subsection (b) of this Code section as provided for by the local board of education. (d) This Code section does not create a property interest in promotion. (e) The State Board of Education shall establish policies and procedures for implementation of this Code section.
20-2-284'.
(a) No later than July 1, 2003, each local board of education shall develop and adopt a placement and promotion policy in accordance with the criteria established by the State Board of Education as provided in Code Section 20-2-283 and consistent with the Georgia Academic Placement and Promotion Policy. (b) Except for those criterion-referenced assessments specified in Code Section 20-2-283, the placement and promotion policy as developed and adopted by each local board of education shall state how the criterion-referenced competency tests administered under 20-2-281 for grades one through eight will be weighted or otherwise utilized by the school principal or the principal's designee in determining the overall academic achievement of a student and an appropriate plan of accelerated, differentiated, or additional instruction, placement, promotion, or retention of a student. (c) To assist each local board of education, the State Board of Education shall develop a model placement and promotion policy which may be utilized by a local board of education.

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20-2-285. The State Board of Education shall provide for a timetable of implementation of this Code section and the Georgia Academic Placement and Promotion Policy which shall include:
(1) The third grade beginning with the 2003-2004 school year; (2) The fifth grade beginning with the 2004-2005 school year; and (3) The eighth grade beginning with the 2005-2006 school year.
20-2-286. (a) There is created a commission to be known as the 'Georgia Closing the Achievement Gap Commission,' referred to in this Code section as the commission.
(1) The commission shall consist of the following: (A) A chairperson and six members to be appointed by the Governor; (B) Six members to be appointed by the President of the Senate; and (C) Six members to be appointed by the Speaker of the House of Representatives.
(2) In making appointments to the commission, the appointing officers shall ensure that representatives for at-risk student populations have significant representation on the commission. (3) When a vacancy occurs in the membership of the commission, the vacancy shall be filled by the same appointing officer who made the initial appointment. (b) The purpose of the commission is to provide a public policy focus on closing the student achievement gap that exists for at-risk students, including groups of students disaggregated by ethnicity, sex, disability, language proficiency, and socioeconomic status. The commission is to develop successful strategies, reports, and recommendations that will assist in closing this student achievement gap. The commission shall focus on disaggregated student achievement data and shall research programs and strategies utilized in schools in Georgia and nationally to reduce the achievement gap. The commission shall provide reports and recommendations to the Education Coordinating Council and the General Assembly regarding closing the gap in student achievement in Georgia. (c) The commission shall be authorized to: (1) Gather accurate and reliable data and research information pertaining to the status of at-risk students in the Georgia public school system; (2) Identify and visit education programs and other efforts within and outside Georgia that appear to be successful in yielding significant positive results for at-risk students; (3) Consult with higher education faculty members and other persons who have been engaged in extensive research and observation related to these issues and encourage their direct involvement in the activities of the commission; (4) Conduct hearings throughout the state for the purpose of obtaining meaningful information regarding successful education programs and efforts related to those concerns;

____________GEORGIA LAWS 2001 SESSION_________18J_
(5) Identify, consult, and meet with representatives of national, regional, and state-level organizations and agencies that could be particularly helpful in addressing the concerns of at-risk student achievement; (6) Devise recommendations regarding steps that should be taken to address the concerns of at-risk student achievement and the steps that should be taken separately and collectively by:
(A) State government agencies; (B) Local government agencies; (C) Public schools and higher education institutions; (D) Nonprofit organizations; (E) Professional educational organizations; (F) Foundations; (G) Faith based organizations or institutions; (H) Civic organizations; (1) The business community; and (J) Other entities; and (7) Receive reports from and consult with the Office of Education Accountability regarding the student achievement results including all disaggregated student achievement data. (d) The commission should place particular emphasis on reviewing programs and efforts that have been successful in attaining: (1) Improved educational achievement amount at-risk students; (2) Reduction of school discipline and behavioral problems that hinder student achievement; (3) Reduction of at-risk student dropout rates; and (4) Improved parental involvement in a student's academic achievement and in the school of the student. (e) The commission shall report to the Education Coordinating Council and the General Assembly their findings and recommendations including any legislation that the commission has determined is needed to implement their recommendations. (f) The commission shall receive per diem, subsistence, and travel allowance subject to appropriation by the General Assembly. (g) The commission shall be provided staff and administrative support by the Office of Education Accountability to carry out the authority described in this Code section. (h) The commission's existence shall be terminated on June 30, 2006, unless continued existence is authorized by statute."
SECTION 16. Said chapter is further amended in Code Section 20-2-290, relating to organization of schools, by striking subsections (b) and (c) and inserting in lieu thereof the following:
'(b) Beginning with the 2001-2002 school year, local boards of education shall schedule each middle school so as to provide the following:

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(1) A minimum of five hours of instruction in English and language arts, reading, mathematics, science, social studies, and such other academic subjects as the State Board of Education shall prescribe. For students not performing on grade level, as defined by the Office of Education Accountability, the minimum of five hours shall include such remedial academic instruction in English and language arts, reading, mathematics, science, or social studies as required to bring such students to grade level performance with the priority for such remediation being placed on reading and mathematics or as otherwise determined by the student's team of academic teachers; provided that, in making such a determination the team shall consider the student's performance on the criterion-referenced assessments authorized in Code Section 20-2-181; (2) Beyond the minimum of five hours of academic instruction, the local board shall have the authority to schedule for the remainder of the day such academic or exploratory classes as the State Board of Education shall prescribe; provided, however, that a student shall be allowed to take additional academic classes instead of exploratory classes if the parent or guardian of such a student requests such assignment, subject to availability; and (3) An interdisciplinary team of academic teachers with common planning time of a minimum of 55 minutes. (c) Local school systems shall comply with subsection (b) of this Code section in order to qualify for the middle school program. (d) If a local school system has a combination of qualified and nonqualified schools, it shall qualify for the middle school program only for those students counted in the full-time equivalent count for the middle school program in qualified middle schools."
SECTION 17. Said chapter is further amended by inserting in Code Section 20-2-292, relating to sparsity grants, a new subsection to be designated subsection (d) to read as follows:
'(d) Beginning with the 2001 -2002 school year, a school system may be eligible to receive a sparsity grant to supplement funding for alternative education programs operated pursuant to Code Section 20-2-154.1. Funds shall be distributed based on rules and regulations adopted by the State Board of Education subject to appropriation by the General Assembly."
SECTION 18. Chapter 3 of Title 20, relating to postsecondary education, is amended in Code Section 20-3-519.3, relating to eligibility requirements for HOPE scholarships for a student attending a private postsecondary institution, by striking paragraph (2) of subsection (d) and subsection (e) and inserting in lieu thereof the following:
*(2) Meet achievement standards by meeting the following criteria: (A) Earning a cumulative grade point average of at least 3.0 at a postsecondary institution at the end of the quarter or semester in which the student has attempted 135 quarter hours or 90 semester hours; and

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(B) Maintaining satisfactory academic progress in a course of study in accordance with the standards and practices used for federal Title IV programs by the postsecondary institution in which the student is enrolled; and". *(e) An otherwise eligible student who fails to maintain a cumulative grade point average of at least 3.0 at the end of the quarter or semester in which the student has attempted 45 quarter hours or 30 semester hours may attend the next 45 quarter hours or 30 semester hours without a HOPE scholarship. A student who regains a cumulative grade point average of at least 3.0 at end of the quarter or semester in which the student has attempted 90 quarter hours or 60 semester hours may requalify for a HOPE scholarship. A student who regains a cumulative grade point average of at least 3.0 at the end of the quarter or semester in which the student has attempted 135 quarter hours or 90 semester hours may requalify for a HOPE scholarship."
SECTION 19. Said chapter is further amended in Code Section 20-3-519.7, relating to PROMISE teacher's scholarships, by striking paragraph (2) of subsection (a) and inserting in lieu thereof the following:
"(2) For a student in the junior year or a student in the senior year, have earned a minimum overall cumulative 3.0 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;".
SECTION 20. Said chapter is further amended in Code Section 20-3-519.12, relating to PROM ISE II teacher's scholarships, by striking subsection (d) and inserting in lieu thereof the following:
*(d) A PROMISE II teacher's scholarship may be applied toward no more than 30 semester or 45 quarter hours of study subject to appropriation by the General Assembly."
SECTION 21. Subsections (h) and (j) of Code Section 20-2-260, as set out in or amended by Section 13 of this Act, shall be repealed automatically in their entirety on June 30, 2009, and the text of such subsections shall on that date be replaced by "Reserved."
SECTION 22. Said chapter is further amended by striking paragraph (3) of Code Section 20-2-2062, relating to definitions applicable to charter schools, and inserting the following:
"(3) 'Charter school' means a public school that is operating under the terms of a charter granted by the state board."

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SECTION 23. An Act approved April 22, 1999 (Ga. L. 1999, p. 400), is amended by striking in its entirety Section 2 and inserting in lieu thereof a new Section 2 to read as follows:
'SECTION 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval and shall be automatically repealed on June 30, 2009.'
SECTION 24. All laws and parts of laws in conflict with this Act are repealed.
Approved April 9, 2001.
MOTOR VEHICLES AND TRAFFIC PROMOTION OF SAFE OPERATION OF MOTOR VEHICLES ON PUBLIC ROADS BY YOUNG OR INEXPERIENCED DRIVERS.
Title 40, Chapter 5 Amended.
No. 30 (Senate Bill No. 1).
AN ACT
To amend Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to motor vehicle drivers' licenses, so as to change certain provisions relating to persons not to be licensed, minimum ages for licensees, and school attendance requirements; to provide driver training requirements for certain license applicants; to change certain provisions relating to instruction permits, graduated licensing and related restrictions, and temporary licenses; to change certain provisions relating to examination of applicants; to change certain provisions relating to revocation of licenses of persons under age 21 for certain offenses and issuance of new licenses following revocations; to change certain provisions relating to licensing exemptions; to provide effective dates; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

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PART 1 SECTION 1-1.
Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to motor vehicle drivers' licenses, is amended by adding to Code Section 40-5-22, relating to persons not to be licensed, minimum ages for licensees, and school attendance requirements, a new subsection (a.2) to read as follows:
"(a,2)(l) On and after January 1, 2002, the department shall not issue any initial Class D driver's license or, in the case of a person who has never been issued a Class D driver's license by the department or the equivalent thereof by any other jurisdiction, any initial Class C driver's license unless such person:
(A) Has completed an approved driver education course in a licensed private or public driver training school and in addition a cumulative total of at least 20 hours of other supervised driving experience including at least six hours at night, all of which is verified in writing signed before a person authorized to administer oaths by a parent or guardian of the applicant or by the applicant if such person is at least 18 years of age; or (B) Has completed a cumulative total of at least 40 hours of supervised driving experience including at least six hours at night, and the same is verified in writing signed before a person authorized to administer oaths by a parent or guardian of the applicant or by the applicant if such person is at least 18 years of age. (2) The commissioner shall by rule or regulation establish standards for approval of any driver education course for purposes of subparagraph (A) of paragraph (1) of this subsection, provided that such course shall be designed to educate young drivers about safe driving practices and the traffic laws ofthis state and to train young drivers in the safe operation of motor vehicles. (3) For purposes of supervised driving experience under paragraph (1) of this subsection, supervision shall be provided by a person at least 21 years of age who is licensed as a driver for a commercial or noncommercial Class C vehicle, who is fit and capable of exercising control over the vehicle, and who is occupying a seat beside the driver."
SECTION 1-2. Said chapter is further amended by striking subsection (b) of Code Section 40-5-24, relating to instruction permits, graduated licensing and related restrictions, and temporary licenses, and inserting in lieu thereof the following:
"(b)(l) Any resident of this state who is at least 16 years of age and who, for a period of at least 12 months, had a valid instruction permit issued under subsection (a) of this Code section may apply to the department for a Class D driver's license to operate a noncommercial Class C vehicle if such resident has otherwise complied with all prerequisites for the issuance of such Class D driver's license as provided in subsection (a) of this Code section, provided that a resident at least 16 years of age who has at any age surrendered to the

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department a valid instruction permit or driver's license issued by another state or the District of Columbia or who has submitted to the department proof, to the satisfaction of the department, of a valid instruction permit or driver's license issued by another state or the District of Columbia may apply his or her driving record under such previously issued permit or driver's license toward meeting the eligibility requirements for a Class D driver's license the same as if such previously issued permit or driver's license were an instruction permit issued under subsection (a) of this Code section. (2) The department shall, after all applicable requirements have been met, issue to the applicant a Class D driver's license which shall entitle the applicant, while having such license in his or her immediate possession, to drive a Class C vehicle upon the public highways of this state under the following conditions:
(A) Any Class D license holder shall not drive a Class C motor vehicle on the public roads, streets, or highways of this state between the hours of 12:00 Midnight and 6:00 A.M. eastern standard time or eastern daylight time, whichever is applicable.
(B)(i) Any Class D license holder shall not drive a Class C motor vehicle upon the public roads, streets, or highways of this state when more than three other passengers in the vehicle who are not members of the driver's immediate family are less than 21 years of age; and (ii) During the six-month period immediately following issuance of such license, any Class D license holder shall not drive a Class C motor vehicle upon the public roads, streets, or highways of this state when any other passenger in the vehicle is not a member of the driver's immediate family; provided, however, that a Class D license holder shall not be charged with a violation of this paragraph alone but may be charged with violating this paragraph in addition to any other traffic offense. (3) A person who has been issued a Class D driver's license under this subsection and has never been issued a Class C driver's license under this chapter will become eligible for a Class C driver's license under this chapter only if such person has a valid Class D driver's license which is not under suspension and, for a period of not less than 12 consecutive months prior to making application for a Class C driver's license, has not been convicted of a violation of Code Section 40-6-391, hit and run or leaving the scene of an accident in violation of Code Section 40-6-270, racing on highways or streets, using a motor vehicle in fleeing or attempting to elude an officer, reckless driving, or convicted of any offense for which four or more points are assessable under subsection (c) of Code Section 40-5-57 and is at least 18 years of age."
SECTION 1-3. Said chapter is further amended by striking subsection (a) of Code Section 40-5-27, relating to examination of applicants, and inserting in lieu thereof the following:

_____________GEORGIA LAWS 2001 SESSION___________187
*(a) The department shall examine every applicant for a driver's license. Such examination shall include a test of the applicant's eyesight, his or her ability to understand official traffic-control devices, and his or her knowledge of safe driving practices and the traffic laws of this state and shall also include a comprehensive on-the-road driving test during which the applicant shall be required to fully demonstrate his or her ability to exercise ordinary and reasonable control in the operation of a motor vehicle of the type or general class of vehicles he or she desires a license to drive; provided, however, that the on-the-road driving test requirement shall not apply to any applicant for a Class C driver's license who holds a Class D driver's license issued on or after the effective date of such requirement. Applicants 18 years of age and older with valid and current licenses issued by another state of the United States or the District of Columbia who surrender their previous licenses to obtain a Georgia license shall be exempt from taking such tests other than tests of eyesight. The examination may also include such further physical and mental examination as the department finds necessary to determine the applicant's fitness to operate a motor vehicle safely upon the highways. The commissioner may establish by rules and regulations the type of tests or demonstrations to be made by applicants for any class of license."
PART 2 SECTION 2-1.
Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to motor vehicle drivers' licenses, is amended by striking paragraph (11) of subsection (a) of Code Section 40-5-21, relating to licensing exemptions, and inserting in lieu thereof the following:
"(11) Any resident who is 15 years of age or over while taking actual in-car training in a training vehicle other than a commercial motor vehicle under the direct personal supervision of a driving instructor when such driving instructor and training vehicle are licensed by the Department of Public Safety in accordance with the provisions of Chapter 13 of Title 43, The Driver Training School License Act.' As used in the previous sentence, the term 'commercial motor vehicle' shall have the meaning specified in Code Section 40-5-142. All vehicles utilized for the in-car training authorized under this paragraph shall be equipped with dual controlled brakes and shall be marked with signs in accordance with the Department of Public Safety rules clearly identifying such vehicles as training cars belonging to a licensed driving school. A driving instructor shall test the eyesight of any unlicensed person who will be receiving actual in-car training prior to commencement of such training, and no unlicensed driver shall receive in-car training unless such person has at least the visual acuity and horizontal field of vision as is required for issuance of a driver's license in subsection (c) of Code Section 40-5-27."

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SECTION 2-2. Said chapter is further 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 licenses following revocations, 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, or violation of paragraph (3) or (5) of subsection (a) of Code Section 3-3-23, or violation of Code Section 40-6-391 shall be suspended by the department as provided by this Code section; and the driver's license of any person under 18 years of age who has accumulated a violation point count of four or more points under Code Section 40-5-57 in any consecutive 12 month period shall be suspended by the department as provided by this Code section. A plea of nolo contendere shall be considered a conviction for purposes of this subsection. Notice of suspension shaH be given by certified mail or statutory overnight delivery, 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 suspension. Notice given by certified mail or statutory overnight delivery, 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 suspended under subsection (a) of this Code section shall:
(1) Subject to the requirements of subsection (c) of this Code section and except as otherwise provided by paragraph (2) of this subsection:
(A) Upon a first such suspension, be eligible to apply for license reinstatement and, subject to successful recompletion of the examination requirements of Code Section 40-5-27 and payment of required fees, have his or her driver's license reinstated six months from the date on which the suspended license was surrendered to and received by the department; and (B) Upon a second or subsequent such suspension, be eligible to apply for license reinstatement and, subject to successful recompletion of the examination requirements of Code Section 40-5-27 and payment of required fees, have his or her driver's license reinstated 12 months from the date on which the suspended license was surrendered to and received by the department; or (2) If the driver's license was suspended upon conviction for violation of Code Section 40-6-391, be subject to the provisions of Code Section 40-5-63; except that if such driver was convicted of driving under the influence of alcohol or of having an unlawful alcohol concentration and is otherwise subject to the provisions of paragraph (1) of subsection (a) of Code Section 40-5-63, then

_____________GEORGIA LAWS 2001 SESSION___________189
such person shall not be eligible for a limited driving permit under Code Section 40-5-64, and:
(A) If the driver's alcohol concentration at the time of the offense was less than 0.08 grams, he or she shall not be eligible for license reinstatement until the end of six months; or (B) If the driver's alcohol concentration at the time of the offense was 0.08 grams or more, he or she shall not be eligible for license reinstatement until the end of 12 months. Any driver subject to the provisions of this paragraph shall, as an additional prerequisite for license reinstatement, be required to successfully recomplete the examination requirements of Code Section 40-5-27. (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 suspended pursuant to this Code section, the administrative license suspension period and the license suspension 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 suspension period provided by this Code section. (c) Any driver's license suspended under subsection (a) of this Code section for commission of any offense other than violation of Code Section 40-6-391 shall not become valid and shall remain suspended until such person submits proof of completion of a defensive driving program approved by the Department of Public Safety and pays 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 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 suspended pursuant to this Code section and the restoration fee was paid for such administratively suspended driver's license."
PART 3 SECTION 3-1.
Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to motor vehicle drivers' licenses, is amended by striking paragraph (11) of subsection (a) of Code Section 40-5-21, relating to licensing exemptions, and inserting in lieu thereof the following:
"(11) Any resident who is 15 years of age or over while taking actual in-car training in a training vehicle other than a commercial motor vehicle under the direct personal supervision of a driving instructor when such driving instructor and training vehicle are licensed by the department in accordance with the provisions of Chapter 13 of Title 43, The Driver Training School License Act.' As used in the previous sentence, the term 'commercial motor vehicle' shall have the meaning specified in Code Section 40-5-142. All vehicles utilized for the in-car training authorized under this paragraph shall be equipped with dual

190________GENERAL ACTS AND RESOLUTIONS____________
controlled brakes and shall be marked with signs in accordance with the Department of Motor Vehicle Safety rules clearly identifying such vehicles as training cars belonging to a licensed driving school. A driving instructor shall test the eyesight of any unlicensed person who will be receiving actual in-car training prior to commencement of such training, and no unlicensed driver shall receive in-car training unless such person has at least the visual acuity and horizontal field of vision as is required for issuance of a driver's license in subsection (c) of Code Section 40-5-27."
SECTION 3-2. Said chapter is further 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 licenses following revocations, 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 Section 3-3-23, or violation of Code Section 40-6-391 shall be suspended by the department as provided by this Code section; and the driver's license of any person under 18 years of age who has accumulated a violation point count of four or more points under Code Section 40-5-57 in any consecutive 12 month period shall be suspended by the department as provided by this Code section. A plea of nolo contendere shall be considered a conviction for purposes of this subsection. Notice of suspension shall be given by certified mail or statutory overnight delivery, 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 suspension. Notice given by certified mail or statutory overnight delivery, 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 suspended under subsection (a) of this Code section shall:
(1) Subject to the requirements of subsection (c) of this Code section and except as otherwise provided by paragraph (2) of this subsection:
(A) Upon a first such suspension, be eligible to apply for license reinstatement and, subject to successful recompletion of the examination requirements of Code Section 40-5-27 and payment of required fees, have his or her driver's license reinstated six months from the date on which the suspended license was surrendered to and received by the department; and (B) Upon a second or subsequent such suspension, be eligible to apply for license reinstatement and, subject to successful recompletion of the

_____________GEORGIA LAWS 2001 SESSION___________191_
examination requirements of Code Section 40-5-27 and payment of required fees, have his or her driver's license reinstated 12 months from the date on which the suspended license was surrendered to and received by the department; or (2) If the driver's license was suspended upon conviction for violation of Code Section 40-6-391, be subject to the provisions of Code Section 40-5-63; except that if such driver was convicted of driving under the influence of alcohol or of having an unlawful alcohol concentration and is otherwise subject to the provisions of paragraph (I) of subsection (a) of Code Section 40-5-63, then such person shall not be eligible for a limited driving permit under Code Section 40-5-64. and: (A) If the driver's alcohol concentration at the time of the offense was less than 0.08 grams, he or she shall not be eligible for license reinstatement until the end of six months; or (B) If the driver's alcohol concentration at the time of the offense was 0.08 grams or more, he or she shall not be eligible for license reinstatement until the end of 12 months. Any driver subject to the provisions of this paragraph shall, as an additional prerequisite for license reinstatement, be required to successfully recomplete the examination requirements of Code Section 40-5-27. (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 suspended pursuant to this Code section, the administrative license suspension period and the license suspension 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 suspension period provided by this Code section. (c) Any driver's license suspended under subsection (a) of this Code section for commission of any offense other than violation of Code Section 40-6-391 shall not become valid and shall remain suspended until such person submits proof of completion of a defensive driving program approved by the department and pays 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 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 suspended pursuant to this Code section and the restoration fee was paid for such administratively suspended driver's license."
PART 4 SECTION 4-1.
(a) This Act shall become effective on January 1, 2002, except as otherwise provided by subsection (b) of this section.
(b)(l) This section shall become effective on July 1, 2001.

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(2) Section 1-1 of this Act shall become effective on July 1,2001, for purposes of promulgating rules or regulations and shall become effective for all other purposes on January 1, 2002. (3) Subsection (a) of Code Section 40-5-27 as amended by this Act shall become effective six months after the effective date of appropriation by the General Assembly of sufficient funds for purposes of such amendment. (4) Each provision amended in Part 3 of this Act shall become effective and supersede that respective provision amended in Part 2 of this Act on January 1, 2002, or on such date thereafter as that same provision, as amended by an Act approved April 28, 2000 (Ga. L. 2000, p. 951), becomes fully effective pursuant to Section 13-1 of that 2000 Act, whichever is later.
SECTION 4-2. All laws and parts of laws in conflict with this Act are repealed.
Approved April 11,2001.
PROFESSIONS AND BUSINESSES - PHYSICIANS; PATIENT ACCESS TO INFORMATION ABOUT MEDICAL PROVIDERS AND SERVICES.
Code Title 31, Chapter 7 Amended. Code Section 43-34-37 Amended. Code Title 43, Chapter 34A Enacted.
No. 31 (House Bill No. 156).
AN ACT
To amend Chapter 7 of Title 31 of the Official Code of Georgia Annotated, relating to the regulation of hospitals and related institutions, so as to change confidentiality provisions concerning disciplinary actions against providers; to change the provisions relating to definitions regarding review organizations and provide for confidentiality of information disclosed to a governmental agency; to provide for the use of peer review materials without waiving its confidentiality; to amend Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, so as to change confidentiality provisions relating to investigations by the Composite State Board of Medical Examiners; to enact the "Patient Right to Know Act of 2001"; to provide a short title; to provide for definitions; to provide for creation, contents, and dissemination of physician profiles; to provide for access to information about medical providers and services; to provide for the right to file a grievance against a medical provider with respect to the provider, his or her office, and the services rendered; to require the board to investigate every grievance

_____________GEORGIA LAWS 2001 SESSION___________193
filed; to establish the right of the patient to inquire about the cost of treatment prior to receiving such treatment; to provide for notices; to prohibit certain acts; to provide for penalties; to provide for practices and procedures; to provide for rules and regulations; 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 7 of Title 31 of the Official Code of Georgia Annotated, relating to the regulation of hospitals and related institutions, is amended in Code Section 31-7-8, relating to reports of disciplinary actions against persons authorized to practice medicine, osteopathy, podiatry, or dentistry in this state, by striking subsection (e) and inserting in its place the following:
"(e) Except as provided in this subsection and Chapter 34A of Title 43, information contained in any report made to the appropriate licensing board pursuant to this Code section shall be confidential and shall not be disclosed to the public. Access to such reports shall be limited to members of the appropriate licensing board or its staff for their use and to interested institutions for their use in the review of medical staff privileges at the institution."
SECTION 2. Said chapter is further amended by striking "or" from the end of division (3)(B)(iv) of Code Section 31-7-131, relating to the definitions regarding review organizations, and by striking division (3)(B)(v) of such Code section and inserting in its place new divisions to read as follows:
*(v) Evaluating the quality and efficiency of health care services rendered by a professional health care provider in connection with such provider's participation as or request to participate as a provider in or for an insurer, self-insurer, health maintenance organization, preferred provider organization, provider network, or other organization engaged in managed care; or (vi) Performing any of the functions or activities described in Code Section 31-7-15.'
SECTION 3. Said chapter is further amended by striking Code Section 31-7-133, relating to the confidentiality of review organizations' records, and inserting in its place the following:
"31-7-133. (a) Except in proceedings alleging violation of this article, the proceedings and records of a review organization shall be held in confidence and shall not be subject to discovery or introduction into evidence in any civil action; and no person who was in attendance at a meeting of such organization shall be permitted or required to testify in any such civil action as to any evidence or

194________GENERAL ACTS AND RESOLUTIONS_________
other matters produced or presented during the proceedings or activities of such organization or as to any findings, recommendations, evaluations, opinions, or other actions of such organization or any members thereof. The confidentiality provisions of this article shall also apply to any proceedings, records, actions, activities, evidence, findings, recommendations, evaluations, opinions, data, or other information shared between review organizations which are performing a peer review function or disclosed to a governmental agency as required by law. However, information, documents, or records otherwise available from original sources are not to be construed as immune from discovery or use in any such civil action merely because they were presented during proceedings of such organization, nor should any person who testifies before such organization or who is a member of such organization be prevented from testifying as to matters within such person's knowledge; but such witness cannot be asked about such witness's testimony before such organization or about opinions formed by such witness as a result of the organization hearings. Notwithstanding the foregoing, the Department of Human Resources may inspect and copy peer review materials maintained by certain providers when it is determined by the department to be necessary in the performance of the department's licensure and certification responsibilities under Code Section 31-7-15: provided, however, such inspection and copying shall not waive or abrogate the confidentiality of such peer review materials as set forth in this Code section and in Code Section 31-7-15. (b) This Code section shall not apply to prevent:
(1) The disclosure under Article 4 of Chapter 18 of Title 50 of those documents in the department's custody which are records, reports, or recommendations of the Joint Commission on Accreditation of Healthcare Organizations or other national accreditation body and which are provided by an institution to the department for licensure purposes under subsection (b) of Code Section 31 -7-3; (2) The use of peer review documents in any proceeding involving the permitting or licensing of an institution pursuant to this chapter to the extent necessary to challenge the effectiveness ofthe institution's peer review system; provided, however, such use shall not waive or abrogate the confidentialityjjf such documents as set forth in this Code section and in Code Section 31-7-15; or (3) A health care provider from obtaining the specific reasons and the records and proceedings related to such provider's exclusion or termination as a participating provider in a health maintenance organization, provider network, or other organization which engages in managed care if such provider has brought a civil action against such health maintenance organization, provider network, or other organization for wrongful exclusion or termination."
SECTION 4. Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, is amended by striking subsection (d) of Code Section 43-34-37,

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relating to authority of the Composite State Board of Medical Examiners to refuse a license or discipline a physician, and inserting in its place the following:
'(d) The executive 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, or any district attorney may deem necessary or advisable in the enforcement ofthis 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, except that as to which privilege has not been denied or deemed waived by this chapter, and which is deemed by the president of the board, or vice-president if the president is not available, to be related to the fitness of any licensee or applicant to practice medicine. The executive director or the president of the board, or vice-president if the president is not available, may issue subpoenas to compel such access. When a subpoena is disobeyed, the board may apply to the superior court of the county where the person to whom the subpoena is issued resides for an order requiring obedience. Failure to comply with such order shall be punishable as for contempt of court. The results of any investigations whatsoever shall be reported only to the board, and the records of such investigations shall be kept by the board; no part of any such record shall be released for any purpose other than a hearing before the board and as provided in Chapter 34A of this title; nor shall such records be subject to subpoena."
SECTION 5. Said title is further amended by adding, after Chapter 34, a new Chapter 34A to read as follows:
'CHAPTER 34A
43-34 A-1. This chapter shall be known and may be cited as the 'Patient Right to Know Act of 2001.'
43-34A-2. As used in this chapter, the term:
(1) 'Board' means the Composite State Board of Medical Examiners. (2) 'Current' means within the last six months. (3) 'Disciplinary action' means any final hospital disciplinary action or any final disciplinary action taken by the Composite State Board of Medical Examiners under subsection (b) of Code Section 43-34-37 within the immediately preceding ten-year period. No such disciplinary action taken prior to the effective date of this chapter shall be included within the definition of this term. (4) 'Hospital' means a facility that provides inpatient and outpatient care and services for the diagnosis and treatment of medical conditions.

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(5) 'Hospital privileges' means permission granted by a hospital to a physician to treat patients in that hospital.
43-34A-3. (a) The Composite State Board of Medical Examiners shall create physician profiles on each physician licensed to practice in this state under Chapter 34 of this title. (b) In creating physician profiles, the board shall by regulation establish a standard form for the collection and dissemination of such data to the public, including dissemination on the Internet. The information may be gathered from the physician, the board, medical malpractice insurers, hospitals, medical and speciality societies, and other appropriate sources. The information shall be compiled in a form which can be disseminated to a member of the public upon request. Additionally, the board shall include in a physician's profile comments submitted by the physician regarding information published in the physician's profile. Such comments shall not exceed 100 words. The physician shall have 30 days to submit comments from the date of receipt of the profile or any amended profile ifthe amendment relates to malpractice, hospital staffprivileges or disciplinary action. (c) The physician profile shall include the following information:
(1) The full name of the physician; (2) Names of medical schools attended, dates of attendance, and date of graduation; (3) The location and dates of graduate medical education; (4) Speciality board certification, if applicable. The toll-free number of the American Board of Medical Specialities shall be included to verify current board certification status; (5) The fact that a license has been granted by reciprocity under Code Section 43-34-31, if applicable; (6) The number of years in practice and locations; (7) Current hospital privileges; (8) The location of primary practice setting; (9) If requested by the physician, identification of any translating services available at the primary practice setting; (10) Participation in the Medicaid program, if applicable; (11) Criminal convictions for felonies, irrespective of the pendency or availability of an appeal; (12) Felony charges to which a plea of nolo contendere was entered; (13) A description of any final, public disciplinary action by a regulatory board and a description of any second or subsequent final private reprimand by a regulatory board. As used in this paragraph, the term 'regulatory board' refers to:
(A) The Composite State Board of Medical Examiners and its counterpart in any other state; and (B) Any state licensing board in Georgia or in any other state;

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(14) A description of any final revocation or any final disciplinary action resulting in any restriction of hospital privileges, either involuntary or by agreement, for reasons related to competence or character in the most recent ten years. No such revocation or restriction taken prior to the effective date of this chapter shall be included in the physician's profile; (15) Resignation from or nonrenewal of medical staff membership or the restriction of staff privileges at a hospital taken in lieu of or in settlement of pending disciplinary action related to competence or character in the most recent ten years. No such action taken prior to the effective date of this chapter shall be included in the physician's profile; (16) Final medical malpractice court judgments or medical malpractice arbitration awards entered on or after the effective date ofthis chapter in which payment in excess of $100,000.00 is awarded against the physician to the complaining party. No such judgments or awards prior to the effective date of this chapter shall be included in any physician's profile. No such medical malpractice court judgments or medical malpractice arbitration awards which occurred more than ten years prior to the date of the profile shall be included in any physician profile;
(17)(A) Medical malpractice settlements, including the monetary amount of each such settlement, in which payment in excess of $300,000.00 is made by or on behalf of and attributable to the physician to the complaining party. No such settlement occurring prior to the effective date of this chapter shall be included in any physician profile. No such settlement which occurred more than ten years prior to the date of the profile shall be included in any physician profile. (B) Medical malpractice settlements, including the monetary amount of each such settlement, if three medical malpractice settlements have been made by or on behalf of and attributable to the physician to the complaining party and payment in excess of $100,000.00 has been made by or on behalf of and attributable to the physician in any one or more of such settlements. No such settlement occurring prior to the effective date of this chapter shall be included in any physician profile nor shall any such settlement be included for the purpose of determining whether three medical malpractice settlements have been made by or on behalf of and attributable to the physician. No such settlement which occurred more than ten years prior to the date ofthe profile shall be included in any physician profile nor shall any such settlement be included for the purpose of determining whether three medical malpractice settlements have been made by or on behalf of and attributable to the physician. (C) All medical malpractice settlements, including the monetary amount of each such settlement, if four or more medical malpractice settlements have been made by or on behalf of and attributable to the physician to the complaining party, regardless of the amount of the payment made by or on behalf of and attributable to the physician in any such settlement. No such settlement occurring prior to the effective date of this chapter shall be

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included in any physician profile nor shall any such settlement be included for the purpose of determining whether four or more medical malpractice settlements have been made by or on behalf of and attributable to the physician. No such settlement which occurred more than ten years prior to the date of the profile shall be included in any physician profile nor shall any such settlement be included for the purpose of determining whether four or more medical malpractice settlements have been made by or on behalf of and attributable to the physician. (D) Any disclosure under this paragraph shall be accompanied by the following statement:
'Settlement of a claim may occur for a variety of reasons which do not necessarily reflect negatively on the professional competence or conduct of the physician. A payment in settlement of a medical malpractice action or claim should not be construed as creating a presumption that medical malpractice has occurred.'; (18) Pending malpractice claims shall not be disclosed; (19) The board may, in its discretion, include additional statements describing the experience or pattern of awards, judgments, or settlements of the physician. Information concerning paid medical malpractice claims may be put in context by comparing an individual licensee's medical malpractice judgments, awards, or settlements to the experience of other physicians within the same specialty; (20) Any complaint or grievance filed with the board and upon which the board took disciplinary action, including a description of the nature of the complaint and the resolution; and (21) All violations of this chapter. (d) The physician profile may include information relating to: (1) Appointment to medical school faculties within the most recent ten years; (2) Articles in professional publications and journals; and (3) Professional or community service membership, activities, and awards. (e) The physician profiles shall be updated by the board as required in this subsection: (1) The profile items listed in paragraphs (11) through (17) of subsection (e) of this Code section inclusive shall be reported to the board by the physician involved within ten days of the judgment, award, settlement, revocation, resignation, or disciplinary action, and the board shall update the physician s profile with such changes within ten days of receipt of such information; and (2) All other changes to the physician profile shall be reported by the physician to the board within 30 days of the change, and the board shall verify and update the physician profile with such new information within 15 days. (f) The physician may request a copy of the profile and may submit corrections to the board. The board shall verify corrections and make changes to the profile within five business days of receipt of the corrected information by the board. The physician may request postcorrection publication by the board to whomever received the profile containing the error.

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(g) Notwithstanding the provisions of subsection (c) of this Code section, no final medical malpractice court judgment, medical malpractice arbitration award, or medical malpractice settlement which was awarded prior to the effective date of this chapter and which was sealed by order of a court prior to the effective date of this chapter shall be required to be disclosed pursuant to subsection (c) of this Code section. No final medical malpractice court judgment, medical malpractice arbitration award, or medical malpractice settlement which is awarded on or after the effective date of this chapter shall be confidential or sealed with regard to information which is needed to comply with the purposes of this chapter.
43-34A-4.
Any person or entity has the right to receive a physician profile from the board upon request. Requests for physician profiles shall be accepted by the board by telephone, in writing, or by electronic mail. The person or entity requesting the profile shall provide the name of the physician for whom a profile is sought. The board may charge a nominal fee for copying as is permitted under subsection (c) of Code Section 50-18-71. The board shall not require the person or entity requesting a physician's profile to use a specific request form or provide a statement of reason for requesting the profile. The board shall not be required to prepare reports, summaries, or compilations of profiles not in existence at the time of the request. The board shall keep both the identity of the person or entity who requests a physician's profile and the request confidential. The board must respond to all requests within three business days by sending a copy of the physician profile to the requester. Fees may be charged in accordance with subsection (c) of Code Section 50-18-7!. A physician may make available his or her current unaltered board approved profile to the patients in his or her practice. The physician may not knowingly disperse a profile that does not disclose recent disciplinary actions, criminal convictions, revocations or restriction of hospital privileges, settlements, medical malpractice judgments, or arbitration awards as set forth in paragraphs (11) through (17) of subsection (c) of Code Section 43-34A-3.
43-34A-5. A patient has the right to inquire as to the estimated charges for a routine office visit, routine treatments, and lab tests prior to receiving such treatment. When asked for such information, the physician or other authorized personnel shall give such information freely and without reservation or evasion. Violation of this right should be reported immediately to the board. Physicians are not responsible for ascertaining the details of the patient's insurance coverage and explaining such information to the patient. A physician may require the payment of his or her fee or any applicable copayment in advance of delivering professional services unless otherwise prohibited by law.

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43-34A-6. (a) The patient or any person that the board deems to have a legitimate interest has the right to file a grievance with the board concerning a physician, staff, office, or treatment received. (b) A declaration of the patient's rights shall be prominently displayed in conspicuous language in the physician's waiting room. This declaration may be contained in the same notice as the right to obtain physician profiles. The declaration of rights shall contain the following statement:
The patient has the right to file a grievance with the Composite State Board of Medical Examiners concerning the physician, staff, office, and treatment received. The patient should either call the board with such a complaint or send a written complaint to the board. The patient should be able to provide the physician or practice name, the address, and the specific nature of the complaint.' Such notice shall include the current phone number and address of the board. (c) The board must review every complaint received to determine if there is sufficient evidence to warrant an investigation according to a procedure established by board regulation. Only investigated complaints upon which the board has taken disciplinary action shall be included in a physician's profile. The board must take the appropriate action as set forth in the regulations promulgated by the board. The board must respond in writing to the complaint within 60 days. In the response, the board shall inform the person whether the complaint is being referred for investigation, and if the complaint has been investigated, the results of the investigation or whether further investigation is required, and any board action taken.
43-34A-7. (a) Any physician or authorized personnel violating any provision ofthis chapter shall be assessed a monetary fine as determined by the board by regulation for each day or instance of violation. (b) A record of the violation shall be maintained as part of the physician profile.
43-34A-8. (a) The board shall have profiles ready and be able to respond to request for profiles no later than July 1, 2002. (b) All regulations required under this chapter shall be promulgated by the board by July 1,2002.'
SECTION 6.
This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

_____________GEORGIA LAWS 2001 SESSION___________201
SECTION 7. All laws and parts of laws in conflict with this Act are repealed.
Approved April 11,2001.
LABOR AND INDUSTRIAL RELATIONS MINIMUM WAGE.
Code Section 34-4-3 Amended.
No. 32 (Senate Bill No. 14).
AN ACT
To amend Chapter 4 of Title 34 of the Official Code of Georgia Annotated, the "Georgia Minimum Wage Law," so as to provide for an increase in the minimum wage; 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 4 of Title 34 of the Official Code of Georgia Annotated, the "Georgia Minimum Wage Law," is amended by striking Code Section 34-4-3, relating to the amount of minimum wage to be paid by employers, and inserting in lieu thereof the following:
"34-4-3. (a) Except as otherwise provided in this Code section, every employer, whether a person, firm, or corporation, shall pay to all covered employees a minimum wage which shall be not less than $5.15 per hour for each hour worked in the employment of such employer. (b) This chapter shall not apply with respect to:
(1) Any employer that has sales of $40,000.00 per year or less; (2) Any employer having five employees or less; (3) Any employer of domestic employees; (4) Any employer who is a farm owner, sharecropper, or land renter; (5) Any employee whose compensation consists wholly or partially of gratuities; (6) Any employee who is a high school or college student; (7) Any individual who is employed as a newspaper carrier; or (8) Any individual who is employed by a nonprofit child-caring institution or long-term care facility serving children or mentally disabled adults who are enrolled in such institution and reside in residential facilities of the institution,

202________GENERAL ACTS AND RESOLUTIONS________
if such employee resides in such facilities, receives without cost board and lodging from such institution, and is compensated on a cash basis at an annual rate of not less than $10,000.00. (c) This chapter shall not apply to any employer who is subject to the minimum wage provisions of any act of Congress as to employees covered thereby if such act of Congress provides for a minimum wage which is greater than the minimum wage which is provided for in this Code section.'
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.
Approved April 13, 2001.
REVENUE AND TAXATION - STATE SALES AND USE TAX; EXEMPTIONS FOR FILM PRODUCTION
AND DIGITAL BROADCAST EQUIPMENT.
Code Section 48-8-3 Amended.
No. 35 (House Bill No. 610).
AN ACT
To amend Code Section 48-8-3 ofthe Official Code ofGeorgia Annotated, relating to exemptions from state sales and use tax, so as to provide for an exemption with respect to the sale or use of certain film production equipment or services; to provide for an exemption with respect to the sale or use of certain digital broadcast equipment; to provide for definitions; to provide for procedures, conditions, and limitations; to provide for powers, dates, and authority of the state revenue commissioner; to provide effective dates; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to exemptions from state sales and use tax, is amended by striking "or" at the end of paragraph (71), by striking the period at the end of paragraph (72) and inserting in its place "; or", and by adding a new paragraph immediately following paragraph (72), to be designated paragraph (73), to read as follows:
"(73)(A) The sale or lease of production equipment or production services for use in this state by a certified film producer or certified film production company for qualified production activities.

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(B) As used in this paragraph, the term; (i) 'Film producer' means any person engaged in the business of organizing and supervising qualified production activities, (ii) 'Film production company' means any company that employs one or more film producers and whose goal is to engage in film production activity. (iii) 'Qualified production activities' means the production or post production of film or video projects such as feature films, series, pilots, movies for television, commercials, music videos, or sound recordings used in feature films, series, pilots, or movies for television, for which the film producer or film production company will be compensated and which are intended for nation-wide commercial distribution, (iv) 'Production equipment' means items purchased or leased for use exclusively in qualified production activities in Georgia, including, but not limited to, cameras, camera supplies, camera accessories, lighting equipment, cables, wires, generators, motion picture film and videotape stock, cranes, booms, dollies, and teleprompters. (v) 'Production services' means services purchased for use exclusively in qualified production activities in Georgia, including, but not limited to, digital or tape editing, film processing, transfers of film to tape or digital format, sound mixing, computer graphics services, special effects services, animation services, and script production.
(C) Any person making a sale of production equipment or production services to a film producer or film production company as specified in this paragraph shall collect the tax imposed on the sale by this article unless the purchaser furnishes such seller with a certificate issued by the commissioner certifying that the purchaser is entitled to purchase the production equipment or production services without paying the tax. As a condition precedent to the issuance ofthe certificate, film producers and film production companies shall submit an application to the commissioner for designation as a certified film producer or certified film production company. Such application shall not be valid without prior written approval by the Georgia Film and Videotape Office of the Department of Industry, Trade, and Tourism."
SECTION 2. Said Code section is further amended by adding a new paragraph immediately following paragraph (73), to be designated paragraph (74), to read as follows:
"(74)(A)(i) Except as otherwise provided in divisions (ii) and (iii) of this subparagraph, the sale or use of digital broadcast equipment sold to, leased to, or used by a federally licensed commercial or public radio or television broadcast station, a cable network, or a cable distributor that enables a radio or television station, cable network, or cable distributor to originate and broadcast or transmit or to receive and broadcast or transmit digital signals, including, but not limited to, digital broadcast equipment required by the Federal Communications Commission.

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(ii) For commercial or public television broadcasters and cable distributors, such equipment shall be limited to antennas, transmission lines, towers, digital transmitters, studio to transmitter links, digital routing switchers, character generators, Advanced Television Systems Committee video encoders and multi-plexers, monitoring facilities, cameras, terminal equipment, tape recorders, and file servers. (iii) For radio broadcasters, such equipment shall be limited to transmitters, digital audio processors, and diskettes. (B) As used in this paragraph, the term: (i) 'Digital broadcast equipment' means equipment purchased, leased, or used for the origination or integration of program materials for broadcast over the airwaves or transmission by cable, satellite, or fiber optic line which uses or produces an electronic signal where the signal carries data generated, stored, and processed as strings of binary data. Data transmitted or stored as digital data consists of strings of positive or nonpositive elements of a transmission expressed in strings of O's and 1 's which a computer or processor can reconstruct as an electronic signal, (ii) 'Federally licensed commercial or public radio or television broadcast station' means any entity or enterprise, either commercial or noncommercial, which operates under a license granted by the Federal Communications Commission for the purpose of free distribution of audio and video services when the distribution occurs by means of transmission over the public airwaves. (C) The exemption provided under this paragraph shall not apply to any of the following: (i) Repair or replacement parts purchased for the equipment described in this paragraph; (ii) Equipment purchased to replace equipment for which an exemption was previously claimed and taken under this paragraph; (iii) Any equipment purchased after a television station, cable network, or cable distributor has ceased analog broadcasting, or purchased after November 1, 2004, whichever occurs first; or (iv) Any equipment purchased after a radio station has ceased analog broadcasting, or purchased after November 1, 2008, whichever occurs first. (D) Any person making a sale of digital broadcasting equipment to a federally licensed commercial or public radio or television broadcast station, cable network, or cable distributor shall collect the tax imposed on the sale by this article unless the purchaser furnishes a certificate issued by the commissioner certifying that the purchaser is entitled to purchase the equipment without paying the tax."

_____________GEORGIA LAWS 2001 SESSION___________205
SECTION 3. (a) Except as otherwise provided in subsection (b) of this section, this Act shall become effective on July 1, 2001. (b) Section 1 of this Act shall become effective on January 1, 2002.
SECTION 4. All laws and parts of laws in conflict with this Act are repealed.
Approved April 13, 2001.
BANKING AND FINANCE - INDUSTRIAL LOANS; FEES AND CHARGES.
Code Section 7-3-14 Amended.
No. 129 (House Bill No. 152).
AN ACT
To amend Chapter 3 of Title 7 of the Official Code of Georgia Annotated, relating to industrial loans, so as to change the loan fees and late fees; to increase the monthly maintenance charge; 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 3 ofTitle 7 ofthe Official Code ofGeorgia Annotated, relating to industrial loans, is amended by striking Code Section 7-3-14, relating to maximum loan amount, period, and charges, and inserting in lieu thereof a new Code section to read as follows:
'7-3-14. Every licensee under this chapter may loan any sum of money not exceeding $3,000.00 for a period of 36 months and 15 days or less and may charge, contract for, collect, and receive interest and fees and may require the fulfillment of conditions on such loans as provided in this Code section:
(1) INTEREST. A licensee may charge, contract for, receive, and collect interest at a rate not to exceed 10 percent per annum of the face amount of the contract, whether repayable in one single payment or repayable in monthly or other periodic installments. On loan contracts repayable in 18 months or less, the interest may be discounted in advance; and, on contracts repayable over a greater period, the interest shall be added to the principal amount of the loan.

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On all contracts, interest or discount shall be computed proportionately on equal calendar months; (2) LOAN FEE. In addition thereto, a licensee may charge, contract for, receive, or collect at the time the loan is made a fee in an amount not greater than 8 percent of the first $600.00 of the face amount of the contract plus 4 percent of the excess; provided, however, that such fee shall not be charged or collected on that part of a loan which is used to pay or apply on a prior loan or installment of a prior loan from the same licensee to the same borrower made within the immediately preceding six-month period; provided, however, if the loan balance is $300.00 or less, the said period shall be two months, not six months; provided, further, that nothing contained in this paragraph and paragraph (1) of this Code section shall be construed to permit charges, interest, or fees of any nature whatsoever in the aggregate in excess of the charges, interest, and fees which would constitute a violation of Code Section 7-4-18 and this chapter shall in no way affect Code Section 7-4-18. If a borrower prepays his or her entire loan to a licensee and within the following 15 days makes a new loan with that licensee and if this is done within the six-month period or the two-month period above described, as may be applicable, the fee may be charged only on the excess by which the face amount of the new contract exceeds the amount which the borrower repaid to that licensee within the said 15 day period; (3) INSURANCE PREMIUMS. A licensee may charge and collect from the borrower premiums actually paid or to be paid for insurance obtained for the borrower. A licensee may accept as security on any loan or advance made under this chapter any one or any combination of the following:
(A) Insurance on tangible property against substantial risks or loss; (B) Reasonable insurance on the life and health of the principal party; or (C) Reasonable insurance against accident of the principal party; provided, however, that any such insurance shall be reasonably related to the type and value of the property insured and to the amount and term of the loan and shall be obtained from an insurance company authorized to conduct such business in the State of Georgia and at rates lawfully filed by such company with the Commissioner of Insurance and through a regular insurance agent licensed by the Commissioner of Insurance; provided, further, the amount of life, health, or accident insurance required as security for loans made under this chapter shall not exceed the amount of the loan, including charges, to be secured; and the premiums on such insurance required of the principal party obligated shall be limited to premiums reasonably based upon reliable actuarial experience and sound insurance practice; and the Commissioner is authorized and directed to promulgate rules and regulations to effectuate this provision in accordance with the spirit and intent thereof. It shall be the duty of the Commissioner from time to time under the foregoing direction, after public hearing in the manner provided in subsection (b) of Code Section 7-3-7, to determine and promulgate the rates and maximum premiums permissible to be charged for life, health, and accident insurance required as security for a loan

____________GEORGIA LAWS 2001 SESSION__________207
made under this chapter and to make regulations incident thereto necessary to effectuate the same; such premiums, when thus established and as changed from time to time in the manner aforesaid, shall be the maximum effective and permissible charges under this paragraph. Premiums paid or to be paid pursuant to the authority of this paragraph shall not constitute interest. The insurance company in turn may pay to the party writing the insurance policy sold in connection with the loan a fee or commission in an amount which is reasonable in relationship to the transaction and in no event in excess of the amount of fee or commission customarily paid within the industry where comparable insurance is sold in a transaction not involving credit, as determined by the Commissioner; (4) LATE CHARGE. A licensee may charge and collect from the borrower a late or delinquent charge of $10.00 or an amount equal to 50 for each $1.00 of any installment which is not paid within five days from the date such payment is due, whichever is greater, provided that this late or delinquent charge shall not be collected more than once for the same default; and (5) MAINTENANCE CHARGE. In addition thereto, a licensee may contract for, charge, receive, and collect a maintenance charge of $3.00 for each month in the term of the loan contract on each loan made, whether repayable in one single payment or repayable in weekly, monthly, or other periodic installments. Refunds of unearned maintenance charges shall be made in accordance with the method prescribed in Code Section 7-3-17, and such maintenance charges will be subject to paragraph (4) of this Code section. Nothing contained in Code Section 7-4-18, as now or hereafter amended, shall be construed to apply to this paragraph; and loans made in conformity with this paragraph shall in no way constitute a violation of Code Section 7-4-18, as now or hereafter amended."
SECTION 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.
Approved April 13,2001.

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MOTOR VEHICLES AND TRAFFIC PROMOTION OF SAFE OPERATION OF MOTOR VEHICLES ON PUBLIC ROADS.
Code Title 40 Amended. Code Sections 42-8-111 and 42-8-112 Amended.
Code Section 43-13-10 Amended.
No. 161 (House Bill No. 385).
AN ACT
To amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, so as to provide for the Blue Ribbon Young Driver and DUI Study Commission; to change certain provisions relating to implied consent to chemical tests; to change certain provisions relating to suspension or revocation of license of habitually negligent or dangerous driver and the point system; to change certain provisions relating to chemical tests to determine whether a driver is under the influence of alcohol or drugs, implied consent notices, rights of motorists, and administrative procedures; to change certain provisions relating to possession of an open container of alcoholic beverage while operating vehicle; to change certain provisions relating to driving under the influence of alcohol, drugs, or other intoxicating substances; to change certain provisions relating to chemical tests for alcohol or drugs; to define the offense of aggressive driving and provide punishment for such offense; to change certain provisions relating to surrender of license plates of habitual violators; to change certain provisions relating to revocation of licenses of persons under age 21 for certain offenses and issuance of new licenses following revocations; to change certain provisions relating to periods of suspension and conditions to return of driver's license; to change certain provisions relating to terms and conditions for suspension of driver's license under subsection (c) of Code Section 40-5-67 1; to amend Article 7 of Chapter 8 of Title 42 of the Official Code of Georgia Annotated, relating to ignition interlock devices as condition of probation, so as to change certain provisions relating to court ordered installation of ignition interlock devices, completion of alcohol and drug reduction program, notice to the Department of Public Safety, and fees for drivers' licenses; to change certain provisions relating to proof of compliance required for reinstatement of certain drivers' licenses and for obtaining probationary licenses and reporting requirements; to amend Code Section 43-13-10 of the Official Code of Georgia Annotated, relating to exceptions to operation of "The Driver Training School License Act," so as to expressly authorize driver training courses to be conducted by secondary schools; to provide effective dates; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

____________GEORGIA LAWS 2001 SESSION__________209
PART I SECTION 1-0.
Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, is amended by inserting a new Code Section 40-5-7 to read as follows:
"40-5-7.
(a) There is created the Blue Ribbon Young Driver and DUI Study Commission to be composed of 21 members to be appointed as follows: seven members shall be appointed by the Governor, seven members shall be appointed by the President of the Senate, and seven members shall be appointed by the Speaker of the House of Representatives. In making such appointments, due consideration shall be given to appointing persons from geographic areas throughout the state and to including persons who work in law enforcement, parents of young drivers, and relatively young or less experienced drivers. The Governor shall designate a person to serve as chairperson of the commission. The chairperson shall call all meetings of the commission. (b) The commission shall undertake a study of the special conditions, needs, issues, and problems related to:
(1) Young drivers in this state, including without limitation issues concerning driver education and appropriate driving age for rural and urban areas; and (2) Drivers who operate motor vehicles while under the influence of alcohol or other intoxicating substances. (c) 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 ofthis Code section, provided that the commission shall give due regard to conducting hearings at locations throughout the state. (d) Any 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 by concurrence of the Governor, President of the Senate, and Speaker of the House of Representatives. Any members of the commission who are public officers of the executive branch shall receive no compensation for their services on the commission, but they shall be reimbursed for expenses incurred by them in the performance oftheir duties as members ofthe commission. Any members of the commission who are not legislative members or public officers of the executive branch shall receive no compensation for their services on the commission, but they shall receive a daily expense allowance in the amount specified in subsection (b) of Code Section 45-7-21. The funds necessary for the reimbursement of the expenses of the public officers of the executive branch shall come from funds appropriated or otherwise available to their departments. All other funds necessary to carry out the provisions of this Code section shall come from the funds appropriated to or otherwise available to the House of Representatives and Senate.

210________GENERAL ACTS AND RESOLUTIONS__________
(e) The commission shall recommend any actions or legislation which the commission deems necessary or appropriate. The commission shall make an interim report of its findings and recommendations with suggestions for proposed legislation, if any, to the Governor and the General Assembly not later than December 15,2001. The commission shall make a final report of its findings and recommendations with suggestions for proposed legislation, if any, to the Governor and the General Assembly not later than June 30, 2002. (f) The commission shall stand abolished and this Code section shall be automatically repealed on December 31, 2002."
SECTION 1-1. Said title is further amended in Code Section 40-5-55, relating to implied consent to chemical tests, by striking subsection (a) and inserting in lieu thereof the following:
"(a) The State of Georgia considers that any person who drives or is in actual physical control of any moving vehicle in violation of any provision of Code Section 40-6-391 constitutes a direct and immediate threat to the welfare and safety of the general public. Therefore, any person who operates a motor vehicle upon the highways or elsewhere throughout this state shall be deemed to have given consent, subject to Code Section 40-6-392, to a chemical test or tests of his or her blood, breath, urine, or other bodily substances for the purpose of determining the presence of alcohol or any other drug, if arrested for any offense arising out of acts alleged to have been committed in violation of Code Section 40-6-391 or if such person is involved in any traffic accident resulting in serious injuries or fatalities. The test or tests shall be administered at the request of a law enforcement officer having reasonable grounds to believe that the person has been driving or was in actual physical control of a moving motor vehicle upon the highways or elsewhere throughout this state in violation of Code Section 40-6-391. The test or tests shall be administered as soon as possible to any person who operates a motor vehicle upon the highways or elsewhere throughout this state who is involved in any traffic accident resulting in serious injuries or fatalities. Subject to Code Section 40-6-392, the requesting law enforcement officer shall designate which of the test or tests shall be administered, provided a blood test with drug screen may be administered to any person operating a motor vehicle involved in a traffic accident resulting in serious injuries or fatalities."
SECTION 1-2. Said title is further amended in Code Section 40-5-57, relating to suspension or revocation of license of habitually negligent or dangerous driver and the point system, by striking subparagraph (c)(l)(A) and inserting in lieu thereof the following:
"(c)(l)(A) Except as provided in subparagraph (C) of this paragraph, the points to be assessed for each offense shall be as provided in the following schedule:

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Aggressive driving .................................... 6 points
Reckless driving ..................................... 4 points
Unlawful passing of a school bus ........................ 6 points
Improper passing on a hill or a curve ..................... 4 points
Exceeding the speed limit by more than 14 miles per hour but less than 19 miles per hour ................................. 2 points
Exceeding the speed limit by 19 miles per hour or more but less than 24 miles per hour ................................. 3 points
Exceeding the speed limit by 24 miles per hour or more but less than 34 miles per hour ................................. 4 points
Exceeding the speed limit by 34 miles per hour or more ....... 6 points
Disobedience of any traffic-control device or traffic officer .... 3 points
Too fast for conditions ................................ 0 points
Possessing an open container of an alcoholic beverage while driving ............................................. 2 points
Failure to adequately secure a load, except fresh farm produce, resulting in loss of such load onto the roadway which results in an accident ............................................ 2 points
Violation of child safety restraint requirements, first offense ... 1 point
Violation of child safety restraint requirements, second or subsequent offense .................................... 2 points
All other moving traffic violations which are not speed limit violations ........................................... 3 points"
SECTION 1-3. Said title is further amended in Code Section 40-5-67.1, relating to chemical tests to determine whether a driver is under the influence of alcohol or drugs, implied consent notices, rights of motorists, and administrative procedures, by striking paragraphs (1) and (2) of subsection (b), subsection (c), and subparagraph (g)(2)(E) and inserting in lieu thereof the following:
"(1) Implied consent notice for suspects under age 21: 'Georgia law requires you to submit to state administered chemical tests of your blood, breath, urine, or other bodily substances for the purpose of

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determining if you are under the influence of alcohol or drugs. If you refuse this testing, your Georgia driver's license or privilege to drive on the highways of this state will be suspended for a minimum period of one year. Your refusal to submit to the required testing may be offered into evidence against you at trial. If you submit to testing and the results indicate an alcohol concentration of 0.02 grams or more, your Georgia driver's license or privilege to drive on the highways of this state may be suspended for a minimum period of one year. After first submitting to the required state tests, you are entitled to additional chemical tests of your blood, breath, urine, or other bodily substances at your own expense and from qualified personnel of your own choosing. Will you submit to the state administered chemical tests of your (designate which tests) under the implied consent law?' (2) Implied consent notice for suspects age 21 or over: 'Georgia law requires you to submit to state administered chemical tests of your blood, breath, urine, or other bodily substances for the purpose of determining if you are under the influence of alcohol or drugs. If you refuse this testing, your Georgia driver's license or privilege to drive on the highways of this state will be suspended for a minimum period of one year. Your refusal to submit to the required testing may be offered into evidence against you at trial. If you submit to testing and the results indicate an alcohol concentration of 0.08 grams or more, your Georgia driver's license or privilege to drive on the highways of this state may be suspended for a minimum period of one year. After first submitting to the required state tests, you are entitled to additional chemical tests of your blood, breath, urine, or other bodily substances at your own expense and from qualified personnel of your own choosing. Will you submit to the state administered chemical tests of your (designate which tests) under the implied consent law?" "(c) If a person under arrest or a person who was involved in any traffic accident resulting in serious injuries or fatalities submits to a chemical test upon the request of a law enforcement officer and the test results indicate that a suspension or disqualification is required under this Code section, the results shall be reported to the department. Upon the receipt of a sworn report of the law enforcement officer that the officer had reasonable grounds to believe the arrested person had been driving or was in actual physical control of a moving motor vehicle upon the highways or elsewhere throughout this state in violation of Code Section 40-6-391 or that such person had been driving or was in actual physical control of a moving motor vehicle upon the highways or elsewhere throughout this state and was involved in a traffic accident involving serious injuries or fatalities and that the person submitted to a chemical test at the request of the law enforcement officer and the test results indicate either an alcohol concentration of 0.08 grams or more or, for a person under the age of 21, an alcohol concentration of 0.02 grams or more, the department shall suspend the person's driver's license, permit, or nonresident operating privilege pursuant to

_____________GEORGIA LAWS 2001 SESSION___________213
Code Section 40-5-67.2, subject to review as provided for in this chapter. Upon the receipt of a sworn report of the law enforcement officer that the arrested person had been operating or was in actual physical control of a moving commercial motor vehicle and the test results indicate an alcohol concentration of 0.04 grams or more, the department shall disqualify the person from operating a motor vehicle for a minimum period of one year."
"(E) Whether a test or tests were administered and the results indicated an alcohol concentration of 0.08 grams or more or, for a person under the age of 21, an alcohol concentration of 0.02 grams or more or, for a person operating or having actual physical control of a commercial motor vehicle, an alcohol concentration of 0.04 grams or more; and"
SECTION 1-4. Said title is further amended by striking Code Section 40-6-253, relating to possession of open container of alcoholic beverage while operating vehicle, and inserting in lieu thereof the following:
"40-6-253.
(a) As used in this Code section, the term: (1) 'Alcoholic beverage'means: (A) Beer, ale, porter, stout, and other similar fermented beverages, including sake or similar products, of any name or description containing one-half of 1 percent or more of alcohol by volume, brewed or produced from malt, wholly or in part, or from any substitute therefor; (B) Wine of not less than one-half of 1 percent of alcohol by volume; or (C) Distilled spirits which is that substance known as ethyl alcohol, ethanol, or spirits of wine in any form, including all dilutions and mixtures thereof from whatever source or by whatever process produced. (2) 'Open alcoholic beverage container' means any bottle, can, or other receptacle that: (A) Contains any amount of alcoholic beverage; and (B)(i) Is open or has a broken seal; or (ii) The contents of which are partially removed. (3) 'Passenger area' means the area designed to seat the driver and passengers while a motor vehicle is in operation and any area that is readily accessible to the driver or a passenger while in his or her seating position; provided, however, that such term does not include any locked glove compartment or, in a passenger car not equipped with a trunk, any area behind the rearmost upright seat or not normally occupied by the driver or passengers. (b)(l) A person shall not: (A) Consume any alcoholic beverage; or (B) Possess any open alcoholic beverage container in the passenger area of any motor vehicle which is on the roadway or shoulder of any public highway. (2) The provisions of paragraph (1) of this subsection shall not apply to any passenger in the passenger area of a motor vehicle designed, maintained, or

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used primarily for the transportation of persons for compensation or in the living quarters of a motor home or house trailer. (3) Only a person who consumes an alcoholic beverage or possesses an open alcoholic beverage container in violation of this Code section shall be charged with such offense; provided, however, that an operator of a motor vehicle who is alone in the passenger area of such motor vehicle shall be deemed to be in possession of any open alcoholic beverage container in such passenger area. (c) Any person who violates this Code section is subject to a fine not to exceed $200.00."
SECTION 1-5. Said title is further amended in Code Section 40-6-391, relating to driving under the influence of alcohol, drugs, or other intoxicating substances, by striking paragraph (5) of subsection (a), paragraphs (2) and (3) of subsection (c), and paragraph (4) of subsection (k) and inserting in lieu thereof the following:
"(5) The person's alcohol concentration is 0.08 grams or more at any time within three hours after such driving or being in actual physical control from alcohol consumed before such driving or being in actual physical control ended; or" "(2) For the second conviction within a five-year period of time, as measured from the dates ofprevious arrests for which convictions were obtained or pleas of nolo contendere were accepted to the date of the current arrest for which a conviction is obtained or a plea of nolo contendere is accepted:
(A) A fine of not less than $600.00 nor more than $1,000.00, which fine shall not, except as provided in subsection (g) of this Code section, be subject to suspension, stay, or probation; (B) A period of imprisonment of not less than 90 days nor more than 12 months. The judge shall probate at least a portion of such term of imprisonment, in accordance with subparagraph (F) of this paragraph, thereby subjecting the offender to the provisions of Article 7 of Chapter 8 of Title 42 and to such other terms and conditions as the judge may impose; provided, however, that the offender shall be required to serve not less than 72 hours of actual incarceration; (C) Not less than 30 days of community service; (D) Completion of a DUI Alcohol or Drug Use Risk Reduction Program approved by the Department of Human Resources. The sponsor of any such program shall provide written notice of such approval to the person upon enrollment in the program; (E) Undergoing a clinical evaluation as defined in Code Section 40-5-1 and, if indicated by such evaluation, completion of a substance abuse treatment program as defined in Code Section 40-5-1; and (F) A period of probation of 12 months less any days during which the defendant is actually incarcerated; or (3) For the third or subsequent conviction within a five-year period of time, as measured from the dates of previous arrests for which convictions were

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obtained or pleas of nolo contendere were accepted to the date of the current arrest for which a conviction is obtained or a plea of nolo contendere is accepted:
(A) A fine of not less than $1,000.00 and not more than $5,000.00, which fine shall not, except as provided in subsection (g) of this Code section, be subject to suspension, stay, or probation; (B) A mandatory period of imprisonment of not less than 120 days nor more than 12 months. The judge shall probate at least a portion of such term of imprisonment, in accordance with subparagraph (F) of this paragraph, thereby subjecting the offender to the provisions of Article 7 of Chapter 8 of Title 42 and to such other terms and conditions as the judge may impose; provided, however, that the offender shall be required to serve not less than 15 days of actual incarceration; (C) Not less than 30 days of community service; (D) Completion of a DUI Alcohol or Drug Use Risk Reduction Program approved by the Department of Human Resources. The sponsor of any such program shall provide written notice of such approval to the person upon enrollment in the program; (E) Undergoing a clinical evaluation as defined in Code Section 40-5-1 and, if indicated by such evaluation, completion of a substance abuse treatment program as defined in Code Section 40-5-1; and (F) A period of probation of 12 months less any days during which the defendant is actually incarcerated.'
SECTION 1-6. Said title is further amended in Code Section 40-6-392, relating to chemical tests for alcohol or drugs, by striking subsections (b), (c), and (e) and inserting in lieu thereof the following:
"(b) Except as provided in subsection (c) of this Code section, upon the trial of any civil or criminal action or proceeding arising out of acts alleged to have been committed by any person in violation of Code Section 40-6-391, the amount of alcohol in the person's blood at the time alleged, as shown by chemical analysis of the person's blood, urine, breath, or other bodily substance, may give rise to inferences as follows:
(1) If there was at that time an alcohol concentration of 0.05 grams or less, the trier of fact in its discretion may infer therefrom that the person was not under the influence of alcohol, as prohibited by paragraphs (1) and (4) of subsection (a) of Code Section 40-6-391; or (2) If there was at that time an alcohol concentration in excess of 0.05 grams but less than 0.08 grams, such fact shall not give rise to any inference that the person was or was not under the influence of alcohol, as prohibited by paragraphs (1) and (4) of subsection (a) of Code Section 40-6-391, but such fact may be considered by the trier of fact with other competent evidence in determining whether the person was under the influence of alcohol, as

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prohibited by paragraphs (1) and (4) of subsection (a) of Code Section 40-6-391. (c)(. 1) In any civil or criminal action or proceeding arising out of acts alleged to have been committed in violation of paragraph (5) of subsection (a) of Code Section 40-6-391, if there was at that time or within three hours after driving or being in actual physical control of a moving vehicle from alcohol consumed before such driving or being in actual physical control ended an alcohol concentration of 0.08 or more grams in the person's blood, breath, or urine, the person shall be in violation of paragraph (5) of subsection (a) of Code Section 40-6-391. (1) In any civil or criminal action or proceeding arising out of acts alleged to have been committed by any person in violation of subsection (i) of Code Section 40-6-391, if there was at that time or within three hours after driving or being in actual physical control of a moving vehicle from alcohol consumed before such driving or being in actual physical control ended an alcohol concentration of 0.04 grams or more in the person's blood, breath, or urine, the person shall be in violation of subsection (i) of Code Section 40-6-391. (2) In any civil or criminal action or proceeding arising out of acts alleged to have been committed by any person in violation of subsection (k) of Code Section 40-6-391, if there was at that time or within three hours after driving or being in actual physical control of a moving vehicle from alcohol consumed before such driving or being in actual physical control ended an alcohol concentration of 0.02 grams or more in the person's blood, breath, or urine, the person shall be in violation of subsection (k) of Code Section 40-6-391." "(e)(l) A certification by the office of the Secretary of State or by the Department of Human Resources that a person who drew blood was a licensed or certified physician, physician's assistant, registered nurse, practical nurse, medical technologist, medical laboratory technician, or phlebotomist at the time the blood was drawn; (2) Testimony, under oath, of the blood drawer; or (3) Testimony, under oath, ofthe blood drawer's supervisor or medical records custodian that the blood drawer was properly trained and authorized to draw blood as an employee of the medical facility or employer shall be admissible into evidence for the purpose of establishing that such person was qualified to draw blood as required by this Code section."
SECTION 1-7. Said title is further amended by adding a new Code Section 40-6-397 to read as follows:
'40-6-397.
(a) A person commits the offense of aggressive driving when he or she operates any motor vehicle with the intent to annoy, harass, molest, intimidate, injure, or obstruct another person, including without limitation violating Code Section 40-6-42,40-6-48,40-6-49,40-6-123,40-6-184,40-6-312, or 40-6-390 with such intent.

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(b) Any person convicted of aggressive driving shall be guilty of a misdemeanor of a high and aggravated nature."
SECTION 1-8. Article 7 of Chapter 8 of Title 42 of the Official Code of Georgia Annotated, relating to ignition interlock devices as condition of probation, is amended by striking Code Section 42-8-111, relating to court ordered installation of ignition interlock devices, completion of alcohol and drug reduction program, notice to the Department of Public Safety, and fees for drivers' licenses, and inserting in lieu thereof the following:
"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 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, for which such person is granted probation, the court shall order as conditions of probation that:
(1) Such person shall have installed and shall maintain in each motor vehicle registered in such person's name throughout the applicable six-month period prescribed by subsection (b) of Code Section 42-8-112 a functioning, certified ignition interlock device, unless the court exempts the person from the requirements of this paragraph based upon the court's determination that such requirements would subject the person to undue financial hardship; and (2) Such person shall have installed and shall maintain in any other motor vehicle to be driven by such person during the applicable six-month period prescribed by subsection (b) of Code Section 42-8-112 a functioning, certified ignition interlock device, and such person shall not during such six-month period drive any motor vehicle whatsoever that is not so equipped 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 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 to the extent required by subsection (a) of this Code section. (c) In the case of any person subject to the provisions of subsection (a) of this Code section, the court shall include in the record of conviction or violation submitted to the Department of Public Safety or its successor agency notice of the requirement for, and the period of the requirement for, the use of a certified ignition interlock device. Such notice shall specify any exemption from the installation requirements of paragraph (1) of subsection (a) of this Code section and any vehicles subject to the installation requirements of paragraph (2) of said

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subsection. The records of the Department of Public Safety or its successor agency 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. (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."
SECTION 1-9. Said article is further amended by striking Code Section 42-8-112, relating to proof of compliance required for reinstatement of certain drivers' licenses and for obtaining probationary licenses and reporting requirements, and inserting in lieu thereof the following:
"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 to the extent required by subsection (a) of Code Section 42-8-111 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)(l) 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 or its successor agency not later than ten days after the date on which such person first becomes eligible to apply for an ignition interlock device limited driving permit in accordance with paragraph (2) of this subsection or a habitual violator's probationary license in accordance with paragraph (3) of this subsection, whichever is applicable. If

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such person fails to provide proof of installation to the extent required by subsection (a) of Code Section 42-8-111 within the period required by this subsection, 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 if such is still applicable. (2) If the person subject to court ordered use of an ignition interlock device as a condition ofprobation 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 device installed and shall maintain such ignition interlock device in a motor vehicle or vehicles to the extent required by subsection (a) of Code Section 42-8-111 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 a vehicle or vehicles to the extent required by subsection (a) of Code Section 42-8-111. Such a person may apply for and be issued an ignition interlock device limited driving permit at the end of 12 months 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) Ifthe person subject to court ordered 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 and maintained in a motor vehicle or vehicles to the extent required by subsection (a) of Code Section 42-8-111 for a period of six months following issuance of the probationary license, and such person 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 six-month 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 installation 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 orthe immediate suspension or revocation ofsuch license. (c) Each resident ofthis state who is required to have an ignition interlock device installed pursuant to this article shall report to the provider center every 30 days for the purpose of monitoring the operation of each required ignition interlock

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device. 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 or its successor agency 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 or its successor agency, at the expense of the provider.'
SECTION 1-10. Code Section 43-13-10 of the Official Code of Georgia Annotated, relating to exceptions to operation of "The Driver Training School License Act," is amended by striking subsection (b) and inserting in lieu thereof the following:
"(b) Any public or private secondary school may conduct driver training courses, subject to the requirement that the provisions of this chapter other than paragraph (2) of Code Section 43-13-4 shall apply to secondary schools conducting driver training courses and to instructors therefor."
PART II SECTION 2-1.
Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, is amended by striking Code Section 40-2-136, relating to surrender of license plates of habitual violators, and inserting in lieu thereof the following:
"40-2-136. (a) Upon any person's second or subsequent conviction of violating 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, the court shall issue an order requiring that the license plates of all motor vehicles registered in such person's name be surrendered to the court. The court shall notify the commissioner ofpublic safety and the commissioner of revenue within ten days after issuing any such order, and the commissioner of revenue shall revoke each such license plate upon receiving such notice. The court shall issue a receipt for the surrendered license plate or plates. The court shall forward the surrendered license plate or plates to the local tag agent immediately upon receipt. For purposes of this subsection, a plea of nolo contendere shall constitute a conviction. (b) Except as provided in subsection (c) of this Code section, no new license plate or plates may be issued to a person subject to a court order issued pursuant to subsection (a) of this Code section until such person has been issued a limited driving permit or probationary driver's license in accordance with Code Section 42-8-112 or the driver's license of such person has been reissued or reinstated, whichever first occurs; and, except as provided in this subsection or subsection (c) of this Code section, it shall be a misdemeanor for such person to obtain a new license plate or plates.

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(c)(l) A person who is subject to a court order issued pursuant to subsection (a) of this Code section may apply to the commissioner of public safety for authorization to obtain a new license plate or plates bearing a special series of numbers and letters so as to be identifiable by law enforcement officers. Such license plate shall not, in and of itself, constitute probable cause to authorize a traffic stop, search of a motor vehicle, or seizure. The commissioner of public safety shall authorize the issuance of such a special license plate only if he or she determines that there is another member of such person's household who possesses a valid driver's license and that a co-owner of the vehicle or a member of the offender's family, other than the offender, is completely dependent upon the motor vehicle for the necessities of life and would be subjected to undue hardship without such special license plate; in no event shall such decision take more than five business days. A local tag agent shall not issue any plates except on written approval of the commissioner of public safety, payment of a $20.00 fee for each vehicle for which a special plate is issued, and compliance by the applicant with all applicable state laws. The written authorization from the commissioner of public safety shall specify the maximum number of license plates a person may obtain. (2) A motor vehicle owned or leased by a person subject to a court order issued pursuant to subsection (a) of this Code section or for which a license plate has been issued subject to paragraph (1) of this subsection may not be sold or conveyed unless the commissioner of revenue determines, upon receipt of proper application, that the proposed sale or conveyance is in good faith, that the person subject to such court order will be deprived of custody or control of the motor vehicle, and that the sale or conveyance is not for the purpose of circumventing the provisions of this Code section. Upon making such determination, the commissioner of revenue shall transfer the certificate of title to such vehicle and issue a new certificate of registration and license plate. (3) If the title to a motor vehicle owned by a person subject to a court order issued pursuant to subsection (a) of this Code section or for which a license plate has been issued pursuant to paragraph (1) of this subsection is transferred by the foreclosure, cancellation of a conditional sales contract, sale upon execution, or order of a court of competent jurisdiction, the commissioner of revenue shall transfer the certificate of title as provided in Code Section 40-3-34 and issue a new license plate to the new registered owner. (4) Upon full restoration of the driving privileges of a person subject to a court order under subsection (a) of this Code section, the commissioner of public safety shall authorize the person to apply for a regular issue license plate. The fee for a regular issue license plate shall be as provided by Code Section 48-10-2. As a condition of obtaining any regular issue license plate, the person shall surrender his or her special issue license plate to the local tag agent. (5) Nothing in this Code section shall be deemed to waive any lawful requirement for the issuance of a license plate including, but not limited to, proof of financial responsibility.

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(6) Display of a license plate issued pursuant to paragraph (1) of this subsection shall not constitute probable cause for stopping or detaining a vehicle. (7) Any person aggrieved by a decision of the commissioner of public safety pursuant to paragraph (1) of this subsection may make a request in writing to the Office of State Administrative Hearings for a hearing. Such hearing shall follow the procedures required by Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.'"
SECTION 2-2. Said title is further 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 licenses following revocations, 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, or violation of paragraph (3) or (5) of subsection (a) of Code Section 3-3-23, or violation of Code Section 40-6-391 shall be suspended by the department as provided by this Code section. A plea of nolo contendere shall be considered a conviction for purposes of this subsection. Notice of suspension shall be given by certified mail or statutory overnight del (very, 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 suspension. Notice given by certified mail or statutory overnight delivery, 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 suspended under subsection (s) of this Code section shall:
(1) Subject to the requirements of subsection (c) of this Code section and except as otherwise provided by paragraph (2) of this subsection:
(A) Upon a first such suspension, be eligible to apply for license reinstatement and, subject to successful recompletion of the examination requirements of Code Section 40-5-27 and payment of required fees, have his or her driver's license reinstated six months from the date on which the suspended license was surrendered to and received by the department; and (B) Upon a second or subsequent such suspension, be eligible to apply for license reinstatement and, subject to successful recompletion of the examination requirements of Code Section 40-5-27 and payment of required fees, have his or her driver's license reinstated 12 months from the date on

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which the suspended license was surrendered to and received by the department; or (2) If the driver's license was suspended upon conviction for violation of Code Section 40-6-391, be subject to the provisions ofCode Section 40-5-63; except that if such driver was convicted of driving under the influence of alcohol or of having an unlawful alcohol concentration and is otherwise subject to the provisions of paragraph (1) of subsection (a) of Code Section 40-5-63, then such person shall not be eligible for a limited driving permit under Code Section 40-5-64, and: (A) If the driver's alcohol concentration at the time of the offense was less than 0.08 grams, he or she shall not be eligible for license reinstatement until the end of six months; or (B) If the driver's alcohol concentration at the time of the offense was 0.08 grams or more, he or she shall not be eligible for license reinstatement until the end of 12 months. Any driver subject to the provisions of this paragraph shall, as an additional prerequisite for license reinstatement, be required to successfully recomplete the examination requirements of Code Section 40-5-27. (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 suspended pursuant to this Code section, the administrative license suspension period and the license suspension 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 suspension period provided by this Code section. (c) Any driver's license suspended under subsection (a) of this Code section for commission of any offense other than violation of Code Section 40-6-391 shall not become valid and shall remain suspended until such person submits proof of completion of a defensive driving program approved by the Department of Public Safety and pays 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 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 suspended pursuant to this Code section and the restoration fee was paid for such administratively suspended driver's license."
SECTION 2-3. Said title is further amended in Code Section 40-5-63, relating to periods of suspension and conditions to return of license, by striking paragraph (2) of subsection (a) 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

224_________GENERAL ACTS AND RESOLUTIONS___________
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 18 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 or a DUI Alcohol or Drug Use Risk Reduction Program approved by the Department of Human Resources and pays the prescribed restoration fee. A driver's license suspended as a result of a conviction of a violation of Code Section 40-6-391 shall not become valid and shall remain suspended until such person submits proof of completion of a DUI Alcohol or Drug Use Risk Reduction Program approved by the Department of Human Resources and pays the prescribed restoration fee. For purposes of this paragraph, a plea of nolo contendere and all previous accepted pleas of nolo contendere to an offense listed in Code Section 40-5-54 within such five-year period of time shall constitute a conviction. For the purposes of this paragraph, a plea of nolo contendere to a charge of violating Code Section 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 2-4. Said title is further amended in Code Section 40-5-67.2, relating to terms and conditions for suspension of license under subsection (c) of Code Section 40-5-67.1, by striking paragraph (2) of subsection (a) 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. The person shall be eligible to apply to the department for license reinstatement not sooner than 18 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

____________GEORGIA LAWS 2001 SESSION__________225
Program approved by the Department of Human Resources and pays the prescribed restoration fee."
PART III SECTION 3-1.
Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, is amended by striking Code Section 40-2-136, relating to surrender of license plates of habitual violators, and inserting in lieu thereof the following:
"40-2-136.
(a) Upon any person's second or subsequent conviction of violating 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, the court shall issue an order requiring that the license plates of all motor vehicles registered in such person's name be surrendered to the court. The court shall notify the commissioner within ten days after issuing any such order, and the commissioner shall revoke each such license plate upon receiving such notice. The court shall issue a receipt for the surrendered license plate or plates. The court shall forward the surrendered license plate or plates to the local tag agent immediately upon receipt. For purposes of this subsection, a plea of nolo contendere shall constitute a conviction. (b) Except as provided in subsection (c) of this Code section, no new license plate or plates may be issued to a person subject to a court order issued pursuant to subsection (a) of this Code section until such person has been issued a limited driving permit or probationary driver's license in accordance with Code Section 42-8-112 or the driver's license of such person has been reissued or reinstated, whichever first occurs; and, except as provided in this subsection or subsection (c) of this Code section, it shall be a misdemeanor for such person to obtain a new license plate or plates.
(c)(l) A person who is subject to a court order issued pursuant to subsection (a) of this Code section may apply to the commissioner for authorization to obtain a new license plate or plates bearing a special series of numbers and letters so as to be identifiable by law enforcement officers. Such license plate shall not, in and of itself, constitute probable cause to authorize a traffic stop, search of a motor vehicle, or seizure. The commissioner shall authorize the issuance of such a special license plate only if he or she determines that there is another member of such person's household who possesses a valid driver's license and that a co-owner of the vehicle or a member of the offender's family, other than the offender, is completely dependent upon the motor vehicle for the necessities of life and would be subjected to undue hardship without such special license plate; in no event shall such decision take more than five business days. A local tag agent shall not issue any plates except on written approval of the commissioner, payment of a $20.00 fee for each vehicle for which a special plate is issued, and

226_________GENERAL ACTS AND RESOLUTIONS____________
compliance by the applicant with all applicable state laws. The written authorization from the commissioner shall specify the maximum number of license plates a person may obtain. (2) A motor vehicle owned or leased by a person subject to a court order issued pursuant to subsection (a) of this Code section or for which a license plate has been issued subject to paragraph (1) of this subsection may not be sold or conveyed unless the commissioner determines, upon receipt of proper application, that the proposed sale or conveyance is in good faith, that the person subject to such court order will be deprived of custody or control of the motor vehicle, and that the sale or conveyance is not for the purpose of circumventing the provisions of this Code section. Upon making such determination, the commissioner shall transfer the certificate of title to such vehicle and issue a new certificate of registration and license plate. (3) If the title to a motor vehicle owned by a person subject to a court order issued pursuant to subsection (a) of this Code section or for which a license plate has been issued pursuant to paragraph (1) of this subsection is transferred by the foreclosure, cancellation of a conditional sales contract, sale upon execution, or order ofa court ofcompetentjurisdiction, the commissioner shall transfer the certificate of title as provided in Code Section 40-3-34 and issue a new license plate to the new registered owner. (4) Upon full restoration ofthe driving privileges ofa person subject to a court order under subsection (a) of this Code section, the commissioner shall authorize the person to apply for a regular issue license plate. The fee for a regular issue license plate shall be as provided by Code Section 48-10-2. As a condition of obtaining any regular issue license plate, the person shall surrender his or her special issue license plate to the local tag agent. (5) Nothing in this Code section shall be deemed to waive any lawful requirement for the issuance of a license plate including, but not limited to, proof of financial responsibility. (6) Display of a license plate issued pursuant to paragraph (1) of this subsection shall not constitute probable cause for stopping or detaining a vehicle. (7) Any person aggrieved by a decision of the commissioner pursuant to paragraph (1) of this subsection may make a request in writing to the Office of State Administrative Hearings for a hearing. Such hearing shall follow the procedures required by Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act."
SECTION 3-2. Said title is further 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 licenses following revocations, 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

____________GEORGIA LAWS 2001 SESSION___________227
an accident in violation of Code Section 40-6-270, racing on highways or streets, using a motor vehicle in fleeing or attempting to elude an officer, reckless driving, any offense for which four or more points are assessable under subsection (c) of Code Section 40-5-57, purchasing an alcoholic beverage in violation of paragraph (2) of subsection (a) of Code Section 3-3-23, violation of paragraph (3) or (5) of subsection (a) of Code Section 3-3-23, or violation of Code Section 40-6-391 shall be suspended by the department as provided by this Code section. A plea of nolo contendere shall be considered a conviction for purposes of this subsection. Notice of suspension shall be given by certified mail or statutory overnight delivery, 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 suspension. Notice given by certified mail or statutory overnight delivery, 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 suspended under subsection (a) of this Code section shall:
(1) Subject to the requirements of subsection (c) of this Code section and except as otherwise provided by paragraph (2) of this subsection:
(A) Upon a first such suspension, be eligible to apply for license reinstatement and, subject to successful recompletion of the examination requirements of Code Section 40-5-27 and payment of required fees, have his or her driver's license reinstated six months from the date on which the suspended license was surrendered to and received by the department; and (B) Upon a second or subsequent such suspension, be eligible to apply for license reinstatement and, subject to successful recompletion of the examination requirements of Code Section 40-5-27 and payment of required fees, have his or her driver's license reinstated 12 months from the date on which the suspended license was surrendered to and received by the department; or (2) If the driver's license was suspended upon conviction for violation of Code Section 40-6-391, be subject to the provisions of Code Section 40-5-63; except that if such driver was convicted of driving under the influence of alcohol or of having an unlawful alcohol concentration and is otherwise subject to the provisions of paragraph (1) of subsection (a) of Code Section 40-5-63, then such person shall not be eligible for a limited driving permit under Code Section 40-5-64, and: (A) If the driver's alcohol concentration at the time of the offense was less than 0.08 grams, he or she shall not be eligible for license reinstatement until the end of six months; or (B) If the driver's alcohol concentration at the time of the offense was 0.08 grams or more, he or she shall not be eligible for license reinstatement until the end of 12 months.

228_________GENERAL ACTS AND RESOLUTIONS__________
Any driver subject to the provisions of this paragraph shall, as an additional prerequisite for license reinstatement, be required to successfully recomplete the examination requirements of Code Section 40-5-27. (b. 1) 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 suspended pursuant to this Code section, the administrative license suspension period and the license suspension 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 suspension period provided by this Code section. (c) Any driver's license suspended under subsection (a) of this Code section for commission of any offense other than violation of Code Section 40-6-391 shall not become valid and shall remain suspended until such person submits proof of completion of a defensive driving program approved by the department and pays 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 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 suspended pursuant to this Code section and the restoration fee was paid for such administratively suspended driver's license."
SECTION 3-3. Said title is further amended in Code Section 40-5-63, relating to periods of suspension and conditions to return of license, by striking paragraph (2) of subsection (a) 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 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 18 months. Such license shall be reinstated if such person submits proof of completion of a DU1 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 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

_____________GEORGIA LAWS 2001 SESSION___________229
completion of a DUI Alcohol or Drug Use Risk Reduction Program approved by the Department of Human Resources and pays the prescribed restoration fee. For purposes of this paragraph, a plea of nolo contendere and all previous accepted pleas of nolo contendere to an offense listed in Code Section 40-5-54 within such five-year period of time shall constitute a conviction. For the purposes of this paragraph, a plea of nolo contendere to a charge of violating Code Section 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 3-4. Said title is further amended in Code Section 40-5-67.2, relating to terms and conditions for suspension of license under subsection (c) of Code Section 40-5-67.1, by striking paragraph (2) of subsection (a) 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. The person shall be eligible to apply to the department for license reinstatement not sooner than 18 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."
PART IV SECTION 4-1.
(a) This Act shall become effective July 1,2001, except as otherwise provided by subsection (b) of this section. (b) Each provision amended in Part 111 of this Act shall become effective and supersede that respective provision amended in Part II of this Act on July 1, 2001, or on such date thereafter as that same provision, as amended by an Act approved April 28, 2000 (Ga. L. 2000, p. 951), becomes fully effective pursuant to Section 13-1 of that 2000 Act, whichever is later.

230_________GENERAL ACTS AND RESOLUTIONS
SECTION 4-2. All laws and parts of laws in conflict with this Act are repealed.
Approved April 16,2001.
ELECTIONS - ELECTIONS AND PRIMARIES GENERALLY; VARIOUS PROVISIONS.
Code Title 21 Amended.
No. 164 (House Bill No. 110).
AN ACT
To amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to make clerical and conforming changes to the Georgia Election Code; to provide that candidates for county and municipal offices who pay a qualifying fee with a check that is dishonored are automatically found not to have met the qualifications for holding the office sought; to allow the State Elections Board to authorize the Secretary of State to investigate violations of the Georgia Election Code; to provide that qualifying periods and primaries and elections may be extended or postponed in the event the Governor declares a state of emergency or natural disaster; to provide that municipal election superintendents be appointed in a public meeting; to extend municipal write-in candidates' time to give notice of such candidacy until seven days after municipal qualifying ends; to provide that municipal registrars must be registered Georgia voters and to eliminate the requirement that they be residents of their municipality; to change provisions relating to a voter's change of address; to provide for incumbency to be noted on a ballot in a nonpartisan election and to provide that candidates be listed alphabetically; to provide that ballots be supplied in a number equal to that of active registered voters; to provide that addresses of candidates who have the same last name shall be printed on the ballots or ballot labels as appropriate; to change provisions relating to testing of tabulating machines; to provide that absentee voters who vote in person shall show the same identification a voter must show at the polling place; to provide that challenges to absentee voters must be done prior to noon on the day of the primary or election; to eliminate the use of a hunting or fishing license as proper voter identification; to eliminate the provision that only one poll may be open in a special election for a member of the General Assembly if only one candidate qualifies for the special election; to provide that tampering with voting equipment is a felony; to change provisions relating to recall elections; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

____________GEORGIA LAWS 2001 SESSION__________231
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Title 21 of the Official Code of Georgia Annotated, relating to elections, is amended by redesignating subsection (d) of Code Section 21-2-6, relating to qualifications of candidates for county and municipal offices, as subsection (e) and inserting a new subsection (d) to read as follows:
"(d) In the event that a candidate pays his or her qualifying fee with a check that is subsequently returned for insufficient funds, the superintendent shall automatically find that such candidate has not met the qualifications for holding the office being sought, unless the bank, credit union, or other financial institution returning the check certifies in writing by an officer's or director's oath that the bank, credit union, or financial institution erred in returning the check.*
SECTION 2. Said title is further amended by striking paragraph (5) of Code Section 21-2-31, relating to the powers and duties of the State Election Board, and inserting in lieu thereof a new paragraph to read as follows:
"(5) To investigate, or authorize the Secretary of State to investigate, when necessary or advisable the administration of primary and election laws and frauds and irregularities in primaries and elections and to report violations of the primary and election laws either to the Attorney General or the appropriate district attorney who shall be responsible for further investigation and prosecution. Nothing in this paragraph shall be so construed as to require any complaining party to request an investigation by the board before such party might proceed to seek any other remedy available to that party under this chapter or any other provision of law;'
SECTION 3. Said title is further amended by adding following Code Section 21-2-50, relating to powers and duties of the Secretary of State, a new Code section to read as follows:
'21-2-50.1. In the event the Governor declares that a state of emergency or disaster exists pursuant to Code Section 38-3-51, the Secretary of State is authorized to postpone or extend the qualifying periods provided in this chapter for the qualification of candidates seeking municipal, county, or state-wide office and to postpone the date of any primary, special primary, election, or special election in the affected area. The Secretary of State shall exercise the powers granted by this Code section carefully, and any such postponement or extension shall not exceed 45 days."

232________GENERAL ACTS AND RESOLUTIONS__________
SECTION 4. Said title is further amended by striking Code Section 21-2-70.1, relating to municipal superintendents, and inserting in lieu thereof a new Code section to read as follows:
"21-2-70.1.
(a) The municipal superintendent shall conduct, in accordance with this chapter, all municipal elections held within his or her municipality. (b) The municipal superintendent shall be a person or committee selected by the governing authority of the municipality in a public meeting and such selection shall be recorded in the minutes of such meeting. The municipal superintendent shall receive compensation fixed and paid by the governing authority of the municipality from municipal funds. A parent, spouse, child, brother, sister, father-in-law, mother-in-law, son-in-law, daughter-in-law, brother-in-law, or sister-in-law of a candidate shall not be eligible to serve as a municipal superintendent in any primary or election in which such candidate's name appears on the ballot."
SECTION 5. Said title is further amended by striking subsection (a) of Code Section 21-2-133, relating to procedures for write-in candidacy, and inserting in lieu thereof a new subsection to read as follows:
'(a) No person elected on a write-in vote shall be eligible to hold office unless notice of his or her intention of candidacy was filed and published no earlier than January 1 and no later than the Tuesday after the first Monday in September prior to the election for county, state, and federal elections and no later than seven days after the close of the municipal qualifying period for municipal elections in the case of a general election or at least 20 or more days prior to a special election by the person to be a write-in candidate or by some other person or group of persons qualified to vote in the subject election, as follows:
(1) In a state general or special election, notice shall be filed with the Secretary of State and published in a paper of general circulation in the state; (2) In a general or special election of county officers, notice shall be filed with the superintendent of elections in the county in which he or she is to be a candidate and published in the official organ of the same county; or (3) In a municipal general or special election, notice shall be filed with the superintendent and published in the official gazette of the municipality holding the election."
SECTION 6. Said title is further amended by striking subsection (a) of Code Section 21-2-214, relating to qualifications and duties of registrars and deputy registrars, and inserting in lieu thereof a new subsection to read as follows:
"(a) County registrars and deputy registrars shall be electors of the county in which they are appointed and shall be able to read, write, and speak the English

_____________GEORGIA LAWS 2001 SESSION___________233
language. Municipal registrars shall be registered Georgia voters and shall be able to read, write, and speak the English language."
SECTION 7. Said title is further amended by striking Code Section 21 -2-218, relating to address changes and corrections and cancellation of voter registration in former state or county, and inserting in lieu thereof a new Code section to read as follows:
"21-2-218.
(a) Any person, who is registered to vote in another state and who moves such person's residence from that state to this state, shall, at the time of making application to register to vote in this state, provide such information as specified by the Secretary of State in order to notify such person's former voting jurisdiction of the person's application to register to vote in this state and to cancel such person's registration in the former place of residence. (b) Any person, who is registered to vote in another county or municipality in this state and who moves such person's residence from that county or municipality to another county or municipality in this state, shall, at the time of making application to register to vote in that county or municipality, provide such information as specified by the Secretary of State in order to notify such person's former voting jurisdiction of the person's application to register to vote in the new place of residence and to cancel such person's registration in the former place of residence. (c) In the event that an elector moves to a residence within the county or municipality and has a different address from the address contained on the person's registration card, it shall be the duty of such elector to notify the board of registrars of such fact by the fifth Monday prior to the primary or election in which such elector wishes to vote by submitting the change of address in writing. The board of registrars shall then correct the elector's record to reflect the change of address and place the elector in the proper precinct and voting districts. The board of registrars may accept a properly submitted application for an absentee ballot for this purpose for electors who move to an address within the county or municipality which is different from the address contained on the person's registration card. (d) In the event that an elector moves to a residence within the county or municipality but into a different precinct or who moves to a residence in the same precinct but at a different address and fails to notify the board of registrars of such fact by the fifth Monday prior to an election or primary such elector shall vote in the precinct of such elector's former residence for such election or primary and for any runoffs resulting therefrom. The superintendent of an election shall make available at each polling place forms furnished by the Secretary of State which shall be completed by each such elector to reflect such elector's present legal residence. Such forms may also be used to notify the board of registrars of a change in an elector's name. The board of registrars shall thereafter place the elector in the proper precinct and voting districts and correct the list of electors accordingly. If the elector is placed in a precinct other than the

234_________GENERAL ACTS AND RESOLUTIONS_________
one in which such elector has previously been voting, such elector shall be notified of the new polling place by first-class mail. (e) Any provision of this chapter to the contrary notwithstanding, an elector who moves from one county or municipality to another after the fifth Monday prior to a primary or election may vote in the county or municipality or precinct in which such elector is registered to vote. (f) No person shall vote in any county or municipality other than the county or municipality of such person's residence except as provided in subsection (e) of this Code section. (g) In the event that the registration records incorrectly indicate that an elector has moved from an address within a precinct, the elector may vote in the precinct upon affirming in writing on a form prescribed by the Secretary of State that the elector still resides in the precinct at the address previously provided to the board of registrars. The registrars shall correct the elector's registration record to reflect the correct address. (h) If a voter registration application is completed at a polling place for the purpose of recording a change of address and the new address is outside the county, then the registrar shall forward the application to the registrar in the new county of residence."
SECTION 8. Said title is further amended by striking Code Section 21-2-285.1, relating to nonpartisan elections, and inserting in lieu thereof a new Code section to read as follows:
'21-2-285.1.
The names of all candidates nominated in the nonpartisan primary shall be printed on each official election ballot; and insofar as practicable such offices to be filled in the nonpartisan election shall be separated from the names of candidates for other offices by being listed last on each ballot, with the top of that portion of each official election ballot relating to the nonpartisan election to have printed in prominent type the words 'OFFICIAL NONPARTISAN ELECTION BALLOT.' Immediately under this caption the following directions shall be printed: 'Place a cross (X) or check (/) mark in the square opposite the name of each nonpartisan candidate for whom you choose to vote. To vote for a person whose name is not on the ballot, manually write his or her name, accompanied by the title of the office involved, in the write-in column. If you spoil your ballot, do not erase, but ask for a new ballot. Use only pen or pencil.' Immediately under the directions, the name of each nonpartisan candidate shall be arranged alphabetically by last name under the title of the office for which such candidate was nominated in the official nonpartisan primary. The incumbency of a candidate seeking election for the public office he or she then holds shall be indicated on the ballot. No party designation or affiliation shall appear beside the name of any candidate for nonpartisan office. An appropriate space shall also be placed on the ballot for the casting of write-in votes for such offices. In the event that no candidate in such nonpartisan election receives a

_____________GEORGIA LAWS 2001 SESSION___________235
plurality of the total votes cast for such office, there shall be a nonpartisan election runoff between the candidates receiving the two highest numbers of votes; and the names of such candidates shall be placed on the official ballot at the general election runoff in the same manner as prescribed in this Code section for the nonpartisan election. In the event that only nonpartisan candidates are to be placed on a run-off ballot, the form of the ballot shall be as prescribed by the Secretary of State or election superintendent in essentially the same format as prescribed for the nonpartisan election. The candidate having a plurality of the votes cast in the nonpartisan election or the candidate receiving the highest number of votes cast in the nonpartisan election runoff shall be declared duly elected to such office."
SECTION 9. Said title is further amended by striking Code Section 21-2-290, relating to the provision of ballots by the superintendent, and inserting in lieu thereof a new Code section to read as follows:
"21-2-290.
The superintendent shall provide, for each precinct in which a primary or election is to be held, a sufficient number of ballots equal to the number of active registered electors."
SECTION 10. Said title is further amended by adding following Code Section 21-2-325, relating to the form of ballot labels for voting machines, a new Code section to read as follows:
"21-2-325.1. If two or more candidates for the same nomination or office shall have the same or similar names, the Secretary of State, in the case of federal or state offices, the superintendent of elections, in the case of county offices, or the official with whom such candidates qualify, in the case of municipal offices, shall print or cause to be printed the residence address of all candidates for such nomination or office on the ballot label under their names. The designated official shall determine whether the names of the candidates are of such a similar nature as to warrant printing the residence address of all candidates for that office on the ballot label; and the decision of the designated official shall be conclusive."
SECTION 11. Said title is further amended by striking subsection (c) of Code Section 21-2-359, relating to preparation of vote recorders, and inserting in lieu thereof a new subsection to read as follows:
"(c) On or before the third day preceding a primary or election, the superintendent shall have the tabulating machines tested to ascertain that they will correctly count the votes cast for all offices and on all questions. Public notice of the time and place of the test shall be made at least five days prior thereto. Representatives of political parties and bodies, candidates, news media,

236_________GENERAL ACTS AND RESOLUTIONS_________
and the public shall be permitted to observe such tests. The test shall be conducted by processing a preaudited group of ballot cards so punched or marked as to record a predetermined number of valid votes for each candidate and on each question and shall include for each office one or more ballot cards which are improperly marked and one or more ballot cards which have votes in excess of the number allowed by law in order to test the ability of the tabulating machine to reject such votes. The tabulating machine shall not be approved unless it produces an errorless count. If any error is detected, the cause therefor shall be ascertained and corrected; and an errorless count shall be made before the machine is approved. The same test shall be repeated immediately before the start of the official count of the ballot cards and at the conclusion of such count. The superintendent or custodian shall also prepare the vote recorders for voting at the various polling places to be used in the primary or election. In preparing the vote recorders, he or she shall arrange the recorders and the ballot labels so that they meet all requirements of voting and counting at such primary or election, thoroughly inspect and test the vote recorders, and file a certificate in the office of the superintendent of the county or the city clerk of the municipality that the recorders are in proper order with correct ballot labels."
SECTION 12. Said title is further amended by striking Code Section 21-2-380.1, relating to the appointment of absentee ballot clerks, and inserting in lieu thereof a new Code section to read as follows:
'21-2-380.1.
The governing authority of a municipality shall appoint an absentee ballot clerk who may be the county registrar, municipal registrar, or any other designated official and who shall perform the duties set forth in this article."
SECTION 13. Said title is further amended by striking subsection (b) of Code Section 21-2-381, relating to applications for absentee ballots and eligibility to vote by absentee ballot, and inserting in lieu thereof a new subsection to read as follows:
"(b) Upon receipt of a timely appl ication, a registrar or absentee bal lot clerk shall enter thereon the date received and shall determine if the applicant is eligible to vote in the primary or election involved. In order to be found eligible to vote an absentee ballot in person at the registrar's office or absentee ballot clerk's office, such person shall show one of the forms of identification listed in Code Section 21-2-417. If found eligible, the registrar or absentee ballot clerk shall certify by signing in the proper place on the application and shall either mail the ballot as provided in this Code section or issue the ballot to the elector to be voted within the confines of the registrar's or absentee ballot clerk's office or deliver the ballot in person to the elector if such elector is confined to a hospital. If found ineligible, the clerk or the board of registrars shall deny the application by writing the reason for rejection in the proper space on the application and shall promptly notify the applicant in writing of the ground of ineligibility, a copy of which

_____________GEORGIA LAWS 2001 SESSION___________237
notification should be retained on file in the office of the board of registrars or absentee ballot clerk for at least one year. If the registrar or clerk is unable to determine the identity of the elector from information given on the application, the registrar or clerk should promptly write to request additional information. In the case of an unregistered applicant who is eligible to register to vote, the clerk or the board shall immediately mail a blank registration card as provided by Code Section 21-2-223, and such applicant, if otherwise qualified, shall be deemed eligible to vote by absentee ballot in such primary or election, if the registration card, properly completed, is returned to the clerk or the board on or before the last day for registering to vote in such primary or election. If the closing date for registration in the primary or election concerned has not passed, the clerk or registrar shall also mail a ballot to the applicant, as soon as it is prepared and available; and the ballot shall be cast in such primary or election if returned to the clerk or board not later than the close of the polls on the day of the primary or election concerned."
SECTION 14. Said title is further amended by striking subsection (d) of Code Section 21-2-384, relating to preparation and delivery of election supplies, oaths of absentee electors, and challenges, and inserting in lieu thereof a new subsection (d) to read as follows:
"(d) Each board of registrars or absentee ballot clerk shall maintain for public inspection a master list, arranged by precincts, setting forth the name and residence of every elector to whom an official absentee ballot has been sent. Absentee electors whose names appear on the master list may be challenged by any elector prior to 12:00 Noon on the day of the primary or election."
SECTION 15. Said title is further amended by striking subsection (a) of Code Section 21-2-417, relating to proper identification for voting at a polling place, and inserting in lieu thereof a new subsection to read as follows:
"(a) Each elector shall present proper identification to a poll worker at or prior to completion of a voter's certificate at any polling place and prior to such person's admission to the enclosed space at such polling place. Proper identification shall consist of any one of the following:
(1) A valid Georgia driver's license; (2) A valid identification card issued by a branch, department, agency, or entity of the State of Georgia, any other state, or the United States authorized by law to issue personal identification; (3) A valid United States passport; (4) A valid employee identification card containing a photograph of the elector and issued by any branch, department, agency, or entity of the United States government, this state, or any county, municipality, board, authority, or other entity of this state;

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(5) A valid employee identification card containing a photograph ofthe elector and issued by any employer of the elector in the ordinary course of such employer's business; (6) A valid student identification card containing a photograph of the elector from any public or private college, university, or postgraduate technical or professional school located within the State of Georgia; (7) A valid Georgia license to carry a pistol or revolver; (8) A valid pilot's license issued by the Federal Aviation Administration or other authorized agency of the United States; (9) A valid United States military identification card; (10) A certified copy of the elector's birth certificate; (11) A valid social security card; (12) Certified naturalization documentation; or (13) A certified copy of court records showing adoption, name, or sex change."
SECTION 16. Said title is further amended by striking Code Section 21 -2-544, relating to a special election for a General Assembly vacancy, and inserting in lieu thereof a new Code section to read as follows:
"21-2-544.
Whenever a vacancy shall occur or exist in either house of the General Assembly during a session of the General Assembly or whenever such vacancy shall occur or exist at a time when the members of the General Assembly shall be required to meet, at any time previous to the next November election, the Governor shall issue, within ten days after the occurrence of such vacancy, or after the calling of an extraordinary session of the General Assembly during the existence of such vacancy, a writ of election to the Secretary of State for a special election to fill such vacancy, which election shall be held on the date named in the writ, which shall not be less than 30 nor more than 60 days after its issuance. Upon receiving the writ of election from the Governor, the Secretary of State shall then transmit the writ of election to the superintendent of each county involved and shall publish the call of the election. In all other cases any such special election to fill any such vacancy shall be held if the Governor issues his or her writ of election therefor. In such cases the writ of election shall be issued to the Secretary of State who shall transmit the writ of election to the superintendent of each county involved and shall publish the call of the election."
SECTION 17. Said title is further amended by adding following Code Section 21-2-582, relating to tampering with vote recorders or tabulating machines, a new Code section to read as follows:
"21-2-582.1.
(a) For the purposes of this Code section, the term 'voting equipment' shall mean a voting machine, vote recorder, tabulating machine, optical scanning voting system, or direct electronic recording voting system.

_____________GEORGIA LAWS 2001 SESSION___________239
(b) Any person or entity, including but not limited to a manufacturer or seller of voting equipment, who alters, modifies, or changes any aspect of such voting equipment without prior approval of the Secretary of State is guilty of a felony."
SECTION 18. Said title is further amended by striking subsection (a) of Code Section 21-4-4, relating to who is subject to recall and grounds and procedures for demanding such a recall, and inserting in lieu thereof a new subsection to read as follows:
"(a) Every public official who holds elective office, either by election or by appointment, is subject to recall from office by electors who are registered and qualified to vote in the recall election and who reside in the electoral district from which candidates are elected to that office:
(1) In the case of a state officer whose electoral district encompasses the entire state, the number of electors necessary to petition the recall of the officer shall be equal to at least 15 percent of the number of electors who were registered and qualified to vote at the last preceding election for any candidate offering for the office held by the officer. At least one-fifteenth of the number of electors necessary to petition the recall of the officer must reside in each of the United States congressional districts in the state as said congressional districts may now or hereafter exist; or (2) In the case of a state officer whose electoral district encompasses only a part of the state or in the case of a local officer, the number of electors necessary to petition the recall of the officer shall be equal to at least 30 percent of the number of electors registered and qualified to vote at the last preceding election for any candidate offering for the office held by the officer."
SECTION 19. Said title is further amended by striking subsection (c) of Code Section 21-4-5, relating to recall petitions, and inserting in lieu thereof a new subsection to read as follows:
"(c) The number of official sponsors necessary to file an application for a recall petition must be equal in number to at least 100 electors or equal in number to at least 10 percent of the number of electors who were registered to vote at the last preceding election for any of the candidates offering for the office held by the public official sought to be recalled, whichever is smaller."
SECTION 20. This Act shall become effective upon the approval of the Governor or upon its becoming law without such approval.
SECTION 21. All laws and parts of laws in conflict with this Act are repealed.
Approved April 18,2001.

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ELECTIONS.- ELECTIONS AND PRIMARIES GENERALLY; VARIOUS PROVISIONS.
Code Title 21, Chapter 2 Amended.
No. 165 (House Bill No. 479).
AN ACT
To amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to provide that certain persons are not eligible for party nomination, public office, or the performance of certain official acts; to provide that the Secretary of State shall not serve in a fiduciary role in any campaign of a candidate for an office which must be certified by the Secretary of State; to require that the municipal superintendent must be appointed in a public meeting and the appointment recorded on the minutes of the meeting; to provide for a municipal superintendent when the governing authority fails to appoint; to prohibit certain persons from serving as municipal superintendents; to require superintendents to instruct all poll officers and workers in election procedures and issue certifications and notify the Secretary of State of the completion of such training; to prohibit a poll officer or worker who has not been trained in election procedures from serving except in limited circumstances; to require county election superintendents and registrars to receive 12 hours' training annually; to provide that all state and county executive committees of political parties shall file a list of their members with the appropriate election official; to provide that all run-off elections shall be held on the twenty-first day after the preceding election; to provide that qualifying fees shall be fixed at least 35 days prior to a special primary or special election; to provide for the apportioning of qualifying fees under certain circumstances; to provide that a candidate cannot seek certain offices in the same primary or election; to require that the minimum time for qualifying for a special primary or election shall be two and one-half days; to provide that the election superintendent shall qualify county political party candidates under certain circumstances; to provide that a copy of each candidate's declaration of candidacy and affidavit accompany the certification of party candidates for a primary; to require that persons signing a nominating petition be urged to provide their dates of birth for use in verifying the petition; to provide that registrars and deputy registrars shall be electors of the state and have not been convicted of certain crimes; to authorize the appointing authority to investigate the criminal history of a registrar or deputy registrar prior to making such appointment; to require registrars at certain education institutions to receive training annually; to provide that the Secretary of State may make voter registration forms available through printed forms, electronic means, and otherwise; to provide that disabled and illiterate individuals may receive assistance in completing voter registration applications; to provide that persons assisting disabled and illiterate individuals in completing voter registration forms shall sign such forms; to provide that certain additional voter registration locations transmit completed voter

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registration applications on a weekly basis except in the 15 days prior to a registration deadline when they shall be transmitted daily; to require municipalities to reimburse county registrars for the costs of postage when the county registrars must send out new registration cards to voters as a result of changes in municipal districts or precincts; to require that registrars send a voter registration application to voters who are removed from the electors list for moving to a new address in a different county and notify the voter that the voter must reregister; to authorize certain counties to establish polling places outside of the boundaries of a precinct to better serve the needs of the voters; to authorize the printing on the ballots or ballot labels of the address of candidates having the same or similar names; to provide that no special or general election shall be held in a municipality where there is no opposed candidate on the ballot unless more than one write-in candidate has qualified; to provide that the Secretary of State may reexamine voting machines, vote recorders, tabulating machines, optical scanning voting systems, and direct electronic recording voting systems if it appears that such devices cannot be safely or accurately used because of any problem concerning the ability of the devices to accurately record or tabulate votes; to require superintendents to certify to the Secretary of State prior to each primary or election that all voting in the primary or election will take place on properly certified voting equipment; to establish penalties for vendors selling uncertified equipment and to provide for the State Election Board to impose such penalties; to provide for the testing of voting equipment prior to special primaries, special elections, and referendum elections; to authorize the printing on the ballot of the residence addresses of candidates with similar names under certain circumstances; to provide that municipal governing authorities shall appoint absentee ballot clerks; to require that absentee ballot applications distributed by persons, entities, or organizations shall list all acceptable categories of absentee voters and require the voter to select the category which qualifies the voter to vote by absentee ballot; to provide that absentee ballot applications may be certified by the signature or initials of the registrar or absentee ballot clerk; to change the form of the voter's certificate; to authorize the registrars to make such corrections as necessary to the electors list; to provide for assistance to disabled or illiterate voters in federal elections; to prohibit the use of cellular telephones, electronic communication devices, and other photographic or electronic recording devices at polling places under certain conditions; to eliminate the inclusion of those persons who received assistance in voting on the electors list; to raise the age of children accompanying voters in the enclosed space from 12 to 18 years of age; to provide for when municipal officers shall be sworn in under certain circumstances; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Title 2 1 of the Official Code of Georgia Annotated, relating to elections, is amended by striking Code Section 21-2-8, relating to the eligibility for party

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nomination, public office, or performance of certain official acts of persons convicted and sentenced for certain crimes, in its entirety and inserting in lieu thereof a new Code Section 21-2-8 to read as follows:
'21-2-8.
No person shall be eligible for party nomination for or election to public office, nor shall he or she perform any official acts or duties as a superintendent, registrar, deputy registrar, poll officer, or party officer, as set forth in this chapter, in connection with any election or primary held under this chapter, if under the laws of this state, any other state, or the United States he or she has been convicted and sentenced, in any court of competent jurisdiction, for fraudulent violation of primary or election laws, malfeasance in office, or felony involving moral turpitude, unless such person's civil rights have been restored and at least ten years have elapsed from the date of the completion of the sentence without a subsequent conviction of another felony involving moral turpitude. Additionally, the person shall not be holding illegally any public funds. In the event of the disqualification of the superintendent as described in this Code section, the clerk of the superior court shall act in his or her stead. Notwithstanding the above, the governing authority shall appoint an individual to serve as superintendent for municipal elections or municipal primaries in the event of the disqualification of the municipal superintendent, unless the municipality has contracted with a county government for the provision of election services, in which event the clerk of the superior court shall act in place of a disqualified superintendent."
SECTION 2. Said title is further amended by striking Code Section 21-2-50, relating to the powers and duties of the Secretary of State, and inserting in lieu thereof a new Code Section 21-2-50 to read as follows:
"21-2-50.
(a) The Secretary of State shall exercise all the powers granted to the Secretary of State by this chapter and shall perform all the duties imposed by this chapter, which shall include the following:
(1) To determine the forms of nomination petitions, ballots, and other forms the Secretary of State is required to determine under this chapter; (2) To receive registration statements from political parties and bodies and to determine their sufficiency prior to filing, in accordance with this chapter, and to settle any disputes concerning such statements; (3) To receive and determine the sufficiency of nomination petitions of candidates filing notice of their candidacy with the Secretary of State in accordance with this chapter; (4) To certify to the proper superintendent official lists of all the political party candidates who have been certified to the Secretary of State as qualified candidates for the succeeding primary and to certify to the proper superintendent official lists of all the candidates who have filed their notices of candidacy with the Secretary of State, both such certifications to be in

____________GEORGIA LAWS 2001 SESSION___________243
substantially the form of the ballots to be used in the primary or election. The Secretary of State shall add to such form the language to be used in submitting any proposed constitutional amendment or other question to be voted upon at such election; (5) To furnish to the proper superintendent all blank forms, including tally and return sheets, numbered lists of voters, cards of instructions, notices of penalties, instructions for marking ballots, tally sheets, precinct returns, recap sheets, consolidated returns, oaths of managers and clerks, oaths of assisted electors, voters certificates and binders, applications for absentee ballots, envelopes and instruction sheets for absentee ballots, and such other supplies as the Secretary of State shall deem necessary and advisable from time to time, for use in all elections and primaries. Such forms shall have printed thereon appropriate instructions for their use; (6) To receive from the superintendent the returns of primaries and elections and to canvass and compute the votes cast for candidates and upon questions, as required by this chapter; (7) To furnish upon request a certified copy of any document in the Secretary of State's custody by virtue of this chapter and to fix and charge a fee to cover the cost of furnishing same; (8) To perform such other duties as may be prescribed by law; (9) To determine and approve the form of ballots for use in special elections; (10) To prepare and provide a notice to all candidates for federal or state office advising such candidates of such information, to include requirements of this chapter, as may, in the discretion of the Secretary of State, be conducive to the fair, legal, and orderly conduct of primaries and elections. A copy of such notice shall be provided to each superintendent for further distribution to candidates for county and militia district offices; (11) To conduct training sessions at such places as the Secretary of State deems appropriate in each year, for the training of registrars and superintendents of elections; (12) To prepare and publish, in the manner provided in this chapter, all notices and advertisements in connection with the conduct of elections which may be required by law; (13) To prepare and furnish information for citizens on voter registration and voting; and (14) To maintain the official list of registered voters for this state and the list of inactive voters required by this chapter. (b) As the state's chief election official, the Secretary of State shall not serve in any fiduciary capacity for the campaign of any candidate whose election will be certified by the Secretary of State. Nothing in this subsection shall prohibit the Secretary of State from organizing and operating his or her own campaign for election to public office.'

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SECTION 3. Said title is further amended by striking subsection (b) of Code Section 21 -2-70.1, relating to the eligibility of municipal superintendents, in its entirety and inserting in lieu thereof a new subsection (b) to read as follows:
*(b) The municipal superintendent shall be a person or committee selected in the manner prescribed by the governing authority of the municipality with compensation fixed and paid by the governing authority of the municipality from municipal funds. The appointment shall be made in a public meeting and the appointment shall be recorded in the minutes of said meeting. In the event that a municipality fails to make an appointment, the city clerk shall serve as the municipal superintendent. A parent, spouse, child, brother, sister, father-in-law, mother-in-law, son-in-law, daughter-in-law, brother-in-law, or sister-in-law of a candidate shall not be eligible to serve as a municipal superintendent in any election in which such candidate's name appears on the ballot in any primary or election.*
SECTION 4. Said title is further amended by striking Code Section 21-2-99, relating to instruction of poll officers as to use of voting machines or vote recorders, and inserting in lieu thereof a new Code Section 21-2-99 to read as follows:
'21-2-99.
(a) The election superintendent shall provide adequate training to all poll officers and poll workers regarding the use of voting equipment, voting procedures, all aspects of state and federal law applicable to conducting elections, and the poll officers' or poll workers' duties in connection therewith before the first election in each election cycle. Upon successful completion of such instruction, the superintendent shall give to each poll officer and poll worker a certificate to the effect that such person has been found qualified to conduct such primary or election with the particular type of voting equipment in use in that jurisdiction. Additionally, the superintendent shall notify the Secretary of State on forms to be provided by the Secretary of State of the date when such instruction was held and the number of persons attending and completing such instruction. For the purpose of giving such instructions, the superintendent shall call such meeting or meetings of poll officers and poll workers as shall be necessary. Each poll officer shall, upon notice, attend such meeting or meetings called for his or her instruction. (b) No poll officer or poll worker shall serve at any primary or election unless he or she shall have received instructions, as described in subsection (a) of this Code Section; shall have been found qualified to perform his or her duties in connection with the type of voting equipment to be used in that jurisdiction; and shall have received a certificate to that effect from the superintendent; provided, however, that this shall not prevent the appointment of a poll officer or poll worker to fill a vacancy arising on the day of a primary or election or on the preceding day."

____________GEORGIA LAWS 2001 SESSION__________245
SECTION 5. Said title is further amended by striking subsection (a) of Code Section 21-2-100, relating to training of local election officials, in its entirety and inserting in lieu thereof a new subsection (a) to read as follows:
'(a) The election superintendent and at least one registrar of the county or, in counties with boards of election or combined boards of election and registration, at least one member of the board or a designee of the board shall attend a minimum of 12 hours' training annually as may be selected by the Secretary of State. The election superintendent and at least one registrar ofeach municipality shall attend a minimum of 12 hours' training biennially as may be selected by the Secretary of State.'
SECTION 6. Said title is further amended by striking subsection (a) of Code Section 21-2-111, relating to establishment of state and county executive committees, in its entirety and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) Each political party shall establish and maintain a state executive committee exercising state-wide jurisdiction and control over party affairs and a county executive committee in each county in which it holds a primary, exercising county-wide jurisdiction and control over party affairs. A party may establish and maintain such other committees as it may from time to time deem advisable. The membership of such committees shall be selected in the manner determined by the state executive committee. Each committee shall be presided over by a chairperson and shall have a secretary and such other officers as deemed advisable, and a list of all such committees shall be filed with the appropriate election official for the state or county. The state executive committee shall have the same power over municipal party executive committees as it has over county party executive committees."
SECTION 7. Said title is further amended by striking subsections (a) and (c) of Code Section 21-2-131, relating to the fixing and publishing of qualifying fees, in their entirety and inserting in lieu thereof new subsections (a) and (c) to read as follows:
"(a) Qualification fees for party and public offices shall be fixed and published as follows:
(1) The governing authority of any county or municipality, not later than February 1 of any year in which a general primary, nonpartisan primary, or general election is to be held, and at least 35 days prior to the special primary or election in the case of a special primary or special election, shall fix and publish a qualifying fee for each county or municipal office to be filled in the upcoming primary or election. Such fee shall be 3 percent of the total gross salary of the office paid in the preceding calendar year including all supplements authorized by law if a salaried office; provided, however, that for the offices ofclerk ofthe superior court, judge ofthe probate court, sheriff, tax commissioner, and magistrate, the qualifying fee shall be 3 percent of the

246_________GENERAL ACTS AND RESOLUTIONS__________
minimum salary provided by general law for the office, exclusive of cost-of-living increases and longevity increases. If not a salaried office, a reasonable fee shall be set by the governing authority of such county or municipality, such fee not to exceed 3 percent of the income derived from such county office by the person holding the office for the preceding year or more than $35.00 for a municipal office; (2) Within the same time limitation as provided in paragraph (1) of this subsection, the Secretary of State shall fix and publish a qualifying fee for any candidate qualifying by this method with a state political party and for any candidate qualifying with the Secretary of State for a nonpartisan primary and for any candidate filing with the Secretary of State his or her notice of candidacy for a general or special election. Such fee shall be 3 percent of the annual salary of the office if a salaried office, except that the fee for members of the General Assembly shall be $400.00. If not a salaried office, a reasonable fee shall be set by the Secretary of State, such fee not to exceed 3 percent of the income derived from such office by the person holding the office for the preceding year; (3) A reasonable qualifying fee may be set according to party rule for each political party office to be filled in a primary. Such fees shall be set and published by the county or state political party not later than February 1 of the year in which the primary is to be held for the filling of such party office.' "(c) Qualifying fees shall be prorated and distributed as follows: (1) Fees paid to the county political party: 50 percent to be retained by the county political party with which the candidate qualified; 50 percent to be transmitted to the superintendent of the county with the party's certified list of candidates not later than 12:00 Noon of the third day after the deadline for qualifying in the case of a general primary and by 12:00 Noon of the day following the closing of qualifications in the case of a special primary. Such fees shall be transmitted as soon as practicable by the superintendent to the governing authority of the county, to be applied toward the cost of the primary and election; (2) Fees paid to the state political party: 75 percent to be retained by the state political party: 25 percent to be transmitted to the Secretary of State with the party's certified list of candidates not later than 12:00 Noon of the third day after the deadline for qualifying in the case of a general primary and by 12:00 Noon of the day following the closing of qualifications in the case of a special primary. Such fees shall be transmitted as soon as practicable by the Secretary of State as follows: one-third to the state treasury and two-thirds divided among the governing authorities of the counties in the candidate's district in proportion to the population of each such county according to the last United States decennial census, such fees to be applied to the cost of holding the election; (3) Qualification fees paid to the superintendent of the county:

_____________GEORGIA LAWS 2001 SESSION___________247
(A) If the person qualifies as a candidate of apolitical body, 50 percent shall be transmitted to the state executive committee of the appropriate political body and 50 percent shall be retained by the superintendent of the county; (B) If the person qualifies directly with the election superintendent as a candidate of a political party in accordance with subsection (c) of Code Section 21-2-153, 25 percent shall be transmitted to the state executive committee of the appropriate political party and 75 percent shall be retained by the superintendent of the county; and (C) If the person qualifies as an independent or nonpartisan candidate, the superintendent of the county shall retain the entire amount of the fees. Such fees shall be transmitted as soon as practicable by the superintendent to the governing authority of the county, to be applied toward the cost of holding the election; (4) Qualification fees paid to the Secretary of State shall be prorated and distributed as follows: (A) If the person qualifies as the candidate of a political body, 75 percent shall be transmitted to the appropriate political body and 25 percent shall be retained by the Secretary of State; and (B) If the person qualifies as an independent or nonpartisan candidate, the Secretary of State shall retain the entire amount of the fees. Such fees shall be transmitted as soon as practicable by the Secretary of State as follows: one-third to the state treasury and two-thirds divided among the governing authorities of the counties in proportion to the population of each county according to the last United States decennial census, such fees to be applied to the cost of holding the election; (5) Qualification fees paid to the superintendent of a municipality: (A) If the person qualifies as a candidate of a political body, 50 percent shall be transmitted to the state executive committee of the appropriate political body and 50 percent shall be retained by the superintendent of the municipality; and (B) If the person qualifies as an independent or nonpartisan candidate, the superintendent of the municipality shall retain the entire amount of the fees. Such fees shall be transmitted as soon as practicable by the superintendent to the governing authority of the municipality, to be applied toward the cost of holding the election."
SECTION 8. Said title is further amended by striking Code Section 21-2-136, relating to restriction on number of offices for which an individual may be nominated or be a candidate at any one election, in its entirety and inserting in lieu thereof a new Code Section 21-2-136 to read as follows:
"21-2-136.
No person shall be nominated, nor shall any person be a candidate in a primary, election, or special election, for more than one of the following public offices to be filled at any one election or special election: Governor, Lieutenant Governor,

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Secretary ofState, Attorney General, State School Superintendent, Commissioner of Insurance, Commissioner of Agriculture, Commissioner of Labor, United States senator or representative in Congress, Public Service Commissioner, Justice of the Supreme Court, Judge of the Court of Appeals, members of the Senate and House of Representatives ofthe General Assembly, judge of superior court, district attorney, any elected county officer, and any elected municipal officer.'
SECTION 9. Said title is further amended by striking subsections (c) and (d) of Code Section 21 -2-153, relating to the qualification of candidates for party nomination in a state or county primary, in their entirety and inserting in lieu thereof a new subsections (c) and (d) to read as follows:
"(c)( 1) In the case of a general state or county primary, the candidates or their agents shall commence qualifying at 9:00 A.M. on the fourth Monday in April immediately prior to the state or county primary and shall cease qualifying at 12:00 Noon on the Friday following the fourth Monday in April, notwithstanding the fact that any such days may be legal holidays. In the case of a special primary, the candidate shall qualify no earlier than the date of the call for the special primary and no later than 25 days prior to the date of such primary, and such qualifying period shall be open for a minimum of two and one-half days. (2) If a political party has not designated at least ] 4 days prior to the beginning of qualifying a party official in a county with whom the candidates of such party for county elective offices shall qualify, the election superintendent ofthe county shall qualify candidates on behalf of such party. The election superintendent shall give notice in the legal organ of the county at least three days before the beginning of qualifying giving the dates, times, and location for qualifying candidates on behalf of such political party. (d)(l) Within two hours after the qualifications have ceased, the county executive committee of each political party shall post at the county courthouse a list of all candidates who have qualified with such executive committee, and the state executive committee of each political party shall post a list of all candidates who have qualified with such committee af the courthouse of the county in which such executive committee's office is located. If the election superintendent qualifies the candidates for a political party in accordance with subsection (c) ofthis Code section, the election superintendent shall post at the county courthouse a list of all the candidates who have qualified with such superintendent for such political party. (2) Except as otherwise provided in Code Section 21-2-154, it shall be unlawful for any person to add or remove any candidates from either of the lists provided for in paragraph (1) of this subsection following the posting of such lists unless such candidates have died, withdrawn, or been disqualified. Any person who violates this paragraph shall be guilty of a misdemeanor."

____________GEORGIA LAWS 2001 SESSION__________249
SECTION 10. Said title is further amended by striking subsection (a) of Code Section 21-2-153.1, relating to the qualification of candidates for party nomination in a municipal primary, in its entirety and inserting in lieu thereof a new subsection (a) to read as follows:
'(a) Unless otherwise provided by law, all candidates for party nomination in a municipal primary shall qualify as such candidates in accordance with the rules oftheir party. In the case of a general municipal primary, the candidates, or their agents, shall qualify at least 15 but not more than 45 days prior to the date of such primary, and such qualifying period shall be open for a minimum oftwo and one-half days. In the case of a special municipal primary, the candidates, or their agents, shall qualify at least ten but not more than 30 days prior to the date of such primary, and such qualifying period shall be open for a minimum oftwo and one-half days. The executive committee or other rule-making body of the party shall fix the qualifying date within the limitations provided in this Code section.*
SECTION 11. Said title is further amended by striking subsection (a) of Code Section 21-2-154, relating to the certification of political party candidates, in its entirety and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) At or before 12:00 Noon on the third day after the deadline for qualifying, the county executive committee of each political party shall certify to the superintendent and the state executive committee of each political party shall certify to the Secretary of State, on forms prescribed by the Secretary of State, all those candidates who have qualified with such committee for the succeeding primary election. Such certification shall be accompanied by the appropriate amount of the qualifying fees paid by such candidates as prescribed in paragraph (1) or (2) ofsubsection (c) ofCode Section 21-2-131 and a copy ofthe declaration of candidacy and affidavit of each such candidate. Such certification shall not be accepted if the political party has not registered with the Secretary of State as required in Article 3 ofthis chapter. When the election superintendent qualifies candidates on behalf of a political party pursuant to subsection (c) of Code Section 21-2-153, the election superintendent shall certify at or before 12:00 Noon on the third day after the deadline for qualifying, on forms provided by the Secretary of State, all those candidates of such political party who qualified with the election superintendent."
SECTION 12. Said title is further amended by striking subsection (c) of Code Section 21-2-170, relating to the nomination of candidates by petition, in its entirety and inserting in lieu thereof a new subsection (c) to read as follows:
'(c) Each person signing a nomination petition shall declare therein that he or she is a duly qualified and registered elector of the state, county, or municipality entitled to vote in the next election for the filling of the office sought by the candidate supported by the petition and shall add to his or her signature his or her

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residence address, giving municipality, if any, and county, with street and number, if any, and be urged to add the person's date of birth which shall be used for verification purposes. No person shall sign the same petition more than once. Each petition shall support the candidacy of only a single candidate, except any political body seeking to have the names of its candidates for the offices of presidential electors placed upon the ballot through nomination petitions shall not compile a separate petition for each candidate for such office, but such political body shall compile its petitions so that the entire slate of candidates of such body for such office shall be listed together on the same petition. A signature shall be stricken from the petition when the signer so requests prior to the presentation of the petition to the appropriate officer for filing, but such a request shall be disregarded if made after such presentation."
SECTION 13. Said title is further amended by striking subsection (a) of Code Section 21-2-214, relating to the qualifications of registrars and deputy registrars, in its entirety and inserting in lieu thereof a new subsection (a) to read as follows:
'(a) Registrars and deputy registrars shall be electors of the state and shall be able to read, write, and speak the English language. Registrars and deputy registrars shall have never been convicted of a felony or of any crime involving fraud or moral turpitude, and the appointing authority shall be authorized to investigate the applicant's criminal history before making such appointment."
SECTION 14. Said title is further amended by striking subsection (g) of Code Section 21 -2-215, relating to the main office of board of registrars, in its entirety and inserting in lieu thereof a new subsection (g) to read as follows:
"(g) Each principal or assistant principal of every public or private high school, the president of every public or private college or university, the president of each state supported technical institute in this state, and the designee of such principal, assistant principal, college or university president, or state supported technical institute president shall be a deputy registrar ofthe county in which the school, college, university, or institute is located for the purpose of receiving voter registration applications from those qualified applipants who are enrolled students within the principal's school or the president's college, university, or institute or who are employed by the private high school, the school system, the college or university, or the state supported technical institute, notwithstanding the fact that such students or employees are not residents of the county in which the school, college, university, or institute is located. Such principals, assistant principals, presidents, and their designees shall inform their students and employees of the availability of such voter registration and shall provide reasonable and convenient procedures to enable such persons who are qualified applicants to register. The principal of each public or private high school, the president of each public or private college or university, and the president of each state supported technical institute are authorized to invite other deputy registrars

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to the school, college, university, or institute for the purpose of conducting voter registration. All such deputy registrars authorized by this subsection shall receive annual training by the board of registrars of the county in which such deputy registrar shall work."
SECTION 15. Said title is further amended by striking subsection (a) of Code Section 21-2-219, relating to voter registration cards, in its entirety and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) The registration cards for use by persons in making application to register to vote shall be in a form as specified by the Secretary of State, which shall include printed forms, forms made available through electronic means, or otherwise. Except as provided in subsection (b) of this Code section, only registration cards issued or authorized for use by the Secretary of State or the national voter registration card promulgated by the Federal Election Commission under the provisions of the National Voter Registration Act of 1993, 42 U.S.C. Section 1973gg-7, shall be accepted for purposes of voter registration."
SECTION 16. Said title is further amended by adding a new subsection (e) to Code Section 21-2-220, relating to application for voter registration, to read as follows:
"(e) A person registering to vote who is disabled or illiterate may request assistance from any other person in completing the form for registration, but the person offering assistance shall sign the voter registration form in the space provided to identify the person offering assistance."
SECTION 17. Said title is further amended by striking subsection (i) of Code Section 21-2-222, relating to designated voter registration agencies and offices, in its entirety and inserting in lieu thereof a new subsection (i) to read as follows:
"(i) Each office shall transmit the completed voter registration application forms to the Secretary of State at least once per week, except that, during the 15 days leading up to a registration deadline for a primary or election, such applications shall be transmitted to the Secretary of State at the conclusion of each business day. The Secretary of State shall forward the applications to the appropriate county board of registrars to determine the eligibility of the applicant and, if found eligible, to add the applicant's name to the list of electors and to place the applicant in the correct precinct and voting districts."
SECTION 18. Said title is further amended by adding a new subsection (g) to Code Section 21-2-226, relating to the duties of the county board in determining eligibility of voters, to read as follows:
"(g) In the event that the registrars of a county, serving as registrars for a municipality, are required to issue voters in a municipality new cards under

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subsection (e) of this Code section due to changes in municipal districts or precincts, the municipality shall reimburse the county registrars for the cost of postage in mailing such cards to the voters."
SECTION 19. Said title is further amended by striking Code Section 21-2-233, relating to the comparison of change of address information supplied by United States Postal Service with electors list, in its entirety and inserting in lieu thereof a new Code Section 21-2-233 to read as follows:
"21-2-233.
(a) The Secretary of State is authorized to cause at his or her discretion the official list of electors to be compared to the change of address information supplied by the United States Postal Service through its licensees periodically, but not more often than once each year, for the purpose of identifying those electors whose addresses have changed. (b) If it appears from the change ofaddress information supplied by the licensees of the United States Postal Service that an elector whose name appears on the official list of electors has moved to a different address in the county in which the elector is presently registered, the list of electors shall be changed to reflect the new address and the elector shall be sent a notice of the change by forwardable mail at both the old address and the new address with a postage prepaid, preaddressed return form by which the elector may verify or correct the address information. (c) If it appears from the change of address information supplied by the licensees of the United States Postal Service that an elector whose name appears on the official list of electors has moved to a different address outside of the boundaries of the county or municipality in which the elector is presently registered, such elector shall be sent a confirmation notice as provided in Code Section 21 -2-234 at both the old and new addresses. If the elector confirms the change of address to an address outside of the boundaries of the county or municipality in which the elector is presently registered, the elector's name shall be removed from the appropriate list of electors. If the elector responds to the notice and affirms that the elector has not moved, the elector shall remain on the list of electors at the elector's current address. If the elector fails to respond to the notice within 30 days after the date of the notice, the elector shall be transferred to the inactive list provided for in Code Section 21-2-235. (d) Whenever an elector's name is removed from the list of electors by the county registrars because the elector has furnished in writing to the registrar a residence address that is located outside of the elector's present county of registration, the registrars shall notify the elector in writing at the elector's new address that the elector's name is being deleted from the list of electors for that county and that the elector must reregister in the new county of residence in order to be eligible to vote. The registrars shall provide the person with the appropriate form for registration at the time of such notice.

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(e) Nothing in this Code section shall prevent the removal from the list of electors of an elector for ineligibility to vote.*
SECTION 20. Said title is further amended by striking subsection (e) of Code Section 21-2-265, relating to the duty of superintendents to fix polling places, in its entirety and inserting in lieu thereof a new subsection (e) to read as follows:
"(e) The superintendent may establish the polling place for a precinct outside the boundaries of the precinct if there is no suitable facility within the precinct which could be used as a polling place and if, by so doing, such polling place would better serve the needs of the voters."
SECTION 21. Said title is further amended by striking Code Section 21-2-291, relating to procedure as to unopposed candidates, in its entirety and inserting in lieu thereof a new Code Section 21-2-291 to read as follows:
'21-2-291. Any other provision of law to the contrary notwithstanding, in the event there is no opposed candidate in a precinct in a special or general election, no special or general election shall be held in such precinct unless more than one write-in candidate has qualified as provided by law or unless there are issues to be submitted to the electorate. Each such unopposed candidate shall be deemed to have voted for himself or herself. Where feasible, the superintendent shall provide notice reasonably calculated to inform the affected electorate that no special or general election is to be conducted. The superintendent shall certify such unopposed candidate as elected in the same manner as he or she certifies other candidates as elected pursuant to Code Section 21-2-493."
SECTION 22. Said title is further amended by striking Code Section 21-2-324, relating to the examination and approval of voting machines by Secretary of State, in its entirety and inserting in lieu thereof a new Code Section 21-2-324 to read as follows:
"21-2-324. (a) Any person or organization owning, manufacturing, or selling, or being interested in the manufacture or sale of, any voting machine may request the Secretary of State to examine the machine. Any ten or more electors ofthis state may, at any time, request the Secretary of State to reexamine any voting machine previously examined and approved by him or her. Before any such examination or reexamination, the person, persons, or organization requesting such examination or reexamination shall pay to the Secretary of State the reasonable expenses of such examination; provided, however, that in the case of a request by ten or more electors the examination fee shall be $250.00. The Secretary of State may, at any time, in his or her discretion, reexamine any voting machine. (b) The Secretary of State shall thereupon require such machine to be examined or reexamined by three examiners whom he or she shall appoint for the purpose,

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of whom one shall be an expert in patent law and the other two shall be experts in mechanics, and shall require of them a written report on such machine, attested by their signatures; and the Secretary of State shall examine the machine and shall make and file, together with the reports of the appointed examiners, his or her own report, attested by his or her signature and the seal of his or her office, stating whether, in his or her opinion and in consideration of the reports of the examiners aforesaid, the kind of machine so examined can be safely and accurately used by electors at primaries and elections as provided in this chapter. If his or her report states that the machine can be so used, the machine shall be deemed approved; and machines of its kind may be adopted for use at primaries and elections as provided in this chapter. (c) No kind of voting machine not so approved shall be used at any primary or election and if, upon the reexamination of any voting machine previously approved, it shall appear that the machine so reexamined can no longer be safely or accurately used by electors at primaries or elections as provided in this chapter because of any problem concerning its ability to accurately record or tabulate votes, the approval of the same shall immediately be revoked by the Secretary of State; and no such voting machine shall thereafter be purchased for use or be used in this state. (d) At least ten days prior to any primary or election, including special primaries, special elections, and referendum elections, the election superintendent shall verify and certify in writing to the Secretary of State that all voting will occur on equipment certified by the Secretary of State. (e) Any vendor who completes a sale of voting machines that have not been certified by the Secretary of State to a governmental body in this state shall be subject to a penalty of $100,000.00, payable to the State of Georgia, plus reimbursement of all costs and expenses incurred by the governmental body in connection with the sale. The State Election Board shall have authority to impose such penalty upon a finding that such a sale has occurred. (f) When a machine has been so approved, no improvement or change that does not impair its accuracy, efficiency, or capacity shall render necessary a reexamination or reapproval of the machine or of its kind. (g) Neither the Secretary of State, nor any examiner appointed by him or her for the purpose prescribed by this Code section, nor any superintendent, nor the governing authority of any county or municipality or a member of such authority, nor any other person involved in the examination process shall have any pecuniary interest in any voting machine or in the manufacture or sale thereof, (h) The compensation of each examiner appointed under this Code section shall be fixed and paid by the Secretary of State."
SECTION 23. Said title is further amended by inserting a new Code Section 21 -2-325.1 to read as follows:

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255

'21-2-325.1.
If two or more candidates for the same nomination or office shall have the same or similar names, the Secretary of State, in the case of federal or state offices, the superintendent of elections, in the case of county offices, or the official with whom such candidates qualify, in the case of municipal elections, shall print or cause to be printed the residence of all candidates for such nomination or office on the ballot labels under their names. The designated official shall determine whether the names of the candidates are of such a similar nature as to warrant printing the residence of all candidates for that office on the ballot labels; and the decision of the designated official shall be conclusive."

SECTION 24. Said title is further amended by striking subsection (c) of Code Section 21-2-327, relating to preparation of voting machines, in its entirety and inserting in lieu thereof a new subsection (c) to read as follows:
*(c) On or before the twelfth day preceding a primary or election, including special primaries, special elections, and referendum elections, the superintendent shall mail to the foreperson of the grand jury, the chairperson of the county executive committee of each political party which shall be entitled under existing laws to participate in primaries within the county, and to the chairperson or presiding officer of any organization of citizens within the county having as its purpose or among its purposes the investigation or prosecution of primary and election frauds, which has registered its name and address and the names of its principal officers with the superintendent at least 30 days before such primary or election, and, in the case of an election, to the appropriate committee of each political body which shall be entitled to have the names of its candidates entered on the voting machines, and to each independent candidate who shall be entitled to have his or her name printed on the voting machines, a written notice stating the times when and the place or places where preparation of the machines for use in the several precincts in the county will be started. The grand jury shall appoint a committee, consisting ofthree ofits members, which shall inspect the machines and see that the machines are properly prepared and are placed in proper condition and order for use. In the event the committee of the grand jury fails to be present, the superintendent shall immediately appoint a panel consisting of three electors to perform the duties of the committee of the grand jury set forth in this Code section. Further, one representative of each political party or body, certified by the chairperson of such political party or body, and one representative of each aforementioned organization of citizens, certified by the chairperson or presiding officer of such organization, and any such independent candidate or his or her certified agent shall be entitled to be present during the preparation of the machines and to see that the machines are properly prepared and are placed in proper condition and order for use. Such committee of the grand jury, representatives, or candidates shall not, however, interfere with the preparation of the machines; and the superintendent may make such reasonable

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rules and regulations concerning the conduct of such representatives and candidates."
SECTION 25. Said title is further amended by striking Code Section 21-2-353, relating to examination and approval of vote recorders and tabulating machines by Secretary of State, in its entirety and inserting in lieu thereof a new Code Section 21-2-353 to read as follows:
'21-2-353.
(a) Any person or organization owning, manufacturing, or selling, or being interested in the manufacture or sale of, any vote recorder or tabulating machine may request the Secretary of State to examine the vote recorder or tabulating machine. Any ten or more electors of this state may, at any time, request the Secretary of State to reexamine any vote recorder or tabulating machine previously examined and approved by him or her. Before any such examination or reexamination, the person, persons, or organization requesting such examination or reexamination shall pay to the Secretary of State the reasonable expenses of such examination. The Secretary of State may, at any time, in his or her discretion, reexamine any vote recorder or tabulating machine. (b) The Secretary of State shall thereupon examine or reexamine such vote recorder or tabulating machine and shall make and file in his or her office a report, attested by his or her signature and the seal of his or her office, stating whether, in his or her opinion, the kind of vote recorder or tabulating machine so examined can be safely and accurately used by electors at primaries and elections as provided in this chapter. If this report states that the vote recorder or tabulating machine can be so used, the recorder or tabulating machine shall be deemed approved; and vote recorders and tabulating machines of its kind may be adopted for use at primaries and elections as provided in this chapter. (c) No kind of vote recorder or tabulating machine not so approved shall be used at any primary or election and if, upon the reexamination of any vote recorder or tabulating machine previously approved, it shall appear that the vote recorder or tabulating machine so reexamined can no longer be safely or accurately used by electors at primaries or elections as provided in this chapter because of any problem concerning its ability to accurately record or tabulate votes, the approval of the same shall immediately be revoked by the Secretary of State; and no such vote recorder or tabulating machine shall thereafter be purchased for use or be used in this state. (d) At least ten days prior to any primary or election, including special primaries, special elections, and referendum elections, the election superintendent shall verify and certify in writing to the Secretary of State that all voting will occur on equipment certified by the Secretary of State. (e) Any vendor who completes a sale of vote recorders or tabulating machines that have not been certified by the Secretary of State to a governmental body in this state shall be subject to a penalty of $100,000.00, payable to the State of Georgia, plus reimbursement of all costs and expenses incurred by the

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governmental body in connection with the sale. The State Election Board shall have authority to impose such penalty upon a finding that such a sale has occurred. (f) When a vote recorder or tabulating machine has been so approved, no improvement or change that does not impair its accuracy, efficiency, or capacity shall render necessary a reexamination or reapproval of the vote recorder or tabulating machine, or of its kind. (g) Neither the Secretary of State, nor any custodian, nor the governing authority of any county or municipality or a member of such authority nor any other person involved in the examination process shall have any pecuniary interest in any vote recorder or tabulating machine or in the manufacture or sale thereof, (h) The compensation of each examiner appointed under this Code section shall be fixed and paid by the Secretary of State."
SECTION 26. Said title is further amended by inserting a new Code Section 21-2-354.1 to read as follows:
'21-2-354.1.
If two or more candidates for the same nomination or office shall have the same or similar names, the Secretary of State, in the case of federal or state offices, the superintendent of elections, in the case of county offices, or the official with whom such candidates qualify, in the case of municipal elections, shall print or cause to be printed the residence of all candidates for such nomination or office on the ballot labels under their names. The designated official shall determine whether the names of the candidates are of such a similar nature as to warrant printing the residence of all candidates for that office on the ballot labels; and the decision of the designated official shall be conclusive."
SECTION 27. Said title is further amended by striking subsection (c) of Code Section 21-2-359, relating to the preparation of vote recorders, in its entirety and inserting in lieu thereof a new subsection (c) to read as follows:
"(c) On or before the third day preceding a primary or election, including special primaries, special elections, and referendum elections, the superintendent shall have the tabulating machines tested to ascertain that they will correctly count the votes cast for all offices and on all questions. Public notice of the time and place of the test shall be made at least five days prior thereto. Representatives of political parties and bodies, candidates, news media, and the public shall be permitted to observe such tests. The test shall be conducted by processing a preaudited group of ballot cards so punched or marked as to record a predetermined number of valid votes for each candidate and on each question and shall include for each office one or more ballot cards which have votes in excess of the number allowed by law in order to test the ability of the tabulating machine to reject such votes. The tabulating machine shall not be approved unless it produces an errorless count. If any error is detected, the cause therefor shall be

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ascertained and corrected; and an errorless count shall be made before the machine is approved. The same test shall be repeated immediately before the start of the official count of the ballot cards and at the conclusion of such count. The superintendent or custodian shall also prepare the vote recorders for voting at the various polling places to be used in the primary or election. In preparing the vote recorders, he or she shall arrange the recorders and the ballot labels so that they meet all requirements of voting and counting at such primary or election, thoroughly inspect and test the vote recorders, and file a certificate in the office of the superintendent of the county or the city clerk of the municipality that the recorders are in proper order with correct ballot labels."
SECTION 28. Said title is further amended by striking Code Section 21 -2-368, relating to review of optical scanning voting systems by Secretary of State, in its entirety and inserting in lieu thereof a new Code Section 21-2-368 to read as follows:
'21-2-368.
(a) Any person or organization owning, manufacturing, or selling, or being interested in the manufacture or sale of, any optical scanning voting system may request the Secretary of State to examine the optical scanning voting system. Any ten or more electors of this state may, at any time, request the Secretary of State to reexamine any optical scanning voting system previously examined and approved by him or her. Before any such examination or reexamination, the person, persons, or organization requesting such examination or reexamination shall pay to the Secretary of State the reasonable expenses of such examination. The Secretary of State may, at any time, in his or her discretion, reexamine any optical scanning voting system. (b) The Secretary of State shall thereupon examine or reexamine such optical scanning voting system and shall make and file in his or her office a report, attested by his or her signature and the seal of his or her office, stating whether, in his or her opinion, the kind of optical scanning voting system so examined can be safely and accurately used by electors at primaries and elections as provided in this chapter. If this report states that the optical scanning voting system can be so used, the optical scanning voting system shall be deemed approved; and optical scanning voting systems of its kind may be adopted for use at primaries and elections as provided in this chapter. (c) No kind of optical scanning voting system not so approved shall be used at any primary or election and if, upon the reexamination of any optical scanning voting system previously approved, it shall appear that the optical scanning voting system so reexamined can no longer be safely or accurately used by electors at primaries or elections as provided in this chapter because of any problem concerning its ability to accurately record or tabulate votes, the approval of the same shall immediately be revoked by the Secretary of State; and no such optical scanning voting system shall thereafter be purchased for use or be used in this state.

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(d) At least ten days prior to any primary or election, including spec ial primaries, special elections, and referendum elections, the election superintendent shall verify and certify in writing to the Secretary of State that all voting will occur on equipment certified by the Secretary of State. (e) Any vendor who completes a sale of optical scanning voting system that has not been certified by the Secretary of State to a governmental body in this state shall be subject to a penalty of $ 100,000.00, payable to the State of Georgia, plus reimbursement of all costs and expenses incurred by the governmental body in connection with the sale. The State Election Board shall have authority to impose such penalty upon a finding that such a sale has occurred. (f) When an optical scanning voting system has been so approved, no improvement or change that does not impair its accuracy, efficiency, or capacity shall render necessary a reexamination or reapproval of the optical scanning voting system, or of its kind. (g) Neither the Secretary of State, nor any custodian, nor the governing authority of any county or municipality or a member of such authority nor any other person involved in the examination process shall have any pecuniary interest in any optical scanning voting system or in the manufacture or sale thereof."
SECTION 29. Said title is further amended by inserting a new Code Section 21 -2-369.1 to read as follows:
"21-2-369.1.
If two or more candidates for the same nomination or office shall have the same or similar names, the Secretary of State, in the case of federal or state offices, the superintendent of elections, in the case of county offices, or the official with whom such candidates qualify, in the case of municipal elections, shall print or cause to be printed the residence of all candidates for such nomination or office on the ballot under their names. The designated official shall determine whether the names of the candidates are of such a similar nature as to warrant printing the residence of all candidates for that office on the ballot; and the decision of the designated official shall be conclusive."
SECTION 30. Said title is further amended by striking subsection (b) of Code Section 21-2-374, relating to proper programming of optical scanning voting systems, in its entirety and inserting in lieu thereof a new subsection (b) to read as follows:
"(b) On or before the third day preceding a primary or election, including special primaries, special elections, and referendum elections, the superintendent shall have the optical scanning tabulators tested to ascertain that they will correctly count the votes cast for all offices and on all questions. Public notice of the time and place of the test shall be made at least five days prior thereto. Representatives of political parties and bodies, candidates, news media, and the public shall be permitted to observe such tests. The test shall be conducted by processing a preaudited group of ballots so marked as to record a predetermined

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number of valid votes for each candidate and on each question and shall include for each office one or more ballots which are improperly marked and one or more ballots which have votes in excess of the number allowed by law in order to test the ability of the optical scanning tabulator to reject such votes. The optical scanning tabulator shall not be approved unless it produces an errorless count. If any error is detected, the cause therefor shall be ascertained and corrected; and an errorless count shall be made before the tabulator is approved. The superintendent shall cause the pretested tabulators to be placed at the various polling places to be used in the primary or election. The superintendent shall require that each optical scanning tabulator be thoroughly tested and inspected prior to each primary and election in which it is used and shall keep such tested material as certification of an errorless count on each tabulator. In counties using central count optical scanning tabulators, the same test shall be repeated immediately before the start of the official count of the ballots and at the conclusion of such count. Precinct tabulators shall produce a zero tape prior to any ballots being inserted on the day of any primary or election."
SECTION 31. Said title is further amended by striking Code Section 21 -2-379.2, relating to review of manufacturer's electronic voting system by Secretary of State, in its entirety and inserting in lieu thereof a new Code Section 21-2-379.2 to read as follows:
"21-2-379.2.
(a) Any person or organization owning, manufacturing, or selling, or being interested in the manufacture or sale of, any direct electronic recording voting system may request the Secretary of State to examine the system. Any ten or more electors of this state may, at any time, request the Secretary of State to reexamine any such system previously examined and approved by him or her. Before any such examination or reexamination, the person, persons, or organization requesting such examination or reexamination shall pay to the Secretary of State the reasonable expenses of such examination. The Secretary of State may, at any time, in his or her discretion, reexamine any such system. (b) The Secretary of State shall thereupon examine or reexamine such direct electronic recording voting system and shall make and file in his or her office a report, attested by his or her signature and the seal of his or her office, stating whether, in his or her opinion, the kind of system so examined can be safely and accurately used by electors at primaries and elections as provided in this chapter. If this report states that the system can be so used, the system shall be deemed approved; and systems of its kind may be adopted for use at primaries and elections as provided in this chapter. (c) No kind of direct electronic recording voting system not so approved shall be used at any primary or election and if, upon the reexamination of any such system previously approved, it shall appear that the system so reexamined can no longer be safely or accurately used by electors at primaries or elections as provided in this chapter because of any problem concerning its ability to accurately record or tabulate votes, the approval of the same shall immediately

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be revoked by the Secretary of State; and no such system shall thereafter be purchased for use or be used in this state. (d) At least ten days prior to any primary or election, including special primaries, special elections, and referendum elections, the election superintendent shall verify and certify in writing to the Secretary of State that all voting will occur on equipment certified by the Secretary of State. (e) Any vendor who completes a sale of a direct electronic voting system that has not been certified by the Secretary of State to a governmental body in this state shall be subject to a penalty of $ 100,000.00, payable to the State of Georgia, plus reimbursement of all costs and expenses incurred by the governmental body in connection with the sale. The State Election Board shall have authority to impose such penalty upon a finding that such a sale has occurred. (f) When a direct electronic recording voting system has been so approved, no improvement or change that does not impair its accuracy, efficiency, or capacity shall render necessary a reexamination or reapproval of such system, or of its kind. (g) Neither the Secretary of State, nor any custodian, nor the governing authority of any county or municipality or a member of such authority nor any other person involved in the examination process shall have any pecuniary interest in any direct electronic recording voting system or in the manufacture or sale thereof."
SECTION 32. Said title is further amended by striking Code Section 21-2-380.1, relating to appointment of absentee ballot clerk, in its entirety and inserting in lieu thereof a new Code Section 21-2-380.1 to read as follows:
"21-2-380.1. The municipal governing authority shall appoint an absentee ballot clerk who may be the county registrar, municipal registrar, or any other designated official and who shall perform the duties set forth in this article."
SECTION 33. Said title is further amended by striking paragraph (3) of subsection (a) of Code Section 21-2-381, relating to the making of application for absentee ballot, in its entirety and inserting in lieu thereof a new paragraph (3) to read as follows:
"(3) All applications for an official absentee ballot that are distributed by a person, entity, or organization shall list thereon all of the legally acceptable categories of absentee electors contained in Code Section 21-2-380 and shall require the elector to select the category which qualifies the elector to vote by absentee ballot."
SECTION 34. Said title is further amended by striking paragraph (1) of subsection (a) of Code Section 21-2-386, relating to the safekeeping, certification, and validation of absentee ballots, in its entirety and inserting in lieu thereof a new paragraph (1) to read as follows:

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"(a)(l) The board of registrars or absentee ballot clerk shall keep safely and unopened all official absentee ballots received from absentee electors prior to the closing of the polls on the day of the primary or election except as otherwise provided in this subsection. Upon receipt of each ballot, a registrar or clerk shall write the day and hour of the receipt of the ballot on its envelope. The registrar or clerk shall then compare the identifying information on the oath with the information on file in his or her office, shall compare the signature or mark on the oath with the signature or mark on the absentee elector's application for absentee ballot or a facsimile of said signature or mark taken from said application, and shall, if the information and signature appear to be valid, so certify by signing or initialing his or her name below the voter's oath. Each elector's name so certified shall be listed by the registrar or clerk on the numbered list of absentee voters prepared for his or her precinct. If the elector has failed to sign the oath, or if the signature does not appear to be valid, or if the elector has failed to furnish required information or information so furnished does not conform with that on file in the registrar's or clerk's office, or if the elector is otherwise found disqualified to vote, the registrar or clerk shall write across the face of the envelope 'Rejected,' giving the reason therefor. The board of registrars or absentee ballot clerk shall promptly notify the elector of such rejection, a copy of which notification shall be retained in the files of the board of registrars or absentee ballot clerk for at least one year. Three copies of the numbered list of voters shall also be prepared for such rejected absentee electors, giving the name of the elector and the reason for the rejection in each case. Three copies of the numbered list of certified absentee voters and three copies ofthe numbered list ofrejected absentee voters for each precinct shall be turned over to the poll manager in charge of counting the absentee ballots and shall be distributed as required by law for numbered lists of voters. All absentee ballots returned to the board or absentee ballot clerk after the closing of the polls on the day of the primary or election shall be safely kept unopened by the board or absentee ballot clerk for the period of time required for the preservation of ballots used at the primary or election and shall then, without being opened, be destroyed in like manner as the used ballots of the primary or election. The board of registrars or absentee ballot clerk shall promptly notify the elector by first-class mail that the elector's ballot was returned too late to be counted and that the elector will not receive credit for voting in the primary or election.'
SECTION 35. Said title is further amended by striking subsection (a) of Code Section 21-2-402, relating to the preparation of voter's certificates by Secretary of State, in its entirety and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) At each primary and election, the Secretary of State shall prepare and furnish to each superintendent a suitable number of voter's certificates which shall be in substantially the following form:

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VOTER'S CERTIFICATE
I hereby certify that I am qualified to vote at the (primary or election) held on _________, that I have not and will not vote elsewhere in this (primary or election) in my own name or in any other name, and that I am a citizen of the United States and am not currently serving a sentence for a felony conviction. I understand that making a false statement on this certificate is a felony under Code Section 21-2-562.
Signature __________________ Current residence address of elector:
Elector's date ofbirth: ______________________________ Name or initials of poll officer receiving voter's certificate: __________ In case of physical disability or illiteracy, fill out the following:
I hereby certify that the voter is unable to sign his or her name by reason of the following: _________________________________
Signature of poll officer Number of stub of ballot or number of admission to voting machine: ____'
SECTION 36. Said title is further amended by striking Code Section 21 -2-407, relating to the duty of registrars to review qualifications of electors who may have been erroneously omitted from the list of electors, in its entirety and inserting in lieu thereof a new Code Section 21-2-407 to read as follows:
"21-2-407. The registrars shall meet at their main office during each primary or election for the purpose of considering the qualification of electors whose names may have been omitted by inadvertence or mistake from the list of electors. The registrars shall be authorized to place the names of such electors on the registration list or make other corrections to the list as necessary."
SECTION 37. Said title is further amended by striking subsection (d) of Code Section 21-2-408, relating to poll watchers, in its entirety and inserting in lieu thereof a new subsection (d) to read as follows:
"(d) Notwithstanding any other provisions of this chapter, a poll watcher may be permitted behind the enclosed space for the purpose of observing the conduct of the election and the counting and recording of votes. Such poll watcher shall in no way interfere with the conduct of the election, and the poll manager may make reasonable regulations to avoid such interference. Without in any way limiting

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the authority of poll managers, poll watchers are prohibited from talking to voters, checking electors lists, using photographic or other electronic monitoring or recording devices, using cellular telephones, or participating in any form of campaigning while they are behind the enclosed space. If a poll watcher persists in interfering with the conduct ofthe election or in violating any ofthe provisions of this Code section after being duly warned by the poll manager or superintendent, he or she may be removed by such official. Any infraction or irregularities observed by poll watchers shall be reported directly to the superintendent, not to the poll manager. The superintendent shall furnish a badge to each poll watcher bearing the words 'Official Poll Watcher,' the name of the poll watcher, the primary or election in which the poll watcher shall serve, and either the precinct or tabulating center in which the poll watcher shall serve or a statement that such poll watcher is a state-wide poll watcher. The poll watcher shall wear such badge at all times while serving as a poll watcher."
SECTION 38. Said title is further amended by striking subsection (b) of Code Section 21-2-409, relating to assisting electors who cannot read English or who have physical disabilities, in its entirety and inserting in lieu thereof a new subsection (b) to read as follows:
'(b)(l) In elections in which there is a federal candidate on the ballot, any elector who is entitled to receive assistance in voting under this Code section shall be permitted by the managers to select any person of the elector's choice except the elector's employer or agent of that employer or officer or agent of the elector's union. (2) In all other elections, any elector who is entitled to receive assistance in voting under this Code section shall be permitted by the managers to select (1) any elector, except a poll officer or poll watcher, who is a resident of the precinct in which the elector requiring assistance is attempting to vote; or (2) the mother, father, sister, brother, spouse, or child of the elector entitled to receive assistance, to enter the voting compartment or booth with him or her to assist in voting, such assistance to be rendered inside the voting compartment or booth. No person shall assist more than ten such electors in any primary, election, or runoff covered by this paragraph."
SECTION 39. Said title is further amended by striking Code Section 21 -2-411, relating to return of checked list of electors and voter's certificates to superintendent, in its entirety and inserting in lieu thereof a new Code Section 21-2-411 to read as follows:
"21-2-411. The chief manager in each precinct shall return a checked list of electors, reflecting those who voted, and the voter's certificates to the superintendent, to be deposited with the registrars. The board of registrars shall keep such voter's certificates for at least 24 months and such electors lists for at least five years, and the same shall be available for public inspection."

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SECTION 40. Said title is further amended by striking Code Section 21 -2-413, relating to conduct of voters, campaigners, and others at polling places generally, in its entirety and inserting in lieu thereof anew Code Section 21-2-413 to read as follows:
"21-2-413.
(a) No elector shall be allowed to occupy a voting compartment or voting machine booth already occupied by another except when giving assistance as permitted by this chapter. (b) No elector shall remain in a voting compartment or voting machine booth an unreasonable length of time; and, if such elector shall refuse to leave after such period, he or she shall be removed by the poll officers. (c) No elector except a poll officer or poll watcher shall reenter the enclosed space after he or she has once left it except to give assistance as provided by this chapter. (d) No person, when within the polling place, shall electioneer or solicit votes for any political party or body or candidate or question, nor shall any written or printed matter be posted within the room, except as required by this chapter. The prohibitions contained within Code Section 21 -2-414 shall be equally applicable within the polling place and no elector shall violate the provisions of Code Section 21-2-414. (e) No elector shall use photographic or other electronic monitoring or recording devices or cellular telephones while such elector is within the enclosed space in a polling place. (f) All persons except poll officers, poll watchers, persons in the course of voting and such persons' children under 18 years of age accompanying such persons, persons lawfully giving assistance to electors, duly authorized investigators ofthe State Election Board, and peace officers when necessary for the preservation of order, must remain outside the enclosed space during the progress of the voting. Notwithstanding any other provision of this chapter, any elector shall be permitted to be accompanied into the enclosed area and into a voting compartment or voting machine booth while voting by such elector's child or children under 18 years of age unless the poll manager or an assistant manager determines in his or her sole discretion that such child or children are causing a disturbance or are interfering with the conduct ofvoting. Children accompanying an elector in the enclosed space pursuant to this subsection shall not in any manner handle any ballot nor operate any function of a voting machine or vote recorder under any circumstances. (g) When the hour for closing the polls shall arrive, all electors who have already qualified and are inside the enclosed space shall be permitted to vote; and, in addition thereto, all electors who are then in the polling place outside the enclosed space, or then in line outside the polling place, waiting to vote, shall be permitted to do so if found qualified, but no other persons shall be permitted to vote. (h) It shall be the duty of the chief manager to secure the observances of this Code section, to keep order in the polling place, and to see that no more persons

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are admitted within the enclosed space than are permitted by this chapter. Further, from the time a polling place is opened until the ballots are delivered to the superintendent, the ballots shall be in the custody of at least two poll officers at all times. (i) No person except peace officers regularly employed by the federal, state, county, or municipal government or certified security guards shall be permitted to carry firearms within 150 feet of any polling place."
SECTION 41. Said title is further amended by striking Code Section 21-2-414, relating to restrictions on campaign activities and public opinion polling within the vicinity of a polling place, in its entirety and inserting in lieu thereof a new Code Section 21-2-414 to read as follows:
"21-2-414.
(a) No person shall solicit votes in any manner or by any means or method, nor shall any person distribute any campaign literature, newspaper, booklet, pamphlet, card, sign, or any other written or printed matter of any kind, nor shall any person conduct any exit poll or public opinion poll with voters on any primary or election day:
(1) Within 150 feet of the outer edge of any building within which a polling place is established; (2) Within any polling place; or (3) Within 25 feet of any voter standing in line to vote at any polling place. (b) No person shall solicit signatures for any petition on any primary or election day: (1) Within 150 feet of the outer edge of any building within which a polling place is established; (2) Within any polling place; or (3) Within 25 feet of any voter standing in line to vote at any polling place. (c) No person shall solicit votes in any manner or by any means or method, nor shall any person distribute any campaign literature, newspaper, booklet, pamphlet, card, sign, or any other written or printed matter of any kind, nor shall any person conduct any exit poll or public opinion poll with voters within a room in which absentee ballots are being cast on any day. (d) No person shall solicit signatures for any petition within a room in which absentee ballots are being cast on any day. (e) No person shall use a cellular telephone or other electronic communication device once such person has been issued a ballot or, in the case of precincts using voting machines or electronic recording voting systems, once the person has entered the voting machine or voting enclosure or booth. This subsection shall not prohibit the use of cellular telephones by poll officials. (f) This Code section shall not be construed to prohibit a poll officer from distributing materials, as required by law, which are necessary for the purpose of instructing electors or from distributing materials prepared by the Secretary of

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State which are designed solely for the purpose of encouraging voter participation in the election being conducted. (g) Any person who violates this Code section shall be guilty of a misdemeanor."
SECTION 42. Said title is further amended by striking subsections (c) and (g) of Code Section 21 -2-501, relating to the number of votes required for election, in their entirety and inserting in lieu thereof new subsections (c) and (g) to read as follows:
"(c) In instances in which no municipal candidate receives a majority of the votes cast and the municipal charter or ordinances do not provide for nomination or election by a plurality vote, a run-off primary or election shall be held between the candidates receiving the two highest numbers of votes. Such runoff shall be held on the twenty-first day after the day of holding the first primary or election, unless such run-off date is postponed by court order. Only the electors entitled to vote in the first primary or election shall be entitled to vote in any run-off primary or election resulting therefrom; provided, however, that no elector shall vote in a run-off primary in violation of Code Section 21 -2-216. The run-off primary or election shall be a continuation of the first primary or election, and only those votes cast for the candidates receiving the two highest numbers of votes in the first primary or election shall be counted. No write-in votes may be cast in such a primary, run-off primary, or run-off election. If any candidate eligible to be in a runoff withdraws, dies, or is found to be ineligible, the remaining candidates receiving the two highest numbers of votes shall be the candidates in such runoff. The municipal candidate receiving the highest number of the votes cast in such run-off primary or election to fill the nomination or public office sought shall be declared the winner." "(g) In the event that no candidate receives a plurality of the votes cast in a general election or more than one candidate in a general election, special election runoff, or run-off primary receives the highest number of votes cast, a runoff of the general election, special election runoff, or run-off primary between the candidates receiving the two highest numbers of votes shall be held. Unless such date is postponed by a court order, such runoff shall be held on the twenty-first day after the day of holding the preceding general election, special election runoff, or run-off primary. If any candidate eligible to be in such runoff withdraws, dies, or is found to be ineligible, the remaining candidates receiving the two highest numbers of votes shall be the candidates in the runoff. The candidate receiving the highest number of the votes cast in such runoff to fill the nomination or public office such candidate seeks shall be declared the winner. The name of a write-in candidate eligible for election in a runoff shall be printed on the run-off election ballot in the independent column. The runoff of a run-off primary or special election runoff shall be a continuation of the primary or special election for the particular office concerned, and the run-off election of a general election shall be a continuation of the general election for the particular office concerned. Only the electors who were entitled to vote for that particular office in such primary or special election or general election, respectively, shall

268________GENERAL ACTS AND RESOLUTIONS___________
be entitled to vote therein, and only those votes cast for the persons designated as candidates in such runoff shall be counted in the tabulation and canvass of the votes cast. No elector shall vote in a run-off primary in violation of Code Section 21-2-224.'
SECTION 43. Said title is further amended by striking subsection (b) of Code Section 21-2-540, relating to conduct of special elections generally, in its entirety and inserting in lieu thereof a new subsection (b) to read as follows:
'(b) At least 29 days shall intervene between the call of a special primary and the holding of same, and at least 29 days shall intervene between the call of a special election and the holding of same. The period during which candidates may qualify to run in a special primary or a special election shall remain open for a minimum of two and one-half days. Municipal special elections which are to be held in conjunction with a state-wide general primary or state-wide general election shall be called at least 60 days prior to the date of such state-wide general primary or state-wide general election; provided, however, that this requirement shall not apply to special elections held on the same date as such state-wide general primary or state-wide general election but conducted separate and apart from such state-wide general primary or state-wide general election."
SECTION 44. Said title is further amended by striking subparagraph (c)(l)(B) of Code Section 21-2-540, relating to conduct of special elections generally, in its entirety and inserting in lieu thereof a new subparagraph (B) to read as follows:
"(B) In even-numbered years any such special election shall only be held on: (i) The third Tuesday in March; provided, however, that in the event that a special election is to be held under this provision in a year in which a presidential preference primary is to be held, then any such special election shall be held on the date of and in conjunction with the presidential preference primary; (ii) The date of the general primary; (iii) The third Tuesday in September; or (iv) The Tuesday after the first Monday in November."
SECTION 45. Said title is further amended by striking Code Section 21 -2-541.1, relating to terms for all municipal offices elected at general municipal elections, in its entirety and inserting in lieu thereof a new Code Section 21-2-541.1 to read as follows:
"21-2-541.1. All municipal offices elected at general municipal elections shall be for terms of four years unless otherwise provided by local law in accordance with Code Section 21-2-541.2. Unless otherwise provided for by the municipal charter, municipal officeholders shall be sworn in at their first organizational meeting of

____________GEORGIA LAWS 2001 SESSION__________269
the new year and will hold office until their successors are duly elected and qualified and take said oath of office."
SECTION 46. All laws and parts of laws in conflict with this Act are repealed.
Approved April 18,2001.
ELECTIONS - ELECTIONS AND PRIMARIES GENERALLY; VARIOUS PROVISIONS;
NONPARTISAN PRIMARIES AND ELECTIONS; PROPOSED CONSTITUTIONAL AMENDMENTS; TWENTY-FIRST CENTURY VOTING COMMISSION.
Code Titles 15, 20, 21, and 50 Amended.
No. 166 (Senate Bill No. 213).
AN ACT
To amend Code Section 15-7-21 of the Official Code of Georgia Annotated, relating to qualifications of state court judges, so as to change the provisions concerning nonpartisan primaries; to amend Code Section 20-2-56 of the Official Code of Georgia Annotated, relating to nonpartisan primaries and elections for members of boards of education, so as to change the provisions concerning nonpartisan primaries; to amend Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to elections and primaries generally, so as to eliminate nonpartisan primaries except for municipal offices; to provide that nonpartisan elections for certain county and state offices shall be held in conjunction with the general primary; to provide a qualifying time for certain nonpartisan elections; to provide that offices for which local Acts provide for nonpartisan primaries and elections shall not be required to have a nonpartisan primary; to specify the circumstances under which election superintendents may open absentee ballots; to change the method of removing deceased voters from the electors list; to authorize the Secretary of State to obtain the names of Georgians who die in other states if possible; to provide for the transmission of names of persons who have been convicted of felonies to the registrars for removal from the electors list; to provide for the form of the nonpartisan election ballot; to authorize the Constitutional Amendments Publication Board to determine short titles or headings for proposed constitutional amendments; to authorize the Secretary of State to place such short titles or headings on the ballots; to require the Secretary of State to print the proposed constitutional amendments in the order specified by the Constitutional Amendments Publication Board; to provide for uniform election equipment

270________GENERAL ACTS AND RESOLUTIONS________
throughout the state; to provide for the education of voters, election officials, and poll officers in the operation of election equipment; to authorize the Secretary of State to conduct a pilot project to test electronic recording voting systems during the 2001 municipal elections; to create the Twenty-first Century Voting Commission; to provide for the composition, duties, and compensation of such commission; to provide times for certification of election results; to amend Code Section 50-12-101 of the Official Code of Georgia Annotated, relating to assignment of numbers by board to proposed constitutional amendments and Constitutions, so as to authorize the Constitutional Amendments Publication Board to assign short titles or headings to proposed constitutional amendments which the Secretary of State shall place on the ballots; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Code Section 15-7-21 of the Official Code of Georgia Annotated, relating to qualifications of state court judges, is amended by striking paragraph (2) of subsection (a) and inserting in lieu thereof a new paragraph (2) to read as follows:
"(2) If, at the expiration of the qualifying period for the general nonpartisan election or any special election, no candidate meeting the requirements of paragraph (1) of this subsection has qualified, then the county election superintendent shall reopen qualifying for a period of 15 days, and any person may qualify who: (A) will have been for three years next preceding the beginning of the term of office a resident of the superior court judicial circuit containing the geographic area in which the judge is to serve; and (B) meets all requirements, other than the residency requirement specified in paragraph (1) of this subsection, for eligibility for nomination and election to the office of state court judge.'
SECTION 2. Code Section 20-2-56 of the Official Code of Georgia Annotated, relating to nonpartisan primaries and elections for members of boards of education, is amended by striking said Code section in its entirety and inserting in lieu thereof a new Code Section 20-2-56 to read as follows:
"20-2-56. Notwithstanding any other provisions of law to the contrary, the General Assembly may provide by local law for the election in nonpartisan elections of candidates to fill the offices of members of boards of education and, in the case of independent school systems, for the election in nonpartisan elections of candidates to fill the offices of members of the boards of education of those independent school systems using the procedures established in Chapter 2 of Title 21, the 'Georgia Election Code."

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SECTION 3. Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to elections and primaries generally, is amended by striking Code Section 21-2-130, relating to the procedures for qualification of candidates generally, in its entirety and inserting in lieu thereof a new Code Section 21-2-130 to read as follows:
'21-2-130.
Candidates may qualify for an election by virtue of: (1) Nomination in a primary conducted by a political party; (2) Filing a nomination petition either as an independent candidate or as a nominee of a political body, if duly certified by the chairperson and the secretary of the political body as having been nominated in a duly constituted political body convention as prescribed in Code Section 21-2-172; (3) Nomination for a state-wide office by a duly constituted political body convention as prescribed in Code Section 21-2-172 ifthe political body making the nomination has qualified to nominate candidates for state-wide public office under the provisions of Code Section 21-2-180; (4) In the case of an election for presidential electors, nomination as prescribed by rules of a political party; (5) Substitute nomination by a political party or body as prescribed in Code Sections 21-2-134 and 21-2-155, respectively; (6) Candidacy in a special election as prescribed in subsection (e) of Code Section 21-2-132; or (7) Being an incumbent qualifying as a candidate to succeed such incumbent as prescribed in subsection (e) of Code Section 21-2-132.'
SECTION 4. Said chapter is further amended by striking paragraphs (1) and (2) of subsection (a) of Code Section 21-2-131, relating to fixing and publishing of qualifying fees, and inserting in lieu thereof new paragraphs (1) and (2) to read as follows:
"(1) The governing authority of any county or municipality, not later than February 1 of any year in which a general primary, nonpartisan election, or general election is to be held, and at least 35 days prior to the special primary or election in the case of a special primary or special election, shall fix and publish a qualifying fee for each county or municipal office to be filled in the upcoming primary or election. Such fee shall be 3 percent of the total gross salary of the office paid in the preceding calendar year including all supplements authorized by law if a salaried office; provided, however, that for the offices of clerk of the superior court, judge of the probate court, sheriff, tax commissioner, and magistrate, the qualifying fee shall be 3 percent of the minimum salary provided by general law for the office, exclusive of cost-of-living increases and longevity increases. If not a salaried office, a reasonable fee shall be set by the governing authority of such county or municipality, such fee not to exceed 3 percent of the income derived from such county office by the person holding the office for the preceding year or more than $35.00 for a municipal office;

272_________GENERAL ACTS AND RESOLUTIONS__________
(2) Within the same time limitation as provided in paragraph (1) of this subsection, the Secretary of State shall fix and publish a qualifying fee for any candidate qualifying by this method with a state political party and for any candidate qualifying with the Secretary of State for a nonpartisan election and for any candidate filing with the Secretary of State his or her notice of candidacy for a general or special election. Such fee shall be 3 percent of the annual salary of the office if a salaried office, except that the fee for members of the General Assembly shall be $400.00. If not a salaried office, a reasonable fee shall be set by the Secretary of State, such fee not to exceed 3 percent of the income derived from such office by the person holding the office for the preceding year;"
SECTION 5. Said chapter is further amended by striking Code Section 21-2-132, relating to filing notice of candidacy, and inserting in lieu thereof a new Code Section 21-2-132 to read as follows:
"21-2-132.
(a) The names of nominees of political parties nominated in a primary and the names of nominees of political parties for the office of presidential elector shall be placed on the election ballot without their filing the notice of candidacy otherwise required by this Code section. (b) Candidates seeking election in a nonpartisan election shall comply with the requirements of subsections (c) and (t) of this Code section, as modified by subsection (g) of this Code section, by the date prescribed and shall by the same date pay to the proper authority the qualifying fee prescribed by Code Section 21-2-131 in order to be eligible to have their names placed on the nonpartisan election ballots. (c) All candidates seeking nomination in a nonpartisan election shall file their notice of candidacy and pay the prescribed qualifying fee by the date prescribed in this subsection in order to be eligible to have their names placed on the nonpartisan election ballot by the Secretary of State or election superintendent, as the case may be, in the following manner:
(1) Each candidate for the office ofjudge of the superior court, Judge of the Court of Appeals, or Justice of the Supreme Court, or the candidate's agent, desiring to have his or her name placed on the nonpartisan election ballot shall file a notice of candidacy, giving his or her name, residence address, and the office sought, in the office of the Secretary of State no earlier than 9:00 A.M. on the fourth Monday in April immediately prior to the election and no later than 12:00 Noon on the Friday following the fourth Monday in April, notwithstanding the fact that any such days may be legal holidays; and (2) Each candidate for a county judicial office, a local school board office, or an office of a consolidated government, except those offices which on July 1, 2001, were covered by local Acts of the General Assembly which provided for election in a nonpartisan election without a prior nonpartisan primary, or the candidate's agent, desiring to have his or her name placed on the nonpartisan

____________GEORGIA LAWS 2001 SESSION___________273
election ballot shall file notice of candidacy in the oftice of the superintendent no earlier than 9:00 A.M. on the fourth Monday in April immediately prior to the election and no later than 12:00 Noon on the Friday following the fourth Monday in April, notwithstanding the fact that any such days may be legal holidays. (d) All other candidates shall file their notice of candidacy and pay the prescribed qualifying fee by the date prescribed in this subsection in order to be eligible to have their names placed on the election ballot by the Secretary of State or election superintendent, as the case may be, in the following manner: (1) Each candidate for federal or state office, or his or her agent, desiring to have his or her name placed on the election ballot shall file a notice of his or her candidacy, giving his or her name, residence address, and the office he or she is seeking, in the office of the Secretary of State no earlier than 9:00 A.M. on the fourth Monday in June immediately prior to the election and no later than 12:00 Noon on the Friday following the fourth Monday in June in the case of a general election and no earlier than the date of the call of the election and no later than 25 days prior to the election in the case of a special election; (2) Each candidate for a county office, including those offices which on July 1, 2001, were covered by local Acts of the General Assembly which provided for election in a nonpartisan election without a prior nonpartisan primary, or his or her agent, desiring to have his or her name placed on the election ballot shall file notice of his or her candidacy in the office of the superintendent of his or her county no earlier than 9:00 A.M. on the fourth Monday in June immediately prior to the election and no later than 12:00 Noon on the Friday following the fourth Monday in June in the case of a general election and no earlier than the date of the call of the election and no later than 25 days prior to the election in the case of a special election; (3) Each candidate for municipal office or a designee shall file a notice of candidacy in the office of the municipal superintendent of such candidate's municipality during the municipality's qualifying period. Each municipal superintendent shall designate the days of the qualifying period, which shall be no less than three days and no more than five days. The days of the qualifying period shall be consecutive days. Qualifying periods shall comply with the following:
(A) In the case of a general election held in an odd-numbered year, the municipal qualifying period shall commence no earlier than 8:30 A.M. on the second Monday in September immediately preceding the general election and shall end no later than 4:30 P.M. on the following Friday; (B) In the case of a general election held in an even-numbered year, the municipal qualifying period shall commence no earlier than 8:30 A.M. on the last Monday in August immediately preceding the general election and shall end no later than 4:30 P.M. on the following Friday; and (C) In the case of a special election, the municipal qualifying period shall commence no earlier than the date of the call and shall end no later than 25 days prior to the election.

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The hours of qualifying each day shall be from 8:30 A.M. until 4:30 P.M. with one hour allowed for the lunch break; provided, however, that municipalities which have normal business hours which cover a lesser period of time shall conduct qualifying during normal business hours for each such municipality. Except in the case of a special election, notice of the opening and closing dates and the hours for candidates to qualify shall be published at least two weeks prior to the opening of the qualifying period. (e) Each candidate required to file a notice of candidacy by this Code section shall, no earlier than 9:00 A.M. on the fourth Monday in June immediately prior to the election and no later than 12:00 Noon on the second Tuesday in July immediately prior to the election, file with the same official with whom he or she filed his or her notice of candidacy a nomination petition in the form prescribed in Code Section 21 -2-170, except that such petition shall not be required if such candidate is: (1) A nominee of a political party for the office of presidential elector when such party has held a national convention and therein nominated candidates for President and Vice President of the United States; (2) Seeking office in a special election; (3) An incumbent qualifying as a candidate to succeed such incumbent if, prior to the election in which such incumbent was originally elected to the office for which such incumbent seeks reelection, such incumbent filed a notice of candidacy and a nomination petition as required by this chapter; (4) A candidate seeking election in a nonpartisan election; or (5) A nominee for a state-wide office by a duly constituted political body convention, provided that the political body making the nomination has qualified to nominate candidates for state-wide public office under the provisions of Code Section 21-2-180. (f) Each candidate required by this Code section to file a notice of candidacy shall accompany his or her notice of candidacy with an affidavit stating: (1) His or her residence, with street and number, if any, and his or her post office address; (2) His or her profession, business, or occupation, if any; (3) The name of his or her precinct; (4) That he or she is an elector of the county or municipality of his or her residence eligible to vote in the election in which he or she is a candidate; (5) The name of the office he or she is seeking; (6) That he or she is eligible to hold such office; (7) That the candidate has never been convicted and sentenced in any court of competent jurisdiction for fraudulent violation of primary or election laws, malfeasance in office, or felony involving moral turpitude or conviction of domestic violence under the laws of this state or any other state or of the United States, or that the candidate's civil rights have been restored and that at least ten years have elapsed from the date of the completion of the sentence without a subsequent conviction of another felony involving moral turpitude; and

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(8) That he or she will not knowingly violate this chapter or rules and regulations adopted under this chapter. The affidavit shall contain such other information as may be prescribed by the officer with whom the candidate files his or her notice of candidacy, (g) A pauper's affidavit may be filed in lieu of paying the qualifying fee otherwise required by this Code section and Code Sections 21-2-131 and 21-2-138 of any candidate who has filed a qualifying petition as provided for in subsection (h) ofthis Code section. A candidate filing a pauper's affidavit instead of paying a qualifying fee shall under oath affirm his or her poverty and his or her resulting inability to pay the qualifying fee otherwise required. The form of the affidavit shall be prescribed by the Secretary of State and shall include a financial statement which lists the total income, assets, liabilities, and other relevant financial information of the candidate and shall indicate on its face that the candidate has neither the assets nor the income to pay the qualifying fee otherwise required. The affidavit shall contain an oath that such candidate has neither the assets nor the income to pay the qualifying fee otherwise required. The following warning shall be printed on the affidavit form prepared by the Secretary of State, to wit: 'WARNING: Any person knowingly making any false statement on this affidavit commits the offense of false swearing and shall be guilty of a felony.' The name of any candidate who subscribes and swears to an oath that such candidate has neither the assets nor the income to pay the qualifying fee otherwise required shall be placed on the ballot by the Secretary of State or election superintendent, as the case may be. (h) No candidate shall be authorized to file a pauper's affidavit in lieu of paying the qualifying fee otherwise required by this Code section and Code Section 21-2-138 unless such candidate has filed a qualifying petition which complies with the following requirements: (1) A qualifying petition of a candidate seeking an office which is voted upon state wide shall be signed by a number of voters equal to one-fourth of 1 percent of the total number of registered voters eligible to vote in the last election for the filling of the office the candidate is seeking and the signers of such petition shall be registered and eligible to vote in the election at which such candidate seeks to be elected. A qualifying petition of a candidate for any other office shall be signed by a number of voters equal to 1 percent of the total number of registered voters eligible to vote in the last election for the filling of the office the candidate is seeking and the signers of such petition shall be registered and eligible to vote in the election at which such candidate seeks to be elected. However, in the case of a candidate seeking an office for which there has never been an election or seeking an office in a newly constituted constituency, the percentage figure shall be computed on the total number of registered voters in the constituency who would have been qualified to vote for such office had the election been held at the last general election and the signers of such petition shall be registered and eligible to vote in the election at which such candidate seeks to be elected;

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(2) Each person signing a qualifying petition shall declare therein that he or she is a duly qualified and registered elector of the state entitled to vote in the next election for the filling of the office sought by the candidate supported by the petition and shall add to his or her signature his or her residence address, giving municipality, if any, and county, with street and number, if any. No person shall sign the same petition more than once. Each petition shall support the candidacy of only a single candidate. A signature shall be stricken from the petition when the signer so requests prior to the presentation of the petition to the appropriate officer for filing, but such a request shall be disregarded if made after such presentation; (3) A qualifying petition shall be on one or more sheets of uniform size and different sheets must be used by signers resident in different counties. The upper portion of each sheet, prior to being signed by any petitioner, shall bear the name and title of the officer with whom the petition will be filed, the name of the candidate to be supported by the petition, his or her profession, business, or occupation, if any, his or her place of residence with street and number, if any, the name of the office he or she is seeking, his or her political party or body affiliation, if any, and the name and date of the election in which the candidate is seeking election. If more than one sheet is used, they shall be bound together when offered for filing if they are intended to constitute one qualifying petition, and each sheet shall be numbered consecutively, beginning with number one, at the foot of each page. Each sheet shall bear on the bottom or back thereof the affidavit of the circulator of such sheet, which affidavit must be subscribed and sworn to by such circulator before a notary public and shall set forth:
(A) His or her residence address, giving municipality with street and number, if any; (B) That each signer manually signed his or her own name with full knowledge of the contents of the qualifying petition; (C) That each signature on such sheet was signed within 180 days of the last day on which such petition may be filed; and (D) That, to the best of the affiant's knowledge and belief, the signers .are registered electors of the state qualified to sign the petition, that their respective residences are correctly stated in the petition, and that they all reside in the county named in the affidavit; (4) No qualifying petition shall be circulated prior to 180 days before the last day on which such petition may be filed, and no signature shall be counted unless it was signed within 180 days of the last day for filing the same; and (5) A qualifying petition shall not be amended or supplemented after its presentation to the appropriate officer for filing. No notary public may sign the petition as an elector or serve as a circulator of any petition which he or she notarized. Any and all sheets of a petition that have the circulator's affidavit notarized by a notary public who also served as a circulator of one or more sheets of the petition or who signed one of the sheets of the petition as an elector shall be disqualified and rejected."

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SECTION 6. Said chapter is further amended by striking subsection (a) of Code Section 21-2-133, relating to giving notice of intent of write-in candidacy, and inserting in lieu thereof a new subsection (a) to read as follows:
*(a) No person elected on a write-in vote shall be eligible to hold office unless notice of his or her intention of candidacy was filed and published no earlier than January 1 and no later than the Tuesday after the first Monday in September prior to the election in the case of a general election, no earlier than January 1 and no later than the Tuesday after the first Monday in June in the case of a nonpartisan election for state or county office which was not covered by a local Act of the General Assembly on July 1,2001, which provided for election in a nonpartisan election without a prior nonpartisan primary, or at least 20 or more days prior to a special election by the person to be a write-in candidate or by some other person or group of persons qualified to vote in the subject election, as follows:
(1) In a state general or special election, notice shall be filed with the Secretary of State and published in a paper of general circulation in the state; (2) In a general or special election of county officers, notice shall be filed with the superintendent of elections in the county in which he or she is to be a candidate and published in the official organ of the same county; or (3) In a municipal general or special election, notice shall be filed with the superintendent and published in the official gazette of the municipality holding the election."
SECTION 7. Said chapter is further amended by striking subsections (a), (d), and (e) of Code Section 21-2-134, relating to the withdrawal, death, or disqualification of a candidate for office, and inserting in lieu thereof new subsections (a), (d), and (e) to read as follows:
"(a)( 1) A candidate nominated at any primary election or nominated by means other than a primary may withdraw as a candidate at the ensuing general election by filing a notarized affidavit of withdrawal with the Secretary of State, if nominated for a state office; the county superintendent, if nominated for a county office; or the municipal superintendent, if nominated for a municipal office. The qualifying fee shall not be returned to the candidate. If the ballots have been printed, the Secretary of State or the county or municipal superintendent-may reprint the ballots to omit the name of the withdrawn candidate. All votes cast for the withdrawn candidate shall be void and shall not be counted. Prominent notices shall be posted in all polling places in which the name of the withdrawn candidate appears on the ballot stating that the candidate has withdrawn and that all votes cast for such withdrawn candidate shall be void and shall not be counted. No vacancy on the ballot for a general election or for a nonpartisan election shall be filled except by reason of the withdrawal, death, or disqualification of a candidate. (2) A candidate in a general or special primary may withdraw as a candidate after qualifying but prior to the date of the general or special primary by filing

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a notarized affidavit of withdrawal with the Secretary of State, if qualifying for a state office; the county election superintendent, if qualifying for a county office; or the municipal superintendent, if qualifying for a municipal office. A candidate of a political body or an independent candidate in a general or special election may withdraw as a candidate after qualifying but prior to the date of the general or special election by filing a notarized affidavit of withdrawal with the Secretary of State, if qualifying for a state office; the county election superintendent, if qualifying for a county office; or the municipal superintendent, if qualifying for a municipal office. The qualifying fee shall not be returned to the candidate. If the ballots have been printed, the Secretary of State, the county election superintendent, or the municipal superintendent may reprint the ballots to omit the name of the withdrawn candidate. All votes cast for the withdrawn candidate shall be void and shall not be counted. Prominent notices shall be posted in all polling places in which the name of the withdrawn candidate appears on the ballot stating that the candidate has withdrawn and that all votes cast for such withdrawn candidate shall be void and shall not be counted.' "(d) If the withdrawal, death, or disqualification of a candidate after nomination for any public office would at the time of such event result in there being no candidate for that office on the ballot in the general election, then the vacancy shall be filled by a special primary which shall be open only to the party of such deceased, withdrawn, or disqualified candidate and the office shall be filled by a special election as provided in Code Section 21-2-540. (e) Reserved."
SECTION 8. Said chapter is further amended by striking Code Section 21-2-135, relating to designation of specific office sought where office has multiple officeholders with same title, and inserting in lieu thereof a new Code Section 21-2-135 to read as follows:
"21-2-135.
(a)(l) In the case of a public office having multiple officeholders with the same title, each candidate, including write-in candidates, shall designate the specific office he or she is seeking, name the person such candidate is seeking to succeed, and give such other appropriate designation as may be required by the Secretary of State or election superintendent each time such candidate qualifies with his or her party in the case of a primary, files a notice of candidacy in the case of an election, or files a notice of candidacy as a write-in candidate. The designation of the specific office and the name of the person whom a candidate is seeking to succeed in the case of a public office having multiple officeholders shall be entered on the ballot and ballot labels in such manner that in the ensuing primary or election such candidate shall only oppose the other candidate or candidates, if any, who designated the same specific office and the same name.

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(2) In the case of a candidate, including a write-in candidate, seeking one of two or more municipal public offices, each having the same title and each being filled at the same election by the vote of the same electors, the applicable municipal charter or ordinance provisions shall govern whether such candidate shall designate the specific office he or she is seeking. If required to designate the specific office, the candidate shall name his or her incumbent or give other appropriate designation as specified in the charter or ordinance. Such designation shall be entered on the ballot and ballot labels in such manner that in the ensuing municipal primary or election such candidate shall only oppose the other candidate or candidates, if any, designating the same specific office. (b) In the case of the office of judge of a state court, judge of a superior court, Judge of the Court of Appeals, or Justice of the Supreme Court, the name of the person such candidate is seeking to succeed and such other designation as may be required by the Secretary of State or election superintendent shall be included in the title of the office on the ballot in all nonpartisan elections."
SECTION 9. Said chapter is further amended by striking Code Section 21-2-138, relating to nonpartisan primaries and elections for judicial offices, and inserting in lieu thereof a new Code Section 21-2-138 to read as follows:
"21-2-138.
The names of all candidates who have qualified with the Secretary of State for the office ofjudge of a superior court, Judge of the Court of Appeals, or Justice of the Supreme Court of this state and the names of all candidates who have qualified with the election superintendent for the office ofjudge of a state court shall be placed on the ballot in a nonpartisan election to be held and conducted jointly with the general primary in each even-numbered year; provided that nonpartisan elections for the office ofjudge ofthe state court which was covered on July 1, 2001, by a local Act of the General Assembly which provided for election in a nonpartisan election without a prior nonpartisan primary shall be held and conducted jointly with the general election in even-numbered years. No candidates for any such office shall be nominated by a political party or by a petition as a candidate of a political body or as an independent candidate. Candidates for any such office, except offices which were covered on July 1, 2001, by a local Act of the General Assembly which provided for election in a nonpartisan election without a prior nonpartisan primary, shall have their names placed on the nonpartisan portion of each political party ballot by complying with the requirements prescribed in Code Section 21-2-132 specifically related to such nonpartisan candidates and by paying the requisite qualifying fees as prescribed in Code Section 21-2-131. The Secretary of State may provide for the printing of independent ballots containing the names of the nonpartisan candidates for those voters not affiliated with a political party. Candidates shall be listed on the official ballot in a nonpartisan election as provided in Code Sections 21 -2-284.1 and 21-2-285.1, respectively. Except as otherwise specified in this chapter, the procedures to be employed in conducting the nonpartisan election of judges of

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state courts, judges of superior courts, Judges of the Court of Appeals, and Justices of the Supreme Court shall conform as nearly as practicable to the procedures governing general primaries and general elections; and such general primary and general election procedures as are necessary to complete this nonpartisan election process shall be adopted in a manner consistent with such nonpartisan elections.'
SECTION 10. Said chapter is further amended by striking subsection (a) of Code Section 21-2-139, relating to nonpartisan elections, and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) Notwithstanding any other provisions of this chapter to the contrary, the General Assembly may provide by local Act for the election in nonpartisan elections of candidates to fill county judicial offices, offices of local school boards, and offices of consolidated governments which are filled by the vote of the electors of said county or political subdivision. Except as otherwise provided in this Code section, the procedures to be employed in such nonpartisan elections shall conform as nearly as practicable to the procedures governing nonpartisan elections as provided in this chapter. Except as otherwise provided in this Code section, the election procedures established by any existing local law which provides for the nonpartisan election of candidates to fill county offices shall conform to the general procedures governing nonpartisan elections as provided in this chapter, and such nonpartisan elections shall be conducted in accordance with the applicable provisions of this chapter, notwithstanding the provisions of any existing local law. For those offices for which the General Assembly as of July 1, 2001, pursuant to this Code section, provided by local Act for election in nonpartisan primaries and elections, such offices shall no longer require nonpartisan primaries. Such officers shall be elected in nonpartisan elections held and conducted in conjunction with the general primary in accordance with this chapter without a prior nonpartisan primary. For those offices for which the General Assembly as of July 1, 2001, provided by local Act for election in a nonpartisan election without a prior nonpartisan primary, such offices shall be elected in nonpartisan elections held and conducted in conjunction with the November general election without a prior nonpartisan primary. Nonpartisan elections for municipal offices shall be conducted on the dates provided in the municipal charter."
SECTION 11. Said chapter is further amended by striking Code Section 21-2-150, relating to date of general primary, and inserting in lieu thereof a new Code Section 21-2-150 to read as follows:
"21-2-150.
(a) Whenever any political party holds a primary to nominate candidates for public offices to be filled in the ensuing November election, such primary shall be held on the third Tuesday in July in each even-numbered year or, in the case

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ofmunicipalities, on the third Tuesday in July in each odd-numbered year, except as provided in subsection (b) of this Code section. (b) Whenever the primary occurs during the same week of the national convention of either the political party whose candidates received the highest number of votes or the political party whose candidates received the next highest number of votes in the last presidential election, the general primary shall be conducted on the second Tuesday in July of such year. This subsection shall not apply unless the date of the convention of the political party is announced by the political party prior to April 1 of the year in which the general primary is conducted."
SECTION 12. Said chapter is further amended by striking Code Section 21-2-151, relating to authorization for political party primaries and for nonpartisan primaries forjudicial offices, and inserting in lieu thereof a new Code Section 21-2-151 to read as follows:
"21-2-151. (a) A political party may elect its officials and shall nominate its candidates for public office in a primary. Except for substitute nominations as provided in Code Section 21-2-134 and nomination of presidential electors, all nominees of a political party for public office shall be nominated in the primary preceding the general election in which the candidates' names will be listed on the ballot. (b) The primary held for such purposes shall be conducted by the superintendent in the same manner as prescribed by law and by rules and regulations of the State Election Board and the superintendent for general elections. Primaries of all political parties and all nonpartisan elections for nonpartisan offices other than those offices which were covered on July 1,2001, by a local Act of the General Assembly which provided for election in a nonpartisan election without a prior nonpartisan primary shall be conducted jointly."
SECTION 13. Said chapter is further amended by striking Code Section 21-2-155, relating to the reopening of qualifications in the event of a candidate's death, and inserting in lieu thereof a new Code Section 21-2-155 to read as follows:
"21-2-155. In the event of the death of a candidate prior to the date of a political party primary, the state executive committee or other committee ofthe party authorized by party rule or, in the case of a municipal election, the municipal executive committee may reopen qualification for the office sought by the deceased candidate for a period of not less than one nor more than three days."
SECTION 14. Said chapter is further amended by striking Code Section 21 -2-231, relating to lists of persons convicted of felonies, persons declared mentally incompetent, and

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deceased persons provided to Secretary of State, and inserting in lieu thereof a new Code Section 21-2-231 to read as follows:
'21-2-231.
(a) The clerk of the superior court of each county shall, on or before the tenth day of each month, prepare and transmit to the Secretary of State, in a format as prescribed by the Secretary of State, a complete list of all persons, including addresses, ages, and other identifying information as prescribed by the Secretary of State, who were convicted of a felony involving moral turpitude during the preceding calendar month in the county. (b) The judge of the probate court of each county shall, on or before the tenth day of each month, prepare and transmit to the Secretary of State, in a format as prescribed by the Secretary of State, a complete list of all persons, including addresses, ages, and other identifying information as prescribed by the Secretary of State, who were declared mentally incompetent during the preceding calendar month in the county and whose voting rights were removed. (c) Upon receipt of the lists described in subsections (a) and (b) of this Code section and the lists of persons convicted of felonies in federal courts received pursuant to 42 U.S.C. Section 1973gg-6(g), the Secretary of State shall transmit the names of such persons whose names appear on the list of electors to the appropriate county board of registrars who shall remove all such names from the list of electors and shall mail a notice of such action and the reason therefor to the last known address of such persons by first-class mail. (d) The local registrar of vital statistics of each county shall, on or before the tenth day of each month, prepare and transmit to the Secretary of State, in a format as prescribed by the Secretary of State, a complete list of all persons, including addresses, ages, and other identifying information as prescribed by the Secretary of State, who died during the preceding calendar month in the county. The Secretary of State may, by agreement with the commissioner of human resources, obtain such information from the state registrar of vital statistics. Additionally, the Secretary of State is authorized to obtain such lists of deceased Georgia electors, if possible, from other states. (e) Upon receipt of the lists described in subsection (d) of this Code section, the Secretary of State or his or her designated agent shall remove all such names of deceased persons from the list of electors and shall notify the registrar in the county where the deceased person was domiciled at the time of his or her death. (f) County registrars shall initiate appropriate action regarding the right of an elector to remain on the list of qualified registered voters within 60 days after receipt of the information described in this Code section. Failure to take such action may subject the registrars or the governing authority for whom the registrars are acting to a fine by the State Election Board."
SECTION 15. Said chapter is further amended by striking paragraph (1) of subsection (a) of Code Section 21-2-270, relating to run-off primaries, and inserting in lieu thereof a new paragraph (1) to read as follows:

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"(1) No run-off election is to be held for election of any candidate who is elected at a nonpartisan election;"
SECTION 16. Said chapter is further amended by striking subsection (a) of Code Section 21-2-284.1, relating to form of nonpartisan primary ballot, and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) The names of all candidates seeking election in a nonpartisan election conducted in conjunction with a partisan primary shall be printed on the ballot of each political party; and insofar as practicable such offices to be filled in a nonpartisan election shall be separated from the names of political party candidates by being listed last on each political party ballot, with the top of that portion of the ballot relating to the nonpartisan election to have printed in prominent type the words'OFFICIAL NONPARTISAN ELECTION BALLOT.' Immediately under this caption the following directions shall be printed: 'Place a crosG (X) or check (S) mark in the square opposite the name of each nonpartisan candidate for whom you choose to vote. To vote for a person whose name is not on the ballot, manually write his or her name, accompanied by the title of the office involved, in the write-in column. If you spoil your ballot, do not erase, but ask for a new ballot. Use only pen or pencil.' Immediately under the directions, the names of the nonpartisan candidates shall in all cases be arranged under the title of the office for which they are candidates and be printed thereunder in alphabetical order. No party designation or affiliation shall appear beside the name of any candidate for nonpartisan office. An appropriate space shall also be placed on the ballot for the casting of write-in votes for such offices. The incumbency of a nonpartisan candidate seeking nomination for the public office he or she then holds shall be indicated on the ballots by printing the word 'Incumbent' beside his or her name. Under the title of each office shall be placed a direction as to the number of nonpartisan candidates to be voted for. The votes cast for each nonpartisan candidate listed on all political party ballots shall be combined to determine the total number of votes received by each candidate in the nonpartisan election. In the event that a candidate in such nonpartisan election does not receive a plurality of the total votes cast for such office, there shall be a nonpartisan election runoff between the candidates receiving the two highest numbers of votes for such office; and the names of such candidates shall be placed on each political party ballot at the general primary runoff in the same nonpartisan portion as prescribed in this Code section. If no political party runoff is required, the form of the ballot for the nonpartisan election runoff shall be prescribed by the Secretary of State or election superintendent in essentially the same format prescribed for nonpartisan elections. The candidate receiving the highest number of votes cast in the nonpartisan election runoff shall be declared duly elected to such office."

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SECTION 17. Said chapter is further amended by striking subsection (f) of Code Section 21-2-285, relating to the form of the official ballot, and inserting in lieu thereof a new subsection (f) to read as follows:
"(f) When proposed constitutional amendments or other questions are submitted to a vote of the electors, each amendment or other question so submitted may be printed upon the ballot to the right of or below the groups of candidates for the various offices. Proposed constitutional amendments so submitted shall be printed in the order determined by the Constitutional Amendments Publication Board and in brief form as directed by the General Assembly and, in the event of a failure to so direct, the form shall be determined by the Secretary of State and shall include the short title or heading provided for in subsection (c) of Code Section 50-12-101. Unless otherwise provided by law, any other state-wide questions so submitted shall be printed in brief form as directed by the General Assembly and, in the event of a failure to so direct, the form shall be determined by the Secretary of State and any local questions so submitted shall be printed in brief form as directed by the General Assembly and, in the event of a failure to so direct, the form shall be determined by the superintendent. To the left of each question there shall be placed the words 'Yes' and 'No' together with appropriate squares to the left of each for the convenient insertion of a cross (X) or check (*/") mark unless otherwise directed by the General Assembly."
SECTION 18. Said chapter is further amended by striking Code Section 21 -2-285.1, relating to the form of nonpartisan election ballots, and inserting in lieu thereof a new Code Section 21-2-285.1 to read as follows:
"21-2-285.1.
The names of all candidates for offices which were covered on July 1, 2001, by a local Act of the General Assembly which provided for election in a nonpartisan election without a prior nonpartisan primary shall be printed on each official election ballot; and insofar as practicable such offices to be filled in the nonpartisan election shall be separated from the names of candidates for other offices by being listed last on each ballot, with the top of that portion of each official election ballot relating to the nonpartisan election to have printed in prominent type the words'OFFICIAL NONPARTISAN ELECTION BALLOT.' Immediately under this caption the following directions shall be printed: 'Place a cross (X) or check (/) mark in the square opposite the name of each nonpartisan candidate for whom you choose to vote. To vote for a person whose name is not on the ballot, manually write his or her name, accompanied by the title of the office involved, in the write-in column. If you spoil your ballot, do not erase, but ask for a new ballot. Use only pen or pencil.' Immediately under the directions, the name of each such nonpartisan candidate shall be arranged under the title of the office for which they are candidates and be printed thereunder in alphabetical order. No party designation or affiliation shall appear beside the name of any candidate for nonpartisan office. An appropriate space

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shall also be placed on the ballot for the casting of write-in votes for such offices. In the event that no candidate in such nonpartisan election receives a plurality of the total votes cast for such office, there shall be a nonpartisan election runoff between the candidates receiving the two highest numbers of votes; and the names of such candidates shall be placed on the official ballot at the general election runoff in the same manner as prescribed in this Code section for the nonpartisan election. In the event that only nonpartisan candidates are to be placed on a run-off ballot, the form of the ballot shall be as prescribed by the Secretary of State or election superintendent in essentially the same format as prescribed for the nonpartisan election. The candidate having a plurality of the votes cast in the nonpartisan election or the candidate receiving the highest number of votes cast in the nonpartisan election runoff shall be declared duly elected to such office."
SECTION 19. Said chapter is further amended by adding new Article 8.1 to read as follows:
"ARTICLE 8.1
21-2-300. (a) Provided that the General Assembly specifically appropriates funding to the Secretary of State to implement this subsection, the equipment used for casting and counting votes in county, state, and federal elections shall, by the July, 2004, primary election and afterwards, be the same in each county in this state and shall be provided to each county by the state, as determined by the Secretary of State. (b) Each county shall, prior to being provided with voting equipment by the state, provide polling places that are adequate for the operation of such equipment including, if necessary, the placement within the polling places of a sufficient number of electrical outlets and telephone lines. (c) Each county shall, prior to being provided with voting equipment by the state, provide or contract for adequate technical support for the installation, set up, and operation of such voting equipment for each primary, election, and special primary and special election as the Secretary of State shall determine by rule or regulation. (d) The Secretary of State shall be responsible for the development, implementation, and provision of a continuing program to educate voters, election officials, and poll workers in the proper use of such voting equipment. Each county shall bear the costs, including transportation, subsistence, and lodging, incurred by its election and registration officials in attending courses taught by or arranged by the Secretary of State for instruction in the use of the voting equipment.
21-2-301. (a) The Secretary of State is authorized to conduct a pilot project to test and evaluate the use of electronic recording voting systems during the 2001

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municipal elections. The Secretary of State in his or her discretion may select a number of municipalities to participate in such pilot program. (b) Electronic recording voting systems used in the pilot program shall meet the requirements contained in Part 5 of Article 9 of this chapter and shall have been certified by the Secretary of State as provided in Code Section 21 -2-379.2. Such voting systems shall be required to have an independent audit trail for each vote cast. (c) The Secretary of State shall furnish the electronic recording voting systems to the selected municipalities for use in the pilot project, provided that the municipalities provide polling places with adequate electrical outlets, telephone lines, and other facilities necessary to operate such electronic recording voting systems. (d) The Secretary of State is authorized to use different types of electronic recording voting systems in the pilot project. However, the same type system must be used in all precincts within a municipality and there shall not be any other voting systems used in that municipality for voting at the polling places on election day unless there is an emergency declared by the Secretary of State due to the failure of the system or due to the inability for any reason of the electors to be able to cast their ballots on the system. In the event of such declared emergency situation, the Secretary of State may direct the use of any method of voting authorized by this chapter in the municipal election.
(e)(l) There is created the Twenty-first Century Voting Commission. The commission shall be composed of two members appointed by the Speaker of the House of Representatives, two members appointed by the Lieutenant Governor, two members appointed by the. Governor, the chief information officer for the State of Georgia or his or her designee, eight members appointed by the Secretary of State of which six shall be county or municipal election officials, the director of the Elections Division of the office of the Secretary of Stale, one member designated by each political body that qualified candidates in the 2000 November general election, and the Secretary of State, who shall be the chairperson of the commission. In appointing members to such commission, the Speaker of the House of Representatives, the President of the Senate, the Governor, and the Secretary of State shall ensure equal representation on the commission by each political party in their respective appointments; provided, however, that nothing contained herein shall prohibit the Secretary of State from appointing election officials to the commission who have no political party affiliation or who are nonpartisan. The commission shall coordinate and oversee the pilot project authorized by this Code section. (2) The commission may work with the Board of Regents of the University System of Georgia and the Department of Education in seeking avenues and incentives to encourage student participation as poll workers and in other areas of the election process. (3) The commission shall make a report to the Governor and the General Assembly by December 31, 2001, on the results of the pilot project and shall

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further advise the Secretary of State on the choice of voting equipment to be used state wide in all counties pursuant to Code Section 21-2-300. (4) Any members of the General Assembly serving on the commission shall receive the allowances authorized for legislative members of interim legislative committees. The public members of the commission who are not public employees shall receive a daily expense allowance as provided in subsection (b) of Code Section 45-7-21. Any public employee serving on the commission shall receive no compensation but may be reimbursed for expenses. (5) The commission shall continue its work through December 31,2002, after which time it shall stand abolished unless reauthorized and continued by the General Assembly. (6) The Commission shall have at least one meeting in North Georgia (outside of Atlanta), one meeting in Central Georgia and one meeting in South Georgia.'
SECTION 20. Said chapter is further amended by striking subsections (g), (h), and (i) of Code Section 21-2-325, relating to form of ballot labels generally, and inserting in lieu thereof new subsections (g), (h), and (i) to read as follows:
"(g) The names of all candidates of a party or body shall appear in the same row or column, and no other names shall appear in the same row or column. The names of candidates and independent candidates shall be arranged under or opposite the title of the office for which they are candidates and shall appear in the order prescribed by subsection (c) and the second sentence of subsection (e) of Code Section 21-2-285. The rows or columns occupied by the names of the candidates of political parties and bodies shall be arranged according to the priority prescribed by subsection (c) of Code Section 21-2-285. When voting machines are used on which the titles of offices are arranged horizontally, the names of all candidates for the same office shall appear within the same vertical lines. The names of all candidates in a nonpartisan election held in conjunction with a general election shall appear on a separate portion of the voting machine in the form and arrangement prescribed in Code Section 21-2-285.1 insofar as practicable. At the top of the separate portion shall be printed in prominent type the words 'OFFICIAL NONPARTISAN ELECTION BALLOT.' (h) In primaries, the ballot labels containing the names of candidates seeking nomination by a political party shall be segregated on the face of the machine in adjacent rows or columns by parties, the priority of such political parties on the ballot labels to be determined in the order prescribed by subsection (c) of Code Section 21-2-285. If a nonpartisan election is being held in conjunction with a partisan primary, each partisan ballot label shall be clearly marked to indicate that the elector may vote in the nonpartisan election also. In nonpartisan elections, the ballot labels shall include a separate portion for the names of candidates seeking election in a nonpartisan election and the heading and arrangement of such candidates shall be as prescribed by Code Section

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21-2-284.1 insofar as practicable. At the top of the separate portion shall be printed in prominent type the words 'OFFICIAL NONPARTISAN ELECTION BALLOT.' (i) In primaries, if it shall be impracticable to place on the ballot labels of one machine the names of all candidates seeking nomination in all political parties and the names of all candidates seeking election in a nonpartisan election, the superintendent may arrange for the names of all the candidates seeking nomination in any one political party to be placed on separate voting machines; provided, however, that the names of all candidates seeking election in a nonpartisan election shall appear on all machines."
SECTION 21. Said chapter is further amended by striking subsections (a) and (c) of Code Section 21-2-386, relating to safekeeping, certification, and validation of absentee ballots, and inserting in lieu thereof new subsections (a) and (c) to read as follows:
*(a)(l) The board of registrars or absentee ballot clerk shall keep safely and unopened all official absentee ballots received from absentee electors prior to the closing of the polls on the day of the primary or election except as otherwise provided in this subsection. Upon receipt of each ballot, a registrar or clerk shall write the day and hour of the receipt of the ballot on its envelope. The registrar or clerk shall then compare the identifying information on the oath with the information on file in his or her office, shall compare the signature or mark on the oath with the signature or mark on the absentee elector's application for absentee ballot or a facsimile of said signature or mark taken from said application, and shall, if the information and signature appear to be valid, so certify by signing his or her name below the voter's oath. Each elector's name so certified shall be listed by the registrar or clerk on the numbered list of absentee voters prepared for his or her precinct. If the elector has failed to sign the oath, or if the signature does not appear to be valid, or if the elector has failed to furnish required information or information so furnished does not conform with that on file in the registrar's or clerk's office, or if the elector is otherwise found disqualified to vote, the registrar or clerk shall write across the face of the envelope 'Rejected,' giving the reason therefor. The board of registrars or absentee ballot clerk shall promptly notify the elector of such rejection, a copy of which notification shall be retained in the files of the board of registrars or absentee ballot clerk for at least one year. Three copies of the numbered list of voters shall also be prepared for such rejected absentee electors, giving the name of the elector and the reason for the rejection in each case. Three copies of the numbered list of certified absentee voters and three copies ofthe numbered list ofrejected absentee voters for each precinct shall be turned over to the poll manager in charge of counting the absentee ballots and shall be distributed as required by law for numbered lists of voters. All absentee ballots returned to the board or absentee ballot clerk after the closing of the polls on the day of the primary or election shall be safely kept unopened by the board or absentee ballot clerk for the period of

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time required for the preservation of ballots used at the primary or election and shall then, without being opened, be destroyed in like manner as the used ballots of the primary or election. The board of registrars or absentee ballot clerk shall promptly notify the elector by first-class mail that the elector's ballot was returned too late to be counted and that the elector will not receive credit for voting in the primary or election. (2) After 12:00 Noon and until the closing of the polls on the day of the primary or election, the registrars or absentee ballot clerks shall be authorized to open the outer envelope on which is printed the oath of the elector in such a manner as not to destroy the oath printed thereon; provided, however, that the registrars or absentee ballot clerk shall not be authorized to remove the contents of such outer envelope or to open the inner envelope marked 'Official Absentee Ballot,' except as otherwise provided in this Code section. At least three persons who are registrars, deputy registrars, poll workers, or absentee ballot clerks must be present before commencing. (3) If the election superintendent desires to open the inner envelopes containing the absentee ballots after 3:00 P.M., but before 7:00 P.M., on the day of the election, the election superintendent shall petition in writing the chief judge of the superior court of the county or, if such judge is a candidate in such election, such petition shall be submitted to the administrative judge of the judicial administrative district in which such county is located who shall assign such petition to a judge of the district who is not a candidate in such election at least seven days prior to the election for permission to open the inner envelopes in accordance with the procedures prescribed in this subsection. Such petition shall contain the names of persons designated to act as monitors of the process of opening the inner envelopes by the election superintendent or his or her designee. The county executive committee or, if there is no organized county executive committee, the state executive committee of each political party and political body having candidates whose names appear on the ballot for such election in such county shall have the right to designate two persons and each independent and nonpartisan candidate whose name appears on the ballot for such election in such county shall have the right to designate one person to act as monitors. Such executive committees and candidates shall be given notice by the election superintendent of the superintendent's intent to request permission to open the inner envelopes early and their right to designate monitors. The executive committees and candidates shall be given at least seven days after the notice by the election superintendent to designate monitors for inclusion in the petition. (4) The chiefjudge, after considering the petition, shall authorize the opening of the inner envelope of the absentee ballots provided that the names of the persons to serve as monitors on behalf of the political parties, political bodies, independent candidates, and nonpartisan candidates are submitted in the petition by the election superintendent. The judge shall:
(A) Designate the location where the inner envelopes shall be opened within the county;

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(B) Designate additional monitors for the process to be present during the opening of the inner envelopes, if the judge deems such persons necessary; (C) Administer an oath to each person who shall serve as a monitor and to each election official who shall participate in any manner in the process of opening the inner envelopes to which such persons shall swear or affirm that no inner envelopes shall be opened unless all monitors are present in the location designated by the judge, unless such monitor shall specifically give his or her permission for such process to continue in his or her absence; that no attempt shall be made to ascertain how any ballot was voted or to view the contents of any ballot; that no monitor shall handle, touch, or possess any ballot; and that no discussion of the procedure or of anything viewed during the opening of the envelopes will be held with any person who is not a part of the opening process before 7:00 P.M. on the day of the election; (D) Designate no less than two persons to take possession of and keep secure all such opened envelopes and ballots at all times prior to such envelopes and ballots being released to the manager of the absentee ballot precinct for counting; and (E) Provide such additional conditions and requirements as he or she deems necessary to preserve the integrity and confidentiality of such process, including instructions to monitors and election officials for the reporting of any unauthorized activity. Intentional and willful violation of such oath shall be a felony punishable pursuant to Code Section 21-2-600. (5) The process for opening the inner envelopes of absentee ballots after 12:00 Noon and before 7:00 P.M. on the day of an election as provided in this subsection shall be a confidential process to maintain the secrecy of all ballots and to protect the disclosure of any balloting information before 7:00 P.M. on election day. No ballots shall be counted before 7:00 P.M. on election day." "(c) Except as otherwise provided in this Code section, after the close of the polls on the day of the primary or election, a manager shall then open the outer envelope in such manner as not to destroy the oath printed thereon and shall deposit the inner envelope marked 'Official Absentee Ballot' in a ballot box reserved for absentee ballots. Such manager with two assistant managers, appointed by the superintendent, with such clerks as the manager deems necessary shall count the absentee ballots following the procedures prescribed by this chapter for other ballots, insofar as practicable, and prepare an election return for the county or municipality showing the results of the absentee ballots cast in such county or municipality."
SECTION 22. Said chapter is further amended by striking subsections (a), (b), and (c) of Code Section 21-2-408, relating to poll watchers, and inserting in lieu thereof a new subsections (a), (b), and (c) to read as follows:
"(a) In a primary or run-off primary, each candidate entitled to have his or her name placed on the primary or run-off primary ballot may submit the name of

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one poll watcher for each precinct in which he or she wishes to have an observer to the chairperson or secretary of the appropriate party executive committee at least 21 days prior to such primary or 14 days prior to such run-off primary. The appropriate party executive committee shall designate at least seven days prior to such primary or run-off primary no more than two poll watchers for each precinct, such poll watchers to be selected by the committee from the list submitted by party candidates. Official poll watchers shall be given a letter signed by the party chairperson and secretary, if designated by a political party, containing the following information: name of official poll watcher, address, precinct in which he or she shall serve, and name and date of primary or run-off primary. At least three days prior to the primary, a copy of the letter shall be delivered to the superintendent of the county or municipality in which the poll watcher is to serve.
(b)( 1) In an election or run-off election, each political party and political body shall each be entitled to designate, at least seven days prior to such election or run-off election, no more than two official poll watchers in each precinct to be selected by the appropriate party or body executive committee. Each independent candidate shall be entitled to designate one poll watcher in each precinct. In addition, candidates running in a nonpartisan election shall be entitled to designate one poll watcher in each precinct. Each poll watcher shall be given a letter signed by the appropriate political party or body chairperson and secretary, if a party or body designates same, or by the independent or nonpartisan candidate, if named by the independent or nonpartisan candidate. Such letter shall contain the following information: name of official poll watcher, address, precinct in which he or she shall serve, and date of election or run-off election. At least three days prior to the election, a copy of the letter shall be delivered to the superintendent of the county or municipality in which the poll watcher is to serve. (2) In an election or run-off election, each political party and political body, which body is registered pursuant to Code Section 21-2-110 and has nominated a candidate for state-wide office, shall additionally be entitled to designate, at least 14 days prior to such election or run-off election, no more than five official state-wide poll watchers to be selected by the appropriate party or body executive committee. Each independent candidate shall also be entitled to designate five official state-wide poll watchers. In addition, candidates running in a state-wide nonpartisan election shall be entitled to designate five official state-wide poll watchers. All such designations of state-wide poll watchers shall be in writing and made and submitted to the State Election Board. A state-wide poll watcher shall have the same powers and duties as poll watchers and shall be entitled to watch the polls in any precinct in the state but shall otherwise be subject to all limitations and prohibitions placed on poll watchers. Each state-wide poll watcher shall be given a letter signed by the chairperson ofthe State Election Board. Such letter shall contain the following information: name of official state-wide poll watcher, address, a statement that such poll watcher is a state-wide poll watcher, and date of election or run-off

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election. At least three days prior to the election, a copy of the letter shall be delivered to the superintendent of each county in which the poll watcher might serve. (c) In counties or municipalities using vote recorders, each political party may appoint two poll watchers in each primary or election, each political body may appoint two poll watchers in each election, each nonpartisan candidate may appoint one poll watcher in each nonpartisan election, and each independent candidate may appoint one poll watcher in each election to serve in the locations designated by the superintendent within the tabulating center. Such designated locations shall include the check-in area, the computer room, the duplication area, and such other areas as the superintendent may deem necessary to the assurance of fair and honest procedures in the tabulating center. The poll watchers provided for in this subsection shall be appointed and serve in the same manner as other poll watchers."
SECTION 23. Said chapter is further amended by striking subsection (h) of Code Section 21 -2-480, relating to the caption of the ballot for optical scanning voting equipment, and inserting in lieu thereof a new subsection (h) to read as follows:
"(h) When proposed constitutional amendments or other questions are submitted to a vote of the electors, each amendment or other question so submitted may be printed upon the ballot below the groups of candidates for the various offices. Proposed constitutional amendments so submitted shall be printed in the order determined by the Constitutional Amendments Publication Board and in brief form as directed by the General Assembly or, in the event of a failure to so direct, the form shall be determined by the Secretary of State and shall include the short title or heading provided for in subsection (c) of Code Section 50-12-101. Unless otherwise provided by law, any other state-wide questions so submitted shall be printed in brief form as directed by the General Assembly or, in the event of a failure to so direct, the form shall be determined by the Secretary of State; and any local questions so submitted shall be printed in brief form as directed by the General Assembly or, in the event of a failure to so direct, the form shall be determined by the superintendent. Next to the question there shall be placed the words 'YES' and 'NO' together with appropriate ovals or squares or broken arrows to be marked."
SECTION 24. Said chapter is further amended by striking subsection (c) of Code Section 21-2-495, relating to procedure for recount or recanvass of votes, and inserting in lieu thereof a new subsection (c) to read as follows:
"(c) Whenever the difference between the number of votes received by a candidate who has been declared nominated for an office in a primary election or who has been declared elected to an office in an election or who has been declared eligible for a run-off primary or election and the number of votes received by any other candidate or candidates not declared so nominated or

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elected or eligible for a runoff shall be not more than 1 percent of the total votes which were cast for such office therein, any such candidate or candidates receiving a sufficient number of votes so that the difference between his or her vote and that of a candidate declared nominated, elected, or eligible for a runoff is not more than 1 percent of the total votes cast, within a period of five days following the certification ofthe election results, shall have the right to a recount of the votes cast, if such request is made in writing by the losing candidate. If the office sought is a federal or state office voted upon by the electors of more than one county, the request shall be made to the Secretary of State who shall direct that the recount be performed in all counties in which electors voted for such office and notify the superintendents of the several counties involved of the request. In all other cases, the request shall be made to the superintendent. The superintendent or superintendents shall order a recount of such votes to be made immediately. If, upon such recount, it is determined that the original count was incorrect, the returns and all papers prepared by the superintendent, the superintendents, or the Secretary of State shall be corrected accordingly and the results recertified."
SECTION 25. Said chapter is further amended by striking subsection (k) of Code Section 21-2-493, relating to the computation, canvassing, and tabulation of returns, in its entirety and inserting in lieu thereof a new subsection (k) to read as follows:
"(k) As the returns from each precinct are read, computed, and found to be correct or corrected as aforesaid, they shall be recorded on the blanks prepared for the purpose until all the returns from the various precincts which are entitled to be counted shall have been duly recorded; then they shall be added together, announced, and attested by the assistants who made and computed the entries respectively and shall be signed by the superintendent. The consolidated returns shall then be certified by the superintendent in the manner required by this chapter. Such returns shall be certified by the superintendent not later than 5:00 P.M. on the seventh day following the date on which such election was held."
SECTION 26. Said chapter is further amended by striking subsection (a) of Code Section 21-2-499, relating to the duty of the Secretary of State as to tabulation, computation, and canvassing of votes for state and federal officers, in its entirety and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) Upon receiving the certified returns of any election from the various superintendents, the Secretary of State shall immediately proceed to tabulate, compute, and canvass the votes cast for all candidates described in subparagraph (A) of paragraph (4) of Code Section 21 -2-497 and upon all questions voted for by the electors of more than one county and shall thereupon certify and file in his or her office the tabulation thereof. The Secretary of State shall also, upon receiving the certified returns for presidential electors, proceed to tabulate, compute, and canvass the votes cast for each slate of presidential

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electors and shall immediately lay them before the Governor. Not later than 5:00 P.M. on the fourteenth day following the date on which such election was conducted, the Secretary of State shall certify the votes cast for all candidates described in subparagraph (A) of paragraph (4) of Code Section 21 -2-497 and upon all questions voted for by the electors of more than one county and shall no later than that same time lay the returns for presidential electors before the Governor. The Governor shall enumerate and ascertain the number of votes for each person so voted and shall certify the slates of presidential electors receiving the highest number of votes. The Governor shall certify the slates of presidential electors no later than 5:00 P.M. on the fifteenth day following the date on which such election was conducted."
SECTION 27. Code Section 50-12-101 of the Official Code of Georgia Annotated, relating to assignment of numbers by board to proposed constitutional amendments and Constitutions, is amended by adding a new subsection (c) to read as follows:
"(c) The board shall also assign to each proposed constitutional amendment a short title or heading of no more than 15 words that shall describe in summary form the substance of the proposal. The Secretary of State shall cause such short title or heading to be printed in bold face at the beginning of each proposed constitutional amendment that appears on the ballot."
SECTION 28. All laws and parts of laws in conflict with this Act are repealed.
Approved April 18,2001.
MOTOR VEHICLES AND TRAFFIC DRIVERS' LICENSES; REGISTRATION OF APPLICANTS WITH SELECTIVE SERVICE SYSTEM.
Code Section 40-5-2 Amended. Code Section 40-5-7 Enacted.
No. 167 (House Bill No. 138).
AN ACT
To support the national defense by promoting registration of certain Georgia residents with the United States Selective Service System as required by federal law; to provide for transmittal of information regarding certain persons to the United States Selective Service System; to require registration with the United States Selective Service System or consent thereto at the time of application of

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certain persons for issuance or renewal of drivers' licenses or identification cards; to amend Article 1 of Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to general provisions relative to motor vehicle drivers' licenses, so as to provide for the foregoing; to provide legislative findings and declarations; 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) Military service of citizens of this state in the armed forces of the United States has been and will remain a critical contribution to the national defense; (2) The United States Selective Service System plays a crucial role in ensuring that the nation can rapidly call up citizens for military duty in time of need; (3) Certain persons are required by federal law to register with the United States Selective Service System; (4) Significant and detrimental consequences imposed by law await those who shun their duty and fail to register for the United States Selective Service System as required, including loss of eligibility for certain government programs and employment; and (5) The purpose of this Act is to support the national defense by promoting registration of certain Georgia residents with the United States Selective Service System as required by federal law.
SECTION 2. Article 1 of Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to general provisions relative to motor vehicle drivers' licenses, is amended in Code Section 40-5-2, relating to keeping of records of applications for licenses and information on licensees and furnishing of information, by striking the introductory language and paragraph (1) of subsection (f) and inserting in lieu thereof the following:
"(f) The department is specifically authorized to disseminate the following records and information:
(1) To the United States Selective Service System and the Georgia Crime Information Center, compilations of the names, most current addresses, license or identification card numbers, and dates of birth of licensees or applicants for licenses or applicants for or holders of identification cards issued under this chapter, or, in the case of the United States Selective Service System, any other information from the license or identification card application as necessary for purposes of registration of persons therewith. Such information shall only be used in the fulfillment of the legitimate governmental duties of the United States Selective Service System and the Georgia Crime Information Center and shall not be further disseminated to any person. Information transmitted to the United States Selective Service System pursuant to this paragraph shall be provided in an electronic format;".

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SECTION 3. Said article is further amended by adding a new Code Section 40-5-7 to read as follows:
'40-5-7. (a) Any male United States citizen or immigrant who applies for any driver's license or identification card issued under this chapter, including without limitation any instruction permit, limited driving permit, provisional driver's license, or commercial driver's license, or for renewal thereof, and who is less than 26 years of age shall be registered in compliance with the requirements of Section 3 of the Military Selective Service Act, 50 App. U.S.C.A. Section 451, et seq., as amended. (b) The signature of any applicant described in subsection (a) of this Code section submitted to the department in application for such license or identification card issuance or renewal shall serve as an indication that the applicant either has registered already with the United States Selective Service System or that he is authorizing the department to forward to the United States Selective Service System the necessary information for such registration. The department shall notify the applicant at the time of application that his signature constitutes consent to be registered with the United States Selective Service System if he is not already so registered. The department shall, as soon as practical following such application and in accordance with paragraph (1) of subsection (f) of Code Section 40-5-2, forward the necessary personal information of the applicant to the United States Selective Service System for purposes of registration therewith at such time as required by federal law.'
SECTION 4. All laws and parts of laws in conflict with this Act are repealed.
Approved April 18,2001.
PROFESSIONS AND BUSINESSES - ENGINEERS; LAND SURVEYORS; EXEMPTION FROM
CONTINUING EDUCATION REQUIREMENTS FOR LICENSEES OVER AGE 65.
Code Section 43-15-6 Amended.
No. 168 (House Bill No. 140).
AN ACT
To amend Code Section 43-15-6 of the Official Code of Georgia Annotated, relating to the general powers of the State Board of Registration for Professional

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Engineers and Land Surveyors, so as to provide for an exemption for certain eligible engineers and land surveyors from continuing education requirements; 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 43-15-6 of the Official Code of Georgia Annotated, relating to the general powers of the State Board of Registration for Professional Engineers and Land Surveyors, is amended by striking subsection (b) and inserting in lieu thereof a new subsection to read as follows:
'(b) In addition to other powers conferred upon the board under this chapter, the board shall through rules and regulations require each person seeking renewal of a certificate of registration as a professional engineer or a land surveyor to complete board approved continuing education of not more than 30 hours biennially for professional engineers and not more than 15 hours biennially for land surveyors. The board shall be authorized to approve courses offered by institutions of higher learning or offered by other institutions or organizations. The board shall randomly audit some applications for renewal of a certificate of registration to enforce compliance with this subsection. The continuing education requirements adopted by the board shall recognize the continuing education requirements imposed by other states to the extent that such continuing education courses meet the requirements imposed by the board. The board shall be authorized to waive the continuing education requirements in cases of hardship, disability, or illness or under such other circumstances as the board deems appropriate. The board shall waive the continuing education requirement for individuals over the age of 65 who have retired from active practice and who apply for an inactive license and for individuals over the age of 65 who are engaged in the active practice of their profession who have had a valid active license for the previous 25 consecutive years. The requirement for continuing education including the exemptions provided for in this subsection shall apply to each licensing renewal cycle which begins after the 1996 renewal cycle."
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.
Approved April 18,2001.

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EDUCATION - SICK LEAVE FOR TEACHERS AND OTHER PUBLIC SCHOOL PERSONNEL.
Code Section 20-2-850 Amended.
No. 169 (House Bill No. 164).
AN ACT
To amend Code Section 20-2-850 of the Official Code of Georgia Annotated, relating to sick leave for teachers and other public school personnel, so as to provide that sick leave shall not be charged for certain periods of absence due to certain injuries sustained during the performance of duties; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Code Section 20-2-850 of the Official Code of Georgia Annotated, relating to sick leave for teachers and other public school personnel, is amended by striking subsection (a) and inserting in its place a new subsection to read as follows:
"(a)(l) Each person employed in any public school system of this state in the capacity of teacher, student services support personnel, or administrative and supervisory personnel, hereinafter referred to in this part as 'personnel,' as classified by the Professional Standards Commission pursuant to subsection (a) of Code Section 20-2-200, except county or regional librarians, shall be entitled to sick leave with full pay computed on the basis of one and one-fourth working days for each completed contract month, and all unused sick leave shall be accumulated from one contract year to the next up to a maximum of 45 days, except for additional days which may be accumulated for the purposes provided for in Code Section 20-2-853. Personnel may utilize sick leave upon the approval of the local school superintendent or an appointed designee for absence due to illness or injury or necessitated by exposure to contagious disease or to illness or death in the immediate family. Personnel shall be charged with sick leave for absence only on days upon which they would otherwise work, and no charge against sick leave shall be made for absence on Sundays, holidays, or other nonworkdays. (2) A teacher or other person subject to this subsection shall not be charged with sick leave for absence due to an injury to such teacher or other person caused by a physical assault while such teacher or other person was engaged in the performance of his or her duties; provided, however, that this paragraph shall apply only to the first seven workdays of absence resulting from a single injury. A teacher or other person who is absent for up to seven days due to such an injury also shall not have his or her compensation reduced because of such absence or be required to pay the cost of a substitute."

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SECTION 2. All laws and parts of laws in conflict with this Act are repealed.
Approved April 18,2001.
STATE GOVERNMENT - DEVELOPMENT ACTIVITY; LANDSCAPE PLANS; TREE CONSERVATION.
Code Section 50-16-19 Enacted.
No. 170 (House Bill No. 279).
AN ACT
To amend Article 1 of Chapter 16 of Title 50 of the Official Code of Georgia Annotated, relating to general provisions regarding public property, so as to require that the state, when engaging in certain development activities, must provide for landscape plans to retain or replace trees on the development site; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Article 1 of Chapter 16 of Title 50 of the Official Code of Georgia Annotated, relating to general provisions regarding public property, is amended by adding at the end a new Code section to read as follows:
"50-16-19. (a) As used in this Code section, the term 'development activity' means the construction of a structure having an area occupied and defined by the exterior of such structure of at least 1,000 square feet or of a parking lot, other than roadway, street, or bridge construction. (b) Any project for development activity by the state on or after December 31, 2001, shall be designed in such a manner so as to minimize the loss or destruction of trees on the site of such construction and shall include a landscape plan providing, to the greatest extent practicable, for the retention oftrees located on the site, for the replacement of trees lost with trees indigenous to the region, and for the planting of new indigenous trees."
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.
Approved April 18,2001.

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CRIMINAL PROCEDURE - SEARCH WARRANTS; APPLICATION BY VIDEO CONFERENCE.
Code Section 17-5-21.1 Enacted.
No. 171 (House Bill No. 292).
AN ACT
To amend Article 2 of Chapter 5 of Title 17 of the Official Code of Georgia Annotated, relating to searches with warrants, so as to provide that a judge of any court in this state authorized to issue search warrants pursuant to Code Section 17-5-21 may, as an alternative to other laws relating to the issuance of search warrants, conduct such applications for the issuance of search warrants by video conference; to provide that search warrant applications heard by video conference shall be conducted in a manner to ensure that the judge conducting the hearing has visual and audible contact with all affiants and witnesses giving testimony; to provide that the affiant participating in a search warrant application by video conference shall sign the affidavit for a search warrant and any related documents by any reasonable means which identifies the affiant, including, but not limited to, his or her typewritten name, signature affixed by electronic stylus, or any other reasonable means which identifies the person signing the affidavit and any related documents; to provide that the judge participating in a search warrant application by video conference shall sign the affidavit for a search warrant, the search warrant, and any related documents by any reasonable means which identifies the judge, including, but not limited to, his or her typewritten name, signature affixed by electronic stylus, orany other reasonable means which identifies the judicial officer signing the affidavit and warrant and any related documents; to provide that such applications shall be deemed to be written within the meaning of Code Section 17-5-21; to provide that such authorization shall be deemed to comply with the issuance requirements provided for in Code Section 17-5-22; to provide that a judge hearing matters pursuant to this Act shall administer an oath to any person testifying by means of a video conference; to provide that a video recording of the application hearing and any documents submitted in conjunction with the application shall be maintained as part ofthe record; 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 17 of the Official Code of Georgia Annotated, relating to searches with warrants, is amended by adding between Code Sections 17-5-21 and 17-5-22 a new Code Section 17-5-21.1 to read as follows:

____________GEORGIA LAWS 2001 SESSION__________301
'17-5-21.1.
(a) A judge of any court in this state authorized to issue search warrants pursuant to Code Section 17-5-21 may, as an alternative to other laws relating to the issuance of search warrants, conduct such applications for the issuance of search warrants by video conference. (b) Search warrant applications heard by video conference shall be conducted in a manner to ensure that the judge conducting the hearing has visual and audible contact with all affiants and witnesses giving testimony. (c) The affiant participating in a search warrant application by video conference shall sign the affidavit for a search warrant and any related documents by any reasonable means which identifies the affiant, including, but not limited to, his or her typewritten name, signature affixed by electronic stylus, or any other reasonable means which identifies the person signing the affidavit and any related documents. The judge participating in a search warrant application by video conference shall sign the affidavit for a search warrant, the search warrant, and any related documents by any reasonable means which identifies the judge, including, but not limited to, his or her typewritten name, signature affixed by electronic stylus, or any other reasonable means which identifies the judicial officer signing the affidavit and warrant and any related documents. Such applications shall be deemed to be written within the meaning of Code Section 17-5-21. Such authorization shall be deemed to comply with the issuance requirements provided for in Code Section 17-5-22. (d) A judge hearing matters pursuant to this Code section shall administer an oath to any person testifying by means of a video conference. (e) A video recording of the application hearing and any documents submitted in conjunction with the application shall be maintained as part of the record.*
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.
Approved April 18,2001.

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GAME AND FISH - HUNTING AND FISHING; RIGHTS OF CITIZENS; RESPONSIBILITIES AND POWERS OF STATE.
Code Section 27-1-3 Amended.
No. 172 (House Bill No. 301).
AN ACT
To amend Chapter 1 of Title 27 of the Official Code of Georgia Annotated, relating to general provisions relative to game and fish, so as to make certain legislative findings; to provide that the Department of Natural Resources has the authority and duty to encourage hunting and fishing; to provide that hunting and fishing is a right; to provide that no political subdivision of the state shall regulate hunting, trapping, or fishing by local ordinance; to provide 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 1 of Title 27 of the Official Code of Georgia Annotated, relating to general provisions relative to game and fish, is amended by striking in its entirety Code Section 27-1-3, relating to ownership and custody of wildlife, privilege to hunt, trap, or fish, and general offenses, and inserting in lieu thereof the following:
"27-1-3. (a) The General Assembly recognizes that hunting and fishing and the taking of wildlife are a valued part of the cultural heritage of the State of Georgia. The General Assembly further recognizes that such activities play an essential role in the state's economy and in funding the state's management programs for game and nongame species alike, and that such activities have also come to play an important and sometimes critical role in the biological management of certain natural communities within this state. In recognition of this cultural heritage and the tradition of stewardship it embodies, and of the important role that hunting and fishing and the taking of wildlife play in the state's economy and in the preservation and management of the state's natural communities, the General Assembly declares that Georgia citizens have the right to take fish and wildlife, subject to the laws and regulations adopted by the board for the public good and general welfare, which laws and regulations should be vigorously enforced. The General Assembly further declares that the state's wildlife resources should be managed in accordance with sound principles of wildlife management, using all appropriate tools, including hunting, fishing, and the taking of wildlife. (b) The ownership of, jurisdiction over, and control of all wildlife, as defined in this title, are declared to be in the State of Georgia, in its sovereign capacity, to be controlled, regulated, and disposed of in accordance with this title. Wildlife

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is held in trust by the state for the benefit of its citizens and shall not be reduced to private ownership except as specifically provided for in this title. All wildlife of the State of Georgia is declared to be within the custody of the department for purposes of management and regulation in accordance with this title. However, the State of Georgia, the department, and the board shall be immune from suit and shall not be liable for any damage to life, person, or property caused directly or indirectly by any wildlife. (c) The department has the authority and the responsibility to work with cooperating sportsmen, conservation groups, and others to encourage participation in hunting and fishing at a level to ensure continuation of such activities in perpetuity and no net loss of hunting and fishing opportunity on state owned lands. Further, the department is authorized to promote and encourage hunting, fishing, and other wildlife associated recreation on state managed wildlife areas, public fishing areas, federally owned or managed forests, and other suitable public and private lands of this state. (d) To hunt, trap, or fish, as defined in this title, or to possess or transport wildlife is declared to be a right to be exercised only in accordance with the laws governing such right. Every person exercising this right does so subject to the authority ofthe state to regulate hunting, trapping, and fishing for the public good and general welfare; and it shall be unlawful for any person exercising the right of hunting, trapping, fishing, possessing, or transporting wildlife to refuse to permit authorized employees ofthe department to inspect and count such wildlife to ascertain whether the requirements of the wildlife laws and regulations are being faithfully complied with. Any person who hunts, traps, fishes, possesses, or transports wildlife in violation of the wildlife laws and regulations violates the conditions under which this right is extended; and any wildlife then on his person or within his immediate possession is deemed to be wildlife possessed in violation of the law and is subject to seizure by the department pursuant to Code Section 27-1-21. Nothing in this subsection shall be construed to reduce, infringe upon, or diminish the rights of private property owners as otherwise provided by general law. (e) It shall be unlawful to hunt, trap, or fish except during an open season for the taking of wildlife, as such open seasons may be established by law or by rules and regulations promulgated by the board or as otherwise provided by law. (f) It shall be unlawful to hunt, trap, or fish except in compliance with the bag, creel, size, and possession limits and except in accordance with such legal methods and weapons and except at such times and places as may be established by law or by rules and regulations promulgated by the board. (g) It shall be unlawful to hunt, trap, or fish for any game species after having obtained the daily or season bag or creel limit for that species. (h) Except as otherwise provided by general law, the power and duty to promulgate rules and regulations relating to hunting, trapping, and fishing rests solely with the board. No political subdivision of the state may regulate hunting, trapping, or fishing by local ordinance; provided, however, that a local government shall not be prohibited from exercising its management rights over

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real property owned or leased by it for purposes of prohibiting hunting, fishing, or trapping upon the property or for purposes of setting times when access to the property for purposes of hunting, fishing, or trapping in accordance with this title may be permitted. Nothing contained in this Code section shall prohibit municipalities or counties, by ordinance, resolution, or other enactment, from reasonably limiting or prohibiting the discharge of firearms within the boundaries of the political subdivision for purposes of public safety, (i) A person who takes any wildlife in violation of this title commits the offense of theft by taking. A person who hunts, traps, or fishes in violation of this title commits the offense of criminal attempt. Any person who violates any provision of this Code section shall be guilty of a misdemeanor. (j) If any court finds that any criminal violation of the provisions of this title is so egregious as to display a willful and reckless disregard for the wildlife of this state, the court may, in its discretion, suspend the violator's right to hunt, fish, trap, possess, or transport wildlife in this state for a period not to exceed five years. Any person who hunts, fishes, traps, possesses, or transports wildlife in this state in violation of such suspension of rights shall be guilty of a misdemeanor of a high and aggravated nature and upon conviction thereof shall be punished by a fine of not less than $1,500.00 nor more than $5,000.00 or imprisonment for a period not exceeding 12 months or both."
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.
Approved April 18,2001.
LOCAL GOVERNMENT- REDEVELOPMENT POWERS.
Code Sections 36-44-2, 36-44-3, and 36-44-8 Amended.
No. 173 (House Bill No. 409).
AN ACT
To amend Chapter 44 of Title 36 of the Official Code of Georgia Annotated, the "Redevelopment Powers Law," so as to change the legislative purpose to include encouraging the redevelopment of economically and socially depressed nonurban areas within counties and municipalities; to change certain definitions; to expand the meaning of redevelopment; to change the characteristics of areas eligible for designation as redevelopment areas; to provide for findings by a local legislative body of a political subdivision that a redevelopment area includes one or more natural or historical assets which would not reasonably be anticipated to be adequately preserved or protected without the approval of the redevelopment plan;

_____________GEORGIA LAWS 2001 SESSION___________305
to provide that the Act shall not impair or invalidate any existing redevelopment plan, redevelopment area, or tax allocation district; 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 44 of Title 36 of the Official Code of Georgia Annotated, the "Redevelopment Powers Law," is amended by striking in its entirety Code Section 36-44-2, relating to the legislative purpose, and inserting in lieu thereof the following:
"36-44-2. It is found and declared that economically and socially depressed areas exist within counties and municipalities of this state and that these areas contribute to or cause unemployment, limit the tax resources of counties and municipalities while creating a greater demand for governmental services and, in general, have a deleterious effect upon the public health, safety, morals, and welfare. It is, therefore, in the public interest that such areas be redeveloped to the maximum extent practicable to improve economic and social conditions therein in order to abate or eliminate such deleterious effects. To encourage such redevelopment, it is essential that the counties and municipalities of this state have additional powers to form a more effective partnership with private enterprise to overcome economic limitations that have previously impeded or prohibited redevelopment of such areas. It is the purpose of this chapter, therefore, to grant such additional powers to the counties and municipalities of this state, and it is the intention of the General Assembly that this chapter be liberally construed to carry out such purpose."
SECTION 2. Said chapter is further amended in Code Section 36-44-3, relating to definitions, by striking in their entirety paragraphs (5), (7), and (9) and inserting in lieu thereof the following:
"(5) 'Redevelopment' means any activity or service necessary or incidental to achieving the development or revitalization of a redevelopment area or a portion thereof designated for redevelopment by a redevelopment plan or the preservation or improvement of historical or natural assets within a redevelopment area or a portion thereof designated for redevelopment by a redevelopment plan. Without limiting the generality of the foregoing, redevelopment may include any one or more of the following:
(A) The construction of any building or other facility for use in any business, commercial, industrial, governmental, educational, charitable, or social activity; (B) The renovation, rehabilitation, reconstruction, remodeling, repair, demolition, alteration, or expansion of any existing building or other facility

306________GENERAL ACTS AND RESOLUTIONS___________
for use in any business, commercial, industrial, governmental, educational, charitable, or social activity; (C) The construction, reconstruction, renovation, rehabilitation, remodeling, repair, demolition, alteration, or expansion of public or private housing; (D) The construction, reconstruction, renovation, rehabilitation, remodeling, repair, demolition, alteration, or expansion of public works or other public facilities necessary or incidental to the provision of governmental services; (E) The identification, preservation, renovation, rehabilitation, reconstruction, remodeling, repair, demolition, alteration, or restoration of buildings or sites which are of historical significance; (F) The preservation, protection, renovation, rehabilitation, restoration, alteration, improvement, maintenance, and creation of open spaces or green spaces; (G) The development, construction, reconstruction, repair, demolition, alteration, or expansion of structures, equipment, and facilities for mass transit; (H) The development, construction, reconstruction, renovation, rehabilitation, repair, demolition, alteration, or expansion of telecommunication infrastructure; (I) The development, construction, reconstruction, renovation, rehabilitation, repair, demolition, alteration, or expansion of facilities for the improvement of pedestrian access and safety; (J) Improving or increasing the value of property: and (K) The acquisition and retention or acquisition and disposition of property for redevelopment purposes or the use for redevelopment purposes of property already owned by a political subdivision or any agency or instrumentality thereof." '(7) 'Redevelopment area' means: (A) Any urbanized or developed area in which the structures, buildings, or improvements, by reason ofdi lapidation, deterioration, age, or obsolescence, inadequate provision for ventilation, light, air, sanitation, or open spaces, high density of population and overcrowding, or the existence of conditions which endanger life or property by fire and other causes, or any combination of such factors, is conducive to ill health, transmission of disease, infant mortality, high unemployment, juvenile delinquency, or crime and is detrimental to the public health, safety, morals, or welfare; (B) Any urbanized or developed area which by reason of the presence of a predominant number of substandard, slum, deteriorated, or deteriorating structures; the predominance of defective or inadequate street layout, inadequate parking, roadways, bridges, or public transportation facilities incapable of handling the volume of traffic flow into or through the area, either at present or following proposed redevelopment; the faulty lot layout in relation to size, adequacy, accessibility, or usefulness; unsanitary or unsafe conditions; deterioration of site or other improvements; the diversity of ownership, tax, or special assessment delinquency exceeding the fair

___________GEORGIA LAWS 2001 SESSION___________307
value of the land; diversity of ownership on defective or unusual conditions of title which prevent or encumber the free alienability of land; or the existence of conditions which endanger life or property by fire and other causes; or any combination of the foregoing, substantially impairs or arrests the sound growth of the community, retards the provision of housing accommodations or employment opportunities; or constitutes an economic or social liability and is a menace to the public health, safety, morals, or welfare in its present condition and use; (C) Any open area located within an urbanized or developed area within the corporate limits of a municipality which because of any factor or combination of factors enumerated in subparagraph (A) or (B) of this paragraph substantially impairs or arrests the sound growth of the community; (D) Any area located within an urbanized or developed area and which, immediately prior to becoming an open area, qualified as a redevelopment area under subparagraph (A) or (B) of this paragraph; (E) Any area located within an urbanized or developed area which is substantially underutilized by containing open lots or parcels of land or by containing a substantial number of buildings or structures which are 40 years old or older or by containing structures or buildings of relatively low value as compared to the value of structures or buildings in the vicinity of the area or by having development impaired by airport and related transportation noise or by related environmental factors or an area in which there is a shortage of housing that is affordable for persons of low or moderate income which the local legislative body designates as appropriate for community redevelopment or by any combination of the foregoing factors; (F) Any geographic area designated within the comprehensive plan of a political subdivision for redevelopment which has previously been developed for commercial, residential, industrial, office, or similar or ancillary uses and which lies within the service delivery area of the political subdivision, in which the current condition of the area is less desirable than the redevelopment of the area for new commercial, residential, industrial, office, or other uses, or a combination of uses, including the provision of open space or pedestrian and transit improvements, and any geographic area that is adversely affected by airport or transportation related noise or other environmental degradation, contamination, or other environmental factors which the political subdivision has determined to be impairing or retarding the redevelopment of the area; or (G) Any area combining any factors specified in subparagraphs (A) through (F) of this paragraph." '(9) 'Redevelopment plan' means a written plan of redevelopment for a redevelopment area or a designated portion thereof which: (A) Specifies the boundaries of the proposed redevelopment area; (B) Explains the grounds for a finding by the local legislative body that the redevelopment area on the whole has not been subject to growth and

308________GENERAL ACTS AND RESOLUTIONS__________
development through private enterprise and would not reasonably be anticipated to be developed without the approval of the redevelopment plan or that the redevelopment area includes one or more natural or historical assets which have not been adequately preserved or protected and such asset or assets would not reasonably be anticipated to be adequately preserved or protected without the approval of the redevelopment plan; (C) Explains the proposed uses after redevelopment of real property within the redevelopment area; (D) Describes any redevelopment projects within the redevelopment area proposed to be authorized by the redevelopment plan, estimates the cost thereof, and explains the proposed method of financing such projects; (E) Describes any contracts, agreements, or other instruments creating an obligation for more than one year which are proposed to be entered into by the political subdivision or its redevelopment agency or both for the purpose of implementing the redevelopment plan; (F) Describes the type of relocation payments proposed to be authorized by the redevelopment plan; (G) Includes a statement that the proposed redevelopment plan conforms with the local comprehensive plan, master plan, zoning ordinance, and building codes of the political subdivision or explains any exceptions thereto; (H) Estimates redevelopment costs to be incurred or made during the course of implementing the redevelopment plan; (I) Recites the last known assessed valuation of the redevelopment area and the estimated assessed valuation after redevelopment; (J) Provides that property which is to be redeveloped under the plan and which is either designated as a historic property under Article 2 of Chapter 10 of Title 44, the 'Georgia Historic Preservation Act,' or is listed on or has been determined by any federal agency to be eligible for listing on the National Register of Historic Places will not be:
(i) Substantially altered in any way inconsistent with technical standards for rehabilitation; or (ii) Demolished unless feasibility for reuse has been evaluated based on technical standards for the review of historic preservation projects, which technical standards for rehabilitation and review shall be those used by the state historic preservation officer, although nothing in this subparagraph shall be construed to require approval ofa redevelopment plan or any part thereof by the state historic preservation officer; (K) Specifies the proposed effective date for the creation of the tax allocation district and the proposed termination date; (L) Contains a map specifying the boundaries ofthe proposed tax allocation district and showing existing uses and conditions of real property in the proposed tax allocation district; (M) Specifies the estimated tax allocation increment base of the proposed tax allocation district;

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(N) Specifies property taxes for computing tax allocation increments determined in accordance with Code Section 36-44-9 and supported by any resolution required under paragraph (2) of Code Section 36-44-8; (O) Specifies the amount of the proposed tax allocation bond issue or issues and the term and assumed rate of interest applicable thereto; (P) Estimates positive tax allocation increments for the period covered by the term of the proposed tax allocation bonds; (Q) Specifies the property proposed to be pledged for payment or security for payment of tax allocation bonds which property may include positive tax allocation increments derived from the tax allocation district, all or part of general funds derived from the tax allocation district, and any other property from which bonds may be paid under Code Section 36-44-14, subject to the limitations of Code Sections 36-44-9 and 36-44-20; and (R) Includes such other information as may be required by resolution of the political subdivision whose area of operation includes the proposed redevelopment area.'
SECTION 3. Said chapter is further amended in Code Section 36-44-8, relating to the creation of a tax allocation district, by striking in its entirety paragraph (3) and inserting in lieu thereof the following:
"(3) Adoption by the local legislative body of a resolution approving the redevelopment plan and which:
(A) Describes the boundaries of the tax allocation district with sufficient defmiteness to identify with ordinary and reasonable certainty the territory included. The boundaries shall include only those whole units of property assessed for ad valorem property tax purposes; (B) Creates the district on December 31 following the adoption of the resolution or on December 31 of a subsequent year as determined by the local legislative body; (C) Assigns a name to the district for identification purposes. The first district created shall be known as Tax Allocation District Number 1,' followed by the name of the political subdivision within whose area of operation the district is located; (D) Specifies the estimated tax allocation increment base; (E) Specifies property taxes to be used for computing tax allocation increments; (F) Specifies the property proposed to be pledged for payment or security for payment of tax allocation bonds which property may include positive tax allocation increments derived from the tax allocation district, all or part of general funds derived from the tax allocation district, and any other property from which bonds may be paid under Code Section 36-44-14, as determined by the political subdivision subject to the limitations of Code Sections 36-44-9 and 36-44-20; and (G) Contains findings that:

310________GENERAL ACTS AND RESOLUTIONS__________
(i) The redevelopment area on the whole has not been subject to growth and development through private enterprise and would not reasonably be anticipated to be developed without the approval of the redevelopment plan or includes one or more natural or historical assets which have not been adequately preserved or protected and such asset or assets would not reasonably be anticipated to be adequately preserved or protected without the approval of the redevelopment plan; and (ii) The improvement of the area is likely to enhance the value of a substantial portion of the other real property in the district. If any information required to be included in the resolution approving the redevelopment plan under subparagraphs (A) through (G) of this paragraph is contained in the redevelopment plan, then the resolution approving the redevelopment plan may incorporate by reference that portion of the redevelopment plan containing said information.'
SECTION 4. Nothing in this Act shall impair or invalidate any redevelopment plan, redevelopment area, or tax allocation district in effect on the effective date of this Act.
SECTION 5. All laws and parts of laws in conflict with this Act are repealed.
Approved April 18,2001.
AGRICULTURE - GEORGIA TOBACCO COMMUNITY DEVELOPMENT BOARD.
Code Section 2-18-4 Amended.
No. 174 (House Bill No. 578).
AN ACT
To amend Chapter 18 ofTitle 2 ofthe Official Code ofGeorgia Annotated, relating to the Georgia Tobacco Community Development Board, so as to change the assignment for administrative purposes; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

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SECTION 1. Chapter 18 of Title 2 of the Official Code of Georgia Annotated, relating to the Georgia Tobacco Community Development Board, is amended by striking Code Section 2-18-4, relating to administrative purposes, and inserting in lieu thereof the following:
'2-18-4. The board is attached to the Office of Planning and Budget for administrative purposes. Without limitation, the office shall provide such staff and other services as the board may need for its functions. Without detracting from the status of the board as a budget unit, the Office of Planning and Budget may expend its funds for purposes of the board as if such funds were appropriated directly to the board.'
SECTION 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.
Approved April 18,2001.
LAW ENFORCEMENT OFFICERS AND AGENCIES GEORGIA POLICE ACADEMY SUPERINTENDENT; CRIMINAL JUSTICE COORDINATING COUNCIL.
Code Sections 35-4-6 and 35-6A-2 Amended.
No. 175 (House Bill No. 579).
AN ACT
To amend Chapter 4 of Title 35 of the Official Code of Georgia Annotated, relating to the Georgia Police Academy, so as to change the status of the director under the state merit system from a classified employee to an unclassified employee; to amend Chapter 6A of Title 35 of the Official Code of Georgia Annotated, relating to the Criminal Justice Coordinating Council, so as to change the assignment for administrative purposes; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

312_________GENERAL ACTS AND RESOLUTIONS_________
SECTION 1. Chapter 4 of Title 35 of the Official Code of Georgia Annotated, relating to the Georgia Police Academy, is amended by striking subsection (d) of Code Section 35-4-6, relating to the selection, powers, and duties of superintendent of the Georgia Police Academy, which reads as follows:
"(d) The superintendent ofthe academy shall be a classified employee under the State Merit System of Personnel Administration."
SECTION 2. Chapter 6A of Title 35 of the Official Code of Georgia Annotated, relating to the Criminal Justice Coordinating Council, is amended by striking Code Section 35-6A-2, relating to assignment, and inserting in lieu thereof the following:
"35-6A-2. There is established the Criminal Justice Coordinating Council of the State of Georgia which is assigned to the Georgia Bureau of Investigation for administrative purposes only, as prescribed in Code Section 50-4-3.'
SECTION 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 4. All laws and parts of laws in conflict with this Act are repealed.
Approved April 18,2001.
SOCIAL SERVICES - CHILDREN AND YOUTH COORDINATING COUNCIL.
Code Section 49-5-135 Amended.
No. 176 (House Bill No. 580).
AN ACT
To amend Code Section 49-5-135 of the Official Code of Georgia Annotated, relating to the Children and Youth Coordinating Council, so as to change the assignment for administrative purposes; 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. Code Section 49-5-135 of the Official Code of Georgia Annotated, relating to the Children and Youth Coordinating Council, is amended by striking subsection (a) in its entirety and inserting in lieu thereof the following:
'(a) The council shall be assigned to the Department of Juvenile Justice for administrative purposes only, as described in Code Section 50-4-3. The council shall operate in conjunction with and in cooperation with the operations of the Criminal Justice Coordinating Council."
SECTION 2. This Act shall become effective April 1,2001, or upon its approval by the Governor or upon its becoming law without such approval, whichever date is earliest.
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.
Approved April 18,2001.
CONSERVATION AND NATURAL RESOURCES ARCHEOLOGICAL ARTIFACTS.
Code Section 12-3-621 Amended.
No. 177 (House Bill No. 698).
AN ACT
To amend Chapter 3 of Title 12 of the Official Code of Georgia Annotated, relating to parks, historic areas, memorials, and recreation, so as to provide that a certain exception to restrictions on taking archeological artifacts shall be limited to artifacts found on dry land; to specify certain duties of the state archeologist; to provide that the possession of an artifact without the written permission of the owner of the land from which the artifact was taken shall be prima-facie evidence that such artifact was taken illegally; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Chapter 3 of Title 12 of the Official Code of Georgia Annotated, relating to parks, historic areas, memorials, and recreation, is amended by striking in its entirety Code Section 12-3-621, relating to prohibited acts as to archeological sites, notification

314_________GENERAL ACTS AND RESOLUTIONS__________
of the department before beginning investigation or disturbance of site, and a penalty, and inserting in lieu thereof the following:
"(a) It shall be unlawful for any person or entity not operating under the provisions of Section 106 of the National Historic Preservation Act, as amended, or the express written permission of the owner willfully or knowingly to:
(1) Dig, probe, break, crack, carve upon, write upon, burn, or otherwise mark upon, remove, or in any manner destroy, disturb, deface, mar, or harm the structures, features, surfaces, or contents of archeological, aboriginal, prehistoric, or historic sites; provided, however, that except for human remains and burial objects, this paragraph shall not apply to the collecting of artifacts exposed on the surface of dry land; (2) Disturb or alter in any manner the prevailing condition of any archeological, aboriginal, prehistoric, or historic site; provided, however, that except for human remains and burial objects, this paragraph shall not apply to the collecting of artifacts exposed on the surface of dry land; (3) Break, force, tamper with, or otherwise disturb a lock, gate, door, or other obstruction designed to control or prevent access to any area containing an archeological, aboriginal, prehistoric, or historic site or artifacts, even though entrance thereto may not be gained; or (4) Enter an archeological, aboriginal, prehistoric, or historic site posted against trespassing or a site with a lock, gate, door, or other obstruction designed to control or prevent access to the site. (b) When the surface of any archeological, aboriginal, prehistoric, or historic site is disturbed by a person not documented as operating under the provisions of Section 106 of the National Historic Preservation Act, as amended, for the purpose of investigating the site or discovering artifacts with the written permission of the landowner, such person shall notify the state archeologist in writing at least five business days before beginning any such investigation or disturbance. The state archeologist shall immediately notify the Council on American Indian Concerns created by Code Section 44-12-280 of any such investigation that might involve American Indian human remains or burial objects. The state archeologist shall make available to the council any information pertaining to investigations conducted pursuant to Section 106 ofthe National Historic Preservation Act, as amended. (c) Possession of any archeological artifact collected on or after July 1, 2001, without the written permission of the owner of the land from which the artifact was removed shall be prima-facie evidence that the archeological artifact was taken in violation of this chapter. As to archeological artifacts unlawfully in the possession of any person or entity, same shall be confiscated and held by the appropriate law enforcement official(s) and shall be returned by said official(s) to the property owner from whose property the artifacts were improperly removed. (d) Any person who violates any provision of subsection (a) or (b) of this Code section shall be guilty of a misdemeanor.'

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SECTION 2. All laws and parts of laws in conflict with this Act are repealed.
Approved April 18,2001.
CONSERVATION AND NATURAL RESOURCES WATER WELLS; WATER WELL CONTRACTORS.
Code Title 12, Chapter 5, Article 3, Part 3 Amended.
No. 180 (Senate Bill No. 139).
AN ACT
To amend Part 3 of Article 3 of Chapter 5 of Title 12 of the Official Code of Georgia Annotated, known as the "Water Well Standards Act of 1985," so as to change the provisions relating to the composition, appointment, and terms of members of the State Water Well Standards Advisory Council; to change the provisions relating to meetings of the council; to repeal certain provisions relating to licenses for water well contractor trainees; to require water well contractors to provide certain information to owners of water wells; to provide that nothing in this Act shall prohibit a person from drilling a well on his or her own property if such property is his or her primary residence; to provide that a person is prohibited from drilling a well or wells on property he or she owns and is developing for resale unless such person has a license as a water well contractor; to change certain provisions concerning licensing; to provide penalties for violations of licensing requirements; to provide that a person licensed as a water well contractor is not required to be licensed under Chapter 14 of Title 43, when in the course of constructing a water well, he or she makes certain electrical or plumbing connections or performs other electrical or plumbing work incidental to the drilling and construction of the well; to change the provisions relating to violations under said part and evidence necessary for convictions under said part; to provide for civil penalties and procedures for imposing penalties; to provide for judicial review; to provide that the Board ofNatural Resources is authorized and directed to establish rules and regulations to provide for the certification of persons who install pumps on water wells regulated under the provisions of said Act; to authorize the assessment of fees for such certification; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

316________GENERAL ACTS AND RESOLUTIONS_________
SECTION 1. Part 3 of Article 3 of Chapter 5 of Title 12 of the Official Code of Georgia Annotated, known as the "Water Well Standards Act of 1985," is amended by striking paragraphs (6), (13), and (32) of Code Section 12-5-122, relating to definitions, and inserting in lieu thereof new paragraphs (6), (13), and (32) to read as follows:
"(6) 'Construction' means all acts necessary to construct a well or borehole for any intended purpose or use, including locating and drilling and the installation of pumps and pumping equipment." '(13) 'Driller' means any person who engages in drilling or drilling operations and the installation ofpumps and pumping equipment. Driller shall not include a person who only installs pumps and pumping equipment.' '(32) 'Water well contractor' means any person engaging in the business of constructing water wells and installing pumps and pumping equipment. Water well contractor shall not include a person who only installs pumps and pumping equipment."
SECTION 2. Said part is further amended by striking subsections (a), (b), and (d) of Code Section 12-5-123, relating to creation of the State Water Well Standards Advisory Council, and inserting in lieu thereof new subsections (a), (b), and (d) to read as follows:
"(a) The State Water Well Standards Advisory Council is created. The council shall be composed of the following:
(1) A member appointed by the Governor from the public at large, who shall not be in any way connected with the well drilling industry. The member representing the public on July 1,2001, shall continue to serve in this position from July 1, 2001, to June 30, 2002; (2) A member appointed by the commissioner of natural resources. The member appointed by the commissioner of natural resources serving on July 1, 2001, shall continue to serve in this position until June 30, 2002; (3) A member appointed by the Governor representing the farming industry. The member representing the farming industry on July 1,2001, shall continue to serve in this position until June 30, 2003; (4) Four members representing the water well drilling industry appointed by the Governor who shall be licensed and practicing drillers. The members who are water well drillers serving on July 1,2001, shall continue to serve in these positions until June 30, 2002, at which time the Governor shall appoint two members to terms ending June 30,2003; one member to a term ending June 30, 2004; and one member to a term of office ending June 30,2005. The members serving on such date shall be eligible for reappointment; and (5) A member appointed by the Governor who is a registered professional geologist or registered professional engineer. The member who is a registered professional geologist or registered professional engineer serving on July 1, 2001, shall continue to serve in such position until June 30, 2004.

_____________GEORGIA LAWS 2001 SESSION___________317
(b) The successor to each member appointed pursuant to the provisions of subsection (a) of this Code section shall be appointed for a term of three years, and the Governor shall fill any vacancy in the council, except for the member appointed by the commissioner of natural resources, with each successor appointed in the same manner as his predecessor." "(d) The council shall meet at such times and at such designated places as it may determine but shall hold at least three regular meetings each year. An affirmative vote ofa majority ofthe members present shall be necessary to transact business. Four members shall constitute a quorum."
SECTION 3. Said part is further amended by striking paragraph (5) of Code Section 12-5-124, relating to powers and duties of the State Water Well Standards Advisory Council, and inserting in lieu thereof a new paragraph (5) to read as follows:
"(5) To license water well contractors;"
SECTION 4.
Said part is further amended by striking Code Section 12-5-127, relating to licensing of water well contractors generally and application for trainee licenses, and inserting in lieu thereof a new Code Section 12-5-127 to read as follows:
"12-5-127.
(a) Any person desiring to engage in the business of water well construction in this state shall apply to the council for a license as a water well contractor. All such applications shall be made on forms provided by the division and shall be accompanied by a fee to be prescribed by the council. (b) An applicant for a license as a water well contractor shall be required to have two year's experience working in the water well construction business under a licensed water well contractor and shall be required to pass an examination administered by the council. The examination may be written, oral, or practical work, or any combination of the three. The examination shall relate to the applicant's knowledge of basic ground water, basic well construction, and the general contents of this part. (c) Satisfactory proof of two years' experience in the water well construction business shall be made by presenting certified affidavits from one or more licensed water well contractors that the applicant has had at least two years of full-time water well construction experience. If the required experience was obtained under two or more licensed water well contractors, then a certified affidavit specifying exact dates of such experience shall be required from each licensed contractor. In lieu of the method described above, an applicant may present other proof satisfactory to the council of two years' experience constructing water wells. The council may require the applicant and the water well contractors who swear to such affidavits to appear before the council to discuss the applicant's qualifications. (d) Any person wishing to engage in the water well construction business shall designate himself or at least one partner, officer, or full-time employee to fulfill

318________GENERAL ACTS AND RESOLUTIONS__________
the above requirements. Ifthe requirements are satisfactorily fulfilled, the person shall be granted a license under this part, and such license shall cover water well construction activities for which the person is responsible and so licensed. The partners, officers, and employees of the person shall be allowed to engage in the activities covered by the license if the individual who fulfilled the licensing requirements has performed or approved such activities and such approval is posted at the site of the activity on forms to be provided by the council for that purpose. Any such license shall be valid so long as the designated partner, officer, or full-time employee is associated with the licensee or until it otherwise expires. (e) The council, upon application, may issue an appropriate license to any person who holds a similar license in any state, territory, or possession of the United States, if the requirements for the license do not conflict with this part and are of a standard not less than that specified by this part and by rules and regulations promulgated under this part; provided, however, that such other state, territory, or possession grants similar reciprocity to license holders in this state. (f) Nothing in this Code section shall be construed to require the registration of a person who constructs a well on his own or leased property intended for use only in a single-family house which is his permanent residence or intended for use only for farming purposes on his farm, which well produces less than 25,000 gallons per day, so long as the waters to be produced are not intended for use by the public or in any residence other than his own. (g) The State of Georgia preempts the field of licensing water well contractors. Licenses issued by the council shall authorize bona fide holders thereof to engage in the business authorized by such licenses anywhere within the territorial limits of the state. No provision of this part shall be construed as prohibiting or preventing a municipality or county from fixing, charging, assessing, or collecting any business license fee, registration fee, tax, or gross receipt tax on any profession covered by this part or upon any related profession or anyone engaged in any related profession governed by this part.
(h)(l) Beginning July 1, 1995, the council shall be authorized to require persons seeking renewal of licenses under this Code section to complete continuing education of not more than four hours annually. The council may provide courses and shall approve such courses offered by the division, institutions of higher learning, technical colleges, and trade, technical, or professional organizations; provided, however, that continuing education courses or programs related to water well construction or standards provided or conducted by public utilities, equipment manufacturers, or institutions under the State Board of Technical and Adult Education shall constitute acceptable continuing professional education programs for the purposes ofthis subsection. Continuing education courses or programs shall be in the areas of safety, environmental protection, ground-water geology, technological advances, business management, or government regulation. Continuing education courses shall be designed for water well contractors having variable educational

____________GEORGIA LAWS 2001 SESSION__________319
backgrounds. Courses or programs conducted by manufacturers specifically to promote their products shall not be approved. (2) All provisions of this subsection relating to continuing professional education shall be administered by the council. (3) The council shall be authorized to waive the continuing education requirements in cases of hardship, disability, or illness or under such other circumstances as the council deems appropriate. (4) This Code section shall apply to each licensing and renewal cycle which begins after the 1993-1994 renewal. (i) No license shall be granted unless the council specifically authorizes the granting of such license. Staff members of the council may not issue licenses without the specific authorization of the council. (j) Any person who violates the provisions of this Code section with regard to licensing shall not be eligible to apply for or receive a license under this Code section for a period of two years after being convicted of such violation."
SECTION 5. Said part is further amended by striking subsection (a) of Code Section 12-5-129, relating to suspension and revocation of licenses, and inserting in lieu thereofa new subsection (a) to read as follows:
'(a) The council shall suspend or revoke a license upon a finding of one or more of the following grounds:
(1) Material misstatement in the application for license; (2) Willful disregard or violation of Code Section 12-5-133 or any law of the State of Georgia relating to wells, including any violation of standards or rules adopted pursuant to this part; (3) Willfully aiding or abetting another in the violation of Code Section 12-5-133 or any law of the State of Georgia relating to wells; (4) Incompetency in the performance of the work of a water well contractor; (5) Making substantial misrepresentations or false promises in connection with the occupation of a water well contractor; (6) Failure to provide and maintain on file at all times with the director a performance bond or irrevocable letter of credit as required by Code Section 12-5-135; and (7) Allowing an unlicensed driller to use or to work under such licensee's license in any way. However, this paragraph shall not apply to any employee of a licensed driller who receives only a salary or hourly wage or a bona fide business partner."
SECTION 6. Said part is further amended by striking Code Section 12-5-130, relating to expiration and renewal of licenses, in its entirety and inserting in lieu thereof a new Code Section 12-5-130 to read as follows:

320_________GENERAL ACTS AND RESOLUTIONS___________
'12-5-130.
All licenses expire biennially. All applications for renewal shall be filed with the division prior to the expiration date, accompanied by a renewal fee prescribed by the division. A license which has expired for failure to renew may be restored only after application and payment of the prescribed restoration fee. A new license to replace any license lost, destroyed, or mutilated may be issued, subject to the rules of the council and payment of a fee set by the council.'
SECTION 7. Said part is further amended by adding between Code Sections 12-5-131 and 12-5-132 a new Code Section 12-5-131.1 to read as follows:
'12-5-131.1.
(a) Nothing in this part shall prohibit a person from drilling a well on his or her own property if such property is his or her primary residence. A person is prohibited from drilling a well or wells on property he or she owns and is developing for resale unless such person has a license as a water well contractor. (b) Notwithstanding any other provisions of law, a person licensed as a water well contractor pursuant to Code Section 12-5-127 is not required to be licensed under Chapter 14 of Title 43, when in the course of constructing a water well, he or she makes certain electrical or plumbing connections or performs other electrical or plumbing work incidental to the drilling and construction of the well; provided, however, that any such electrical and plumbing work meets or exceeds all applicable local, state, or federal codes, whichever is most stringent."
SECTION 8. Said part is further amended by striking in its entirety Code Section 12-5-133, relating to penalties for violation of said part and confiscation of equipment, and inserting in lieu thereof a new Code Section 12-5-133 to read as follows:
"12-5-133.
(a) Any person who engages in or follows the business or occupation of, or advertises, holds himself or herself out, or acts, temporarily or otherwise, as a water well contractor without having first secured the required license or renewal thereof or any person who otherwise violates any provisions of this part shall be guilty of a misdemeanor and, upon conviction thereof, shall be fined not less than $100.00 and not more than $1,000.00. Each day during which such violation exists or continues shall constitute a separate offense. In addition to or in lieu of any fine imposed for acting without the required license, any person violating any provision of this part may have his or her drilling rigs and commercial vehicles confiscated in accordance with Code Section 12-5-137. (b) In order to prove a violation of this part, it shall not be necessary for a state or local enforcement official to actually observe a well being drilled by a person who does not possess a valid license as required by this part. Other evidence of a violation of this part, including, but not limited to, bills, invoices, photographs, proposals, or any form of advertising, may be sufficient for a conviction."

____________GEORGIA LAWS 2001 SESSION__________321
SECTION 9. Said part is farther amended by adding between Code Section 12-5-133 and 12-5-134 a new Code Section 12-5-133.1 to read as follows:
'12-5-133.1.
(a) In addition to the provisions of Code Section 12-5-133, any person violating any provision of this part or the rules or regulations effective under this part shall be liable for a civil penalty not to exceed $5,000.00 per day. Each day during which the violation or failure or refusal to comply continues shall be a separate violation. (b) Whenever the director has reason to believe that any person has violated any provision of this part or any rule or regulation effective under this part, he or she may upon written request cause a hearing to be conducted before a hearing officer appointed by the board. Upon finding that such person has violated any provision of this part or any rule or regulation effective under this part, the hearing officer shall issue his or her decision imposing civil penalties as provided in this Code section. Such hearing and any administrative or judicial review thereof shall be conducted in accordance with subsection (c) of Code Section 12-2-2. (c) In rendering a decision under this Code section imposing civil penalties, the hearing officer shall consider all factors which are relevant, including, but not limited to, the following:
(1) The amount of civil penalty necessary to ensure immediate and continued compliance and the extent to which the violator may have profited by failing or delaying to comply; (2) The character and degree of impact ofthe violation or failure on the natural resources of the state, especially any rare or unique natural phenomena; (3) The conduct ofthe person incurring the civil penalty in promptly taking all feasible steps or procedures necessary or appropriate to comply with this part or to correct the violation or failure; (4) Any prior violations of or failures by such person to comply with statutes, rules, regulations, or orders administered, adopted, or issued by the director or the council; (5) The character and degree of injury to or interference with public health or safety which is caused or threatened to be caused by such violation or failure; and (6) The character and degree of injury to or interference with reasonable use of property which is caused or threatened to be caused by such violation or failure."
SECTION 10. Said part is further amended by striking subparagraph (1)(L) of Code Section 12-5-134, relating to standards for wells and boreholes, and inserting in lieu thereof a new subparagraph (1)(L) to read as follows:
"(L) The drilling contractor shall maintain in his office and shall furnish the owner a copy of the well construction data within 30 days of the well

322_________GENERAL ACTS AND RESOLUTIONS___________
completion. The data shall include: name of the owner of the well, location of the well, size of pump installed if pump is installed by the drilling contractor, total depth ofwell, borehole diameter, casing depth, size and type of casing material, grouting information, static water level, pumping water level and yield if test pumped, confirmation of well disinfection and description ofmethod used for disinfection, dates ofwell construction, name and address and state certificate number of pump installer if the contractor does not install the pump, name and address of contractor, and water well contractor's license number. Any estimate of gallons per minute of water that the well is expected to produce shall not be considered under any circumstances to be a guarantee of the quantity of the water produced by the well. The failure of any water well contractor to provide any of such written information shall not subject such contractor to any penalty by the council;"
SECTION 11. Said part is further amended by striking subsections (b) and (0 of Code Section 12-5-135, relating to the requirement of a bond or letter of credit, in their entirety and inserting in lieu thereof new subsections (b) and (f) to read as follows:
'(b) The bond or letter of credit required in subsection (a) of this Code section shall be:
(1) Conditioned upon faithful compliance with the conditions and terms of this part; and (2) In such amount as determined by the director to ensure compliance with the procedures and standards contained in this part, but in any event not to exceed $75,000.00.' '(f) If a business has more than one water well contractor, that business, in lieu of obtaining bonds or irrevocable letters of credit for each individual licensee, may substitute a blanket bond or blanket irrevocable letter of credit for all water well contractors within that business. The blanket bond or blanket irrevocable letter of credit shall be payable to the director in an amount not to exceed $75,000.00."
SECTION 12. Said part is further amended by adding, following Code Section 12-5-137, a new Code Section 12-5-138 to read as follows:
"12-5-138.
The Board of Natural Resources is authorized and directed to establish rules and regulations to provide for the certification of persons who install pumps on or in water wells regulated under the provisions of subsection (b) of Code Section 12-5-133. The Board ofNatural Resources is authorized to establish fees and the director is authorized to charge such fees for such certification and the annual renewal thereof; provided, however, that the fee for the pump installer shall not exceed the fee for the licensed water well contractor. The director may require any person to meet certain qualifications in order to be eligible for certification as a pump installer. The director may provide that persons who can document

____________GEORGIA LAWS 2001 SESSION__________323
that they have been in the business of installing pumps and pumping equipment prior to July 1, 2001, may be granted a certification by paying the appropriate fees but without any requirement to pass any type of test."
SECTION 13. All laws and parts of laws in conflict with this Act are repealed.
Approved April 19,2001.
GAME AND FISH - SEAFOOD; HORSESHOE CRABS.
Code Sections 27-1-2 and 27-4-172 Amended.
No. 184 (House Bill No. 172).
AN ACT
To amend Title 27 of the Official Code of Georgia Annotated, the "Game and Fish Code," so as to define a certain term; to provide for the opening and closing of the waters of the state to the taking of horseshoe crabs for bait; to limit the taking of horseshoe crabs for bait to persons who possess a valid personal commercial fishing license; to prohibit the taking and possession of more than 25 horseshoe crabs; to provide for interstate transport of horseshoe crabs; to provide for the taking and possession of horseshoe crabs for medical purposes pursuant to a permit issued by the Department of Natural Resources; to provide for exceptions; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Title 27 of the Official Code of Georgia Annotated, the "Game and Fish Code," is amended by striking paragraph (63) of Code Section 27-1 -2, relating to definitions relative to general provisions relative to game and fish, and inserting in lieu thereof the following:
"(63) 'Seafood' means marine and estuarine fauna or flora used as food or of a kind suitable for food and specifically includes, but is not limited to, shrimp taken for bait and horseshoe crabs taken for bait."
SECTION 2. Said title is further amended by inserting immediately following Code Section 27-4-171 a new Code section to read as follows:

324_________GENERAL ACTS AND RESOLUTIONS___________
'27-4-172. (a) All salt waters of this state are closed to the taking of horseshoe crabs for bait except during those times when the salt waters or portions thereof are opened to the taking of shrimp, whelk, or blue crab by trawling pursuant to Code Section 27-4-133. (b) It shall be unlawful for any person to engage in the taking of horseshoe crabs to be sold or used for bait or to engage in the sale of horseshoe crabs for bait unless the person possesses a valid personal commercial fishing license as provided in Code Section 27-2-23. (c) It shall be unlawful for any person taking horseshoe crabs pursuant to this Code section to take or possess more than 25 horseshoe crabs at any one time or for there to be on board the boat used for the taking more than 75 horseshoe crabs at any one time, whichever is less; provided, however, that the taking or catching of horseshoe crabs incidentally during legal fishing operations of other marine species shall not be a violation of this Code section if the horseshoe crabs so taken in excess of the limits set forth in this Code section are immediately returned to the water from which they were taken without being intentionally or negligently harmed by the taker or the equipment being used. (d) This Code section shall not prohibit the taking or possession of horseshoe crabs for the purpose of collecting horseshoe crab blood for the production of amebocyte lysate or other approved medical uses, so long as the taker and possessor have permits issued by the Department of Natural Resources authorizing such taking or possession and the horseshoe crabs are handled so as to minimize injury to the horseshoe crabs. Horseshoe crabs may be taken and possessed pursuant to a medical takings permit without regard to the possession limit set forth in subsection (c) of this Code section or whether or not the salt waters from which they are taken are open or closed for the taking of horseshoe crabs for bait. Horseshoe crabs taken and possessed pursuant to a medical takings permit must be returned unharmed to state waters of comparable salinity and water quality as soon as is feasible after collection of their blood. (e) This Code section shall not prohibit the interstate import of horseshoe crabs provided that a bona fide bill of lading accompanies such horseshoe crabs as proof that such horseshoe crabs were not taken or transported in violation of this Code section or the laws of the jurisdiction from which the horseshoe crabs originated."
SECTION 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 4. All laws and parts of laws in conflict with this Act are repealed.
Approved April 19,2001.

____________GEORGIA LAWS 2001 SESSION__________325

GAME AND FISH - SEAFOOD; TARPON; ATLANTIC BILLFISH.

Code Section 27-4-130.1 Amended. Code Section 27-4-130.2 Enacted.

No. 185 (House Bill No. 173).

AN ACT

To amend Part 1 of Article 4 of Chapter 4 of Title 27, relating to general provisions relative to seafood, so as to change the minimum size allowable for possession of tarpon; to define a certain term; to prohibit the taking of Atlantic bill fish; to provide an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Part 1 of Article 4 of Chapter 4 of Title 27, relating to general provisions relative to seafood, is amended by striking subsection (b) of Code Section 27-4-130.1, relating to open seasons, creel and possession limits, and minimum size limits for certain finfish species, and inserting in lieu thereof the following:
'(b) The board shall establish open seasons and creel and possession limits within the maximums specified in this subsection and shall establish minimum sizes within the range specified in this subsection; provided, however, that it shall be unlawful to have in ones possession or take from the salt waters of this state any red drum in excess of 27 inches in total length. After October 1,1989, it shall be unlawful to take the following salt-water finfish species at any time except during the open seasons so established for such species or to take or possess the following salt-water finfish species except in accordance with the creel and possession limits and minimum sizes so established for such species:

Maximum Open Season

Maximum Daily
Creel and Possession
Limit

Range of Minimum
Sizes

(1) Spanish mackerel

Mar. 16 - Nov. 30 40 10-18 inches

(2) King mackerel

All year

15 15-35 inches

(3) Cobia

Mar. 16-Nov. 30 10 20-40 inches

(4) Red snapper

All year

20 12-20 inches

326

GENERAL ACTS AND RESOLUTIONS

(5) Gag grouper (6) Amberjack (7) Black sea bass (8) Bluefish (9) Sheepshead (10) Reserved (11) Reserved (12) Reserved (13) Tarpon (14) Atlantic sturgeon (15) Red drum (16) Dolphin (17) Sand tiger shark (18) Small sharks composite (Atlantic sharpnose, bonnethead, and spiny dogfish) (19) Sharks (20) Redporgy

All year Mar. 16 -Dec. 31 All year Mar. 16 -Nov. 30 All year
Mar. 16 -Nov. 30 Jan. 1 -June 30 All year All year No open season All year
All year All year

20 12 - 36 inches 10 20 - 50 inches 35 8 - 15 inches 25 12 - 20 inches 50 8 - 16 inches

5 65 - 90 inches

5 24 - 86 inches

25

14 inches

15 12 - 24 inches 1 87-- 140 inches

4 30 - 54 inches

2 48- 120 inches 10 12 - 28 inches"

SECTION 2. Said part is further amended by inserting immediately following Code Section 27-4-130.1 a new Code section to read as follows:
"27-4-130.2.
(a) As used in this Code section, the term 'Atlantic billfish' means Atlantic blue marlin and Atlantic white marlin harvested from all waters ofthe Atlantic Ocean, including without limitation the Gulf of Mexico and the Caribbean Sea, and Atlantic sailfish harvested from the waters of the North and South Atlantic Oceans, including without limitation the Gulf of Mexico and the Caribbean Sea, west of 30 degrees west longitude.

____________GEORGIA LAWS 2001 SESSION__________327
(b) It is unlawful for a person to have in his or her possession any Atlantic billfish or to take from the waters of the state any Atlantic billfish except for the catch and release of such fish into the waters from which they were taken.'
SECTION 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 4. All laws and parts of laws in conflict with this Act are repealed.
Approved April 19,2001.
STATE GOVERNMENT - OPEN RECORDS; SCHOOL EMPLOYEE INFORMATION EXEMPTED.
Code Section 50-18-72 Amended.
No. 186 (House Bill No. 65).
AN ACT
To amend Code Section 50-18-72 of the Official Code of Georgia Annotated, relating to when public disclosure of records shall not be required under Article 4 of Chapter 18 of Title 50, so as to provide that disclosure is not required for records containing certain personal information about public school teachers and employees; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Code Section 50-18-72 ofthe Official Code ofGeorgia Annotated, relating to when public disclosure shall not be required under Article 4 of Chapter 18 of Title 50, is amended by adding a new paragraph immediately following paragraph (13) of subsection (a), to be designated paragraph (13.1), to read as follows:
"(13.1) Records that reveal the home address, the home telephone number, or the social security number of or insurance or medical information about teachers and employees ofa public school. For the purposes ofthis paragraph, the term 'public school' means any school which is conducted within this state and which is under the authority and supervision of a duly elected county or independent board of education.'

328_________GENERAL ACTS AND RESOLUTIONS_________
SECTION 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.
Approved April 19,2001.
EDUCATION - GEORGIA PUBLIC TELECOMMUNICATIONS COMMISSION.
Code Sections 20-13-2 and 20-13-3 Amended.
No. 187 (House Bill No. 200).
AN ACT
To amend Chapter 13 of Title 20 of the Official Code of Georgia Annotated, relating to the Georgia Public Telecommunications Commission, so as to change the provisions relating to the establishment of the Georgia Public Telecommunications Commission; to change the composition of the Georgia Public Telecommunications 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. Chapter 13 of Title 20 of the Official Code of Georgia Annotated, relating to the Georgia Public Telecommunications Commission, is amended by striking Code Section 20-13-2, relating to the composition of the Georgia Public Telecommunications Commission, and inserting in its place a new Code Section 20-13-2 to read as follows:
'20-13-2. (a) The commission shall be composed of nine members, who shall be appointed by the Governor from the general public. No person may serve on the commission who is also an official, officer, or employee of the state or any of its agencies or instrumentalities or an official, officer, employee, or representative of any public school system. (b) The term of office for members shall be four years, except for those members whose initial terms begin on July 1, 2001, which terms shall expire on June 30, 2002. Thereafter, their successors shall serve for terms of four years and until a successor is appointed and qualified.

_____________GEORGIA LAWS 2001 SESSION___________329
(c) The commission shall elect one of its members as chairperson. (d) Vacancies which occur in the membership of the commission shall be filled by the Governor."
SECTION 2. Said chapter is further amended by striking Code Section 20-13-3, relating to remuneration for commission members, and inserting in its place a new Code Section 20-13-3 to read as follows:
"20-13-3. The members of the commission shall receive for each day of service expended as a member of the commission the per diem and expense allowances authorized for members of other state boards and commissions, as provided by Code Section 45-7-21."
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.
Approved April 19,2001.
PROFESSIONS AND BUSINESSES - DENTISTS; SPECIAL LICENSES FOR CERTAIN RETIREES.
Code Section 43-11-52 Enacted.
No. 188 (House Bill No. 241).
AN ACT
To amend Article 2 of Chapter 11 of Title 43 of the Official Code of Georgia Annotated, relating to licenses for the practice of dentistry, so as to provide for special licensing of certain retired and other dentists; to provide for a short title; 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. Article 2 of Chapter 11 of Title 43 of the Official Code of Georgia Annotated, relating to licenses for the practice of dentistry, is amended by adding at the end a new Code section to read as follows:

330_________GENERAL ACTS AND RESOLUTIONS________
"43-11-52. (a) This Code section shall be known and may be cited as the 'Georgia Volunteers in Dentistry Act.' (b) Notwithstanding any other provision of law, the board may issue a special license to qualifying dentists under the terms and conditions set forth in this Code section. The special license may only be issued to a person who is retired from the practice of dentistry 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 dentistry in this state. (c) The special licensee shall be permitted to practice dentistry 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 dentistry services only to indigent patients in areas which are underserved by dentists or critical need population areas of the state, as determined by the board. (d) The person applying for the special license under this Code section shall submit to the board a notarized statement from the employing agency, institution, corporation, or association on a form prescribed by the board, whereby he or she agrees unequivocally not to receive compensation for any dentistry services he or she may render while in possession of the special license. (e) The examination by the board, any application fees, and all licensure and renewal fees may be waived for the holder of the special license under this Code section. (f) If, at the time application is made for the special license, the dentist is not in compliance with the continuing education requirements established by the board for dentists in this state, the dentist may be issued a nonrenewable temporary license to practice for six months provided the applicant is otherwise qualified for such license. (g) The liability of persons practicing dentistry 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 51-1-29.1. (h) This Code section, being in derogation of the common law, shall be strictly construed."
SECTION 2. This Act shall be automatically repealed July 1, 2004, 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 April 19,2001.

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STATE GOVERNMENT - OPEN RECORDS; EXEMPTION FOR CERTAIN PERSONAL INFORMATION.
Code Section 50-18-72 Amended.
No. 189 (Senate Bill No. 205).
AN ACT
To amend Code Section 50-18-72 of the Official Code of Georgia Annotated, relating to when public disclosure shall not be required under Article 4 of Chapter 18 of Title 50, so as to exempt disclosure of certain personal information in all records; to provide for certain access to such personal information for certain purposes; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Code Section 50-18-72 of the Official Code of Georgia Annotated, relating to when public disclosure shall not be required under Article 4 of Chapter 18 of Title 50, is amended by adding after paragraph (11.2) of subsection (a) a new paragraph to read as follows:
"(11.3)(A) An individual's social security number, mother's birth name, credit card information, debit card information, bank account information, financial data or information, and insurance or medical information in all records, and if technically feasible at reasonable cost, day and month of birth, which shall be redacted prior to disclosure of any record requested pursuant to this article; provided, however, that such information shall not be redacted from such records if the person or entity requesting such records requests such information in a writing signed under oath by such person or a person legally authorized to represent such entity which states that such person or entity is gathering information as a representative of a news media organization for use in connection with news gathering and reporting; and provided, further, that such access shall be limited to social security numbers and day and month of birth; and provided, further, that this news media organization exception for access to social security numbers and day and month of birth and the other protected information set forth in this subparagraph shall not apply to teachers and employees of a public school.
(B) This paragraph shall have no application to: (i) The disclosure of information contained in the records or papers of any court or derived therefrom including without limitation records maintained pursuant to Article 9 of Title 11;

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(ii) The disclosure of information to a court, prosecutor, or publicly employed law enforcement officer, or authorized agent thereof, seeking records in an official capacity; (iii) The disclosure of information to a public employee of this state, its political subdivisions, or the United States who is obtaining such information for administrative purposes, in which case, subject to applicable laws of the United States, further access to such information shall continue to be subject to the provisions of this paragraph; (iv) The disclosure of information as authorized by the order of a court of competent jurisdiction upon good cause shown to have access to any or all of such information upon such conditions as may be set forth in such order; (v) The disclosure of information to the individual in respect of whom such information is maintained, with the authorization thereof, or to an authorized agent thereof; provided, however, that the agency maintaining such information shall require proper identification of such individual or such individual's agent, or proof of authorization, as determined by such agency; (vi) The disclosure of the day and month of birth and mother's birth name of a deceased individual; (vii) The disclosure by an agency of credit or payment information in connection with a request by a consumer reporting agency as that term is defined under the federal Fair Credit Reporting Act (15 U.S.C. 1681 et seq.); (viii) The disclosure by an agency of information in its records in connection with the agency's discharging or fulfilling of its duties and responsibilities, including, but not limited to, the collection of debts owed to the agency or individuals or entities whom the agency assists in the collection of debts owed to the individual or entity; or (ix) The disclosure of information necessary to comply with legal or regulatory requirements or for legitimate law enforcement purposes. (C) Records and information disseminated pursuant to this paragraph may be used only by the authorized recipient and only for the authorized purpose. Any person who obtains records or information pursuant to the provisions of this paragraph and knowingly and willfully discloses, distributes, or sells such records or information to an unauthorized recipient or for an unauthorized purpose shall be guilty of a misdemeanor of a high and aggravated nature and upon conviction thereof shall be punished as provided in Code Section 17-10-4. Any person injured thereby shall have a cause of action for invasion of privacy. Any prosecution pursuant to this paragraph shall be in accordance with the procedure in subsection (b) of Code Section 50-18-74. (D) In the event that the custodian of public records protected by this paragraph has good faith reason to believe that a pending request for such records has been made fraudulently, under false pretenses, or by means of

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false swearing, such custodian shall apply to the superior court ofthe county in which such records are maintained for a protective order limiting or prohibiting access to such records. (E) This paragraph shall supplement and shall not supplant, overrule, replace, or otherwise modify or supersede any provision of statute, regulation, or law of the federal government or of this state as now or hereafter amended or enacted requiring, restricting, or prohibiting access to the information identified in subparagraph (A) of this paragraph and shall constitute only a regulation of the methods of such access where not otherwise provided for, restricted, or prohibited."
SECTION 2. All laws and pans of laws in conflict with this Act are repealed.
Approved April 19,2001.
PUBLIC OFFICERS AND EMPLOYEES - STATE AUDITOR; BUDGET DIRECTOR; REVENUE SHORTFALL RESERVE.
Code Section 45-12-93 Amended.
No. 190 (House Bill No. 601).
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 and use 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 5 percent, as directed by the director ofthe budget, ofthe 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; provided, however, that the director of

334________GENERAL ACTS AND RESOLUTIONS__________
the budget may, with regard to all or any part of the fourth and fifth percentile so reserved, direct the return of the same to the general fund of the state treasury for appropriation according to law.'
SECTION 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.
Approved April 19,2001.
DOROTHY FELTON INTERCHANGE - DESIGNATED.
No. 5 (Senate Resolution No. 58).
A RESOLUTION
Designating the Dorothy Felton Interchange; and for other purposes.
WHEREAS, Honorable Dorothy Felton represented Sandy Springs with integrity in the Georgia House of Representatives for 25 years; and
WHEREAS, she was the first woman in either the Democratic or Republican Caucus to serve as an officer and she chaired the Republican Caucus for four years; and
WHEREAS, local governmental affairs are a major interest to her and she sponsored the change to an elected school board with an appointed superintendent for Fulton County; and
WHEREAS, she served on the powerful House Appropriations Committee, the Rules Committee, and the Ways and Means Committee, and she actively supported citizen participation and the openness of state government; and
WHEREAS, her special talents, determination, and legislative experience were nationally recognized and she was selected as one of the ten Outstanding Legislators in the United States by the National Republican Legislative Association and served on the 33 member Board of Directors of the National Conference of State Legislatures; and

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WHEREAS, it is only fitting and proper that Honorable Dorothy Felton be recognized for her exemplary record of public service to the citizens of this state.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the intersection of Roswell Road and Interstate 285 and the bridge over the interstate at such location are designated the Dorothy Felton Interchange.
BE IT FURTHER RESOLVED that the Department of Transportation is authorized and directed to erect and maintain appropriate signs designating such interchange.
BE IT FURTHER RESOLVED that the Secretary of the Senate is authorized and directed to transmit appropriate copies of this resolution to Honorable Dorothy Felton and the Department of Transportation.
Approved April 19,2001.
DEPARTMENT OF COMMUNITY HEALTH - ADOPTION OF REIMBURSEMENT METHODOLOGIES FOR NURSING FACILITIES URGED.
No. 6 (House Resolution No. 275).
A RESOLUTION
To urge that the Department of Community Health adopt certain reimbursement methodologies for nursing facilities; and for other purposes.
WHEREAS, nursing facilities strive to provide residents with care to meet their needs; and
WHEREAS, a recent federal study has determined that the care provided to nursing facility residents in more than half of the facilities across the nation falls below a bare minimum number of hours required to care for such residents; and
WHEREAS, the nursing facility industry has acknowledged the critical shortage of dedicated, trained care givers; and
WHEREAS, nursing facilities in Georgia have acknowledged difficulty in hiring and keeping enough direct care staff to care for their residents; and
WHEREAS, providing quality care for nursing facility residents is a complex issue that has many facets; and

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WHEREAS, one of the important facets is providing adequate reimbursement to nursing facilities to encourage staffing at levels and hours that adequately meet the needs of the residents; and
WHEREAS, the vast majority of nursing facility residents pay for their care with some government assistance; and
WHEREAS, providing adequate staff to provide quality care for such residents requires reimbursement from government agencies and private providers at a level that adequately pays for such care and has some relationship to the amount of care provided; and
WHEREAS, the Department of Community Health is responsible for the reimbursement methodology for nursing facilities receiving Medicaid funds; and
WHEREAS, the Department of Community Health is proposing a new method for using facility reimbursement; and
WHEREAS, in the development of such a reimbursement methodology, the Department of Community Health has the flexibility to include incentives to nursing facilities to promote appropriate levels of adequately trained staff to meet the needs of each resident; and
WHEREAS, providing financial incentives to nursing facilities to recruit, train, and retain staff and to implement innovative methods of management and service delivery is a first step in addressing the problem.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY that, in order to provide quality care for residents, the Department of Community Health is urged, as part of its reimbursement methodology, to provide to nursing facilities up-front incentives and, where appropriate, pass-throughs to increase the number of staff above the current minimum requirements.
AND BE IT FURTHER RESOLVED, that the Department of Community Health is urged to provide incentives to assist such facilities to recruit, train, and retain appropriate direct care staff by the use of, among other inducements, enhancements to wages and benefits, and to provide grants to such facilities to institute the Wellspring model, the Eden alternative, or other such innovative models of management and service delivery as the department shall approve.
AND BE IT FURTHER RESOLVED, that the Department of Community Health shall assure that any funds provided through these incentives are utilized exclusively for recruitment, training, and retention of direct care staff and shall measure the outcomes of these incentives including direct care staff recruitment, training and retention, and resident health outcomes.

_____________GEORGIA LAWS 2001 SESSION___________337
AND 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 Mr. Russ Toal, the Commissioner of the Department of Community Health.
Approved April 19,2001.
J. DONALD KILGORE STATE CRIME LAB - DESIGNATED.
No. 7 (House Resolution No. 9).
A RESOLUTION
Expressing regret at the passing of J. Donald Kilgore and providing for the designation of the "J. Donald Kilgore State Crime Lab"; and for other purposes.
WHEREAS, on July 27, 2000, the State of Georgia lost one of its finest and most distinguished citizens with the untimely passing of J. Donald Kilgore; and
WHEREAS, he was an honest and dedicated public servant who strived for excellence in all his endeavors and whose primary concern was the welfare and safety of the citizens of this state; and
WHEREAS, this beloved individual exhibited extraordinary devotion to duty, outstanding loyalty, fine leadership, and meticulous attention to detail in all his duties throughout his career of public service as coroner of Muscogee County for over 23 years; and
WHEREAS, he was a member of Wynnbrook Baptist Church; a member of Masonic Lodge No. 706; past president of Columbus Sertoma Club; life member of Sertoma International; vice president of Mental Health Board; campaign director of March of Dimes; chairman and campaign director of Heart Fund; secretary of Medical Center Board of Commissioners; member of Columbus Chamber of Commerce; winner of the Jaycee Key Man Award; vice president of the Columbus Jaycees; member of the City Tax Board from 1968-1970; chairman of Tax Appeals Board in 1971; head linesman for the Columbus Football Officials Association; and founder and charter member of the Columbus Civic Club; 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 and state earned him the respect and admiration of his colleagues and associates; and

338________GENERAL ACTS AND RESOLUTIONS_________
WHEREAS, the untimely passing of this generous, kind, and devoted family man leaves an unfillable void in the hearts and lives of his family and friends.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the members ofthis body express their deepest regret at the passing of J. Donald Kilgore and extend to his family their sincere appreciation for his outstanding public service.
BE IT FURTHER RESOLVED that the Georgia Bureau of Investigation is authorized and directed to designate the state crime lab of the Division of Forensic Sciences of the Georgia Bureau of Investigation as the J. Donald Kilgore State Crime Lab and to erect and maintain an appropriate marker at the building for such purpose.
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 J. Donald Kilgore.
Approved April 19,2001.
M. MERRILL JOHNSON, SR., HIGHWAY - DESIGNATED.
No. 8 (House Resolution No. 144).
A RESOLUTION
Designating the M. Merrill Johnson, Sr., Highway; and for other purposes.
WHEREAS, Honorable Marion Merrill Johnson, Sr., had a distinguished career of service to the people of Georgia and was a dedicated citizen of Jenkins County where he is remembered as an influential civic and community leader; and
WHEREAS, he was elected to the Georgia House of Representatives where he served with honor and integrity for four consecutive terms, 1955-1956,1957-1958, 1959-1960, and 1961-1962; and
WHEREAS, in recognition of his exemplary public service and his contributions to his community of Millen, Georgia, and Jenkins County, it is only fitting and proper that the State of Georgia perpetuate his name in an appropriate fashion.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that State Route 23 North from the Millen city limits to the Burke County line be designated the M. Merrill Johnson, Sr., Highway.

____________GEORGIA LAWS 2001 SESSION__________339
BE IT FURTHER RESOLVED that the Department ofTransportation is authorized and directed to place and maintain appropriate markers designating the M. Merrill Johnson, Sr., 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 commissioner of transportation and to the family of Honorable Marion Merrill Johnson, Sr.
Approved April 19,2001.
WALTER W. HARRISON HIGHWAY - DESIGNATED.
No. 9 (House Resolution No. 145).
A RESOLUTION
Designating the Walter W. Harrison Highway; and for other purposes.
WHEREAS, Honorable Walter Wade Harrison had a distinguished career ofservice to the people of Georgia and was a dedicated citizen of Jenkins County where he is remembered as an influential civic and community leader; and
WHEREAS, he was elected to the Georgia House of Representatives where he served with honor and integrity beginning in 1931 and also serving 1939-1940, 1941-1942, 1945-1946, 1947-1948, and 1953-1954; and during this period he served four terms in the Georgia Senate beginning in 1937-1938 and also serving there 1943-1944, 1949-1950, and 1955-1956; and
WHEREAS, in recognition of his exemplary public service and his contributions to his community of Millen, Georgia, and Jenkins County, it is only fitting and proper that the State of Georgia perpetuate his name in an appropriate fashion.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the Millen By-Pass from the U.S. Highway 25 North Intersection to the Screven County line (including that portion of State Route 21) be designated the Walter W. Harrison Highway.
BE IT FURTHER RESOLVED that the Department ofTransportation is authorized and directed to place and maintain appropriate markers designating the Walter W. Harrison 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 commissioner oftransportation and to the family of Honorable Walter W. Harrison.
Approved April 19,2001.
BLUE STAR MEMORIAL HIGHWAY - S.R. 47 IN LINCOLNTON DESIGNATED AS A PORTION.
No. 10 (House Resolution No. 181).
A RESOLUTION
Designating that portion of State Route 47 within the corporate limits of Lincolnton as a Blue Star Memorial Highway; and for other purposes.
WHEREAS, after World War II, a nation-wide movement was started to pay tribute to the nation's armed forces by designating various state and national routes as "Blue Star Memorial Highways"; and
WHEREAS, in 1945, the National Council of State Garden Clubs, Inc., approved the Blue Star Memorial Highway Marker program; and
WHEREAS, this nation-wide living memorial program is designed to extend a ribbon of dedicated highways across the country in every state; and
WHEREAS, this program anticipates that upon sponsorship of a highway for such memorialization by a local Garden Club and official state designation of such highway as a Blue Star Memorial Highway, the sponsoring Garden Club will erect and maintain appropriate signs so memorializing the highway;
WHEREAS, the Pine Needle Garden Club desires to sponsor that portion of State Route 47 within the corporate limits of Lincolnton as a Blue Star Memorial Highway; and
WHEREAS, it is fitting and proper that the highway be so designated to pay tribute to the nation's armed forces.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY that the portion of State Route 47 within the corporate limits of Lincolnton is designated as a Blue Star Memorial Highway, and the Department of Transportation is authorized and directed to permit the Pine Needle Garden Club to erect and maintain appropriate signs so memorializing 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 Department of Transportation and the Pine Needle Garden Club.
Approved April 19, 2001.
EARL T. SHINHOSTER BRIDGE - DESIGNATED.
No. 11 (House Resolution No. 182).
A RESOLUTION
Designating the Earl T. Shinhoster Bridge; and for other purposes.
WHEREAS, Earl T. Shinhoster had a distinguished career of service to the people of Georgia where he lived much of his adult life, and he will long be remembered for his dedication to the cause of civil and human rights for his fellow citizens and people around the world; and
WHEREAS, he was a graduate of Morehouse College and received his law degree from Cleveland State University, and he joined Georgia state government in the administration of Governor George Busbee as Director ofthe Governor's Office of Human Affairs; and
WHEREAS, he was the Southeast Regional Director of the National Association for the Advancement of Colored People from 1978 through 1994 and was Acting Executive Director and ChiefExecutive Officer for the National Board ofDirectors in 1996; he served as interim Director of Voting Rights Programs for the Southern Regional Council from April, 1997, to February, 1998; and he directed a management consulting firm specializing in community economic development, international trade, and public affairs and was a much sought after consultant, speaker, and international election monitor; and
WHEREAS, in recognition and tribute to the exemplary public service of Earl T. Shinhoster, it is most fitting that the State of Georgia perpetuate his name in an appropriate fashion.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the bridge over Interstate 20 on SR 155 known as Columbia Drive in DeKalb County, Georgia, is designated as the Earl T. Shinhoster Bridge.

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BE IT FURTHER RESOLVED that the Department of Transportation is authorized and directed to place and maintain appropriate markers designating the Earl T. Shinhoster 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 commissioner of transportation and to the family of Earl T. Shinhoster.
Approved April 19,2001.
DENNIS FULTON DOUGLASS HIGHWAY - DESIGNATED.
No. 12 (House Resolution No. 185).
A RESOLUTION
Designating a portion of State Highway 26 lying within the city limits of the City of Montezuma as "Dennis Fulton Douglass Highway"; and for other purposes.
WHEREAS, Dennis Fulton Douglass was born on February 1, 1860, in Augusta, Georgia, to parents who were slaves and attended Hampton Normal and Agricultural Institute in Hampton, Virginia, and Winsted College in Winsted, Connecticut, supporting himself by working at odd jobs; and
WHEREAS, upon completion of his education, he elected to return to the South to work for the betterment of his people and began teaching at Schofield Normal School in Aiken, South Carolina. He later taught at Central College in Macon, Georgia, and was the principal of schools in Hawkinsville, Georgia, and Jeffersonville, Georgia; and
WHEREAS, he saw the value of the published word and began a lifetime avocation in publishing working with a newspaper in Augusta, Georgia. While teaching at Central College, he also managed the college's printing concern and, at various times in his life, was the editor of the Journal of Progress, The People's Defense. and The Baptist Truth: and
WHEREAS, he went to Montezuma, Georgia, in 1906 as principal of the Montezuma Public School at a time of turmoil for the school. He worked diligently for the improvement of the school and quickly took it from an ungraded, two classroom school to a graded school with four classrooms. He expanded the curriculum to include agriculture and home economics. Though the school had but seven grades, its graduates who went on to high school were admitted into the ninth grade; and

____________GEORGIA LAWS 2001 SESSION__________343
WHEREAS, during his lifetime, the education of his race was generally thought unnecessary and was frequently discouraged by the white leadership. However, he persisted steadfastly in his endeavors. Everything was done with the barest of resources. He argued forcefully for his causes, maintained a life of personal dignity, and lived a life of such example that he won the respect and cooperation of all. He was a man before his time, an advocate of civil rights through nonviolent intervention; and
WHEREAS, he espoused the belief that the betterment of his race was best achieved by improving the individual, self-help, and religion. He consistently preached and lived as an example of these principles. He was active in his church as a writer, editor, and Sunday school teacher. He had a large truck garden which he used to demonstrate principles of agriculture and the value of self-help. He placed great emphasis upon ethics, good manners, cleanliness, and the use ofproper English; and
WHEREAS, he died on March 13, 1929, leaving a legacy of aspiration, accomplishment, and example, a friend to all and greatly loved by the community. His greatest achievement came after his death when his students and others who followed his principles peacefully forged Montezuma into a city where all are respected and there is opportunity for all to succeed; and
WHEREAS, it is fitting and proper to recognize and memorialize the achievements of Dennis Fulton Douglass.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the members of this body recognize the achievements and work of Dennis Fulton Douglass and designate the portion of State Highway 26 from the eastern city limits of the City of Montezuma to the western city limits as the "Dennis Fulton Douglass Highway."
BE IT FURTHER RESOLVED thatthe Department ofTransportation is authorized and directed to erect and maintain appropriate signs so designating 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 Dennis Fulton Douglass.
Approved April 19,2001.

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HUGH J. THOMAS BRIDGE - DESIGNATED.
No. 13 (House Resolution No. 270).
A RESOLUTION
Designating the Hugh J. Thomas Bridge; and for other purposes.
WHEREAS, Hugh John Thomas had a distinguished career of service to the people of Georgia and was a dedicated citizen of Tift County where he is remembered as an influential civic and community leader; and
WHEREAS, he served with honor and integrity in the United States Army Air Corps, beginning in 1941 to 1946, and in the Georgia Civil Air Patrol, from 1962 to 1981, flying many search and rescue missions and assisting in the rescue of downed pilots throughout Georgia and North Florida; and
WHEREAS, in recognition and tribute to the exemplary public service of Hugh J. Thomas and his contributions to his community of Tifton, Georgia, and Tift County, it is most fitting that the State of Georgia perpetuate his name in an appropriate fashion.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the bridge over Interstate 75 at Brighton Road in Tifton, Georgia, is designated as the Hugh J. Thomas Bridge.
BE IT FURTHER RESOLVED that the Department ofTransportation is authorized and directed to place and maintain appropriate markers designating the Hugh J. Thomas 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 commissioner of transportation and to the family of Hugh J. Thomas.
Approved April 19, 2001.
JUDGE C. MICHAEL ROACH INTERCHANGE - DESIGNATED.
No. 14 (House Resolution No. 271).
A RESOLUTION
Designating the Judge C. Michael Roach Interchange; and for other purposes.

_____________GEORGIA LAWS 2001 SESSION___________345
WHEREAS, Judge C. Michael Roach was well known and highly respected by the citizens of Canton, Georgia, and Cherokee County where this native son had been a dedicated leader in various religious, social, and political organizations in the community; and
WHEREAS, his parents, Louise Bell and Charles H. Roach, were both natives of Cherokee County, and he was born in Canton on March 17, 1948, and would eventually establish his law practice and raise his family in the majesty of Georgia's Blue Ridge Mountains; and
WHEREAS, he married Wanda Peterson Roach from Tucker, Georgia, on March 21, 1970, with whom he had two very fine children, Michael Bryan Roach and Tracy Lynn Roach; and
WHEREAS, this faithful Georgia Bulldog fan graduated from the University of Georgia School of Law in 1974 and quickly developed a respected reputation, and he was appointed Judge of Superior Court of the Blue Ridge Judicial Circuit on July 17, 1991, where his service was marked by impeccable integrity, equity, and an abiding compassion for his fellow man; and
WHEREAS, it is most fitting that the noble efforts of this native son be properly honored and remembered by his community and state and by the future generations of Georgians.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the intersection of Georgia Highway 20 and Interstate 575 be designated the Judge C. Michael Roach Interchange.
BE IT FURTHER RESOLVED that the Department of Transportation is authorized and directed to erect and maintain appropriate signs at appropriate locations designating the interchange.
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 Judge C. Michael Roach and to the commissioner of transportation.
Approved April 19,2001.

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HERITAGE HIGHWAY - DESIGNATED AS PART OF THE BLUE STAR MEMORIAL HIGHWAY.
No. 15 (House Resolution No. 272).-
A RESOLUTION
Designating the Heritage Highway as a part of the Blue Star Memorial Highway; and for other purposes.
WHEREAS, from the northern to the southern border of Georgia, U.S. Highway 441 is one of the few areas remaining in the United States where there are miles of scenic landscapes, historic small towns, cultural experiences, and abundant recreation facilities; and
WHEREAS, the promotion of tourism represents a readily available and effective tool with which to spur economic development; and
WHEREAS, Highway 441 travels through miles of scenic Georgia, containing several beautiful mountain lakes and numerous sparkling streams, as well as attractive rural landscapes; an abundance of state, federal, and local recreation facilities; many historic sites; museums; mom and pop businesses; and cultural centers; and
WHEREAS, designation of this route as a historic and cultural highway will promote economic well-being through tourism.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that U.S. Highway 441 from the North Carolina state line to the Florida state line is designated Heritage Highway as a part of the Blue Star Memorial Highway.
BE IT FURTHER RESOLVED that the Department ofTransportation is authorized and directed to place appropriate signs at appropriate locations designating said highway as provided in this resolution.
BE IT FURTHER RESOLVED that all signs erected on state rights of way must meet the department's design specifications and be approved for content by the department.
BE IT FURTHER RESOLVED that the State Department of Transportation will be responsible for and fund the development of the sign plan, furnish posts and hardware, and erect route signage.

_____________GEORGIA LAWS 2001 SESSION___________347
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 commissioner of transportation.
Approved April 19,2001.
BOBBY GOLDIN HIGHWAY - DESIGNATED.
No. 16 (House Resolution No. 388).
A RESOLUTION
Recognizing John Robert Goldin and designating a portion of State Highway 120 in Haralson County as the Bobby Goldin Highway; and for other purposes.
WHEREAS, John Robert Goldin, known as Bobby Goldin, was born on December 10, 1930, in Haralson County, Georgia; and
WHEREAS, Mr. Goldin attended the public schools of Haralson County, graduating in 1948, and graduated from West Georgia College in 1950; and
WHEREAS, he was employed with the Lockheed Aircraft Company from 1951 through 1972 when he went into business as a supermarket owner and operator; and
WHEREAS, in 1974 he founded Draketown Gas, serving as President of the company until 1992 when it merged with the Atlanta Gas Light Company; and
WHEREAS, Mr. Goldin played a leading role in establishing the Union Fire Department, has been an active supporter of Haralson County High School and youth recreation teams, served on the Haralson County Water Authority, served as President of the Haralson County Chamber of Commerce, and has exhibited leadership in other community and civic activities too numerous to list here; and
WHEREAS, it is appropriate to recognize Mr. Goldin for his many important contributions to his community and the State of Georgia.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the portion of Georgia Highway 120 in Haralson County between Corinth Church and Rose's Store is hereby designated as the Bobby Goldin Highway.
BE IT FURTHER RESOLVED that the Department of Transportation is directed to erect and maintain appropriate signs marking the Bobby Goldin Highway.

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BE IT FURTHER RESOLVED that the Clerk of the House is authorized and directed to transmit an appropriate copy of this resolution to Mr. Bobby Goldin.
Approved April 19,2001.
TRISHA YEARWOOD PARKWAY, DR. JIMMY W. WATERS INTERCHANGE, REPRESENTATIVE DEBRA MILLS
COMMEMORATIVE BRIDGE, JESSE O. KENNEDY, JR., MEMORIAL BRIDGE, AND ED AND HAROLD MCGARITY MEMORIAL BRIDGEDESIGNATED.
No. 18 (House Resolution No. 453).
A RESOLUTION
Designating a portion of SR 83 in Monticello as the Trisha Yearwood Parkway; designating the Dr. Jimmy W. Waters Interchange; designating the Representative Debra Mills Commemorative Bridge; designating certain parts ofthe state highway system; and for other purposes.
PARTI
WHEREAS, Trisha Yearwood, a Monticello native, has become an internationally recognized recording star known for her beautiful voice and sincere manner; and
WHEREAS, Ms. Yearwood's accomplishments include several Grammy Awards and Female Vocalist of the Year from the Country Music Association as well as performing in the closing ceremonies for the 1996 Atlanta Olympics, performing with Pavarotti in Italy in 1998, and performing at the White House for America's Millennium Celebration; and
WHEREAS, Trisha Yearwood has been a splendid ambassador for the City of Monticello and the State of Georgia by always recognizing her hometown, emphasizing her family's roots in Monticello, and speaking positively of her small town experience.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the portion of SR 83 north from the Monticello Square to the city limits is hereby designated as the Trisha Yearwood Parkway and that the Department of Transportation is authorized and directed to erect and maintain signs so identifying the highway.

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BE IT FURTHER RESOLVED that the highway interchange at 1-75 and Bass Road in Bibb County is redesignated the Dr. Jimmy W. Waters Interchange and the Department ofTransportation is authorized and directed to erect and maintain signs so identifying the interchange.
BE IT FURTHER RESOLVED that the bridge on Interstate Highway 20 crossing the Chattahoochee River in Cobb County is designated the Representative Debra Mills Commemorative Bridge.
PART 11
BE IT FURTHER RESOLVED that the bridge over Brazell Creek on U.S. Highway 280 West outside the city limits of Reidsville in Tattnall County is designated the Jesse O. Kennedy, Jr., Memorial Bridge, and the Department of Transportation is authorized and directed to erect and maintain appropriate signs so designating the bridge.
BE IT FURTHER RESOLVED that the bridge on State Highway 20 crossing Interstate 75 in Henry County, Georgia is designated the Ed and Harold McGarity Memorial 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 Department of Transportation and to Ms. Trisha Yearwood.
Approved April 19,2001.
MARVIN O. BOWDOIN INTERSECTION, JIM TYSINGER INTERCHANGE, AND BETTY JO WILLIAMS INTERCHANGE - DESIGNATED.
No. 19 (House Resolution No. 454).
A RESOLUTION
Commending Marvin O. Bowdoin and designating the Marvin O. Bowdoin Intersection; designating the Jim Tysinger Interchange; designating the Betty Jo Williams Interchange; and for other purposes.
PARTI WHEREAS, Marvin O. Bowdoin has long been recognized by the citizens of Juliette and Monroe County for the vital role that he has played in leadership and his deep personal commitment to the welfare of the citizens of Georgia; and

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WHEREAS, he has diligently and conscientiously devoted innumerable hours of his time, talents, and energy toward the betterment of his community and state as evidenced dramatically by his many years of superlative service as owner and operator of a restaurant, grocery store, and service station; 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 have earned him the respect and admiration of his colleagues and associates; and
WHEREAS, he is a person of magnanimous strengths with an unimpeachable reputation for integrity, intelligence, fairness, and kindness; and
WHEREAS, it is abundantly fitting and proper that the outstanding accomplishments of this remarkable and distinguished Georgian be appropriately recognized.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the members of this body commend Marvin O. Bowdoin for his many years of efficient, effective, unselfish, and dedicated public service to the citizens of his community and state and extend to him their most sincere best wishes for continued health and happiness.
BE IT FURTHER RESOLVED that the intersection of State Route 87 and Juliette Road in the City of Juliette in Monroe County be designated the Marvin O. Bowdoin Intersection.
BE IT FURTHER RESOLVED that the Department of Transportation is authorized and directed to place and maintain appropriate markers designating the Marvin O. Bowdoin Intersection.
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 Marvin O. Bowdoin.
PART II WHEREAS, Honorable Jim Tysinger served for 30 years as a distinguished member of the Georgia Senate; and
WHEREAS, this native son of Greensboro, North Carolina, earned a bachelor's degree in electrical engineering and a master's degree in industrial management from Georgia Tech; and
WHEREAS, he served his country with honor and distinction as a member of the United States army during World War II, saw active duty at Guadalcanal, New

____________GEORGIA LAWS 2001 SESSION__________351
Guinea, Leyte, and Luzon, and was honorably retired with the rank of lieutenant colonel; and
WHEREAS, Mr. Tysinger is a registered engineer who is retired from Westinghouse Electric Corporation; and
WHEREAS, he served on the Appropriations, Higher Education, and Insurance and Labor committees, and chaired the Science, Technology and Industry Committee, the first Republican to chair a committee in the Senate; and
WHEREAS, he is former chairperson of the Geo. L. Smith II Georgia World Congress Center Authority Overview Committee and served on the Metropolitan Atlanta Rapid Transit Overview Committee and on the board of ethics of MARTA; and
WHEREAS, his expertise in science and technology matters led to his appointment to the Georgia Council on Energy Resources; the Science, Energy and Environmental Resources and the Energy committees of the National Conference of State Legislatures; the Energy Committee of the Southern Legislative Conference; the Governor's Advisory Council on Science and Technology; and the Georgia Tech Research Institute; and
WHEREAS, he is the founder and still moderator of the Jim Tysinger DeKalb Breakfast Club, the longest continuing forum for political affairs in Metro Atlanta; and
WHEREAS, he and his lovely wife, Loretta, have five children and five grandchildren; and
WHEREAS, he has diligently and conscientiously devoted innumerable hours of his time, talents, and energy to the civic, religious, and charitable concerns of his community, as evidenced by his active involvement in the North DeKalb Kiwanis Club, the Atlanta Union Mission, the Erskine College Board of Trustees, as well as the Doraville Presbyterian Church where he has served as an elder and taught Sunday school for over 20 years; and
WHEREAS, his knowledge of science, legislative experience, and keen understanding of governmental problems made him one of the most influential members of the General Assembly; and
WHEREAS, he has given much time and energy in helping others, and his love for the people of his community is second only to his love and dedication to his family. It is only fitting and proper that Mr. Tysinger be recognized by having a landmark bridge and intersection in DeKalb County named in his honor.

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NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the intersection of Ashford Dunwoody Road and Interstate 285 and the bridge over the interstate at such location are designated the Jim Tysinger Interchange.
BE IT FURTHER RESOLVED that the Department of Transportation is authorized and directed to erect and maintain appropriate signs designating such interchange.
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 Jim Tysinger and the Department of Transportation.
PART III WHEREAS, Honorable Betty Jo Williams served for 20 years as a distinguished member of the Georgia House of Representatives; and
WHEREAS, she authored legislation which exempted DeKalb residents 70 years of age or older from school property taxes and was instrumental in having the "Taxpayer's Right to Know" legislation (referred to as the Betty Jo Williams bill) passed, which mandates that the DeKalb County Board of Commissioners publish the tax digest when the tax digest increases and the millage rate is not reduced; and
WHEREAS, she secured funding to build Rehoboth School Park and to build a home for outstanding young adults with special needs; and
WHEREAS, Ms. Williams was the original author of legislation to give equal opportunities for female athletes in Georgia which led to passage of the "Equity in Sports Act"; and
WHEREAS, she served on the Appropriations, Rules, Industry, Insurance, and State Institutions and Property committees, and chaired a standing subcommittee of the Industry Committee, the first Republican to chair a standing subcommittee of a House committee; and
WHEREAS, Ms. Williams served on the Tourism and Economic Development Committee of the National Conference of State Legislatures and was appointed by President Reagan to serve as chair of the Southeastern Advisory Committee to the National Park System; and
Whereas, she is the only Republican woman ever elected from DeKalb County and she was honored for her legislative accomplishments by the Medical Association of Georgia, Georgia Council on Aging, National Rifle Association, DeKalb Art Council, and DeKalb Historical Society; and

____________GEORGIA LAWS 2001 SESSION__________353
WHEREAS, her legislative experience and keen understanding of governmental problems made her one of the most influential members of the General Assembly; and
WHEREAS, she has given much time and energy in helping the citizens of DeKalb County and it is only fitting and proper that Ms. Williams be recognized by having a landmark bridge and intersection in DeKalb County named in her honor.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the intersection of La Vista Road and Interstate 285 and the bridge over the interstate at such location are designated the Betty Jo Williams Interchange.
BE IT FURTHER RESOLVED that the Department ofTransportation is authorized and directed to erect and maintain appropriate signs designating such interchange.
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 Betty Jo Williams and the Department of Transportation.
Approved April 19,2001.
BILLY RANDALL PARKWAY - DESIGNATED.
No. 20 (House Resolution No. 458).
A RESOLUTION
Designating the Billy Randall Parkway in Bibb County, Georgia; and for other purposes.
WHEREAS, Honorable William C. "Billy" Randall is currently providing outstanding service as Chief Magistrate of the Magistrate Court of Bibb County; and
WHEREAS, he was born October 14, 1943, in Bibb County, Georgia; and
WHEREAS, Mr. Randall received a B.A. degree from Morgan State College in 1965 and a J.D. degree from Emory University Law School in 1969; and
WHEREAS, Judge Randall is married to the former Lauretta Fults and they are the loving parents of five outstanding children; and

354________GENERAL ACTS AND RESOLUTIONS__________
WHEREAS, he served for 24 years as a distinguished member of the House of Representatives; and
WHEREAS, as Chairman of the House Special Judiciary Committee, he demonstrated outstanding leadership in considering major legislation before the General Assembly; and
WHEREAS, his knowledge of the law, legislative experience, and keen understanding of governmental problems made him one of the most influential members of this body; and
WHEREAS, he received awards for outstanding legislative service from the Georgia Hospital Association, Georgia Home Health Association, Georgia Public Health Association, the Georgia Association for the Prevention of Substance Abuse, and the Bibb Association of Educators and was honored with the Lifetime Achievement Award from the Legislative Black Caucus in 1999; and
WHEREAS, Billy, as he is called by his multitude of friends, is one of the best liked persons in public service and is held in fond affection by the members of the House of Representatives; and
WHEREAS, he has given much time and energy in helping others and his love for the people of his community is second only to his love and dedication to his family. It is only fitting and proper that Judge Randall be recognized by having a portion of a highway in Bibb County named in his honor.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that U.S. Highway 80, from its intersection with Interstate 75 to its intersection with State Highway 49 in Bibb County, is designated as the Billy Randall Parkway.
BE IT FURTHER RESOLVED that the Department of Transportation is authorized and directed to erect and maintain appropriate signs so designating 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 Honorable William C. "Billy" Randall and to the Department of Transportation.
Approved April 19,2001.

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JACK PEED BRIDGE AND JONATHAN JACKSON MCCANTS BRIDGE - DESIGNATED.
No. 21 (Senate Resolution No. 41).
A RESOLUTION
Designating the Jack Peed Bridge and redesignating the Jonathan Jackson McCants Bridge; and for other purposes.
WHEREAS, Jack Peed was a well known and highly respected resident of Taylor County, Georgia, where he contributed substantially to the economic, social, and political affairs of the community throughout his adult life; and
WHEREAS, he owned the property through which the headwaters flowed to form McCants Mill Pond and he personally improved the unpaved road at McCants Mill; and
WHEREAS, in the early 1900's he volunteered many hours of labor to upgrade the sandy roadbed adjacent to the old bridge and leading toward Butler and countless farmers of that era were better able to ascend the steep grade with their mule-pulled wagons as a result of his generous commitment of his resources and time; and
WHEREAS, he was a man of jovial spirit who engaged in many charitable endeavors that improved the quality of life for his fellow citizens and their families; and
WHEREAS, Jack Peed loved his community and served it well, and it is abundantly appropriate that he be remembered and honored for his community service.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the northbound bridge on U.S. 19 at McCants Mill Pond in Taylor County be designated as the Jack Peed Bridge.
BE IT FURTHER RESOLVED that a resolution approved May 1, 2000 (Ga. L. 2000, p. 1900), designating the Jonathan Jackson McCants Bridge, is clarified and the southbound bridge over the McCants Mill Pond on U.S. 19 north of Butler, Georgia, 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 appropriate signs designating each of the bridges.

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BE IT FURTHER RESOLVED that the Secretary of the Senate is authorized and directed to transmit appropriate copies ofthis resolution to the family ofJack Peed and to the commissioner of transportation.
Approved April 19,2001.
BILL STANFILL HIGHWAY AND VIRGIL BLEDSOE HIGHWAY - DESIGNATED.
No. 22 (Senate Resolution No. 70).
A RESOLUTION
Designating the Bill Stanfill Highway; designating the Virgil Bledsoe Highway; and for other purposes.
PARTI
WHEREAS, the legendary football star Bill Stanfill is well known to many Georgians and brought fame and honor to his native community of Cairo and to Grady County; and
WHEREAS, he was a three-sport star who excelled in football, basketball, and track at Cairo High School; became Georgia's first and only winner of the Outland Trophy in 1968; was inducted into the National College Football Hall of Fame in 1998; and was inducted into the Georgia Circle of Honor on September 1, 2000; and
WHEREAS, during his career with the Miami Dolphins, he was named All-Pro four times and was a starter on the 1972 and 1973 Super Bowl championship teams; and
WHEREAS, his tremendous athletic ability and record accomplishments have been surpassed only by his genuine respect for others and his public service, and it is fitting that this great Georgian who has inspired countless youth and contributed substantially to his community be properly remembered and honored.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the portion of U.S. Highway 84 in Grady County be designated as the Bill Stanfill Highway.
BE IT FURTHER RESOLVED that the Department ofTransportation is authorized and directed to erect and maintain appropriate signs at appropriate locations designating such highway.

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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 Bill Stanfill and to the Department of Transportation.
PART II
WHEREAS, Virgil Bledsoe served Heard County as Sheriff for 32 years from 1948 through 1980; and
WHEREAS, Governor Ernest Vandiver appointed him to the Board of Public Safety and he continued to serve in that capacity under Governor Carl Sanders and Governor Lester Maddox; and
WHEREAS, he was appointed to the Georgia Sheriffs Retirement Board and served for eight years; and
WHEREAS, for six years he served on the Peace Officers' Annuity and Benefit Fund; and
WHEREAS, he was a charter member of the Georgia Sheriffs' Boys Ranch; and
WHEREAS, it is most fitting that the contributions of Virgil Bledsoe to Heard County as Sheriff and to law enforcement in the State of Georgia be recognized and remembered.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the portion of Georgia Highway 34 from the city limits of Franklin, Georgia, to the Heard-Coweta County Line is hereby designated as the "Virgil Bledsoe 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 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 Virgil Bledsoe and to the Department of Transportation.
Approved April 19,2001.

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BALDWIN VETERANS MEMORIAL HIGHWAY AND THE KANSAS CITY BARBEQUE SOCIETY GEORGIA STATE CHAMPIONSHIP - DESIGNATED.
No. 23 (Senate Resolution No. 183).
A RESOLUTION
Designating the "Baldwin Veterans Memorial Highway;" designating the Dillard Bluegrass & Barbeque Festival in Dillard, in Rabun County, as the annual "Kansas City Barbeque Society Georgia State Championship;" and for other purposes.
PARTI WHEREAS, Baldwin County and the state are proud of the service that the sons and daughters of Baldwin County have provided in defense of this nation, some of whom made the ultimate sacrifice that residents of Baldwin County and Georgia might enjoy the freedoms available to citizens of this great country; and
WHEREAS, State Route 112 in Baldwin County provides access to the Georgia War Veterans Home and to the Georgia Veterans Memorial Cemetery, and it is fitting and proper that this highway honor the veterans of Baldwin County.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY that the members of this body designate that portion of State Highway 112 which lies within Baldwin County as "Baldwin Veterans Memorial Highway" in honor of our gallant soldiers.
BE IT FURTHER RESOLVED that the Department ofTransportation is authorized and directed to erect and maintain signs designating such highway.
BE IT FURTHER RESOLVED that the Secretary of the Senate is authorized and directed to transmit an appropriate copy ofthis resolution to the governing authority of Baldwin County and the Department of Transportation.
PART II WHEREAS, the Dillard Bluegrass & Barbeque Festival is sanctioned by the board of directors of the Kansas City Barbeque Society; this prestigious recognition elevates the Dillard cooking event to a select group of contests held throughout the United States; and
WHEREAS, each year barbeque cooking teams must earn points in order to compete at the American Royal World Championship held in Kansas City, Missouri, meaning that the Dillard Bluegrass & Barbeque Festival annually hosts a large number of teams and judges from across the United States, and that Dillard, in Rabun County, is the showcase for this event; and

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GEORGIA LAWS 2001 SESSION__________359

WHEREAS, the Dillard Bluegrass & Barbeque Festival annually attracts thousands of people, has gained national and international attention, and provides excellent publicity for Dillard, Rabun County, and the State of Georgia; and

WHEREAS, in addition to the barbeque cookoff contest, the family oriented festival held in Dillard annually on the first Saturday in August offers world class bluegrass music, arts and crafts, a variety of events and entertainment, and great family fun for all ages; and
WHEREAS, the Dillard Bluegrass & Barbeque Festival has been designated by Governor Roy Barnes as the "Kansas City Barbeque Society Georgia State Championship" in 1999 and in 2000, and such designation as a state championship event permits the Grand Champion of the Dillard barbeque cookoff contest to receive automatically an invitation to the American Royal World Championship at Kansas City, Missouri, and qualifies for the Jack Daniel's National Invitational Barbecue Competition at Lynchburg, Tennessee, without affecting the status of any other championship event currently held in Georgia.

NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the Dillard Bluegrass & Barbeque Festival in Dillard, in Rabun County, is hereby designated as the annual "Kansas City Barbeque Society Georgia State Championship."

Approved April 19,2001.

JESSE O. KENNEDY, JR., MEMORIAL BRIDGE - DESIGNATED.
No. 24 (Senate Resolution No. 190).
A RESOLUTION
Designating the Jesse O. Kennedy, Jr., Memorial Bridge; and for other purposes.
WHEREAS, Jesse O. Kennedy, Jr., was one of Georgia's distinguished veterans of World War II who received the prestigious Purple Heart in recognition of his military valor; and
WHEREAS, he was a native of Tattnall County, born on February 9, 1923, to Lota Nell Southwell and Jesse O. Kennedy, Sr., and he attended Reidsville High School and Abraham Baldwin Agriculture College, enlisted in the U.S. Naval Reserve on July 7, 1942, and was appointed an Ensign, A-V(N) on August 3, 1943; and

360________GENERAL ACTS AND RESOLUTIONS__________
WHEREAS, he was a U.S. Navy Fighter Pilot aboard the aircraft carrier, the USS Chenango, and tragically died from enemy action in the Asiatic area on October 19, 1944; and
WHEREAS, Ensign Kennedy was a young man of vitality and great promise, and his love of country, dedication to his military career, and dauntless courage exemplified the highest standards of the American soldier, and his noble efforts merit proper honor and tribute.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the bridge over Brazell Creek on U.S. Highway 280 West outside the city limits of Reidsville, Georgia, in Tattnall County, is designated the Jesse O. Kennedy, Jr., Memorial Bridge.
BE IT FURTHER RESOLVED that the Department of Transportation is authorized and directed to erect and maintain appropriate signs at locations designating the 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 family of Jesse O. Kennedy, Jr., and to the commissioner of transportation.
Approved April 19,2001.
CARL DOVER MEMORIAL BRIDGE - DESIGNATED.
No. 25 (Senate Resolution No. 215).
A RESOLUTION
Designating a bridge on SR 52 in Gilmer County as the Carl Dover Memorial Bridge; and for other purposes.
WHEREAS, Mr. Carl Dover was a distinguished farmer, businessman, and citizen of Gilmer County who served for six years as a member of the Gilmer County Board of Education; and
WHEREAS, he was a member of the Nine Mile Methodist Church, a Sunday School teacher, a civic leader, a Lions Club member, a Mason, a Shriner, and an ASCS committee chairman; and
WHEREAS, he was a loving husband of 38 years and the father of two children; and

____________GEORGIA LAWS 2001 SESSION__________361
WHEREAS, he was an inspiration to his family, friends, and the community of which he was a lifelong member; and
WHEREAS, it is only fitting and proper that his memory be honored by this state and in the community in which he lived.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the Mountaintown Bridge on SR 52 West near the Dover family farm in Gilmer County is hereby designated as the Carl Dover Memorial Bridge, which designation shall supersede any former designation, and the Department of Transportation is authorized and directed to erect and maintain appropriate signs so identifying the bridge.
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. Carl Dover.
Approved April 19,2001.
JAMES HULMAN STANFORD MEMORIAL BRIDGE- DESIGNATED.
No. 26 (Senate Resolution No. 345).
A RESOLUTION
To designate the James Hulman Stanford Memorial Bridge in Putnam County; and for other purposes.
WHEREAS, Mr. James Hulman Stanford was born in Putnam County, Georgia, on June 15, 1910, to a family which has been in Putnam County for over 200 years; and
WHEREAS, Mr. Stanford served his country with honor and distinction in the United States Navy during World War II; and
WHEREAS, Mr. Stanford worked in the logging industry and also had an exemplary career of public service with the Federal Soil and Water Conservation Service; and
WHEREAS, Mr. Stanford was a leader and active participant in civic affairs in his community and the State of Georgia.

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NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY that the bridge by which Hillsboro Road in Putnam County crosses over Murder Creek is hereby designated as the James Hulrnan Stanford Memorial Bridge, and the Department ofTransportation or the governing authority of Putnam County or both, as may be appropriate, are authorized to erect and maintain 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 family of James Hulman Stanford.
Approved April 19,2001.
COMMERCIAL CODE - SECURED TRANSACTIONS; EXTENSIVE REVISION OF RELATED PROVISIONS.
Code Title 11, Article 9 Revised. Code Titles 1,7,9,10, 11, 15, 16,29,
40, 44, and 49 Amended.
No. 191 (House Bill No. 191).
AN ACT
To revise provisions of the Official Code of Georgia Annotated relating to secured transactions and financial institutions; to amend Title 11 of the Official Code of Georgia Annotated, the "Uniform Commercial Code," so as to enact a new Article 9 relating to secured transactions; to strike former Article 9 in its entirety and replace it with a new article; to define terms; to provide for general matters relating to secured transactions; to provide for effectiveness of security agreements and attachments of security interests; to provide for the rights of parties to a security agreement; to provide for perfection and priority of security interests; to provide for rights of third parties; to provide for filing of security instruments; to provide for default on and enforcement of secured obligations; to provide for transitional provisions; to amend other articles of the Uniform Commercial Code so as to provide for conforming amendments; to amend Chapter 3 of Title 1 of the Official Code of Georgia Annotated, relating to laws and statutes, Title 7 of the Official Code of Georgia Annotated, relating to banking and finance, Title 9 of the Official Code of Georgia Annotated, relating to civil practice, Title 10 of the Official Code ofGeorgia Annotated, relating to commerce and trade, Title 15 ofthe Official Code of Georgia Annotated, relating to courts, Title 16 of the Official Code of Georgia Annotated, relating to crimes and offenses, Title 40 ofthe Official Code ofGeorgia Annotated, relating to motor vehicles, Title 44 of the Official Code of Georgia

____________GEORGIA LAWS 2001 SESSION__________363
Annotated, relating to property, and Title 49 of the Official Code of Georgia Annotated, relating to social services, so as to correct cross-references and otherwise conform to the new Article 9; to amend Chapter 14 of Title 44 of the Official Code of Georgia Annotated, relating to mortgages, conveyances to secure debt, and liens, so as to prohibit certain practices with regard to loans secured by single-family residential property; to amend Title 7 ofthe Official Code ofGeorgia Annotated, relating to banking and finance, so as to provide for enforcement of such prohibitions; to amend Article 1 of Chapter 2 of Title 29 of the Official Code of Georgia Annotated, relating to powers and duties of guardians, so as to provide for investments in certain credit unions under certain circumstances; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Title 11 of the Official Code of Georgia Annotated, the "Uniform Commercial Code," is amended by striking in its entirety existing Article 9, relating to secured transactions, and inserting in its place a new Article 9 to read as follows:
'ARTICLE 9 SECURED TRANSACTIONS
Part 1 General Provisions
Subpart 1 Short Title, Definitions, and General Concepts
11-9-101. Short title. This article may be cited as 'Uniform Commercial Code Secured Transactions.'
11 -9-102. Definitions and index of definitions. (a) Article 9 definitions. As used in this article, the term:
(1) 'Accession' means goods that are physically united with other goods in such a manner that the identity of the original goods is not lost. (2) 'Account,' except as used in 'account for,' means a right to payment of a monetary obligation, whether or not earned by performance, (i) for property that has been or is to be sold, leased, licensed, assigned, or otherwise disposed of, (ii) for services rendered or to be rendered, (iii) for a policy of insurance issued or to be issued, (iv) for a secondary obligation incurred or to be incurred, (v) for energy provided or to be provided, (vi) for the use or hire of a vessel under a charter or other contract, (vii) arising out of the use of a credit or charge card or information contained on or for use with the card, or (viii) as winnings in a lottery or other game of chance operated or sponsored by a state, governmental unit of a state, or person licensed or authorized to operate the game by a state or governmental unit of a state. The term includes health care

364_________GENERAL ACTS AND RESOLUTIONS___________
insurance receivables. The term does not include (i) rights to payment evidenced by chattel paper or an instrument, (ii) commercial tort claims, (iii) deposit accounts, (iv) investment property, (v) letter of credit rights or letters of credit, or (vi) rights to payment for money or funds advanced or sold, other than rights arising out of the use of a credit or charge card or information contained on or for use with the card. (3) 'Account debtor' means a person obligated on an account, chattel paper, or general intangible. The term does not include persons obligated to pay a negotiable instrument, even if the instrument constitutes part of chattel paper. (4) 'Accounting,' except as used in 'accounting for,' means a record:
(A) Authenticated by a secured party; (B) Indicating the aggregate unpaid secured obligations as of a date not more than 35 days earlier or 35 days later than the date of the record; and (C) Identifying the components of the obligations in reasonable detail. (5) 'Agricultural lien' means an interest, other than a security interest, in farm products: (A) Which secures payment or performance of an obligation for:
(i) Goods or services furnished in connection with a debtor's farming operation; or (ii) Rent on real property leased by a debtor in connection with its farming operation; (B) Which is created by statute in favor of a person that: (i) In the ordinary course of its business furnished goods or services to a debtor in connection with a debtor's farming operation; or (ii) Leased real property to a debtor in connection with the debtor's farming operation; and (C) Whose effectiveness does not depend on the person's possession of the personal property. (6) 'As-extracted collateral' means: (A) Oil, gas, or other minerals that are subject to a security interest that: (i) Is created by a debtor having an interest in the minerals before extraction; and (ii) Attaches to the minerals as extracted; or (B) Accounts arising out of the sale at the wellhead or minehead of oil, gas, or other minerals in which the debtor had an interest before extraction. (7) 'Authenticate' means: (A) To sign; or (B) To execute or otherwise adopt a symbol, or encrypt or similarly process a record in whole or in part, with the present intent of the authenticating person to identify the person and adopt or accept a record. (8) 'Authority' means the Georgia Superior Court Clerks' Cooperative Authority. (9) 'Bank' means an organization that is engaged in the business of banking. The term includes savings banks, savings and loan associations, credit unions, and trust companies.

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(10) 'Cash proceeds' means proceeds that are money, checks, deposit accounts, or the like. (11) 'Certificate of title' means a certificate of title with respect to which a statute provides for the security interest in question to be indicated on the certificate as a condition or result of the security interest's obtaining priority over the rights of a lien creditor with respect to the collateral. (12) 'Chattel paper' means a record or records that evidence both a monetary obligation and a security interest in specific goods, a security interest in specific goods and software used in the goods, a lease of specific goods, or a lease of specific goods and license of software used in the goods. As used in this paragraph, 'monetary obligation' means a monetary obligation secured by the goods or owed under a lease of the goods and includes a monetary obligation with respect to software used in the goods. The term does not include:
(A) Charters or other contracts involving the use or hire of a vessel; or (B) Records that evidence a right to payment arising out of the use of a credit or charge card or information contained on or for use with the card. If a transaction is evidenced by records that include an instrument or series of instruments, the group of records taken together constitutes chattel paper. (13) 'Collateral' means the property subject to a security interest or agricultural lien. The term includes: (A) Proceeds to which a security interest attaches; (B) Accounts, chattel paper, payment intangibles, and promissory notes that have been sold; and (C) Goods that are the subject of a consignment. (14) 'Commercial tort claim' means a claim arising in tort with respect to which: (A) The claimant is an organization; or (B) The claimant is an individual and the claim:
(i) Arose in the course of the claimant's business or profession; and (ii) Does not include damages arising out of personal injury to or the death of an individual. (15) 'Commodity account' means an account maintained by a commodity intermediary in which a commodity contract is carried for a commodity customer. (16) 'Commodity contract' means a commodity futures contract, an option on a commodity futures contract, a commodity option, or another contract if the contract or option is: (A) Traded on or subject to the rules of a board of trade that has been designated as a contract market for such a contract pursuant to federal commodities laws; or (B) Traded on a foreign commodity board oftrade, exchange, or market and is carried on the books of a commodity intermediary for a commodity customer.

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(17) 'Commodity customer' means a person for which a commodity intermediary carries a commodity contract on its books. (18) 'Commodity intermediary' means a person that:
(A) Is registered as a futures commission merchant under federal commodities law; or (B) In the ordinary course of its business provides clearance or settlement services for a board of trade that has been designated as a contract market pursuant to federal commodities law. (19) 'Communicate'means: (A) To send a written or other tangible record; (B) To transmit a record by any means agreed upon by the persons sending and receiving the record; or (C) In the case of transmission of a record to or by a filing office or the authority, to transmit a record by any means prescribed by filing office rule. (20) 'Consignee' means a merchant to which goods are delivered in a consignment. (21) 'Consignment' means a transaction, regardless of its form, in which a person delivers goods to a merchant for the purpose of sale and: (A) The merchant:
(i) Deals in goods of that kind under a name other than the name of the person making delivery; (ii) Is not an auctioneer; and (iii) Is not generally known by its creditors to be substantially engaged in selling the goods of others; (B) With respect to each delivery, the aggregate value of the goods is $ 1,000.00 or more at the time of delivery; (C) The goods are not consumer goods immediately before delivery; and (D) The transaction does not create a security interest that secures an obligation. (22) 'Consignor' means a person that delivers goods to a consignee in a consignment. (23) 'Consumer debtor' means a debtor in a consumer transaction. (24) 'Consumer goods' means goods that are used or bought for use primarily for personal, family, or household purposes. (25) 'Consumer goods transaction' means a consumer transaction in which: (A) An individual incurs an obligation primarily for personal, family, or household purposes; and (B) A security interest in consumer goods secures the obligation. (26) 'Consumer obligor' means an obligor who is an individual and who incurred the obligation as part of a transaction entered into primarily for personal, family, or household purposes. (27) 'Consumer transaction' means a transaction in which (i) an individual incurs an obligation primarily for personal, family, or household purposes, (ii) a security interest secures the obligation, and (iii) the collateral is held or

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acquired primarily for personal, family, or household purposes. The term includes consumer goods transactions. (28) 'Continuation statement' means an amendment of a financing statement which:
(A) Identifies, by its file number, the initial financing statement to which it relates; and (B) Indicates that it is a continuation statement for, or that it is filed to continue the effectiveness of, the identified financing statement. (29) 'Debtor' means: (A) A person having an interest, other than a security interest or other lien, in the collateral, whether or not the person is an obligor; (B) A seller of accounts, chattel paper, payment intangibles, or promissory notes; or (C) A consignee. (30) 'Deposit account' means a demand, time, savings, passbook, or similar account maintained with a bank. The term does not include investment property or accounts evidenced by an instrument. (31) 'Document' means a document of title or a receipt of the type described in subsection (2) of Code Section 11-7-201. (32) 'Electronic chattel paper' means chattel paper evidenced by a record or records consisting of information stored in an electronic medium. (33) 'Encumbrance' means a right, other than an ownership interest, in real property. The term includes mortgages and other liens on real property. (34) 'Equipment' means goods other than inventory, farm products, or consumer goods. (35) 'Farm products' means goods, other than standing timber, with respect to which the debtor is engaged in a farming operation and which are: (A) Crops grown, growing, or to be grown, including:
(i) Crops produced on trees, vines, and bushes; and (ii) Aquatic goods produced in aquacultural operations; (B) Livestock, born or unborn, including aquatic goods produced in aquacultural operations; (C) Supplies used or produced in a farming operation; or (D) Products of crops or livestock in their unmanufactured states. (36) 'Farming operation' means raising, cultivating, propagating, fattening, grazing, or any other farming, livestock, or aquacultural operation. (37) 'File number' means the number assigned to an initial financing statement pursuant to subsection (a) of Code Section 11-9-519. (38) 'Filing office' means an office designated in Code Section 11-9-501 as the place to file a financing statement. (39) 'Filing office rule' means a rule adopted pursuant to Code Section 11-9-526. (40) 'Financing statement' means a record or records composed of an initial financing statement and any filed record relating to the initial financing statement.

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(41) 'Fixture filing' means the filing of a financing statement covering goods that are or are to become fixtures and satisfying subsections (a) and (b) ofCode Section 11-9-502. The term includes the filing of a financing statement covering goods of a transmitting utility which are or are to become fixtures. (42) 'Fixtures' means goods that have become so related to particular real property that an interest in them arises under real property law. (43) 'General intangible' means any personal property, including things in action, other than accounts, chattel paper, commercial tort claims, deposit accounts, documents, goods, instruments, investment property, letter of credit rights, letters of credit, money, and oil, gas, or other minerals before extraction. The term includes payment intangibles and software. (44) 'Good faith' means honesty in fact and the observance of reasonable commercial standards of fair dealing. (45) 'Goods' means all things that are movable when a security interest attaches. The term includes (i) fixtures, (ii) standing timber that is to be cut and removed under a conveyance or contract for sale, (iii) the unborn young ofanimals, and (i v) crops grown, growing, or to be grown, even ifthe crops are produced on trees, vines, or bushes. The term also includes a computer program embedded in goods and any supporting information provided in connection with a transaction relating to the program if (i) the program is associated with the goods in such a manner that it customarily is considered part ofthe goods, or (ii) by becoming the owner ofthe goods, a person acquires a right to use the program in connection with the goods. The term does not include a computer program embedded in goods that consist solely of the medium in which the program is embedded. The term also does not include accounts, chattel paper, commercial tort claims, deposit accounts, documents, general intangibles, instruments, investment property, letter of credit rights, letters of credit, money, or oil, gas, or other minerals before extraction. (46) 'Governmental unit' means a subdivision, agency, department, county, parish, municipality, or other unit of the government of the United States, a state, or a foreign country. The term includes an organization having a separate corporate existence if the organization is eligible to issue debt _on which interest is exempt from income taxation under the laws of the United States. (47) 'Health care insurance receivable' means an interest in or claim under a policy of insurance which is a right to payment of a monetary obligation for health care goods or services provided. (48) 'Instrument' means a negotiable instrument or any other writing that evidences a right to the payment of a monetary obligation, is not itself a security agreement or lease, and is of a type that in ordinary course of business is transferred by delivery with any necessary indorsement or assignment. The term does not include (i) investment property, (ii) letters of credit, or (iii) writings that evidence a right to payment arising out of the use of a credit or charge card or information contained on or for use with the card. (49) 'Inventory' means goods, other than farm products, which:

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(A) Are leased by a person as lessor; (B) Are held by a person for sale or lease or to be furnished under a contract of service; (C) Are furnished by a person under a contract of service; or (D) Consist of raw materials, work in process, or materials used or consumed in a business. (50) 'Investment property' means a security, whether certificated or uncertificated, security entitlement, securities account, commodity contract, or commodity account. (51) 'Jurisdiction of organization,' with respect to a registered organization, means the jurisdiction under whose law the organization is organized. (52) 'Letter of credit right' means a right to payment or performance under a letter of credit, whether or not the beneficiary has demanded or is at the time entitled to demand payment or performance. The term does not include the right of a beneficiary to demand payment or performance under a letter of credit. (53) 'Lien creditor1 means: (A) A creditor that has acquired a lien on the property involved by attachment, levy, or the like; (B) An assignee for benefit of creditors from the time of assignment; (C) A trustee in bankruptcy from the date of the filing of the petition; or (D) A receiver in equity from the time of appointment. (54) 'Mortgage' means a consensual interest in real property, including fixtures, which secures payment or performance of an obligation. The term includes a deed to secure debt. (55) 'New debtor' means a person that becomes bound as debtor under subsection (d) of Code Section 11-9-203 by a security agreement previously entered into by another person. (56) 'New value' means (i) money, (ii) money's worth in property, services, or new credit, or (iii) release by a transferee of an interest in property previously transferred to the transferee. The term does not include an obligation substituted for another obligation. (57) 'Noncash proceeds' means proceeds other than cash proceeds. (58) 'Obligor' means a person that, with respect to an obligation secured by a security interest in or an agricultural lien on the collateral, (i) owes payment or other performance of the obligation, (ii) has provided property other than the collateral to secure payment or other performance of the obligation, or (iii) is otherwise accountable in whole or in part for payment or other performance of the obligation. The term does not include issuers or nominated persons under a letter of credit. (59) 'Original debtor,' except as used in subsection (c) of Code Section 11 -9-310, means a person that, as debtor, entered into a security agreement to which a new debtor has become bound under subsection (d) of Code Section 11-9-203.

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(60) 'Payment intangible' means a general intangible under which the account debtor's principal obligation is a monetary obligation. (61) 'Person related to,' with respect to an individual, means:
(A) The spouse of the individual; (B) A brother, brother-in-law, sister, or sister-in-law of the individual; (C) An ancestor or lineal descendant of the individual or the individual's spouse; or (D) Any other relative, by blood or marriage, of the individual or the individual's spouse who shares the same home with the individual. (62) 'Person related to,' with respect to an organization, means: (A) A person directly or indirectly controlling, controlled by, or under common control with the organization; (B) An officer or director of, or a person performing similar functions with respect to, the organization; (C) An officer or director of, or a person performing similar functions with respect to, a person described in subparagraph (A) of this paragraph; (D) The spouse of an individual described in subparagraph (A), (B), or (C) of this paragraph; or (E) An individual who is related by blood or marriage to an individual described in subparagraph (A), (B), (C), or (D) of this paragraph and shares the same home with the individual. (63) 'Proceeds,' except as used in subsection (d) of Code Section 11-9-609, means the following property: (A) Whatever is acquired upon the sale, lease, license, exchange, or other disposition of collateral; (B) Whatever is collected on, or distributed on account of, collateral; (C) Rights arising out of collateral; (D) To the extent of the value of collateral, claims arising out of the loss, nonconformity, or interference with the use of, defects or infringement of rights in, or damage to the collateral; or (E) To the extent of the value of collateral and to the extent payable to the debtor or the secured party, insurance payable by reason of the loss_ or nonconformity of, defects or infringement of rights in, or damage to the collateral. (64) 'Promissory note' means an instrument that evidences a promise to pay a monetary obligation, does not evidence an order to pay, and does not contain an acknowledgment by a bank that the bank has received for deposit a sum of money or funds. (65) 'Proposal' means a record authenticated by a secured party which includes the terms on which the secured party is willing to accept collateral in full or partial satisfaction of the obligation it secures pursuant to Code Sections 11-9-620, 11-9-621, and 11-9-622. (66) 'Public finance transaction' means a secured transaction in connection with which: (A) Debt securities are issued;

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(B) All or a portion of the securities issued have an initial stated maturity of at least five years; and (C) The debtor, obligor, secured party, account debtor or other person obligated on collateral, assignor or assignee of a secured obligation, or assignor or assignee of a security interest is a state or a governmental unit of a state. (67) 'Pursuant to commitment,' with respect to an advance made or other value given by a secured party, means pursuant to the secured party's obligation, whether or not a subsequent event of default or other event not within the secured party's control has relieved or may relieve the secured party from its obligation. (68) 'Record,' except as used in 'for record,' 'of record,' 'record or legal title,' and 'record owner,' means information that is inscribed on a tangible medium or which is stored in an electronic or other medium and is retrievable in perceivable form. (69) 'Registered organization' means an organization organized solely under the law of a single state or the United States and as to which the state or the United States must maintain a public record showing the organization to have been organized. (70) 'Secondary obligor' means an obligor to the extent that: (A) The obligor's obligation is secondary; or (B) The obligor has a right of recourse with respect to an obligation secured by collateral against the debtor, another obligor, or property of either. (71) 'Secured party'means: (A) A person in whose favor a security interest is created or provided for under a security agreement, whether or not any obligation to be secured is outstanding; (B) A person that holds an agricultural lien; (C) A consignor; (D) A person to which accounts, chattel paper, payment intangibles, or promissory notes have been sold; (E) A trustee, indenture trustee, agent, collateral agent, or other representative in whose favor a security interest or agricultural lien is created or provided for; or (F) A person that holds a security interest arising under Code Section 11-2-401, 11-2-505, or subsection (3) of Code Section 11-2-711, subsection (5) of Code Section 11-2A-508, Code Section 11-4-210, or 11-5-118. (72) 'Security agreement' means an agreement that creates or provides for a security interest. (73) 'Send,' in connection with a record or notification, means: (A) To deposit in the mail, deliver for transmission, or transmit by any other usual means of communication, with postage or cost of transmission provided for, addressed to any address reasonable under the circumstances; or

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(B) To cause the record or notification to be received within the time that it would have been received if properly sent under subparagraph (A) of this paragraph. (74) 'Software' means a computer program and any supporting information provided in connection with a transaction relating to the program. The term does not include a computer program that is included in the definition of goods. (75) 'State' means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States. (76) 'Supporting obligation' means a letter of credit right or secondary obligation that supports the payment or performance of an account, chattel paper, a document, a general intangible, an instrument, or investment property. (77) Tangible chattel paper' means chattel paper evidenced by a record or records consisting of information that is inscribed on a tangible medium. (78) Termination statement' means an amendment of a financing statement which: (A) Identifies, by its file number, the initial financing statement to which it relates; and (B) Indicates either that it is a termination statement or that the identified financing statement is no longer effective. (79) Transmitting utility' means a person primarily engaged in the business of: (A) Operating a railroad, subway, street railway, or trolley bus; (B) Transmitting communications electrically, electromagnetically, or by light; (C) Transmitting goods by pipeline or sewer; or (D) Transmitting or producing and transmitting electricity, steam, gas, or water. (b) Definitions in other articles. Other definitions applying to this article and the Code sections in which they appear are: 'Applicant.' Code Section 11-5-102. 'Beneficiary.1 Code Section 11-5-102. 'Broker.' Code Section 11-8-102. 'Certificated security.' Code Section 11-8-102. 'Check.' Code Section 11-3-104. 'Clearing corporation.' Code Section 11-8-102. 'Contract for sale.' Code Section 11-2-106. 'Customer.' Code Section 11-4-104. 'Entitlement holder.' Code Section 11-8-102. 'Financial asset.' Code Section 11-8-102. 'Holder in due course.' Code Section 11-3-302. 'Issuer' (with respect to a letter of credit or letter of credit right). Code Section 11-5-102. 'Issuer' (with respect to a security). Code Section 11-8-201.

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'Lease.' Code Section 11-2A-103. 'Lease agreement.' Code Section 11-2A-103. 'Lease contract.' Code Section 11-2A-103. 'Leasehold interest.1 Code Section 11-2A-103. 'Lessee.' Code Section 11-2A-103. 'Lessee in ordinary course of business.' Code Section 11-2 A-103. 'Lessor.' Code Section 11-2A-103. 'Lessor's residual interest.' Code Section 11-2A-103. 'Letter of credit.' Code Section 11-5-102. 'Merchant.' Code Section 11-2-104. 'Negotiable instrument.' Code Section 11-3-104. 'Nominated person.' Code Section 11-5-102. 'Note.' Code Section 11-3-104. 'Proceeds of a letter of credit.' Code Section 11-5-114. 'Prove.' Code Section 11-3-103. 'Sale.1 Code Section 11-2-106. 'Securities account. 1 Code Section 11-8-501. 'Securities intermediary.' Code Section 11-8-102. 'Security.' Code Section 11-8-102. 'Security certificate.' Code Section 11-8-102. 'Security entitlement.' Code Section 11-8-102. 'Uncertificated security.' Code Section 11-8-102. (c) Article 1 definitions and principles. Article 1 of this title contains general definitions and principles ofconstruction and interpretation applicable throughout this article.
11-9-103. Purchase money security interest; application of payments; burden of establishing.
(a) Definitions. As used in this Code section, the term: (1) 'Purchase money collateral1 means goods or software that secures a purchase money obligation incurred with respect to that collateral. (2) 'Purchase money obligation' means an obligation of an obligor incurred as all or part of the price of the collateral or for value given to enable the debtor to acquire rights in or the use of the collateral if the value is in fact so used.
(b) Purchase money security interest in goods. A security interest in goods is a purchase money security interest:
(1) To the extent that the goods are purchase money collateral with respect to that security interest; (2) If the security interest is in inventory that is or was purchase money collateral, also to the extent that the security interest secures a purchase money obligation incurred with respect to other inventory in which the secured party holds or held a purchase money security interest; and (3) Also to the extent that the security interest secures a purchase money obligation incurred with respect to software in which the secured party holds or held a purchase money security interest.

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(c) Purchase money security interest in software. A security interest in software is a purchase money security interest to the extent that the security interest also secures a purchase money obligation incurred with respect to goods in which the secured party holds or held a purchase money security interest if:
(1) The debtor acquired its interest in the software in an integrated transaction in which it acquired an interest in the goods; and (2) The debtor acquired its interest in the software for the principal purpose of using the software in the goods. (d) Consignor 's inventory purchase money security interest. The security interest of a consignor in goods that are the subject of a consignment is a purchase money security interest in inventory. (e) Application ofpayment in nonconsumer goods transaction. In a transaction other than a consumer goods transaction, if the extent to which a security interest is a purchase money security interest depends on the application of a payment to a particular obligation, the payment must be applied: (1) In accordance with any reasonable method of application to which the parties agree; (2) In the absence of the parties' agreement to a reasonable method, in accordance with any intention of the obligor manifested at or before the time of payment; or (3) In the absence of an agreement to a reasonable method and a timely manifestation of the obligor's intention, in the following order:
(A) To obligations that are not secured; and (B) If more than one obligation is secured, to obligations secured by purchase money security interests in the order in which those obligations were incurred. (f) No loss ofstatus ofpurchase money security interest in nonconsumer goods transaction. In a transaction other than a consumer goods transaction, a purchase money security interest does not lose its status as such, even if: (1) The purchase money collateral also secures an obligation that is not a purchase money obligation; (2) Collateral that is not purchase money collateral also secures the purchase money obligation; or (3) The purchase money obligation has been renewed, refinanced, consolidated, or restructured. (g) Burden ofproof in nonconsumer goods transaction. In a transaction other than a consumer goods transaction, a secured party claiming a purchase money security interest has the burden of establishing the extent to which the security interest is a purchase money security interest. (h) Nonconsumer goods transactions: no inference. The limitation of the rules in subsections (e), (f), and (g) of this Code section to transactions other than consumer goods transactions is intended to leave to the court the determination of the applicable rules in consumer goods transactions. The court may not infer from that limitation the nature of the applicable rule in consumer goods transactions and may continue to apply established approaches.

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11 -9-104. Control of deposit account. (a) Requirements for control. A secured party has control of a deposit account if:
(1) The secured party is the bank with which the deposit account is maintained; (2) The debtor, secured party, and bank have agreed in an authenticated record that the bank will comply with instructions originated by the secured party directing disposition ofthe funds in the deposit account without further consent by the debtor; or (3) The secured party becomes the bank's customer with respect to the deposit account. (b) Debtor's right to direct disposition. A secured party that has satisfied subsection (a) ofthis Code section has control, even ifthe debtor retains the right to direct the disposition of funds from the deposit account.
11-9-105. Control of electronic chattel paper. A secured party has control of electronic chattel paper if the record or records comprising the chattel paper are created, stored, and assigned in such a manner that:
(1) A single authoritative copy of the record or records exists which is unique, identifiable, and, except as otherwise provided in paragraphs (4), (5), and (6) of this Code section, unalterable; (2) The authoritative copy identifies the secured party as the assignee of the record or records; (3) The authoritative copy is communicated to and maintained by the secured party or its designated custodian; (4) Copies or revisions that add or change an identified assignee of the authoritative copy can be made only with the participation ofthe secured party; (5) Each copy of the authoritative copy and any copy of a copy is readily identifiable as a copy that is not the authoritative copy; and (6) Any revision of the authoritative copy is readily identifiable as an authorized or unauthorized revision.
11 -9-106. Control of investment property. (a) Control under Code Section 11-8-106. A person has control ofa certificated security, uncertificated security, or security entitlement as provided in Code Section 11-8-106. (b) Control ofcommodity contract. A secured party has control of a commodity contract if:
(1) The secured party is the commodity intermediary with which the commodity contract is carried; or (2) The commodity customer, secured party, and commodity intermediary have agreed that the commodity intermediary will apply any value distributed on account ofthe commodity contract as directed by the secured party without further consent by the commodity customer.

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(c) Effect of control of securities account or commodity account. A secured party having control of all security entitlements or commodity contracts carried in a securities account or commodity account has control over the securities account or commodity account.
11-9-107. Control of letter of credit right. A secured party has control of a letter of credit right to the extent of any right to payment or performance by the issuer or any nominated person if the issuer or nominated person has consented to an assignment of proceeds of the letter of credit under subsection (c) ofCode Section 11 -5-114 or otherwise applicable law or practice.
11-9-108. Sufficiency of description. (a) Sufficiency of description. Except as otherwise provided in subsections (c), (d), and (e) of this Code section, a description of personal or real property is sufficient, whether or not it is specific, if it reasonably identifies what is described. (b) Examples of reasonable identification. Except as otherwise provided in subsection (d) of this Code section, a description of collateral reasonably identifies the collateral if it identifies the collateral by:
(1) Specific listing; (2) Category; (3) Except as otherwise provided in subsection (e) of this Code section, a type of collateral defined in this title; (4) Quantity; (5) Computational or allocational formula or procedure; or (6) Except as otherwise provided in subsection (c) of this Code section, any other method, if the identity of the collateral is objectively determinable. (c) Supergeneric description not sufficient. A description of collateral as 'all the debtor's assets' or 'all the debtor's personal property' or using words of similar import does not reasonably identify the collateral. (d) Investment property. Except as otherwise provided in subsection (e) ofthis Code section, a description of a security entitlement, securities account, or commodity account is sufficient if it describes: (1) The collateral by those terms or as investment property; or (2) The underlying financial asset or commodity contract. (e) When description by type insufficient. A description only by type of collateral defined in this title is an insufficient description of: (1) A commercial tort claim; or (2) In a consumer transaction, consumer goods, a security entitlement, a securities account, or a commodity account.

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Subpart 2 Applicability of Article
11-9-109. Scope. (a) General scope of article. Except as otherwise provided in subsections (c) and (d) of this Code section, this article applies to:
(1) A transaction, regardless of its form, that creates a security interest in personal property or fixtures by contract; (2) An agricultural lien; (3) A sale of accounts, chattel paper, payment intangibles, or promissory notes; (4) A consignment; (5) A security interest arising under Code Section 11-2-401, Code Section 11-2-505, subsection (3) of Code Section 11-2-711, or subsection (5) of Code Section 11-2A-508, as provided in Code Section 11-9-110; and (6) A security interest arising under Code Section 11-4-210 or 11-5-118. (b) Security interest in secured obligation. The application of this article to a security interest in a secured obligation is not affected by the fact that the obligation is itself secured by a transaction or interest to which this article does not apply. (c) Extent to which article does not apply. This article does not apply to the extent that: (1) A statute, regulation, or treaty of the United States preempts this article; (2) Another statute of this state expressly governs the creation, perfection, or priority; (3) A statute of another state, a foreign country, or a governmental unit of another state or a foreign country, other than a statute generally applicable to security interests, expressly governs creation, perfection, priority, or enforcement of a security interest created by the state, country, or governmental unit; or (4) The rights of a transferee beneficiary or nominated person under a letter of credit are independent and superior under Code Section 11-5-114. (d) Inapplicability ofarticle. This article does not apply to: (1) A landlord's lien, other than an agricultural lien; (2) A lien, other than an agricultural lien, given by statute or other rule of law for services or materials, but Code Section 11-9-333 applies with respect to priority of the lien; (3) An assignment of a claim for wages, salary, or other compensation of an employee; (4) A sale of accounts, chattel paper, payment intangibles, or promissory notes as part of a sale of the business out of which they arose; (5) An assignment of accounts, chattel paper, payment intangibles, or promissory notes which is for the purpose of collection only; (6) An assignment of a right to payment under a contract to an assignee that is also obligated to perform under the contract;

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(7) An assignment of a single account, payment intangible, or promissory note to an assignee in full or partial satisfaction of a preexisting indebtedness; (8) A transfer of an interest in or an assignment of a claim under a policy of insurance, other than an assignment by or to a health care provider of a health care insurance receivable and any subsequent assignment of the right to payment, but Code Sections 11 -9-315 and 11 -9-322 apply with respect to proceeds and priorities in proceeds; (9) An assignment of a right represented by a judgment, other than a judgment taken on a right to payment that was collateral; (10) A right of recoupment or setoff, but:
(A) Code Section 11-9-340 applies with respect to the effectiveness of rights of recoupment or setoff against deposit accounts; and (B) Code Section 11-9-404 applies with respect to defenses or claims of an account debtor; (11) The creation ortransfer of an interest in or lien on real property, including a lease or usufruct or rents thereunder, except to the extent that provision is made for: (A) Liens on real property in Code Sections 11-9-203 and 11-9-308; (B) Fixtures in Code Section 11-9-334; (C) Fixture filings in Code Sections 11-9-501, 11-9-502, 11-9-512, 11-9-516, and 11-9-519; and (D) Security agreements covering personal and real property in Code Section 11-9-604; (12) An assignment of a claim arising in tort, other than a commercial tort claim, but Code Sections 11-9-315 and 11-9-322 apply with respect to proceeds and priorities in proceeds; (13) An assignment of a deposit account in a consumer transaction, but Code Sections 11-9-315 and 11-9-322 apply with respect to proceeds and priorities in proceeds; (14) An assignment of a lottery prize payable by this state or any instrumentality of this state; (15) An assignment of a claim or right to receive payment as described in and to the extent limited by the provisions of Code Section 34-9-84 or by Article 4 of Chapter 12 of Title 51; or (16) A security interest created by or affecting property of this state or any governmental unit of this state in any public finance transaction, other than a security interest created by: (A) An authority activated under Chapter 62 of Title 36, the 'Development Authorities Law'; or (B) A local authority having as its principal function the stimulation of industrial growth and the reduction of unemployment.
11-9-110. Security interests arising under Article 2 or 2A of this title. A security interest arising under Code Section 11-2-401 or 11-2-505, subsection (3) of Code Section 11-2-711, or subsection (5) of Code Section

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11 -2 A-508 is subject to this article. However, until the debtor obtains possession of the goods:
(1) The security interest is enforceable, even if paragraph (3) of subsection (b) of Code Section 11-9-203 has not been satisfied; (2) Filing is not required to perfect the security interest; (3) The rights of the secured party after default by the debtor are governed by Article 2 or 2A of this title; and (4) The security interest has priority over a conflicting security interest created by the debtor.
11-9-111. Applicability of bulk transfer laws. The creation of a security interest is not a bulk transfer under Article 6 of this title (see Code Section 11-6-103).
Part 2 Effectiveness of Security Agreement;
Attachment of Security Interest; Rights of Parties to Security Agreement
Subpart 1 Effectiveness and Attachment
11-9-201. General effectiveness of security agreement. (a) General effectiveness. Except as otherwise provided in this title, a security agreement is effective according to its terms between the parties, against purchasers of the collateral, and against creditors. (b) Applicable consumer laws and other law. A transaction subject to this article is subject to any applicable rule of law which establishes a different rule for consumers and is subject to Chapter 3 of Title 7; Chapter 4 of Title 7; and Article 1 of Chapter 1 of Title 10. (c) Other applicable law controls. In case of conflict between this article and a rule of law, statute, or regulation described in subsection (b) of this Code section, the rule of law, statute, or regulation controls. Failure to comply with a statute or regulation described in subsection (b) of this Code section has only the effect the statute or regulation specifies. (d) Further deference to other applicable law. This article does not:
(1) Validate any rate, charge, agreement, or practice that violates a rule of law, statute, or regulation described in subsection (b) of this Code section; or (2) Extend the application of the rule of law, statute, or regulation to a transaction not otherwise subject to it.
11-9-202. Title to collateral immaterial. Except as otherwise provided with respect to consignments or sales of accounts, chattel paper, payment intangibles, or promissory notes, the provisions of this article with regard to rights and obligations apply whether title to collateral is in the secured party or the debtor.

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11-9-203. Attachment and enforceability of security interest; proceeds; supporting obligations; formal requisites.
(a) Attachment. A security interest attaches to collateral when it becomes enforceable against the debtor with respect to the collateral, unless an agreement expressly postpones the time of attachment. (b) Enforceability. Except as otherwise provided in subsections (c) through (i) of this Code section, a security interest is enforceable against the debtor and third parties with respect to the collateral only if:
(1) Value has been given; (2) The debtor has rights in the collateral or the power to transfer rights in the collateral to a secured party; and (3) One of the following conditions is met:
(A) The debtor has authenticated a security agreement that provides a description of the collateral and, if the security interest covers timber to be cut, a description of the land concerned; (B) The collateral is not a certificated security and is in the possession of the secured party under Code Section 11 -9-313 pursuant to the debtor's security agreement; (C) The collateral is a certificated security in registered form and the security certificate has been delivered to the secured party under Code Section 11-8-301 pursuant to the debtor's security agreement; or (D) The collateral is deposit accounts, electronic chattel paper, investment property, or letter of credit rights, and the secured party has control under Code Section 11-9-104, 11-9-105, 11-9-106, or 11-9-107 pursuant to the debtor's security agreement. (c) Other provisions ofthis title. Subsection (b) of this Code section is subject to Code Section 11-4-210 on the security interest of a collecting bank, Code Section 11-5-118 on the security interest of a letter of credit issuer or nominated person, Code Section 11-9-110 on a security interest arising under Article 2 or 2A of this title, and Code Section 11-9-206 on security interests in investment property. (d) When person becomes bound by another person 's security agreement. A person becomes bound as debtor by a security agreement entered into by another person if, by operation of law other than this article or by contract: (1) The security agreement becomes effective to create a security interest in the person's property; or (2) The person becomes generally obligated for the obligations of the other person, including the obligation secured under the security agreement, and acquires or succeeds to all or substantially all of the assets of the other person. (e) Effect of new debtor becoming bound. If a new debtor becomes bound as debtor by a security agreement entered into by another person: (1) The agreement satisfies paragraph (3) of subsection (b) of this Code section with respect to existing or after acquired property of the new debtor to the extent the property is described in the agreement; and

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(2) Another agreement is not necessary to make a security interest in the property enforceable. (f) Proceeds and supporting obligations. The attachment of a security interest in collateral gives the secured party the rights to proceeds provided by Code Section 11-9-315 and is also attachment of a security interest in a supporting obligation for the collateral. (g) Lien securing right to payment. The attachment of a security interest in a right to payment or performance secured by a security interest or other lien on personal or real property is also attachment of a security interest in the security interest, mortgage, or other lien. (h) Security entitlement carried in securities account. The attachment of a security interest in a securities account is also attachment of a security interest in the security entitlements carried in the securities account. (i) Commodity contracts carried in commodity account. The attachment of a security interest in a commodity account is also attachment of a security interest in the commodity contract carried in the commodity account.
11-9-204. After acquired property; future advances. (a) After acquired collateral. Except as otherwise provided in subsection (b) of this Code section, a security agreement may create or provide for a security interest in after acquired collateral. (b) When after acquired property clause not effective. A security interest does not attach under a term constituting an after acquired property clause to:
(1) Consumer goods, other than an accession when given as additional security, unless the debtor acquires rights in them within ten days after the secured party gives value; or (2) A commercial tort claim. (c) Future advances and other value. A security agreement may provide that collateral secures, or that accounts, chattel paper, payment intangibles, or promissory notes are sold in connection with, future advances or other value, whether or not the advances or value are given pursuant to commitment.
11-9-205. Use or disposition of collateral permissible. (a) When security interest not invalid or fraudulent. A security interest is not invalid or fraudulent against creditors solely because:
(1) The debtor has the right or ability to: (A) Use, commingle, or dispose of all or part of the collateral, including returned or repossessed goods; (B) Collect, compromise, enforce, or otherwise deal with collateral; (C) Accept the return of collateral or make repossessions; or (D) Use, commingle, or dispose of proceeds; or
(2) The secured party fails to require the debtor to account for proceeds or replace collateral.

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(b) Requirements ofpossession not relaxed. This Code section does not relax the requirements of possession if attachment, perfection, or enforcement of a security interest depends upon possession of the collateral by the secured party.
11 -9-206. Security interest arising in purchase or delivery of financial asset. (a) Security interest when person buys through securities intermediary. A security interest in favor of a securities intermediary attaches to a person's security entitlement if:
(1) The person buys a financial asset through the securities intermediary in a transaction in which the person is obligated to pay the purchase price to the securities intermediary at the time of the purchase; and (2) The securities intermediary credits the financial asset to the buyer's securities account before the buyer pays the securities intermediary. (b) Security interest secures obligation to payforfinancial asset. The security interest described in subsection (a) of this Code section secures the person's obligation to pay for the financial asset. (c) Security interest inpayment against delivery transaction. A security interest in favor of a person that delivers a certificated security or other financial asset represented by a writing attaches to the security or other financial asset if: (1) The security or other financial asset:
(A) In the ordinary course of business is transferred by delivery with any necessary indorsement or assignment; and (B) Is delivered under an agreement between persons in the business of dealing with such securities or financial assets; and (2) The agreement calls for delivery against payment. (d) Security interest secures obligation to payfor delivery. The security interest described in subsection (c) of this Code section secures the obligation to make payment for the delivery.
Subpart 2 Rights and Duties
11-9-207. Rights and duties of secured party having possession or control of collateral.
(a) Duty of care when secured party in possession. Except as otherwise provided in subsection (d) of this Code section, a secured party shall use reasonable care in the custody and preservation of collateral in the secured party's possession. In the case of chattel paper or an instrument, reasonable care includes taking necessary steps to preserve rights against prior parties unless otherwise agreed. (b) Expenses, risks, duties, and rights when securedparty in possession. Except as otherwise provided in subsection (d) of this Code section, if a secured party has possession of collateral:

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(1) Reasonable expenses, including the cost of insurance and payment oftaxes or other charges, incurred in the custody, preservation, use, or operation of the collateral are chargeable to the debtor and are secured by the collateral; (2) The risk of accidental loss or damage is on the debtor to the extent of a deficiency in any effective insurance coverage; (3) The secured party shall keep the collateral identifiable, but fungible collateral may be commingled; and (4) The secured party may use or operate the collateral:
(A) For the purpose of preserving the collateral or its value; (B) As permitted by an order of a court having competent jurisdiction; or (C) Except in the case of consumer goods, in the manner and to the extent agreed by the debtor. (c) Duties and rights when secured party in possession or control. Except as otherwise provided in subsection (d) of this Code section, a secured party having possession of collateral or control of collateral under Code Section 11-9-104, 11-9-105, 11-9-106, or 11-9-107: (1) May hold as additional security any proceeds, except money or funds, received from the collateral; (2) Shall apply money or funds received from the collateral to reduce the secured obligation, unless remitted to the debtor; and (3) May create a security interest in the collateral. (d) Buyer of certain rights to payment. If the secured party is a buyer of accounts, chattel paper, payment intangibles, or promissory notes or a consignor: (1) Subsection (a) of this Code section does not apply unless the secured party is entitled under an agreement: (A) To charge back uncollected collateral; or (B) Otherwise to full or limited recourse against the debtor or a secondary obligor based on the nonpayment or other default of an account debtor or other obligor on the collateral; and (2) Subsections (b) and (c) of this Code section do not apply.
11-9-208. Additional duties of secured party having control of collateral. (a) Applicability of Code section. This Code section applies to cases in which there is no outstanding secured obligation and the secured party is not committed to make advances, incur obligations, or otherwise give value. (b) Duties ofsecuredparty after receiving demandfrom debtor. Within ten days after receiving an authenticated demand by the debtor:
(1) A secured party having control of a deposit account under paragraph (2) of subsection (a) of Code Section 11-9-104 shall send to the bank with which the deposit account is maintained an authenticated statement that releases the bank from any further obligation to comply with instructions originated by the secured party; (2) A secured party having control of a deposit account under paragraph (3) of subsection (a) of Code Section 11-9-104 shall:
(A) Pay the debtor the balance on deposit in the deposit account; or

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(B) Transfer the balance on deposit into a deposit account in the debtor's name; (3) A secured party, other than a buyer, having control of electronic chattel paper under Code Section 11-9-105 shall: (A) Communicate the authoritative copy of the electronic chattel paper to the debtor or its designated custodian; (B) If the debtor designates a custodian that is the designated custodian with which the authoritative copy of the electronic chattel paper is maintained for the secured party, communicate to the custodian an authenticated record releasing the designated custodian from any further obligation to comply with instructions originated by the secured party and instructing the custodian to comply with instructions originated by the debtor; and (C) Take appropriate action to enable the debtor or its designated custodian to make copies of or revisions to the authoritative copy which add or change an identified assignee of the authoritative copy without the consent of the secured party; (4) A secured party having control of investment property under paragraph (2) of subsection (d) of Code Section 11-8-106 or subsection (b) of Code Section 11-9-106 shall send to the securities intermediary or commodity intermediary with which the security entitlement or commodity contract is maintained an authenticated record that releases the securities intermediary or commodity intermediary from any further obligation to comply with entitlement orders or directions originated by the secured party; and (5) A secured party having control of a letter of credit right under Code Section 11-9-107 shall send to each person having an unfulfilled obligation to pay or deliver proceeds of the letter of credit to the secured party an authenticated release from any further obligation to pay or deliver proceeds of the letter of credit to the secured party.
11-9-209. Duties of secured party if account debtor has been notified of assignment.
(a) Applicability ofCode section. Except as otherwise provided in subsection (c) of this Code section, this Code section applies if:
(1) There is no outstanding secured obligation; and (2) The secured party is not committed to make advances, incur obligations, or otherwise give value. (b) Duties ofsecuredparty after receiving demandfrom debtor. Within ten days after receiving an authenticated demand by the debtor, a secured party shall send to an account debtor that has received notification of an assignment to the secured party as assignee under subsection (a) of Code Section 11 -9-406 an authenticated record that releases the account debtor from any further obligation to the secured party. (c) Inapplicability to sales. This Code section does not apply to an assignment constituting the sale of an account, chattel paper, or payment intangible.

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11-9-210. Request for accounting; request regarding list of collateral or statement of account.
(a) Definitions. As used in this Code section, the term: (1) 'Request' means a record of a type described in paragraph (2), (3), or (4) of this subsection. (2) 'Request for an accounting' means a record authenticated by a debtor requesting that the recipient provide an accounting of the unpaid obligations secured by collateral and reasonably identifying the transaction or relationship that is the subject of the request. (3) 'Request regarding a list of collateral' means a record authenticated by a debtor requesting that the recipient approve or correct a list of what the debtor believes to be the collateral securing an obligation and reasonably identifying the transaction or relationship that is the subject of the request. (4) 'Request regarding a statement of account' means a record authenticated by a debtor requesting that the recipient approve or correct a statement indicating what the debtor believes to be the aggregate amount of unpaid obligations secured by collateral as of a specified date and reasonably identifying the transaction or relationship that is the subject of the request.
(b) Duty to respond to requests. Subject to subsections (c), (d), (e), and (f) of this Code section, a secured party, other than a buyer of accounts, chattel paper, payment intangibles, or promissory notes or a consignor, shall comply with a request within 14 days after receipt:
(1) In the case of a request for an accounting, by authenticating and sending to the debtor an accounting; and (2) In the case of a request regarding a list of collateral or a request regarding a statement of account, by authenticating and sending to the debtor an approval or correction. (c) Request regarding list ofcollateral; statement concerning type ofcollateral. A secured party that claims a security interest in all of a particular type of collateral owned by the debtor may comply with a request regarding a list of collateral by sending to the debtor an authenticated record including a statement to that effect within 14 days after receipt. (d) Request regarding list of collateral; no interest claimed. A person that receives a request regarding a list of collateral, claims no interest in the collateral when it receives the request, and claimed an interest in the collateral at an earlier time shall comply with the request within 14 days after receipt by sending to the debtor an authenticated record: (1) Disclaiming any interest in the collateral; and (2) If known to the recipient, providing the name and mailing address of any assignee of or successor to the recipient's interest in the collateral. (e) Request for accounting or regarding a statement of account; no interest in obligation claimed. A person that receives a request for an accounting or a request regarding a statement of account, claims no interest in the obligations when it receives the request, and claimed an interest in the obligations at an

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earlier time shall comply with the request within 14 days after receipt by sending to the debtor an authenticated record:
(1) Disclaiming any interest in the obligations; and (2) If known to the recipient, providing the name and mailing address of any assignee of or successor to the recipient's interest in the obligations, (f) Charges for responses. A debtor is entitled without charge to one response to a request under this Code section during any six-month period. The secured party may require payment of a charge not exceeding $ 10.00 for each additional response.
PartS Perfection and Priority
Subpart 1 Law Governing Perfection and Priority
11-9-301. Law governing perfection and priority of security interests. Except as otherwise provided in Code Sections 11-9-303 through 11-9-306, the following rules determine the law governing perfection, the effect of perfection or nonperfection, and the priority of a security interest in collateral:
(1) Except as otherwise provided in this Code section, while a debtor is located in a jurisdiction, the local law of that jurisdiction governs perfection, the effect of perfection or nonperfection, and the priority of a security interest in collateral; (2) While collateral is located in a jurisdiction, the local law of that jurisdiction governs perfection, the effect of perfection or nonperfection, and the priority of a possessory security interest in that collateral; (3) Except as otherwise provided in paragraph (4) of this Code section, while negotiable documents, goods, instruments, money, or tangible chattel paper is located in a jurisdiction, the local law of that jurisdiction governs:
(A) Perfection of a security interest in the goods by filing a fixture filing; (B) Perfection of a security interest in timber to be cut; (C) Perfection of a security interest in crops; and (D) The effect of perfection or nonperfection and the priority of a nonpossessory security interest in the collateral; and (4) The local law of the jurisdiction in which the wellhead or minehead is located governs perfection, the effect of perfection or nonperfection, and the priority of a security interest in as-extracted collateral.
11-9-302. Law governing perfection and priority of agricultural liens. While farm products are located in ajurisdiction, the local law of that jurisdiction governs perfection, the effect of perfection or nonperfection, and the priority of an agricultural lien on the farm products.

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11-9-303. Law governing perfection and priority of security interests in goods covered by a certificate of title.
(a) Applicability of Code section. This Code section applies to goods covered by a certificate of title, even if there is no other relationship between the jurisdiction under whose certificate of title the goods are covered and the goods or the debtor. (b) When goods covered by certificate of title. Goods become covered by a certificate of title when a valid application for the certificate of title and the applicable fee are delivered to the appropriate authority. Goods cease to be covered by a certificate of title at the earlier of the time the certificate of title ceases to be effective under the law of the issuing jurisdiction or the time the goods become covered subsequently by a certificate of title issued by another jurisdiction. (c) Applicable law. The local law of the jurisdiction under whose certificate of title the goods are covered governs perfection, the effect of perfection or nonperfection, and the priority of a security interest in goods covered by a certificate of title from the time the goods become covered by the certificate of title until the goods cease to be covered by the certificate of title.
11-9-304. Law governing perfection and priority of security interests in deposit accounts.
(a) Law ofbank's jurisdiction governs. The local law of a bank's jurisdiction governs perfection, the effect of perfection or nonperfection, and the priority of a security interest in a deposit account maintained with that bank. (b) Bank'sjurisdiction. The following rules determine a bank's jurisdiction for purposes of this part:
(1) If an agreement between the bank and the debtor governing the deposit account expressly provides that a particular jurisdiction is the bank's jurisdiction for purposes of this part, this article, or this title, that jurisdiction is the bank's jurisdiction; (2) If paragraph (1) of this subsection does not apply and an agreement between the bank and its customer governing the deposit account expressly provides that the agreement is governed by the law of a particular jurisdiction, that jurisdiction is the bank's jurisdiction; (3) Ifneither paragraph (1) nor (2) ofthis subsection applies and an agreement between the bank and its customer governing the deposit account expressly provides that the deposit account is maintained at an office in a particular jurisdiction, that jurisdiction is the bank's jurisdiction; (4) If none of the preceding paragraphs of this subsection applies, the bank's jurisdiction is the jurisdiction in which the office identified in an account statement as the office serving the customer's account is located; and (5) If none of the preceding paragraphs of this subsection applies, the bank's jurisdiction is the jurisdiction in which the chief executive office of the bank is located.

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11-9-305. Law governing perfection and priority of security interests in investment property.
(a) Governing law; general rules. Except as otherwise provided in subsection (c) of this Code section, the following rules apply:
(1) While a security certificate is located in ajurisdiction, the local law of that jurisdiction governs perfection, the effect of perfection or nonperfection, and the priority of a security interest in the certificated security represented thereby; (2) The local law of the issuer's jurisdiction as specified in subsection (d) of Code Section 11-8-110 governs perfection, the effect of perfection or nonperfection, and the priority of a security interest in an uncertificated security; (3) The local law of the securities intermediary's jurisdiction as specified in subsection (e) of Code Section 11-8-110 governs perfection, the effect of perfection or nonperfection, and the priority of a security interest in a security entitlement or securities account; and (4) The local law of the commodity intermediary's jurisdiction governs perfection, the effect of perfection or nonperfection, and the priority of a security interest in a commodity contract or commodity account. (b) Commodity intermediary's jurisdiction. The following rules determine a commodity intermediary's jurisdiction for purposes of this part: (1) If an agreement between the commodity intermediary and commodity customer governing the commodity account expressly provides that a particular jurisdiction is the commodity intermediary's jurisdiction for purposes of this part, this article, or this title, that jurisdiction is the commodity intermediary's jurisdiction; (2) If paragraph (1) of this subsection does not apply and an agreement between the commodity intermediary and commodity customer governing the commodity account expressly provides that the agreement is governed by the law of a particular jurisdiction, that jurisdiction is the commodity intermediary's jurisdiction; (3) Ifneither paragraph (1) nor (2) ofthis subsection applies and an agreement between the commodity intermediary and commodity customer governing the commodity account expressly provides that the commodity account is maintained at an office in a particular jurisdiction, that jurisdiction is the commodity intermediary's jurisdiction; (4) If none of the preceding paragraphs of this subsection applies, the commodity intermediary's jurisdiction is the jurisdiction in which the office identified in an account statement as the office serving the commodity customer's account is located; and (5) If none of the preceding paragraphs of this subsection applies, the commodity intermediary's jurisdiction is the jurisdiction in which the chief executive office of the commodity intermediary is located. (c) When perfection governed by law ofjurisdiction where debtor located. The local law of the jurisdiction in which the debtor is located governs:

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(1) Perfection of a security interest in investment property by filing; (2) Automatic perfection of a security interest in investment property created by a broker or securities intermediary; and (3) Automatic perfection of a security interest in a commodity contract or commodity account created by a commodity intermediary.
11-9-306. Law governing perfection and priority of security interests in letter of credit rights.
(a) Governing law; issuer's or nominated person's jurisdiction. Subject to subsection (c) of this Code section, the local law of the issuer's jurisdiction or a nominated person's jurisdiction governs perfection, the effect of perfection or nonperfection, and the priority of a security interest in a letter ofcredit right ifthe issuer's jurisdiction or nominated person's jurisdiction is a state. (b) Issuer's or nominated person s jurisdiction. For purposes of this part, an issuer's jurisdiction or nominated person's jurisdiction is the jurisdiction whose law governs the liability of the issuer or nominated person with respect to the letter of credit right as provided in Code Section 11-5-116. (c) When Code section not applicable. This Code section does not apply to a security interest that is perfected only under subsection (d) of Code Section 11-9-308.
11 -9-307. Location of debtor. (a) 'Place ofbusiness.' As used in this Code section, the term 'place of business' means a place where a debtor conducts its affairs. (b) Debtor's location; general rules. Except as otherwise provided in this Code section, the following rules determine a debtor's location:
(1) A debtor who is an individual is located at the individual's principal residence; (2) A debtor that is an organization and has only one place of business is located at its place of business; and (3) A debtor that is an organization and has more than one place of business is located at its chief executive office. (c) Limitation of applicability of subsection (b) of this Code section. Subsection (b) of this Code section applies only if a debtor's residence, place of business, or chief executive office, as applicable, is located in a jurisdiction whose law generally requires information concerning the existence of a nonpossessory security interest to be made generally available in a filing, recording, or registration system as a condition or result of the security interest's obtaining priority over the rights of a lien creditor with respect to the collateral. If subsection (b) of this Code section does not apply, the debtor is located in the District of Columbia. (d) Continuation oflocation; cessation ofexistence, etc. A person that ceases to exist, have a residence, or have a place of business continues to be located in the jurisdiction specified by subsections (b) and (c) of this Code section.

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(e) Location ofregistered organization organized under state law. A registered organization that is organized under the law of a state is located in that state. (f) Location of registered organization organized under federal law; bank branches and agencies. Except as otherwise provided in subsection (i) of this Code section, a registered organization that is organized under the law of the United States and a branch or agency of a bank that is not organized under the law of the United States or a state are located:
(1) In the state that the law of the United States designates, if the law designates a state of location; (2) In the state that the registered organization, branch, or agency designates, if the law of the United States authorizes the registered organization, branch, or agency to designate its state of location; or (3) In the District of Columbia, if neither paragraph (1) nor (2) of this subsection applies. (g) Continuation of location; change in status of registered organization. A registered organization continues to be located in the jurisdiction specified by subsection (e) or (f) of this Code section notwithstanding: (1) The suspension, revocation, forfeiture, or lapse of the registered organization's status as such in its jurisdiction of organization; or (2) The dissolution, winding up, or cancellation of the existence of the registered organization. (h) Location of United States. The United States is located in the District of Columbia. (i) Location offoreign bank branch or agency iflicensed in only one state. A branch or agency of a bank that is not organized under the law of the United States or a state is located in the state in which the branch or agency is licensed, if all branches and agencies of the bank are licensed in only one state, (j) Location offoreign air carrier. A foreign air carrier under the Federal Aviation Act of 1958, as amended, is located at the designated office of the agent upon which service of process may be made on behalf of the carrier, (k) Code section applies only to this part. This Code section applies only for purposes of this part.
Subpart 2 Perfection
11 -9-308. When security interest or agricultural lien is perfected; continuity of perfection.
(a) Perfection ofsecurity interest. Except as otherwise provided in this Code section and Code Section 11-9-309, a security interest is perfected if it has attached and all of the applicable requirements for perfection in Code Sections 11 -9-310 through 11 -9-316 have been satisfied. A security interest is perfected when it attaches if the applicable requirements are satisfied before the security interest attaches.

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(b) Perfection of agricultural lien. An agricultural lien is perfected if it has become effective and all of the applicable requirements for perfection in Code Section 11 -9-310 have been satisfied. An agricultural lien is perfected when it becomes effective if the applicable requirements are satisfied before the agricultural lien becomes effective. (c) Continuous perfection; perfection by different methods. A security interest or agricultural lien is perfected continuously if it is originally perfected by one method under this article and is later perfected by another method under this article, without an intermediate period when it was unperfected. (d) Supporting obligation. Perfection of a security interest in collateral also perfects a security interest in a supporting obligation for the collateral. (e) Lien securing right to payment. Perfection of a security interest in a right to payment or performance also perfects a security interest in a security interest, mortgage, or other lien on personal or real property securing the right. (f) Security entitlement carried in securities account. Perfection of a security interest in a securities account also perfects a security interest in the security entitlements carried in the securities account. (g) Commodity contract carried in commodity account. Perfection of a security interest in a commodity account also perfects a security interest in the commodity contracts carried in the commodity account.
11-9-309. Security interest perfected upon attachment. The following security interests are perfected when they attach:
(1) A purchase money security interest in consumer goods, except as otherwise provided in subsection (b) of Code Section 11 -9-311 with respect to consumer goods that are subject to a statute or treaty described in subsection (a) of Code Section 11-9-311; (2) An assignment of accounts or payment intangibles which does not by itself or in conjunction with other assignments to the same assignee transfer a significant part of the assignor's outstanding accounts or payment intangibles; (3) A sale of a payment intangible; (4) A sale of a promissory note; (5) A security interest created by the assignment of a health care insurance receivable to the provider of the health care goods or services; (6) A security interest arising under Code Section 11-2-401 or 11-2-505, subsection (3) of Code Section 11-2-711, or subsection (5) of Code Section 11-2A-508, until the debtor obtains possession of the collateral; (7) A security interest of a collecting bank arising under Code Section 11-4-210; (8) A security interest of an issuer or nominated person arising under Code Section 11-5-118; (9) A security interest arising in the delivery of a financial asset under subsection (c) of Code Section 11-9-206; (10) A security interest in investment property created by a broker or securities intermediary;

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(11) A security interest in a commodity contract or a commodity account created by a commodity intermediary; (12) An assignment for the benefit of all creditors of the transferor and subsequent transfers by the assignee thereunder; and (13) A security interest created by an assignment of a beneficial interest in a decedent's estate.
11-9-310. When filing required to perfect security interest or agricultural lien; security interests and agricultural liens to which Tiling provisions do not apply.
(a) General rule; perfection by filing. Except as otherwise provided in subsection (b) of this Code section and subsection (b) of Code Section 11 -9-312, a financing statement must be filed to perfect all security interests and agricultural liens. (b) Exceptions; filing not necessary. The filing of a financing statement is not necessary to perfect a security interest:
(1) That is perfected under subsection (d), (e), (f), or (g) of Code Section 11-9-308; (2) That is perfected under Code Section 11-9-309 when it attaches; (3) In property subject to a statute, regulation, or treaty described in subsection (a) of Code Section 11-9-311; (4) In goods in possession of a bailee which is perfected under paragraph (1) or (2) of subsection (d) of Code Section 11-9-312; (5) In certificated securities, documents, goods, or instruments which is perfected without filing or possession under subsection (e), (f), or (g) of Code Section 11-9-312; (6) In collateral in the secured party's possession under Code Section 11-9-313; (7) In a certificated security which is perfected by delivery of the security certificate to the secured party under Code Section 11-9-313; (8) In deposit accounts, electronic chattel paper, investment property, or letter of credit rights which is perfected by control under Code Section 11-9-314; (9) In proceeds which is perfected under Code Section 11 -9-315; or (10) That is perfected under Code Section 11 -9-316., (c) Assignment of perfected security interest. If a secured party assigns a perfected security interest or agricultural lien, a filing under this article is not required to continue the perfected status ofthe security interest against creditors of and transferees from the original debtor.
11-9-311. Perfection of security interests in property subject to certain statutes, regulations, and treaties.
(a) Security interest subject to other law. Except as otherwise provided in subsection (d) of this Code section, the filing of a financing statement is not necessary or effective to perfect a security interest in property subject to:

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(1) A statute, regulation, or treaty ofthe United States whose requirements for a security interest's obtaining priority over the rights of a lien creditor with respect to the property preempt subsection (a) of Code Section 11-9-310; (2) Chapter 3 of Title 40; or (3) A certificate of title statute of another jurisdiction which provides for a security interest to be indicated on the certificate as a condition or result of the security interest's obtaining priority over the rights of a lien creditor with respect to the property. (b) Compliance with other law. Compliance with the requirements of a statute, regulation, or treaty described in subsection (a) ofthis Code section for obtaining priority over the rights of a lien creditor is equivalent to the filing of a financing statement under this article. Except as otherwise provided in subsection (d) of this Code section, in Code Section 11-9-313, and in subsections (d) and (e) of Code Section 11-9-316 for goods covered by a certificate of title, a security interest in property subject to a statute, regulation, or treaty described in subsection (a) of this Code section may be perfected only by compliance with those requirements, and a security interest so perfected remains perfected notwithstanding a change in the use or transfer of possession of the collateral. (c) Duration and renewal of perfection. Except as otherwise provided in subsection (d) of this Code section and subsections (d) and (e) of Code Section 11-9-316, duration and renewal of perfection of a security interest perfected by compliance with the requirements prescribed by a statute, regulation, or treaty described in subsection (a) of this Code section are governed by the statute, regulation, or treaty. In other respects, the security interest is subject to this article. (d) Inapplicability to certain inventory. During any period in which collateral subject to a statute specified in paragraph (2) of subsection (a) of this Code section is inventory held for sale or lease by a person or leased by that person as lessor and that person is in the business of selling goods of that kind, this Code section does not apply to a security interest in that collateral created by that person.
11 -9-3 12. Perfection ofsecurity interests in chattel paper, deposit accounts, documents, goods covered by documents, instruments, investment property, letter of credit rights, and money; perfection by permissive filing; temporary perfection without filing or transfer of possession.
(a) Perfection byfilingpermitted. A security interest in chattel paper, negotiable documents, instruments, or investment property may be perfected by filing. (b) Control or possession ofcertain collateral. Except as otherwise provided in subsections (c) and (d) of Code Section 11-9-315 for proceeds:
(1) A security interest in a deposit account may be perfected only by control under Code Section 11-9-314;

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(2) Except as otherwise provided in subsection (d) of Code Section 11 -9-308, a security interest in a letter of credit right may be perfected only by control under Code Section 11-9-314; and (3) A security interest in money may be perfected only by the secured party's taking possession under Code Section 11-9-313. (c) Goods covered by negotiable document. While goods are in the possession of a bailee that has issued a negotiable document covering the goods: (1) A security interest in the goods may be perfected by perfecting a security interest in the document; and (2) A security interest perfected in the document has priority over any security interest that becomes perfected in the goods by another method during that time. (d) Goods covered by nonnegotiable document. While goods are in the possession of a bailee that has issued a nonnegotiable document covering the goods, a security interest in the goods may be perfected by: (1) Issuance of a document in the name of the secured party; (2) The bailee's receipt of notification of the secured party's interest; or (3) Filing as to the goods. (e) Temporary perfection; new value. A security interest in certificated securities, negotiable documents, or instruments is perfected without filing or the taking of possession for a period of 20 days from the time it attaches to the extent that it arises for new value given under an authenticated security agreement. (f) Temporary perfection; goods or documents made available to debtor. A perfected security interest in a negotiable document or goods in possession of a bailee, other than one that has issued a negotiable document for the goods, remains perfected for 20 days without filing if the secured party makes available to the debtor the goods or documents representing the goods for the purpose of: (1) Ultimate sale or exchange; or (2) Loading, unloading, storing, shipping, transshipping, manufacturing, processing, or otherwise dealing with them in a manner preliminary to their sale or exchange. (g) Temporary perfection; delivery of security certificate or instrument to debtor. A perfected security interest in a certificated security or instrument remains perfected for 20 days without filing if the secured party delivers the security certificate or instrument to the debtor for the purpose of: (1) Ultimate sale or exchange; or (2) Presentation, collection, enforcement, renewal, or registration of transfer, (h) Expiration of temporary perfection. After the 20 day period specified in subsection (e), (f), or (g) of this Code section expires, perfection depends upon compliance with this article.
11 -9-313. When possession by or delivery to secured party perfects security interest without filing.
(a) Perfection by possession or delivery. Except as otherwise provided in subsection (b) ofthis Code section, a secured party may perfect a security interest

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in negotiable documents, goods, instruments, money, or tangible chattel paper by taking possession of the collateral. A secured party may perfect a security interest in certificated securities by taking delivery of the certificated securities under Code Section 11-8-301. (b) Goods covered by certificate of title. With respect to goods covered by a certificate of title issued by this state, a secured party may perfect a security interest in the goods by taking possession of the goods only in the circumstances described in subsection (d) of Code Section 11-9-316. (c) Collateral in possession of person other than debtor. With respect to collateral other than certificated securities and goods covered by a document, a secured party takes possession of collateral in the possession of a person other than the debtor, the secured party, or a lessee of the collateral from the debtor in the ordinary course of the debtor's business, when:
(1) The person in possession authenticates a record acknowledging that it holds possession of the collateral for the secured party's benefit; or (2) The person takes possession of the collateral after having authenticated a record acknowledging that it will hold possession of collateral for the secured party's benefit. (d) Time ofperfection by possession; continuation ofperfection. If perfection of a security interest depends upon possession of the collateral by a secured party, perfection occurs no earlier than the time the secured party takes possession and continues only while the secured party retains possession. (e) Time ofperfection by delivery; continuation ofperfection. A security interest in a certificated security in registered form is perfected by delivery when delivery of the certificated security occurs under Code Section 11-8-301 and remains perfected by delivery until the debtor obtains possession of the security certificate. (f) Acknowledgment not required. A person in possession of collateral is not required to acknowledge that it holds possession for a secured party's benefit. (g) Effectiveness of acknowledgment; no duties or confirmation. If a person acknowledges that it holds possession for the secured party's benefit: (1) The acknowledgment is effective under subsection (c) ofthis Code section or subsection (a) of Code Section 11-8-301, even if the acknowledgment violates the rights of a debtor; and (2) Unless the person otherwise agrees or law other than this article otherwise provides, the person does not owe any duty to the secured party and is not required to confirm the acknowledgment to another person, (h) Securedparty's delivery toperson other than debtor. A secured party having possession ofcollateral does not relinquish possession by delivering the collateral to a person other than the debtor or a lessee of the collateral from the debtor in the ordinary course of the debtor's business if the person was instructed before the delivery or is instructed contemporaneously with the delivery: (1) To hold possession of the collateral for the secured party's benefit; or (2) To redeliver the collateral to the secured party.

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(i) Effect of delivery under subsection (h) of this Code section; no duties or confirmation. A secured party does not relinquish possession, even if a delivery under subsection (h) of this Code section violates the rights of a debtor. A person to which collateral is delivered under subsection (h) ofthis Code section does not owe any duty to the secured party and is not required to confirm the delivery to another person unless the person otherwise agrees or law other than this article otherwise provides.
11-9-314. Perfection by control. (a) Perfection by control. A security interest in investment property, deposit accounts, letter of credit rights, or electronic chattel paper may be perfected by control of the collateral under Code Section 11-9-104, 11-9-105, 11-9-106, or 11-9-107. (b) Specifiedcollateral; time ofperfection by control; continuation ofperfection. A security interest in deposit accounts, electronic chattel paper, or letter of credit rights is perfected by control under Code Section 11-9-104, 11-9-105, or 11-9-107 when the secured party obtains control and remains perfected by control only while the secured party retains control. (c) Investment property; time of perfection by control; continuation of perfection. A security interest in investment property is perfected by control under Code Section 11-9-106 from the time the secured party obtains control and remains perfected by control until:
(1) The secured party does not have control; and (2) One of the following occurs:
(A) If the collateral is a certificated security, the debtor has or acquires possession of the security certificate; (B) If the collateral is an uncertificated security, the issuer has registered or registers the debtor as the registered owner; or (C) If the collateral is a security entitlement, the debtor is or becomes the entitlement holder.
11-9-315. Secured party's rights on disposition of collateral and in proceeds.
(a) Disposition of collateral; continuation of security interest or agricultural lien; proceeds. Except as otherwise provided in this article and in subsection (2) of Code Section 11-2-403:
(1) A security interest or agricultural lien continues in collateral notwithstanding sale, lease, license, exchange, or other disposition thereof unless the secured party authorized the disposition free of the security interest or agricultural lien; and (2) A security interest attaches to any identifiable proceeds of collateral. (b) When commingledproceeds identifiable. Proceeds that are commingled with other property are identifiable proceeds: (1) If the proceeds are goods, to the extent provided by Code Section 11-9-336: and

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(2) Ifthe proceeds are not goods, to the extent that the secured party identifies the proceeds by a method of tracing, including application of equitable principles, that is permitted under law other than this article with respect to commingled property of the type involved. (c) Perfection ofsecurity interest in proceeds. A security interest in proceeds is a perfected security interest ifthe security interest in the original collateral was perfected. (d) Continuation of perfection. A perfected security interest in proceeds becomes unperfected on the twenty-first day after the security interest attaches to the proceeds unless: (1) The following conditions are satisfied:
(A) A filed financing statement covers the original collateral; (B) The proceeds are collateral in which a security interest may be perfected by filing in the office in which the financing statement has been filed; and (C) The proceeds are not acquired with cash proceeds; (2) The proceeds are identifiable cash proceeds; or (3) The security interest in the proceeds is perfected other than under subsection (c) of this Code section when the security interest attaches to the proceeds or within 20 days thereafter. (e) When perfected security interest in proceeds becomes unperfected. If a filed financing statement covers the original collateral, a security interest in proceeds which remains perfected under paragraph (1) of subsection (d) of this Code section becomes unperfected at the later of: (1) When the effectiveness of the filed financing statement lapses under Code Section 11-9-515 or is terminated under Code Section 11-9-513; or (2) The twenty-first day after the security interest attaches to the proceeds.
11-9-316. Continued perfection of security interest following change in governing law.
(a) General rule; effect on perfection of change in governing law. A security interest perfected pursuant to the law of the jurisdiction designated in paragraph (1) of Code Section 11-9-301 or subsection (c) of Code Section 11-9-305 remains perfected until the earliest of:
(1) The time perfection would have ceased under the law of that jurisdiction; (2) The expiration of four months after a change of the debtor's location to another jurisdiction; or (3) The expiration of one year after a transfer of collateral to a person that thereby becomes a debtor and is located in another jurisdiction. (b) Security interest perfected or unperfected under law ofne\vjurisdiction. If a security interest described in subsection (a) of this Code section becomes perfected under the law of the other jurisdiction before the earliest time or event described in that subsection, it remains perfected thereafter. If the security interest does not become perfected under the law ofthe other jurisdiction before the earliest time or event, it becomes unperfected and is deemed never to have been perfected as against a purchaser of the collateral for value.

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(c) Possessory security interest in collateral moved to new jurisdiction. A possessory security interest in collateral, other than goods covered by a certificate of title and as-extracted collateral consisting of goods, remains continuously perfected if:
(1) The collateral is located in one jurisdiction and subject to a securityinterest perfected under the law of that jurisdiction; (2) Thereafter the collateral is brought into another jurisdiction; and (3) Upon entry into the other jurisdiction, the security interest is perfected under the law of the other jurisdiction. (d) Goods covered by certificate of title from this state. Except as otherwise provided in subsection (e) of this Code section, a security interest in goods covered by a certificate of title which is perfected by any method under the law of another jurisdiction when the goods become covered by a certificate of title from this state remains perfected until the security interest would have become unperfected under the law of the other jurisdiction had the goods not become so covered. (e) When subsection (d) of this Code section security interest becomes unperfected against purchasers. A security interest described in subsection (d) of this Code section becomes unperfected as against a purchaser of the goods for value and is deemed never to have been perfected as against a purchaser of the goods for value ifthe applicable requirements for perfection under subsection (b) of Code Section 11 -9-311 or Code Section 11 -9-313 are not satisfied before the earlier of: (1) The time the security interest would have become unperfected under the law of the other jurisdiction had the goods not become covered by a certificate of title from this state; or (2) The expiration of four months after the goods had become so covered. (f) Change in jurisdiction of bank, issuer, nominated person, securities intermediary, or commodity intermediary. A security interest in deposit accounts, letter of credit rights, or investment property which is perfected under the law of the bank's jurisdiction, the issuer's jurisdiction, a nominated person's jurisdiction, the securities intermediary s jurisdiction, or the commodity intermediary's jurisdiction, as applicable, remains perfected until the earlier of: (1) The time the security interest would have become unperfected under the law of that jurisdiction; or (2) The expiration of four months after a change of the applicable jurisdiction to another jurisdiction. (g) Subsection (f) ofthis Code section security interest perfected or unperfected under law of new jurisdiction. If a security interest described in subsection (f) of this Code section becomes perfected under the law of the other jurisdiction before the earlier of the time or the end of the period described in that subsection, it remains perfected thereafter. If the security interest does not become perfected under the law of the other jurisdiction before the earlier of that time or the end of that period, it becomes unperfected and is deemed never to have been perfected as against a purchaser of the collateral for value.

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Subpart 3 Priority
11 -9-317. Interests that take priority over or take free of security interest or agricultural lien.
(a) Conflicting security interests and rights oflien creditors. A security interest or agricultural lien is subordinate to the rights of:
(1) A person entitled to priority under Code Section 11-9-322; and (2) Except as otherwise provided in subsection (e) of this Code section, a person that becomes a lien creditor before the earlier of the time:
(A) The security interest or agricultural lien is perfected; or (B) A financing statement covering the collateral is filed. (b) Buyers that receive delivery. Except as otherwise provided in subsection (e) ofthis Code section, a buyer, other than a secured party, oftangible chattel paper, documents, goods, instruments, or a security certificate takes free of a security interest or agricultural lien if the buyer gives value and receives delivery of the collateral without knowledge of the security interest or agricultural lien and before it is perfected. (c) Lessees that receive delivery. Except as otherwise provided in subsection (e) of this Code section, a lessee of goods takes free of a security interest or agricultural lien if the lessee gives value and receives delivery of the collateral without knowledge of the security interest or agricultural lien and before it is perfected. (d) Licensees and buyers ofcertain collateral. A licensee of a general intangible or a buyer, other than a secured party, of accounts, electronic chattel paper, general intangibles, or investment property other than a certificated security takes free of a security interest if the licensee or buyer gives value without knowledge of the security interest and before it is perfected. (e) Purchase money security interest. Except as otherwise provided in Code Sections 11-9-320 and 11-9-321, if a person files a financing statement with respect to a purchase money security interest before or within 20 days after the debtor receives delivery ofthe collateral, the security interest takes priority over the rights of a buyer, lessee, or lien creditor which arise between the time the security interest attaches and the time of filing.
11-9-318. No interest retained in right to payment that is sold; rights and title of seller of account or chattel paper with respect to creditors and purchasers.
(a) Seller retains no interest. A debtor that has sold an account, chattel paper, payment intangible, or promissory note does not retain a legal or equitable interest in the collateral sold. (b) Deemed rights of debtor if buyer's security interest unperfected. For purposes of determining the rights of creditors of, and purchasers for value of an account or chattel paper from, a debtor that has sold an account or chattel paper,

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while the buyer's security interest is unperfected, the debtor is deemed to have rights and title to the account or chattel paper identical to those the debtor sold.
11-9-319. Rights and title of consignee with respect to creditors and purchasers.
(a) Consignee has consignor's rights. Except as otherwise provided in subsection (b) of this Code section, for purposes of determining the rights of creditors of, and purchasers for value of goods from, a consignee, while the goods are in the possession of the consignee, the consignee is deemed to have rights and title to the goods identical to those the consignor had or had power to transfer. (b) Applicability of other law. For purposes of determining the rights of a creditor of a consignee, law other than this article determines the rights and title of a consignee while goods are in the consignee's possession if, under this part, a perfected security interest held by the consignor would have priority over the rights of the creditor.
11 -9-320. Buyer of goods. (a) Buyer in ordinary course of business. Except as otherwise provided in subsection (e) of this Code section, a buyer in ordinary course of business, other than a person buying farm products from a person engaged in farming operations, takes free of a security interest created by the buyer's seller, even if the security interest is perfected and the buyer knows of its existence. (b) Buyer ofconsumer goods. Except as otherwise provided in subsection (e) of this Code section, a buyer of goods from a person who used or bought the goods for use primarily for personal, family, or household purposes takes free of a security interest, even if perfected, if the buyer buys:
(1) Without knowledge of the security interest; (2) For value; (3) Primarily for the buyer's personal, family, or household purposes; and (4) Before the filing of a financing statement covering the goods. (c) Effectiveness offilingfor subsection (b) ofthis Code section. To the extent that it affects the priority of a security interest over a buyer of goods under subsection (b) of this Code section, the period of effectiveness of a filing made in the jurisdiction in which the seller is located is governed by subsections (a) and (b) of Code Section 11-9-316. (d) Buyer in ordinary course ofbusiness at wellhead or minehead. A buyer in ordinary course of business buying oil, gas, or other minerals at the wellhead or minehead or after extraction takes free of an interest arising out of an encumbrance. (e) Possessory security interest not affected. Subsections (a) and (b) of this Code section do not affect a security interest in goods in the possession of the secured party under Code Section 11-9-313.

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11-9-321. Licensee of general intangible and lessee of goods in ordinary course of business.
(a) 'Licensee in ordinary course ofbusiness.' As used in this Code section, the term 'licensee in ordinary course of business' means a person that becomes a licensee of a general intangible in good faith, without knowledge that the license violates the rights of another person in the general intangible, and in the ordinary course from a person in the business oflicensing general intangibles ofthat kind. A person becomes a licensee in the ordinary course if the license to the person comports with the usual or customary practices in the kind of business in which the licensor is engaged or with the licensor's own usual or customary practices. (b) Rights of licensee in ordinary course of business. A licensee in ordinary course of business takes its rights under a nonexclusive license free of a security interest in the general intangible created by the licensor, even if the security interest is perfected and the licensee knows of its existence. (c) Rights oflessee in ordinary course ofbusiness. A lessee in ordinary course of business takes its leasehold interest free of a security interest in the goods created by the lessor, even if the security interest is perfected and the lessee knows of its existence.
11 -9-322. Priorities among conflicting security interests in and agricultural liens on same collateral.
(a) General priority rules. Except as otherwise provided in this Code section, priority among conflicting security interests and agricultural liens in the same collateral is determined according to the following rules:
(1) Conflicting perfected security interests and agricultural liens rank according to priority in time of filing or perfection. Priority dates from the earlier of the time a filing covering the collateral is first made or the security interest or agricultural lien is first perfected, if there is no period thereafter when there is neither filing nor perfection; (2) A perfected security interest or agricultural lien has priority over a conflicting unperfected security interest or agricultural lien; and (3) The first security interest or agricultural lien to attach or become effective has priority if conflicting security interests and agricultural liens are unperfected. (b) Time ofperfection: proceeds and supporting obligations. For the purposes paragraph (1) of subsection (a) of this Code section: (1) The time of filing or perfection as to a security interest in collateral is also the time of filing or perfection as to a security interest in proceeds; and (2) The time of filing or perfection as to a security interest in collateral supported by a supporting obligation is also the time of filing or perfection as to a security interest in the supporting obligation. (c) Special priority rules: proceeds and supporting obligations. Except as otherwise provided in subsection (f) of this Code section, a security interest in collateral which qualifies for priority over a conflicting security interest under

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Code Section 11-9-327, 11-9-328, 11-9-329, 11-9-330, or 11-9-331 also has priority over a conflicting security interest in:
(1) Any supporting obligation for the collateral; and (2) Proceeds of the collateral if:
(A) The security interest in proceeds is perfected; (B) The proceeds are cash proceeds or of the same type as the collateral; and (C) In the case of proceeds that are proceeds of proceeds, all intervening proceeds are cash proceeds, proceeds of the same type as the collateral, or an account relating to the collateral. (d) First to file priority rule for certain collateral. Subject to subsection (e) of this Code section and except as otherwise provided in subsection (f) of this Code section, if a security interest in chattel paper, deposit accounts, negotiable documents, instruments, investment property, or letter ofcredit rights is perfected by a method other than filing, conflicting perfected security interests in proceeds of the collateral rank according to priority in time of filing. (e) Applicability ofsubsection (d) ofthis Code section. Subsection (d) of this Code section applies only if the proceeds of the collateral are not cash proceeds, chattel paper, negotiable documents, instruments, investment property, or letter of credit rights. (f) Limitations on subsections (a) through (e) of this Code section. Subsections (a) through (e) of this Code section are subject to: (1) Subsection (g) of this Code section and the other provisions of this part; (2) Code Section 11-4-210 with respect to a security interest of a collecting bank; (3) Code Section 11-5-118 with respect to a security interest of an issuer or nominated person; and (4) Code Section 11-9-110 with respect to a security interest arising under Article 2 or 2A of this title. (g) Priority under agricultural lien statute. A perfected agricultural lien on collateral has priority over a conflicting security interest in or agricultural lien on the same collateral if the statute creating the agricultural lien so provides.
11 -9-322.1 . Crops produced with new value. A perfected security interest in crops for new value given to enable the debtor to produce the crops during the production season and given not more than three months before the crops become growing crops by planting or otherwise takes priority over an earlier perfected security interest to the extent that such earlier interest secures obligations incurred more than six months before the crops become growing crops by planting or otherwise, even though the person giving new value had knowledge of the earlier security interest.
11-9-323. Future advances. (a) When priority based on time of advance. Except as otherwise provided in subsection (b) of this Code section, for purposes of determining the priority of

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a perfected security interest under paragraph (1) of subsection (a) of Code Section 11-9-322, perfection of the security interest dates from the time an advance is made to the extent that the security interest secures an advance that:
(1) Is made while the security interest is perfected only: (A) Under Code Section 11-9-309 when it attaches; or (B) Temporarily under subsection (e),.(f), or (g) of Code Section 11-9-312; and
(2) Is not made pursuant to a commitment entered into before or while the security interest is perfected by a method other than under Code Section 11-9-309 or subsection (e), (f), or (g) of Code Section 11-9-312. (b) Buyer ofreceivables. Subsection (a) of this Code section does not apply to a security interest held by a secured party that is a buyer of accounts, chattel paper, payment intangibles, or promissory notes or a consignor. (c) Buyer ofgoods. Except as otherwise provided in subsection (d) of this Code section, a buyer of goods other than a buyer in ordinary course of business takes free of a security interest to the extent that it secures advances made after the earlier of: (1) The time the secured party acquires knowledge of the buyer's purchase; or (2) Forty-five days after the purchase. (d) Advances made pursuant to commitment; priority of buyer of goods. Subsection (c) of this Code section does not apply if the advance is made pursuant to a commitment entered into without knowledge of the buyer's purchase and before the expiration of the 45 day period. (e) Lessee ofgoods. Except as otherwise provided in subsection (f) ofthis Code section, a lessee of goods, other than a lessee in ordinary course of business, takes the leasehold interest free of a security interest to the extent that it secures advances made after the earlier of: (1) The time the secured party acquires knowledge of the lease; or (2) Forty-five days after the lease contract becomes enforceable. (f) Advances made pursuant to commitment; priority of lessee of goods. Subsection (e) of this Code section does not apply if the advance is made pursuant to a commitment entered into without knowledge ofthe lease and before the expiration of the 45 day period.
11-9-324. Priority of purchase money security interests. (a) General rule; purchase money priority. Except as otherwise provided in subsection (g) of this Code section, a perfected purchase money security interest in goods other than inventory or livestock has priority over a conflicting security interest in the same goods, and, except as otherwise provided in Code Section 11 -9-327, aperfected security interest in its identifiable proceeds also has priority if the purchase money security interest is perfected when the debtor receives possession of the collateral or within 20 days thereafter. (b) Inventory purchase money priority. Subject to subsection (c) of this Code section and except as otherwise provided in subsection (g) of this Code section,

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a perfected purchase money security interest in inventory has priority over a conflicting security interest in the same inventory, has priority over a conflicting security interest in chattel paper or an instrument constituting proceeds of the inventory and in proceeds of the chattel paper, if so provided in Code Section 11-9-330, and, except as otherwise provided in Code Section 11-9-327, also has priority in identifiable cash proceeds ofthe inventory to the extent the identifiable cash proceeds are received on or before the delivery of the inventory to a buyer, if:
(1) The purchase money security interest is perfected when the debtor receives possession of the inventory; (2) The purchase money secured party sends an authenticated notification to the holder of the conflicting security interest; (3) The holder of the conflicting security interest receives the notification within five years before the debtor receives possession of the inventory; and (4) The notification states that the person sending the notification has or expects to acquire a purchase money security interest in inventory ofthe debtor and describes the inventory. (c) Holders of conflicting inventory security interests to be notified. Paragraphs (2) through (4) ofsubsection (b) ofthis Code section apply only ifthe holder ofthe conflicting security interest had filed a financing statement covering the same types of inventory: (1) If the purchase money security interest is perfected by filing, before the date of the filing; or (2) If the purchase money security interest is temporarily perfected without filing or possession under subsection (f) of Code Section 11-9-312, before the beginning of the 20 day period thereunder. (d) Livestock purchase money priority. Subject to subsection (e) of this Code section and except as otherwise provided in subsection (g) of this Code section, a perfected purchase money security interest in livestock that are farm products has priority over a conflicting security interest in the same livestock, and, except as otherwise provided in Code Section 11-9-327, a perfected security interest in their identifiable proceeds and identifiable products in their unmanufactured states also has priority, if: (1) The purchase money security interest is perfected when the debtor receives possession of the livestock; (2) The purchase money secured party sends an authenticated notification to the holder of the conflicting security interest; (3) The holder of the conflicting security interest receives the notification within six months before the debtor receives possession of the livestock; and (4) The notification states that the person sending the notification has or expects to acquire a purchase money security interest in livestock ofthe debtor and describes the livestock. (e) Holders of conflicting livestock security interests to be notified. Paragraphs (2) through (4) ofsubsection (d) ofthis Code section apply only ifthe

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holder ofthe conflicting security interest had filed a financing statement covering the same types of livestock:
(1) If the purchase money security interest is perfected by filing, before the date of the filing; or (2) If the purchase money security interest is temporarily perfected without filing or possession under subsection (f) of Code Section 11 -9-312, before the beginning of the 20 day period thereunder. (f) Software purchase money priority. Except as otherwise provided in subsection (g) of this Code section, a perfected purchase money security interest in software has priority over a conflicting security interest in the same collateral, and, except as otherwise provided in Code Section 11 -9-327, a perfected security interest in its identifiable proceeds also has priority, to the extent that the purchase money security interest in the goods in which the software was acquired for use has priority in the goods and proceeds of the goods under this Code section. (g) Conflicting purchase money security interests. If more than one security interest qualifies for priority in the same collateral under subsection (a), (b), (d), or (f) of this Code section: (1) A security interest securing an obligation incurred as all or part of the price of the collateral has priority over a security interest securing an obligation incurred for value given to enable the debtor to acquire rights in or the use of collateral; and (2) In all other cases, subsection (a) of Code Section 11-9-322 applies to the qualifying security interests.
11-9-325. Priority of security interests in transferred collateral. (a) Subordination of security interest in transferred collateral. Except as otherwise provided in subsection (b) of this Code section, a security interest created by a debtor is subordinate to a security interest in the same collateral created by another person if:
(1) The debtor acquired the collateral subject to the security interest created by the other person; (2) The security interest created by the other person was perfected when the debtor acquired the collateral; and (3) There is no period thereafter when the security interest is unperfected. (b) Limitation of subsection (a) of this Code section subordination. Subsection (a) of this Code section subordinates a security interest only if the security interest: (1) Otherwise would have priority solely under subsection (a) of Code Section 11-9-322 or Code Section 11-9-324; or (2) Arose solely under subsection (3) of Code Section 11-2-711 or subsection (5) of Code Section 11-2A-508.

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11-9-326. Priority of security interests created by new debtor. (a) Subordination of security interest created by new debtor. Subject to subsection (b) of this Code section, a security interest created by a new debtor which is perfected by a filed financing statement that is effective solely under Code Section 11 -9-508 in collateral in which a new debtor has or acquires rights is subordinate to a security interest in the same collateral which is perfected other than by a filed financing statement that is effective solely under Code Section 11-9-508. (b) Priority under other provisions; multiple original debtors. The other provisions of this part determine the priority among conflicting security interests in the same collateral perfected by filed financing statements that are effective solely under Code Section 11-9-508. However, if the security agreements to which a new debtor became bound as debtor were not entered into by the same original debtor, the conflicting security interests rank according to priority in time of the new debtor's having become bound.
11-9-327. Priority of security interests in deposit account. The following rules govern priority among conflicting security interests in the same deposit account:
(1) A security interest held by a secured party having control of the deposit account under Code Section 11-9-104 has priority over a conflicting security interest held by a secured party that does not have control; (2) Except as otherwise provided in paragraphs (3) and (4) of this Code section, security interests perfected by control under Code Section 11 -9-314 rank according to priority in time of obtaining control; (3) Except as otherwise provided in paragraph (4) of this Code section, a security interest held by the bank with which the deposit account is maintained has priority over a conflicting security interest held by another secured party; and (4) A security interest perfected by control under paragraph (3) of subsection (a) of Code Section 11-9-104 has priority over a security interest held by the bank with which the deposit account is maintained.
11-9-328. Priority of security interests in investment property. The following rules govern priority among conflicting security interests in the same investment property:
(1) A security interest held by a secured party having control of investment property under Code Section 11-9-106 has priority over a security interest held by a secured party that does not have control of the investment property; (2) Except as otherwise provided in paragraphs (3) and (4) of this Code section, conflicting security interests held by secured parties each of which has control under Code Section 11-9-106 rank according to priority in time of:
(A) If the collateral is a security, obtaining control; (B) If the collateral is a security entitlement carried in a securities account and:

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(i) If the secured party obtained control under paragraph (1) of subsection (d) of Code Section 1 l-8-106,the secured party's becoming the person for which the securities account is maintained; (ii) If the secured party obtained control under paragraph (2) of subsection (d) of Code Section 11-8-106, the securities intermediary's agreement to comply with the secured party's entitlement orders with respect to security entitlements carried or to be carried in the securities account; or (iii) If the secured party obtained control through another person under paragraph (3) of subsection (d) of Code Section 11-8-106, the time on which priority would be based under this paragraph if the other person were the secured party; or (C) If the collateral is a commodity contract carried with a commodity intermediary, the satisfaction of the requirement for control specified in paragraph (2) of subsection (b) of Code Section 11-9-106 with respect to commodity contracts carried or to be carried with the commodity intermediary; (3) A security interest held by a securities intermediary in a security entitlement or a securities account maintained with the securities intermediary has priority over a conflicting security interest held by another secured party; (4) A security interest held by a commodity intermediary in a commodity contract or a commodity account maintained with the commodity intermediary has priority over a conflicting security interest held by another secured party; (5) A security interest in a certificated security in registered form which is perfected by taking delivery under subsection (a) of Code Section 11-9-313 and not by control under Code Section 11 -9-314 has priority over a conflicting security interest perfected by a method other than control; (6) Conflicting security interests created by a broker, securities intermediary, or commodity intermediary which are perfected without control under Code Section 11-9-106 rank equally; and (7) In all other cases, priority among conflicting security interests in investment property is governed by Code Sections 11-9-322 and 11-9-323.
11-9-329. Priority of security interests in letter of credit right. The following rules govern priority among conflicting security interests in the same letter of credit right:
(1) A security interest held by a secured party having control of the letter of credit right under Code Section 11-9-107 has priority to the extent of its control over a conflicting security interest held by a secured party that does not have control; and (2) Security interests perfected by control under Code Section 11 -9-314 rank according to priority in time of obtaining control.

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\ 1-9-330. Priority of purchaser of chattel paper or instrument. (a) Purchaser's priority; security interest claimed merely as proceeds. A purchaser of chattel paper has priority over a security interest in the chattel paper which is claimed merely as proceeds of inventory subject to a security interest if:
(1) In good faith and in the ordinary course of the purchaser's business, the purchaser gives new value and takes possession of the chattel paper or obtains control of the chattel paper under Code Section 11-9-105; and (2) The chattel paper does not indicate that it has been assigned to an identified assignee other than the purchaser. (b) Purchaser's priority; other security interests. A purchaser of chattel paper has priority over a security interest in the chattel paper which is claimed other than merely as proceeds of inventory subject to a security interest ifthe purchaser gives new value and takes possession of the chattel paper or obtains control of the chattel paper under Code Section 11-9-105 in good faith, in the ordinary course of the purchaser's business, and without knowledge that the purchase violates the rights of the secured party. (c) Chattel paper purchaser 's priori!}' in proceeds. Except as otherwise provided in Code Section 11 -9-327, a purchaser having priority in chattel paper under subsection (a) or (b) of this Code section also has priority in proceeds of the chattel paper to the extent that: (1) Code Section 11-9-322 provides for priority in the proceeds; or (2) The proceeds consist of the specific goods covered by the chattel paper or cash proceeds of the specific goods, even if the purchaser's security interest in the proceeds is unperfected. (d) Instrument purchaser's priority. Except as otherwise provided in subsection (a) of Code Section 11-9-331, a purchaser of an instrument has priority over a security interest in the instrument perfected by a method other than possession if the purchaser gives value and takes possession of the instrument in good faith and without knowledge that the purchase violates the rights of the secured party. (e) Holder ofpurchase money security interest gives new value. For purposes of subsections (a) and (b) of this Code section, the holder of a purchase money security interest in inventory gives new value for chattel paper constituting proceeds of the inventory. (f) Indication of assignment gives knowledge. For purposes of subsections (b) and (d) of this Code section, if chattel paper or an instrument indicates that it has been assigned to an identified secured party other than the purchaser, a purchaser of the chattel paper or instrument has knowledge that the purchase violates the rights of the secured party.
11 -9-331. Priority of rights of purchasers of instruments, documents, and securities under other articles; priority of interests in financial assets and security entitlements under Article 8 of this title.
(a) Rights under Articles 3, 7, and 8 ofthis title not limited. This article does not limit the rights of a holder in due course of a negotiable instrument, a holder to

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which a negotiable document of title has been duly negotiated, or a protected purchaser of a security. These holders or purchasers take priority over an earlier security interest, even if perfected, to the extent provided in Articles 3, 7, and 8 of this title. (b) Protection under Article 8 ofthis title. This article does not limit the rights of or impose liability on a person to the extent that the person is protected against the assertion of a claim under Article 8 of this title. (c) Filing not notice. Filing under this article does not constitute notice of a claim or defense to the holders or purchasers or persons described in subsections (a) and (b) of this Code section.
11-9-332. Transfer of money; transfer of funds from deposit account. (a) Transferee of money. A transferee of money takes the money free of a security interest unless the transferee acts in collusion with the debtor in violating the rights of the secured party. (b) Transferee offunds from deposit account. A transferee of funds from a deposit account takes the funds free of a security interest in the deposit account unless the transferee acts in collusion with the debtor in violating the rights of the secured party.
11-9-333. Priority of certain liens. (a) Year's support; property taxes; other state taxes; other taxes orjudgments. Except as is expressly provided to the contrary elsewhere in this article and in subsection (b) ofthis Code section, a perfected security interest in collateral takes priority over each and all of the liens, claims, and rights described in Code Section 44-14-320, relating tc the establishment of certain liens, as now or hereafter amended, and Code Section 53-7-91 of the 'Pre-1998 Probate Code,' if applicable, or Code Section 53-7-40 of the 'Revised Probate Code of 1998,' relating to the priority of debts against the estate of a decedent, as now or hereafter amended, provided, nevertheless, that:
(1) Year's support to the family, duly set apart in the collateral prior to the perfection of the subject security interest, takes priority over such security interest; (2) A lien for property taxes duly assessed upon the subject collateral, either prior or subsequent to the perfection of the subject security interest, takes priority over security interest; (3) A lien for all other state taxes takes priority over such security interest, except where such security interest is perfected by filing a financing statement relative thereto prior to such time as the execution for such state taxes shall be entered on the execution docket in the place and in the manner provided by law; provided, nevertheless, that, with respect to priority rights between such tax liens and security interests where under this article the same are perfected other than by filing a financing statement, the same shall be determined as provided by law prior to January 1, 1964; and

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(4) A lien for other unpaid taxes or a duly rendered judgment of a court having jurisdiction shall have the same priority with regard to a security interest as it would have if the tax lien or judgment were a conflicting security interest within the meaning of Code Section 11-9-322 or an encumbrance within the meaning of Code Section 11-9-334, which conflicting security interest was perfected by filing or which encumbrance arose at the time the tax lien or judgment was duly recorded in the place designated by statute applicable thereto. (b) Mechanics 'liens onfarm machinery. A mechanics' lien on farm machinery or equipment arising on or after July 1, 1985, shall have priority over any perfected security interest in such farm machinery or equipment unless a financing statement has been filed as provided in Code Section 11-9-501 and unless the financing statement describes the particular piece of farm machinery or equipment to which the perfected security interest applies. Such description may include the make, model, and serial number of the piece of farm machinery or equipment. However, such description shall be sufficient whether or not it is specific if it reasonably identifies what is described and a mistake in such description shall not invalidate the description if it provides a key to identifying the farm machinery or equipment.
11-9-334. Priority of security interests in fixtures and crops. (a) Security interest in fixtures under this article. A security interest under this article may be created in goods that are fixtures or may continue in goods that become fixtures. A security interest does not exist under this article in ordinary building materials incorporated into an improvement on land. (b) Security interest in fixtures under real property law. This article does not prevent creation of an encumbrance upon fixtures under real property law. (c) General rule; subordination of security interest in fixtures. In cases not governed by subsections (d) through (h) of this Code section, a security interest in fixtures is subordinate to a conflicting interest of an encumbrancer or owner of the related real property other than the debtor. (d) Fixtures purchase money priority. Except as otherwise provided in subsection (h) of this Code section, a perfected security interest in fixtures has priority over a conflicting interest of an encumbrancer or owner of the real property if the debtor has an interest of record in or is in possession of the real property and:
(1) The security interest is a purchase money security interest; (2) The interest of the encumbrancer or owner arises before the goods become fixtures; and (3) The security interest is perfected by a fixture filing before the goods become fixtures or within 20 days thereafter. (e) Priority of security interest in fixtures over interests in real property. A perfected security interest in fixtures has priority over a conflicting interest of an encumbrancer or owner of the real property if:

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(1) The debtor has an interest of record in the real property or is in possession of the real property and the security interest:
(A) Is perfected by a fixture filing before the interest of the encumbrancer or owner is of record; and (B) Has priority over any conflicting interest of a predecessor in title ofthe encumbrancer or owner; (2) Before the goods become fixtures, the security interest is perfected by any method permitted by this article and the fixtures are readily removable: (A) Factory or office machines; (B) Equipment that is not primarily used or leased for use in the operation of the real property; or (C) Replacements of domestic appliances that are consumer goods; or (3) The conflicting interest is a lien on the real property obtained by legal or equitable proceedings after the security interest was perfected by any method permitted by this article. (f) Priority based on consent, disclaimer, or right to remove. A security interest in fixtures, whether or not perfected, has priority over a conflicting interest of an encumbrancer or owner of the real property if: (1) The encumbrancer or owner has, in an authenticated record, consented to the security interest or disclaimed an interest in the goods as fixtures; or (2) The debtor has a right to remove the goods as against the encumbrancer or owner. (g) Continuation ofsubsection (f) ofthis Code section priority. The priority of the security interest under paragraph (2) of subsection (f) of this Code section continues for a reasonable time if the debtor's right to remove the goods as against the encumbrancer or owner terminates. (h) Priority of construction mortgage. A mortgage is a construction mortgage to the extent that it secures an obligation incurred for the construction of an improvement on land, including the acquisition cost of the land, if a recorded record of the mortgage so indicates. Except as otherwise provided in subsections (e) and (f) of this Code section, a security interest in fixtures is subordinate to a construction mortgage if a record of the mortgage is recorded before the goods become fixtures and the goods become fixtures before the completion of the construction. A mortgage has this priority to the same extent as a construction mortgage to the extent that it is given to refinance a construction mortgage. (i) Priority of security interest in crops. A perfected security interest in or agricultural lien upon crops growing on real property has priority over a conflicting interest of an encumbrancer or owner of the real property if the debtor has an interest of record in or is in possession of the real property.
11-9-335. Accessions. (a) Creation ofsecurity interest in accession. A security interest may be created in an accession and continues in collateral that becomes an accession.

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(b) Perfection ofsecurity interest. If a security interest is perfected when the collateral becomes an accession, the security interest remains perfected in the collateral. (c) Priority ofsecurity interest. Except as otherwise provided in subsection (d) of this Code section, the other provisions of this part determine the priority of a security interest in an accession. (d) Compliance with certificate of title statute. A security interest in an accession is subordinate to a security interest in the whole which is perfected by compliance with the requirements of a certificate of title statute under subsection (b) of Code Section 11-9-311. (e) Removal of accession after default. After default, subject to Part 6 of this article, a secured party may remove an accession from other goods if the security interest in the accession has priority over the claims of every person having an interest in the whole. (f) Reimbursement following removal. A secured party that removes an accession from other goods under subsection (e) of this Code section shall promptly reimburse any holder of a security interest or other lien on, or owner of, the whole or of the other goods, other than the debtor, for the cost of repair of any physical injury to the whole or the other goods. The secured party need not reimburse the holder or owner for any diminution in value of the whole or the other goods caused by the absence ofthe accession removed or by any necessity for replacing it. A person entitled to reimbursement may refuse permission to remove until the secured party gives adequate assurance for the performance of the obligation to reimburse.
11-9-336. Commingled goods. (a) 'Commingled goods.' As used in this Code section, the term 'commingled goods' means goods that are physically united with other goods in such a manner that their identity is lost in a product or mass. (b) No security interest in commingled goods as such. A security interest does not exist in commingled goods as such. However, a security interest may attach to a product or mass that results when goods become commingled goods. (c) Attachment of security interest to product or mass. If collateral becomes commingled goods, a security interest attaches to the product or mass. (d) Perfection ofsecurity interest. If a security interest in collateral is perfected before the collateral becomes commingled goods, the security interest that attaches to the product or mass under subsection (c) of this Code section is perfected. (e) Priority ofsecurity interest. Except as otherwise provided in subsection (f) of this Code section, the other provisions of this part determine the priority of a security interest that attaches to the product or mass under subsection (c) of this Code section. (f) Conflicting security interests in product or mass. If more than one security interest attaches to the product or mass under subsection (c) of this Code section, the following rules determine priority:

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(1) A security interest that is perfected under subsection (d) of this Code section has priority over a security interest that is unperfected at the time the collateral becomes commingled goods; and (2) If more than one security interest is perfected under subsection (d) of this Code section, the security interests rank equally in proportion to the value of the collateral at the time it became commingled goods.
11-9-337. Priority of security interests in goods covered by certificate of title.
If, while a security interest in goods is perfected by any method under the law of another jurisdiction, this state issues a certificate of title that does not show that the goods are subject to the security interest or contain a statement that they may be subject to security interests not shown on the certificate:
(1) A buyer of the goods, other than a person in the business of selling goods of that kind, takes free of the security interest if the buyer gives value and receives delivery of the goods after issuance of the certificate and without knowledge of the security interest; and (2) The security interest is subordinate to a conflicting security interest in the goods that attaches and is perfected under subsection (b) of Code Section 11-9-311, after issuance of the certificate and without the conflicting secured party's knowledge of the security interest.
11-9-338. Priority of security interest or agricultural lien perfected by filed financing statement providing certain incorrect information.
Ifa security interest or agricultural lien is perfected by a filed financing statement providing information described in paragraph (5) of subsection (b) of Code Section 11-9-516 which is incorrect at the time the financing statement is filed:
(1) The security interest or agricultural lien is subordinate to a conflicting perfected security interest in the collateral to the extent that the holder of the conflicting security interest gives value in reasonable reliance upon the incorrect information; and (2) A purchaser, other than a secured party, of the collateral takes free of the security interest or agricultural lien to the extent that, in reasonable reliance upon the incorrect information, the purchaser gives value and, in the case of chattel paper, documents, goods, instruments, or a security certificate, receives delivery of the collateral.
11-9-339. Priority subject to subordination. This article does not preclude subordination by agreement by a person entitled to priority.

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Subpart 4 Rights of Bank
11-9-340. Effectiveness of right of recoupment or set-off against deposit account.
(a) Exercise of recoupment or set-off. Except as otherwise provided in subsection (c) of this Code section, a bank with which a deposit account is maintained may exercise any right of recoupment or set-off against a secured party that holds a security interest in the deposit account. (b) Recoupment or set-offnot affected by security interest. Except as otherwise provided in subsection (c) of this Code section, the application of this article to a security interest in a deposit account does not affect a right of recoupment or set-off of the secured party as to a deposit account maintained with the secured party. (c) When set-offineffective. The exercise by a bank of a set-off against a deposit account is ineffective against a secured party that holds a security interest in the deposit account which is perfected by control under paragraph (3) of subsection (a) of Code Section 11-9-104, if the set-off is based on a claim against the debtor.
11-9-341. Bank's rights and duties with respect to deposit account. Except as otherwise provided in subsection (c) of Code Section 11-9-340, and unless the bank otherwise agrees in an authenticated record, a bank's rights and duties with respect to a deposit account maintained with the bank are not terminated, suspended, or modified by:
(1) The creation, attachment, or perfection of a security interest in the deposit account; (2) The bank's knowledge of the security interest; or (3) The bank's receipt of instructions from the secured party.
11-9-342. Bank's right to refuse to enter into or disclose existence of control agreement.
This article does not require a bank to enter into an agreement of the kind described in paragraph (2) of subsection (a) of Code Section 11-9-104, even if its customer so requests or directs. A bank that has entered into such an agreement is not required to confirm the existence of the agreement to another person unless requested to do so by its customer.
Part 4 Rights of Third Parties
11 -9-401. Alienability of debtor's rights. (a) Other law governs alienability; exceptions. Except as otherwise provided in subsection (b) of this Code section and Code Sections 11-9-406, 11-9-407,

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11-9-408, and 11-9-409, whether a debtor's rights in collateral may be voluntarily or involuntarily transferred is governed by law other than this article, (b) Agreement does not prevent transfer. An agreement between the debtor and secured party which prohibits a transfer of the debtor's rights in collateral or makes the transfer a default does not prevent the transfer from taking effect.
11-9-402. Secured party not obligated on contract of debtor or in tort. The existence of a security interest, agricultural lien, or authority given to a debtor to dispose of or use collateral, without more, does not subject a secured party to liability in contract or tort for the debtor's acts or omissions.
11-9-403. Agreement not to assert defenses against assignee. (a) 'Value.' As used in this Code section, the term Value' has the meaning provided in subsection (a) of Code Section 11-3-303. (b) Agreement not to assert claim or defense. Except as otherwise provided in this Code section, an agreement between an account debtor and an assignor not to assert against an assignee any claim or defense that the account debtor may have against the assignor is enforceable by an assignee that takes an assignment:
(1) For value; (2) In good faith; (3) Without notice of a claim of a property or possessory right to the property assigned; and (4) Without notice of a defense or claim in recoupment of the type that may be asserted against a person entitled to enforce a negotiable instrument under subsection (a) of Code Section 11-3-305. (c) When subsection (b) ofthis Code section not applicable. Subsection (b) of this Code section does not apply to defenses of a type that may be asserted against a holder in due course of a negotiable instrument under subsection (b) of Code Section 11-3-305. (d) Omission of required statement in consumer transaction. In a consumer transaction, if a record evidences the account debtor's obligation, law other than this article requires that the record include a statement to the effect that the rights of an assignee are subject to claims or defenses that the account debtor could assert against the original obligee, and the record does not include such a statement: (1) The record has the same effect as if the record included such a statement; and (2) The account debtor may assert against an assignee those claims and defenses that would have been available if the record included such a statement. (e) Rule for individual under other law. This Code section is subject to law other than this article which establishes a different rule for an account debtor who is an individual and who incurred the obligation primarily for personal, family, or household purposes.

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(f) Other law not displaced. Except as otherwise provided in subsection (d) of this Code section, this Code section does not displace law other than this article which gives effect to an agreement by an account debtor not to assert a claim or defense against an assignee.
11-9-404. Rights acquired by assignee; claims and defenses against assignee.
(a) Assignee's rights subject to terms, claims, and defenses; exceptions. Unless an account debtor has made an enforceable agreement not to assert defenses or claims and subject to subsections (b) through (e) of this Code section, the rights of an assignee are subject to:
(1) All terms of the agreement between the account debtor and assignor and any defense or claim in recoupment arising from the transaction that gave rise to the contract; and (2) Any other defense or claim of the account debtor against the assignor which accrues before the account debtor receives a notification of the assignment authenticated by the assignor or the assignee. (b) Account debtor 's claim reduces amount owed to assignee. Subject to subsection (c) of this Code section and except as otherwise provided in subsection (d) of this Code section, the claim of an account debtor against an assignor may be asserted against an assignee under subsection (a) of this Code section only to reduce the amount the account debtor owes. (c) Rule for individual under other law. This Code section is subject to law other than this article which establishes a different rule for an account debtor who is an individual and who incurred the obligation primarily for personal, family, or household purposes. (d) Omission of required statement in consumer transaction. In a consumer transaction, if a record evidences the account debtor's obligation, law other than this article requires that the record include a statement to the effect that the account debtor's recovery against an assignee with respect to claims and defenses against the assignor may not exceed amounts paid by the account debtor under the record, and the record does not include such a statement, the extent to which a claim of an account debtor against the assignor may be asserted against an assignee is determined as if the record included such a statement. (e) Inapplicability to health care insurance receivable. This Code section does not apply to an assignment of a health care insurance receivable.
11-9-405. Modification of assigned contract. (a) Effect ofmodification on assignee. A modification of or substitution for an assigned contract is effective against an assignee if made in good faith. The assignee acquires corresponding rights under the modified or substituted contract. The assignment may provide that the modification or substitution is a breach of contract by the assignor. This subsection is subject to subsections (b) through (d) of this Code section.

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(b) Applicability ofsubsection (a) ofthis Code section. Subsection (a) of this Code section applies to the extent that:
(1) The right to payment or a part thereof under an assigned contract has not been fully earned by performance; or (2) The right to payment or a part thereof has been fully earned by performance and the account debtor has not received notification of the assignment under subsection (a) of Code Section 11-9-406. (c) Rule for individual under other law. This Code section is subject to law other than this article which establishes a different rule for an account debtor who is an individual and who incurred the obligation primarily for personal, family, or household purposes. (d) Inapplicability to health care insurance receivable. This Code section does not apply to an assignment of a health care insurance receivable.
11-9-406. Discharge of account debtor; notification of assignment; identification and proof of assignment; restrictions on assignment of accounts, chattel paper, payment intangibles, and promissory notes ineffective.
(a) Discharge of account debtor; effect of notification. Subject to subsections (b) through (i) of this Code section, an account debtor on an account, chattel paper, or a payment intangible may discharge its obligation by paying the assignor until, but not after, the account debtor receives a notification, authenticated by the assignor or the assignee, that the amount due or to become due has been assigned and that payment is to be made to the assignee. After receipt of the notification, the account debtor may discharge its obligation by paying the assignee and may not discharge the obligation by paying the assignor. (b) When notification ineffective. Subject to subsection (h) of this Code section, notification is ineffective under subsection (a) of this Code section:
(1) If it does not reasonably identify the rights assigned; (2) To the extent that an agreement between an account debtor and a seller of a payment intangible limits the account debtor's duty to pay a person other than the seller and the limitation is effective under law other than this article; or (3) At the option of an account debtor, if the notification notifies the account debtor to make less than the full amount of any installment or other periodic payment to the assignee, even if:
(A) Only a portion of the account, chattel paper, or payment intangible has been assigned to that assignee; (B) A portion has been assigned to another assignee; or (C) The account debtor knows that the assignment to that assignee is limited. (c) Proof of assignment. Subject to subsection (h) of this Code section, if requested by the account debtor, an assignee shall seasonably furnish reasonable proof that the assignment has been made. Unless the assignee complies, the account debtor may discharge its obligation by paying the assignor, even if the

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account debtor has received a notification under subsection (a) of this Code section. (d) Term restricting assignment generally ineffective. Except as otherwise provided in subsection (e) of this Code section and Code Sections 11-2A-303, 11-9-407, and 53-12-28 and subject to subsection (h) of this Code section, a term in an agreement between an account debtor and an assignor or in a promissory note is ineffective to the extent that it:
(1) Proh ibits, restricts, or requires the consent of the account debtor or person obligated on the promissory note to the assignment or transfer of, or the creation, attachment, perfection, or enforcement of a security interest in, the account, chattel paper, payment intangible, or promissory note; or (2) Provides that the assignment, transfer, creation, attachment, perfection, or enforcement of the security interest may give rise to a default, breach, right of recoupment, claim, defense, termination, right oftermination, or remedy under the account, chattel paper, payment intangible, or promissory note. (e) Inapplicability of subsection (d) of this Code section to certain sales. Subsection (d) of this Code section does not apply to the sale of a payment intangible or promissory note. (f) Legal restrictions on assignment generally ineffective. Except as otherwise provided in Code Sections 11-2A-303 and 11-9-407 and subject to subsections (h) and (i) of this Code section, a rule of law, statute, or regulation that prohibits, restricts, or requires the consent of a government, governmental body or official, or account debtor to the assignment or transfer of, or creation of a security interest in, an account or chattel paper is ineffective to the extent that the rule of law, statute, or regulation: (1) Prohibits, restricts, or requires the consent of the government, governmental body or official, or account debtor to the assignment or transfer of, or the creation, attachment, perfection, or enforcement of a security interest, in the account or chattel paper; or (2) Provides that the assignment, transfer, creation, attachment, perfection, or enforcement of the security interest may give rise to a default, breach, right of recoupment, claim, defense, termination, right of termination, or remedy under the account or chattel paper. (g) Paragraph (3) ofsubsection (b) not waivable. Subject to subsection (h) of this Code section, an account debtor may not waive or vary its option under paragraph (3) of subsection (b) of this Code section. (h) Rule for individual under other law. This Code section is subject to law other than this article which establishes a different rule for an account debtor who is an individual and who incurred the obligation primarily for personal, family, or household purposes. (i) Inapplicability to health care insurance receivable. This Code section does not apply to an assignment of a health care insurance receivable.

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11-9-407. Restrictions on creation or enforcement of security interest in leasehold interest or in lessor's residual interest.
(a) Term restricting assignment generally ineffective. Except as otherwise provided in subsection (b) of this Code section, a term in a lease agreement is ineffective to the extent that it:
(1) Prohibits, restricts, or requires the consent of a party to the lease to the assignment, transfer, creation, attachment, perfection, or enforcement of a security interest in an interest of a party under the lease contract or in the lessor's residual interest in the goods; or (2) Provides that the assignment, transfer, creation, attachment, perfection, or enforcement of the security interest may give rise to a default, breach, right of recoupment, claim, defense, termination, right oftermination, or remedy under the lease. (b) Effectiveness of certain terms. Except as otherwise provided in subsection (7) of Code Section 11-2A-303, a term described in paragraph (2) of subsection (a) of this Code section is effective to the extent that there is: (1) A transfer by the lessee of the lessee's right of possession or use of the goods in violation of the term; or (2) A delegation of a material performance of either party to the lease contract in violation of the term. (c) Security interest not material impairment. The creation, attachment, perfection, or enforcement of a security interest in the lessor's interest under the lease contract or the lessor's residual interest in the goods is not a transfer that materially impairs the lessee's prospect of obtaining return performance or materially changes the duty of or materially increases the burden or risk imposed on the lessee within the purview of subsection (4) of Code Section 11-2A-303 unless, and then only to the extent that, enforcement actually results in a delegation of material performance of the lessor.
11-9-408. Restrictions on assignment of promissory notes, health care insurance receivables, and certain general intangibles ineffective.
(a) Term restricting assignment generally ineffective. Except as otherwise provided in subsection (b) of this Code section or in Code Section 53-12-28, a term in a promissory note or in an agreement between an account debtor and a debtor which relates to a health care insurance receivable or a general intangible, including a contract, permit, license, or franchise, and which term prohibits, restricts, or requires the consent of the person obligated on the promissory note or the account debtor to the assignment or transfer of, or creation, attachment, or perfection of a security interest in, the promissory note, health care insurance receivable, or general intangible, is ineffective to the extent that the term:
(1) Would impair the creation, attachment, or perfection of a security interest; or (2) Provides that the assignment, transfer, creation, attachment, or perfection of the security interest may give rise to a default, breach, right of recoupment,

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claim, defense, termination, right of termination, or remedy under the promissory note, health care insurance receivable, or general intangible. (b) Applicability ofsubsection (a) ofthis Code section to sales ofcertain rights to payment. Subsection (a) of this Code section applies to a security interest in a payment intangible or promissory note only if the security interest arises out of a sale of the payment intangible or promissory note. (c) Legal restrictions on assignment generally ineffective. Except as otherwise provided in Code Section 53-12-28, a rule of law, statute, or regulation that prohibits, restricts, or requires the consent of a government, governmental body or official, person obligated on a promissory note, or account debtor to the assignment or transfer of, or creation of a security interest in, a promissory note, health care insurance receivable, or general intangible, including a contract, permit, license, or franchise between an account debtor and a debtor, is ineffective to the extent that the rule of law, statute, or regulation: (1) Would impair the assignment, transfer, creation, attachment, or perfection of a security interest; or (2) Provides that the creation, attachment, or perfection of the security interest may give rise to a default, breach, right of recoupment, claim, defense, termination, right of termination, or remedy under the promissory note, health care insurance receivable, or general intangible. (d) Limitation on ineffectiveness under subsections (a) and (c) of this Code section. To the extent that a term in a promissory note or in an agreement between an account debtor and a debtor which relates to a health care insurance receivable or general intangible or a rule of law, statute, or regulation described in subsection (c) of this Code section would be effective under law other than this article but is ineffective under subsection (a) or (c) of this Code section, the creation, attachment, or perfection of a security interest in the promissory note, health care insurance receivable, or general intangible: (1) Is not enforceable against the person obligated on the promissory note or the account debtor; (2) Does not impose a duty or obligation on the person obligated on the promissory note or the account debtor; (3) Does not require the person obligated on the promissory note orlhe account debtor to recognize the security interest, pay or render performance to the secured party, or accept payment or performance from the secured party; (4) Does not entitle the secured party to use or assign the debtor's rights under the promissory note, health care insurance receivable, or general intangible, including any related information or materials furnished to the debtor in the transaction giving rise to the promissory note, health care insurance receivable, or general intangible; (5) Does not entitle the secured party to use, assign, possess, or have access to any trade secrets or confidential information of the person obligated on the promissory note or the account debtor; and (6) Does not entitle the secured party to enforce the security interest in the promissory note, health care insurance receivable, or general intangible.

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11-9-409. Restrictions on assignment of letter of credit rights ineffective. (a) Term or law restricting assignment generally ineffective. A term in a letter of credit or a rule of law, statute, regulation, custom, or practice applicable to the letter of credit which prohibits, restricts, or requires the consent of an applicant, issuer, or nominated person to a beneficiary's assignment of or creation of a security interest in a letter of credit right is ineffective to the extent that the term or rule of law, statute, regulation, custom, or practice:
(1) Would impair the creation, attachment, or perfection of a security interest in the letter of credit right; or (2) Provides that the assignment, transfer, creation, attachment, or perfection of the security interest may give rise to a default, breach, right of recoupment, claim, defense, termination, right of termination, or remedy under the letter of credit right. (b) Limitation on ineffectiveness under subsection (a) ofthis Code section. To the extent that a term in a letter of credit is ineffective under subsection (a) of this Code section but would be effective under law other than this article or a custom or practice applicable to the letter of credit, to the transfer of a right to draw or otherwise demand performance under the letter of credit, or to the assignment of a right to proceeds of the letter of credit, the creation, attachment or perfection of a security interest in the letter of credit right: (1) Is not enforceable against the applicant, issuer, nominated person, or transferee beneficiary; (2) Imposes no duties or obligations on the applicant, issuer, nominated person, or transferee beneficiary; and (3) Does not require the applicant, issuer, nominated person, or transferee beneficiary to recognize the security interest, pay or render performance to the secured party, or accept payment or other performance from the secured party.
Part 5 Filing Subpart 1 Filing Office; Contents and Effectiveness of Financing Statement
11-9-501. Filing office. (a) Filing offices. Except as otherwise provided in subsection (b) of this Code section, if the law of this state governs perfection of a security interest or agricultural lien, the office in which to file a financing statement to perfect the security interest or agricultural lien is:
(1) The office designated for the filing or recording of a record of a mortgage on the related real property, if:
(A) The collateral is as-extracted collateral, crops, or timber to be cut; or (B) The financing statement is filed as a fixture filing and the collateral is goods that are or are to become fixtures; or

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(2) The office of the clerk of the superior court of any county of this state, in all other cases, including a case in which the collateral is goods that are or are to become fixtures and the financing statement is not filed as a fixture filing. (b) Filing officefor transmitting utilities. The office in which to file a financing statement to perfect a security interest in collateral, including fixtures, of a transmitting utility is the office of the clerk of the superior court of any county of this state. The financing statement also constitutes a fixture filing as to the collateral indicated in the financing statement which is or is to become fixtures.
11-9-502. Contents of financing statement; real estate mortgages as fixture filings; time of filing financing statement.
(a) Sufficiency offinancing statement. Subject to subsection (b) of this Code section, a financing statement is sufficient only if it:
(1) Provides the name of the debtor; (2) Provides the name of the secured party or a representative of the secured party; (3) Indicates the collateral covered by the financing statement; and (4) Where both (A) the collateral described consists only of consumer goods as defined in paragraph (24) of subsection (a) of Code Section 11-9-102 and (B) the secured obligation is originally $5,000.00 or less, gives the maturity date of the secured obligation or specifies that such obligation is not subject to a maturity date. (b) Real property relatedfinancing statements. Except as otherwise provided in subsection (b) of Code Section 11-9-501, to be sufficient, a financing statement that covers as-extracted collateral, crops, or timber to be cut, or which is filed as a fixture filing and covers goods that are or are to become fixtures, must satisfy subsection (a) of this Code section and also: (1) Indicate that it covers this type of collateral; (2) Indicate that it is to be filed for record in the real property records; (3) Provide a description of the real property to which the collateral is related sufficient to give constructive notice of a mortgage under the law of this state if the description were contained in a record of the mortgage of the Teal property; and (4) If the debtor does not have an interest of record in the real property, provide the name of a record owner. (c) Real estate mortgages asfixturefilings. A real estate mortgage may not be filed as a fixture filing, but one filed prior to January 1, 1995, which was effective as a fixture filing when filed, remains effective as a fixture filing until the mortgage is released or satisfied of record or its effectiveness otherwise terminates as to the real estate. (d) Filing before security agreement or attachment. A financing statement may be filed before a security agreement is made or a security interest otherwise attaches.

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11-9-503. Name of debtor and secured party. (a) Sufficiency ofdebtor's name. A financing statement sufficiently provides the name of the debtor:
(1) If the debtor is a registered organization, only if the financing statement provides the name of the debtor indicated on the public record of the debtor's jurisdiction of organization which shows the debtor to have been organized; (2) Ifthe debtor is a decedent's estate, only ifthe financing statement provides the name of the decedent and indicates that the debtor is an estate; (3) If the debtor is a trust or a trustee acting with respect to property held in trust, only if the financing statement:
(A) Provides the name specified for the trust in its organic documents or, if no name is specified, provides the name of the settlor and additional information sufficient to distinguish the debtor from other trusts having one or more of the same settlors; and (B) Indicates, in the debtor's name or otherwise, that the debtor is a trust or is a trustee acting with respect to property held in trust; and (4) In other cases: (A) If the debtor has a name, only if it provides the individual or organizational name of the debtor; and (B) If the debtor does not have a name, only if it provides the names of the partners, members, associates, or other persons comprising the debtor. (b) Additional debtor related information. A financing statement that provides the name of the debtor in accordance with subsection (a) of this Code section is not rendered ineffective by the absence of: (1) A trade name or other name of the debtor; or (2) Unless required under subparagraph (a)(4)(B) of this Code section, names of partners, members, associates, or other persons comprising the debtor. (c) Debtor's trade name insufficient. A financing statement that provides only the debtor's trade name does not sufficiently provide the name of the debtor. (d) Representative capacity. Failure to indicate the representative capacity of a secured party or representative of a secured party does not affect the sufficiency of a financing statement. (e) Multiple debtors andsecuredparties. A financing statement may provide the name of more than one debtor and the name of more than one secured party.
11 -9-504. Indication of collateral. A financing statement sufficiently indicates the collateral that it covers if the financing statement provides:
(1) A description of the collateral pursuant to Code Section 11-9-108; or (2) An indication that the financing statement covers all assets or all personal property.

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11-9-505. Filing and compliance with other statutes and treaties for consignments, leases, other bailments, and other transactions.
(a) Use ofterms other than 'debtor' and 'securedparty.' A consignor, lessor, or other bailor of goods, a licensor, or a buyer of a payment intangible or promissory note may file a financing statement, or may comply with a statute or treaty described in subsection (a) of Code Section 11-9-311, using the terms 'consignor,' 'consignee,' 'lessor,' 'lessee,' 'bailor,' 'bailee,' 'licensor,' 'licensee,' 'owner,' 'registered owner,' 'buyer,' 'seller,' or words of similar import, instead of the terms 'secured party' and 'debtor'. (b) Effect offinancing statement under subsection (a) ofthis Code section. This part applies to the filing of a financing statement under subsection (a) of this Code section and, as appropriate, to compliance that is equivalent to filing a financing statement under subsection (b) of Code Section 11 -9-311, but the filing or compliance is not of itself a factor in determining whether the collateral secures an obligation. If it is determined for another reason that the collateral secures an obligation, a security interest held by the consignor, lessor, bailor, licensor, owner, or buyer which attaches to the collateral is perfected by the filing or compliance.
11 -9-506. Effect of errors or omissions. (a) Minor errors and omissions. A financing statement substantially satisfying the requirements of this part is effective, even if it has minor errors or omissions, unless the errors or omissions make the financing statement seriously misleading. (b) Financing statement seriously misleading. Except as otherwise provided in subsection (c) of this Code section, a financing statement that fails sufficiently to provide the name of the debtor in accordance with subsection (a) of Code Section 11-9-503 is seriously misleading. (c) Financing statement not seriously misleading. If a search of the records of the filing office under the debtor's correct name, using the filing office's standard search logic, if any, would disclose a financing statement that fails sufficiently to provide the name of the debtor in accordance with subsection (a) of Code Section 11-9-503, the name provided does not make the financing statement seriously misleading. (d) 'Debtor's correct name.' For purposes of subsection (b) of Code Section 11-9-508, the 'debtor's correct name' as used in subsection (c) of this Code section means the correct name of the new debtor.
11-9-507. Effect of certain events on effectiveness of financing statement. (a) Disposition. A filed financing statement remains effective with respect to collateral that is sold, exchanged, leased, licensed, or otherwise disposed of and in which a security interest or agricultural lien continues, even if the secured party knows of or consents to the disposition. (b) Information becoming seriously misleading. Except as otherwise provided in subsection (c) of this Code section and Code Section 11-9-508, a financing statement is not rendered ineffective if, after the financing statement is filed, the

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information provided in the financing statement becomes seriously misleading under Code Section 11-9-506. (c) Change in debtor s name. If a debtor so changes its name that a filed financing statement becomes seriously misleading under Code Section 11 -9-506:
(1) The financing statement is effective to perfect a security interest in collateral acquired by the debtor before, or within four months after, the change; and (2) The financing statement is not effective to perfect a security interest in collateral acquired by the debtor more than four months after the change, unless an amendment to the financing statement which renders the financing statement not seriously misleading is filed within four months after the change.
11 -9-508. Effectiveness of financing statement if new debtor becomes bound by security agreement.
(a) Financing statement naming original debtor. Except as otherwise provided in this Code section, a filed financing statement naming an original debtor is effective to perfect a security interest in collateral in which a new debtor has or acquires rights to the extent that the financing statement would have been effective had the original debtor acquired rights in the collateral. (b) Financing statement becoming seriously misleading. If the difference between the name of the original debtor and that of the new debtor causes a filed financing statement that is effective under subsection (a) of this Code section to be seriously misleading under Code Section 11-9-506:
(1) The financing statement is effective to perfect a security interest in collateral acquired by the new debtor before, and within four months after, the new debtor becomes bound under subsection (d) of Code Section 11-9-203; and (2) The financing statement is not effective to perfect a security interest in collateral acquired by the new debtor more than four months after the new debtor becomes bound under subsection (d) of Code Section 11-9-203 unless an initial financing statement providing the name of the new debtor is filed before the expiration of that time. (c) When Code section not applicable. This Code section does not apply to collateral as to which a filed financing statement remains effective against the new debtor under subsection (a) of Code Section 11-9-507.
11-9-509. Persons entitled to file a record. (a) Person entitled to file record. A person may file an initial financing statement, amendment that adds collateral covered by a financing statement, or amendment that adds a debtor to a financing statement only if:
(1) The debtor authorizes the filing in an authenticated record or pursuant to subsection (b) or (c) of this Code section; or (2) The person holds an agricultural lien that has become effective at the time of filing and the financing statement covers only collateral in which the person holds an agricultural lien.

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(b) Security agreement as authorization. By authenticating or becoming bound as debtor by a security agreement, a debtor or new debtor authorizes the filing of an initial financing statement, and an amendment, covering:
(1) The collateral described in the security agreement; and (2) Property that becomes collateral under paragraph (2) of subsection (a) of Code Section 11 -9-315, whether or not the security agreement expressly covers proceeds. (c) Acquisition of collateral as authorization. By acquiring collateral in which a security interest or agricultural lien continues under paragraph (1) of subsection (a) of Code Section 11-9-315, a debtor authorizes the filing of an initial financing statement, and an amendment, covering the collateral and property that becomes collateral under paragraph (2) of subsection (a) of Code Section 11-9-315. (d) Person entitled tofile certain amendments. A person may file an amendment other than an amendment that adds collateral covered by a financing statement or an amendment that adds a debtor to a financing statement only if: (1) The secured party of record authorizes the filing; or (2) The amendment is a termination statement for a financing statement as to which the secured party of record has failed to file or send a termination statement as required by subsection (a) or (c) of Code Section 11-9-513, the debtor authorizes the filing, and the termination statement indicates that the debtor authorized it to be filed. (e) Multiple secured parties of record. If there is more than one secured party of record for a financing statement, each secured party of record may authorize the filing of an amendment under subsection (d) of this Code section.
11 -9-510. Effectiveness of filed record. (a) Filed record effective if authorized. A filed record is effective only to the extent that it was filed by a person that may file it under Code Section 11 -9-509. (b) Authorization by one secured party of record. A record authorized by one secured party of record does not affect the financing statement with respect to another secured party of record. (c) Continuation statement not timely filed. A continuation statement that is not filed within the six-month period prescribed by subsection (c) of Code Section 11-9-515 is ineffective.
11 -9-511. Secured party of record. (a) Secured party of record. A secured party of record with respect to a financing statement is a person whose name is provided as the name of the secured party or a representative of the secured party in an initial financing statement that has been filed. If an initial financing statement is filed under subsection (a) of Code Section 11-9-514, the assignee named in the initial financing statement is the secured party of record with respect to the financing statement.

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(b) Amendmentnaming securedparty of"record. Ifan amendment ofa financing statement which provides the name of a person as a secured party or a representative of a secured party is filed, the person named in the amendment is a secured party of record. If an amendment is filed under subsection (b) of Code Section 11-9-514, the assignee named in the amendment is a secured party of record. (c) Amendment deleting secured party of record. A person remains a secured parry of record until the filing of an amendment of the financing statement which deletes the person.
11-9-512. Amendment of financing statement. (a) Amendment of information in financing statement. Subject to Code Section 11 -9-509, a person may add or delete collateral covered by, continue or terminate the effectiveness of, or, subject to subsection (e) of this Code section, otherwise amend the information provided in a financing statement by filing an amendment that:
(1) Identifies, by its file number, the initial financing statement to which the amendment relates; and (2) If the amendment relates to an initial financing statement filed or recorded in a filing office described in paragraph (1) of subsection (a) of Code Section 11 -9-501, provides the information specified in subsection (b) of Code Section 11-9-502. (b) Period of effectiveness not affected. Except as otherwise provided in Code Section 11-9-515, the filing of an amendment does not extend the period of effectiveness of the financing statement. (c) Effectiveness ofamendment adding collateral. A financing statement that is amended by an amendment that adds collateral is effective as to the added collateral only from the date of the filing of the amendment. (d) Effectiveness of amendment adding debtor. A financing statement that is amended by an amendment that adds a debtor is effective as to the added debtor only from the date of the filing of the amendment. (e) Certain amendments ineffective. An amendment is ineffective to the extent it: (1) Purports to delete all debtors and fails to provide the name of a debtor to be covered by the financing statement; or (2) Purports to delete all secured parties of record and fails to provide the name of a new secured party of record.
11 -9-513. Termination statement. (a) Consumer goods. A secured party shall cause the secured party of record for a financing statement to file a termination statement for the financing statement if the financing statement covers consumer goods and:
(1) There is no obligation secured by the collateral covered by the financing statement and no commitment to make an advance, incur an obligation, or otherwise give value; or

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(2) The debtor did not authorize the filing of the initial financing statement. (b) Time for compliance with subsection (a) of this Code section. To comply with subsection (a) of this Code section, a secured party shall cause the secured party of record to file the termination statement:
(1) Within one month after there is no obligation secured by the collateral covered by the financing statement and no commitment to make an advance, incur an obligation, or otherwise give value; or (2) If earlier, within 20 days after the secured party receives an authenticated demand from a debtor. (c) Other collateral. In cases not governed by subsection (a) of this Code section, within 90 days after there is no obligation secured by the collateral covered by or described in the financing statement and no commitment to make an advance, incur an obligation, or otherwise give value or, if earlier, within 20 days after a secured party receives an authenticated demand from a debtor, the secured party shall cause the secured party of record for a financing statement to send to the debtor a termination statement for the financing statement or file the termination statement in the filing office if: (1) Except in the case of a financing statement covering accounts or chattel paper that has been sold or goods that are the subject of a consignment, there is no obligation secured by the collateral covered by the financing statement and no commitment to make an advance, incur an obligation, or otherwise give value; (2) The financing statement covers accounts or chattel paper that has been sold but as to which the account debtor or other person obligated has discharged its obligation; (3) The financing statement covers goods that were the subject of a consignment to the debtor but are not in the debtor's possession; or (4) The debtor did not authorize the filing of the initial financing statement. (d) Effect offiling termination statement. Except as otherwise provided in Code Section 11 -9-510, upon the filing ofa termination statement with the filing office, the financing statement to which the termination statement relates ceases to be effective.
11 -9-514. Assignment of powers of secured party of record. (a) Assignment reflected on initial financing statement. An initial financing statement may reflect an assignment of all of the secured party's power to authorize an amendment to the financing statement by providing the name and mailing address of the assignee as the name and address of the secured party. (b) Assignment offiledfinancing statement. A secured party of record may assign ofrecord all or part of its power to authorize an amendment to a financing statement by filing in the filing office an amendment of the financing statement which:
(1) Identifies, by its file number, the initial financing statement to which it relates; (2) Provides the name of the assignor; and

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(3) Provides the name and mailing address of the assignee.
11-9-515. Duration and effectiveness of financing statement; effect of lapsed financing statement.
(a) Five-year effectiveness. Except as otherwise provided in subsection (d) of this Code section, a filed financing statement is effective for a period of five years after the date of filing or until the twentieth day after any earlier maturity date required to be specified on the filed financing statement. (b) Lapse and continuation offinancing statement. The effectiveness of a filed financing statement lapses on the expiration of the period of its effectiveness unless before the lapse a continuation statement is filed pursuant to subsection (c) of this Code section. Upon lapse, a financing statement ceases to be effective and any security interest or agricultural lien that was perfected by the financing statement becomes unperfected, unless the security interest is perfected otherwise. If the security interest or agricultural lien becomes unperfected upon lapse, it is deemed never to have been perfected as against a purchaser of the collateral for value. (c) When continuation statement may befiled. A continuation statement may be filed only within six months before the expiration of the five-year period specified in subsection (a) of this Code section or the occurrence of any earlier maturity date required to be specified on a filed financing statement. (d) Effect offiling continuation statement. Except as otherwise provided in Code Section 11-9-510. upon timely filing of a continuation statement, the effectiveness ofthe initial financing statement continues for a period offive years commencing on the day on which the financing statement would have become ineffective in the absence of the filing or, where both (1) the collateral described consists only of consumer goods as defined in paragraph (24) of subsection (a) of Code Section 11-9-102 and (2) the secured obligation is originally $5,000.00 or less, any earlier maturity date of the secured obligation specified on such continuation statement. Upon the expiration of the five-year period or the earlier occurrence of a required specified maturity date, the financing statement lapses in the same manner as provided in subsection (b) of this Code section, unless, before the lapse, another continuation statement is filed pursuant to subsection (c) of this Code section. Succeeding continuation statements may be filed in the same manner to continue the effectiveness of the initial financing statement.
11-9-516. What constitutes filing; effectiveness of filing. (a) What constitutes filing. Except as otherwise provided in subsection (b) of this Code section, communication of a record to a filing office and tender of the filing fee or acceptance of the record by the filing office constitutes filing. (b) Refusal to accept record; filing does not occur. Filing does not occur with respect to a record that a filing office refuses to accept because:
(1) The record is not communicated by a method or medium of communication authorized by the filing office; (2) An amount equal to or greater than the applicable filing fee is not tendered;

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(3) The authority is unable to index the record because: (A) In the case of an initial financing statement, the record does not provide a name for the debtor; (B) In the case of an amendment or correction statement, the record: (i) Does not identify the initial financing statement as required by Code Section 11-9-512 or 11-9-518, as applicable; (ii) Identifies an initial financing statement whose effectiveness has lapsed under Code Section 11-9-515; (iii) Identifies more than one initial financing statement; or (iv) Indicates that it is presented to accomplish more than one action, such as amendment and continuation; (C) In the case of an initial financing statement that provides the name of a debtor identified as an individual or an amendment that provides a name of a debtor identified as an individual which was not previously provided in the financing statement to which the record relates, the record does not identify the debtor's last name; or (D) In the case of a record filed or recorded in the filing office described in paragraph (1) of subsection (a) of Code Section 11-9-501, the record does not provide a sufficient description of the real property to which it relates;
(4) In the case of an initial financing statement or an amendment that adds a secured party of record, the record does not provide a name and mailing address for the secured party of record; (5) In the case of an initial financing statement or an amendment that provides a name of a debtor which was not previously provided in the financing statement to which the amendment relates, the record does not:
(A) Provide a mailing address for the debtor; (B) Indicate whether the debtor is an individual or an organization; or (C) If the financing statement indicates that the debtor is an organization, provide:
(i) A type of organization for the debtor; or (ii) A jurisdiction of organization for the debtor; or (6) In the case of an assignment reflected in an initial financing statement under subsection (a) of Code Section 11-9-514 or an amendment filed under subsection (b) of Code Section 11-9-514, the record does not provide a name and mailing address for the assignee. (c) Rules applicable to subsection (b) of this Code section. For purposes of subsection (b) of this Code section: (1) A record does not provide information if the filing office is unable to read or decipher the information; and (2) A record that does not indicate that it is an amendment or accurately identify an initial financing statement to which it relates, as required by Code Section 11-9-512, 11-9-514, or 11-9-518, is an initial financing statement. (d) Refusal to accept record; record effective as filed record. A record that is communicated to the filing office with tender of the filing fee, but which the filing office refuses to accept for a reason other than one set forth in

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subsection (b) of this Code section, is effective as a filed record except as against a purchaser of the collateral which gives value in reasonable reliance upon the absence of the record from the files.
11-9-517. Effect of indexing errors. The failure of the filing office or authority to index a record correctly does not affect the effectiveness of the filed record.
11 -9-518. Inaccurate or wrongfully filed record. (a) Correction statement. A person may file a correction statement with respect to a record indexed under the person's name if the person believes that the record is inaccurate or was wrongfully filed. The correction statement shall be filed in the filing office of the county where the record was filed. (b) Sufficiency of correction statement. A correction statement must:
(1) Identify the record to which it relates by the file number assigned to the initial financing statement to which the record relates; (2) Indicate that it is a correction statement; and (3) Provide the basis for the person's belief that the record is inaccurate and indicate the manner in which the person believes the record should be amended to cure any inaccuracy or provide the basis for the person's belief that the record was wrongfully filed. (c) Record not affected by correction statement. The filing of a correction statement does not affect the effectiveness of an initial financing statement or other filed record.
Subpart 2 Duties and Operation of Filing Office
and Central Indexing System
11-9-519. Numbering, maintaining, and indexing records; communicating information provided in records.
(a) Filing office duties. For each record filed in a filing office, the filing office shall:
(1) Assign a unique number to the filed record; (2) Create a record that bears the number assigned to the filed record and the date and time of filing; (3) Maintain the filed record or a microfilm or other photostatic, microphotographic, photographic copy, or optical image of the filed record for public inspection; (4) Transmit each record to the authority in such form and manner as may be required by the authority within 24 hours of filing. Weekends and holidays shall not be included in the calculation of the 24 hour period; and (5) Promptly upon discovering any discrepancy between a filed record and the information as it appears in the central indexing system, retransmit such record

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to the authority with a notation as to the discrepancy and a request for correction of the central indexing system information. (b) Central indexing system. (1) The authority shall administer, maintain, and modify a central indexing system which shall contain the records transmitted to it by filing offices pursuant to paragraph (4) of subsection (a) of this Code section. The authority shall, within 24 hours after receipt of each record, include the record in the central filing system and make such information available to the public through the central index. Weekends and holidays shall not be included in the calculation of the 24 hour period. (2) The authority may designate one or more agents who will be responsible for any or all of the duties and functions of the authority set out in this Code section. (c) Indexing; general. The authority shall: (1) Index an initial financing statement according to the name of the debtor and index all filed records relating to the initial financing statement in a manner that associates with one another an initial financing statement and all filed records relating to the initial financing statement; and (2) Index a record that provides a name of a debtor which was not previously provided in the financing statement to which the record relates also according to the name that was not previously provided. (d) Indexing; realproperty relatedfinancing statement. Ifa financing statement is filed as a fixture filing or covers as-extracted collateral, crops, or timber to be cut, it must be filed for record and the filing office shall index it: (1) Under the names of the debtor and of each owner of record shown on the financing statement as ifthey were the mortgagors under a mortgage ofthe real property described; and (2) To the extent that the law of this state provides for indexing of records of mortgages under the name of the mortgagee, under the name of the secured party as if the secured party were the mortgagee thereunder, or, if indexing is by description, as if the financing statement were a record of a mortgage of the real property described. (e) Indexing; real property related assignment. If a financing statement is filed as a fixture filing or covers as-extracted collateral, crops, or timber to be cut, the filing office shall index an assignment filed under subsection (a) of Code Section 11 -9-514 or an amendment filed under subsection (b) of Code Section 11 -9-514: (1) Under the name of the assignor as grantor; and (2) To the extent that the law of this state provides for indexing a record of the assignment of a mortgage under the name of the assignee. (f) Retrieval and association capability. The authority and each filing office shall maintain a capability with respect to the records they are required to index: (1) To retrieve a record by the name of the debtor and by the file number assigned to the initial financing statement to which the record relates; and (2) To associate and retrieve with one another an initial financing statement and each filed record relating to the initial financing statement.

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(g) Removal of debtor's name. The authority may not remove a debtor's name from the central index until one year after the effectiveness of a financing statement naming the debtor lapses under Code Section 11 -9-515 with respect to all secured parties of record.
11-9-520. Acceptance and refusal to accept record. (a) Refusal to accept record. A filing office may refuse to accept a record for filing only for a reason set forth in subsection (b) of Code Section 11-9-516. (b) Communication concerning refusal. If a filing office refuses to accept a record for filing, it shall communicate to the person that presented the record the fact of and reason for the refusal and the date and time the record would have been filed had the filing office accepted it. The communication must be made at the time and in the manner prescribed by filing office rule but in no event more than two business days after the filing office receives the record. (c) When filed financing statement effective. A filed financing statement satisfying subsections (a) and (b) of Code Section 11-9-502 is effective, even if the filing office refuses to accept it for filing under subsection (a) of this Code section. However, Code Section 11-9-338 applies to a filed financing statement providing information described in paragraph (5) of subsection (b) of Code Section 11 -9-516 which is incorrect at the time the financing statement is filed. (d) Separate application to multiple debtors. If a record communicated to a filing office provides information that relates to more than one debtor, this part applies as to each debtor separately.
11-9-521. Uniform form of written financing statement and amendment; authority may prescribe forms.
(a) Initial financing statement form. Except for a reason set forth in subsection (b) of Code Section 11-9-516, a filing office that accepts written records may not refuse to accept a written initial financing statement in the form and format set out in Section 9-521 (a) of the Official Text of Revised Article 9, 2000 Revision, of the Uniform Commercial Code promulgated by the American Law Institute and the National Conference of Commissioners on Uniform State Laws, and such form and format are incorporated into this subsection by reference. (b) Amendment form. Except for a reason set forth in subsection (b) of Code Section 11-9-516, a filing office that accepts written records may not refuse to accept a written record amending an initial financing statement if such record is in the form and format set out in Section 9-521 (b) of the Official Text of Revised Article 9, 2000 Revision, of the Uniform Commercial Code promulgated by the American Law Institute and the National Conference of Commissioners on Uniform State Laws, and such form and format are incorporated into this subsection by reference. (c) The authority may prescribe forms for initial financing statements and amendments. Subject to the provisions of subsections (a) and (b) of this Code

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section, all written financing statements and amendments must be presented for filing on forms prescribed by the authority.
11-9-522. Maintenance and destruction of records. (a) Postlapse maintenance and retrieval of information. The authority shall maintain a record of the information provided in a filed record for at least one year after the effectiveness of such record or the initial financing statement to which such record relates has lapsed under Code Section 11-9-515 with respect to all secured parties of record. The record must be retrievable by using the name of the debtor and by using the file number assigned to the initial financing statement to which the record relates. (b) Destruction ofwritten records. Except to the extent that an applicable statute governing disposition of public records provides otherwise, the filing office or the authority immediately may destroy any written record evidencing a financing statement. However, if the filing office or the authority destroys a written record, it shall maintain another record of the financing statement which complies with subsection (a) of this Code section.
11-9-523. Information from filing office and central indexing system; sale or license of records.
(a) Acknowledgment offiling written record. If a person that files a written record requests an acknowledgment of the filing, the filing office shall send to the person an image of the record showing the number assigned to the record pursuant to paragraph (1) of subsection (a) of Code Section 11 -9-519 and the date and time of the filing of the record. However, if the person furnishes a copy of the record to the filing office, the filing office may instead:
(1) Note upon the copy the number assigned to the record pursuant to paragraph (1) of subsection (a) of Code Section 11 -9-519 and the date and time of the filing of the record; and (2) Send the copy to the person. (b) Acknowledgment offiling other record. If a person files a record other than a written record, the filing office shall communicate to the person an acknowledgment that provides: (1) The information in the record; (2) The number assigned to the record pursuant to paragraph (1) of subsection (a) of Code Section 11-9-519; and (3) The date and time of the filing of the record. (c) Communication of requested information. Upon payment of a fee therefor established from time to time by the authority, the authority shall communicate or otherwise make available in a record the following information to any person that requests it: (1) Whether there is on file on a date and time specified by the authority, but not a date earlier than three business days before the authority receives the request, any financing statement that:

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(A) Designates a particular debtor (or, if the request so states, designates a particular debtor at the address specified in the request); (B) Has not lapsed under Code Section 11 -9-515 with respect to all secured parties of record; and (C) If the request so states, has lapsed under Code Section 11-9-515 and a record of which is maintained by the authority under subsection (a) of Code Section 11-9-522; (2) The date and time of filing of each financing statement; and (3) The information provided in each financing statement. (d) Medium for communicating information. In complying with its duty under subsection (c) of this Code section, the authority may communicate information in any medium. However, if requested, the authority shall communicate information by issuing a record that can be admitted into evidence in the courts of this state without extrinsic evidence of its authenticity. (e) Timeliness ofperformance. The filing office shall perform the acts required by subsections (a) and (b) of this Code section and the authority shall perform the acts required by subsections (c) and (d) of this Code section at the time and in the manner prescribed by filing office rule but not later than two business days after the filing office or the authority, as the case may be, receives the request. (f) Public availability ofrecords. At least weekly, the authority shall offer to sell or license to the public on a nonexclusive basis, upon payment of the fee therefor established from time to time by the authority, in bulk, copies of all records transmitted to it under this part, in every medium from time to time available to the authority.
11-9-524. Delay by filing office or authority. Delay by the filing office or authority beyond a time limit prescribed by this part is excused if:
(1) The delay is caused by interruption of communication or computer facilities, war, emergency conditions, failure of equipment, or other circumstances beyond control of the filing office or authority; and (2) The filing office or authority exercises reasonable diligence under the circumstances.
11-9-525. Fees. (a) Initial financing statement; general. Except as otherwise provided in subsection (b) ofthis Code section, the fees for filing a record under this part are the amounts specified in Article 2 of Chapter 6 of Title 15. (b) Fees of the Georgia Superior Court Clerks ' Cooperative Authority. The Georgia Superior Court Clerks' Cooperative Authority is authorized to set and collect fees for incidental services and information provided by the authority or its designated agent with respect to the central indexing system if such fees are not otherwise prescribed by law.

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11-9-526. Rules. (a) Adoption offiling office rules. The authority shall adopt and publish rules to implement this article, including rules to administer, maintain, and modify the central indexing system. The filing office rules must be consistent with this article. (b) Harmonization ofrules. To keep the filing office rules, practices ofthe filing offices, and practices of the authority in harmony with the rules and practices in other jurisdictions that enact substantially this part, and to keep the technology used by the filing offices and the authority compatible with the technology used in other jurisdictions that enact substantially this part, the authority, so far as is consistent with the purposes, policies, and provisions of this article, in adopting, amending, and repealing filing office rules, shall:
(1) Consult with filing offices in other jurisdictions that enact substantially this part; and (2) Consult the most recent version of the Model Rules promulgated by the International Association of Corporate Administrators or any successor organization; and (3) Take into consideration the rules and practices of, and the technology used by, filing offices in other jurisdictions that enact substantially this part. (c) Notification systemforfarm products. The authority shall not be authorized to adopt rules to implement a notification system for farm products in conformity with the requirements of Section 1324 of the federal Food Security Act of 1985, P.L. 99-198, as now in effect or as hereafter amended, and shall not be authorized to request certification of such notification system by the secretary of the United States Department of Agriculture.
Part 6 Default Subpart 1 Default and Enforcement of Security Interest
11 -9-601. Rights after default; judicial enforcement; consignor or buyer of accounts, chattel paper, payment intangibles, or promissory notes.
(a) Rights ofsecured party after default. After default, a secured party has the rights provided in this part and, except as otherwise provided in Code Section 11-9-602, those provided by agreement of the parties. A secured party:
(1) May reduce a claim tojudgment, foreclose, or otherwise enforce the claim, security interest, or agricultural lien by any available judicial procedure; and (2) If the collateral is documents, may proceed either as to the documents or as to the goods they cover. (b) Rights and duties ofsecuredparty in possession or control. A secured party in possession of collateral or control of collateral under Code Section 11-9-104, 11-9-105, 11-9-106, or 11-9-107 has the rights and duties provided in Code Section 11-9-207.

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(c) Rights cumulative; simultaneous exercise. The rights under subsections (a) and (b) ofthis Code section are cumulative and may be exercised simultaneously. (d) Rights ofdebtor and obligor. Except as otherwise provided in subsection (g) of this Code section and Code Section 11-9-605, after default, a debtor and an obligor have the rights provided in this part and by agreement of the parties. (e) Lien of levy after judgment. If a secured party has reduced its claim to judgment, the lien of any levy that may be made upon the collateral by virtue of an execution based upon the judgment relates back to the earliest of:
(1) The date of perfection of the security interest or agricultural lien in the collateral; (2) The date of filing a financing statement covering the collateral; or (3) Any date specified in a statute under which the agricultural lien was created. (f) Execution sale. A sale pursuant to an execution is a foreclosure of the security interest or agricultural lien by judicial procedure within the meaning of this Code section. A secured party may purchase at the sale and thereafter hold the collateral free of any other requirements of this article. (g) Consignor or buyer of certain rights to payment. Except as otherwise provided in subsection (c) ofCode Section 11 -9-607, this part imposes no duties upon a secured party that is a consignor or is a buyer of accounts, chattel paper, payment intangibles, or promissory notes.
11-9-602. Waiver and variance of rights and duties. Except as otherwise provided in Code Section 11 -9-624, to the extent that they give rights to a debtor or obligor and impose duties on a secured party, the debtor or obligor may not waive or vary the rules stated in the following listed sections:
(1) Subparagraph (b)(4)(C) of Code Section 11-9-207, which deals with use and operation of the collateral by the secured party; (2) Code Section 11-9-210, which deals with requests for an accounting and requests concerning a list of collateral and statement of account; (3) Subsection (c) of Code Section 11-9-607, which deals with collection and enforcement of collateral; (4) Subsection (a) of Code Section 11 -9-608 and subsection (c) of Code Section 11 -9-615 to the extent that they deal with application or payment of noncash proceeds of collection, enforcement, or disposition; (5) Subsection (a) of Code Section 11-9-608 and subsection (d) of Code Section 11 -9-615 to the extent that they require accounting for or payment of surplus proceeds of collateral; (6) Code Section 11 -9-609 to the extent that it imposes upon a secured party that takes possession of collateral without judicial process the duty to do so without breach of the peace; (7) Subsection (b) of Code Section 11-9-610 and Code Sections 11-9-611, 11-9-613, and 11-9-614, which deal with disposition of collateral;

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(8) Subsection (f) of Code Section 11-9-615, which deals with calculation of a deficiency or surplus when a disposition is made to the secured party, a person related to the secured party, or a secondary obligor; (9) Code Section 11-9-616, which deals with explanation of the calculation of a surplus or deficiency; (10) Code Sections 11-9-620, 11-9-621, and 11-9-622, which deal with acceptance of collateral in satisfaction of obligation; (11) Code Section 11-9-623, which deals with redemption of collateral; (12) Code Section 11 -9-624, which deals with permissible waivers; and (13) Code Sections 11-9-625 and 11-9-626, which deal with the secured party's liability for failure to comply with this article.
11-9-603. Agreement on standards concerning rights and duties. (a) Agreed standards. The parties may determine by agreement the standards measuring the fulfillment of the rights of a debtor or obligor and the duties of a secured party under a rule stated in Code Section 11-9-602 if the standards are not manifestly unreasonable. (b) Agreed standards inapplicable to breach ofpeace. Subsection (a) of this Code section does not apply to the duty under Code Section 11-9-609 to refrain from breaching the peace.
11-9-604. Procedure if security agreement covers real property or fixtures. (a) Enforcement; personal and real property. If a security agreement covers both personal and real property, a secured party may proceed:
(1) Under this part as to the personal property without prejudicing any rights with respect to the real property; or (2) As to both the personal property and the real property in accordance with the rights with respect to the real property, in which case the other provisions of this part do not apply. (b) Enforcement; fixtures. Subject to subsection (c) of this Code section, if a security agreement covers goods that are or become fixtures, a secured party may proceed: (1) Under this part; or (2) In accordance with the rights with respect to real property, in which case the other provisions of this part do not apply. (c) Removal affixtures. Subject to the other provisions of this part, if a secured party holding a security interest in fixtures has priority over all owners and encumbrancers of the real property, the secured party, after default, may remove the collateral from the real property. (d) Injury caused by removal. A secured party that removes collateral shall promptly reimburse any encumbrancer or owner of the real property, other than the debtor, for the cost of repair of any physical injury caused by the removal. The secured party need not reimburse the encumbrancer or owner for any diminution in value of the real property caused by the absence of the goods removed or by any necessity of replacing them. A person entitled to

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reimbursement may refuse permission to remove until the secured party gives adequate assurance for the performance of the obligation to reimburse.
11-9-605. Unknown debtor or secondary obligor. A secured party does not owe a duty based on its status as secured party:
(1) To a person that is a debtor or obligor, unless the secured party knows: (A) That the person is a debtor or obligor; (B) The identity of the person; and (C) How to communicate with the person; or
(2) To a secured party or lienholder that has filed a financing statement against a person, unless the secured party knows:
(A) That the person is a debtor; and (B) The identity of the person.
11-9-606. Time of default for agricultural lien. For purposes of this part, a default occurs in connection with an agricultural lien at the time the secured party becomes entitled to enforce the lien in accordance with the statute under which it was created.
11-9-607. Collection and enforcement by secured party. (a) Collection and enforcement generally. If so agreed, and in any event after default, a secured party:
(1) May notify an account debtor or other person obligated on collateral to make payment or otherwise render performance to or for the benefit of the secured party; (2) May take any proceeds to which the secured party is entitled under Code Section 11-9-315; (3) May enforce the obligations of an account debtor or other person obligated on collateral and exercise the rights of the debtor with respect to the obligation of the account debtor or other person obligated on collateral to make payment or otherwise render performance to the debtor and with respect to any property that secures the obligations of the account debtor or other person obligated on the collateral; (4) If it holds a security interest in a deposit account perfected by control under paragraph (1) of subsection (a) of Code Section 11-9-104, may apply the balance ofthe deposit account to the obligation secured by the deposit account; and (5) If it holds a security interest in a deposit account perfected by control under paragraph (2) or (3) of subsection (a) of Code Section 11-9-104, may instruct the bank to pay the balance of the deposit account to or for the benefit of the secured party. (b) Nonjudicial enforcement ofmortgage. Ifnecessary to enable a secured party to exercise under paragraph (3) of subsection (a) of this Code section the right of a debtor to enforce a mortgage nonjudicially, the secured party may record in the office in which a record of the mortgage is recorded:

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(1) A copy of the security agreement that creates or provides for a security interest in the obligation secured by the mortgage; and (2) The secured party's sworn affidavit in recordable form stating that:
(A) A default has occurred; and (B) The secured party is entitled to enforce the mortgage nonjudicially. (c) Commercially reasonable collection and enforcement. A secured party shall proceed in a commercially reasonable manner if the secured party: (1) Undertakes to collect from or enforce an obligation of an account debtor or other person obligated on collateral; and (2) Is entitled to charge back uncollected collateral or otherwise to full or limited recourse against the debtor or a secondary obligor. (d) Expenses ofcollection and enforcement. A secured party may deduct from the collections made pursuant to subsection (c) of this Code section reasonable expenses ofcollection and enforcement, including reasonable attorney's fees and legal expenses incurred by the secured party. (e) Duties to secured party not affected. This Code section does not determine whether an account debtor, bank, or other person obligated on collateral owes a duty to a secured party.
11-9-608. Application of proceeds of collection or enforcement; liability for deficiency and right to surplus.
(a) Application ofproceeds, surplus, and deficiency ifobligation secured. If a security interest or agricultural lien secures payment or performance of an obligation, the following rules apply:
(1) A secured party shall apply or pay over for application the cash proceeds of collection or enforcement under Code Section 11-9-607 in the following order to:
(A) The reasonable expenses of collection and enforcement and, to the extent provided for by agreement and not prohibited by law, reasonable attorney's fees and legal expenses incurred by the secured party; (B) The satisfaction of obligations secured by the security interest or agricultural lien under which the collection or enforcement is made; and (C) The satisfaction of obligations secured by any subordinate security interest in or other lien on the collateral subject to ,the security interest or agricultural lien under which the collection or enforcement is made if the secured party receives an authenticated demand for proceeds before distribution of the proceeds is completed; (2) If requested by a secured party, a holder of a subordinate security interest or other lien shall furnish reasonable proof of the interest or lien within a reasonable time. Unless the holder complies, the secured party need not comply with the holder's demand under subparagraph (C) of paragraph (1) of this subsection. (3) A secured party need not apply or pay over for application noncash proceeds of collection and enforcement under Code Section 11-9-607 unless the failure to do so would be commercially unreasonable. A secured party that

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applies or pays over for application noncash proceeds shall do so in a commercially reasonable manner; and (4) A secured party shall account to and pay a debtor for any surplus, and the obligor is liable for any deficiency. (b) No surplus or deficiency in sales of certain rights to payment. If the underlying transaction is a sale of accounts, chattel paper, payment intangibles, or promissory notes, the debtor is not entitled to any surplus, and the obligor is not liable for any deficiency.
11-9-609. Secured party s right to take possession after default. (a) Possession; rendering equipment unusable; disposition on debtor 'spremises. After default, a secured party:
(1) May take possession of the collateral; and (2) Without removal, may render equipment unusable and dispose of collateral on a debtor's premises under Code Section 11-9-610. (b) Judicial and nonjudicial process. A secured party may proceed under subsection (a) of this Code section: (1) Pursuant to judicial process; or (2) Without judicial process, if it proceeds without breach of the peace. (c) Assembly ofcollateral. If so agreed, and in any event after default, a secured party may require the debtor to assemble the collateral and make it available to the secured party at a place to be designated by the secured party which is reasonably convenient to both parties.
11-9-610. Disposition of collateral after default. (a) Disposition after default. After default, a secured party may sell, lease, license, or otherwise dispose of any or all of the collateral in its present condition or following any commercially reasonable preparation or processing. (b) Commercially reasonable disposition. Every aspect of a disposition of collateral, including the method, manner, time, place, and other terms, must be commercially reasonable. If commercially reasonable, a secured party may dispose of collateral by public or private proceedings, by one or more contracts, as a unit or in parcels, and at any time and place and on any terms. (c) Purchase by secured parry. A secured party may purchase collateral:
(1) At a public disposition; or (2) At a private disposition only if the collateral is of a kind that is customarily sold on a recognized market or the subject of widely distributed standard price quotations. (d) Warranties on disposition. A contract for sale, lease, license, or other disposition includes the warranties relating to title, possession, quiet enjoyment, and the like which by operation of law accompany a voluntary disposition of property of the kind subject to the contract. (e) Disclaimer of warranties. A secured party may disclaim or modify warranties under subsection (d) of this Code section:

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(1) In a manner that would be effective to disclaim or modify the warranties in a voluntary disposition of property of the kind subject to the contract of disposition; or (2) By communicating to the purchaser a record evidencing the contract for disposition and including an express disclaimer or modification of the warranties. (f) Record sufficient to disclaim warranties. A record is sufficient to disclaim warranties under subsection (e) of this Code section if it indicates There is no warranty relating to title, possession, quiet enjoyment, or the like in this disposition' or uses words of similar import.
11 -9-611. Notification before disposition of collateral. (a) 'Notification date.' As used in this Code section, the term 'notification date' means the earlier of the date on which:
(1) A secured party sends to the debtor and any secondary obligor an authenticated notification of disposition; or (2) The debtor and any secondary obligor waive the right to notification. (b) Notification of disposition required. Except as otherwise provided in subsection (d) of this Code section, a secured party that disposes of collateral under Code Section 11 -9-610 shall send to the persons specified in subsection (c) of this Code section a reasonable authenticated notification of disposition. (c) Persons to be notified. To comply with subsection (b) of this Code section, the secured party shall send an authenticated notification of disposition to: (1) The debtor; (2) Any secondary obligor; and (3) If the collateral is other than consumer goods:
(A) Any other person from which the secured party has received, before the notification date, an authenticated notification of a claim of an interest in the collateral; (B) Any other secured party or lienholder that, ten days before the notification date, held a security interest in or other lien on the collateral perfected by the filing of a financing statement that:
(i) Identified the collateral; (ii) Was indexed under the debtor's name as of that date; and (iii) Was filed in the office in which to file a financing statement against the debtor covering the collateral as of that date; and (C) Any other secured party that, ten days before the notification date, held a security interest in the collateral perfected by compliance with a statute, regulation, or treaty described in subsection (a) of Code Section 11 -9-311. (d) Subsection (b) of this Code section inapplicable; perishable collateral; recognized market. Subsection (b) of this Code section does not apply if the collateral is perishable or threatens to decline speedily in value or is of a type customarily sold on a recognized market.

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(e) Compliance with subparagraph (c)(3)(B) of this Code section. A secured party complies with the requirement for notification prescribed by subparagraph (c)(3)(B) of this Code section if:
(1) Not later than 20 days or earlier than 30 days before the notification date, the secured party requests, in a commercially reasonable manner, information concerning financing statements indexed under the debtor's name in the office indicated in subparagraph (c)(3)(B) of this Code section; and (2) Before the notification date, the secured party:
(A) Did not receive a response to the request for information; or (B) Received a response to the request for information and sent an authenticated notification of disposition to each secured party or other lienholder named in that response whose financing statement covered the collateral.
11-9-612. Timeliness of notification before disposition of collateral. (a) Reasonable time is question offact. Except as otherwise provided in subsection (b) of this Code section, whether a notification is sent within a reasonable time is a question of fact. (b) Ten-day period sufficient in nonconsumer transaction. In a transaction other than a consumer transaction, a notification of disposition sent after default and ten days or more before the earliest time of disposition set forth in the notification is sent within a reasonable time before the disposition.
11-9-613. Contents and form of notification before disposition of collateral; general.
Except in a consumer goods transaction, the following rules apply: (1) The contents of a notification of disposition are sufficient if the notification: (A) Describes the debtor and the secured party; (B) Describes the collateral that is the subject of the intended disposition; (C) States the method of intended disposition; (D) States that the debtor is entitled to an accounting of the unpaid indebtedness and states the charge, if any, for an accounting; and (E) States the time and place of a public disposition or the time after which any other disposition is to be made; (2) Whether the contents of a notification that lacks any of the information specified in paragraph (1) of this Code section are nevertheless sufficient is a question of fact; (3) The contents of a notification providing substantially the information specified in paragraph (1) of this Code section are sufficient, even if the notification includes: (A) Information not specified by that paragraph; or (B) Minor errors that are not seriously misleading; (4) A particular phrasing of the notification is not required; and

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(5) The following form of notification and the form appearing in paragraph (3) of Code Section 11-9-614, when completed, each provides sufficient information:
NOTIFICATION OF DISPOSITION OF COLLATERAL
To: ("Name of debtor, obligor, or other person to which the notification is sent) From: (Name, address, and telephone number of secured party) Name of Debtor(s): (Include only if debtor(s) is (are) not an addressee)
(For a public disposition:) We will sell (or lease or license, as applicable) the (describe collateral) to the highest qualified bidder in public as follows: Day and date: __________ Time: _________ Place: ___________
(For a private disposition:) We will sell (or lease or license, as applicable) the (describe collateral) privately sometime after (day and date). You are entitled to an accounting of the unpaid indebtedness secured by the property that we intend to sell (or lease or license, as applicable) (for a charge of $_______). You may request an accounting by calling us at (telephone number).
11 -9-614. Contents and form of notification before disposition of collateral; consumer goods transaction.
In a consumer goods transaction, the following rules apply: (1) A notification of disposition must provide the following information: (A) The information specified in paragraph (1) of Code Section 11-9-613; (B) A description of any liability for a deficiency of the person to which the notification is sent; (C) A telephone number from which the amount that must be paid to the secured parry to redeem the collateral under Code Section 11-9-623 is available; and (D) A telephone number or mailing address from which additional information concerning the disposition and the obligation secured is available; (2) A particular phrasing of the notification is not required; (3) The following form of notification, when completed, provides sufficient information: (Name and address of secured party) (Date)_____

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NOTICE OF OUR PLAN TO SELL PROPERTY
(Name and address of any obligor who is also a debtor) Subject: (Identification of transaction) We have your (describe collateral), because you broke promises in our agreement.
(For a public disposition:) We will sell (describe collateral) at public sale. A sale could include a lease or license. The sale will be held as follows: Date: _________ Time: _________ Place: _________ You may attend the sale and bring bidders if you want.
(For a private disposition:) We will sell (describe collateral) at private sale sometime after (date). A sale could include a lease or license.
The money that we get from the sale (after paying our costs) will reduce the amount you owe. If we get less money than you owe, you (will or will not. as applicable) still owe us the difference. If we get more money than you owe, you will get the extra money, unless we must pay it to someone else. You can get the property back at any time before we sell it by paying us the full amount you owe (not just the past due payments), including our expenses. To learn the exact amount you must pay, call us at (telephone number). If you want us to explain to you in writing how we have figured the amount that you owe us, you may call us at (telephone number) or write us at (secured party's address) and request a written explanation. (We will charge you $_______ for the explanation if we sent you another written explanation of the amount you owe us within the last six months.) If you need more information about the sale call us at (telephone number) or write us at (secured party's address). We are sending this notice to the following other people who have an interest in (describe collateral) or who owe money under your agreement: (Names of all other debtors and obligors, if any); (4) A notification in the form of paragraph (3) of this Code section is sufficient, even if additional information appears at the end of the form; (5) A notification in the form of paragraph (3) of this Code section is sufficient, even if it includes errors in information not required by paragraph (1) of this Code section, unless the error is misleading with respect to rights arising under this article; and

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(6) If a notification under this Code section is not in the form of paragraph (3) of this Code section, law other than this article determines the effect of including information not required by paragraph (1) of this Code section.
11 -9-6 15. Application ofproceeds ofdisposition; liability for deficiency and right to surplus.
(a) Application of proceeds. A secured party shall apply or pay over for application the cash proceeds of a disposition under Code Section 11 -9-610 in the following order to:
(1) The reasonable expenses of retaking, holding, preparing for disposition, processing, and disposing, and, to the extent provided for by agreement and not prohibited by law, reasonable attorney's fees and legal expenses incurred by the secured party; (2) The satisfaction of obligations secured by the security interest or agricultural lien under which the disposition is made; (3) The satisfaction of obligations secured by any subordinate security interest in or other subordinate lien on the collateral if:
(A) The secured party receives from the holder of the subordinate security interest or other lien an authenticated demand for proceeds before distribution of the proceeds is completed; and (B) In a case in which a consignor has an interest in the collateral, the subordinate security interest or other lien is senior to the interest of the consignor; and (4) A secured party that is a consignor of the collateral if the secured party receives from the consignor an authenticated demand for proceeds before distribution of the proceeds is completed. (b) Proofofsubordinate interest. If requested by a secured party, a holder of a subordinate security interest or other lien shall furnish reasonable proof of the interest or lien within a reasonable time. Unless the holder does so, the secured party need not comply with the holder s demand under paragraph (3) of subsection (a) of this Code section. (c) Application ofnoncash proceeds. A secured party need not apply or pay over for application noncash proceeds of a disposition under Code Section 11-9-610 unless the failure to do so would be commercially unreasonable. A secured party that applies or pays over for application noncash proceeds shall do so in a commercially reasonable manner. (d) Surplus or deficiency if obligation secured. If the security interest under which a disposition is made secures payment or performance of an obligation, after making the payments and applications required by subsection (a) of this Code section and permitted by subsection (c) of this Code section: (1) Unless paragraph (4) of subsection (a) of this Code section requires the secured party to apply or pay over cash proceeds to a consignor, the secured party shall account to and pay a debtor for any surplus; and (2) The obligor is liable for any deficiency.

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(e) No surplus or deficiency in sales of certain rights to payment. If the underlying transaction is a sale of accounts, chattel paper, payment intangibles, or promissory notes:
(1) The debtor is not entitled to any surplus; and (2) The obligor is not liable for any deficiency. (f) Calculation of surplus or deficiency in disposition to person related to secured party. The surplus or deficiency following a disposition is calculated based on the amount of proceeds that would have been realized in a disposition complying with this part to a transferee other than the secured party, a person related to the secured party, or a secondary obligor if: (1) The transferee in the disposition is the secured party, a person related to the secured party, or a secondary obligor; and (2) The amount of proceeds of the disposition is significantly below the range of proceeds that a complying disposition to a person other than the secured party, a person related to the secured party, or a secondary obligor would have brought. (g) Cash proceeds received by junior secured party. A secured party that receives cash proceeds of a disposition in good faith and without knowledge that the receipt violates the rights of the holder of a security interest or other lien that is not subordinate to the security interest or agricultural lien under which the disposition is made: (1) Takes the cash proceeds free of the security interest or other lien; (2) Is not obligated to apply the proceeds of the disposition to the satisfaction of obligations secured by the security interest or other lien; and (3) Is not obligated to account to or pay the holder of the security interest or other lien for any surplus.
11 -9-616. Explanation of calculation of surplus or deficiency. (a) Definitions. As used in this Code section, the term:
(1) 'Explanation' means a writing that: (A) States the amount of the surplus or deficiency; (B) Provides an explanation in accordance with subsection (c) of this Code section of how the secured party calculated the surplus or deficiency; (C) States, if applicable, that future debits, credits, charges, including additional credit service charges or interest, rebates, and expenses may affect the amount of the surplus or deficiency; and (D) Provides a telephone number or mailing address from which additional information concerning the transaction is available.
(2) 'Request' means a record: (A) Authenticated by a debtor or consumer obligor; (B) Requesting that the recipient provide an explanation; and (C) Sent after disposition of the collateral under Code Section 11-9-610.
(b) Explanation of calculation. In a consumer goods transaction in which the debtor is entitled to a surplus or a consumer obligor is liable for a deficiency under Code Section 11-9-615, the secured party shall:

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(1) Send an explanation to the debtor or consumer obligor, as applicable, after the disposition and:
(A) Before or when the secured party accounts to the debtor and pays any surplus or first makes written demand on the consumer obligor after the disposition for payment of the deficiency; and (B) Within 14 days after receipt of a request; or (2) In the case of a consumer obligor who is liable for a deficiency, within 14 days after receipt of a request, send to the consumer obligor a record waiving the secured party's right to a deficiency. (c) Required information. To comply with subparagraph (a)( 1 )(B) of this Code section, a writing must provide the following information in the following order: (1) The aggregate amount of obligations secured by the security interest under which the disposition was made, and, if the amount reflects a rebate of unearned interest or credit service charge, an indication of that fact, calculated as of a specified date: (A) If the secured party takes or receives possession of the collateral after default, not more than 35 days before the secured party takes or receives possession; or (B) If the secured party takes or receives possession of the collateral before default or does not take possession of the collateral, not more than 35 days before the disposition; (2) The amount of proceeds of the disposition; (3) The aggregate amount of the obligations after deducting the amount of proceeds; (4) The amount, in the aggregate 01 by type, and types of expenses, including expenses of retaking, holding, preparing for disposition, processing, and disposing of the collateral, and attorney's fees secured by the collateral which are known to the secured party and relate to the current disposition; (5) The amount, in the aggregate or by type, and types of credits, including rebates of interest or credit service charges, to which the obligor is known to be entitled and which are not reflected in the amount in paragraph (1) of this subsection; and (6) The amount of the surplus or deficiency. (d) Substantial compliance. A particular phrasing of the explanation is not required. An explanation complying substantially with the requirements of subsection (a) of this Code section is sufficient, even if it includes minor errors that are not seriously misleading. (e) Charges for responses. A debtor or consumer obligor is entitled without charge to one response to a request under this Code section during any six-month period in which the secured party did not send to the debtor or consumer obligor an explanation pursuant to paragraph (1) of subsection (b) of this Code section. The secured party may require payment of a charge not exceeding $10.00 for each additional response.

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11 -9-617. Rights of transferee of collateral. (a) Effects of disposition. A secured party's disposition of collateral after default:
(1) Transfers to a transferee for value all ofthe debtor's rights in the collateral; (2) Discharges the security interest under which the disposition is made; and (3) Discharges any subordinate security interest or other subordinate lien. (b) Rights ofgoodfaith transferee. A transferee that acts in good faith takes free of the rights and interests described in subsection (a) of this Code section, even if the secured party fails to comply with this article or the requirements of any judicial proceeding. (c) Rights ofother transferee. If a transferee does not take free ofthe rights and interests described in subsection (a) of this Code section, the transferee takes the collateral subject to: (1) The debtor's rights in the collateral; (2) The security interest or agricultural lien under which the disposition is made; and (3) Any other security interest or other lien.
11-9-618. Rights and duties of certain secondary obligors. (a) Rights and duties of secondary obligor. A secondary obligor acquires the rights and becomes obligated to perform the duties of the secured party after the secondary obligor:
(1) Receives an assignment of a secured obligation from the secured party; (2) Receives a transfer of collateral from the secured party and agrees to accept the rights and assume the duties of the secured party; or (3) Is subrogated to the rights of a secured party with respect to collateral. (b) Effect of assignment, transfer, or subrogation. An assignment, transfer, or subrogation described in subsection (a) of this Code section: (1) Is not a disposition of collateral under Code Section 11-9-610; and (2) Relieves the secured party of further duties under this article.
11-9-619. Transfer of record or legal title. (a) 'Transfer statement.' As used in this Code section, the term 'transfer statement' means a record authenticated by a secured party stating:
(1) That the debtor has defaulted in connection with an obligation secured by specified collateral; (2) That the secured party has exercised its postdefault remedies with respect to the collateral; (3) That, by reason of the exercise, a transferee has acquired the rights of the debtor in the collateral; and (4) The name and mailing address ofthe secured party, debtor, and transferee. (b) Effect oftransfer statement. A transfer statement entitles the transferee to the transfer of record of all rights of the debtor in the collateral specified in the statement in any official filing, recording, registration, or certificate of title system covering the collateral. If a transfer statement is presented with the

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applicable fee and request form to the official or office responsible for maintaining the system, the official or office shall:
(1) Accept the transfer statement; (2) Promptly amend its records to reflect the transfer; and (3) If applicable, issue a new appropriate certificate of title in the name of the transferee. (c) Transfer not a disposition; no reliefofsecuredparty s duties. A transfer of the record or legal title to collateral to a secured party under subsection (b) of this Code section or otherwise is not of itself a disposition of collateral under this article and does not of itself relieve the secured party of its duties under this article.
11-9-620. Acceptance of collateral in full or partial satisfaction of obligation; compulsory disposition of collateral.
(a) Conditions to acceptance in satisfaction. Except as otherwise provided in subsection (g) of this Code section, a secured party may accept collateral in full or partial satisfaction of the obligation it secures only if:
(1) The debtor consents to the acceptance under subsection (c) of this Code section; (2) The secured party does not receive, within the time set forth in subsection (d) of this Code section, a notification of objection to the proposal authenticated by:
(A) A person to which the secured party was required to send a proposal under Code Section 11 -9-621; or (B) Any other person, other than the debtor, holding an interest in the collateral subordinate to the security interest that is the subject of the proposal; (3) If the collateral is consumer goods, the collateral is not in the possession of the debtor when the debtor consents to the acceptance; and (4) Subsection (e) of this Code section does not require the secured party to dispose ofthe collateral or the debtor waives the requirement pursuant to Code Section 11-9-624. (b) Purported acceptance ineffective. A purported or apparent acceptance of collateral under this Code section is ineffective unless: (1) The secured party consents to the acceptance in an authenticated record or sends a proposal to the debtor; and (2) The conditions of subsection (a) of this Code section are met. (c) Debtor s consent. For purposes of this Code section: (1) A debtor consents to an acceptance of collateral in partial satisfaction of the obligation it secures only ifthe debtor agrees to the terms ofthe acceptance in a record authenticated after default; and (2) A debtor consents to an acceptance of collateral in full satisfaction of the obligation it secures only if the debtor agrees to the terms of the acceptance in a record authenticated after default or the secured party:

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(A) Sends to the debtor after default a proposal that is unconditional or subject only to a condition that collateral not in the possession ofthe secured party be preserved or maintained; (B) In the proposal, proposes to accept collateral in full satisfaction of the obligation it secures; and (C) Does not receive a notification of objection authenticated by the debtor within 20 days after the proposal is sent. (d) Effectiveness of notification. To be effective under paragraph (2) of subsection (a) of this Code section, a notification of objection must be received by the secured party: (1) In the case of a person to which the proposal was sent pursuant to Code Section 11 -9-621, within 20 days after notification was sent to that person; and (2) In other cases: (A) Within 20 days after the last notification was sent pursuant to Code Section 11-9-621; or (B) If a notification was not sent, before the debtor consents to the acceptance under subsection (c) of this Code section. (e) Mandatory disposition of consumer goods. A secured party that has taken possession of collateral shall dispose of the collateral pursuant to Code Section 11-9-610 within the time specified in subsection (f) of this Code section if: (1) Sixty percent of the cash price has been paid in the case of a purchase money security interest in consumer goods; or (2) Sixty percent of the principal amount of the obligation secured has been paid in the case of a nonpurchase money security interest in consumer goods. (f) Compliance with mandatory disposition requirement. To comply with subsection (e) of this Code section, the secured party shall dispose of the collateral: (1) Within 90 days after taking possession; or (2) Within any longer period to which the debtor and all secondary obligors have agreed in an agreement to that effect entered into and authenticated after default. (g) No partial satisfaction in consumer transaction. In a consumer transaction, a secured party may not accept collateral in partial satisfaction of the obligation it secures.
11 -9-621. Notification of proposal to accept collateral. (a) Persons to which proposal to be sent. A secured party that desires to accept collateral in full or partial satisfaction of the obligation it secures shall send its proposal to:
(1) Any person from which the secured party has received, before the debtor consented to the acceptance, an authenticated notification of a claim of an interest in the collateral; (2) Any other secured party or lienholder that, ten days before the debtor consented to the acceptance, held a security interest in or other lien on the collateral perfected by the filing of a financing statement that:

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(A) Identified the collateral; (B) Was indexed under the debtor's name as of that date; and (C) Was filed in the office or offices in which to file a financing statement against the debtor covering the collateral as of that date; and (3) Any other secured party that, ten days before the debtor consented to the acceptance, held a security interest in the collateral perfected by compliance with a statute, regulation, or treaty described in subsection (a) of Code Section 11-9-311. (b) Proposal to be sent to secondary obligor in partial satisfaction. A secured party that desires to accept collateral in partial satisfaction of the obligation it secures shall send its proposal to any secondary obligor in addition to the persons described in subsection (a) of this Code section.
11 -9-622. Effect of acceptance of collateral. (a) Effect of acceptance. A secured party's acceptance of collateral in full or partial satisfaction of the obligation it secures:
(1) Discharges the obligation to the extent consented to by the debtor; (2) Transfers to the secured party all of a debtor's rights in the collateral; (3) Discharges the security interest or agricultural lien that is the subject ofthe debtor's consent and any subordinate security interest or other subordinate I ien; and (4) Terminates any other subordinate interest. (b) Discharge of subordinate interest notwithstanding noncompliance. A subordinate interest is discharged or terminated under subsection (a) ofthis Code section, even if the secured party fails to comply with this article.
11-9-623. Right to redeem collateral. (a) Persons that may redeem. A debtor, any secondary obligor, or any other secured party or lienholder may redeem collateral. (b) Requirementsfor redemption. To redeem collateral, a person shall tender:
(1) Fulfillment of all obligations secured by the collateral; and (2) The reasonable expenses and attorney's fees described in paragraph (1) of subsection (a) of Code Section 11-9-615. (c) When redemption may occur. A redemption may occur at any time before a secured party: (1) Has collected collateral under Code Section 11-9-607; (2) Has disposed of collateral or entered into a contract for its disposition under Code Section 11-9-610; or (3) Has accepted collateral in full or partial satisfaction of the obligation it secures under Code Section 11-9-622.
11-9-624. Waiver. (a) Waiver ofdisposition notification. A debtor or secondary obligor may waive the right to notification of disposition of collateral under Code Section 11 -9-611 only by an agreement to that effect entered into and authenticated after default.

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(b) Waiver of mandatory disposition. A debtor may waive the right to require disposition of collateral under subsection (e) of Code Section 11-9-620 only by an agreement to that effect entered into and authenticated after default. (c) Waiver of redemption right. Except in a consumer goods transaction, a debtor or secondary obligor may waive the right to redeem collateral under Code Section 11-9-623 only by an agreement to that effect entered into and authenticated after default.
Subpart 2 Noncompliance with Article
11-9-625. Remedies for secured party s failure to comply with article. (a) Judicial orders concerning noncompliance. If it is established that a secured party is not proceeding in accordance with this article, a court may order or restrain collection, enforcement, or disposition of collateral on appropriate terms and conditions. (b) Damagesfor noncompliance. Subject to subsections (c), (d), and (f) of this Code section, a person is liable for damages in the amount of any loss caused by a failure to comply with this article. Loss caused by a failure to comply may include loss resulting from the debtor's inability to obtain, or increased costs of, alternative financing. (c) Persons entitled to recover damages; statutory damages in consumer goods transaction. Except as otherwise provided in Code Section 11-9-628:
(1) A person that, at the time of the failure, was a debtor, was an obligor, or held a security interest in or other lien on the collateral may recover damages under subsection (b) of this Code section for its loss; and (2) If the collateral is consumer goods, a person that was a debtor or a secondary obligor at the time a secured party failed to comply with this part may recover for that failure in any event an amount not less than the credit service charge plus 10 percent of the principal amount of the obligation or the time price differential plus 10 percent of the cash price. (d) Recovery when deficiency eliminated or reduced. A debtor whose deficiency is eliminated under Code Section 11 -9-626 may recover damages for the loss of any surplus. However, a debtor or secondary obligor whose deficiency is eliminated or reduced under Code Section 11-9-626 may not otherwise recover under subsection (b) of this Code section for noncompliance with the provisions of this part relating to collection, enforcement, disposition, or acceptance. (e) Statutory damages; noncompliance with specified provisions. In addition to any damages recoverable under subsection (b) of this Code section, the debtor, consumer obligor, or person named as a debtor in a filed record, as applicable, may recover $250.00 in each case from a person that: (1) Fails to comply with Code Section 11-9-208; (2) Fails to comply with Code Section 11-9-209; (3) Files a record that the person is not entitled to file under subsection (a) of Code Section 11-9-509;

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(4) Fails to cause the secured party of record to file or send a termination statement as required by subsection (a) or (c) of Code Section 11-9-513; (5) Fails to comply with paragraph (1) of subsection (b) of Code Section 11-9-616 and whose failure is part of a pattern, or consistent with a practice, of noncompliance; or (6) Fails to comply with paragraph (2) of subsection (b) of Code Section 11-9-616. (f) Statutory damages; noncompliance with Code Section 11-9-210. A debtor or consumer obligor may recover damages under subsection (b) of this Code section and, in addition, $250.00 in each case from a person that, without reasonable cause, fails to comply with a request under Code Section 11-9-210. A recipient of a request under Code Section 11-9-210 which never claimed an interest in the collateral or obligations that are the subject of a request under that Code section has a reasonable excuse for failure to comply with the request within the meaning of this subsection. (g) Limitation ofsecurity interest; noncompliance with Code Section 11-9-210. If a secured party fails to comply with a request regarding a list of collateral or a statement of account under Code Section 11 -9-210, the secured party may claim a security interest only as shown in the list or statement included in the request as against a person that is reasonably misled by the failure.
11-9-626. Action in which deficiency or surplus is in issue. (a) Applicable rules if amount of deficiency or surplus in issue. In an action arising from a transaction, other than a consumer transaction, in which the amount of a deficiency or surplus is in issue, the following rules apply:
(1) A secured party need not prove compliance with the provisions ofthis part relating to collection, enforcement, disposition, or acceptance unless the debtor or a secondary obligor places the secured party's compliance in issue; (2) If the secured party's compliance is placed in issue, the secured party has the burden of establishing that the collection, enforcement, disposition, or acceptance was conducted in accordance with this part; (3) Except as otherwise provided in Code Section 11 -9-628, if a secured party fails to prove that the collection, enforcement, disposition, or acceptance was conducted in accordance with the provisions of this part relating to collection, enforcement, disposition, or acceptance, the liability ofa debtor or a secondary obligor for a deficiency is limited to an amount by which the sum of the secured obligation, expenses, and attorney's fees exceeds the greater of:
(A) The proceeds ofthe collection, enforcement, disposition, or acceptance; or (B) The amount of proceeds that would have been realized had the noncomplying secured party proceeded in accordance with the provisions of this part relating to collection, enforcement, disposition, or acceptance; (4) For purposes of subparagraph (B) of paragraph (3) of this subsection, the amount of proceeds that would have been realized is equal to the sum of the

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secured obligation, expenses, and attorney's fees unless the secured party proves that the amount is less than that sum; (5) Ifa deficiency or surplus is calculated under subsection (f) ofCode Section 11 -9-615, the debtor or obligor has the burden of establishing that the amount of proceeds of the disposition is significantly below the range of prices that a complying disposition to a person other than the secured party, a person related to the secured party, or a secondary obligor would have brought. (b) Nonconsumer transactions; no inference. The limitation of the rules in subsection (a) of this Code section to transactions other than consumer transactions is intended to leave to the court the determination ofthe proper rules in consumer transactions. The court may not infer from that limitation the nature ofthe proper rule in consumer transactions and may continue to apply established approaches.
11-9-627. Determination of whether conduct was commercially reasonable. (a) Greater amount obtainable under other circumstances; no preclusion of commercial reasonableness. The fact that a greater amount could have been obtained by a collection, enforcement, disposition, or acceptance at a different time or in a different method from that selected by the secured party is not of itself sufficient to preclude the secured party from establishing that the collection, enforcement, disposition, or acceptance was made in a commercially reasonable manner. (b) Dispositions that are commercially reasonable. A disposition of collateral is made in a commercially reasonable manner if the disposition is made:
(1) In the usual manner on any recognized market; (2) At the price current in any recognized market at the time of the disposition; or (3) Otherwise in conformity with reasonable commercial practices among dealers in the type of property that was the subject of the disposition. (c) Approval by court or on behalf of creditors. A collection, enforcement, disposition, or acceptance is commercially reasonable if it has been approved: (1) In a judicial proceeding; (2) By a bona fide creditors' committee; (3) By a representative of creditors; or (4) By an assignee for the benefit of creditors. (d) Approval under subsection (c) ofthis Code section not necessary; absence of approval has no effect. Approval under subsection (c) of this Code section need not be obtained, and lack of approval does not mean that the collection, enforcement, disposition, or acceptance is not commercially reasonable.
11-9-628. Nonliability and limitation on liability of secured party; liability of secondary obligor.
(a) Limitation of liability of secured party for noncompliance with article. Unless a secured party knows that a person is a debtor or obligor, knows the identity of the person, and knows how to communicate with the person:

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(1) The secured party is not liable to the person, or to a secured party or lienholder that has filed a financing statement against the person, for failure to comply with this article; and (2) The secured party's failure to comply with this article does not affect the liability of the person for a deficiency. (b) Limitation ofliability based on status as securedparty. A secured party is not liable because of its status as secured party: (1) To a person that is a debtor or obligor, unless the secured party knows:
(A) That the person is a debtor or obligor; (B) The identity of the person; and (C) How to communicate with the person; or (2) To a secured party or lienholder that has filed a financing statement against a person, unless the secured party knows: (A) That the person is a debtor; and (B) The identity of the person. (c) Limitation ofliability ifreasonable beliefthat transaction not a consumer goods transaction or consumer transaction. A secured party is not liable to any person, and a person's liability for a deficiency is not affected, because of any act or omission arising out of the secured party's reasonable belief that a transaction is not a consumer goods transaction or a consumer transaction or that goods are not consumer goods, if the secured party's belief is based on its reasonable reliance on: (1) A debtor's representation concerning the purpose for which collateral was to be used, acquired, or held; or (2) An obligor's representation concerning the purpose for which a secured obligation was incurred. (d) Limitation ofliabilityfor statutory damages. A secured party is not liable to any person under paragraph (2) of subsection (c) of Code Section 11-9-625 for its failure to comply with Code Section 11-9-616. (e) Limitation ofmultiple liabilityfor statutory damages. A secured party is not liable under paragraph (2) of subsection (c) of Code Section 11 -9-625 more than once with respect to any one secured obligation.
Part? Transition
11-9-701. Effective date. This article takes effect on July 1, 2001.
11-9-702. Savings clause. (a) Pre-effective date transactions or liens. Except as otherwise provided in this part, this article applies to a transaction or lien within its scope, even if the transaction or lien was entered into or created before July 1, 2001. (b) Continuing validity. Except as otherwise provided in subsection (c) of this Code section and Code Sections 11-9-703 through 11-9-709:

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(1) Transactions and liens that were not governed by former Article 9 of this title, were validly entered into or created before July 1, 2001, and would be subject to this article if they had been entered into or created on or after July 1, 2001, and the rights, duties, and interests flowing from those transactions and liens remain valid on or after July 1, 2001; and (2) The transactions and liens may be terminated, completed, consummated, and enforced as required or permitted by this article or by the law, as amended and in effect from time to time, that otherwise would apply before July 1,2001. (c) Pre-effective date proceedings. This article and amendments to other Code sections which amendments were enacted in conjunction with this article do not affect an action, case, or proceeding commenced before July 1, 2001.
11-9-703. Security interest perfected before effective date. (a) Continuing priority over lien creditor; perfection requirements satisfied. A security interest that is enforceable immediately before July 1, 2001, and would have priority over the rights of a person that becomes a lien creditor at that time is a perfected security interest under this article if, on July 1,2001, the applicable requirements for enforceability and perfection under this article are satisfied without further action. (b) Continuing priority over lien creditor; perfection requirements not satisfied. Except as otherwise provided in Code Section 11-9-705, if, immediately before July 1, 2001, a security interest is enforceable and would have priority over the rights of a person that becomes a lien creditor at that time, but the applicable requirements for enforceability or perfection under this article are not satisfied on July 1, 2001, the security interest:
(1) Is a perfected security interest on and for one year after July 1, 2001; (2) Remains enforceable thereafter only if the security interest becomes enforceable under Code Section 11-9-203 before the year expires; and (3) Remains perfected thereafter only if the applicable requirements for perfection under this article are satisfied before the year expires.
11-9-704. Security interest unperfected before effective date. A security interest that is enforceable immediately before July 1,2001, but which would be subordinate to the rights of a person that becomes a lien creditor at that time:
(1) Remains an enforceable security interest on and for one year after July 1, 2001; (2) Remains enforceable thereafter ifthe security interest becomes enforceable under Code Section 11 -9-203 on July 1, 2001, or within one year thereafter; and (3) Becomes perfected:
(A) Without further action, on July 1, 2001, if the applicable requirements for perfection under this article are satisfied before or at that time; or (B) When the applicable requirements for perfection are satisfied if the requirements are satisfied after that time.

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11-9-705. Effectiveness of action taken before effective date. (a) Pre-effective date action; one-year perfection period unless reperfected. If action, other than the filing of a financing statement, is taken before July 1,2001, and the action would have resulted in priority of a security interest over the rights of a person that becomes a lien creditor had the security interest become enforceable before July 1, 2001, the action is effective to perfect a security interest that attaches under this article within one year after July 1, 2001. An attached security interest becomes unperfected one year after July 1,2001, unless the security interest becomes a perfected security interest under this article before the expiration of that period. (b) Pre-effective date filing. The filing of a financing statement before July 1, 2001, is effective to perfect a security interest to the extent the filing would satisfy the applicable requirements for perfection under this article. (c) Pre-effective datefiling injurisdictionformerly governingperfection. This article and amendments to other Code sections which amendments were enacted in conjunction with this article do not render ineffective an effective financing statement that, before July 1, 2001, is filed and satisfies the applicable requirements for perfection under the law ofthejurisdiction governing perfection as provided in former Code Section 11-9-103. However, except as otherwise provided in subsections (d) and (e) of this Code section and Code Section 11-9-706, the financing statement ceases to be effective at the earlier of:
(1) The time the financing statement would have ceased to be effective under the law of the jurisdiction in which it is filed; or (2) June 30, 2006. (d) Continuation statement. The filing of a continuation statement on or after July 1,2001, does not continue the effectiveness of the financing statement filed before July 1,2001. However, upon the timely filing of a continuation statement on or after July 1, 2001, and in accordance with the law of the jurisdiction governing perfection as provided in Part 3 of this article, the effectiveness of a financing statement filed in the same office in that jurisdiction before July 1, 2001, continues for the period provided by the law of that jurisdiction. (e) Application of paragraph (2) of subsection (c) of this Code sect ion'to transmitting utility financing statement. Paragraph (2) of subsection (c) of this Code section applies to a financing statement that, before July 1, 2001, is filed against a transmitting utility and satisfies the applicable requirements for perfection under the law of the jurisdiction governing perfection as provided in former Code Section 11-9-103 only to the extent that Part 3 of this article provides that the law of a jurisdiction other than jurisdiction in which the financing statement is filed governs perfection of a security interest in collateral covered by the financing statement. (f) Application of Part 5 of this article. A financing statement that includes a financing statement filed before July 1, 2001, and a continuation statement filed on or after July 1, 2001, is effective only to the extent that it satisfies the requirements of Part 5 of this article for an initial financing statement.

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11 -9-706. When initial financing statement suffices to continue effectiveness of financing statement.
(a) Initialfinancing statement in lieu ofcontinuation statement. The filing of an initial financing statement in the office specified in Code Section 11-9-501 continues the effectiveness of a financing statement filed before July 1,2001, if:
(1) The filing of an initial financing statement in that office would be effective to perfect a security interest under this article; (2) The pre-effective date financing statement was filed in an office in another state or another office in this state; and (3) The initial financing statement satisfies subsection (c) ofthis Code section. (b) Period ofcontinued effectiveness. The filing ofan initial financing statement under subsection (a) of this Code section continues the effectiveness of the pre-effective date financing statement: (1) If the initial financing statement is filed before July 1,2001, for the period provided in former Code Section 11 -9-403 with respect to a financing statement; and (2) If the initial financing statement is filed on or after July 1, 2001, for the period provided in Code Section 11 -9-515 with respect to an initial financing statement. (c) Requirements for initial financing statement under subsection (a) of this Code section. To be effective for purposes of subsection (a), an initial financing statement must: (1) Satisfy the requirements of Part 5 of this article for an initial financing statement; (2) Identify the pre-effective date financing statement by indicating the office in which the financing statement was filed and providing the dates of filing and file numbers, if any, of the financing statement and of the most recent continuation statement filed with respect to the financing statement; and (3) Indicate that the pre-effective date financing statement remains effective.
11-9-707. Amendment of pre-effective date financing statement. (a) 'Pre-effective datefinancing statement.' In this Code section, 'pre-effective date financing statement' means a financing statement filed before July 1,2001. (b) Applicable law. On or after July 1, 2001, a person may add or delete collateral covered by, continue or terminate the effectiveness of, or otherwise amend the information provided in a pre-effective date financing statement only in accordance with the law of the jurisdiction governing perfection as provided in Part 3 of this article. However, the effectiveness of a pre-effective date financing statement also may be terminated in accordance with the law of the jurisdiction in which the financing statement is filed. (c) Method of amending: general rule. Except as otherwise provided in subsection (d) of this Code section, if the law of this state governs perfection of a security interest, the information in a pre-effective date financing statement may be amended on or after July 1, 2001, only if:

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(1) The pre-effective date financing statement and an amendment are filed in the office specified in Code Section 11-9-501; (2) An amendment is filed in the office specified in Code Section 11-9-501 concurrently with, or after the filing in that office of, an initial financing statement that satisfies subsection (c) of Code Section 11-9-706; or (3) An initial financing statement that provides the information as amended and satisfies subsection (c) of Code Section 11-9-706 is filed in the office specified in Code Section 11-9-501. (d) Method ofamending: continuation. Ifthe law ofthis state governs perfection of a security interest, the effectiveness of a pre-effective date financing statement may be continued only under subsections (d) and (f) of Code Section 11-9-705 or Code Section 11-9-706. (e) Method of amending: additional termination rule. Whether or not the law of this state governs perfection of a security interest, the effectiveness of a pre-effective date financing statement filed in this state may be terminated on and after July 1, 2001, by filing a termination statement in the office in which the pre-effective date financing statement is filed, unless an initial financing statement that satisfies subsection (c) of Code Section 11-9-706 has been filed in the office specified by the law of the jurisdiction governing perfection as provided in Part 3 of this article as the office in which to file a financing statement.
11 -9-708. Persons entitled to file initial financing statement or continuation statement.
A person may file an initial financing statement or a continuation statement under this part if:
(1) The secured party of record authorizes the filing; and (2) The filing is necessary under this part:
(A) To continue the effectiveness of a financing statement filed before July 1,2001; or (B) To perfect or continue the perfection of a security interest.
11-9-709. Priority. (a) Law governing priority. This article determines the priority of conflicting claims to collateral. However, if the relative priorities of the claims were established before July 1,2001, former Article 9 of this title determines priority. (b) Priority if security interest becomes enforceable under Code Section 11-9-203. For purposes of subsection (a) of Code Section 11 -9-322, the priority of a security interest that becomes enforceable under Code Section 11-9-203 dates from July 1, 2001, if the security interest is perfected under this article by the filing of a financing statement before July 1, 2001, which would not have been effective to perfect the security interest under former Article 9 of this title. This subsection does not apply to conflicting security interests each of which is perfected by the filing of such a financing statement.

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11-9-710. Exculpation. From July 1, 2001, until July 1,2006, any search company shall not be liable to its customer as a result of failing to disclose the existence of a filed financing statement in any filing office or index maintained by the authority searched in good faith by such search company to the extent such failure is attributable either to the failure of such filing office or the authority, as the case may be, to have properly indexed such filed financing statement or to the failure of the search logic used by such filing office or the authority, as the case may be, to disclose such filed financing statement in response to a search in the appropriate records of such filing office or of such index in the name provided to such search company by its customer. As used in this Code section, 'search company' shall mean any person engaged in the business of conducting or arranging searches of public records of filed financing statements. On and after July 1, 2006, the liability of a search company shall be determined by law other than this article."
SECTION 2. Said title is further amended by striking in its entirety Code Section 11-1-105, relating to the title's territorial application and the parties' power to choose applicable law, and inserting in lieu thereof the following:
'11-1-105. Territorial application of the title; parties power to choose applicable law.
(1) Except as provided hereafter in this Code section, when a transaction bears a reasonable relation to this state and also to another state or nation the parties may agree that the law either of this state or of such other state or nation shall govern their rights and duties. Failing such agreement this title applies to transactions bearing an appropriate relation to this state. (2) Where one of the following provisions of this title specifies the applicable law, that provision governs and a contrary agreement is effective only to the extent permitted by the law (including the conflict of laws rules) so specified: Rights of creditors against sold goods. Code Section 11-2-402. Applicability of the article of this title on leases (Article 2A of this title). Code Sections 11-2A-105 and 11-2A-106. Applicability ofthe article ofthis title on bank deposits and collections (Article 4 of this title). Code Section 11-4-102. Bulk transfers subject to the article of this title on bulk transfers (Article 6 of this title). Code Section 11-6-102. Applicability of the article of this title on investment securities (Article 8 of this title). Code Section 11-8-110. Law governing perfection, the effect of perfection or nonperfection, and the priority of security interests and agricultural liens. Code Sections 11-9-301 through 11-9-307. Governing law in the article on funds transfers (Article 4A of this title). Code Section 11-4A-507."

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SECTION 3. Said title is further amended in Code Section 11-1-201, relating to general definitions, by striking in their entirety subsections (9), (32), and (37), and inserting in lieu thereof the following:
"(9) 'Buyer in ordinary course of business' means a person that buys goods in good faith without knowledge that the sale violates the rights of another person in the goods, and in the ordinary course from a person, other than a pawnbroker, in the business ofselling goods ofthat kind. A person buys goods in the ordinary course if the sale to the person comports with the usual or customary practices in the kind of business in which the seller is engaged or with the seller's own usual or customary practices. A person that sells oil, gas, or other minerals at the wellhead or minehead is a person in the business of selling goods of that kind. A buyer in the ordinary course of business may buy for cash, by exchange of other property, or on secured or unsecured credit and may acquire goods or documents of title under a preexisting contract for sale. Only a buyer that takes possession of the goods or has a right to recover the goods from the seller under Article 2 of this title may be a buyer in ordinary course of business. A person that acquires goods in a transfer in bulk or as security for or in total or partial satisfaction of a money debt is not a buyer in ordinary course of business." '(32) 'Purchase' includes taking by sale, discount, negotiation, mortgage, pledge, lien, security interest, issue or reissue, gift, or any other voluntary transaction creating an interest in property." "(37) 'Security interest' means an interest in personal property or fixtures which secures payment or performance of an obligation. The term also includes any interest of a consignor and a buyer of accounts, chattel paper, a payment intangible, or a promissory note in a transaction that is subject to Article 9 of this title. The special property interest of a buyer of goods on identification of those goods to a contract for sale under Code Section 11 -2-401 is not a 'security interest,' but a buyer may also acquire a 'security interest' by complying with Article 9 of this title. Except as otherwise provided in Code Section 11-2-505, the right of a seller or lessor of goods under Article 2 or 2A of this title to retain or acquire possession of the goods is not a 'security interest,' but a seller or lessor may also acquire a 'security interest' by complying with Article 9 of this title. The retention or reservation oftitle by a seller ofgoods notwithstanding shipment or delivery to the buyer (Code Section 11-2-401) is limited in effect to a reservation of a 'security interest.' Whether a transaction creates a lease or security interest is determined by the facts of each case; however, a transaction creates a security interest if the consideration the lessee is to pay the lessor for the right to possession and use of the goods is an obligation for the term of the lease not subject to termination by the lessee, and
(a) The original term of the lease is equal to or greater than the remaining economic life of the goods, (b) The lessee is bound to renew the lease for the remaining economic life of the goods or is bound to become the owner of the goods,

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(c) The lessee has an option to renew the lease for the remaining economic life of the goods for no additional consideration or nominal additional consideration upon compliance with the lease agreement, or (d) The lessee has an option to become the owner of the goods for no additional consideration or nominal additional consideration upon compliance with the lease agreement. A transaction does not create a security interest merely because it provides that (a) The present value of the consideration the lessee is obligated to pay the lessor for the right to possession and use of the goods is substantially equal to or is greater than the fair market value of the goods at the time the lease is entered into, (b) The lessee assumes risk of loss of the goods, or agrees to pay taxes, insurance, filing, recording, or registration fees, or service or maintenance costs with respect to the goods, (c) The lessee has an option to renew the lease or to become the owner of the goods, (d) The lessee has an option to renew the lease for a fixed rent that is equal to or greater than the reasonably predictable fair market rent for the use of the goods for the term of the renewal at the time the option is to be performed, or (e) The lessee has an option to become the owner of the goods for a fixed price that is equal to or greater than the reasonably predictable fair market value of the goods at the time the option is to be performed. For purposes of this subsection (37): (x) Additional consideration is not nominal if (i) when the option to renew the lease is granted to the lessee the rent is stated to be the fair market rent for the use of the goods for the term of the renewal determined at the time the option is to be performed, or (ii) when the option to become the owner of the goods is granted to the lessee the price is stated to be the fair market value of the goods determined at the time the option is to be performed. Additional consideration is nominal if it is less than the lessee's reasonably predictable cost of performing under the lease agreement if the option is not exercised; (y) 'Reasonably predictable' and 'remaining economic life of the goods1 are to be determined with reference to the facts and circumstances at the time the transaction is entered into; and (z) 'Present value' means the amount as of a date certain of one or more sums payable in the future, discounted to the date certain. The discount is determined by the interest rate specified by the parties if the rate is not manifestly unreasonable at the time the transaction is entered into; otherwise, the discount is determined by a commercially reasonable rate that takes into account the facts and circumstances of each case at the time the transaction was entered into."

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SECTION 4. Said title is further amended in Code Section 11-2-103, relating to definitions and an index of definitions, by striking in its entirety subsection (3) and inserting in lieu thereof the following:
"(3) The following definitions in other articles of this title apply to this article: 'Check.' Code Section 11-3-104. 'Consignee.' Code Section 11-7-102. 'Consignor.' Code Section 11-7-102. 'Consumer goods.1 Code Section 11-9-102. 'Dishonor.' Code Section 11-3-502. 'Draft.' Code Section 11-3-104."
SECTION 5. Said title is further amended in Code Section 11-2-210, relating to delegation of performance and assignment of rights, by striking in its entirety subsection (2), inserting a new subsection (2) and a new subsection (3), and by renumbering subsections (3), (4), and (5) as subsections (4), (5), and (6), respectively, so that subsections (2) through (6) read as follows:
"(2) Except as otherwise provided in Code Section 11-9-406, unless otherwise agreed all rights of either seller or buyer can be assigned except where the assignment would materially change the duty of the other party, or increase materially the burden or risk imposed on the other party by the contract, or impair materially the other party's chance of obtaining return performance. A right to damages for breach of the whole contract or a right arising out of the assignor's due performance of the assignor's entire obligation can be assigned despite agreement otherwise. (3) The creation, attachment, perfection, or enforcement of a security interest in the seller's interest under a contract is not a transfer that materially changes the duty ofor increases materially the burden or risk imposed on the buyer or impairs materially the buyer's chance ofobtaining return performance within the purview of subsection (2) of this Code section unless, and then only to the extent that, enforcement actually results in a delegation ofmaterial performance ofthe seller. Even in that event, the creation, attachment, perfection, and enforcement of the security interest remain effective, but (i) the seller is liable to the buyer for damages caused by the delegation to the extent that the damages could not reasonably be prevented by the buyer, and (ii) a court having jurisdiction may grant other appropriate relief, including cancellation of the contract for sale or an injunction against enforcement of the security interest or consummation of the enforcement. (4) Unless the circumstances indicate the contrary a prohibition of assignment of'the contract' is to be construed as barring only the delegation to the assignee of the assignor's performance. (5) An assignment of'the contract' or of'all my rights under the contract' or an assignment in similar general terms is an assignment of rights and unless the language or the circumstances (as in an assignment for security) indicate the

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contrary, it is a delegation of performance of the duties of the assignor and its acceptance by the assignee constitutes a promise by the assignee to perform those duties. This promise is enforceable by either the assignor or the other party to the original contract. (6) The other party may treat any assignment which delegates performance as creating reasonable grounds for insecurity and may without prejudice to his or her rights against the assignor demand assurances from the assignee (Code Section 11-2-609).'
SECTION 6. Said title is further amended by striking in its entirety Code Section 11-2-326, relating to sale on approval and sale or return, consignment sales, and rights of creditors, and inserting in lieu thereof the following:
'11-2-326. Sale on approval and sale or return; rights of creditors. (1) Unless otherwise agreed, if delivered goods may be returned by the buyer even though they conform to the contract, the transaction is:
(a) A 'sale on approval' if the goods are delivered primarily for use; and (b) A 'sale or return' if the goods are delivered primarily for resale. (2) Goods held on approval are not subject to the claims ofthe buyer's creditors until acceptance; goods held on sale or return are subject to such claims while in the buyer's possession. (3) Any 'or return' term of a contract for sale is to be treated as a separate contract for sale within the statute of frauds section of this article (Code Section 11-2-201) and as contradicting the sale aspect of the contract within the provisions ofthis article on parol or extrinsic evidence (Code Section 11 -2-202)."
SECTION 7. Said title is further amended by striking in its entirety Code Section 11-2-502, relating to the buyer's right to goods on the seller's insolvency, and inserting in lieu thereof the following:
"11-2-502. Buyer's right to goods on seller s insolvency. (1) Subject to subsections (2) and (3) of this Code section and even though the goods have not been shipped a buyer who has paid a part or all of the price of goods in which the buyer has a special property under the provisions of Code Section 11-2-501 may on making and keeping good a tender of any unpaid portion of their price recover them from the seller if:
(a) In the case of goods bought for personal, family, or household purposes, the seller repudiates or fails to deliver as required by the contract; or (b) In all cases, the seller becomes insolvent within ten days after receipt of the first installment on their price. (2) The buyer's right to recover the goods under paragraph (a) of subsection (1) ofthis Code section vests upon acquisition ofa special property, even ifthe seller had not then repudiated or failed to deliver.

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(3) If the identification creating the buyer's special property has been made by the buyer or she acquires the right to recover the goods only if they conform to the contract for sale.*
SECTION 8. Said title is further amended in Code Section 11 -2-716, relating to the buyer's right to specific performance or replevin, by striking in its entirety subsection (3) and inserting in lieu thereof the following:
"(3) The buyer has a right of replevin for goods identified to the contract if after reasonable effort the buyer is unable to effect cover for such goods or the circumstances reasonably indicate that such effort will be unavailing or if the goods have been shipped under reservation and satisfaction of the security interest in them has been made or tendered. In the case of goods bought for personal, family, or household purposes, the buyer's right of replevin vests upon acquisition of a special property, even if the seller had not then repudiated or failed to deliver.'
SECTION 9. Said title is further amended by striking in its entirety subsection (3) of Code Section 11-2 A-103, relating to definitions and index of definitions, and inserting in lieu thereof the following:
"(3) The following definitions in other articles of this title apply to this article: 'Account. 1 Code Section ll-9-102(a). 'Between merchants.' Code Section 11-2-104(3). 'Buyer.' Code Section 11-2-103(1 )(a). 'Chattel paper.' Code Section 1 l-9-102(a). 'Consumer goods.' Code Section ll-9-102(a). 'Document.' Code Section ll-9-102(a). 'Entrusting.' Code Section 11-2-403(3). 'General intangible.' Code Section 1 l-9-102(a). 'Good faith.' Code Section 11-2-103(1 )(b). 'Instrument.' Code Section 11-9-102(a). 'Merchant.' Code Section 11-2-104(1). 'Mortgage.' Code Section ll-9-102(a). 'Pursuant to commitment.' Code Section ll-9-102(a). 'Receipt.' Code Section ll-2-103(l)(c). 'Sale.' Code Section 11-2-106(1). 'Sale on approval.' Code Section 11-2-326. 'Sale or return.' Code Section 11-2-326. 'Seller.' Code Section ll-2-103(l)(d)."
SECTION 10. Said title is further amended by striking in its entirety Code Section 11-2A-303, relating to the alienability of a party's interest under a lease contract of the lessor's

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residual interest in goods, delegation of performance, and transfer of rights, and inserting in lieu thereof the following:
"11-2A-303. Alienability of party's interest under lease contract or of lessor's residual interest in goods; delegation of performance; transfer of rights.
(1) As used in this Code section, 'creation of a security interest' includes the sale of a lease contract that is subject to Article 9 of this title, Secured Transactions, by reason of paragraph (3) of subsection (a) of Code Section 11-9-109. (2) Except as provided in subsection (3) of this Code section and in Code Section 11-9-407, a provision in a lease agreement which (i) prohibits the voluntary or involuntary transfer, including a transfer by sale, sublease, creation or enforcement of a security interest, or attachment, levy, or other judicial process, of an interest of a party under the lease contract or of the lessor's residual interest in the goods, or (ii) makes such a transfer an event of default, gives rise to the rights and remedies provided in subsection (4) of this Code section, but a transfer that is prohibited or is an event of default under the lease agreement is otherwise effective. (3) A provision in a lease agreement which (i) prohibits a transfer of a right to damages for default with respect to the whole lease contract or of a right to payment arising out of the transferor's due performance of the transferor's entire obligation, or (ii) makes such a transfer an event of default, is not enforceable, and such a transfer is not a transfer that materially impairs the prospect of obtaining return performance by, materially changes the duty of, or materially increases the burden or risk imposed on, the other party to the lease contract within the purview of subsection (4) of this Code section. (4) Subject to subsection (3) of this Code section and to Code Section 11 -9-407:
(a) If a transfer is made which is made an event of default under a lease agreement, the party to the lease contract not making the transfer, unless that party waives the default or otherwise agrees, has the rights and remedies described in subsection (2) of Code Section 11-2A-501; (b) If paragraph (a) of this subsection is not applicable and if a transfer is made that (i) is prohibited under a lease agreement or (ii) materially impairs the prospect of obtaining return performance by, materially changes the duty of, or materially increases the burden or risk imposed on, the other party to the lease contract, unless the party not making the transfer agrees at any time to the transfer in the lease contract or otherwise, then, except as limited by contract, (x) the transferor is liable to the party not making the transfer for damages caused by the transfer to the extent that the damages could not reasonably be prevented by the party not making the transfer and (y) a court having jurisdiction may grant other appropriate relief, including cancellation of the lease contract or an injunction against the transfer. For purposes of determining the extent of liability for damages under this paragraph, the transferor has the burden of proving that any of the damages caused by the transfer could reasonably be or have been prevented by the party not making

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the transfer, and of proving the extent that they could reasonably be or have been so prevented. (5) A transfer of'the lease' or of'all my rights under the lease', or a transfer in similar general terms, is a transfer of rights, and, unless the language or the circumstances, as in a transfer for security, indicate the contrary, the transfer is a delegation of duties by the transferor to the transferee. Acceptance by the transferee constitutes a promise by the transferee to perform those duties. The promise is enforceable by either the transferor or the other party to the lease contract. (6) Unless otherwise agreed by the lessor and the lessee, a delegation of performance does not relieve the transferor as against the other party of any duty to perform or of any liability for default. (7) In a consumer lease, to prohibit the transfer of an interest of a party under the lease contract or to make a transfer an event of default, the language must be specific, by a writing, and conspicuous."
SECTION 11. Said title is further amended by striking in its entirety Code Section 11-2A-307, relating to the priority of liens arising by attachment or levy on, security interests in, and other claims to goods, and inserting in lieu thereof the following:
"11-2A-307. Priority of liens arising by attachment or levy on, security interests in, and other claims to goods.
(1) Except as otherwise provided in Code Section 11-2A-306, a creditor of a lessee takes subject to the lease contract. (2) Except as otherwise provided in subsection (3) of this Code section and in Code Sections 11-2A-306 and 11-2A-308, a creditor of a lessor takes subject to the lease contract unless the creditor holds a lien that attached to the goods before the lease contract became enforceable. (3) Except as otherwise provided in Code Sections 11-9-317, 11-9-321, and 11-9-323, a lessee takes a leasehold interest subject to a security interest held by a creditor of the lessor."
SECTION 12. Said title is further amended in Code Section 11-2A-309, relating to the lessor's and lessee's rights when goods become fixtures, by striking in its entirety paragraph (b) of subsection (1) and inserting in lieu thereof the following:
*(b) A 'fixture filing' is the filing, in the office where a record of a mortgage on the real estate would be filed or recorded, of a financing statement covering goods that are or are to become fixtures and conforming to the requirements of subsections (a) and (b) of Code Section 11-9-502;".
SECTION 13. Said title is further amended in Code Section 11-4-210, relating to the security interest of the collecting bank in items, accompanying documents, and proceeds,

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by striking in its entirety paragraph (1) of subsection (c) and inserting in lieu thereof the following:
"(1) No security agreement is necessary to make the security interest enforceable (subparagraph (b)(3)(A) of Code Section 11-9-203);'.
SECTION 14. Said title is further amended in Article 5, relating to letters of credit, by inserting a new Code section to be designated Code Section 11-5-118 to read as follows:
"11-5-118. Security interest of issuer or nominated person. (a) An issuer or nominated person has a security interest in a document presented under a letter of credit to the extent that the issuer or nominated person honors or gives value for the presentation. (b) So long as and to the extent that an issuer or nominated person has not been reimbursed or has not otherwise recovered the value given with respect to a security interest in a document under subsection (a) of this Code section, the security interest continues and is subject to Article 9 of this title, but:
(1) A security agreement is not necessary to make the security interest enforceable under paragraph (3) of subsection (b) of Code Section 11-9-203; (2) If the document is presented in a medium other than a written or other tangible medium, the security interest is perfected; and (3) If the document is presented in a written or other tangible medium and is not a certificated security, chattel paper, a document of title, an instrument, or a letter of credit, the security interest is perfected and has priority over a conflicting security interest in the document so long as the debtor does not have possession of the document."
SECTION 15. Said title is further amended in Article 6, relating to bulk transfers, by amending Code Section 11-6-102, relating to defining bulk transfers, transfers of equipment, and enterprises and bulk transfers subject to Article 6, by striking in their entirety paragraphs (1) and (2) and inserting in lieu thereof the following:
"(1) A 'bulk transfer' is any transfer in bulk and not in the ordinary course of the transferor's business of a major part of the materials, supplies, merchandise, or other inventory (Code Section 11-9-102) of an enterprise subject to this article. (2) A transfer of a substantial part of the equipment (Code Section 11-9-102) of such an enterprise is a bulk transfer if it is made in connection with a bulk transfer of inventory, but not otherwise."
SECTION 16. Said title is further amended in Code Section 11-7-503, relating to defeat of the document of title to goods in certain cases, by striking in its entirety subsection (1) and inserting in lieu thereof the following:
"(1) A document of title confers no right in goods against a person who before issuance of the document had a legal interest or a perfected security interest in them and who neither:

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(a) Delivered or entrusted them or any document of title covering them to the bailor or the bailor's nominee with actual or apparent authority to ship, store, or sell or with power to obtain delivery under this article (Code Section 11-7-403) or with power ofdisposition under this title (Code Sections 11-2-403 and 11-9-320) or other statute or rule of law; nor (b) Acquiesced in the procurement by the bailor or the bailor's nominee of any document of title."
SECTION 17. Said title is further amended in Code Section 11-8-103, relating to rules for determining whether certain obligations and interests are securities or financial assets, by striking in its entirety subsection (f) and inserting in lieu thereof the following:
"(f) A commodity contract, as defined in subsection (a) of Code Section 11-9-102, is not a security or a financial asset."
SECTION 18. Said title is further amended in Code Section 11-8-106, relating to control, by striking subsections (d) and (f) and inserting in lieu thereof the following:
"(d) A purchaser has 'control' of a security entitlement if: (1) The purchaser becomes the entitlement holder; (2) The securities intermediary has agreed that it will comply with entitlement orders originated by the purchaser without further consent by the entitlement holder; or (3) Another person has control of the security entitlement on behalf of the purchaser or, having previously acquired control of the security entitlement, acknowledges that it has control on behalf of the purchaser."
"(f) A purchaser who has satisfied the requirements of subsection (c) or (d) of this Code section has control, even if the registered owner in the case of subsection (c) of this Code section or the entitlement holder in the case of subsection (d) of this Code section retains the right to make substitutions for the uncertificated security or security entitlement, to originate instructions or entitlement orders to the issuer or securities intermediary, or otherwise to deal with the uncertificated security or security entitlement."
SECTION 19. Said title is further amended in Code Section 11-8-110, relating to applicability and choice of law, by striking in its entirety subsection (e) and inserting in lieu thereof the following:
"(e) The following rules determine a 'securities intermediary's jurisdiction' for purposes of this Code section:
(1) If an agreement between the securities intermediary and its entitlement holder governing the securities account expressly provides that a particular jurisdiction is the securities intermediary's jurisdiction for purposes of this

____________GEORGIA LAWS 2001 SESSION__________471
part, this article, or Article 9 of this title, that jurisdiction is the securities intermediary's jurisdiction; (2) If paragraph (1) of this subsection does not apply and an agreement between the securities intermediary and its entitlement holder governing the securities account expressly provides that the agreement is governed by the law of a particular jurisdiction, that jurisdiction is the securities intermediary's jurisdiction; (3) If neither paragraph (1) nor paragraph (2) of this subsection applies and an agreement between the securities intermediary and its entitlement holder governing the securities account expressly provides that the securities account is maintained at an office in a particular jurisdiction, that jurisdiction is the securities intermediary's jurisdiction; (4) If none of the preceding paragraphs of this subsection applies, the securities intermediary's jurisdiction is the jurisdiction in which the office identified in an account statement as the office serving the entitlement holder's account is located; and (5) If none of the preceding paragraphs of this subsection applies, the securities intermediary's jurisdiction is the jurisdiction in which the chief executive office of the securities intermediary is located."
SECTION 20. Said title is further amended in Code Section 11-8-301, relating to delivery, by striking in its entirety subsection (a) and inserting in lieu thereof the following:
"(a) Delivery of a certificated security to a purchaser occurs when: (1) The purchaser acquires possession of the security certificate; (2) Another person, other than a securities intermediary, either acquires possession of the security certificate on behalf of the purchaser or, having previously acquired possession ofthe certificate, acknowledges that it holds for the purchaser; or (3) A securities intermediary acting on behalf of the purchaser acquires possession ofthe security certificate, only ifthe certificate is in registered form and (i) registered in the name of the purchaser, (ii) payable to the order of the purchaser, or (iii) specially indorsed to the purchaser by an effective indorsement and has not been indorsed to the securities intermediary or in blank.'
SECTION 21. Said title is further amended by striking in its entirety subsection (a) of Code Section 11-8-302, relating to rights of the purchaser, and inserting in lieu thereof the following:
'(a) Except as otherwise provided in subsections (b) and (c) of this Code section, a purchaser of a certificated or uncertificated security acquires all rights in the security that the transferor had or had power to transfer.*

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SECTION 22. Said title is further amended by striking in its entirety Code Section 11-8-510, relating to the rights of a purchaser of security entitlement from the entitlement holder, and inserting in lieu thereof the following:
'11-8-510. Rights of purchaser of security entitlement from entitlement holder.
(a) In a case not covered by the priority rules in Article 9 of this title or the rules stated in subsection (c) of this Code section, an action based on an adverse claim to a financial asset or security entitlement, whether framed in conversion, replevin, constructive trust, equitable lien, or other theory, may not be asserted against a person who purchases a security entitlement, or an interest therein, from an entitlement holder if the purchaser gives value, does not have notice of the adverse claim, and obtains control. (b) If an adverse claim could not have been asserted against an entitlement holder under Code Section 11 -8-502, the adverse claim cannot be asserted against a person who purchases a security entitlement, or an interest therein, from the entitlement holder. (c) In a case not covered by the priority rules in Article 9 of this title, a purchaser for value of a security entitlement, or an interest therein, who obtains control has priority over a purchaser of a security entitlement, or an interest therein, who does not obtain control. Except as otherwise provided in subsection (d) of this Code section, purchasers who have control rank according to priority in time of:
(1) The purchaser's becoming the person for whom the securities account, in which the security entitlement is carried, is maintained, if the purchaser obtained control under paragraph (1) of subsection (d) of Code Section 11-8-106; (2) The securities intermediary's agreement to comply with the purchaser's entitlement orders with respect to security entitlements carried or to be carried in the securities account in which the security entitlement is carried, if the purchaser obtained control under paragraph (2) of subsection (d) of Code Section 11-8-106; or (3) If the purchaser obtained control through another person under paragraph (3) of subsection (d) of Code Section 11-8-106, the time on which priority would be based under this subsection if the other person were the secured party. (d) A securities intermediary as purchaser has priority over a conflicting purchaser who has control unless otherwise agreed by the securities intermediary."
SECTION 23. Chapter 3 ofTitle 1 ofthe Official Code ofGeorgia Annotated, relating to laws and statutes, is amended in Code Section 1-3-3, relating to definitions, by striking paragraph (4.1) in its entirety and inserting in lieu thereof the following:
"(4.1) 'Agriculture.' 'agricultural operations,' or 'agricultural or farm products' means raising, harvesting, or storing of crops; feeding, breeding, or managing

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livestock or poultry; producing or storing feed for use in the production of livestock, including, but not limited to, cattle, calves, swine, hogs, goats, sheep, ratites, and rabbits, or for use in the production of poultry, including, but not limited to, chickens, hens, and turkeys; producing plants, trees, fowl, or animals; or the production of aquacultural, horticultural, dairy, livestock, poultry, eggs, and apiarian products. If the term 'agriculture,' 'agricultural operations,' or 'agricultural or farm products' is defined in Title 2, Title 4, Title 10, or Title 11 or in any chapter, article, part, subpart, or Code section of such titles, such specific definition shall control for such purposes over the definition contained in this paragraph. Agricultural or farm products are considered grown in this state if such products are grown, produced, or processed in this state, whether or not such products are composed of constituent products grown or produced outside this state.'
SECTION 24. Title 7 of the Official Code of Georgia Annotated, relating to banking and finance, is amended in Code Section 7-1-4, relating to definitions relative to financial institutions, by striking in its entirety paragraph (2) and inserting in lieu thereof the following:
"(2) 'Agreement for the payment of money' means a consensual monetary obligation not in the form of an evidence of indebtedness or an investment security and includes an account or general intangible as defined in Code Section 11-9-102."
SECTION 25. Title 9 of the Official Code of Georgia Annotated, relating to civil practice, is amended in Code Section 9-9-2, relating to the applicability of the "Georgia Arbitration Code," Part 1 of Chapter 9 of Title 9 of the Official Code of Georgia Annotated, and the exclusive method of arbitration, by striking in its entirety subsection (c) and inserting in lieu thereof the following:
"(c) This part shall apply to all disputes in which the parties thereto have agreed in writing to arbitrate and shall provide the exclusive means by which agreements to arbitrate disputes can be enforced, except the following, to which this part shall not apply:
(1) Agreements coming within the purview of Article 2 of this chapter, relating to arbitration of medical malpractice claims; (2) Any collective bargaining agreements between employers and labor unions representing employees of such employers; (3) Any contract of insurance, as defined in paragraph (1) of Code Section 33-1-2; provided, however, that nothing in this paragraph shall impair or prohibit the enforcement of or in any way invalidate an arbitration clause or provision in a contract between insurance companies; (4) Any other subject matters currently covered by an arbitration statute; (5) Any loan agreement or consumer financing agreement in which the amount of indebtedness is $25,000.00 or less at the time of execution;

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(6) Any contract for the purchase of consumer goods, as defined in Title 11, the 'Uniform Commercial Code,' under subsection (1) of Code Section 11-2-105 and subsection (a) of Code Section 11-9-102; (7) Any contract involving consumer acts or practices or involving consumer transactions as such terms are defined in paragraphs (2) and (3) of subsection (a) of Code Section 10-1-392, relating to definitions in the 'Fair Business Practices Act of 1975'; (8) Any sales agreement or loan agreement for the purchase or financing of residential real estate unless the clause agreeing to arbitrate is initialed by all signatories at the time of the execution of the agreement. This exception shall not restrict agreements between or among real estate brokers or agents; (9) Any contract relating to terms and conditions of employment unless the clause agreeing to arbitrate is initialed by all signatories at the time of the execution of the agreement; (10) Any agreement to arbitrate future claims arising out of personal bodily injury or wrongful death based on tort."
SECTION 26. Title 10 ofthe Official Code ofGeorgia Annotated, relating to commerce and trade, is amended in Code Section 10-1-731, relating to definitions relative to multiline heavy equipment dealers, by striking in its entirety paragraph (2) and inserting in lieu thereof the following:
"(2) 'Heavy equipment' means self-propelled, self-powered, or pull-type equipment and machinery, including diesel engines, weighing 5,000 pounds or more and primarily employed for construction, industrial, maritime, mining, or forestry uses. The term 'heavy equipment' shall not include:
(A) Motor vehicles requiring registration and certificates of title; (B) Farm machinery, equipment, and implements; or (C) Equipment that is 'consumer goods' within the meaning of Code Section 11-9-102."
SECTION 27. Title 15 of the Official Code of Georgia Annotated, relating to the courts, is amended in Code Section 15-6-77, relating to fees of superior court clerks, by striking subsection (f) in its entirety and inserting in lieu thereof the following:
"(f) Sums for filing documents, instruments, etc., pertaining to real estate or personal property, such sums to include recording and returning where applicable:
(l)(A)(i) Filing all instruments pertaining to real estate including deeds, deeds of trust, affidavits, releases, notices and certificates, and cancellation of deeds, first page ......................$ 9.50
Each page, after the first ............................... 2.00

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(ii) Filing all instruments pertaining to real estate and personal property including liens on real estate and personal property, notice filings for Uniform Commercial Code related real estate, tax liens, hospital liens, writs of fieri facias, notices of lis pendens, written information on utilities, cancellations of liens, and writs of fieri facias, first page ...................................... 4.50
Each page, after the first ............................... 2.00
(B) Filing and indexing financing statements, amendments to financing statements, continuation statements, termination statements, collateral, or other filing pursuantto Article 9 of Title 11, first page ............................................. 10.00
Each page, after the first ................................. 2.00
(2) Filing maps or plats, each page ........................... 7.50
(3) For processing an assignment of a security deed, for each deed assigned ................................................ 4.50"
SECTION 28. Said title is further amended in Code Section 15-6-77.3, relating to fees in counties with populations of 350,000 or more in unincorporated areas, by striking subsection (c) in its entirety and inserting in lieu thereof the following:
"(c) In lieu of the fees specified by Code Section 15-6-77 for the clerk's services listed below, the clerk of the superior court of counties described in subsection (a) of this Code section shall be entitled to charge and collect the following fees for official duties performed by the clerk in providing such services:
(1) Recording and returning to sender all instruments pertaining to real estate and deeds of trust or amendments thereto, in accordance with Code Section 53-12-52, each page ...........................$ 5.00
(2) Recording maps or plats ................................ 10.00
The fee for recording maps or plats shall include the fee required by Code Section 47-14-51.
(3) Filing and indexing financing statements and for stamping a copy furnished by the second party to show the date and place of filing for an original or a continuation statement, as provided in Article 9 of Title 11, first page ............................................... 5.00
Each page, after the first ................................... .50

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(4) Issuing certificates of appointment and reappointment to notaries public, as provided by Code Section 45-17-4 ................... 8.00
(5) Registering and filing trade names pursuant to Code Section 10-1-490 ............................................... 25.00
(6) Entering writ of fieri facias on general execution docket ....... 5.00*
SECTION 29.
Title 16 ofthe Official Code ofGeorgia Annotated, relating to crimes and offenses, is amended in Code Section 16-6-13.2, relating to forfeiture and seizure of motor vehicles operated by certain persons who have been convicted of or have pleaded nolo contendere to pandering, by striking in its entirety paragraph (4) of subsection (a) and inserting in lieu thereof the following:
'(4) 'Interest holder' means a secured party within the meaning of Code Section 11-9-102 or the beneficiary of a perfected encumbrance pertaining to an interest in a motor vehicle."
SECTION 30.
Said title is further amended in Code Section 16-13-49, relating to forfeiture of certain contraband and property involved in violations of law relating to controlled substances, by striking in its entirety paragraph (6) of subsection (a) and inserting in lieu thereof the following:
"(6) 'Interest holder' means a secured party within the meaning of Code Section 11-9-102 or the beneficiary of a perfected encumbrance pertaining to an interest in property."
SECTION 31.
Article 1 of Chapter 2 of Title 29 of the Official Code of Georgia Annotated, relating to powers and duties of guardians, is amended in Code Section 29-2-13, relating to investments, by striking in its entirety subsection (c) and inserting in lieu thereof the following:
*(c) The deposit by a guardian of the funds of his or her ward which are in the guardian's hands, at interest, in any financial institution which is insured by the Federal Deposit Insurance Corporation orNational Credit Union Share Insurance Fund shall be deemed an investment and is authorized to the extent that the deposit is insured by the corporation or the fund, as applicable."
SECTION 32.
Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles, is amended in Code Section 40-3-50, relating to perfection of security interests, by striking subsection (a) in its entirety and inserting in lieu thereof the following:
"(a) Except as provided in Code Sections 11-9-303,11-9-316, and 11-9-337, the security interest in a vehicle of the type for which a certificate of title is required

____________GEORGIA LAWS 2001 SESSION__________477
shall be perfected and shall be valid against subsequent creditors of the owner, subsequent transferees, and the holders of security interests and liens on the vehicle by compliance with this chapter.'
SECTION 33. Title 44 ofthe Official Code ofGeorgia Annotated, relating to property, is amended by striking in its entirety Code Section 44-12-24, relating to assignment of rights of action, and inserting in lieu thereof the following:
'44-12-24. Except for those situations governed by Code Sections 11-2-210 and 11-9-406, a right of action is assignable if it involves, directly or indirectly, a right of property. A right of action for personal torts or for injuries arising from fraud to the assignor may not be assigned."
SECTION 34. Said title is further amended in Code Section 44-14-36, relating to security agreements and security interests relative to real property, fixtures, and personal property of public utility corporations, by striking subsection (b) in its entirety and inserting in lieu thereof the following:
"(b) A security interest relating to fixtures and personal property of such a corporation shall be perfected as provided in Code Sections 11-9-501 through 11-9-504. Any such prior filing or recording that has been entered on the Uniform Commercial Code index for secured transactions, where no notice of conflict of lien or notice of creditor priority has been given, shall be valid and any such instruments need not otherwise be refiled, rerecorded, or reindexed."
SECTION 35. Said title is further amended by striking in their entirety Code Sections 44-14-100, relating to crops, growing crops, agricultural pursuits, and farming, and 44-14-101, relating to crops as personal property, and inserting in lieu thereof the following:
"44-14-100. (a) The planting, growing, cultivating, harvesting, and marketing oftrees and the fruits and products thereof shall be considered and treated under the laws of this state as an agricultural pursuit. (b) Every original producer or manufacturer of crude gum, oleoresin, from which is derived or may be derived gum spirits of turpentine and gum resin, and his or her employees are declared to be, for all intents and purposes, farmers insofar as any law of this state relates to fanning and fanners.
44-14-101. All matured or unmatured crops are declared to be personalty."
SECTION 36. Title 49 of the Official Code of Georgia Annotated, relating to social services, is amended in Code Section 49-4-146.3, relating to the forfeiture of property and

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proceeds obtained through Medicaid fraud, by striking in its entirety paragraph (3) of subsection (a) and inserting in lieu thereof the following:
"(3) 'Interest holder' means a secured party within the meaning of Code Section 11 -9-102 or the beneficiary of a perfected encumbrance pertaining to an interest in property."
SECTION 37. This Act shall become effective July 1, 2001.
SECTION 38. All laws and parts of laws in conflict with this Act are repealed.
Approved April 20, 2001.
EDUCATION - HIGH SCHOOL DIPLOMAS FOR WORLD WAR II VETERANS.
Code Section 20-2-69 Enacted.
No. 192 (House Bill No. 176).
AN ACT
To amend Article 3 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to local boards of education, so as to provide that each local board of education shall issue high school diplomas to veterans who failed to receive diplomas due to an interruption of their education by service in World War II; to provide that certain honorably discharged veterans who served in World War II between September 16, 1940, and December 31,1946, and who did not graduate from high school are eligible for a diploma; to provide certain requirements relating to attendance in high school; to provide procedures; to provide for the award of such diplomas; to provide that diplomas may be awarded posthumously; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Article 3 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to local boards of education, is amended by adding at the end thereof a new Code Section 20-2-69 to read as follows:
'20-2-69. Each local board of education shall issue high school diplomas to veterans who failed to receive diplomas due to an interruption of their education by service in

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World War II. The local board of education of the school district where the veteran attended high school shall award the high school diploma to such veteran. A veteran shall make application for a diploma to the appropriate local board of education and furnish proof that such person is a World War II veteran who had his or her education interrupted as a result of service in World War II. Honorably discharged veterans who served in World War II between September 16, 1940, and December 31,1946, and who did not graduate from high school are eligible for a diploma; provided, however, that attendance in high school ranging from 1937-1946 with graduation class years ranging from 1941-1950 is required. Veterans who qualify under this Code section and who have earned a general educational development (GED) diploma are also eligible for a high school diploma. Diplomas may be awarded posthumously. The local board of education is encouraged to present such diplomas to World War II veterans on or near Veterans' Day to bring to the attention of students the importance of such day and the great sacrifices made by World War II veterans."
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.
Approved April 20, 2001.
MOTOR VEHICLES AND TRAFFIC - LICENSE PLATES; RETIRED VETERANS; TROUT UNLIMITED; COUNTY NAME DECALS.
Code Sections 40-2-85.1 and 40-2-81 Amended. Code Sections 40-2-9 and 40-2-86.6 Enacted.
No. 193 (House Bill No. 183).
AN ACT
To amend Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to registration and licensing of vehicles, so as to change the provisions relating to special and distinctive license plates for veterans; to provide that motor vehicle owners who retired from active duty with the armed forces of the United States shall be issued upon application for and upon compliance with the state motor vehicle laws relating to registration and licensing of motor vehicles a retired veteran's license plate; to provide that one such retired veteran's license plate shall be issued without the requisite registration fee, manufacturing fee, or annual registration fee; to provide for the issuance of additional license plates upon the payment of certain fees; to provide for a special license plate promoting trout conservation and recognizing Trout Unlimited; to provide for purposes, design,

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applications, fees, issuance, revenues, renewals, and transfers; to change certain provisions relating to space for county name decal; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to registration and licensing of vehicles, is amended by striking in its entirety Code Section 40-2-85.1, relating to special and distinctive license plates for veterans, and inserting in lieu thereof a new Code Section 40-2-85.1 to read as follows:
'40-2-85.1.
(a)(l) Motor vehicle owners who are retired veterans of the armed forces of the United States or persons who served during World War I, World War II, the Korean War, the Vietnam War, or Operation Desert Storm shall be eligible to receive special and distinctive vehicle license plates for private passenger cars, trucks, or recreational vehicles used for personal transportation. Such license plates shall be issued in compliance with the state motor vehicle laws relating to registration and licensing of motor vehicles as prescribed in Article 2 of this chapter.
(2)(A) Motor vehicle owners who retired from active duty with the armed forces of the United States shall be issued upon application for and upon compliance with the state motor vehicle laws relating to registration and licensing of motor vehicles a retired veteran's license plate. One such retired veteran's license plate shall be issued without the requisite registration fee, manufacturing fee, or annual registration fee. (B) Each retired member of the armed forces shall be entitled to no more than one such free license plate at a time: provided, however, that upon payment of a manufacturing fee of $25.00, a member shall be entitled to one additional such license plate. For each additional license plate for which a $25.00 manufacturing fee is required, there shall be an additional annual registration fee of $25.00 which fee shall be collected by the county tag agent at the time of collection of other registration fees and shall be remitted to the state as provided in Code Section 40-2-34. (b) The commissioner shall design a retired veteran's license plate or a distinctive license plate to commemorate service by the United States armed forces in wars listed in subsection (a) of this Code section. The commissioner shall promulgate such rules and regulations as may be necessary to enforce compliance with all state license laws relating to the use and operation of private passenger cars and trucks before issuing these license plates in lieu of the regular Georgia license plates. The manufacturing fee for such special and distinctive license plates shall be $25.00. The commissioner is specifically authorized to promulgate all rules and regulations necessary to ensure compliance in instances where such vehicles have been transferred or sold. Except as provided in subsection (d) of this Code section, such plates shall be nontransferable.

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(c) The special and distinctive vehicle license plates shall be as prescribed in Article 2 of this chapter for private passenger cars or trucks used for personal transportation. Such plates shall contain such words or symbols, in addition to the numbers and letters prescribed by law, so as to identify distinctively the owners as retired veterans of the armed forces of the United States or persons who served during World War I, World War II, the Korean War, the Vietnam War, or Operation Desert Storm and shall additionally, for such plates manufactured after July 1,2001, identify distinctly the owner as a veteran of one of the following branches of the armed forces: Army, Navy, Marines, Air Force, or Coast Guard. (d) The license plate issued pursuant to this Code section shall be transferred between vehicles as provided in Code Section 40-2-80. The spouse of a deceased retired veteran of the armed forces of the United States or of a deceased person who served during World War I, World War II, the Korean War, the Vietnam War, or Operation Desert Storm shall continue to be eligible to be issued a distinctive personalized license plate as provided in this Code section for any vehicle owned by such veteran ownership of which is transferred to the surviving spouse or for any other vehicle owned by such surviving spouse either at the time of the qualifying veteran's death or acquired thereafter, so long as such person does not remarry. (e) Special license plates issued under this Code section, except as provided in subparagraph (a)(2)(A) of this Code section, shall be renewed annually with a revalidation decal as provided in Code Section 40-2-31 upon payment of an additional $25.00 annual registration fee which fee shall be collected by the county tag agent at the time of collection of other registration fees and remitted to the state as provided in Code Section 40-2-34. It shall be a requirement that a county name decal shall be affixed and displayed on license plates issued under this Code section."
SECTION 2. Said chapter is further amended by adding a new Code Section 40-2-86.6 to read as follows:
'40-2-86.6.
(a) In order to promote and financially provide for conservation, restoration, and enhancement of trout populations and the habitats upon which they depend by the Wildlife Resources Division of the Georgia Department of Natural Resources, there shall be issued beginning January 1, 2002, special license plates recognizing Trout Unlimited of Georgia. (b) The commissioner shall design a special distinctive license plate appropriate for the purposes provided by this Code section. Such special license plate shall be of the same size as general issue motor vehicle license plates and shall include a unique design and an identifying number of not more than six digits. No two recipients shall receive identically numbered plates. Such design shall not include a space for a county name decal but shall instead bear the legend Trout Unlimited' in lieu of the name of the county of issuance.

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(c) Notwithstanding the provisions of subsection (b) of this Code section, this Code section shall not be implemented until such time as the State of Georgia has, through a licensing agreement or otherwise, received such license or other permission as may be required to implement this Code section. The design ofthe initial edition of such special license plate, as well as the design of subsequent editions and excepting only any part or parts of the designs owned by others and licensed to the state, shall be owned solely by the State of Georgia for its exclusive use and control, except as authorized by the commissioner. The commissioner may take such steps as may be necessary to give notice of and protect such right, including the copyright or copyrights. However, such steps shall be cumulative of the ownership and exclusive use and control established by this subsection as a matter of law, and no person shall reproduce or otherwise use such design or designs, except as authorized by the commissioner. (d) On and after January 1, 2002, any Georgia resident who is the owner of a motor vehicle, except a vehicle registered under the International Registration Plan, upon complying with the motor vehicle laws relating to registration and licensing of motor vehicles and upon the payment of a fee of not more than $25.00 in addition to the regular motor vehicle registration fee, shall be issued a special license plate under this Code section in lieu of a general issue license plate. Any application for such special license plate shall be submitted during the owner's registration period, and such special license plate shall be issued within 30 days of such application. Revalidation decals shall, upon payment of fees required by law and collected by the county tag agent and remitted to the state as provided in Code Section 40-2-34, be issued for such special license plates in the same manner as provided for general issue license plates. (e) The funds derived from the sale of such special license plates, less a $1.00 processing fee which shall be granted to county tag offices per plate sold, shall be deposited in the general fund ofthe state treasury. As soon as practicable after the end of each fiscal year, the commissioner shall report the net amount derived from the sale of such special license plates, not including actual manufacturing costs, to the Office of Planning and Budget and the Department of Natural Resources. It is the intent ofthe General Assembly that, subject to appropriation, an amount equal to such net proceeds derived from the sale of such license plates in any fiscal year shall be made available during the following fiscal year to supplement trout restoration and management programs of the Wildlife Resources Division of the Department of Natural Resources. Such programs may include trout hatchery operations, stocking or restocking of trout in waters of the state, rehabilitation of trout habitat areas on state managed wildlife lands, education programs, technical assistance to private landowners in the rehabilitation and maintenance of trout habitats on their lands, and projects to encourage public support for the license plate and the activities it funds. The Department of Natural Resources shall monitor the response of the trout populations to any such habitat conservation activities to determine their effectiveness.

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(f) Special license plates issued under this Code section shall be transferred from one vehicle to another vehicle in accordance with the provisions of Code Section 40-2-80. (g) The Department of Natural Resources shall submit a report to the chairpersons of the Senate Natural Resources Committee and the House Committee on Game, Fish and Parks detailing the revenues derived from the sale of special license plates issued under this Code section and the receipt and expenditure of any funds appropriated for the purposes provided by this Code section. Such report shall be made not later than the second Monday of January of each year.*
SECTION 3. Said chapter is further amended by striking Code Section 40-2-81, relating to space for county name decal, and inserting in lieu thereof the following:
"40-2-9. Any metal five-year special, distinctive, or prestige license plate, except those provided for in Code Section 40-2-61, Code Section 40-2-62, and Code Section 40-2-82 or as otherwise expressly provided in this chapter, shall contain a space for a county name decal; and the provisions of this chapter relative to county name decals shall be applicable to all such license plates.*
SECTION 4. Said chapter is further amended by reserving the designation of Code Section 40-2-81.
SECTION 5. This Act shall become effective January 1, 2002.
SECTION 6. All laws and parts of laws in conflict with this Act are repealed.
Approved April 20, 2001.

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HANDICAPPED PERSONS - DISABLED ADULTS AND ELDER PERSONS; ABUSE, NEGLECT, OR EXPLOITATION.
Code Section 30-5-8 Amended.
No. 194 (House Bill No. 289).
AN ACT
To amend Code Section 30-5-8 of the Official Code of Georgia Annotated, relating to criminal offenses and penalties for abuse, neglect, and exploitation of disabled adults and elder persons, so as to increase the penalty for abuse, neglect, and exploitation of disabled adults and elder persons from a misdemeanor to a misdemeanor of high and aggravated nature; 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 30-5-8 ofthe Official Code ofGeorgia Annotated, relating to criminal offenses and penalties for abuse, neglect, and exploitation of disabled adults and elder persons, is amended by striking the Code section in its entirety and inserting in lieu thereof a new Code Section 30-5-8 to read as follows:
"30-5-8. (a)(l) In addition to any other provision of law, it shall be unlawful for any person to abuse, neglect, or exploit any disabled adult or elder person. (2) Except as otherwise provided in Title 16, any person violating the provisions of this subsection shall be guilty of a misdemeanor of a high and aggravated nature. (b)( 1) It shall be unlawful for any person or official required by paragraph (1) of subsection (a) of Code Section 30-5-4 to report a case of disabled adult or elder person abuse to fail knowingly and willfully to make such report. (2) Any person violating the provisions of this subsection shall be guilty of a misdemeanor,
(c) Any violation of this Code section shall constitute a separate offense."
SECTION 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 3.
All laws and parts of laws in conflict with this Act are repealed.
Approved April 20, 2001.

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HIGHWAYS, BRIDGES, AND FERRIES REST AREAS; POW-MIA FLAG DISPLAY.
Code Section 32-2-8 Enacted.
No. 195 (House Bill No. 294).
AN ACT
To amend Article 1 of Chapter 2 of Title 32 of the Official Code of Georgia Annotated, relating to general provisions applicable to the Department of Transportation, so as to provide that the Department of Transportation shall fly the POW-MIA flag year round at each of the rest areas along interstate highways in this state; to authorize the Department of Transportation to place a plaque at each rest area to indicate Georgia's appreciation of the sacrifices of prisoners of war and those missing in action and their families; 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 32 of the Official Code of Georgia Annotated, relating to general provisions applicable to the Department of Transportation, is amended by adding at the end thereof a new Code Section 32-2-8 to read as follows:
'32-2-8. The Department of Transportation shall fly the POW-MIA flag year round at each of the rest areas along interstate highways in this state. The department is authorized to place a plaque at each rest area to indicate Georgia's appreciation of the sacrifices of prisoners of war and those missing in action and their families."
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.
Approved April 20, 2001.

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COURTS - FAMILY COURT DIVISION PILOT PROJECT.
Code Title 15, Chapter 11A Amended.
No. 196 (House Bill No. 330).
AN ACT
To amend Chapter 11A of Title 15 of the Official Code of Georgia Annotated, relating to the family court division pilot project, so as to extend the pilot project until July 1,2004; to provide for designation of one or more judges to sit as judges of the family court division; to provide for a comprehensive report; to change the repeal date for such chapter to July 1,2004; 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 11A of Title 15 of the Official Code of Georgia Annotated, relating to the family court division pilot project, is amended by striking in its entirety Code Section 15-11A-2, relating to project duration, powers, rules, and judges, and inserting in lieu thereof the following:
"15-11A-2. The Family Court Division of the Superior Court of Fulton County, sometimes referred to in this chapter as the family court division and the superior court, respectively, shall exist as a pilot project of limited duration until July 1, 2004, and shall have the powers, rules of practice and procedure, and selection, qualifications, and terms ofjudges of the superior court and as duly adopted by the superior court for the family court division."
SECTION 2. Said chapter is further amended in Code Section 15-11A-3, relating to judges, terms, and required instruction, by striking subsection (a) in its entirety and inserting in lieu thereof the following:
"(a) The chiefjudge of the superior court shall designate one or more judges of the superior court to sit as judges of the family court division for terms of up to three years and shall designate successors for terms of up to three years. In addition, the chiefjudge of the superior court may designate one or more judges of the superior court to sit as judges of the family court division on a standby basis for terms of up to three years."
SECTION 3. Said chapter is further amended by striking in its entirety Code Section 15-11A-7, relating to a report by the administrative office, and inserting in lieu thereof the following:

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15-11A-7. The Administrative Office of the Courts shall report annually regarding the activities of the family court division of the Superior Court of Fulton County to the chief judge of the Atlanta Judicial Circuit, the Chief Justice of the Georgia Supreme Court, the Governor, the Lieutenant Governor, the Speaker ofthe House of Representatives, and the chairpersons of the Judiciary Committees of the House of Representatives and the Senate. The Administrative Office of the Courts shall prepare for the same judicial officers and elected officials a comprehensive report within 180 days following July 1, 2001, and within 180 days following July 1, 2004."
SECTION 4. Said chapter is further amended by striking in its entirety Code Section 15-11A-9, relating to the repeal of the chapter, and inserting in lieu thereof the following:
"15-11A-9. This chapter shall be repealed in its entirety on July 1, 2004."
SECTION 5. All laws and parts of laws in conflict with this Act are repealed.
Approved April 20, 2001.
PUBLIC OFFICERS AND EMPLOYEES CORRUPTION; INDICTMENT OF CERTAIN PUBLIC OFFICERS AND EMPLOYEES; SUSPENSION.
Code Title 45 Amended. Code Section 17-7-52 Amended.
No. 197 (House Bill No. 367).
AN ACT
To enact the "Corruption Prevention Act;" to provide a short title; to amend Title 45 of the Official Code of Georgia Annotated, relating to public officers and employees, so as to change the procedures relating to the indictment of certain public officials; to provide a procedure for the suspension of members of local government authorities upon felony indictment by a grand jury; to provide for reinstatement in certain circumstances; to provide for removal upon conviction and after exhaustion of appeals; to limit compensation; to provide for replacement officials; to amend Code Section 17-7-52 of the Official Code of Georgia Annotated, relating to the procedure for indictment of a peace officer for crime in performance of duties, so as to include former peace officers; to provide for

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applicability and 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 "Corruption Prevention Act."
SECTION 2. Title 45 of the Official Code of Georgia Annotated, relating to public officers and employees, is amended by adding a new Code Section 45-5-6.2 to read as follows:
'45-5-6.2. (a) As used in this Code section, the term:
(1) 'Authority official' means any appointed member of a governing body of a local authority. (2) 'Local authority' includes without limitation instrumentalities of one or more local governments created to fulfill a specialized public purpose or any other legally created organization that has authority to issue debt for a public purpose independent of a county or municipality. The term does not include state authorities. Such local authorities may have been created by local constitutional amendment, general statute, or local law. (b) Unless otherwise provided by general law, upon indictment of an authority official for a felony offense by a grand jury of this state or by the United States, the governing authority ofthe county or municipality that appointed the authority official may, by resolution entered on the minutes of the governing authority, suspend the authority official from the appointed office immediately and without further action pending the final disposition of the case or until the expiration of his or her appointed term of office, whichever occurs first. During the term of the office to which such officer was appointed and in which the indictment occurred, if a nolle prosequi is entered, ifthe authority official is acquitted, or if, after conviction, the conviction is later overturned as a result of any direct appeal or application for a writ of certiorari, the authority official shall be immediately reinstated to the office from which he or she was suspended. If the local authority is a joint authority or regional authority with appointments from more than one county, municipality, or combination of counties and municipalities, the governing authority of the county or municipality which was responsible for the appointment shall be authorized to suspend the indicted authority official. (c) If the suspended authority official is compensated for his or her duties on behalf of the local authority, the authority official shall continue to receive the compensation from his or her office until a conviction. After a conviction, the authority official shall not be entitled to receive the compensation from his or her office. If the authority official is reinstated to office, he or she shall be entitled to receive any compensation withheld under the provisions of this Code section. For the purpose of this Code section, a plea of nolo contendere shall be considered a conviction.

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(d) For the duration of any suspension of any authority official under this Code section, a replacement official for the authority official suspended shall be appointed as provided for in any general law, local law, ordinance, or resolution governing the filling of a temporary vacancy in the public office affected. If no such general law, local law, ordinance, or resolution governing the filling of a temporary vacancy is applicable, then the governing authority of the county or city responsible for the initial appointment shall appoint a replacement officer for the authority official suspended. Upon final conviction and after exhaustion of all appeals, if any, the office of the authority official shall be vacated immediately without further action. Said vacancy shall be filled by the replacement official appointed pursuant to this subsection for the balance of the appointed term of the convicted authority official."
SECTION 3. Said title is further amended by striking Code Section 45-11-4, relating to malpractice, partiality, neglect of duties, conduct unbecoming office, or demanding more cost than that to which entitled, and inserting in lieu thereof a new Code Section 45-11-4 to read as follows:
"45-11-4.
(a) As used in this Code section, the term: (1) 'County officer' shall mean any elected county officer, including the judge of the probate court, clerk of the superior court, tax receiver, tax collector, and tax commissioner where such office has replaced the tax receiver and tax collector, and any county commissioner. (2) 'Municipal officer' shall mean any mayor or elected member of any municipal governing authority. (3) 'Public officer' shall mean a county officer, a municipal officer, and state officials as provided in Code Section 45-15-11.
(b) A public officer may be charged under this Code section for: (1) Malpractice, misfeasance, or malfeasance in office; (2) Using oppression or tyrannical partiality in the administration or under the color of his or her office; (3) When required by law, willfully refusing or failing to preside in or hold his or her court at the regular terms thereof, or when it is his or her duty under the law to do so; (4) Using any other deliberate means to delay or avoid the due course or proceeding of law; or (5) Willfully and knowingly demanding more cost than he or she is entitled to by law in the administration and under color of his or her office.
(c) A conviction for violating subsection (b) of this Code section shall be punished as for a misdemeanor and, upon conviction in a court of competent jurisdiction, the accused shall be removed from office. (d) This Code section shall only apply to a public officer charged under subsection (b) of this Code section. This Code section shall not apply when a

490_______GENERAL ACTS AND RESOLUTIONS_________
public officer is charged with any other crime alleged to have occurred while such official was in the performance of an official duty. (e) This Code section shall only apply to a public officer holding office at the time of indictment and not to former office holders. (f) Any indictment brought pursuant to subsection (b) of this Code section shall specially set forth the merits of the complaint against the accused public officer. A copy of the proposed bill of indictment shall be served on the accused public officer at least 15 days before it is presented to the grand jury. (g) The accused shall have the right to appear before the grand jury to make such sworn statement as he or she shall desire at the conclusion of the presentation of the state's evidence. The accused shall not be subject to examination, either direct or cross, and shall not have the right individually or through his or her counsel to examine the state's witnesses. The accused and his or her counsel shall have the right to be present during the presentation of all evidence and alleged statements of the accused on the proposed indictment, presentment, or accusation, after which the accused and his or her counsel shall retire instanter from the grand jury room to permit the grand jury to deliberate upon the indictment. (h) At any time during the presentation of evidence or during deliberations, the grand jury may amend the indictment or instruct the district attorney to cause a new indictment to be drawn as in any other case. In such case, a copy of the amendment or new indictment, if it relates to the accused public official, shall be provided to the accused public official and his or her counsel, (i) If a true bill is returned by the grand jury, the indictment shall, as in other cases, be published in open court and shall be placed on the superior court criminal docket of cases to be tried by a petit jury."
SECTION 4. Said title is further amended by striking Code Section 45-15-11, relating to rights of state official before grand jury when charged with misfeasance or malfeasance, and inserting in lieu thereof a new Code Section 45-15-11 to read as follows:
"45-15-11. Before an indictment charging any state official with violating subsection (b) of Code Section 45-11-4 is presented to a grand jury, the district attorney of the county where the grand jury will convene shall notify the Attorney General of such contemplated action."
SECTION 5. Code Section 17-7-52 of the Official Code of Georgia Annotated, relating to the procedure for indictment of a peace officer for crime in performance of duties, is amended by striking subsection (a) and inserting in lieu thereof the following:
"(a) Before an indictment against a present or former peace officer charging the officer with a crime which is alleged to have occurred while he or she was in the performance of his or her duties is returned by a grand jury, the officer shall be notified of the contemplated action by the district attorney of the county wherein

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the grand jury shall convene and the officer shall be afforded the rights provided in Code Section 45-11-4."
SECTION 6. (a) This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. (b) The provisions of Section 2 of this Act shall not apply to any indictment handed down prior to the effective date of this Act. (c) The provisions of Section 5 of this Act shall apply only to crimes committed on or after the effective date of this Act. (d) The provisions of Sections 3 and 4 of this Act shall apply to crimes committed before, on, and after the effective date of this Act.
SECTION 7. All laws and parts of laws in conflict with this Act are repealed.
Approved April 20, 2001.
STATE GOVERNMENT - OPEN RECORDS; EXEMPTION FOR CARPOOL1NG AND RIDESHARING PROGRAMS.
Code Section 50-18-72 Amended.
No. 198 (House Bill No. 393).
AN ACT
To amend Code Section 50-18-72 of the Official Code of Georgia Annotated, relating to when public disclosure ofpublic records is not required, so as to provide that public disclosure shall not be required for certain records relating to carpooling and ridesharing programs; to provide for a definition; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAE ASSEMBEY OF GEORGIA:
SECTION 1. Code Section 50-18-72 ofthe Official Code of Georgia Annotated, relating to when public disclosure of public records is not required, is amended by striking subsection (a) of said Code section and inserting in its place the following:
"(a) Public disclosure shall not be required for records that are: (1) Specifically required by the federal government to be kept confidential;

492________GENERAL ACTS AND RESOLUTIONS___________
(2) Medical or veterinary records and similar files, the disclosure of which would be an invasion of personal privacy; (3) Except as otherwise provided by law, records compiled for law enforcement or prosecution purposes to the extent that production of such records would disclose the identity of a confidential source, disclose confidential investigative or prosecution material which would endanger the life or physical safety of any person or persons, or disclose the existence of a confidential surveillance or investigation; (4) Records of law enforcement, prosecution, or regulatory agencies in any pending investigation or prosecution of criminal or unlawful activity, other than initial police arrest reports and initial incident reports; provided, however, that an investigation or prosecution shall no longer be deemed to be pending when all direct litigation involving said investigation and prosecution has become final or otherwise terminated; (4.1) Individual Georgia Uniform Motor Vehicle Accident Reports, except upon the submission of a written statement of need by the requesting party, such statement to be provided to the custodian of records and to set forth the need for the report pursuant to this Code section; provided, however, that any person or entity whose name or identifying information is contained in a Georgia Uniform Motor Vehicle Accident Report shall be entitled, either personally or through a lawyer or other representative, to receive a copy of such report; and provided, further, that Georgia Uniform Motor Vehicle Accident Reports shall not be available in bulk for inspection or copying by any person absent a written statement showing the need for each such report pursuant to the requirements of this Code section. For the purposes of this subsection, the term 'need' means that the natural person or legal entity who is requesting in person or by representative to inspect or copy the Georgia Uniform Motor Vehicle Accident Report:
(A) Has a personal, professional, or business connection with a party to the accident; (B) Owns or leases an interest in property allegedly or actually damaged in the accident; (C) Was allegedly or actually injured by the accident; (D) Was a witness to the accident; (E) Is the actual or alleged insurer of a party to the accident or of property actually or allegedly damaged by the accident; (F) Is a prosecutor or a publicly employed law enforcement officer; (G) Is alleged to be liable to another party as a result of the accident; (H) Is an attorney stating that he or she needs the requested reports as part of a criminal case, or an investigation of a potential claim involving contentions that a roadway, railroad crossing, or intersection is unsafe; (I) Is gathering information as a representative of a news media organization; or (J) Is conducting research in the public interest for such purposes as accident prevention, prevention of injuries or damages in accidents,

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determination of fault in an accident or accidents, or other similar purposes; provided, however, this subparagraph will apply only to accident reports on accidents that occurred more than 30 days prior to the request and which shall have the name, street address, telephone number and driver's license number redacted; (5) Records that consist of confidential evaluations submitted to, or examinations prepared by, a governmental agency and prepared in connection with the appointment or hiring of a public officer or employee; and records consisting of material obtained in investigations related to the suspension, firing, or investigation of complaints against public officers or employees until ten days after the same has been presented to the agency or an officer for action or the investigation is otherwise concluded or terminated, provided that this paragraph shall not be interpreted to make such investigatory records privileged; (6) Real estate appraisals, engineering or feasibility estimates, or other records made for or by the state or a local agency relative to the acquisition of real property until such time as the property has been acquired or the proposed transaction has been terminated or abandoned and engineers' cost estimates and rejected or deferred bid proposals until such time as the final award is made, either received or prepared by the Department of Transportation pursuant to Article 4 of Chapter 2 of Title 32, by a county pursuant to Article 3 of Chapter 4 of Title 32, or by a municipality pursuant to Article 4 of Chapter 4 of Title 32; (7) Notwithstanding any other provision of this article, an agency shall not be required to release those portions of records which would identify persons applying for or under consideration for employment or appointment as executive head of an agency as that term is defined in paragraph (1) of subsection (a) of Code Section 50-14-1, or of a unit of the University System of Georgia; provided, however, that at least 14 calendar days prior to the meeting at which final action or vote is to be taken on the position, the agency shall release all documents which came into its possession with respect to as many as three persons under consideration whom the agency has determined to be the best qualified for the position and from among whom the agency intends to fill the position. Prior to the release of these documents, an agency may allow such a person to decline being considered further for the position rather than have documents pertaining to the person released. In that event, the agency shall release the documents of the next most qualified person under consideration who does not decline the position. If an agency has conducted its hiring or appointment process open to the public, it shall not be required to delay 14 days to take final action on the position. The agency shall not be required to release such records with respect to other applicants or persons under consideration, except at the request of any such person. Upon request, the hiring agency shall furnish the number of applicants and the composition of the list by such factors as race and sex. The agency shall not be allowed to

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avoid the provisions of this paragraph by the employment of a private person or agency to assist with the search or application process; (8) Related to the provision of staff services to individual members of the General Assembly by the Legislative and Congressional Reapportionment Office, the Senate Research Office, or the House Research Office, provided that this exception shall not have any application with respect to records related to the provision of staff services to any committee or subcommittee or to any records which are or have been previously publicly disclosed by or pursuant to the direction of an individual member of the General Assembly; (9) Records that are of historical research value which are given or sold to public archival institutions, public libraries, or libraries of a unit of the Board of Regents of the University System of Georgia when the owner or donor of such records wishes to place restrictions on access to the records. No restriction on access, however, may extend more than 75 years from the date of donation or sale. This exemption shall not apply to any records prepared in the course of the operation of state or local governments of the State of Georgia; (10) Records that contain information from the Department of Natural Resources inventory and register relating to the location and character of a historic property or of historic properties as those terms are defined in Code Sections 12-3-50.1 and 12-3-50.2 if the Department of Natural Resources through its Division of Historic Preservation determines that disclosure will create a substantial risk of harm, theft, or destruction to the property or properties or the area or place where the property or properties are located; (11) Records that contain site specific information regarding the occurrence of rare species of plants or animals or the location of sensitive natural habitats on public or private property if the Department of Natural Resources determines that disclosure will create a substantial risk of harm, theft, or destruction to the species or habitats or the area or place where the species or habitats are located; provided, however, that the owner or owners of private property upon which rare species of plants or animals occur or upon which sensitive natural habitats are located shall be entitled to such information pursuant to this article; (11.1) An individual's social security number and insurance or medical information in personnel records, which may be redacted from such records; (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; (12) Public records containing information that would disclose or might lead to the disclosure of any component in the process used to execute or adopt an electronic signature, if such disclosure would or might cause the electronic

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signature to cease being under the sole control of the person using it. For purposes of this paragraph, the term 'electronic signature' has the same meaning as that term is defined in Code Section 10-12-3; (13) Records that would reveal the home address or telephone number, social security number, or insurance or medical information of law enforcement officers, judges, scientists employed by the Division of Forensic Sciences of the Georgia Bureau of Investigation, correctional employees, and prosecutors or identification of immediate family members or dependents thereof; or (14) Acquired by an agency for the purpose of establishing or implementing, or assisting in the establishment or implementation of, a carpooling or ridesharing program, to the extent such records would reveal the name, home address, employment address, home telephone number, employment telephone number, or hours ofemployment ofany individual or would otherwise identify any individual who is participating in, or who has expressed an interest in participating in, any such program. As used in this paragraph, the term 'carpooling or ridesharing program' means and includes, but is not limited to, the formation of carpools, vanpools, or buspools, the provision of transit routes, rideshare research, and the development of other demand management strategies such as variable working hours and telecommuting."
SECTION 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.
Approved April 20, 2001.
REVENUE AND TAXATION - AD VALOREM TAXATION; COUNTY BOARDS OF EQUALIZATION; MEMBERS.
Code Section 48-5-311 Amended.
No. 199 (House Bill No. 456).
AN ACT
To amend Code Section 48-5-311 of the Official Code of Georgia Annotated, relating to creation of county boards of equalization and review and appeal of ad valorem tax assessments, so as to change certain provisions regarding qualifications ofmembers of county boards ofequalization; to provide an effective date; to repeal conflicting laws; and for other purposes.

496________GENERAL ACTS AND RESOLUTIONS____________
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Code Section 48-5-311 of the Official Code of Georgia Annotated, relating to creation of county boards of equalization and review and appeal of ad valorem tax assessments, is amended by striking paragraph (1) of subsection (b) and inserting in its place a new paragraph (1) to read as follows:
"(1) Each person who is, in the judgment of the appointing grand jury, qualified and competent to serve as a grand juror, who is the owner of real property, and who is at least a high school graduate shall be qualified, competent, and compellable to serve as a member or alternate member of the county board of equalization. No member of the governing authority of a county, municipality, or consolidated government; member of a county or independent board of education; member of the county board of tax assessors; employee of the county board of tax assessors; or county tax appraiser shall be competent to serve as a member or alternate member of the county board of equalization."
SECTION 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.
Approved April 20, 2001.
STATE GOVERNMENT - STATE FINANCING AND INVESTMENT COMMISSION.
Code Sections 15-7-22 and 15-7-27 Amended.
No. 211 (House Bill No. 695).
AN ACT
To amend Chapter 17 of Title 50 of the Official Code of Georgia Annotated, relating to state debt, investment, and depositories, so as to make the State Financing and Investment Commission responsible for the proper application of an appropriation for capital outlay and for the proper disbursement ofan appropriation to it for public school capital outlay; to make the commission and the State Board ofEducation concurrently responsible for the proper application ofan appropriation to the commission for public school capital outlay; to provide for grant

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administration services for state agencies and instrumentalities by the construction division of the commission; to provide for construction related and grant administration services for local governments, their instrumentalities, and other political subdivisions by the construction division of the commission; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Chapter 17 of Title 50 of the Official Code of Georgia Annotated, relating to state debt, investment, and depositories, is amended in Code Section 50-17-22, relating to the State Financing and Investment Commission, by striking subsection (a) and paragraph (2) of subsection (b) and inserting in lieu thereof the following:
'(a) Responsibilities. Subject to the limitations contained in this article, the commission shall be responsible for the issuance of all public debt incurred hereunder, for the proper application ofthe proceeds ofsuch debt to the purposes for which it is incurred, for the proper application of an appropriation to the commission for capital outlay to the purpose for which it is appropriated, and for the application and administration of this article; provided, however, that the proceeds of guaranteed revenue obligations shall be paid to the issuer thereof, and such proceeds and the application thereof shall be the responsibility of the issuer. The commission shall also be responsible for the proper disbursement of an appropriation to it for public school capital outlay, and the commission and the State Board of Education will be concurrently responsible for its proper application. The commission shall be responsible for the issuance of guaranteed revenue debt, except that bonds themselves evidencing such debt shall be in the name of the instrumentality of this state issuing the same and shall be issued and executed in accordance with the laws relative to such instrumentality and the applicable provisions of this article."
'(2) There shall be a construction division of the commission administered by a director who shall not be a member of the commission and who shall also serve as the executive secretary for the commission. The director and the staff of the construction division shall be appointed by and serve at the pleasure of the commission, shall provide administrative support for all personnel of the commission, and shall account for and keep all records pertaining to the operation and administration of the commission and its staff. The director, as executive secretary, shall prepare agenda and keep minutes of all meetings of the commission. In construction and construction related matters, the construction division shall act in accordance with the policies, resolutions, and directives of the Georgia Education Authority (Schools) and the Georgia Education Authority (University) until such time as such policies, resolutions, or directives are changed or modified by the commission. In carrying out its responsibilities in connection with the application of any funds under its control, including the proceeds of any debt or any appropriation made directly to it for construction purposes, the commission is specifically authorized to

498_________GENERAL ACTS AND RESOLUTIONS_________
acquire and construct projects for the benefit of any department or agency of the state or to contract with any such department or agency for the acquisition or construction of projects under policies, standards, and operating procedures to be established by the commission; provided, however, that the commission shall contract with the Department of Transportation or the Georgia Highway Authority or the State Tollway Authority or any combination of the foregoing for the supervision of and contracting for design, planning, building, rebuilding, constructing, reconstructing, surfacing, resurfacing, laying out, grading, repairing, improving, widening, straightening, operating, owning, maintaining, leasing, and managing any public roads and bridges for which general obligation debt has been authorized. The construction division also shall perform such construction related services and grant administration services for state agencies and instrumentalities and for local governments, instrumentalities of local governments, and other political subdivisions as may be assigned to the commission or to the construction division by executive order of the Governor.'
SECTION 2. Said chapter is further amended in Code Section 50-17-27, relating to the application and investment of public debt proceeds, by striking subsection (b) and inserting in lieu thereof the following:
"(b) Proceeds received from the sale of bonds evidencing general obligation debt shall be held in trust by the commission and disbursed promptly by the commission in accordance with the original purpose set forth in the authorization ofthe General Assembly and in accordance with rules and regulations established by the commission. Bond proceeds and other proceeds held by the commission shall be as fully invested as is practical, consistent with the proper application of such proceeds for the purposes intended. Investments shall be limited to general obligations of the United States or of subsidiary corporations of the United States government fully guaranteed by such government, or to obligations issued by the Federal Land Bank, Federal Home Loan Bank, Federal Intermediate Credit Bank, Bank for Cooperatives, Federal Farm Credit Banks, or to tax exempt obligations issued by any state, county, municipal corporation, district, or political subdivision, or civil division or public instrumentality of any such government or unit of such government, or to the units of any unit investment trusts the assets of which are exclusively invested in obligations of the type described above, or to the shares of any mutual fund the investments of which are limited to securities of the type described above and distributions from which are treated for federal income tax purposes in the same manner as the interest on said obligations, provided that at the time of investment such obligations or the obligations held by any such unit investment trust or the obligations held or to be acquired by any such mutual fund are limited to obligations which are rated within one of the top two rating categories of any nationally recognized rating service or any rating service recognized by the commissioner of banking and finance, and no others. Income earned on any such investments or otherwise

____________GEORGIA LAWS 2001 SESSION__________499
earned by the commission shall be retained by the commission and used to purchase and retire any public debt or any bonds or obligations issued by any public agency, public corporation, or authority which are secured by a contract to which the second paragraph of Article IX, Section VI, Paragraph I(a) of the Constitution of Georgia of 1976 is applicable and may be used to pay operating expenses of the commission. However, in order to provide for contingencies, efficiency, and flexibility, the commission may agree by contract or grant agreement with county and independent school systems that income earned during grant administration on a direct appropriation of state funds to the commission for public school capital outlay will be applied to the capital outlay purposes of the appropriation. Otherwise, the interest on direct appropriations to the commission shall be deposited into the treasury.*
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.
Approved April 24, 2001.
STATE GOVERNMENT - APPROPRIATIONS; S.F.Y. 2000-2001; SUPPLEMENTARY; PUBLIC SCHOOL CAPITAL OUTLAY.
No. 212 (House Bill No. 139).
AN ACT
To provide supplementary appropriations for public school capital outlay for the State Fiscal Year ending June 30, 2001, in addition to the appropriations made by the General Appropriations Act and any other appropriations; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION I. In addition to the appropriations made by the General Appropriations Act and any other appropriations, the following appropriation is made for public school capital outlay:
The amount of $468,000,000 is appropriated to the Georgia State Financing and Investment Commission for public school capital outlay.
TOTAL APPROPRIATION STATE FUNDS: $468,000,000

500________GENERAL ACTS AND RESOLUTIONS_________
SECTION 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.
Approved April 24, 2001.
PUBLIC OFFICERS AND EMPLOYEES - EMPLOYEE SUGGESTIONS AND AWARDS; INCENTIVES.
Code Title 45, Chapter 21 Amended.
No. 213 (Senate Bill No. 161).
AN ACT
To amend Title 45 of the Official Code of Georgia Annotated, relating to public officers and employees, so as to provide for certain incentive award programs and incentive compensation plans for employees of the state; to revise existing provisions relating to suggestions and awards; to provide for other 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 45 of the Official Code of Georgia Annotated, relating to public officers and employees, is amended by striking Chapter 21, relating to employee suggestions and awards, and inserting in its place 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) 'Appointing authority' means a person or group of persons authorized by law or delegated authority to make appointments to fill employee positions in the legislative, judicial, or executive branch of state government. (3) 'Board' means the State Personnel Board.

___________GEORGIA LAWS 2001 SESSION__________501
(4) 'Commissioner'means the commissioner ofpersonnel administration or his or her designee. (5) 'Incentive award program' means a program developed by the board or other appointing authority under subsection (b) of Code Section 45-21-2. (6) 'Incentive compensation plan' means a plan developed by the board under Chapter 20 of this title and subsection (c) of Code Section 45-21-2 or other appointing authority under subsection (c) of Code Section 45-21-2. (7) 'Incentive payment' means a one-time lump sum payment that does not become a part of base salary.
45-21-2.
(a) The board may formulate, establish, and maintain employees' incentive award programs and incentive compensation plans to encourage state employees to improve the operation and perception of state government and its instrumentalities. (b) The board may establish incentive award programs for agencies for:
(1) Employees who perform a special, extraordinary service, act, or achievement in the public interest, beyond the ordinary demands of duty, and in connection with or related to state government or its instrumentalities. Without limitation but as illustrations, when these criteria are satisfied such awards may be made for:
(A) Heroism; (B) Response to an unanticipated problem or opportunity for the state employer; (C) Service or an act or achievement which particularly enhances public perception of state government; or (D) Innovative or unique success where other efforts have failed or where experts said a job could not be done; and (2) Employees whose suggestions or ideas are implemented by a state department or instrumentality. Appointing authorities of the legislative and judicial branches may also establish such incentive award programs. (c)(l) In providing for compensation, pay for performance, and performance management under Chapter 20 ofthis title, the board may provide for incentive compensation plans which authorize or direct incentive pay as follows: (A) A one-time payment to induce the employment of a prospective employee with particularly desirable skills or attributes; (B) A one-time payment for learning new, critically needed employment skills; (C) A lump sum payment for employees who surpass performance expectations; and (D) Goal based or incentive pay based on objectively measurable criteria. (2) The board may impose requirements for periods of continued employment for incentive compensation plans. To receive consideration for incentive compensation for surpassing expectations under subparagraph (c)( 1 )(C) ofthis

502________GENERAL ACTS AND RESOLUTIONS___________
Code section, an employee must be in continued employment with the appointing authority or an appointing authority in the legislative, executive, or judicial branch at the time the compensation is paid. (3) Appointing authorities for which the board does not provide for compensation, pay for performance, and performance management under Chapter 20 of this title may also establish such incentive compensation plans. This authorization shall extend without limitation to the appointing authorities of the legislative and judicial branches, state authorities, and any executive branch agency which employed no classified employees as of July 1, 1996.
45-21-3.
(a) With the approval of the board, the commissioner shall prepare rules necessary and appropriate for the proper administration of incentive award programs, including rules governing the:
(1) Operation of the incentive awards programs; (2) Eligibility of employees to participate in the programs; (3) Type of suggestions or extraordinary service; (4) Method of submission of nominations or applications; (5) Procedure for review; (6) Procedure for verifying qualification; and (7) Procedure for determining awards. (b) The rules for incentive awards for extraordinary service under paragraph (1) ofsubsection (b) ofCode Section 45-21 -2 shall provide for evaluation and award by the appointing authority. The rules for incentive awards for suggestions and ideas shall comply with Code Sections 45-21-4 through 45-21-8. (c) 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, ifthe Governor has not rejected them prior to that time.
45-21-4.
Subject to Article 1 ofChapter 20 ofthis title, the commissioner shall employ the necessary staff required to carry out this chapter.
45-21-5.
Under incentive award programs for suggestions and ideas, each agency head shall appoint a committee to be composed of not more than three members selected from the officers and employees of the agency to review suggestions submitted which pertain to the operations ofthat agency. The agency committee shall, within 45 days 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 appointing authority's plan with reference to adopting them.

____________GEORGIA LAWS 2001 SESSION___________503
45-21-6. The commissioner shall make any fUrther investigation deemed appropriate with respect to any suggestion or idea whether or not reported by the appointing authorities 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 for employee suggestions or ideas including what, if anything, shall be awarded to an employee.
45-21-7.
(a)(l) Cash awards for suggestions or ideas submitted by an employee, implemented by an agency, 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 agency or agencies adopting the suggestion and shall be made within the fiscal year the suggestion or idea is authorized for payment. Cash awards shall be for not less than $ 10.00 and for not more than $5,000.00 regardless of the number of agencies adopting the suggestion. (2) 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. (3) The board shall establish a method of evaluating such suggestions. Cash awards for suggestions involving intangible savings shall not exceed $100.00. (b) In recognition of achievements under incentive award programs, incentive compensation plans, or other employee achievement, the board and other appointing authorities may award: (1) Certificates of merit; (2) Certificates acknowledging period of service; or (3) Pins, buttons, or other emblems.
45-21-8. The board shall bear the costs of administration and of the certificates and emblems which it awards and appointing authorities shall bear the costs of administration and of the certificates, emblems, and incentive awards and payments which they award.
45-21-9. (a) The following incentive payments will not be included in earnable compensation in determining retirement benefits under Chapters 2 and 3 of Title 47:
(1) Payments under an incentive awards program; (2) Recruitment payments under an incentive compensation plan; or

504________GENERAL ACTS AND RESOLUTIONS___________
(3) Payments for learning new, critically needed employment skills. However, these incentive payments will be included as salary in the pay period granted and will be subject to employee withholding taxes in that pay period. If state or federal law otherwise requires an incentive payment to be included in salary for computing a benefit, the incentive will be deemed to have been paid, for such purpose only, annualized in equal installments prospectively over the following 12 months. (b) The following incentive payments under employee incentive compensation plans will be included in calculating earnable compensation in determining retirement benefits under Chapters 2 and 3 of Title 47:
(1) Lump sum payments for surpassing performance expectations under subparagraph (c)(l)(C) of Code Section 45-21-2; and (2) Goal based or incentive pay under subparagraph (c)(l)(D) of Code Section 45-21-2. When an incentive payment will be included in salary for computing retirement benefits, the incentive will be deemed to have been paid, for such purpose only, annualized in equal installments prospectively over the following 12 months. These incentive payments will be included as salary in the pay period granted and will be subject to employee withholding taxes in that pay period. If state or federal law otherwise requires an incentive payment to be included in salary for computing a benefit, the incentive will be deemed to have been paid, for such purpose only, annualized in equal installments prospectively over the following 12 months.*
SECTION 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.
Approved April 26, 2001.

____________GEORGIA LAWS 2001 SESSION__________505

STATE GOVERNMENT - APPROPRIATIONS; SUPPLEMENTAL; S.F.Y. 2000-2001.

No. 214 (House Bill No. 174).

AN ACT

To amend an Act providing appropriations for the State Fiscal Year 2000-2001 known as the "General Appropriations Act", approved May 1,2000 (Ga. L. 2000, p. 1732), so as to change certain appropriations for the State Fiscal Year 2000-2001; to make language and other changes; to reallocate certain funds; to provide an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

Section 1.

An Act providing appropriations for the State Fiscal Year 2000-2001, as amended, known as the "General Appropriations Act" approved May 1,2000 (Ga. L. 2000, p. 1732), is further amended by striking everything following the enacting clause through Section 64, and by substituting in lieu thereof the following:

That the sums ofmoney 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, tobacco fund receipts and lottery receipts) for State Fiscal Year 2001.

PART I. LEGISLATIVE BRANCH

Section 1. General Assembly.
State Funds 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

$ 33,849,106

$ 17,657,651

$ 4,753,604

$ 2,668,752

$ 121,000

$

7,000

$

0

$

0

$ 1,008,500

$ 812,000

$

5,000

$ 692,500

506

GENERAL ACTS AND RESOLUTIONS, VOL. I

Per Diem, Fees and Contracts - Staff

$ 164,115

Per Diem, Fees and Contracts - Elected Officials

$ 4,206,984

Photography

$ 100,000

Expense Reimbursement Account

$ 1,652,000

Total Funds Budgeted

$ 33,849,106

State Funds Budgeted Senate Functional Budgets

S 33,849,106

Total Funds State Funds

Senate and Research Office

$ 5,560,400 $ 5,560,400

Lt. Governor's Office

$ 1,046,607 $ 1,046,607

Secretary of the Senate's Office

$ 1,302,036 $ 1,302,036

Total

$ 7,909,043 $ 7,909,043

House Functional Budgets

Total Funds State Funds

House of Representatives and Research Office $ 12,713,690 $ 12,713,690

Speaker of the House's Office

$ 480,753 S 480,753

Clerk of the House's Office

$ 1,703,289 $ 1,703,289

Total

$ 14,897,732 $ 14,897,732

Joint Functional Budgets

Total Funds State Funds

Legislative Counsel's Office

$ 3,436,860 $ 3,436,860

Legislative Fiscal Office

$ 2,395,445 $ 2,395,445

Legislative Budget Office

$ 1,117,779 $ 1,117,779

Ancillary Activities

$ 3,673,570 $ 3,673,570

Budgetary Responsibility Oversight Committee $ 418,677 $ 418,677

Total

$ 11,042,331 $ 11,042,331

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

____________GEORGIA LAWS 2001 SESSION__________507

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 ofthe 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.

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.
State Funds 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

$ 28,039,352 $ 23,305,499 $ 794,700 $ 536,000 $ 49,000 $ 20,000 $ 1,102,153 $ 232,000 $ 1,684,000 $ 316,000
$ 28,039,352
S 28,039,352

PART II JUDICIAL BRANCH

Section 3. Judicial Branch. State Funds 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

$ 121,556,485

$ 16,049,110

$ 102,144,772

$ 3,186,950

$ 1,837,763

$

34,284

$ 700,000

$ 600,000

508______GENERAL ACTS AND RESOLUTIONS, VOL. 1_________

Total Funds Budgeted State Funds Budgeted Judicial Branch Functional Budgets

Supreme Court

$

Court of Appeals

$

Superior Court - Judges

$

Superior Court - District Attorneys

$

Juvenile Court

$

Institute of Continuing Judicial Education $

Judicial Council

$

Judicial Qualifications Commission

$

Indigent Defense Council

$

Georgia Courts Automation Commission $

Georgia Office Of Dispute Resolution

$

Total

S

$ 124,552,879 $ 121,556,485
Total Funds State Funds 7,897,514 $ 7,069,074 10,689,148 $ 10,593,148
44,988,959 $ 44,988,959 39,065,780 $ 37,240,049
1,383,075 $ 1,383,075 1,208,126 $ 1,161,187 10,090,955 $ 9,907,832
246,262 $ 246,262 5,837,388 $ 5,821,227 2,802,982 $ 2,802,982
342,690 $ 342,690 124,552,879 $ 121,556,485

Section 4. Department of Administrative Services A. Budget Unit: Department of Administrative Services
State Funds 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

S 50,849,155

$ 66,907,697

$ 14,738,157

$ 613,171

$ 744,834

$ 4,030,945

$ 2,496,010

$ 4,423,116

$ 460,283

$ 47,100,118

$ 26,175,204

$

0

$

0

$ 650,000

$ 563,793

$ 83,994,325

$ 683,484

$ 26,939,840

$ 496,375

$

35,000

$

48,500

$

75,000

$ 500,000

GEORGIA LAWS 2001 SESSION

509

State Self Insurance Fund

$

0

Payments to Georgia Technology Authority

$ 7,783,527

Payments for Hazardous Materials Removal

$ 100,000

Total Funds Budgeted

$ 289,559,379

State Funds Budgeted Departmental Functional Budgets

S 50,849,155

Total Funds State Funds

Administration

$ 7,046,356 $ 2,433,500

Support Services

$ 29,130,012 $ 800,000

Statewide Business Services

$ 3,654,108 $ 3,624,738

Information Technology

$ 222,785,349 $ 28,809,162

Risk Management

$ 3,951,132 $ 496,375

State Properties Commission

$

736,486 $ 736,486

Office of the Treasury

$ 1,714,927 $ 279,230

State Office of Administrative Hearings

$ 4,686,156 $ 4,382,232

Executive Administration

$ 10,633,703 $ 9,287,432

Customer Service

$ 5,221,150 $

0

Total

S 289,559,379 $ 50,849,155

B. Budget Unit: Georgia Building Authority
State Funds Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem, Fees and Contracts Capital Outlay Utilities Contractual Expense Facilities Renovations and Repairs
Total Funds Budgeted
State Funds Budgeted Departmental Functional Budgets

Administration

$

Facilities Program

$

Operations

$

Security

$

Sales

$

Van Pool

$

Total

$

$

0

$ 19,913,392

$ 15,468,544

$

13,000

cj> 200,000

j>j

90,000

c3>

322,000

C4>

15,071

t4>

261,916

767,389

$

0

$

0

0

$

0

$ 37,051,312

$

0

Total Funds State Funds

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

510______GENERAL ACTS AND RESOLUTIONS, VOL. I_______

Section 5. Department of Agriculture. A. Budget Unit: Department of Agriculture
State Funds Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem, Fees and Contracts Market Bulletin Postage Payments to Athens and Tifton Veterinary
Laboratories Poultry Veterinary Diagnostic Laboratories in
Canton, Dalton, Douglas, Oakwood, Statesboro, Carroll, Macon, Mitchell, and Monroe Veterinary Fees Indemnities Advertising Contract Payments to Georgia Agrirama Development Authority for Operations Payments to Georgia Development Authority Renovation, Construction, Repairs and Maintenance Projects at Major and Minor Markets Capital Outlay Contract - Federation of Southern Cooperatives Boll Weevil Eradication Program
Total Funds Budgeted
State Funds Budgeted Departmental Functional Budgets

Plant Industry

$

Animal Industry

$

Marketing

$

Internal Administration

$

Fuel and Measures

$

Consumer Protection Field Forces

$

Seed Technology

$

Total

$

B. Budget Unit: State Funds - Georgia

Agrirama Development Authority

Personal Services

S 43,074,106 $ 34,471,818 $ 4,338,335 $ 1,028,145 $ 690,948 $ 462,673 $ 667,341 $ 814,475 $ 406,380 $ 1,713,241 $ 1,143,240
$ 3,487,158

$ 3,368,613

$ 265,000

$

30,000

$ 425,000

$ 918,598

$

0

$ 650,000

$

0

$

40,000

$

0

S 54,920,965

$ 43,074,106

Total Funds State Funds

9,065,216 $ 8,284,216

17,111,644 $ 13,979,509

7,412,575 $ 3,737,575

8,353,672 $ 8,166,672

3,659,546 $ 3,529,846

8,620,508 $ 5,376,288

697,804 $

0

54,920,965 $ 43,074,106

$

0

$ 1,153,218

____________GEORGIA LAWS 2001 SESSION________511

Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem, Fees and Contracts Capital Outlay Goods for Resale
Total Funds Budgeted
State Funds Budgeted
Section 6. Department of Banking and Finance
State Funds Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem, Fees and Contracts
Total Funds Budgeted
State Funds Budgeted
Section 7. Department of Community Affairs.
State Funds 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 Local Assistance Grants Appalachian Regional Commission Assessment HDD-Community Development Block Pass thru

$ 213,180

$

3,000

$

0

$

5,000

$

9,500

$

0

$

7,500

$

96,500

$ 125,000 $ 120,000

$ 1,732,898

$

0

S 10,871,827 $ 8,903,028

$ 471,206

$ 475,103

$ 112,380

$

34,422

$ 309,790 $ 458,071

$

94,392

$

13,435

S 10,871,827

$ 10,871,827

$119,543,047

$ 20,511,876

$ 2,530,576

$ 524,723

$

8,000

$ 384,085

$ 1,451,218

$ 1,465,060

$ 700,735

$ 517,228

$

0

$ 2,204,851 $ 78,139,060 $ 146,000

512______GENERAL ACTS AND RESOLUTIONS, VOL. 1_______

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 EZ/EC Administration EZ/EC Grants Regional Economic Development Grants Contracts for Homeless Assistance HUD Section 8 Rental Assistance Georgia Regional Transportation Authority GHFA - Georgia Cities Foundation
Total Funds Budgeted
State Funds Budgeted Departmental Functional Budgets

Executive Division

$

Planning and Environmental Management

Division

$

Business and Financial Assistance Division $

Housing Finance Division

$

Finance Division

$

Administrative and Computer Support Divisions

Georgia Music Hall of Fame Division

$

Community Services Division

$

Rural Development Division

$

Total

$

$ 30,000,000

$ 5,315,000

$ 5,000,000

$ 3,165,581

$

0

$ 617,500

$ 3,281,250

$ 915,888

$ 3,847,147

$ 189,073

$

0

$ 1,128,125

$ 1,250,000

$ 50,000,000

$ 7,964,097

$ 1,500,000

$ 222,757,073

$119,543,047

Total Funds State Funds 87,760,199 $ 87,592,248

4,641,237 $ 4,413,281 37,780,513 $ 6,204,475
9,638,290 $ 4,665,581 8,404,398 $ 6,772,856 2,242,670 $ 766,002 1,874,857 $ 931,779 66,036,276 $ 3,818,192 4,378,633 $ 4,378,633 222,757,073 $ 119,543,047

Sections. Department of Community Health
A. Budget Unit: Medicaid Services State Funds Tobacco Funds Personal Services
Regular Operating Expenses Travel
Motor Vehicle Purchases Equipment
Computer Charges Real Estate Rentals
Telecommunications

$1,379,406,055

$ 18,463,913

$ 31,314,590

$ 7,239,208

$

407,279

$

14,500

$

77,292

$ 50,488,800

$ 1,368,942

$

808,391

_____________GEORGIA LAWS 2001 SESSION___________513

Per Diem, Fees and Contracts

$ 376,727,342

Medicaid Benefits, Penalties and

Disallowances

$ 3,648,661,747

Audit Contracts

$ 1,097,500

Special Purpose Contracts

$

64,732

Purchase of Service Contracts

$

183,244

Grant in Aid to Counties

$

764,826

Health Insurance Payments

$ 1,009,000,000

Medical Fair

$

27,000

Loan Repayment Program

$

400,000

Medical Scholarships Capitation Contracts for Family Practice

$

762,000

Residency Residency Capitation Grants

$ 4,137,000 $ 2,202,803

Student Preceptorships

$

175,000

Medical Student Capitation

$ 3,889,600

Mercer School of Medicine Grant

$ 19,308,766

Morehouse School of Medicine Grant

$ 7,894,890

SREB Payments

$

488,700

Pediatric Residency Capitation

$

474,240

Preventive Medicine Capitation

$

120,000

Total Funds Budgeted Tobacco Funds Budgeted

$ 5,168,098,392 S 18,463,913

State Funds Budgeted Departmental Functional Budgets

S 1,379,406,055

Total Funds State Funds

Commissioner's Office

$ 1,346,821 $

821,951

Medicaid Benefits, Penalties and

Disallowances

$ 3,648,661,74751,280,370,793

Program Management - Medicaid

$ 38,639,112 $ 15,016,135

Systems Management - Medicaid

$ 58,231,312 $ 12,454,004

Office of General Counsel

$ 1,232,556 $

699,139

Office of Communications

$

473,646 $

236,823

Office of Human Resources

$

429,236 $

263,914

General Administration

$ 53,121,954 $ 2,824,458

Minority Health

$

498,406 $

371,210

Women's Health

$

491,496 $

454,634

Employee Health Benefits

$ 1,314,032,148 $ 34,000,000

Health Planning

$ 2,010,769 $ 1,822,015

Georgia Board for Physician Workforce $ 39,189,015 $ 39,189,015

Board of Medical Examiners

$ 1,841,346 $ 1,841,346

Medical Education Board

$ 1,461,177 $ 1,461,177

Primary and Rural Health

$ 6,437,651 $ 6,043,354

Total

$ 5,168,098,392 $1,397,869,968

514______GENERAL ACTS AND RESOLUTIONS, VOL. I________

B. Budget Unit: State Funds - Indigent Trust Fund Per Diem, Fees and Contracts Benefits
Total Funds Budgeted State Funds Budgeted
C. Budget Unit: PeachCare for Kids
State Funds Tobacco Funds 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. State Funds - Administration, Institutions
and Probation Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem, Fees and Contracts Capital Outlay Utilities Court Costs County Subsidy County Subsidy for Jails County Workcamp Construction Grants Central Repair Fund Payments to Central State Hospital for Meals Payments to Central State Hospital for

$ 148,828,880 $ 8,200,000 $ 360,067,504
$ 368,267,504 $ 148,828,880

$ 28,544,840

$ 2,756,037

$

363,061

$

120,254

$

50,000

$

0

$

1,155

$

250,000

$

0

$

12,350

$ 5,325,376

$ 105,599,468 $ 111,721,664 $ 2,756,037 $ 28,544,840

$ 882,706,600

$ 567,562,576

$ 65,759,791

$ 2,642,109

$ 1,316,670

$ 3.625J75

$ 5,933,316

$ 6,909,819

$ 7,838,571

$ 66,159,707

$

248,000

$ 23,954,905

$ 1,300,000

$ 31,587,595

$ 5,550,695

$

0

$ 1,093,624

$ 4,568,025

GEORGIA LAWS 2001 SESSION

515

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 DO AS Funding
State Funds Budgeted Departmental Functional Budgets

Executive Operations

$

Administration

$

Human Resources

$

Field Probation

$

Facilities

$

Total

S

$ 1,627,150

$

577,160

$ 1,527,120

$ 103,961,852

$

438,944

$

856,000

$ 905,039,404

$

450,000

$ 882,706,600

Total Funds 30,746,214 $ 26,700,008 $ 129,505,387 $ 67,675,854 $ 650,411,941 $
905,039,404 $

State Funds 29,939,214 26,700,008 121,041,178 67,627,854 637,398,346
882,706,600

Section 10. Department of Defense.

State Funds

$

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

S

State Funds Budgeted

$

Departmental Functional Budgets

Total Funds

Office of the Adjutant General

$ 2,401,954 $

Georgia Air National Guard Georgia Army National Guard

$ 6,181,344 $ $ 24,461,038 $

Total

$ 33,044,336 $

8,245,850 14,564,948 16,204,308
91,951 0
46,615 137,163 44,010 1,021,511 933,830
0 33,044,336
8,245,850
State Funds 2,101,288 731,144 5,413,418 8,245,850

Section 11. State Board of Education A. Budget Unit: Department of Education State Funds Tobacco Funds

S 5,608,692,474 $ 30,000,000

516______GENERAL ACTS AND RESOLUTIONS, VOL. I_______

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 Grades4-8 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 Five Mill Share M id-Term Adj ustment 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)

$ 41,505,662

$ 8,292,824

$ 1,620,426

$

207,000

$

393,972

$ 1,643,484

$ 76,212,989

$ 17,230,761

$ 2,455,803

$

800,452

$

161,600

$ 1,552,419,232 $1,298,553,037 $ 675,565,846 $ 38,351,788 $ 61,298,842 $ 173,931,719 $ 610,533,308 $ 117,053,487 $ 66,770,363

$ 38,583,203

$ 145,302,703

$ 826,962,327

$ 164,594,503

$ (931,728,915)

$ 113,25 8,3 81

$

0

$ 222,603,372

$ 3,158,000

$

620,134

$

500,000

$ 4,340,000

$ 49,509,799

$ 27,650,639

$

293,520

$ 236,086,129 $ 4,025,312 $ 133,835,313 $ 5,508,750

GEORGIA LAWS 2001 SESSION

517

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 - Middle School

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

Georgia Learning Resources System

Special Education at 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

State Administration

3

Student Learning and Assessment

3

Governor's Honors Program

3

$ 1,900,000

$

756,500

$ 188,375,722

$

267,333

$

961,413

$ 12,492,000

$ 15,509,931

$ 20,872,540

$ 1,250,000

$

151,000

$ 2,309,000

$ 1,042,976

$ 11,625,943

$ 36,143,488

$

500,000

$ 7,236,638

$ 3,261,446

$ 57,092,685

$ 25,793,090

$ 107,826,070

$ 4,539,410

$ 1,690,215

$ 7,466,425

$

274,395

$ 11,474,763

$ 61,982,014

$ 3,827,248

$ 3,884,639

$ 2,077,344

$ 1,087,500

$

111,930

$ 6,018,289

$

350,000

$

623,580

$

0

$ 5,967,000

$ 30,000,000

$ 6,426,848,292

$

0

$ 30,000,000

$ 5,608,692,474

Total Funds State Funds

12,850,123 $ 10,168,516

64,806,907 $ 49,483,645

1,368,652 $ 1,291,063

518______GENERAL ACTS AND RESOLUTIONS, VOL. I

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

$ 16,272,344 $ 10,798,877

$ 9,887,037 $

544,407

$ 26,985,960 $ 18,061,574

$ 6,276,723,319 $5,531,828,394

$ 6,087,661 $ 5,545,787

$ 5,442,266 $ 5,058,609

$ 6,424,023 $ 5,911,602

S 6,426,848,292 $ 5,638,692,474

B. Budget Unit: Lottery for Education Computers in the Classroom Distance Learning - Satellite Dishes Post Secondary Options Educational Technology Centers Assistive Technology Applied Technology Labs Financial and Management Equipment Alternative Programs Fort Discovery National Science Center Capital Outlay 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

$ 157,441,836 $ 29,485,875

$

0

$ 4,500,000

$

0

$

0

$ 1,710,000

$

0

$

0

$

135,000

$ 121,610,961

$

0

$

0

$ 157,441,836

$ 157,441,836

S 1,269,256

$ 221,444,380

$ 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

$ 364,438,939

$ 228,895,928

$ 1,269,256

____________GEORGIA LAWS 2001 SESSION__________519

Section 12. Employees' Retirement System.
State Funds 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

$ 2,992,000 $ 2,872,542

$

488,800

$

29,000

$

0

$

12,450

$ 1,269,708

$

345,740

$

82,002

$ 2,807,000

$ 2,992,000

$ 10,899,242

$ 2,992,000

Section 13. Forestry Commission.

State Funds

S

Personal Services

$

Regular Operating Expenses

$

Travel

$

Motor Vehicle Purchases

$

Equipment

$

Computer Charges

$

Real Estate Rentals

$

Telecommunications

$

Per Diem, Fees and Contracts

$

Ware County Grant

$

Ware County Grant for Southern Forest

World

$

Ware County Grant for Road Maintenance

$

Capital Outlay

$

Total Funds Budgeted

S

State Funds Budgeted

$

Departmental Functional Budgets

Total Funds

Reforestation

$ 2,167,586 $

Field Services

$ 36,886,568 $

General Administration and Support

$ 3,939,592 $

Total

$ 42,993,746 $

37,628,116 30,824,082 6,007,411
179,793 1,296,822 2,091,933
358,525 7,736
1,091,041 1,047,903
60,000
28,500 0 0
42,993,746 37,628,116
State Funds 0
33,856,679 3,771,437 37,628,116

Section 14. Georgia Bureau of Investigation.
State Funds Personal Services Regular Operating Expenses Travel

$ 64,841,479

$ 46,956,683

$ 7,495,335

$

531,177

520______GENERAL ACTS AND RESOLUTIONS, VOL. I________

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

Administration

$ 5,169,256 $

Investigative

$ 27,840,349 $

Georgia Crime Information Center

$ 11,259,852 $

Forensic Sciences

$ 20,572,022 $

Total

$ 64,841,479 $

437,010 1,659,395 1,089,678
418,425 1,073,667 4,756,442
423,667 0
64,841,479 64,841,479
State Funds 5,169,256
27,840,349 11,259,852 20,572,022 64,841,479

Section 15. Office of the Governor.
State Funds 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

S 52,559,276

$ 20,803,428

$ 2,653,219

$

383,185

$

0

$

156,741

$

516,375

$ 1,396,516

$

626,440

$ 7,821,558

$ 4,670,081

$

40,000

$ 13,568,372

$

408,595

$ 4,347,581

$

274,194

$

275,000

$

0

$

250,000

$ 1,697,750

$ 1,500,000

$

684,400

$ 1,085,000

$

0

$

57,000

$

0

$

0

GEORGIA LAWS 2001 SESSION

521

Total Funds Budgeted

$

State Funds Budgeted

$

Departmental Functional Budgets

Total Funds

Governor's Office

$ 18,687,048 $

Office of Equal Opportunity

$ 1,151,969 $

Office of Planning and Budget

$ 10,571,462 $

Council for the Arts

$ 5,583,176 $

Office of Consumer Affairs

$ 4,916,242 $

Georgia Information Technology Policy

Council

$

0$

Criminal Justice Coordinating Council

$ 3,643,138 S

Children and Youth Coordinating Council $ 2,528,990 $

Human Relations Commission

$

530,358 $

Professional Standards Commission

$ 5,658,618 $

Georgia Emergency Management Agency $ 7,019,434 $

Office of Child Advocate

$

300,000 $

Office of Education Accountability

$ 2,625,000 $

Total

$ 63,215,435 S

63,215,435 52,559,276
State Funds 18,637,048
848,998 10,571,462 4,885,331 4,718,242
0 395,162 606,990 530,358 5,658,618 2,782,067 300,000 2,625,000 52,559,276

Section 16. Department of Human Resources.
State Funds Tobacco Funds 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

$ 1,281,806,053 $ 37,102,837

$ 80,222,927

$ 3,070,801

$ 2,212,440

$

0

$

167,457

$ 4,559,125

$ 15,185,233

$ 58,845,529

$ 16,157,417

$

0

$ 49,063,157

$ 74,577,470

c^

163,451

<J>P

823,383

<?
&

29,607,957

1,925,000

$

0

S 336,581,347 $ 3,982,840

$ 8,211,528

522

GENERAL ACTS AND RESOLUTIONS, VOL. I

State Funds Budgeted

$

Departmental Functional Budgets

Total Funds

Commissioner's Office

$ 1,109,629 $

Office of Planning and Budget Services $ 4,421,831 $

Office of Adoptions

$ 12,609,767 $

Children's Community Based Initiative

$ 10,506,906 $

Troubled Children's Placements

$ 49,063,157 $

Human Resources and Organization

Development

$ 1,389,990 $

Technology and Support

$ 33,831,966 $

Computer Services

$ 75,441,963 $

Facilities Management

$ 5,462,443 $

Regulatory Services - Program Direction

and Support

$

714,862 $

Child Care Licensing

$ 3,428,310 $

Health Care Facilities Regulation

$ 11,284,372 $

Fraud and Abuse

$ 6,847,859 $

Office of Financial Services

S 9,994,788 $

Office of Audits

$ 2,931,715 $

Human Resource Management

$ 7,259,938 $

Transportation Services

$ 12,915,452 $

Indirect Cost

$

0$

Policy and Government Services

$ 1,327,486 $

Aging Services

$ 84,443,581 $

DDSA Council

$ 1,595,332 $

Total

$ 336,581,347 $

2. Public Health Budget:

Personal Services

$

Regular Operating Expenses

Travel

Motor Vehicle Purchases

Equipment

c
4>

Real Estate Rentals

c
4>

Per Diem, Fees and Contracts

*C
4>

Computer Charges

$

Telecommunications

$

Special Purpose Contracts

$

Purchase of Service Contracts

$

Grant-In-Aid to Counties

$

Major Maintenance and Construction

$

Postage

$

Medical Benefits

$

Total Funds Budgeted

$

Indirect DOAS Services Funding

$

Tobacco Funds Budgeted

S

190,496,940
State Funds 1,109,629 4,421,831 6,618,946
10,231,906 35,585,726
1,389,990 33,489,567 32,770,050
4,162,410
704,862 3,401,741 5,474,974 2,301,122 5,615,155 2,931,715 7,259,938 3,136,841 (16,637,451) 1,327,486 53,394,193
17,837 198,708,468
52,520,153 77,894,814
942,113 0
195,367 1,509,862 14,286,098
0 1,052,180
574,000 23,202,591 155,026,313
0 190,927 5,222,222 332,616,640 324,160 23,135,201

GEORGIA LAWS 2001 SESSION

523

State Funds Budgeted Departmental Functional Budgets

District Health Administration

$

Newborn Follow-Up Care

$

Oral Health

$

Stroke and Heart Attack Prevention

$

Sickle Cell, Vision and Hearing

$

High-Risk Pregnant Women and Infants $

Sexually Transmitted Diseases

$

Family Planning

$

Women, Infants and Children Nutrition $

Grant in Aid to Counties

$

Children's Medical Services

$

Emergency Health

$

Primary Health Care

$

Epidemiology

$

Immunization

$

Community Tuberculosis Control

$

Family Health Management

$

Infant and Child Health

$

Maternal Health - Perinatal

$

Chronic Disease

$

Diabetes

$

Cancer Control

$

Director's Office

$

Vital Records

$

Health Services Research

$

Environmental Health

$

Laboratory Services

$

Community Health Management

$

AIDS

$

Drug and Clinic Supplies

$

Adolescent Health

$

Public Health - Planning Councils

$

Early Intervention

$

Smoking Prevention and Cessation

$

Injury Control

$

Public Health - Division Indirect Cost

$

Total

S

3. Budget Unit: Division Of Rehabilitation

Services

Personal Services

Regular Operating Expenses

Travel

Motor Vehicle Purchases

$
Total Funds 13,216,105 $
1,305,211 $ 2,749,155 $ 2,036,524 $ 6,657,164 $ 5,423,901 $ 3,189,205 $ 13,998,499 $ 84,557,361 $ 73,752,577 $ 13,168,451 $ 4,072,839 $
428,060 $ 2,164,928 $ 1,629,400 $ 5,782,846 $ 1,925,492 $
976,593 $ 2,841,919 $ 1,567,494 $
163,524 $ 7,462,500 $ 2,517,143 $ 2,056,339 $
643,228 $ 2,033,322 $ 7,331,823 $
202,226 $ 16,544,508 $ 10,713,458 $ 12,531,753 $
115,041 $ 12,858,217 $ 15,312,890 $
686,944 $ 0$
332,616,640 $

166,500,151
State Funds 13,089,170
1,091,380 2,423,980
923,912 5,890,345 5,423,901 1,031,192 5,987,183
0 72,828,928
6,338,939 2,629,491
326,832 1,673,286
0 4,274,329 1,076,537
767,742 1,199,699 1,567,494
163,524 7,462,500 2,239,550 1,789,476
643,228 1,501,847 7,061,823
202,226 9,854,829 2,640,380 2,933,885
97,544 10,367,903 15,312,890
544,306 (1,724,899) 189,635,352
87,939,589 12,168,243
1,814,584 50,582

524

GENERAL ACTS AND RESOLUTIONS, VOL.

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

Vocational Rehabilitation Services

$

Independent Living

$

Employability Services

$

Community Facilities

$

Program Direction and Support

$

Grants Management

$

Disability Adjudication

$

Georgia Factory for Blind

$

Roosevelt Warm Springs Institute

$

Total

$

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

$ 2,133,277

$ 5,370,911

$ 11,489,353

$

302,541

$ 2,491,137

$ 41,304,191

$

945,245

<T 4>

12,435,883

$

305,000

$

909,650

$

747,878

$ 180,408,064

$

100,000

$ 27,411,325

Total Funds 69,950,705
973,949 $ 511,903 $ 10,778,695 $ 2,034,196 $ 934,540 $ 54,148,315 $ 12,248,139 $ 28,827,622 $
180,408,064 $

State Funds 13,793,006
458,969 511,903 3,158,205 608,421 934,540
0 1,191,899 6,754,382
27,411,325

$ 24,103,150

$ 3,851,014

$

993,807

$

0

$

542,213

$ 3,695,697

$ 30,733,524

$

0

$ 1,596,679

$ 4,728,038

$ 124,425,510

oT> 7,087,433

C4> 325,768,802 c4> 37,526,463

C4> 3,870,136

$ 377,708,829

$ 946,631,295

$

0

$ 3,341,218

GEORGIA LAWS 2001 SESSION

525

State Funds Budgeted Departmental Functional Budgets

Director's Office

$

Social Services

$

Administrative Support

$

Quality Assurance

$

Community Services

$

Field Management

$

Human Resources Management

$

Economic Support

$

Child Support Enforcement

$

Temporary Assistance for Needy Families $

SS1 - Supplemental Benefits

$

Refugee Programs

$

Energy Benefits

$

County DFACS Operations - Eligibility $

County DFACS Operations - Social Services $

Food Stamp Issuance

$

County DFACS Operations - Homemakers

Services

$

County DFACS Operations - Joint and

Administration

$

County DFACS Operations - 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

$

Child Day Care

$

Special Projects

$

Children's Trust Fund

$

Indirect Cost

$

Total

S

5. Community Mental Health/Mental

Retardation and Institutions:

Personal Services

Operating Expenses

Motor Vehicle Equipment Purchases

Utilities

Major Maintenance and Construction

$ 385,897,909

Total Funds
1,141,802 $ 5,154,155 $ 4,743,479 $
3,905,620 $
13,967,852 $ 2,460,085 $ 2,789,549 $ 3,801,931 $ 44,614,931 $ 114,134,948 $ 1,122,012 $ 2,795,420 $ 7,223,130 $ 124,602,963 $ 116,557,469 $ 3,190,752 $

State Funds 1,141,802 4,642,114 2,757,650 3,905,620 1,791,369 2,460,085 1,783,758 3,801,931 5,488,958
48,247,444 1,122,012 0 0
60,017,286 45,979,087
0

9,102,536 $ 2,983,382

74,173,127' $ 37,757,959

27,151,950 $ 10,576,743

26,395,784 $ 45,418,684 $ 4,290,503 $ 40,715,074 $ 21,740,976 $
7,849,656 $ 36,881,820 $ 17,244,504 04>
174,820,622 C4>
3,911,923 $ 4,728,038 $
0$ 946,631,295 $

9,463,311 15,861,742 2,520,990 27,064,980 13,498,975 4,891,413 22,122,444 10,431,388 51,686,937 3,871,923 4,728,038 (11,360,214) 389,239,127

$ 286,885,148

$ 56,534,028

$

200,000

$ 9,483,000

$ 1,991,161

526

GENERAL ACTS AND RESOLUTIONS, VOL. I

Community Services
Total Funds Budgeted Indirect DOAS Services Funding
Tobacco Funds Budgeted
State Funds Budgeted Departmental Functional Budgets

Southwestern State Hospital

$

Augusta Regional Hospital

$

Northwest Regional Hospital at Rome

$

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

$

Community Mental Health Services

$

Community Mental Retardation Services $

Community Substance Abuse Services

$

Program Direction and Support

$

Regional Offices

$

Total

S

Budget Unit Object Classes:

Personal Services

Regular Operating Expenses

Travel

Motor Vehicle Purchases

Equipment

Real Estate Rentals

Per Diem, Fees and Contracts

Computer Charges

Telecommunications

Operating Expenses

Community Services

Case Services

Children's Trust Fund

Cash Benefits

Special Purpose Contracts

Service Benefits for Children

Purchase of Service Contracts

Grant-In-Aid to Counties

Major Maintenance and Construction

Utilities

Postage

Payments to DCH-Medicaid Benefits

Grants to County DFACS - Operations

$ 374,573,416
$ 729,666,753 $ 1,406,400 $ 2,414,890
$ 511,499,728

Total Funds

32,772,718 $

17,026,758 $

28,267,529

(T J>

40,282,598 $

118,486,543 $

17,815,505 $

52,823,773 $

19,892,370 $

4,159,987 $

185,338,609 $

95,636,003 $

95,557,636 $

14,438,057 $

7,168,667 $

729,666,753 S

State Funds 19,133,691 14,640,064 18,803,861 31,128,813 71,608,491 16,451,180 23,664,972 17,700,753 3,220,417 178,127,285 60,284,524 44,208,468 9,111,659 5,830,440
513,914,618

$ 531,670,967 $ 96,984,872

$ 5,962,944

$

250,582

$ 3,038,314

$ 15,135,595

$ 71,694,208

$ 59,148,070

$ 21,297,413

$ 56,534,028

<C
4>

374,573,416

$ 41,304,191

$ 4,728,038

$ 124,425,510

$ 8,606,678

<c
4>

374,831,959

$ 147,742,407

$ 155,026,313

$ 2,459,612

$ 10,392,650

$ 5,632,324

$ 29,607,957

$ 379,633,829

GEORGIA LAWS 2001 SESSION

527

Medical Benefits Total Funds Budgeted
Indirect DOAS Services Funding Tobacco Funds Budgeted
State Funds Budgeted

$ 5,222,222 $ 2,525,904,099 $ 5,813,400 $ 37,102,837
$ 1,281,806,053

Section 17. Department of Industry, Trade

and Tourism.

State Funds

$

Tobacco Funds

S

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

S

Departmental Functional Budgets

Total Funds

Administration

S 95,006,259 $

Economic Development

3 6,695,733 $

Trade

S 3,920,556 $

Tourism

3 4,318,500 $

Georgia Legacy

5

0$

Strategic Planning and Research

3

0$

One Georgia Fund

S

0$

Total

3 109,941,048 S

29,987,419 79,953,629 12,598,152
1,311,323 605,806 60,000 93,724 391,336 818,323 422,215
1,561,387 250,600
11,824,553 0 0
50,000 0 0
79,953,629
109,941,048 79,953,629
29,987,419
State Funds 95,006,259 6,695,733 3,920,556 4,318,500
0 0 0 109,941,048

Section 18. Department of Insurance.
State Funds Personal Services Regular Operating Expenses Travel

15,650,323 14,435,404
725,179 435,414

528

GENERAL ACTS AND RESOLUTIONS, VOL. I

Motor Vehicle Purchases

$

Equipment

$

Computer Charges

$

Real Estate Rentals

$

Telecommunications

$

Per Diem, Fees and Contracts

$

Health Care Utilization Review

$

Total Funds Budgeted

S

State Funds Budgeted

S

Departmental Functional Budgets

Total Funds

Internal Administration

$ 5,344,775 $

Insurance Regulation

$ 5,623,324 $

Industrial Loans Regulation

$

517,024 $

Fire Safety and Mobile Home Regulations $ 5,433,970 $

Special Insurance Fraud Fund

$

515,716 $

Total

$ 17,434,809 $

185,100 42,327 313,272 796,248 405,207 96,658
0 17,434,809 15,650,323
State Funds 5,344,775 5,623,324 517,024 3,649,484 515,716 15,650,323

Section 19. Department of Juvenile Justice.
State Funds Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem, Fees and Contracts Utilities Institutional Repairs and Maintenance Grants to County-Owned Detention Centers Service Benefits for Children Purchase of Service Contracts Capital Outlay Juvenile Justice Reserve
Total Funds Budgeted
State Funds Budgeted Departmental Functional Budgets

Regional Youth Development Centers

$

Youth Development Centers

$

YDC Purchased Services

$

Court Services

$

Day Centers

$

Group Homes

$

$ 269,049,715

$ 163,243,160

$ 16,853,316

$ 2,221,462

$

228,444

$ 1,045,874

<3> 3,000,496

$ 2,377,856

$ 2,128,857

$ 14,522,054

$ 3,490,764

$

697,800

0

33,410,003

$ 32,373,21 0

$

0

$

0

$ 275,593,296

$ 269,049,715

Total Funds 64,863,090 $ 85,032,932 $ 27,230,680 $ 27,870,457 $
527,095 $ 1,203,970 $

State Funds 63,359,130 82,438,578 26,491,282 27,407,962
527,095 1,203,970

GEORGIA LAWS 2001 SESSION

529

CYS Purchased Services Law Enforcement Office Assessment and Classification Multi-Service Centers Youth Services Administration Office of Training
Total

$ 40,616,737 ^c 39,483,961

$ 2 ,015 ,777 $ 2,015,777

$

740,493 $

740,493

$ 4,056,561 $ 3,966,561

$ 18,335 ,067 $ 18,314,469

$ 3 ,100,437 $ 3,100,437

$ 275,593,296 $ 269,049,715

Section 20. Department of Labor.
State Funds Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem, Fees and Contracts (JTPA) Per Diem, Fees and Contracts W.I.N. Grants Payments to State Treasury Capital Outlay
Total Funds Budgeted State Funds Budgeted

14,885,389 88,441,273
7,355,346 1,444,617
0 1,148,245 2,350,550 2,477,791 2,040,140 54,500,000 4,243,299
0 1,287,478
0
165,288,739 14,885,389

Section 21. Department of Law.
State Funds Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem, Fees and Contracts Books for State Library
Total Funds Budgeted State Funds Budgeted

15,398,545 14,679,711
724,211 199,322
0 14,375 304,337 825,793 196,787 19,500,000 147,000
36,591,536 15,398,545

Section 22. Merit System of Personnel Administration.
State Funds Personal Services Regular Operating Expenses

0 7,495,132
985,269

530______GENERAL ACTS AND RESOLUTIONS, VOL. 1_______

Travel Equipment Real Estate Rents Per Diem, Fees and Contracts Computer Charges Telecommunications
Total Funds Budgeted Federal Funds
Other Agency Funds Agency Assessments Deferred Compensation
State Funds Budgeted

$ 95,263

$ 23,127

$ 767,856

$ 1,220,574

$ 2,124,165

$ 214,277

$ 12,925,663

$

0

$ 1,172,184

$ 11,240,106

$ 513,373

$

0

Section 23. Depa rtment of Natu ral Resou rces A. Budget Unit: Department of Natural Resources
State Funds Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Real Estate Rentals Per Diem, Fees and Contracts Computer Charges Telecommunications Authority Lease Rentals Advertising and Promotion Cost of Material for Resale Capital Outlay: New Construction Repairs and Maintenance Land Acquisition Support Wildlife Management Area Land Acquisition Shop Stock - Parks User Fee Enhancements Buoy Maintenance Waterfowl Habitat Paving at State Parks and Historic Sites Grants: Land and Water Conservation Georgia Heritage 2000 Grants Recreation Chattahoochee River Basin Grants Contracts: Paralympic Games

$155,728,461

$ 84,166,552

$ 14,779,005

$ 719,083

$ 1,626,889

$ 3,066,198

$ 2,691,333

$ 14,479,333

$ 893,428

$ 1,382,299

$

0

$ 675,000

$ 1,326,056

$ 1,185,176

$ 3,161,663

$ 243,750

$ 982,330

$ 350,000

$ 1,300,000

$ 74,250

$

0

$ 500,000

$ 800,000

$ 341,000

$

0

$

0

$

0

____________GEORGIA LAWS 2001 SESSION__________531

Technical Assistance Contract

$

0

Corps of Engineers (Cold Water Creek State

Park)

$ 170,047

Georgia State Games Commission

$ 212,646

U. S. Geological Survey for Ground Water

Resources

$ 300,000

U.S. Geological Survey for Topographic

Mapping

$

0

Payments to Civil War Commission

$ 266,000

Hazardous Waste Trust Fund

$ 14,245,022

Solid Waste Trust Fund

$ 6,685,603

Wildlife Endowment Fund

$ 1,179,200

Payments to Georgia Agricultural Exposition

Authority

$ 2,107,309

Payments to Mclntosh County

$ 100,000

Payments to Baker County

$ 31,000

Payments to Calhoun County

$ 24,000

Georgia Regional Transportation Authority

$

0

Community Green Space Grants

$ 30,000,000

Total Funds Budgeted

$ 190,064,172

Receipts from Jekyll Island State Park

Authority

$ 840,190

Receipts from Stone Mountain Memorial

Association

$

0

Receipts from Lake Lanier Islands

Development Authority

$ 1,331,931

Receipts from North Georgia Mountain

Authority

$ 1,434,982

Indirect DOAS Funding

$ 200,000

State Funds Budgeted

$155,728,461

Departmental Functional Budgets

Total Funds State Funds

Commissioner's Office

$ 35,990,605 $ 35,975,605

Program Support

$ 6,179,502 $ 6,179,502

Historic Preservation

$ 3,303,089 $ 2,813,089

Parks, Recreation and Historic Sites

$ 40,655,414 $ 22,518,974

Coastal Resources

$ 2,551,631 $ 2,380,769

Wildlife Resources

$ 40,094,868 $ 34,782,897

Environmental Protection

$ 60,452,006 $ 50,240,568

Pollution Prevention Assistance

$

837,057 $ 837,057

Total

$ 190,064,172 $155,728,461

B. Budget Unit: State Funds - Georgia

Agricultural Exposition Authority

$

0

Personal Services

$ 3,126,228

Regular Operating Expenses

$ 2,024,181

Travel

$ 25,000

532

GENERAL ACTS AND RESOLUTIONS, VOL. I

Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunic Per Diem, Fees and Contracts Capital Outlay
Total Funds Budgeted State Funds Budgeted Departmental Functional Budgets
Georgia Agricultural Exposition Authority $

10,000
95,000 15,000
0 80,000 840,000
0 6,215,409
0

Total Funds State Funds

6,215,409 S

0

Section 24. State Board of Pardons and Parole.
State Funds Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem, Fees and Contracts County Jail Subsidy Health Services Purchases
Total Funds Budgeted
State Funds Budgeted
Section 25. Department of Public Safety. A. Budget Unit: Department of Public Safety
State Funds 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

$ 50,253,029 $ 40,029,564 $ 1,697,625 $ 530,000 $ 230,199 $ 190,000 $ 591,200 $ 3,148,958 $ 1,065,000 $ 2,014,983 $ 735,500 $ 20,000
$ 50,253,029
$ 50,253,029

$113,115,775

$ 68,071,239

$ 9,541,257

$ 181,036

$ 4,632,350

$ 411,690

$ 3,169,210

26,462

2,758,147

$ 1,329,300

277,100

$

0

0

GEORGIA LAWS 2001 SESSION

533

Total Funds Budgeted Indirect DOAS Service Funding
State Funds Budgeted 2. Driver Services Budget:
Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem, Fees and Contracts Capital Outlay Conviction Reports State Patrol Posts Repairs and Maintenance Driver License Processing
Total Funds Budgeted Indirect DOAS Service Funding
State Funds Budgeted Departmental Functional Budgets

Administration

$

Driver Services

$

Field Operations

$

Total

$

B. Budget Unit: State Funds - 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

Office of Highway Safety

$

S 90,397,791 $ 1,650,000
S 88,747,791

S 19,721,181

$ 1,112,113

$ 20,000

$

0

$ 62,343

$

0

$ 47,262

$ 273,300

$ 59,000

$

0

$ 303,651

$ 34,900

$ 2,734,234

$ 24,367,984

$

0

S 24,367,984

Total Funds State Funds 23,536,229 $ 22,036,229 24,367,984 $ 24,367,984 66,861,562 $ 66,711,562
114,765,775 $113,115,775

$ 16,326,962

$ 9,793,164 $ 2,693,486 $ 103,389 $ 62,020 $ 197,746 $ 244,185 $ 323,927 $ 306,573 $ 437,062 $ 2,425,200 $ 3,203,908 $ 750,000 $ 20,540,660
$ 16,326,962
Total Funds State Funds 3,556,781 $ 617,083

534

GENERAL ACTS AND RESOLUTIONS. VOL. I

Georgia Peace Officers Standards and Trainings

Police Academy

$

Fire Academy

$

Georgia Firelighters Standards and Training

Council

$

Georgia Public Safety Training Facility

$

Total

$

1,594,540 $ 1,594,540 1,216,022 $ 1,126,022 1,703,988 $ 1,593,988
485,161 $ 485,161 11,984,168 $ 10,910,168 20,540,660 $ 16,326,962

Section 26. Public School Employees' Retirement System.
State Funds 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.
State Funds 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

Administration

$

Transportation

$

Utilities

$

Total

$

9,847,341 9,024,706
594,856 263,062 207,184 61,236 378,286 439,157 220,072 $ 1,503,791 $ 12,692,350 $ 9,847,341
Total Funds State Funds 3,123,562 $ 3,123,562 4,332,877 $ 1,761,479 5,235,911 $ 4,962,600 12,692,350 $ 9,847,341

Section 28. Board of Regents. University System of Georgia.
A. Budget Unit: Resident Instruction
State Funds Tobacco Funds Personal Services:
Educ., Gen., and Dept. Svcs Sponsored Operations Operating Expenses: Educ., Gen., and Dept. Svcs

$1,495,604,010 $ 37,099,895
$ 1,603,596,600 $ 256,440,564
$ 408,265,896

GEORGIA LAWS 2001 SESSION
Sponsored Operations Special Funding Initiative Office of Minority Business Enterprise Student Education Enrichment Program Forestry Research Research Consortium Capital Outlay
Total Funds Budgeted Departmental Income
Sponsored Income Other Funds
Indirect DOAS Services Funding Tobacco Funds Budgeted State Funds Budgeted
B. Budget Unit: State Funds - 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 Agricultural Research Advanced Technology Development Center/ Economic Development Institute Seed Capital Fund - ATDC Capital Outlay Center for Rehabilitation Technology SREB Payments Regents Opportunity Grants 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

535
740,373,595 $ 54,329,707
1,147,473 370,842
1,009,322 75,346,785 $ 61,536,797 $3,202,417,581 $ 116,021,107 996,814,158 553,838,911 3,039,500 37,099,895 $1,495,604,010

$ 251,860,362

$ 129,035,253 $ 65,746,167

$ 90,776,579 $ 225,355,657 $ 2,784,785

$ 22,137,323

$

0

$ 1,298,000

$ 6,304,720

$ 1,379,525

$ 600,000

$ 1,390,021

$

0

$ 22,316,428 $ 32,375,807 $ 30,000,000 $ 631,500,265 $ 7,633,100 $ 301,016,038 $ 70,447,265 $ 543,500
$ 251,860,362

536

GENERAL ACTS AND RESOLUTIONS, VOL. I

Regents Central Office and Other

Organized Activities

Total Funds State Funds

Marine Resources Extension Center

$ 2,516,306 $ 1,646,559

Skidaway Institute of Oceanography

$ 5 ,204,604 $ 1,853,484

Marine Institute

$ 1 ,878,491 $ 1,110,858

Georgia Tech Research Institute

$ 112,348,319 $ 10,248,495

Advanced Technology Development Center/

Economic Development Institute

$ 22 ,137,323 *j>R

$ Agricultural Experiment Station

$ 74,490,974

$ Cooperative Extension Service

$ 60,527,405

$ Medical College ofGeorgia Hospital and ClinicsS 230,375,431

Veterinary Medicine Experiment Station Veterinary Medicine Teaching Hospital Georgia Radiation Therapy Center Athens and Tifton Veterinary Laboratories

$ $ $ $

$ 3 ,569,225 $ 5,353 ,607 $ 3 ,625 ,810 $ 3,443 ,781

9,530,323 46,350,255 37,511,168 35,961,155
3,569,225 576,097 0 89,811

Regents Central Office Public Libraries State Data Center
Total

$ $

35,301,089 35 ,628 ,283

$J<>c

$ 35,099,617 $

$ 631 ,500,265 $

35,194,240 33,119,075 35,099,617
251,860,362

C. Budget Unit: State Funds - Georgia Public Telecommunications Commission

$

0

Personal Services Operating Expenses General Programming Distance Learning Programming

CJ> 10,661,987
$ 14,875,994 $ 4,040,278 $ 4,855,685

Total Funds Budgeted

S 34,433,944

Other Funds

$ 34,433,944

State Funds Budgeted

$

0

D. Budget Unit: Lottery for Education

S 54,626,222

Equipment, Technology and Construction Trust Fund

$ 15,000,000

Georgia Public Telecommunications Commission Internet Connection Initiative Special Funding Initiatives Technology Equipment Initiative

$ 4,371,000 $ 1,500,000 $ 7,466,000 $ 3,579,222

Equipment - Public Libraries Student Information System Educational Technology Center
Total Funds Budgeted Lottery Funds Budgeted

800,000
$ 20,000,000 $ 1,910,000 $ 54,626,222 $ 54,626,222

Section 29. Department of Revenue. State Funds Tobacco Funds

S 303,662,287

$

250,000

GEORGIA LAWS 2001 SESSION

537

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 PICA

$

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

$

Tobacco Funds Budgeted

$

State Funds Budgeted

S

Departmental Functional Budgets

Departmental Administration

Total Funds

$

29,475,650

J>

Internal Administration

$ 8,570,473 CJ>

Information Systems

$ 15,134,364 CJ>

Compliance Division

$ 24,379,893 3C>

Income Tax Unit

$ 8,893,616 $

Motor Vehicle Unit

$ 35,396,721 $

Property Tax Unit

$ 170,504,262 $

Sales Tax Unit

$ 5,672,039 $

State Board of Equalization

$

20,000 $

Taxpayer Accounting

$ 8,002,255 $

Alcohol and Tobacco

$ 3,241,469 $

Total

S 309,290,742 S

69,528,319 11,119,243
1,207,821 375,243 910,924
29,133,469 2,991,514 3,760,736 2,252,450 4,272,795 0 9,027,550 3,738,010 4,972,668
166,000,000 309,290,742
3,845,000 250,000
303,662,287
State Funds 29,475,650
8,420,473 14,119,164 24,239,893 8,593,616 34,096,721 168,970,807 5,572,039
20,000 7,162,455 3,241,469 303,912,287

Section 30. Secretary of State. A. Budget Unit: Secretary of State
State Funds Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases
Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem, Fees and Contracts

$ 33,785,597 $ 18,793,954

oC> 3,236,861

CJ>

234,150

$

191,357

$

69,986

C
4>

3,108,446

$ 3,005,529

$

851,920

$ 1,684,856

538

GENERAL ACTS AND RESOLUTIONS, VOL.

Election Expenses

$

Capital Outlay

$

Total Funds Budgeted

$

State Funds Budgeted

$

Departmental Functional Budgets

Total Funds

Internal Administration

$ 4,816,489 $

Archives and Records

$ 5,109,479 $

Business Services - Corporations

$ 2,532,021 $

Business Services - Securities

$ 2,312,818 $

Elections and Campaign Disclosure

$ 4,996,638 $

Drugs and Narcotics

$ 1,353,596 $

State Ethics Commission

$ 588,821 $

State Examining Boards

$ 12,872,840 $

Holocaust Commission

$ 247,895 $

Total

$ 34,830,597 S

640,900 3,012,638 34,830,597 33,785,597
State Funds 4,786,489 5,034,479 1,812,021 2,262,818 4,976,638 1,353,596 588,821 12,722,840 247,895 33,785,597

B. Budget Unit: State Funds - 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

$

Departmental Functional Budgets

Real Estate Commission

State Funds $ 2,336,433 $

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
Cost of Operations 2,376,433

Section 31. Soil and Water Conservation Commission.
State Funds Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications

$ 2,823,699

$ 1,601,926

$

320,900

$

40,515

$

124,741

$

20,033

$

12,128

$

123,852

$

27,195

____________GEORGIA LAWS 2001 SESSION__________539

Per Diem, Fees and Contracts County Conservation Grants Capital Outlay
Total Funds Budgeted State Funds Budgeted

$ 1,055,702

$

87,000

$

330,000

$ 3,743,992

$ 2,823,699

Section 32. Student Finance Commission.

A. Budget Unit: Student Finance Commission

State Funds

S

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

$

Paul Douglas Teacher Scholarship Loans

$

Work Incentive for Students

$

Total Funds Budgeted

$

State Funds Budgeted

$

Departmental Functional Budgets

Total Funds

Georgia Student Finance Authority

$ 34,314,735 $

Georgia Nonpublic Postsecondary Education

Commission

$ 727,171 $

Total

$ 35,041,906 $

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
0 513,712 35,041,906 35,041,906
State Funds 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

S 270,279,309

$ 149,901,564

$ 32,612,621

$ 40,216,466

$

0

$ 38,757,070

$

657,426

540______GENERAL ACTS AND RESOLUTIONS, VOL. I_______

LEPD Scholarship Teacher Scholarships Promise Scholarships Promise II Scholarships Engineer Scholarships
Total Funds Budgeted Lottery Funds Budgeted

$

232,330

$ 3,496,800

$ 1,960,000

$ 1,845,032

$

600,000

$ 270,279,309

S 270,279,309

Section 33. Teachers' Retirement System.
State Funds Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem, Fees and Contracts Employee Benefits Retirement System Members Floor Fund for Local Retirement Systems H.B.203 - Teachers' Accrued Sick Leave
Total Funds Budgeted State Funds Budgeted

$ 3,270,000

$ 8,527,740

$

489,044

$

20,500

$

0

$

15,000

$ 1,100,409

$

622,335

$

359,698

$

425,000

$

0

$ 3,100,000

$

170,000

$

0

$ 14,829,726

$ 3,270,000

Section 34. Department of Technical and Adult Education.
A. Budget Unit: Department of Technical and Adult Education
State Funds Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Real Estate Rentals Per Diem, Fees and Contracts Computer Charges Telecommunications Capital Outlay Personal Services-Institutions Operating Expenses-Institutions Area School Program Adult Literacy Grants Regents Program

$ 254,935,576

$ 6,275,876

$ 413,890

$ 132,000

$

0

$

57,741

$ 550,846

$ 392,265

$ 836,328

$ 115,980

$ 6,543,907

$ 211,482,640

$ 61,499,037

$ 6,454,757

$ 19,888,214

$ 3,698,828

GEORGIA LAWS 2001 SESSION

541

Quick Start Program

$ 12,340,384

Total Funds Budgeted

$ 330,682,693

State Funds Budgeted

S 254,935,576

Departmental Functional Budgets

Total Funds State Funds

Administration

$ 8,774,926 $ 6,715,138

Institutional Programs

$ 321,907,767 $248,220,438

Total

$ 330,682,693 S 254,935,576

B. Budget Unit: Lottery for Education Computer Laboratories and Satellite Dishes-
Adult Literacy Capital Outlay Capital Outlay - Technical Institute Satellite
Facilities Equipment-Technical Institutes Repairs and Renovations - Technical Institutes
Total Funds Budgeted Lottery Funds Budgeted

S 12,500,000

$

0

$

0

$

0

$ 12,500,000

$

0

$ 12,500,000

$ 12,500,000

Section 35. Department of Transportation.

State Funds

$ 662,512,674

Personal Services

$ 270,837,814

Regular Operating Expenses

$ 63,813,492

Travel

$ 2,188,931

Motor Vehicle Purchases

$ 2,000,000

Equipment

$ 10,345,685

Computer Charges

$ 12,829,146

Real Estate Rentals

$ 1,335,963

Telecommunications

$ 4,492,508

Per Diem, Fees and Contracts

$ 94,896,742

Capital Outlay

$ 1,059,184,631

Capital Outlay - Airport Aid Program

$ 7,034,116

Mass Transit Grants

$ 19,447,713

Harbor Maintenance/Intra-Coastal

Waterways Maintenance and Operations

$

710,855

Contracts with the Georgia Rail Passenger

Authority

$

555,666

Total Funds Budgeted

S 1,549,673,262

State Funds Budgeted

S 662,512,674

Departmental Functional Budgets

Motor Fuel Tax Budget

Total Funds

State Funds

Planning and Construction

$ 1,239,840,287 $ 384,783,921

Maintenance and Betterments

$ 229,902,266 $ 212,919,211

Facilities and Equipment

$ 19,606,694 $ 18,874,694

Administration

$ 24,472,369 $ 23,672,369

542_______GENERAL ACTS AND RESOLUTIONS, VOL. I_________

Total General Funds Budget Planning and Construction Maintenance and Betterments Administration
Air Transportation Inter-Modal Transfer Facilities Harbor/Intra-Coastal Waterways Activities
Total

S 1,513,821,616 $

$

191,154 $

$

0$

$

22,753 $

$ 3,630,535 $

$ 31,296,349 $

$

710,855 $

S 35,851,646 S

640,250,195
191,154 0
22,753 3,093,324 18,244,393
710,855 22,262,479

Section 36. Department of Veterans

Service.

State Funds

$

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

$

WWII Veterans Memorial

$

Regular Operating Expenses for Projects and

Insurance

$

Total Funds Budgeted

$

State Funds Budgeted

$

Departmental Functional Budgets

Total Funds

Veterans Assistance

$ 21,542,480 $

Education and Training

$

0$

Veterans Nursing Home-Augusta

$ 8,407,660 $

Total

$ 29,950,140 $

20,247,816 5,468,166
297,803 100,000
0 295,957
27,080 264,941
83,660 14,675,500
8,104,660 0
196,373
436,000 29,950,140 20,247,816
State Funds 15,462,820
0 4,784,996 20,247,816

Section 37. Workers'Compensation Board. State Funds Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals

S 11,949,645

$ 9,847,042

$

434,815

$

140,600

$

0

$

9,288

$

200,320

$ 1,232,524

____________GEORGIA LAWS 2001 SESSION__________543

Telecommunications Per Diem, Fees and Contracts Payments to State Treasury
Total Funds Budgeted State Funds Budgeted

$ 211,656

$

133,400

$

0

S 12,209,645

$ 11,949,645

Section 38. State of Georgia General Obligation Debt Sinking Fund.
A. Budget Unit: State of Georgia General Obligation Debt Sinking Fund
State General Funds (Issued) Motor Fuel Tax Funds (Issued)
B. Budget Unit: State of Georgia General Obligation Debt Sinking Fund
State General Funds (New) Motor Fuel Tax Funds (New)

$ 501,706,729 $ 50,000,000 $ 551,706,729

$ 78,163,090

$

0

$ 78,163,090

Section 39. Provisions Relative to Section 3, Judicial Branch.
The appropriations in Section 3 (Judicial) of this Act are for the cost of operating the Supreme Court of the State of Georgia, including salaries and retirement contributions for Justices and the employees of the Court, including the cost of purchasing and distributing the reports (decisions) of the appellate courts to the Judges, District Attorneys, Clerks, and others as required by Code Section 50-1831, 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

544______GENERAL ACTS AND RESOLUTIONS, VOL. I______
for payments to the Council of Magistrate Court Judges, the Council of Probate Court Judges and the Council of State Court Judges.

Section 40.

Provisions Relative to Section 4, Department of Administrative Services.

H IS lIrt~inTCMt Or Hit vjCnClcll /\SSCillDIV Ulut clll TUtUiC OUFClluSCS OT luulO clllu
o CD related equipment must DC conipatioic witn tnc BUU niliz system. I urcn<iscs must DC > a: approved by the Office of Planning and Budget and the Department of
Administrative Services

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 0 m Facilities Authority for loans shall be available for nominal or no interest loans to
^U>S pIL/l V^W rtuUnHfUlnWo3, nmiiuiiniiiw f iinpnulii+iiiivTj, \iwf\vrai\i uwrantijv-ii- Cj^71r orr^-wii-wrti- aqunufVtiM i/\i-IiLtIiV-gD, Ku.u-ra^ri.-ulcs- \rJ^li- ip^ijnrliituiVvaili
SUDQIvisions crccitco oy tnc ijcncicii /\sscnivi\ or pursuant ro me constitution uiiu lows or Tnc siaic roi emergency Type \vaicr and scwcr 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 Pierce County Sumter County City of Atlanta
Lowndes County

DESCRIPTION Lee Street Resource Center Continue restoration effort at the Rylander Theater in Americus Martin Luther King, Jr. Boulevard revitalization Construct Valdosta/Lowndes County Conference Center

AMOUNT $ 125,000
$ 450,000
$ 100,000
S 1,000,000

GEORGIA LAWS 2001 SESSION

City of Dawsonville City of Hartwell DeKalb County Convention Center . Authority Pulaski County Cobb County
City of Albany Georgia Mountains RDC Clayton County
Columbia County Library Trustees Gwinnett County Wayne County Board of Education City of Smyrna Bibb County
Clayton County City of Albany
Banks County
CityofTifton
Stephens County Board of Education

Thunder Road/NASCAR Hall of Fame, Dawsonville Hartwell Conference Center and necessary wastewater treatment facilities Feasibility study for planning and design for DeKalb County Convention and Visitor's Bureau cultural center
Restoration of the Pulaski County Courthouse Feasibility study and implementation of the South Cobb redevelopment initiative Civil Rights Museums in Albany Feasibility study for Lake Lanier water quality council
Preservation/renovation of first brick house in historic Jonesboro in Clayton County Feasibility study for planning and design of the Columbia County library
Train and rehabilitate workers in Gwinnett County Purchase additional seating and equipment for the Wayne County High School Auditorium Construction and land improvements for Cobb Veterans' Memorial in Smyrna Contract for services with Harriet Tubman Museum in Bibb County Contract for services with Clayton County Greenway Council Conduct a feasibility study on water usage planning for South Georgia at Albany State Construct a multi-purpose agricultural building in Banks County To provide funds for an agricultural facility in Tifton Provide funds for a high school cannery in Stephens County

545 $ 150,000 $ 1,000,000

$

50,000

$ 400,000

$ 1,000,000

$

75,000

$

32,000

$

50,000

$

50,000

$

50,000

$

50,000

$ 250,000

$ 150,000

$

68,000

$ 750,000 $ 200,000 $ 100,000

$ 200,000

546

GENERAL ACTS AND RESOLUTIONS, VOL. 1

City of Cairo Contract with Southwest Georgia

Community Foundation for Performing

Arts Center in Cairo

$

City of

Contract for services with National

Augusta

Legacy Foundation in Augusta

$

Alcovy Shores Improvements to Alcovy Shores Public

Water and

Water System in Jasper County

Sewerage

Authority

(Jasper

County)

$

Appling

Improvements to the Long Branch

County

Community Center building in Appling

County

$

Athens-Clarke Contract for services with Northeast

County

Georgia Health Center for the Patient

Cardiovascular Disease Prevention

Project in East Athens-Clarke County

$

Athens-Clarke Contract for services with Food Bank of

County

Northeast Georgia in Athens-Clarke

County

$

Athens-Clarke Purchase van for the Athens Regional

County

Library System in Athens-Clarke County

Library

Trustees

$

Athens-Clarke Contract for services with Athens Child

County

Development, Inc. for emergency child

care

$

Athens-Clarke Upgrade computers and expand services

County

at the Athens Neighborhood Health

Center

$

Atkinson

Improvements to jail including safety and

County

security in Atkinson County

$

Atkinson

Purchase/install playground equipment,

County

tractor and finishing mower for Axson,

Willocoochee and Pierson Parks in

Atkinson County

$

Atkinson

Repair high school bleachers and fencing

County Board at football field and repair roof at Pearson

of Education Elementary and Atkinson County High $

Augusta/

Contract for services with the Shiloh

Richmond

Comprehensive Community Center in

County

Augusta/Richmond County

$

190,000 150,000
15,000 5,000
25,000 25,000
25,000 30,000 20,000 10,000
15,000 20,000 2,500

GEORGIA LAWS 2001 SESSION

Augusta/

Contract for services with the Lucy C.

Richmond

Laney Museum in Augusta/Richmond

County

County

$

Augusta/

Contract for services with Beulah Grove

Richmond County

Resources in Augusta/Richmond County
<j>r

Augusta/

Contract for services with the CSRA

Richmond

Transitional Center, Inc. in

County

Augusta/Richmond County

$

Augusta/

Repair and purchase/install new seating

Richmond

for the Imperial Theater in

County

Augusta/Richmond County

$

Augusta/Rich Landscaping and flowers for

mond

Augusta/Richmond County

County

$

Augusta/

Contract for services with Belle-Terrace

Richmond

Community Center for summer programs

County

in Augusta/Richmond County

$

Augusta/

Technology improvements for East

Richmond

Georgia Easter Seals in

County

Augusta/Richmond County

$

Augusta/

Contract for services with the

Richmond

Neighborhood Improvement Project, Inc.

County

in Augusta/Richmond County

$

Augusta/

Contract for services with the

Richmond

Augusta/Richmond Opportunities Center,

County

Inc.

$

Augusta/

Contract for services with Good Hope

Richmond

Social Services summer school program

County

in Augusta/Richmond County

$

Augusta/

Improvements to a recreation facility and

Richmond

adjacent facilities in Augusta/Richmond

County

County

$

Augusta/

Contract for services with Augusta

Richmond

Arsenal and Carriage Works Museum

County

$

Augusta/

Purchase band equipment for Richmond

Richmond

Academy High School

County Board

of Education

Augusta

Improvements to baseball field fence and

/Richmond

dugout for girls softball team at Westside

County Board Comprehensive High School in

of Education Augusta/Richmond County

$

547
2,500 2,500 12,500 25,000 25,000 5,000 5,000 10,000 10,000 20,000 45,000 40,000
5,000
15,000

548

GENERAL ACTS AND RESOLUTIONS, VOL. 1

Augusta/

Purchase equipment for Terrace Manor

Richmond

Elementary School in Augusta/Richmond

County Board County

of Education

P

Augusta/

Purchase equipment for Wilkinson

Richmond

Gardens Elementary School in

County Board Augusta/Richmond County

of Education

$

Augusta/

Purchase equipment and furnishings for

Richmond

the technical program at Glenn Hills High

County Board School in Augusta/Richmond County

of Education

$

Augusta/

Purchase technology improvements for

Richmond

Tutt Middle School in

County Board Augusta/Richmond County

of Education

$

Augusta/

Purchase athletic equipment and uniforms

Richmond

for the Glenn Hills High School in

County Board Augusta/Richmond County

of Education

$

Bacon County Purchase equipment for Bacon County

Extension Service

$

Baldwin

Safety improvements to a county road in

County

Baldwin County

$

Baldwin

Pave a parking lot at Walter B. Williams,

County

Jr. Park in Baldwin County

$

Baldwin

Purchase equipment for East Baldwin

County

Fire Station

$

Baldwin

Develop a countywide prioritized

County

transportation plan in Baldwin County $

Baldwin

Installation of lighting project including

County Board scoreboard control cables for high school

of Education baseball field in Baldwin County

$

Banks County Upgrade computers for foster homes'

programs in Banks County

$

Ben Hill

Construct a new facility for the Fire

County

Station #5 in Ben Hill County

$

Ben Hill

Purchase/install lighting for new ballfield

County

in Ben Hill County

$

Ben Hill

Contract for services for monitoring

County

Enrichment Program in Ben Hill County $

Berrien

Purchase/install road identification traffic

County

signs in Berrien County

$

7,500
2,500
7,500
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

Berrien County
Berrien County Bibb County
Bibb County
Bibb County
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

GEORGIA LAWS 2001 SESSION

Purchase life saving emergency

equipment for the West Berrien

Volunteer Fire Department

$

Purchase fire fighting emergency

equipment 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

medical assistance for indigent HIV

patients at Bibb County Health Clinic

$

Contract for services with the Hope

initiative 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 c*P

Operating expenses for Department of

Intergovernmental Relations in Brantley

County

$

Purchase equipment for Brantley County

volunteer fire departments

$

Purchase firefighting equipment for the

Talloakes Road Volunteer Fire

Department

$

Renovate pier and bathroom facilities and

purchase/install picnic tables at the Tivoli

River recreation area in Bryan County

$

Renovate Pembroke Senior Citizen's

Center in Bryan County

$

Purchase emergency fire equipment for

Bryan County Fire Department

$

Purchase playground equipment for

Bryan County Elementary

$

549
10,000 10,000 30,000 10,000
15,000 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

550

GENERAL ACTS AND RESOLUTIONS, VOL. I

Bryan County Purchase/install stand for the Bryan

Board of

County High School Football field

Education

S

Bulloch

Improvements to picnic pavilion in

County

Brooklet Park for the Statesboro/Bulloch

County Recreation Department

$

Bulloch

Renovate and rewire Brooklet

County

Elementary School in Bullock County

$

Bulloch

Remodel and renovate livestock center in

County

Bulloch County

$

Burke County Transportation costs and training fees for

Board of

distance learning classes in Burke County

Education

Burke County Purchase a computerized reading

Board of

program (Waterford Program) for

Education

primary schools in Burke County

$

Butts County Construct and operate animal shelter in

Butts County

$

Calhoun

Purchase athletic equipment for Calhoun

County Board County schools

of Education

Candler

Purchase furniture for a new high school

County Board in the City of Metter, Candler County

of Education

Carroll

Upgrade athletic facilities at Central High

County Board School in Carroll County

of Education

Carroll

Improvements to Temple High School

County Board Athletic facilities in Carroll County

of Education

$

Charlton

Purchase playground equipment for

County Board Folkston Elementary School in Charlton

of Education County

$

Charlton

Purchase equipment for Charlton County

County

volunteer fire departments

$

Chatham

Contract for services with Senior

County

Citizens, Inc. in Chatham County

$

Chatham

Contract for services from

County

Savannah/Chatham Humane Society

requiring repairs, renovation and new

cages

$

Chattahoochee Drill groundwater well and replace pump

County

in Chattahoochee County

$

10,000 10,000 25,000 50,000 15,000 50,000 15,000 10,000 20,000 15,000 15,000 25,000 5,000 15,000
5,000 40,000

GEORGIA LAWS 2001 SESSION

Chattahoochee Renovate classrooms for in

Board of

Chattahoochee County schools

Education

$

Chattooga

Purchase automatic defibrillators for the

County

Chattooga County Mutual Aid

Association

$

Clayton

Contract for services from the Rainbow

County

House, Inc. requiring facility

improvements in Clayton County

$

Clayton

Landscaping for the Clayton County

County

Department of Transportation

$

Clayton

Purchase new furniture and laptop

County

computer for the Clayton County Aging

Program Advisory Board

$

Clayton

Contract for services with the Calvary

County

Refuge Center shelter for the homeless in

Clayton County

$

Clayton

Restore the Old Mundy Mill in Clayton

County

County

$

Clayton

Contract for services with Clayton Clean

County

and Beautiful program for educational

information

$

Clayton

Repair/renovate P.E. Athletic Field and

County Board purchase uniforms and athletic equipment

of Education for Lovejoy Middle School in Clayton

County

$

Clayton

Improvements to the marching band

County Board practice field at Lovejoy High School in

of Education Clayton County

$

Clayton

Construct an outdoor pavilion at Lee

County Board Street Elementary in Clayton County

of Education

<r
4>

Clayton

Purchase projection device for the M.D.

County Board Roberts Middle School technology

of Education addition in Clayton County

$

Clayton

Complete student services for M.D.

County Board Roberts Middle School in Clayton

of Education County

$

Clayton

Purchase audio/visual equipment for

County Board computer technology instruction at

of Education Jonesboro Middle School in Clayton

County

$

Clayton

Purchase books for the Jonesboro Middle

County Board School library in Clayton County

of Education

$

551
30,000 10,000 50,000 10,000 10,000 50,000 5,000 15,000
2,500 3,000 10,000 4,800 8,000
2,500 4,800

552

GENERAL ACTS AND RESOLUTIONS, VOL. I

Clayton

Purchase playground equipment for

County Board Northcutt Elementary School in Clayton

of Education County

$

Clayton

Purchase equipment for the athletic, fine

County Board arts and band programs at North Clayton

of Education Middle School in Clayton County

$

Clayton

Purchase equipment for fine arts and

County Board band programs at North Clayton High

of Education School in Clayton County

$

Clayton

Purchase equipment for the athletic

County Board program at North Clayton High School in

of Education Clayton County

$

Clayton

Athletic program, fine arts and band

County Board programs at Riverdale Middle School in

of Education Clayton County

$

Clayton

Purchase playground equipment at

County Board Riverdale Elementary School in Clayton

of Education County

$

Clayton

Purchase equipment for the athletic, fine

County Board arts and band programs at Riverdale High

of Education School in Clayton County

$

Clayton

Purchase equipment for the athletic

County Board program at Riverdale High School in

of Education Clayton County

$

Clayton

Purchase playground equipment for West

County Board Clayton Elementary School in Clayton

of Education County

$

Clayton

Purchase playground equipment for

County Board Pointe South Elementary in Clayton

of Education County

$

Clayton

Purchase equipment and security

County Board monitors for Pointe South Middle School

of Education in Clayton County

$

Clayton

Purchase playground and outdoor fitness

County Board equipment for the new Hawthorne

of Education Elementary School in Clayton County

$

Clayton

Purchase playground equipment for E.

County Board W. Oliver Elementary School in Clayton

of Education County

.

$

Clayton

Complete a walking track for the students

County Board at Brown Elementary School in Clayton

of Education County

$

Clayton

Purchase playground equipment for

County Board Church Street Elementary School in

of Education Clayton County

$

5,000 10,000 10,000 10,000 5,000 5,000 10,000 10,000 5,000 9,000 10,000 7,500 5,000 2,500
5,000

GEORGIA LAWS 2001 SESSION

Clinch County Improvements to Clinch County

recreation park

$

Cobb County Repair and renovate South Cobb

Community Center

$

Cobb County Purchase van for Cobb/Douglas Regional

Board and Service Board in Cobb County $

Cobb County Expand Pebblebrook High School

Board of

football stadium in Cobb County

Education

<o>c

Cobb County King Springs Elementary School

Board of

Language Development Program in Cobb

Education

County

$

Cobb County Purchase/install educational class sound

Board of

system at Nickajack Elementary School

Education

in Cobb County

$

Cobb County Purchase/install technology connections,

Board of

wiring, security systems at Powers Ferry

Education

Elementary School in Cobb County

$

Cobb County Improvements to the Campbell High

Board of

School storage restroom facility in Cobb

Education

County

$

Cobb County Purchase/install fencing to enclose a

Board of

playground area at Bells

Education

Ferry Elementary School in Cobb

County

$

Cobb County Purchase lockers and basic furnishings

Board of

for the Sprayberry High

Education

School field house in Cobb County

$

Cobb County Environmental class improvements for

Board of

Addison Elementary

Education

School in Cobb County

$

Cobb County Upgrade lab and equipment for Cobb

Board of

County Schools

Education

Colquitt

Construct a building and purchase

County

equipment for the Crossland

Fire Department in Colquitt County

$

Columbia

Beautify five entrances of Harlem with

County

trees and shrubs in

Columbia County

$

Columbia

Purchase classroom computers for

County

Stevens Creek Elementary in

Board of

Columbia County

Education

$

553 15,000 30,000 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

554

GENERAL ACTS AND RESOLUTIONS, VOL. 1

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 Columbia County
Board of Education Columbus/ Muscogee County Columbus/ Muscogee County Columbus/ Muscogee County
Columbus/ Muscogee County

Purchase classroom computers for Blue

Ridge Elementary in

Columbia County

$

Create a nature (earning trail for Martinez

Elementary in

Columbia County

c^

Athletic improvements at Lakeside High

School in Columbia

County

$

Purchase classroom computers for

Riverside Elementary School

in Columbia County

$

Purchase/install lighting for softball fields

at Harlem, Lakeside,

and Greenbrier High Schools in

Columbia County

$

Improve landscaping and install an

irrigation system at Evans

Elementary School in Columbia County

$

Refurbish football stadium and field

houses at Evans Middle

School in Columbia County cj>

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

$

5,000 5,000 25,000 5,000 30,000 4,000 10,000 25,000_ 25,000 25,000 50,000 25,000

Columbus/ Muscogee County Columbus/ Muscogee County Columbus/ Muscogee County 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

GEORGIA LAWS 2001 SESSION

Contract for services with Outreach

Programs at Boys and Girls

Clubs of Columbus, Inc.

$

Contract for services with Two Thousand

Opportunities, Inc. in

Columbus/Muscogee County

$

Contract for services with Project

Rebound/Family Institute in

Columbus/Muscogee 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 Homeless

$

Purchase a shelter facility for the

Children's Emergency Shelter

and Assessment Center in Columbus

$

Contract for services with the Combined

Communities of

Southeast Columbus for a summer

tutorial program

$

Purchase fire fighter emergency

equipment 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

$

555
120,000 50,000 25,000
40,000 25,000 20,000 25,000 100,000
20,000 15,000 20,000
20,000
35,000 20,000

556

GENERAL ACTS AND RESOLUTIONS, VOL. I

Dawson Downtown Development Authority DeKalb County DeKalb County
DeKalb County
DeKalb County
DeKalb County
DeKalb County
DeKalb County
DeKalb County
DeKalb County
DeKalb County
DeKalb County
DeKalb County

Creation of park area for Main Street for the Dawson
Downtown Development Authority
Renovations at the Art Station Inc. in DeKalb County Renovate/repair entrances, beautification and maintenance of community common areas and landscaping in DeKalb County Contract for services with Art Station, Inc. after school and summer programs in DeKalb County Purchase music education and workshops for the South DeKalb Youth Choir in DeKalb County Contract for services Mr. Kenyada's Neighborhood, Inc. for computer literacy programs in DeKalb County Contract for services with Black Women Coalition of Atlanta for tutorial program 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 maintenance for Scottdale Child Development and Family Resource Center, Inc. DeKalb County Contract for services lam, Inc. for tutorial program and
leadership academy in DeKalb County Purchase signs for the Belvedere Little League Program located on Glenwood Road in DeKalb County SLAM (Students Learning and Advancing in Math) Plus
Reading program in DeKalb County

30,000 30,000
28,000 25,000 10,000
7,500
10,000 25,000 25,000
40,000 15,000 7,500 5,000

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
Board of Education DeKalb County Board of Education

GEORGIA LAWS 2001 SESSION
Expand and renovate Exchange Park for the Glenwood Hills
Youth Association in DeKalb County Redan High Touchdown Club for athletic 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 activities for Browns Mill Park in DeKalb County Development of Wonderland Gardens in South DeKalb 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 Connections 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 Community Development Corp. for after school and computer literacy programs in
DeKalb County Purchase equipment, uniforms and supplies for Lithonia High School in DeKalb County
Implementation of brain-based layered curriculum at Shamrock Middle School in DeKalb County

557
50,000 1,000
19,000 5,000 20,000 25,000
30,000
20,000
60,000
20,000 40,000
21,000
5,000
10,000

558

GENERAL ACTS AND RESOLUTIONS, VOL. I

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
Dougherty County
Dougherty County
Dougherty County
Douglas County
Douglas County
Board of Education

Purchase materials and equipment, construct 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 Elementary School in DeKalb County Purchase band uniforms and instruments for each DeKalb County High School
Repair Dodge County courthouse and purchase computers Contract for services with the Dodge County Recreation
Commission
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 Enrichment Collaborative in Dougherty County Contract for services with the Dougherty County Community Coalition Improvements to the emergency 911 dispatch system in
Douglas County Purchase/install integrated information systems technology lab
at Alexander High School in Douglas County

10,000
6,000 9,000 8,000 18,000 55,000 10,000 25,000
10,000 25,000 40,000
5,000

GEORGIA LAWS 2001 SESSION

Echols County Construct a building for Echols County

Volunteer Fire

Department

$

Effingham

Purchase Jaws of Life and additional fire-

County

fighting equipment for

Faulkville Volunteer Fire Department in

Effingham County

$

Effingham

Construct a pavilion at the Meldrim

County

Community Park in

Effingham County

$

Effingham

Purchase playground equipment for

County

Springfield Central

Board of

Elementary in Effingham County

Education

$

Elbert County Purchase building and equipment for the

Petersburg Fire

Department in Elbert County

$

Elbert County Purchase equipment for Elbert County

Board of

High Band

Education

cD

Elbert County Purchase playground equipment for

Board of

Bowman Elementary

Education

School in Elbert County

$

Emanuel

Renovate and purchase equipment for the

County

Emanuel County

volunteer fire departments

$

Emanuel

Purchase equipment for Emanuel County

County

Library

Library

Trustees

$

Emanuel

Downtown development including

County

repair/renovation to county

park in Emanuel County

$

Emanuel

Planning and repairs for Emanuel County

County

Airport

$

Fannin County Renovations/repairs to Fannin County

courthouse

$

Fannin County Renovations/repairs to the Epworth

Community Club in Fannin

County

$

Floyd County Contract for services with Rome/Floyd

Recreation Authority

$

559
50,000
5,000 5,000
10,000 15,000 3,500 2,500 15,000
10,000 50,000 10,000 25,000 35,000 10,000

560

GENERAL ACTS AND RESOLUTIONS, VOL. I

Floyd County Purchase equipment for technology

Board of

programs for Coosa High

Education

School Technology Education Center in

Floyd County

$

Franklin

Gum Log Fire Department in Franklin

County

County

$

Franklin

Complete interior and furnish new

County

Agriculture Center at the

Board of

Franklin County High School Ag

Education

Department

$

Fulton County Contract for services with Holistic Stress

Control, Inc. in Fulton

County

$

Fulton County Implement/improve Senior Citizens

Services of Metropolitan

Atlanta Adult Day Care Center in Fulton

County

$

Fulton County Implement/improve programs and

services at the Dogwood

Senior Center in Fulton County

$

Fulton County Inter-generational Resources Center in

Fulton County

$

Fulton County Improvements to a multipurpose facility

for Harriett G. Darnell,

Senior Center in Fulton County

$

Fulton County Fulton County Sheriffs Department for a

jobs programs

$

Fulton County Contract for services with the Concerned

Citizens of Atlanta,

Inc. in Fulton County

$

Fulton County Purchase equipment for the Georgia

Association of Homes and

Services for Children for Information

Management Systems in

Fulton County

$

Fulton County Contract for services with the Old

National Merchants

Association/ WrapAround Collaborative

for an after school

program in Fulton County

$

Fulton County Contract for services with Straight Talk

Counseling Services,

Inc. in Fulton County

$

30,000 5,000
20,000 25,000
20,000 20,000 30,000 100,000 25,000 30,000
25,000
50,000 15,000

GEORGIA LAWS 2001 SESSION

Fulton County Purchase technology and equipment for

Spalding, Woodland,

Board of

Roberts Road, Heards Ferry, and High

Education

Point Elementary

Schools in Fulton County

$

Fulton County Contract for services with the "Georgia

Board of

Garden of Opportunity"

Education

outdoor classroom at Webb Bridge

Middle School in Fulton

County

$

Fulton County Construction and purchase supplies for

Board of

the "Science Fair

Education

Project" classroom at Medlock Bridge

Elementary School

$

Georgia

Contract for services with the Elachee

Mountains

Nature Science Center

RDC

for the Georgia Mountains RDC

$

Gilmer

Renovate Civic Center/ambulance service

County

quarters in Gilmer

County

$

Glascock

Renovate courthouse annex and purchase

County

fire equipment for

Glascock County

$

Glynn County Construct a county owned basketball

court in Glynn County

$

Glynn County Purchase/install lights for the North

Glynn Recreation Park

Ballfield

$

Glynn County Purchase/install playground equipment at

Massengale Park in

Gordon

Glynn County

$

Purchase playground equipment and

County

repairs at Salacoa Park in

Gordon County

$

Grady County Purchase/install computer systems for the

Grady County "All"

Volunteer Fire Department in each fire

station

$

City of Union Purchase of portable speed control

Point

monitor

$

Greene

Renovate Historic Greene County Jail

County

$

Gwinnett

Purchase equipment for Creative

County

Enterprises, Inc. in Gwinnett

County

561
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

562

GENERAL ACTS AND RESOLUTIONS, VOL. 1

Gwinnett County 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

Restore the Lawrenceville-Gwinnett

Historical Cemetery

$

Purchase educational material and gym

enhancements for

Rockbridge Elementary School in

Gwinnett County

$

Improvements for athletic facilities at

Shiloh High School in

Gwinnett County

Improvements to the Duluth Youth Sottball 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
<r
4>

Contract for services with Meadowcreek

High School in

Gwinnett County c&

Purchase turn-out gear and equipment for

Hancock County

Volunteer Fire Department

$

Purchase uniforms, tools, and equipment

for the Hancock

Emergency Management Agency

$

Expand Summer Science Camp and Band

Program in Hancock

County

$

Haralson recreation department

$

Renovate Haralson County Courthouse <j>t

Renovate stadium at Hart County High

School

$

25,000 20,000 50,000 100,000 50,000 20,000 20,000
5,000 5,000 10,000 15,000 50,000 15,000

GEORGIA LAWS 2001 SESSION

Heard County Develop master plan for the Heard

Development County River Commission

Authority

for a passive recreational greenway

system along the

Chattahoochee River

$

Henry County Provide maintenance for the Flint Circuit

Council on Family

Violence in Henry County

$

Henry County Purchase equipment for Stockbridge

Board of

Middle School Technology

Education

Team in Henry County

$

Henry County Purchase/install lighting for the girl's

Board of

softball field at

Education

Stockbridge High School in Henry

County

$

Houston

Establishment of "Seamless" Education

County

program with Houston

Board of

County Board of Education, Macon

Education

State College and Middle Georgia

Tech

$

Houston

Lighting and improvements to Perry High

County

School football field

Board of

in Houston County

Education

$

Houston

Repair/replace roof and other

County

improvements at Perry Library and

Library

Centerville Library in Houston County

Board

$

Irwin County Renovation and lighting for the Irwin

County girl's softball

field

$

Irwin County Purchase equipment and start-up for the

new Pleasure Lake Fire

Department in Irwin County

$

Jackson

Standardize and replace 10 SCBA's for

County

the North Jackson Fire

Department

$

Jasper County Purchase band/music program uniforms

Board of

at Jasper County

Education

schools

$

Jasper County Improvements to athletic

field/community amphitheater in

Jasper County

$

563
25,000 10,000 10,000 10,000
50,000 100,000 95,000 10,000
5,000 10,000 10,000 20,000

564

GENERAL ACTS AND RESOLUTIONS, VOL. I

Jeff Davis

Improvements to the Jeff Davis High

County

School Tennis Court

Board of

Education

cj>

Jeff Davis

Provide for after school program

County

specializing in the arts for Jeff

Davis Arts Council

$

Jeff Davis

Completion of structural study of historic

County

residence for use as

Development tourism complex for the Jeff Davis

Authority

County Development

Authority

$

Jeff Davis

Public Safety Park for the Jeff Davis

County

County EMS

$

Jefferson

Remodel building for Chamber of

County

Commerce and Economic

Development office in Jefferson County $

Jenkins

Purchase equipment for the Jenkins

County

County Hospital

$

Johnson

Equip and renovate the Johnson County

County

volunteer fire

department

$

Jones County Study and plan for sewerage system

improvements in Jones

County

$

Jones County Purchase materials and labor for

restoration and repair of the

Library

Jones County Public Library

Trustees

$

Jones County Purchase van for the 4-H Club Program

in Jones County

$

Jones County Develop a feasibility study and

comprehensive plan for sewer

system improvements in Gray and Jones

County

$

Lamar County Construct athletic field for Lamar County

Board of

Middle School

Education

<j>c

Lamar County Plan and construct an Agricultural

Exposition Building in

Lamar County

$

Lanier County Improvements to Lanier County

Board of

computer lab

Education

c^

25,000 10,000
5,000 5,000 25,000 20,000 11,000 15,000
8,000 28,000
25,000 15,000 50,000 15,000

Laurens County
Laurens County
Liberty County
Liberty County
Lincoln County Lincoln County Lincoln County Lincoln County
Long County
Lowndes County
Lumpkin County
Marion County McDuffie County
Board of Education Miller County
Mitchell County

GEORGIA LAWS 2001 SESSION
Contract for services with the Stepping Stone, Inc. Child Advocacy Center in Laurens County Improve and purchase property for the Dublin-Laurens County Recreation Authority for Springdale Park Construct an outdoor classroom and restroom at the LeConte Woodmanston Foundation, Inc. Plantation Construct and equip swimming pool for the Liberty County Recreation Department 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, and to complete other courthouse renovation projects Contract for services from Boy's and Girl's Club of Valdosta,
Inc. for an after school learning lab Purchase computer equipment for Lumpkin County Emergency Services Recreation improvements and expansions in Marion County Planning funds for McDuffie County Environmental Education Center
Renovate Miller County Extension Building Purchase equipment for seven Mitchell County volunteer fire departments

565
20,000
25,000
25,000 20,000
5,000 5,000 10,000 10,000
20,000
15,000 25,000
15,000
10,000
25,000 14,000

566

GENERAL ACTS AND RESOLUTIONS, VOL. I

Monroe

Improvements to Monroe County

County

courthouse electrical systems

$

Montgomery Renovate a county-owned recreation

County

department softball field

in Montgomery County

$

Murray

Purchase furniture, equipment, and

County

transportation for Murray

County Senior Center

$

Newton

Develop a park located in Covington in

County

Newton County

$

Newton

Outdoor centers, counseling project, and

County

DARE program in

Board of

Newton County

Education

$

Newton

Covington Senior Center in Newton

County

County

$

Oglethorpe

Renovate the Crawford Clubhouse at the

County

Oglethorpe County

Recreation Department

Peach County Replace current heating and air-

conditioning system in the

Board of

Spruce Street School Complex in Peach

Education

County

Pierce County Promote membership, economic

development and tourism in

Pierce County

Pierce County Completion of Lakeview Community

Center in Pierce County

Polk County Purchase equipment and training for Polk

County Fire

Departments

Pulaski

Purchase uniforms and equipment for

County

Hawkinsville High

Board of

School Band in Pulaski County

Education

Quitman

Prepare site for Welcome Center in

County

Quitman County

Randolph

Carpet and floor replacement in flooded

County

areas at Randolph

Board of

County Elementary

Education

Richmond

Food for the poor by Harrisburg West

County

End Neighborhood

Association, Inc. in Richmond County

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
35,000 25,000

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

GEORGIA LAWS 2001 SESSION
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 investigation of illegal dumping with the Marshal's Department in Richmond County Promote collection and management efforts 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 Defense 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 equipment for the Lake Blackshear Volunteer Fire Department Train school-age to college youths in basic computer skills in Talbot County Funds for land clearing/facilities for new Taliaferro County school

567
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

568

GENERAL ACTS AND RESOLUTIONS, VOL. I

Tattnall

Contract for services with the East

County

Collins Community Center

for an after school program in Tattnall

County

$

Tattnall

Expand/improve the canning plant at

County

Tattnall County High

Board of

School

Education

c>5

Taylor County Purchase and install tornado warning

sirens in Taylor County

$

Telfair County Telfair County athletic program

Board of

Education

$

Telfair County Contract for services with the Telfair

County Development

Authority

$

Thomas

Renovation and repairs to the Thomas

County

County courthouse clock

and tower

$

Thomas

Purchase/install an acoustical ceiling and

County

purchase furniture

and equipment at the Marguerite Neel

Williams Boys and

Girls Club of Thomas County

$

Tift County Development of teen court program at the

Tift County YMCA

$

Tift County Contract for services with the Red Cross

in Tift County

$

Toccoa/

Planning of an airport terminal in

Stephens

Toccoa/Stephens County

County

Airport

Authority

cP

Town of

Renovate and upgrade downtown

Mitchell

sidewalk in the Town of

Mitchell

$

Towns County Construction and purchase equipment for

the new Towns

County Jail

$

Towns County Purchase fire vehicle for Towns County $

Troup County Purchase fixtures, furniture and

equipment for the W. J. Griggs

recreation center in Troup County

$

Twiggs County

Renovate courthouse in Twiggs County c>

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

GEORGIA LAWS 2001 SESSION

Union County
Upson County
Walker County
Board of Education 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

Purchase a Fire and Rescue A.T.V. vehicle in Union County Improvements to the recreation facility in Upson County Purchase equipment for LaFayette High School in Walker County
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 Recreation 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 improvements at Ware County High Gym Purchase furniture/fixtures for new Warren 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 department for the Cedar Creek
Fire Department in Wilcox County Completion of construction of Abbeville Fire Department
Building

569 10,000 25,000
5,000 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

570

GENERAL ACTS AND RESOLUTIONS, VOL. I

City of Acworth City of Acworth City of Adairsville City of Adel City of Ailey City of Albany
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

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 Contract for services with the Lamb Shelter Day Care Center, Inc. in Albany Provide after school hour studies for the East Albany area through the Greater Mt. Olive Outreach Center, Inc. Purchase a hitch tractor and lawn equipment for the City of Allentown Purchase/install lighting for Linear Park in the City of Alma Purchase of lighting, playground equipment 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 After 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

10,000 10,000 40,000
5,000 15,000 30,000
20,000
20,000
20,000 10,000
5,000
20,000
15,000 15,000 25,000 10,000 50,000

GEORGIA LAWS 2001 SESSION

City of Atlanta
City of Atlanta
City of Atlanta
City of Atlanta Board of Education City of Atlanta
City of Baldwin City of Baldwin City of Barnesville City of Baxley
Appling County City of Blackshear City of Bloomingdale City of Bowdon

Provide housing residential improvement and economic
development for Pittsburgh Community Improvement Association 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 After School Tutorial Program in Atlanta Pilot program for the Awareness of Prevention of Substance Abuse for the Fulton Atlanta Community Action Authority, 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 Appling County Purchase/install lighting and other improvements in Blackshear City Park Purchase emergency equipment and a used fire pumper truck for the City of Bloomingdale Construct/improvements to a multipurpose recreation facility, auditorium and gymnasium in City of Bowdon

571
50,000 100,000 40,000 60,000
10,000 10,000 7,000
10,000
5,000 10,000
10,000 50,000
60,000

572

GENERAL ACTS AND RESOLUTIONS, VOL. I

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 Cartersvi lie
City of Cave Springs
City of Cedartown
City of Chickamauga
City of Claxton City of Cleveland
City of Cochran
City of Cochran City of Coleman City of Colquitt

Purchase band equipment for the Sewell

Middle School in the

City of Bremen

$

Buchanan recreation department &c

Renovate Gymnasium and Auditorium at

Old Byron High

School

$

Restoration of CSX train depot in

Camilla for use as

Welcome/Tourist Center

$

Improvements to the City of Canon

public works water system

$

Upgrading athletic facilities for boys and

girls in the City of

Carrollton oc>

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

$

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

renovation in the City of

Cochran

$

Develop a master plan for the Cochran

Airport

$

Replace/repair termite infestation damage

at Coleman City Hall

$

Construct a new baseball/softball facility

on Milford Road in

Colquitt

$

32,000 15,000 25,000 25,000 25,000
15,000 5,000 45,000 30,000 25,000 40,000 10,000 15,000 10,000 5,000 5,000

GEORGIA LAWS 2001 SESSION

City of

Replace cabinets and purchase lab

Commerce

equipment for Commerce

Board of

High School

Education

$

City of

Upgrade the City of Concord municipal

Concord

water system

$

City of

Construct a Field of Dreams for the

Conyers

Miracle League Located in

the City of Conyers

$

City of

Purchase fire truck and equipment for the

Culloden

City of Culloden

$

City of Dalton Establishment of official visitors center

through the Dalton

Convention and Visitors Bureau

$

City of Darien Purchase sewer vacuum truck for the City

of Darien

$

City of

Restore Carnegie Library in the City of

Dawson

Dawson

Library

Trustees

c
4>

City of

Contract for services with Young Life

Decatur

South DeKalb mentoring

program

$

City of Denton Purchase/install lights for the recreational

center in the City of

Denton

$

Towns County Contract for services with Towns County

Veterans Park

$

Towns County Repair tennis court at Towns County

Recreation Department

$

White County Contract for services with the Law

Enforcement Youth

Academy $

City of

Renovate building for use as a

Doerun

community center in the City of

Doerun

$

City of

Construction of Historic Bell Tower,

Douglas

Eastside Park and

Roundtree Park in the City of Douglas $

Dublin City Purchase computers and equipment for

Schools

Dublin City Schools

$

City of Dudley Purchase equipment for Dudley

Volunteer Fire Department

$

City of East Renovation and repairs to City Hall in

Ellijay

East Ellijay

$

573
15,000 25,000 75,000 15,000 2,500 25,000
40,000 15,000 10,000 12,500 7,500 5,000 20,000 15,000 5,000 25,000 15,000

574

GENERAL ACTS AND RESOLUTIONS, VOL. I

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 City of Harrison

Start Up and Operations of Atlanta Fulton

Council on Youth

Improvements to the water and sewer

system in East Dublin

Development and

construction/improvement 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

and air-conditioning

system at the

historic Mizell House in Folkston

Planning and design of Okefenokee

Research 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 Franklin Springs

Improve sidewalk and road

improvements and Calvary museum

in City of Ft. Oglethorpe

Contract for services with 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

Renovate old building and construct new

City Hall for the City

of Harrison

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 75,000

GEORGIA LAWS 2001 SESSION

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

Purchase property for Hazelhurst Community Center Contract for services with the River Walk in the City of Helen Equip fire station in the City of Hinesville 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 ofJesup 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 equipment for Nana's House in the city of LaFayette Purchase additional playground equipment 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 Police Athletic League youth program

575 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

576

GENERAL ACTS AND RESOLUTIONS, VOL. I

City of Madison
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

Construct wheelchair accessible paved area for the J.E. Owen Memorial Arboretum, Inc. in the City of Madison 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 proposed 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 Department Building in Nahunta Renovation project for multi- purpose building in the City of Nashville Remodel the Newnan Community Theater County, Inc. building Repair and renovate facilities adjacent to Odum City Hall Purchase equipment for City of Offerman
Patterson Recreation Department in Patterson Renovate and purchase equipment for the Edward (Bud) Newton Recreation Community Center in the City of Patterson

9,000
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

City of Pearson City of Pelham City of Pine Lake
City of Pinehurst
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

GEORGIA LAWS 2001 SESSION
Recreation and utility needs for the City of Pearson Purchase composting equipment in the CityofPelham Safety and maintenance of public buildings in the City of Pine
Lake Renovate the Old Depot in City of Pinehurst for Community Gathering Center Expansion of building occupied by the Clerk's office, Council, Chamber, Municipal Courtroom and Police Headquarters in the City of Pineview Construction of a spec building for the Industrial Park in the City of Pitts Planning of Industrial Complex in Wilcox County Purchase/install emergency water well for City of Plains Repairing and upgrading of Humane Society Animal Shelter in Quitman Repair to the former City Hall of Quitman Construct a multi-purpose recreation facility in Ray City Repair water system and purchase equipment for fire department in Rayle Construction, equipment and supplies for the City of Rebecca recreation area Improvements for city park including repairs 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

577 10,000 25,000 20,000 15,000
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

578

GENERAL ACTS AND RESOLUTIONS, VOL. I

City of Rome
City of Rome
City of Roswell
City of Savannah
City of Savannah
City of Savannah
City of Savannah
City of Savannah
City of Screven
City of Smyrna
City of Smyrna City of Social Circle City of Soperton City of Sparta
City of Sumner

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 Replace all lights in the W.W. Law Regional Center, a multi-recreational center. Improvements to the Cultural Affairs Commission building in Savannah Purchase equipment and medical supplies for Savannah Health Mission clinic Repair exterior of the Economic Opportunity Authority Building Purchase green space/park for Liberty City Community in the City of Savannah 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 Authority Project Repair of sewer line in the City of Social Circle Renovate/repair and purchase equipment for City of Soperton Fire Department Revitalization of downtown business district and sidewalks in the City of Sparta Renovate the sprinkler system in the Old Sumner School auditorium

30,000 20,000 10,000 10,000 10,000 15,000 75,000 50,000 10,000 5,000 10,000 30,000 17,000 10,000 10,000

GEORGIA LAWS 2001 SESSION

City of Sycamore
City of Sylvester
Library Trustees City of Sylvester
City of Talbotton City of Tallapoosa
City of Thomasville City of Thunderbolt
City of Tiger
City of Toccoa
City of Toccoa City of Tybee Island
City of Tybee Island City of TyTy
City of Valdosta City of Valdosta
City of Valdosta

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 historic 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 Initiate purchase of a 92 acre tract of land along the Tugalo River and reconstruct 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 walking area and recreation equipment purchase for the City of TyTy Contract for services with the Valdosta Food Bank Repair Lowndes County Historical Society and Museum building Maintenance and repairs for Valdosta/Lowndes Arts Commission

579
10,000
10,000 20,000 35,000 15,000 50,000
45,000 10,000
15,000 29,000
25,000 50,000
7,500 35,000
5,000 5,000

580

GENERAL ACTS AND RESOLUTIONS, VOL. I

CityofVidalia
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
Athens-Clarke County Athens-Clarke County Baker County Board of Education Baldwin County Board of Education Barrow County City of Kingston Bartow

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

greenway 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 / Court Room

in the City of

Whigham

$

Purchase/install lighting for Woodland

Community Park

$

Repair and renovate the City of

Wrightsville Fire Department

$

Construct two buildings for the Appling

County Fire

$

Department

Improvements to the Clarke County

recreational facilities

$

Pave parking lot for the Athens Boys and

Girls Club

$

Pave lot and construct playground for

Baker County Schools $4>

Purchase/install lighting for Baldwin

High School ball field

$

Improvements to the Barrow County

recreational facilities

$

Construct a street in the City of Kingston

$

Improvements to several athletic fields $

20,000 15,000 10,000 25,000
25,000
15,000 10,000 10,000 28,000 16,000 8,000 21,000 20,000
20,000 8,000
28,000 35,000

GEORGIA LAWS 2001 SESSION

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
Chattahoochee County Board of Education Chickamauga
City Board of Education
Clarke County

for Bartow County

Recreation

Department

Upgrade Pine Log Fire Department in

Bartow County

$

Purchase equipment for Folsom Fire

Department 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 for the Baconton

Fire Station in

Bryan County

$

Purchase equipment for the Mill Creek

Fire Station

in Bryan County

$

Upgrade the Fire Safety House in

Camden County

$

Purchase outdoor equipment for Chatham

County Recreation

Department for Lake Mayer, Scott Stell,

and Tom Tripplett

$

Parks

Purchase books and materials for

Chatham County main library

$

Drill groundwater well and replace pump

in Chattahoochee

County

$

Renovate classrooms for in

Chattahoochee County schools

$ Resurface Gordon Lee High School track in Chickamauga

$ Contract for services with the Food Bank of Northeast Georgia
in Clarke County

581
8,000 8,000 9,000 7,000 15,000 12,000 12,000 32,000
24,000
40,000 60,000
60,000
24,000 20,000

582

GENERAL ACTS AND RESOLUTIONS, VOL. I

Clay County Develop feasibility study and plan for

Development proposed Clay County

Authority

retirement facility

$

Clayton

Purchase playground equipment for

County

International Park in

Clayton

Clayton County

$

Construct/repair sidewalks and drainage

County

system for the City of

$

Forest Park

Clayton

Purchase equipment for the Forest Park

County

Athletic Association in

the City of Forest Park

$

Clayton

Contract for services with the Economic

County

Development and

Training Program, Inc. in Clayton

County

$

Clayton County Purchase/install lighting for Lovejoy

High School softball field

Board of

in Clayton County

Education

$

Cobb County Contract for services for Sweetwater

Valley Camp in Cobb

County

$

Cobb County Improvements to Fuller Park

Recreational Facility in Cobb

County

$

Coffee County Construct activity room for Concerted

Services, Inc. in Coffee

$

County

Columbia

Replace radio communications for

County

Columbia County Sheriffs

Office

$

Cook County Replace roof of Cook County Library

Library

Trustees

$

Crisp County Purchase equipment for the Crisp

Board of

County High School JROTC

Education

$

Dade County Improvements to recreational facilities

in Dade County

$

Dawson

Construct the Dawson County High

County

School stadium facility

$

Decatur County Contract for services with Albany ARC

in Decatur County

$

DeKalb County Contract for services with The Legacy $

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 40,000

GEORGIA LAWS 2001 SESSION

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

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 Department 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 Senior Connections, Inc. in DeKalb County Contract for services with Georgia Gives Back, Inc. in DeKalb County Contract for services with the AIDS Epidemic program in DeKalb County Purchase and renovate Transitional Home for Women and Girls facility in DeKalb County Purchase van and maintenance for Scottsdale Child

583
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

584

GENERAL ACTS AND RESOLUTIONS, VOL. I

DeKalb County
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

Development and Family Resource Center in DeKalb County Contract for services with the Positive Growth Youth Home for
Boys in DeKalb County Contract for services with the Scottdale Community Planning Council for improved 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 intervention 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 Department Construct a softball field at Elbert County High School Renovate the Elbert Theater in the City of Elberton

20,000
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

Evans County Evans County Board of Education Fayette County Board of Education 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

GEORGIA LAWS 2001 SESSION

Purchase equipment for Evans County

Fire Department

$

Repair/replace roof for Clayton Head

Start for Evans County

$

Board of Education

Purchase equipment for special needs

students in the Fayette County

schools and Joseph Sams School

$

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

National 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

$

585 12,000 8,000
80,000 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

586

GENERAL ACTS AND RESOLUTIONS, VOL. I

Fulton County
Fulton County
Fulton County
Fulton County
Board of Education Gilmer County
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 Clarkesville Downtown

Contract for services with KidsGym

$

USA in Fulton County

Improve structure and purchase

equipment 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

$

Renovate the People's House and

purchase equipment for

Glascock County Fire Department

$

Construct/renovate entrance and parking

lot of Glynn County

Animal Control Building

$

Implement plan for development of

Altamaha Regional Park in

$

Glynn County

Purchase/install lighting for North

Glynn Recreation Park

$

Purchase fire hose for Grady County

$

Improvements to the Brookwood High

School Athletic

Complex including refinishing 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 property for the Habersham $

Soup Kitchen

Develop downtown Clarkesville to

$

promote economic growth for the area

40,000 36,000 36,000
53,000 12,000 26,000 24,000 8,000 20,000 16,000
40,000 -
40,000
80,000 12,000 20,000 40,000

GEORGIA LAWS 2001 SESSION

Development

Authority

Hall County

Improvements to Johnson High School

Board of

in Hall County

Education

$

Hall County

Restoration of North Hall High School

Board of

athletic field in Hall

$

Education

County

Hancock

Expand Summer Science and Summer

County

Band programs in

Board of

Hancock County schools

Education

$

Heard County Construct and pave the parking lot for

the Heard County Mental

Health Center

Jackson County Construct an Agricultural Building at

Board of

Jackson County High

Education

School

Jefferson

Contract for services with Jefferson

County

County Economical

Development to attract, retain and

expand businesses withing

the community

Jenkins County Install ADF network for the Jenkins

County Airport

Jenkins County Expand Extension Education Center in

Jenkins County

Jenkins County Purchase equipment for Jenkins County

Hospital

Hospital Authority

Authority

Jones County Develop feasibility study and plan for

Jones County water

system

Liberty County Construct a multi-purpose education

facility in Liberty County

Liberty County Improvements to recreational facilities

in Liberty County

Liberty County Contract for services with the Eleven

Black Men of Liberty

County

Lincoln County Resurface parking lot of the Lincolnton

Clubhouse in Lincoln

County

Lincoln County Purchase/install lighting and fencing for

Lincoln County

587
25,000 60,000
8,000
32,000 40,000
40,000 16,000 4,000
16,000
20,000 20,000 40,000 16,000
6,500 8,000

588

GENERAL ACTS AND RESOLUTIONS, VOL. I

Recreation Department

Lowndes

Construct a Youth and Teen Center for

County

the YMCA in Lowndes

Lowndes

County

$

Repair/restore Lake Park Elementary

County

School gym in Lowndes

Board of

County

$

Education

Lowndes

Resurface the track at Lowndes County

County

High School

Board of

Education

$

Lumpkin

Purchase/install lighting for youth

County

softball field in Lumpkin

County

$

Lumpkin

Purchase equipment for Lumpkin

County

County Volunteer Fire

Department

$

Lumpkin

Contract for services for Community

County

Care Shelter in Lumpkin

County

$

Meriwether

Renovate the WPA Building in

County

Meriwether County

$

Meriwether

Construct and purchase equipment for

County

two elementary schools

Board of

in Meriwether County

Education

Miller County Restore/refurbish agricultural "show

barn" located in Miller

County

$

Montgomery Improvements to the Montgomery

County

County Middle/High School

Board of

sports facilities

Education

c3>

Morgan County Contract for services for the Morgan

County African American

Cultural Center

$

Oconee County Improvements to the Oconee County

recreational facilities

$

Oconee County Renovate/restore the William Daniel

House in Oconee County

$

Paulding

Purchase band uniforms and equipment

County

for the Paulding County

Board of

Board of Education

$

Education

60,000
22,000
24,000 8,000 4,000 8,000
40,000
51,000 52,000
8,000 8,000 8,000 16,000
57,000

Polk County
Quitman County
Rabun County
Rabun County Hospital Authority Richmond County
Richmond County
Richmond County
Richmond County Richmond County
Richmond County
Richmond County
Richmond County
Richmond County
Richmond County
Board of Education Richmond County
Board of Education

GEORGIA LAWS 2001 SESSION

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 Richmond County

Purchase equipment for Boxing Club in

Richmond County

$

Contract for services with the CSRA

Economic Opportunity

Authority in Richmond County

$

Improvements/construction for the

Eastview Recreation Center

in Richmond County

$

Contract for services with the Safe

Communities Coalition of

Augusta in Richmond County

$

Contract for services with the Southside

Tutorial Program in

Richmond County

$

Contract for services with the Delta

Leadership Training

$

Program in Richmond County

Purchase equipment for Lucy Laney

High School in Richmond

County

$

Purchase equipment for Davidson

School of Fine Arts in

Richmond County

$

589 25,000 40,000 12,000 32,000 24,000 20,000 44,000 24,000 40,000 75,000 20,000 32,000 16,000
8,000
50,000

590

GENERAL ACTS AND RESOLUTIONS, VOL. I

Richmond

Contract for services with the Augusta

County

Ballet in Richmond

$

County

Schley County Construct Schley County High School

Board of

cj>

Education

Screven County Purchase/install equipment and fixtures

for Screven County

$

Technical and Adult Education Center

Screven County Repair/replace roof and building at

Library Screven-Jenkins Regional

Trustees

Library

$

Seminole

Construct weight facility for Seminole

County

County Board of

Board of

Education

Education

$

Spalding

Expand Griffin Tech Literacy Program $

County

in Spalding County

Stephens

Purchase monitoring and security

County

equipment for new

courthouse in Stephens county

$

Stewart County Construct relay tower to provide internet

Board of

access to Stewart

Education

County Schools

$

Taliaferro

Purchase land for Taliaferro schools

County

Board of

Education

$

Tattnall County Expand meeting room for Tattnall

County

$

Tattnall County Contract for services with the Tattnall

County Hospital

Authority

$

Tattnall County Construct teaching and canning facility

Board of

for Tattnall County

$

Education

Schools

Terrell County Repair/replace roof at Historic Hill &

Hill Preservation Society

$

in Dawson in Terrell County

Terrell County Construct/paint building at the Dawson-

Terrell County Airport

$

Thomas County Restore clock and clock tower for

$

Thomas County Courthouse

Thomas County Asphalt area at Thomas County High $

Board of

School

20,000 80,000 20,000 16,000
20,000 40,000 20,000 10,000
8,000 16,000
. 40,000 20,000 20,000 64,000 28,000 12,000

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
White County
White County

GEORGIA LAWS 2001 SESSION
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 Waycross Fire Department Construct the Warm Springs Welcome Center

Purchase equipment and furnishings for

Warren County

Courthouse

$

Purchase materials and construct fire

station for Madray Springs

Volunteer Fire Department in Wayne

County

$

Purchase equipment and maintenance

for Wheeler County

$

recreation facilities

Contract for services with White County

Homework Centers

$

Repair drainage problems and apply sod $

591
64,000 8,000
20,000 4,000 15,000 12,000 80,000 4,000 12,000 60,000
32,000
35,000 80,000
16,000 8,000 8,000 12,000

592

GENERAL ACTS AND RESOLUTIONS, VOL. I

White County Development Authority
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

to White County High School baseball field Extend sewage service 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

Whitfield/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 Atlanta

$

Improvements to Adams and John H.

White Park ballfields in

Atlanta

$

Repair homes of Senior Citizens in

$

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

GEORGIA LAWS 2001 SESSION

City of Atlanta
City of Atlanta
City of Atlanta
City of Atlanta
CityofBartow
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

Washington Park and

Washington High Neighborhoods in

Atlanta

Develop feasibility study and plan for

Morningside

neighborhood in Atlanta

$

Develop feasibility study and plan for

Ansley Park

$

Neighborhood in Atlanta

Contract for services with the Albert J.

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

$

Police 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

Volunteer Fire Department

$

Renovate gym for the City of Climax

$

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

$

593
32,000 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

594

GENERAL ACTS AND RESOLUTIONS, VOL. I

City of Columbus City of Columbus
City of Columbus
City of Columbus
City of Columbus City of Columbus City of Columbus
City of Columbus City of Columbus
City of Commerce CityofCordele City of Cusseta
City of Cuthbert
City of Cuthbert
City of Dallas CityofDalton
City of Darien
City of Donalsonville
City of Dublin

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.

$

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

Henderson 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

including construction of a

pavilion and purchase of entrance signs

Construct domestic violence shelter for

15,000
12,000
12,000
16,000 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

GEORGIA LAWS 2001 SESSION

City of Eatonton
City of Eatonton
City of Euharlee City of Fargo
City of Fayetteville City of Flowery Branch 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

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 Project 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 Renovate the Groutman House in City of Fort Valley Develop and construct storm water retention 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 departments Repair/replace the electricity service lines in Hogansville Renovate the City of Ideal police department Upgrade the Jacksonville Police Department Purchase vehicle and establish fire prevention program for City of Jesup Fire Department Develop family park in the City of Jonesboro Purchase equipment for Lake City

595
3,500
8,000 52,000
17,000
20,000 40,000 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

596

GENERAL ACTS AND RESOLUTIONS, VOL. I

City City of Lafayette
City of Leary City of Ludowici City of Ludowici City of Macon
City of Macon
City of Macon
City of Metter
City of Milan City of Milledgeville
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

Police Department Develop feasibility study and plan for water distribution evaluation in Lafayette 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 Promotion of the Fall Music Festival in the City of Macon Promote movie making and recording industry in Macon Purchase equipment for City of Metier Police Department Purchase trash truck for City of Milan Contract for services with the Oconee Family Crisis Center, Inc.
in Milledgeville Improvements to City of Millen Cemetery Develop Jasper County Farmer's Market Park in Monticello Construct multi-purpose playing field for Funderburg Park in
Monticello Contract for services with Prevention Plus Teen Center in
Morrow Renovate the former Morven High School building fo'r office
use Upgrade City of Ocilla recreational facilities 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

34,000 3,500 16,000 8,000 80,000
40,000 40,000
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

GEORGIA LAWS 2001 SESSION

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
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

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

Recreation 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

$

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 Savannah

Purchase police car for Screven Police

Department

$

Construction and land improvements for

Cobb Veterans'

Memorial in Smyrna

$

Complete ballfields for the City

Soperton

$

Purchase equipment for Sparks Police

Department

$

Revitalize downtown Sparta business

districts and sidewalks

$

Repair erosion problems for the City of

Stapleton

$

597
12,000 20,000 40,000 25,000
150,000 12,000 20,000 40,000 4,000 24,000 68,000
24,000 11,000
56,000 8,000
50,000 8,000
24,000 8,000
40,000

598

GENERAL ACTS AND RESOLUTIONS, VOL. I

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
City of Thunderbolt City of Twin City City of Tybee Island
City of Vienna
City of Warrenton
City of Warrenton City of Willahoochee City of Williamson City of Woodbury City of

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

recreation complex

$

Contract for services with the Genesis

Food Park in the City of

$

Thomasville

Refurbish track and re-roof equipment

storage building at

Thomasville

High School

$

Purchase multi-purpose vehicle for

Thomson Fire Department

$

Purchase/install lawn sprinkler system

for the Thunderbolt

Community Improvement Association $

Restore water well and upgrade water

lines in the City of

Thunderbolt

$

Refurbish museum in Thunderbolt cj>

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 Vienna

Renovate the City of Warrenton sports

complex and tennis

courts

Purchase two emergency generators for

City of Warrenton

Purchase playground equipment for

Willahoochee City Parks

Upgrade the City of Williamson water

system

Improvements to the Woodbury sewer

system

Renovate/repair downtown sidewalks in

20,000
28,000 12,000
62,000
12,000 24,000
1,500 52,000 16,000 12,000
20,000
33,000
12,000 32,000 4,000 12,000
40,000 8,000

GEORGIA LAWS 2001 SESSION

Wrightsville

Wrightsville

City of

Construct Yatesville Community

Yatesville

Library

Library

Trustees

$

City of Warner Contract for services from the Aviation

Robins

Museum in Warner

$

Robins

Clayton County Purchase/install playground system in $

Clayton County

City of Morrow Purchase supplies and equipment for the

Prevention Plus Teen

Center in the City of Morrow

$

City of Lake

Purchase voice analyzer and hire an

City

operator to assist in

criminal investigations in the City of

Lake City

$

Bleckley

Bleckley County Cochran Recreation

County

Commission

$

City of

Contract for services with the Arts

Hawkinsville Council in Hawkinsville

$

City of

Economic development study for

$

Savannah

Savannah

Buchanan

Renovation/repair of Buchanan Historic

County

County Courthouse

$

Columbus/Mus Contract for services with Springer

cogee

Opera House in Columbus

County

jc>

Columbus/Mus Contract for services with Woodruff

cogee

Civil War Museum in

County

Columbus/Muscogee County

$

Columbus/

Contract for services with Liberty

Muscogee

Theater in

County

Columbus/Muscogee County

$

City of Fargo Purchase/install playground equipment

for the City of Fargo

$

Effingham

Contract for services with the STARR

County

Program in Effingham

County

$

DeKalb County Contract for services with the Student

Learning and Achieving

$

in Math program in DeKalb County

Southwest

Contract for services with the Southwest

Georgia

Georgia Railroad

$

Railroad

Excursion Authority

599
40,000 80,000 30,000 13,000
10,000 25,000 15,000 65,000 450,000 125,000 100,000 125,000 20,000 10,000 40,000 150,000

600

GENERAL ACTS AND RESOLUTIONS, VOL. I

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 City of Concord Fulton County
DeKalb County
City of Columbus City of Lithia Springs Fayette County

Purchase fire knocker truck for St.

George Volunteer Fire

Department

$

Purchase fire knocker truck for Leslie

Volunteer Fire

Department

$

Purchase fire truck for Homerville

Volunteer Fire

$

Department

Purchase fire knocker truck for

Chaserville-Massee Volunteer

Fire Department

$

Purchase multi-purpose vehicle for

Thomson Volunteer Fire

Department

$

Renovate 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 Department

$

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

water/sewer system

$

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

Impact, Atlanta/DeKalb

County

$

Feasibility study and planning for a

trade center in Columbus

$

Construct Student Learning Center in

Lithia Springs

$

Capital outlay for park or other

$

60,000
70,000
60,000
60,000
25,000
15,000
30,000
30,000 75,000 50,000 250,000 280,000 25,000 100,000
150,000 265,000 450,000 350,000

GEORGIA LAWS 2001 SESSION

601

recreational purposes in Fayette

County

Miller County Construct an agricultural facility in

Miller County

Laurens County Purchase right-of -way and construct

roads for Laurens County

Cobb County Repair/renovate roof for Cobb Senior

Center

Greene County Construction and paving of all weather

Board of

track facility at the high school

Education

Ocmulgee

Purchase bookmobile for Ocmulgee

Regional

Regional Library

Library

Trustees

Mitchell

Operation and storm repairs for Mitchell

County

County Schools

Board of

Education

City of

Improvements to the Convention Center

Columbus

and Liberty Theater in Columbus

Richmond

Administration costs, land acquisition,

County

improvements and other capital outlay and

Development development costs to promote tourism,

Authority

community and economic development,

housing and housing rehabilitation,

medical research and healthcare facilities

in the City of Augusta/Richmond County,

including administration cost and land

acquisition, improvements and other

capital outlay and development costs

$

City of

Contract for services with the Augusta

Augusta/

Mini Theater

Richmond

County

City of Albany To provide funds for a stadium allowing a

joint use with Albany State University

in the City of Albany

$

City of Albany Construction of the Flint River Center in

the City of Albany

$

Haralson County Expand internet access in Haralson County $

Bibb County Contract for services with the Harriet

Tubman Museum in Bibb County

$

Cobb County Renovations/improvements to the Mable $

65,000 800,000 25,000 25,000
100,000
250,000 ,1,000,000
10,000,000
250,000
5,000,000 5,000,000 2,200,000 1,750,000 1,000,000

602

GENERAL ACTS AND RESOLUTIONS, VOL. I

House in Cobb County

City of Cairo Renovate the City of Cairo Syrup City

Arts Center

$

City of Dallas Construct a civic and economic center in

the City of Dallas

$

Hart County Contract for services with water and

sewage facilities in Hart

County

$

City of St.

Improvements to park and construct pool

Mary's

and water center in the City of St.

Mary's

$

Taliaferro

Construction/renovations to a gym, library

County BOE and other

infrastructure for

Taliaferro County High School

$

DeKalb County Contract for services with the South

DeKalb Senior Citizen's

Center in

DeKalb County

$

Stewart County Renovations to the Stewart County

Courthouse

$

City of Moultrie Construct a swimming and training facility

at the Moultrie Diving Facility aquatic

center

$

City of

Construction/improvements to museum

Tallapoosa

facility in the City of

Tallapoosa

$

City of Cochran Thompson Street Community Center in the

City of Cochran

$

Appling County Renovation of the Defense building in

Appling County

$

Cobb County Landscaping for Argyle School in the

BOE

Cobb County School

System

$

Dodge County Conference Center in Dodge County

$

City of Dallas Restoration of the Dallas Theater in the

City of Dallas

$

Murray County Provide post-secondary courses after hours

BOE

at Murray County

High School

$

Stephens County Purchase computers for Stephens County

BOE

High School

$

City of

Contract for services with the City of

Augusta/

Augusta's FORE! Program

Richmond

County

$

Pierce County Contract for services with the Lee Street

Resource Center in

Pierce County $

Cobb County Purchase band uniforms and equipment for

BOE

Walton High School in Cobb County $

1,000,000 1,000,000
600,000
985,000
1,130,000
150,000 250,000
100,000
50,000 189,000 150,000 25,000 500,000 250,000 125,460 63,000
250,000 125,000 75,000

____________GEORGIA LAWS 2001 SESSION__________603

Fulton County Purchase/install/renovate bleachers for

BOB

Riverwood High School in Fulton

County

$

City of Newnan Contract for services with Achievers

International for Student Exchange

Program

$

Stephens County Renovation of Stephens County High

BOE

School stadium for handicap

accessibility

$

City of Toccoa Contract for services with Toccoa

Rehabilitation Industries

$

City of

Purchase equipment for the Bloomingdale

Bloomingdale Fire Department

$

Southeast

Purchase furniture for a new building for

Georgia RDC the Southeast Georgia RDC

$

Jones County Reimburse Jones County for capital felony

expenses

$

Bacon County Reimburse Bacon County for capital

felony expenses

$

Brooks County Reimburse Brooks County for capital

felony expenses

$

Douglas County Provide for local recreation programs in

Douglas County

$

Columbia

Provide for local recreation programs in

County

Columbia County

$

Carroll County Provide for local recreation programs in

Carroll County

$

Coweta County Provide for local recreation programs in

Coweta County

$

Bryan County Provide for local recreation programs in

Bryan County

$

Floyd County Provide for local recreation programs in

Floyd County

$

Paulding County Provide for local recreation programs in

Paulding County

$

Forsyth County Provide for local recreation programs in

Forsyth County

$

Clay County Provide for local recreation programs in

Clay County

$

Butts County Provide for local recreation programs in

Butts County

$

Peach County Provide for local recreation programs in

Peach County

$

Murray County Provide for local recreation programs in

Murray County

$

73,000
20,000
50,000 60,000 25,000 50,000 100,000 200,000 150,000 10,000 10,000 10,000 10,000 10,000 10,000 10,000 10,000 10,000 10,000 10,000 10,000

604

GENERAL ACTS AND RESOLUTIONS, VOL. I

Clark County Provide for local recreation programs in

Clark County

$

Jackson County Provide for local recreation programs in

Jackson County

$

Cook County Provide for local recreation programs in

Cook County

$

Ware County Provide for local recreation programs in

Ware County

$

Thomas County Provide for local recreation programs in

Thomas County

$

Pike County Capitol Felony expenses

Board of

Commissioners

$

Union County Contract services with Suches Library

Board of

Education City of

$ Thunder Road/NASCAR Hall of Fame,

Dawsonville Dawsonville

$

Polk County Pave parking lot for Polk County Schools $

Macon County Contract for services with the Middle Flint

RDC for supplemental technical assistance

funds

$

City of Tybee Beach renourishment for the City of Tybee

Island

Island

$

Coweta County Operating funds for the Coweta

Emergency Foster Care Shelter

operations

$

Telfair County Purchase of land and infrastructure of Joint

Development Authority in Telfair County $

City of

Planning grant for the redevelopment of

Savannah

Cuyler Brownsville neighborhood

S

CiryofValdosta Construct and equip the Annette Turner

Arts Center in the City of Valdosta

$

Worth County Construction of an auditorium in Worth

County

$

10,000 10,000 10,000 10,000 10,000
50,000
250,000 100,000 150,000
25,000 450,000
50,000 1,000,000
500,000 -
500,000 750,000

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

____________GEORGIA LAWS 2001 SESSION__________605
program or a private entity, the intent is that the local government recipient contract for services of such a nature from the private entity.

If a local assistance grant states that it is for the purchase of property for a private entity or for the improvement of property of a private entity, the intent is that recipient contract for services of the private entity using the property.

Section 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 ofthose 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.

i FOvlucQ, triai oi tnc 3,00vc cipprourictiioiT i ciciiivc 10 i _> /u incentive srams 10 local school systems for implementing middle grades programs, such grants shall DC rritiQc to iocctt~scn0oi"SystGms'TOT~'Only tnosc scrvoo's containing r3dcs seven and eight or grades six, seven and eight which provide a minimum of 85 minutes S a of common preparation time during the student instructional day to each inicrciiScipiiriciry rcu.ni OT iCacnci s rcsponsiDic ror instruction in iciTiHUcijio ciris., mathematics, science and social studies, and which meet criteria and standards prescriDCCi DV ine ottiic uocirti Or LjCiuca.tion Tor niicicircr scnooi prorcinis.

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,

606______GENERAL ACTS AND RESOLUTIONS, VOL. 1_________ 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 ofcertification and not from the date of application; and the following maximum benefits and maximum standards of need shall apply:

Number in Asst. Group

Standards of Need

Maximum Monthly Amount

1

$235

$155

2

356

235

3

424

280

4

500

330

5

573

378

6

621

410

7

672

444

8

713

470

9

751

496

10

804

530

11

860

568

Provided, the Department of Human Resources is authorized to make supplemental payments on these maximum monthly amounts up to the amount that is equal to the minimum hourly wage for clients who are enrolled in subsidized work experience and subsidized employment.
Provided, the Department of Human Resources is authorized to transfer funds between the Personal Services object class and the Per Diem, Fees and Contracts subobject class at each of the MH/MR/SA institutions as needed to insure coverage for physician, nursing, physical therapy, and speech and hearing therapy services. Such transfers shall not require prior budgetary approval.
Provided, that ofthe 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.

____________GEORGIA LAWS 2001 SESSION__________607
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-ofwedlock pregnancies; and 4.) To encourage the formation and maintenance oftwoparent families.
Section 46. Provisions Relative to Section 22, Merit System of Personnel Administration.
The Department is authorized to assess no more than $137.00 per budgeted position for the cost of departmental operations 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 SPY 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 SPY 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,

608______GENERAL ACTS AND RESOLUTIONS, VOL. 1________
Coweta, Dekalb, Douglas, Fayette, Forsyth, Fulton, Gwinnett, Paulding, and Rockdale Counties.

Section 48.

Provisions Relative to Section 25, Department of Public Safety.

i nc vjOvci i iO" s V-/ITICC or ii*gfi\Vciv ijdTciv is ncrcoy Crirccrcci to Uiiii/jC 3nv cinci
**? ~2 all cl V cli IciDltTtinCjS TOT ifit plliuOSCOF inSicHIlilg, Cull Tj/OXtS On i ui a I 11 llCiSicHC
highways.

Section 49.

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 50.

Provisions Relative to Section 29, Department of Revenue.

For purposes of homeowner tax relief grants to counties and local school districts, the eligible assessed value of each qualified homestead in the state shall be $4,000 for the taxable year beginning January 1, 2000.

Section 51.

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 52.

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

____________GEORGIA LAWS 2001 SESSION__________609
additional appropriations or balances brought forward frcm 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.
In order to aid the Department in the discharge of its powers and duties pursuant to Section 32-2-2 of the Official Code of Georgia Annotated, and in compliance with Section 32-2-41 (b)(l), Q.C.G.A., the Department is authorized to transfer 1 position counts ociwccn oucigcr runcnonsprovided uicit tnc LrCpctmTidiiotoicii position count snail noi cxccco inc maximum nuiiiocr OT annual positions assignoo by law.
It is the express intent of this General Assembly, by this Act, that the use of motor fuel funds for the purpose of providing annual debt service on existing or new general obligation debt, for road purposes, issued by the State of Georgia, is for the sole and specific purpose of addressing the State's special need appropriation.
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 53.
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;

610______GENERAL ACTS AND RESOLUTIONS, VOL. I________
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 54.
To the extent to which Federal funds become available in amounts in excess of those contemplated in this Appropriations Act, such excess Federal funds shall be applied as follows, whenever feasible:
First, to supplant State funds which have been appropriated to supplant Federal funds, which such supplanted State funds shall thereupon be removed from the annual operating budgets; and
Second, to further supplant State funds to the extent necessary to maintain the effective matching ratio experienced in the immediately preceding fiscal year, which such supplanted State funds shall thereupon be removed from the annual operating budgets.
The Office of Planning and Budget shall utilize its budgetary and fiscal authority so as to accomplish the above stated intent to the greatest degree feasible. At the end of this fiscal year, said Office of Planning and Budget shall provide written notice to the members of the Appropriations Committees of the Senate and House of Representatives of the instances of noncompliance with the stated intent of this Section.
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

____________GEORGIA LAWS 2001 SESSION__________611
the House and Senate Appropriations Committees.
Section 55.
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 56.
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 57.
No State appropriations authorized under this Act shall be used to continue programs currently funded entirely with Federal funds.
Section 58.
In accordance with the requirements of Article IX, Section VI, Paragraph la of the Constitution of the State of Georgia, as amended, there is hereby appropriated payable to each department, agency, or institution of the State sums sufficient to satisfy the payments required to be made in each year, under existing lease contracts between any department, agency, or institution of the State, and any authority created and activated at the time of the effective date of the aforesaid constitutional provision, as amended, or appropriated for the State fiscal year addressed within this Act. If for any reason any of the sums herein provided under any other provision of this Act are insufficient to make the required payments in full, there shall be taken from other funds appropriated to the department, agency or institution involved, an amount sufficient to satisfy such deficiency in full and the lease payment constitutes a first charge on all such appropriations.
Section 59.
(a.) All expenditures and appropriations made and authorized under this Act shall be according to the programs and activities as specified in the Governor's recommendations contained in the Budget Report submitted to the General Assembly at the 2000 Regular Session, except as provided, however, the Director ofthe 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

612______GENERAL ACTS AND RESOLUTIONS, VOL. I_______
require operating funds or capital outlay funds beyond the fiscal year to which this Appropriation Act applies; and provided, further, that no funds whatsoever shall be transferred between object classes without the prior approval of at least eleven members of the Fiscal Affairs Subcommittees in a meeting called to consider said transfers. This Section shall apply to all funds of each budget unit from whatever source derived. The State Auditor shall make an annual report to the Appropriations Committees of the Senate and House of Representatives of all instances revealed in his audit in which the expenditures by object class of any department, bureau, board, commission, institution or other agency of this State are in violation of this Section or in violation of any amendments properly approved by the Director of the Budget.
(b.) (1.) For purposes of this Section, the term "common object classes" shall include only Personal Services, Regular Operating Expenses, Travel, Motor Vehicle Equipment Purchases, Postage, Equipment Purchases, Computer Charges, Real Estate Rentals and Telecommunications.
(b.) (2.) For each Budget Unit's common object classes in this Act, the appropriations shall be as follows: Expenditures of no more than 102% of the stated amount for each common object class are authorized. However, the total expenditure for the group may not exceed the sum of the stated amounts for the separate object classes of the group.
(b.) (3.) It is the further intent of the General Assembly that this principle shall be applied as well when common object class amounts are properly amended in the administration of the annual operating budget.
Section 60.
Wherever in this Act the terms "Budget Unit Object Classes" or "Combined Object Classes For Section" are used, it shall mean that the object classification following such term shall apply to the total expenditures within the Budget Unit or combination of budget units within a designated section, respectively, and shall supersede the object classification shown in the Governor's Budget Report.
For budget units within the Legislative Branch, all transfers shall require prior approval of at least eight members of the Legislative Services Committee in a meeting ofsuch Committee, except that no approval shall be required for transfers within the Senate Functional Budget or the House Functional Budget.
Section 61.
o CQ i TiCrc is fiCrcoy cippropricirvQ aSocciTic SUITI or I'cticrdi &rc*ni TUIIQS, Scim spcciTiv > a; gum being equal to the total of the Federal grant funds available in excess of the

____________GEORGIA LAWS 2001 SESSION__________613
cHYiOunrs OT sucii ruiiQS cipproijricircQ in tnc Torcoin2 sections or inis /\ci5 Tor me purpose OT suj3|j icHiiirig cippropi i3.icci j>tciic luiios, \virivn kjLciic TuriuS siia.il tnci cupoii DC UrielVciiicic/iCTor cxpentiimrc unrcssrt/ctppropriciicti uy irrc vjcor^ici vjcrivrcii Assembly. This provision shall not apply to project grant funds not appropriated in this Act.
Section 62. Provisions Relative to Section 38, State of Georgia General Obligation Debt Sinking Fund.
With regard to the appropriations in Section 38 to the "State of Georgia General Obligation Debt Sinking Fund" for authorizing new debt, the maximum maturities, user agencies and user authorities, purposes, maximum principal amounts and particular appropriations of highest annual debt service requirements of the new debt are specified as follows:
From the appropriation designated "State General Funds (New)," $8,090,100 is specifically appropriated for the purpose of financing educational facilities for county and independent school systems through the State Board of Education, through the issuance of not more than $90,900,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
From the appropriation designated "State General Funds (New)," $115,700 is specifically appropriated for the purpose of financing projects and facilities at the Georgia School for the Deaf through the State Board of Education, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $1,300,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
From the appropriation designated "State General Funds (New)," $60,965 is specifically appropriated for the purpose of financing projects and facilities at the Georgia Academy for the Blind through the State Board of Education, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $685,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
From the appropriation designated "State General Funds (New)," $2,524,860 is specifically appropriated for the purpose of financing educational facilities for

614______GENERAL ACTS AND RESOLUTIONS, VOL. I________
county and independent school systems through the State Board of Education through the issuance of not more than $ 10,790,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.
From the appropriation designated "State General Funds (New)," $2,689,830 is specifically appropriated for the purpose of financing projects and facilities for the Board of Regents of the University System of Georgia, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $ 11,495,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.
From the appropriation designated "State General Funds (New)," $8,127,925 is specifically appropriated for the purpose of financing projects and facilities for the Board of Regents of the University System of Georgia, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $91,325,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
From the appropriation designated "State General Funds (New)," $166,140 is specifically appropriated for the purpose of financing projects and facilities for the Board of Regents of the University System of Georgia, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $710,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.
From the appropriation designated "State General Funds (New)," $1,684,800 is specifically appropriated for the purpose of financing projects and facilities for the Board of Regents of the University System of Georgia, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $7,200,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.
From the appropriation designated "State General Funds (New)," $818,800 is specifically appropriated for the purpose of financing projects and facilities for the Board of Regents of the University System of Georgia, by means of the

____________GEORGIA LAWS 2001 SESSION__________615
acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $9,200,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
From the appropriation designated "State General Funds (New)," $3,287,660 is specifically appropriated forthe purpose of financing projects and facilities forthe Board of Regents of the University System of Georgia, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $36,940,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
From the appropriation designated "State General Funds (New)," $117,000 is specifically appropriated forthe purpose of financing projects and facilities forthe Board of Regents of the University System of Georgia, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $500,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.
From the appropriation designated "State General Funds (New)," $2,937,000 is specifically appropriated for the purpose of financing projects and facilities forthe Board of Regents of the University System of Georgia, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $33,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
From the appropriation designated "State General Funds (New)," $421,200 is specifically appropriated forthe purpose of financing projects and facilities forthe Board of Regents of the University System of Georgia, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $1,800,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.

616______GENERAL ACTS AND RESOLUTIONS, VOL. I_______
From the appropriation designated "State General Funds (New)," $4,810,005 is specifically appropriated for the purpose of financing projects and facilities for the Department of Technical and Adult Education, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $54,045,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
From the appropriation designated "State General Funds (New)," $133,380 is specifical ly appropriated for the purpose of financing projects and facilities for the Department of Technical and Adult Education, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $570,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.
From the appropriation designated "State General Funds (New)," $341,760 is specifically appropriated for the purpose offinancing projects and facilities for the Department of Technical and Adult Education, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $3,840,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
From the appropriation designated "State General Funds (New)," $587,400 is specifically appropriated for the purpose of financing projects and facilities for the Department of Technical and Adult Education, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $6,600,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
From the appropriation designated "State General Funds (New)," $7,085,520 is specifically appropriated for the purpose of financing projects and facilities for the Department of Technical and Adult Education, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of

____________GEORGIA LAWS 2001 SESSION__________617
not more than $30,280,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.
From the appropriation designated "State General Funds (New)," $158,865 is specifically appropriated for the purpose offinancing projects and facilities for the Department of Technical and Adult Education, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $1,785,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
From the appropriation designated "State General Funds (New)," $2,225,000 is specifically appropriated for Georgia Environmental Facilities Authority for the purpose of financing loans to local governments and local government entities for water or sewerage facilities or systems, through the issuance of not more than $25,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
From the appropriation designated "State General Funds (New)," $267,000 is specifically appropriated for the purpose of financing projects and facilities forme Georgia Building Authority, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance ofnot more than $3,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
From the appropriation designated "State General Funds (New)," $5,668,410 is specifically appropriated for the purpose of financing projects and facilities forthe Department of Natural Resources, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $63,690,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
From the appropriation designated "State General Funds (New)," $ 1,404,000 is specifically appropriated for the purpose of financing projects and facilities for the Georgia Ports Authority, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $6,000,000 in principal amount of General Obligation Debt, the instruments of which shall

618______GENERAL ACTS AND RESOLUTIONS, VOL. 1________
have maturities not in excess of sixty months.
From the appropriation designated "State General Funds (New)," $3,510,000 is specifically appropriated for the purpose of financing the George L. Smith II Georgia World Congress Center projects and facilities for the Department of Industry, Trade, and Tourism, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $15,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.
From the appropriation designated "State General Funds (New)," $151,300 is specifically appropriated for the purpose of financing the George L. Smith II Georgia World Congress Center projects and facilities for the Department of Industry, Trade, and Tourism, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $1,700,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
From the appropriation designated "State General Funds (New)," $222,500 is specifically appropriated forthe purpose of financing projects and facilities forthe Jekyll Island State Park Authority, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $2,500,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
From the appropriation designated "State General Funds (New)," $389,375 is specifically appropriated forthe purpose of financing projects and facilities for the Department of Transportation, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance ofnot more than $4,375,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
From the appropriation designated "State General Funds (New)," $ 1,691,000 is specifically appropriated forthe purpose offinancing projects and facilities forthe Department of Transportation, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal,

____________GEORGIA LAWS 2001 SESSION__________619
necessary or usefiil in connection therewith, through the issuance ofnot more than $19,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
From the appropriation designated "State General Funds (New)," $302,600 is specifically appropriated for the purpose of financing projects and facilities for the Department of Labor, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $3,400,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
From the appropriation designated "State General Funds (New)," $200,250 is specifically appropriated for the purpose offinancing projects and facilities for the Department of Juvenile Justice, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $2,250,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
From the appropriation designated "State General Funds (New)," $382,700 is specifically appropriated for the purpose of financing projects and facilities for the Department of Juvenile Justice, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $4,300,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
From the appropriation designated "State General Funds (New)," $61,410 is specifically appropriated forthe purpose offinancing projects and facilities forthe Department of Juvenile Justice, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $690,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
From the appropriation designated "State General Funds (New)," $198,915 is specifically appropriated for the purpose of financing projects and facilities for the Department of Juvenile Justice, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal,

620______GENERAL ACTS AND RESOLUTIONS, VOL. I_______
necessary or useful in connection therewith, through the issuance of not more than $2,235,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
From the appropriation designated "State General Funds (New)," $315,950 is specifically appropriated for the purpose of financing projects and facilities for the Department of Juvenile Justice, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $3,550,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
From the appropriation designated "State General Funds (New)," $648,180 is specifically appropriated forthe purpose of financing projects and facilities for the Department of Juvenile Justice, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $2,770,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.
From the appropriation designated "State General Funds (New)," $210,040 is specifically appropriated forthe purpose of financing projects and facilities for the Department of Juvenile Justice, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $2,360,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
From the appropriation designated "State General Funds (New)," $972,770 is specifically appropriated forthe purpose of financing projects and facilities for the Department of Human Resources, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $10,930,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
From the appropriation designated "State General Funds (New)," $16,380 is specifically appropriated forthe purpose offinancing projects and facilities for the Department of Human Resources, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal,

____________GEORGIA LAWS 2001 SESSION__________621
necessary or useful in connection therewith, through the issuance ofnot more than $70,000 in principal amount ofGeneral Obligation Debt, the instruments ofwhich shall have maturities not in excess of sixty months.
From the appropriation designated "State General Funds (New)," $132,610 is specifically appropriated for the purpose offinancing projects and facilities for the Department of Veterans Service, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $1,490,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
From the appropriation designated "State General Funds (New)," $38,270 is specifically appropriated for the purpose of financing projects and facilities for the Georgia Bureau of Investigation, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $430,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
From the appropriation designated "State General Funds (New)," $434,320 is specifically appropriated for the purpose of financing projects and facilities for the Georgia Bureau of Investigation, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $4,880,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
From the appropriation designated "State General Funds (New)," $208,705 is specifically appropriated for the purpose offinancing projects and facilities for the Georgia Bureau of Investigation, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $2,345,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
From the appropriation designated "State General Funds (New)," $153,080 is specifically appropriated forthe purpose offinancing projects and facilities for the Department of Corrections, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal,

622______GENERAL ACTS AND RESOLUTIONS, VOL. I________
necessary or useful in connection therewith, through the issuance of not more than $1,720,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
From the appropriation designated "State General Funds (New)," $106,800 is specifically appropriated for the purpose of financing projects and facilities for the Department of Corrections, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $1,200,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
From the appropriation designated "State General Funds (New)," $114,810 is specifically appropriated for the purpose of financing projects and facilities for the Department of Corrections, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $1,290,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
From the appropriation designated "State General Funds (New)," $94,340 is specifically appropriated forthe purpose of financing projects and facilities forthe Department of Corrections, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $1,060,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
From the appropriation designated "State General Funds (New)," $262,995 is specifically appropriated for the purpose offinancing projects and facilities for the Department of Corrections, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $2,955,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
From the appropriation designated "State General Funds (New)," $97,900 is specifically appropriated forthe purpose offinancing projects and facilities for the Department of Corrections, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal,

____________GEORGIA LAWS 2001 SESSION__________623
necessary or useful in connection therewith, through the issuance ofnot more than $1,100,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
From the appropriation designated "State General Funds (New)," $93,005 is specifically appropriated for the purpose of financing projects and facilities for the Department of Corrections, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $1,045,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
From the appropriation designated "State General Funds (New)," $35,100 is specifically appropriated for the purpose offinancing projects and facilities for the Department of Corrections, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $150,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.
From the appropriation designated "State General Funds (New)," $178,000 is specifically appropriated for the purpose of financing projects and facilities for the Department of Defense, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $2,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
From the appropriation designated "State General Funds (New)," $178,000 is specifically appropriated for the purpose of financing projects and facilities for the Department of Agriculture, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $2,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
From the appropriation designated "State General Funds (New)," $364,900 is specifically appropriated for the purpose of financing projects and facilities for the Georgia Building Authority, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal,

624_______GENERAL ACTS AND RESOLUTIONS, VOL. 1__________
necessary or useful in connection therewith, through the issuance of not more than $4,100,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
From the appropriation designated "State General Funds (New)," $ 1,068,000 is specifically appropriated for the purpose of financing projects and facilities for the Georgia Building Authority, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $12,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
From the appropriation designated "State General Funds (New)," $58,500 is specifically appropriated for the purpose of financing projects and facilities for the Georgia Building Authority, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $250,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.
From the appropriation designated "State General Funds (New)," $267,000 is specifically appropriated for the purpose of financing projects and facilities of the state, its agencies, departments, institutions, and of those state authorities which were created and activated prior to November 8, 1960, through the Georgia State Financing and Investment Commission, by means ofthe acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $3,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
From the appropriation designated "State General Funds (New)," $1,317,200 is specifically appropriated for the purpose of financing projects and facilities for the Department of Transportation, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $14,800,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
From the appropriation designated "State General Funds (New)," $1,793,350 is w LIJ spcciiiCciily cippioprititCQ tortrie pmiiyose OT rinciriCins projects dTrcrTciciiities ror toe
LJcp<irtnientor i UDIIC ociTerv, DV mccini>or trie ciCQUisiiion, construction.

____________GEORGIA LAWS 2001 SESSION__________625
development, extension, enlargement, or improvement of land, waters, property, nigii\V9VS, DuiiQiiiss, siruciurcs, Gciu11)incni or TU.CI lines, ooin rcdr cinci persoricir, necessary oruscrui in connection ifiC'iCvviin, inrougn me issuance ornot mote incui $20,150,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
From the appropriation designated "State General Funds (New)," $222,500 is specifically appropriated for the purpose of financing projects and facilities for the Board of Regents of the University System of Georgia to provide public library facilities by grant to the governing board of the City of Cartersville for that library, through the issuance of not more than $2,500,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
From the appropriation designated "State General Funds (New)," $140,400 is specifically appropriated for the purpose of financing projects and facilities for the Board of Regents of the University System of Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $600,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.
From the appropriation designated "State General Funds (New)," $89,000 is specifically appropriated for the purpose of financing projects and facilities for the Department of Transportation by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $1,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
From the appropriation designated "State General Funds (New)," $66,750 is specifically appropriated for the purpose offinancing projects and facilities for the Department of Technical and Adult Education by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $750,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
From the appropriation designated "State General Funds (New)," $3,042,000 is specifically appropriated for the purpose of financing projects and facilities for the Board of Regents of the University System of Georgiaby means of the acquisition,

626________GENERAL ACTS AND RESOLUTIONS, VOL. I_________
construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $13,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.
From the appropriation designated "State General Funds (New)," $4,450,000 is specifically appropriated for the purpose of financing projects and facilities for the Department of Transportation by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $50,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
From the appropriation designated "State General Funds (New)," $40,050 is specifically appropriated for the purpose of financing projects and facilities for the Board of Regents ofthe University System ofGeorgia by means ofthe acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $450,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
From the appropriation designated "State General Funds (New)," $118,815 is specifically appropriated for the purpose of financing projects and facilities for the Georgia Building Authority by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $1,335,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
Section 63. TOTAL STATE FUND APPROPRIATIONS

State Fiscal Year 2001

$ 15,273,099,418

Section 64.

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

________ Section 65.

GEORGIA LAWS 2001 SESSION__________627

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

Section 2.

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

Section 3.

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

Approved April 26, 2001.

628______GENERAL ACTS AND RESOLUTIONS, VOL. I_______
STATE GOVERNMENT - APPROPRIATIONS; S.F.Y. 2001-2002.

No. 215 (House Bill No. 175).

AN ACT

To make and provide appropriations for the State Fiscal Year beginning July 1, 2001, and ending June 30, 2002; 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.

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, 2001, and ending June 30, 2002, 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 $14,433,000,000 (excluding indigent trust fund receipts, tobacco fund receipts and lottery receipts) for State Fiscal Year 2002.

PART I.

LEGISLATIVE BRANCH

Section 1. General Assembly
State Funds 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 and Fees - Staff Contracts - Staff

$ 35,789,123

$ 18,637,818

$ 5,580,966

$ 2,640,384

$ 135,000

$

3,500

$

0

$

0

$ 1,330,000

$ 390,200

$

5,000

$ 693,000

$ 94,767

$ 90,000

GEORGIA LAWS 2001 SESSION

629

Per Diem and Fees - Elected Officials Contracts - Elected Officials Photography Expense Reimbursement Account
Total Funds Budgeted
State Funds Budgeted

$ 3,686,488 $ 745,000 $ 105,000 $ 1,652,000
S 35,789,123
$ 35,789,123

Total Funds State Funds

Senate and Research Office

$ 6,203,586 $ 6,203,586

Lt. Governor's Office

$ 1,116,097 $ 1,116,097

Secretary of the Senate's Office

$ 1,381,454 $ 1,381,454

Total

$ 8,701,137 $ 8,701,137

House Functional Budgets

Total Funds State Funds

House of Representatives and Research Office $ 13,556,950 $ 13,556,950

Speaker of the House's Office

$

473,527 $ 473,527

Clerk of the House's Office

$ 1,546,655 $ 1,546,655

Total Joint Functional Budgets

$ 15,577,132 $ 15,577,132

Total Funds State Funds

Legislative Counsel's Office

$ 3,655,653 $ 3,655,653

Legislative Fiscal Office

$ 2,564,415 $ 2,564,415

Legislative Budget Office

$ 1,188,886 $ 1,188,886

Ancillary Activities

$ 3,686,063 $ 3,686,063

Budgetary Responsibility Oversight

Committee

$ 415,837 $ 415,837

Total

S 11,510,854 $ 11,510,854

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 ofthe 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

630______GENERAL ACTS AND RESOLUTIONS, VOL. 1_______
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 ofthe Legislative Branch ofGovernment; 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.

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.
State Funds Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Real Estate Rentals Per Diem and Fees Contracts Computer Charges Telecommunications
Total Funds Budgeted
State Funds Budgeted

$ 30,832,595 $ 25,699,095

$

817,300

$

550,000

$

115,000

$

180,000

$ 1,034,200

$

245,000

$

0

$ 1,872,000

$

320,000

$ 30,832,595

$ 30,832,595

PART II JUDICIAL BRANCH

Section 3. Judicial Branch.
State Funds Personal Services Other Operating
Prosecuting Attorney's Council Judicial Administrative Districts Payment to Council of Superior Court Clerks Payment to Resource Center

$ 136,226,539

$ 17,074,391

$ 115,253,479

$ 3,534,930

$ 1,911,046

$

40,000

$ 800,000

GEORGIA LAWS 2001 SESSION

631

Computerized Information Network Total Funds Budgeted State Funds Budgeted
Judicial Branch Functional Budgets

Supreme Court

$

Court of Appeals

$

Superior Court - Judges

$

Superior Court - District Attorneys

$

Juvenile Court

$

Institute of Continuing Judicial Education $

Judicial Council

$

Judicial Qualifications Commission

$

Indigent Defense Council

$

Georgia Courts Automation Commission $

Georgia Office Of Dispute Resolution

$

Total

$

$ 618,628 S 139,232,474
$ 136,226,539
Total Funds State Funds 8,602,935 $ 7,382,486 11,239,760 $ 11,143,760
49,167,146 $ 49,167,146 45,130,042 $ 43,586,137
1,424,347 $ 1,424,347 1,133,843 $ 1,133,843 12,760,967 $ 12,615,386
271,476 $ 271,476 6,659,946 $ 6,659,946 2,500,030 $ 2,500,030
341,982 $ 341,982 139,232,474 $ 136,226,539

Section 4. Department of Administrative Services
A. Budget Unit: State Funds - Department of Administrative Services
Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem and Fees 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

S 48,668,185

$ 69,823,012

$ 14,590,887

$ 554,141

$

90,504

$ 3,403,424

$ 2,403,912

$ 6,644,930

$ 435,966

$ 45,970,626

$ 911,092

$ 25,110,400

$

0

$

0

$ 2,350,000

$ 539,022

$ 83,579,757

$ 683,484

$ 26,939,840

$ 496,375

$

35,000

$

48,500

$

75,000

$ 500,000

$

0

632

GENERAL ACTS AND RESOLUTIONS, VOL. I

Payments to Georgia Technology Authority

$ 3,650,000

Removal of Hazardous Waste

$ 100,000

Total Funds Budgeted

S 288,935,872

State Funds Budgeted Departmental Functional Budgets

$ 48,668,185

Total Funds State Funds

Administration

$ 11,574,275 $ 6,866,913

Support Services

$ 29,571,317 $ 874,721

Statewide Business

$ 3,808,101 $ 3,778,731

Information Technology

$ 222,615,417 $ 27,950,763

Risk Management

$ 4,056,180

530,453

State Properties Commission

$ 775,048 $ 775,048

Office of the Treasury

$ 2,056,157 $ 566,386

State Office of Administrative Hearings

$ 4,913,438 $ 4,609,514

Executive Administration

$ 4,094,101 $ 2,692,238

Customer Service

$ 5,471,838 $

23,418

Total

$ 288,935,872 $ 48,668,185

B. Budget Unit: Stae Funds - Georgia

Building Authority

$

0

Personal Services

$ 21,203,323

Regular Operating Expenses

$ 7,830,905

Travel

$

13,000

Motor Vehicle Purchases

$ 200,000

Equipment

$

90,000

Computer Charges

$ 322,000

Real Estate Rentals

$

15,071

Telecommunications

$ 261,916

Per Diem and Fees

$ 682,389

Contracts

$

85,000

Capital Outlay

$ 5,508,583

Utilities

$ 7,637,639

Contractual Expense Facilities Renovations and Repairs

$

~'00

$

Total Funds Budgeted

$ 43,849,826

State Funds Budgeted Departmental Functional Budgets

$

0

Total Funds State Funds

Executive Division

$ 1,335,963 $

0

Facilities Operations

$ 25,665,368 $

0

Property Resources

$ 6,296,300 $

0

Internal Operations

$ 2,893,033 $

0

Transportation

$ 3,252,852 $

0

External Operations

$ 4,406,310 $

0

Total

$ 43,849,826 $

0

GEORGIA LAWS 2001 SESSION

633

Section 5. Department of Agriculture.
State Funds Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem and Fees 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 Renovation, Construction, Repairs and Maintenance Projects at Major and Minor Markets Capital Outlay Contract - Federation of Southern Cooperatives Boll Weevil Eradication Program
Total Funds Budgeted
State Funds Budgeted Departmental Functional Budgets

Plant Industry

$

Animal Industry

$

Marketing

$

Internal Administration

$

Fuel and Measures

$

Consumer Protection Field Forces

$

Seed Technology

$

Total

$

Total Funds 9,516,194 17,658,678 7,548,397 7,530,937 3,994,780 8,566,822 678,539
55,494,347

$ 43,666,753 $ 35,535,875
4,343,606 $ 1,027,928
287,963 512,082 $ 667,341 $ 1,132,197 $ 398,176 $ 33,500 $ 1,923,644 $ 1,143,240
$ 3,612,106

3,228,689 250,000 30,000 525,000

$ 703,000

$ 100,000

$ 40,000

$

0

$ 55,494,347

$ 43,666,753

State Funds

$ 8,735,194

$ 14,526,543

$ 3,873,397

$ 7,343,937

$ 3,865,080

$ 5,322,602

$

0

$ 43,666,753

Section 6. Department of Banking and Finance.
State Funds Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases

$ 11,547,248 $ 9,535,292 $ 472,000 $ 475,103 $ 125,833

634______GENERAL ACTS AND RESOLUTIONS, VOL. I

Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem and Fees Contracts

Total Funds Budgeted State Funds Budgeted

$ 34,347 $ 309,790 $ 487,056

$ 94,392

$ 13,435

$

0

$ 11,547,248

$ 11,547,248

Section 7. Department of Community Affairs.
State Funds Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Real Estate Rentals Per Diem and Fees Contracts Computer Charges Telecommunications Capital Felony Expense Contracts for Regional Planning and Development 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 -
GHFA EZ/EC Administration EZ/EC Grants Regional Economic Development Grants Contracts for Homeless Assistance HUD Section 8 Rental Assistance Georgia Regional Transportation Authority GHFA - Georgia Cities Foundation Georgia Leadership Unfrastructure Investment Fund Quality Growth Program

$ 60,097,040

$ 21,767,998

$ 2,586,380

$ 697,747

$

0

$ 388,544

$ 1,490,253

$ 1,099,415

$ 565,166

$ 539,939

$ 515,424

$

0

$ 2,204,851

$ 27,755,322

$ 133,355

$ 30,000,000

$ 315,000

$ 5,000,000

$ 3,165,581

$

0

$ 617,500

$ 3,281,250

$ 946,081

$ 3,000,000

$

0

$

0

$ 1,128,125

$ 1,250,000

$ 50,000,000

$ 4,678,619

$

0

$ 550,000

$ 250,000

_____________GEORGIA LAWS 2001 SESSION___________635

Total Funds Budgeted

$163,926,550

State Funds Budgeted Departmental Functional Budgets

$ 60,097,040

Total Funds State Funds

Executive Division

$ 34,292,986 S 34,121,242

Planning and Environmental Management Divisions 4,767,448 $ 4,539,372

Business and Financial Assistance Division

$37,189,881 $ 5,583,740

Housing Finance Division

$ 8,338,332 $ 3,165,941

Finance Division

$ 3,538,933 $ 1,854,446

Administrative and Computer Support Division $ 2,266,520 $ 784,602

Georgia Music Hall of Fame Division

$ 1,863,955 $ 949,629

Community Services Division

$ 66,268,441 $ 3,698,014

Rural Development Division

$ 5,400,054 $ 5,400,054

Total

$163,926,550 $ 60,097,040

Section 8. Department of Community Health. A. Budget Unit: State Funds - Medicaid Medicaid Services Tobacco Funds Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem and Fees 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 Medical Student Capitation
Residency
Mercer School of Medicine Grant Morehouse School of Medicine Grant SREB Payments

$ 1,329,366,187

$ 16,046,291

$ 32,371,240

$ 6,930,000

$

410,924

$

0

$

80,136

$ 49,269,665

$ 1,393,130

$

758,249

$ 1,669,771

$ 402,376,345

$ 3,916,451,129

$ 1,097,500

$

64,732

$

183,244

$

764,826

$ 1,009,000,000

$

27,000

$

400,000

$

762,000

$ 4,137,000

$ 2,202,803

$

175,000

$ 3,889,600

$ 18,790,098

$ 7,394,890

$

474,625

636

GENERAL ACTS AND RESOLUTIONS, VOL. 1

Pediatric Residency Capitation

$

474,240

Preventive Medicine Capitation

$

120,000

Total Funds Budgeted

$5,461,668,147

Tobacco Funds Budgeted

$ 16,046,291

State Funds Budgeted Departmental Functional Budgets

$1,329,366,187

Total Funds State Funds

Commissioner's Office

$ 3,398,711 $ 2,929,775

Medicaid Benefits, Penalties and

Disallowances

$3,916,451,129 $1,225,873,911

Program Management - Medicaid

$ 38,558,809 $ 15,014,326

Systems Management - Medicaid

$ 57,124,554 $ 12,157,122

Office of General Counsel

$ 1,297,322 $

735,582

Office of Communications

$ 517,761 $

258,881

Office of Human Resources

$ 396,116 $

243,611

General Administration

$ 78,039,473 $ 3,194,694

Minority Health

$ 681,660 $

533,337

Women's Health

$ 487,663 $

451,088

Employee Health Benefits

$1,314,117,295 $ 34,000,000

Health Planning

$ 1,929,690 $ 1,749,184

Georgia Board for Physician Workforce

$ 38,135,458 $ 38,135,458

Board of Medical Examiners

$ 2,569,729 $ 2,569,729

Medical Education Board

$ 1,462,134 $ 1 ,462,134

Primary and Rural Health

$ 6,500,643 $ 6,103,646

Total

$5,461,668,147 $1,345,412,478

B. Budget Unit: State Funds - Indigent Trust Fund
Per Diem and Fees Contracts Benefits
Total Funds Budgeted State Funds Budgeted

$ 148,828,880

$

0

$ 8,200,000

$ 360,067,504

$ 368,267,504

$ 148,828,880

C. Budget Unit: State Funds - Peach Care for Kids
Tobacco Funds Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem and Fees Contracts

$ 29,519,637

$ 29,519,637

$ 4,575,922

$

384,792

$

120,254

$

50,000

$

0

$

1,155

$

250,000

$

0

$

12,350

$

0

$ 5,325,376

GEORGIA LAWS 2001 SESSION

637

PeachCare Benefits, Penalties and Disallowances
Total Funds Budgeted Tobacco Funds Budgeted
State Funds Budgeted

$ 112,542,648 $ 118,686,575 $ 4,575,922 $ 29,519,637

Section 9. Department of Corrections.

State Funds - Administration, Institutions

and Probation

$944,733,483

Personal Services

$603,139,970

Regular Operating Expenses

$ 69,486,909

Travel

$ 2,406,420

Motor Vehicle Purchases

$ 1,108,304

Equipment

$ 4,033,899

Computer Charges

$ 6,144,439

Real Estate Rentals

$ 6,943,052

Telecommunications

$ 8,015,690

Per Diem and Fees

$ 56,000

Contracts

$ 80,819,604

Capital Outlay

$

0

Utilities

$ 24,966,267

Court Costs

$ 1,300,000

County Subsidy

$ 31,250,000

County Subsidy for Jails

$ 5,450,000

County Workcamp Construction Grants

$

0

Central Repair Fund

$ 1,093,624

Payments to Central State Hospital for Meals

$ 4,568,025

Payments to Central State Hospital for Utilities

$ 1,627,150

Payments to Public Safety for Meals

$ 577,160

Inmate Release Fund

$ 1,450,000

Health Services Purchases

$111,000,830

University of Georgia - College of Veterinary

Medicine Contracts

$ 449,944

Minor Construction Fund

$ 1,131,000

Total Funds Budgeted

$967,018,287

Indirect DO AS Funding

$ 450,000

State Funds Budgeted

$944,733,483

Departmental Functional Budgets

Total Funds State Funds

Executive Operations

3 32,470,869 $ 31,663,869

Administration

3 25,415,335 $ 25,415,335

Human Resources

5 135,463,818 $126,999,609

Field Probation

3 72,760,301 $ 72,760,301

Facilities

! 700,907,964 $687,894,369

Total

S 967,018,287 $944,733,483

638

GENERAL ACTS AND RESOLUTIONS, VOL. I

Section 10. Department of Defense.

State Funds Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases

Equipment

Computer Charges

Real Estate Rentals

Telecommunications

Per Diem and Fees

Contracts

Capital Outlay

Total Funds Budgeted

State Funds Budgeted Departmental Functional Budgets

Total Funds

Office of the Adjutant General Georgia Air National Guard Georgia Army National Guard

$

2,492,178

$

6,289,299

$

24,716,845

Total

$

33,498,322

$ 8,667,157 15,251,419

$ 15,745,167

$ 89,875

$

0

$ 45,500

$ 123,625

$ 44,010

$ 1,021,973

$ 482,753

$ 694,000

$

0

$ 33,498,322

$ 8,667,157

State Funds $ 2,232,436 $ 804,726 $ 5,629,995 $ 8,667,157

Section 11. State Board of Education
A. Budget Unit: State Funds - Department of Education
Tobacco Funds Operations: Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Real Estate Rentals Per Diem and Fees 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

$ 5,886,772,014

$ 30,000,000

$ 41,326,664

$ 8,129,184

$ 1,494,925

$

17,088

$

357,592

$ 1,110,653-

$

506,965

$ 30,639,100

$ 11,398,719

$ 2,315,865

$

800,451

$

0

$ 1,569,114,251 $ 1,403,256,384 $ 681,132,685 $ 47,801,691 $ 62,306,561 $ 173.702,121

____________GEORGIA LAWS 2001 SESSION__________639

Special Education Gifted Remedial Education Additional Instruction Staff Development and Professional Development
Media Indirect Cost Pupil Transportation Local Five Mill Share 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 - Middle School Charter Schools Emergency Immigrant Education Program Title VI

$ 654,246,530 $ 135,013,658 $ 20,132,696 $ 44,653,187

$ 38,903,518

$ 149,042,453

$ 862,318,791

$ 175,076,220

$ (1,004,314,160)

$

0

$ 194,516,678

$ 253,458,512

$ 6,548,910

$

852,291

$

500,000

$ 4,340,000

$ 51,193,896

$ 27,650,639

$

293,520

$ 236,086,129

$ 4,025,312

$ 133,835,313

$ 5,508,750

$ 1,900,000

$

756,500

$ 188,375,722

$

267,333

$

96J ,413

$ 8,000,000

$

0

$ 21,084,506

$ 1,250,000

$

100,000

$ 1,608,000

$ 1,042,976

$ 11,625,943

$ 36,293,488

$

0

$ 7,236,638

$ 3,261,446

$ 57,092,685

640______GENERAL ACTS AND RESOLUTIONS, VOL. I________

State and Local Education Improvement

$ 25,793,090

Health Insurance - Non-Cert. Personnel and

Retired Teachers

$ 107,826,070

Innovative Programs

$ 1,190,215

Title II Math/Science Grant (Federal)

$ 7,466,425

Migrant Education

$

274,395

Regional Education Service Agencies

$ 11,576,298

Severely Emotionally Disturbed

$ 64,141,501

Georgia Learning Resources System

$ 3,837,298

Special Education at State Institutions

$ 4,046,930

At Risk Summer School Program

$

0

Robert C. Byrd Scholarship (Federal)

$ 1,087,500

Comprehensive School Reform

$ 6,018,289

Character Education

$

350,000

National Teacher Certification

$

559,847

Health Insurance Adjustment

$

0

Principal Supplements

$ 5,967,000

Alternative Programs

$

0

Extended Day Middle School

$

0

Grants For School Nurses

$ 30,000,000

Reading Programs

$ 34,460,185

Student Testing

$ 5,637,550

Internet Access

$ 4,135,763

School Improvement Teams

$ 11,000,000

Communities in Schools

$ 1,632,839

Georgia Learning Connection

$

0

Knowledge is Power Program

$ 1,000,000

Postsecondary Options

$

0

Total Funds Budgeted

$ 6,698,151,587

Indirect DOAS Services Funding

$

0

Tobacco Funds Budgeted

$ 30,000,000

State Funds Budgeted

$ 5,886,772,014

Departmental Functional Budgets Total Funds

State Funds

State Administration

$ 15,238,259 $ 12,560,416

Student Learning and Achievement

$ 27,883,259 $ 14,671,922

Governor's Honors Program

$ 1,412,777 $ 1,335,188

Quality and School Support

$ 10,517,732 $ 5,044,265

Federal Programs

$ 9,261,011 $

503,432

Technology

$ 15,817,640 $ 10,796,134

Local Programs

$6,600,404,381 $ 5,855,659,386

Georgia Academy for the Blind

$ 5,919,872 $ 5,380,473

Georgia School for the Deaf

$ 5,338,618 $ 4,975,181

Atlanta Area School for the Deaf

$ 6,358,038 $ 5,845,617

Total

$ 6,698,151,587 $ 5,916,772,014

B. Budget Unit: Lottery for Education

$ 38,223,350

Computers in the Classroom

$ 35,723,350

GEORGIA LAWS 2001 SESSION
Distance Learning - Satellite Dishes Post Secondary Options Educational Technology Centers Assistive Technology Applied Technology Labs Financial and Management Equipment Alternative Programs Fort Discovery National Science Center Capital Outlay 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 and Fees 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. State Funds Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications

641
0 0 0 2,500,000 0 0 0 0 0 0 0
$ 38,223,350 S 38,223,350
s 1,326,677
230,349,482 2,302,564 5,215,957 3,717,272 180,283 203,800 0 11,528 130,500 10,000 1,076,947 300,693 30,276 0 0
129,817,711
134,500
373,481,513 237,868,003
1,326,677
0 2,714,643
488,800 29,000
0 12,450 1,269,708 345,740 82,002

642

GENERAL ACTS AND RESOLUTIONS, VOL. I

Per Diem and Fees Contracts Benefits to Retirees
Total Funds Budgeted
State Funds Budgeted

355,000

1,452,000

0

S 6,749,343

s

0

Section 13. Forestry Commission.

State Funds

Personal Services

Regular Operating Expenses

Travel

Motor Vehicle Purchases

Equipment

Computer Charges

Real Estate Rentals

Telecommunications

Per Diem and Fees

Contracts

Ware County Grant

Ware County Grant for Southern Forest

Worfd

$

Ware County Grant for Road Maintenance

$

Capital Outlay

$

Total Funds Budgeted

$

State Funds Budgeted

$

Departmental Functional Budgets

Reforestation Field Services General Administration and Support Total

Total Funds
$ 2,323,513 $ $ 37,922,796 $ $ 4,375,867 $ s 44,622,176 $

39,140,332 32,094,751 6,502,190
182,397 1,298,666 2,114,831
357,000 9,120
996,955 11,150
966,616 60,000
28,500 0 0
44,622,176 39,140,332
State Funds 39,713
34,892,907 4,207,712 39,140,332

Section 14. Georgia Bureau of Investigation. State Funds Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem and Fees Contracts Evidence Purchased Capital Outlay

67,069,372 51,852,656 7,201,136
616,879 1,211,418 1,141,875
633,960 576,289 1,075,435 2,480,042 1,783,900 423,667
0

GEORGIA LAWS 2001 SESSION

643

Crime Victims Assistance Program

$

Criminal Justice Grants

$

Total Funds Budgeted

$

State Funds Budgeted

$

Departmental Functional Budgets

Total Funds

Administration

$ 5,446,086 $

Investigative

$ 29,991,520 $

Georgia Crime Information Center

$ 10,814,548 $

Forensic Sciences

$ 20,400,419 $

Criminal Justice Coordinating Council $ 31,628,055 $

Total

$ 98,280,628 $

1,500,000 27,783,371 98,280,628 67,069,372
State Funds 5,446,086
29,991,520 10,814,548 20,400,419
416,799 67,069,372

Section 15. Office of the Governor.
State Funds Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem and Fees 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 Criminal Justice Grants Troops to Teachers Flood - Contingency
Total Funds Budgeted
State Funds Budgeted

$ 47,238,054 $ 21,092,006

$ 1,672,221

$

372,135

$

0

$

286,067

$

479,686

$ 1,092,759

$

576,482

$ 2,323,339

$ 8,020,301

$ 4,793,371

$

40,000

$ 4,745,000

$

358,595

$ 4,247,581

$

274,194

$

289,100

$

0

$

0

$

0

$

0

$

684,400

$ 1,085,000

$

0

$

57,000

$

0

$

111,930

$

0

$ 52,601,167

S 47,238,054

644

GENERAL ACTS AND RESOLUTIONS, VOL. I

Departmental Functional Budgets
Governor's Office Office of Equal Opportunity Office of Planning and Budget Council for the Arts Office of Consumer Affairs Child Advocate Human Relations Commission Professional Standards Commission Georgia Emergency Management Agency Education Accountability
Total

Total Funds

$ 9,936,966 $

$ 1,203,532 $

$ 11,980,552 $

$ 5,807,643 $

$ 5,227,354 $

$

392,659 $

$

540,870 $

$ 8,186,333 $

$ 6,563,913 $

$ 2,761,345 $

S 52,601,167 $

State Funds 9,936,966 900,561 11,980,552 5,139,798 5,029,354 392,659 540,870 8,074,403 2,481,546 2,761,345
47,238,054

Section 16. Department of Human Resources.

State Funds

Tobacco Funds

1. General Administration and Support

Budget:

Personal Services

Regular Operating Expenses

Travel

Motor Vehicle Purchases

Equipment

Real Estate Rentals

Per Diem and Fees

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

Departmental Functional Budgets

Total Funds

Commissioner's Office

$ 1,177,970

Office of Planning and Budget Services $ 4,271,558

Office of Adoptions

$ 12,744,897

$ 1,380,136,352 $ 57,584,314

$ 1 15,474,243

$ 5,161,428

$ 2,410,747

$

0

$ 474,311

$ 8,685,087

$ 4,968,294

$ 33,171,401

$ 59,878,740

$ 16,675,046

$

0

$

0

$ 88,426,333

$

163,451

$ 2,222,936

$ 36,238,505

$

0

$

0

S 373,950,522

$ 3,982,840

$ 8,292,056

$ 186,187,800

State Funds $ 1,177,970 $ 4,271,558 $ 6,748,033

GEORGIA LAWS 2001 SESSION

645

Children's Community Based Initiative $ 11,947,057 $ 10,947,057

Office of Child Support Enforcement

$ 71,837,730 $ 15,219,872

Human Resources and Organization

Development

$ 1,425,091 $ 1,425,091

Technology and Support

$ 30,497,781 $ 30,155,382

Computer Services

$ 75,267,102 $ 35,591,390

Facilities Management

$ 6,436,421 $ 4,689,786

Regulatory Services - Program Direction

and Support

$

852,666 $

782,666

Child Care Licensing

$ 3,546,507 $ 3,519,938

Health Care Facilities Regulation

$ 12,027,528 $ 5,980,094

Fraud and Abuse

$ 6,980,114 $ 2,329,588

Office of Financial Services

$ 10,369,182 $ 5,989,549

Office of Audits

$ 2,921,191 $ 2,921,191

Human Resource Management

$ 6,871,119 $ 6,871,119

Transportation Services

$ 12,874,684 $ 3,129,910

Indirect Cost

$

0 $ (15,305,087)

Policy and Government Services

$ 1,365,966 $ 1,365,966

Aging Services

$ 98,920,713 $ 66,631,033

DDSA Council

$ 1,615,245 $

37,750

Total

$ 373,950,522 S 194,479,856

2. Public Health Budget:

Personal Services

$ 55,318,142

Regular Operating Expenses

$ 76,241,472

Travel

$ 1,023,066

Motor Vehicle Purchases

$

0

Equipment

$

195,367

Real Estate Rentals

$ 1,509,862

Per Diem and Fees Contracts

$ 1,037,404 j>j 18,553,694

Computer Charges

$

12,000

Telecommunications

$ 1,174,442

Special Purpose Contracts

$ . 674,000

Purchase of Service Contracts

$ 26,663,591

Grant-In-Aid to Counties

C4> 165,792,989

Major Maintenance and Construction

$

0

Postage

$

190,927

Medical Benefits

$ 9,621,222

Total Funds Budgeted

$ 358,008,178

Indirect DOAS Services Funding

$

324,160

Tobacco Funds Budgeted

S 35,626,826

State Funds Budgeted

$ 175,591,379

Departmental Functional Budgets

Total Funds State Funds

District Health Administration

$ 13,564,252 $ 11,437,317

Newborn Follow-Up Care

$ 1,456,087 $ 1,242,256

646______GENERAL ACTS AND RESOLUTIONS, VOL. 1_______

Oral Health

$ 2,874,378 $ 2,549,203

Stroke and Heart Attack Prevention

$ 2,083,609 $

970,997

Sickle Cell, Vision and Hearing

$ 7,711,010 $ 6,944,191

High-Risk Pregnant Women and Infants $ 7,328,374 $ 7,328,374

Sexually Transmitted Diseases

$ 3,256,347 $ 1,040,088

Family Planning

$ 11,865,394 $ 6,110,109

Women, Infants and Children Nutrition $ 84,979,232 $

0

Grant in Aid to Counties

$ 75,590,980 $ 74,617,510

Children's Medical Services

$ 13,344,204 $ 6,514,892

Emergency Health

$ 4,186,735 $ 2,743,387

Primary Health Care

$

550,307 $

446,533

Epidemiology

$ 2,407,877 $ 1,913,077

Immunization

$ 1,658,043 $

660

Community Tuberculosis Control

$ 5,999,833 $ 4,449,986

Family Health Management

$ 1,922,269 $ 1,071,359

Infant and Child Health

$

830,156 $

615,030

Maternal Health - Perinatal

$ 2,919,211 $ 1,243,849

Chronic Disease

$ 1,914,312 $ 1,914,312

Diabetes

$

169,269 $

169,269

Cancer Control

$ 17,240,666 $ 14,334,416

Director's Office

$ 2,890,432 $ 2,310,960

Vital Records

$ 2,137,292 $ 1,862,604

Health Services Research

$

669,335 $

669,335

Environmental Health

$ 2,075,969 $ 1,544,494

Laboratory Services

$ 8,257,863 $ 7,987,863

Community Health Management

$ 210,945 $ 210,945

AIDS

$ 19,519,371 $ 12,700,876

Drug and Clinic Supplies

$ 10,713,458 $ 2,640,380

Adolescent Health

$ 12,628,604 $ 3,029,069

Public Health - Planning Councils

$

116,218 $

98,721

Early Intervention

$ 13,076,308 $ 10,513,842

Smoking Prevention and Cessation

$ 20,555,264 $ 20,555,264

Injury Control

$

804,574 $

661,936

HIV Waiver

$

500,000 $

500,000

Public Health - Division Indirect Cost

$

0 $ (1,724,899)

Total

$ 358,008,178 $ 211,218,205

3. Family and Children Services Budget:

Personal Services

$ 14,570,358

Regular Operating Expenses

$ 2,945,551

Travel

$ 1,038,219

Motor Vehicle Purchases

$

0

Equipment

$

223,397

Real Estate Rentals

$

276,189

Per Diem and Fees

$ 5,780,911

Contracts

$ 6,963,465

Computer Charges

$

0

GEORGIA LAWS 2001 SESSION

647

Telecommunications

$

686,644

Children's Trust Fund

$ 7,592,935

Cash Benefits

$ 124,425,510

Special Purpose Contracts

$ 7,325,433

Service Benefits for Children

$ 398,593,090

Purchase of Service Contracts

$ 31,080,287

Postage

$ 2,401,505

Grants to County DFACS - Operations

$ 375,852,295

Total Funds Budgeted

$ 979,755,789

Indirect DOAS Services Funding

S

0

Tobacco Funds Budgeted

$ 3,341,218

State Funds Budgeted

$ 414,109,324

Departmental Functional Budgets

Total Funds State Funds

Director's Office

$ 1,184,298 $ 1,184,298

Social Services

$ 7,060,773 $ 5,818,430

Administrative Support

$ 4,776,418 $ 2,790,589

Quality Assurance

$ 4,071,628 $ 4,071,628

Community Services

$ 14,134,288 $ 1,957,805

Field Management

$ 2,662,555 $ 2,662,555

Human Resources Management

$ 2,823,809 $ 1,818,018

Economic Support

$ 3,848,689 $ 3,848,689

Child Support Enforcement

$ 58,419,890 $ 31,623,331

Temporary Assistance for Needy Families $ 114,134,948 $ 48,247,444

SSI - Supplemental Benefits

$ 1,122,012 $ 1,122,012

Refugee Programs

$ 2,795,420 $

0

Energy Benefits

$ 7,223,130 $

0

County DFACS Operations - Eligibility $ 128,870,610 $ 62,950,849

County DFACS Operations-Social Services $ 132,343,608 $ 51,046,915

Food Stamp Issuance

$ 3,190,752 $

0

County DFACS Operations - Homemakers

Services

$ 9,349,264 $ 3,230,110

County DFACS Operations - Joint and

Administration

$ 77,874,659 $ 33,665,199

County DFACS Operations - Employability

Program

$ 27,914,154 $ 11,108,710

County DFACS Operations - Child Support

Enforcement

$

0$

0

Employability Benefits

$ 45,418,684 $ 15,861,742

Legal Services

$ 5,046,322 $ 2,670,531

Family Foster Care

$ 47,092,650 $ 30,765,647

Institutional Foster Care

$ 20,146,240 $ 11,551,842

Specialized Foster Care

$ 7,849,656 $ 3,971,061

Adoption Supplement

$ 44,089,254 $ 23,167,317

Prevention of Foster Care

$ 15,248,598 $ 8,243,862

Child Day Care

$ 179,320,622 $ 53,936,937

648

GENERAL ACTS AND RESOLUTIONS, VOL. I

Special Projects

$ 4,149,923 $ 4,109,923

Children's Trust Fund

$ 7,592,935 $ 7,592,935

Indirect Cost

$

0 $ (11,567,837)

Total

S 979,755,789 $ 417,450,542

4. Community Mental Health/Mental

Retardation and Institutions:

Personal Services

$ 296,868,790

Operating Expenses

$ 58,916,965

Motor Vehicle Equipment Purchases

$ 200,000

Utilities

$ 9,483,000

Major Maintenance and Construction

$ 1,991,161

Community Services

$ 653,506,602

Total Funds Budgeted

$ 1,020,966,518

Indirect DOAS Services Funding

S 1,313,100

Tobacco Funds Budgeted

S 10,324,214

State Funds Budgeted

$ 604,247,849

Departmental Functional Budgets

Total Funds State Funds

Southwestern State Hospital

$ 31,112,271 $ 18,423,337

Augusta Regional Hospital

$ 17,522,588 $ 15,835,894

Northwest Regional Hospital at Rome

$ 29,186,446 $ 19,650,534

Georgia Regional Hospital at Atlanta

$ 41,533,454 $ 31,838,809

Central State Hospital

$ 121,794,998 $ 71,226,519

Georgia Regional Hospital at Savannah $ 18,355,919 $ 17,530,231

Gracewood State School and Hospital

$ 54,494,090 $ 23,534,756

West Central Regional Hospital

$ 20,579,590 $ 18,502,148

Outdoor Therapeutic Programs

$ 4,319,129 $ 2,378,439

Community Mental Health Services

$ 285,629,447 $ 207,785,104

Community Mental Retardation Services $ 271,417,809 $ 125,558,030

Community Substance Abuse Services $ 99,253,579 $ 47,904,411

Program Direction and Support

$ 15,544,207 $ 8,230,957

Regional Offices

$ 10,222,991 $ 6,172,894

Total

$ 1,020,966,518 S 614,572,063

Budget Unit Object Classes:

Personal Services

482,231,533

Regular Operating Expenses

84,348,451

Travel

4,472,032

Motor Vehicle Purchases

200,000

Equipment

893,075

Real Estate Rentals

10,471,138

Per Diem and Fees

11,786,609

Contracts

58,688,560

Computer Charges

59,890,740

Telecommunications

18,536,132

Operating Expenses

58,916,965

Community Services

653,506,602

GEORGIA LAWS 2001 SESSION

649

Case Services Children's Trust Fund Cash Benefits Special Purpose Contracts Service Benefits for Children Purchase of Service Contracts Grant-In-Aid to Counties Major Maintenance and Construction Utilities Postage Payments to DCH-Medicaid Benefits Grants to County DFACS - Operations Medical Benefits
Total Funds Budgeted Indirect DOAS Services Funding
Tobacco Funds Budgeted
State Funds Budgeted

0 7,592,935 124,425,510 7,999,433 398,593,090 146,170,211 165,792,989 2,154,612 9,483,000 4,815,368 36,238,505 375,852,295 $ 9,621,222 $2,732,681,007 $ 5,620,100 $ 57,584,314
S 1,380,136,352

Section 17. Department of Industry. Trade

and Tourism.

State Funds

$ 29,971,660

Tobacco Funds

$ 34,131,677

Personal Services

12,999,063

Regular Operating Expenses

1,265,191

Travel

593,806

Motor Vehicle Purchases

20,000

Equipment

77,597

Computer Charges

391,336

Real Estate Rentals

825,323

Telecommunications

442,215

Per Diem and Fees

162,700

Contracts

1,344,276

Local Welcome Center Contracts

250,600

Marketing

11,549,553

Georgia Ports Authority Lease Rentals

0

Foreign Currency Reserve

0

Waterway Development in Georgia

50,000

Lanier Regional Watershed Commission

0

Georgia World Congress Center

0

One Georgia Fund

34,131,677

Total Funds Budgeted

S 64,103,337

Tobacco Funds Budgeted

S 34,131,677

State Funds Budgeted

$ 29,971,660

Departmental Functional Budgets

Total Funds

State Funds

Administration

$ 50,452,394 $ 50,452,394

650

GENERAL ACTS AND RESOLUTIONS, VOL. I

Economic Development Trade Tourism Total

$ 6,313,677 $ 6,313,677 $ 3,039,002 $ 3,039,002 $ 4,298,264 $ 4,298,264 S 64,103,337 $ 64,103,337

Section 18. Department of Insurance.

State Funds

$ 16,377,323

Persona] Services

$ 15,701,774

Regular Operating Expenses

$

700,784

Travel

$

463,030

Motor Vehicle Purchases

$

118,784

Equipment

$

30,400

Computer Charges

$

110,968

Real Estate Rentals

$

560,884

Telecommunications

$

383,143

Per Diem and Fees

$

92,042

Contracts

$

0

Health Care Utilization Review

$

0

Total Funds Budgeted

S 18,161,809

State Funds Budgeted Departmental Functional Budgets

$ 16,377,323

Total Funds

State Funds

Internal Administration

$ 5,571,428 $ 5,571,428

Insurance Regulation

$ 5,890,672 $ 5,890,672

Industrial Loans Regulation

$

547,144 $

547,144

Fire Safety and Mobile Home Regulations $ 5,500,900 $ 3,716,414

Special Insurance Fraud Fund

$

65 1 ,665 $

651,665

Total

$ 18,161,809 $ 16,377,323

Section 19. Department of Juvenile Justice.
State Funds Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem and Fees Contracts Utilities Institutional Repairs and Maintenance Grants to County-Owned Detention Centers Service Benefits for Children Purchase of Service Contracts

$ 280,719,650

$ 164,882,547

$ 15,009,664"

$ 2,251,610

$

215,273

$ 1,131,829

$ 3,061,748

$ 2,880,151

$ 2,104,066

$ 3,161,909

$ 2,882,340

$ 3,142,494

$

655,000

$

0

$ 94,989,348

$

0

GEORGIA LAWS 2001 SESSION

651

Capital Outlay

$

0

Juvenile Justice Reserve

$

0

Children and Youth Grants

$

250,000

Juvenile Justice Grants

$ 1,687,100

Total Funds Budgeted

$ 298,305,079

State Funds Budgeted Departmental Functional Budgets

S 280,719,650

Total Funds State Funds

Regional Youth Development Centers

$ 67,561,311 $ 66,057,351

Youth Development Centers

$ 69.557,845 $ 67,615,990

YDC Purchased Services Court Services

$ 43,198,203 $ 42,106,306 $ 33,738,829 $ 29,234,022

Day Centers Group Homes Community Corrections

$

612,777 $

612,777

$ 1,247,893 $ 1,247,893

$ 45,642,436 $ 39,120,124

Law Enforcement Office

$ 2,498,801 $ 2,498,801

Assessment and Classification

$

804,033 $

804,033

Multi-Service Centers

$ 4,437,681 $ 4,347,681

Youth Services Administration

$ 23,329,482 $ 23,308,884

Office of Training

$ 3,117,873 $ 3,117,873

Children and Youth Coordinating Council $ 2,557,915 $

647,915

Total

$ 298,305,079 $ 280,719,650

Section 20. Department of Labor.
A. Budget Unit: State Funds - Department of Labor
Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications W1A Contracts Per Diem and Fees Contracts W.I.N. Grants Payments to State Treasury Capital Outlay
Total Funds Budgeted State Funds Budgeted B. Budget Unit: State Funds - Division Of Rehabilitation Services Personal Services Regular Operating Expenses

$ 16,233,843

$ 89,987,183

$ 6,980,358

$ 1,459,923

$

0

$

513,655

$ 2,654,085

$ 2,704,778

$ 2,030,660

$ 54,500,000

$ 2,863,761

$ 1,655,312

$

0

$ 1,287,478

$

0

$ 166,637,193

$ 16,233,843

$ 30,416,142

$ 91,371,105 $ 13,850,977

652______GENERAL ACTS AND RESOLUTIONS, VOL. I

Travel

$ 1,814,584

Motor Vehicle Purchases

$

50,582

Equipment

$ 1,024,559

Real Estate Rentals

$ 5,370,911

Per Diem and Fees

$ 7,230,026

Contracts

$ 4,489,327

Computer Charges

$ 2,573,235

Telecommunications

$ 3,138,419

Case Services

$ 41,304,191

Special Purpose Contracts

$

935,245

Purchase of Services Contracts

$ 12,899,651

Major Maintenance and Construction

$

255,000

Utilities

$ 1,114,789

Postage

$

0

Total Funds Budgeted

$ 187,422,601

Indirect DOAS Services Funding

$

100,000

State Funds Budgeted

S 30,416,142

Departmental Functional Budgets

Total Funds State Funds

Vocational Rehabilitation Services

$ 74,193,376 $ 14,839,728

Independent Living

$

973,949 $

458,969

Employability Services

$ 511,903 $

511,903

Community Facilities

$ 11,121,695 $ 3,501,205

Program Direction and Support

$ 3,223,989 $ 1,746,343

Grants Management

$ 1,303,540 $ 1,303,540

Disability Adjudication

$ 54,867,080 $

0

Georgia Industries for the Blind

$ 11,851,925 $

752,550

Roosevelt Warm Springs Institute

$ 29,375,144 $ 7,301,904

Total

$ 187,422,601 $ 30,416,142

Section 21. Department of Law.
State Funds Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem and Fees Contracts Books for State Library
Total Funds Budgeted State Funds Budgeted

S 16,147,017 $ 15,473,91-8

$

757,474

$

199,322

$

0

$

14,375

$

318,202

$

837,469

$

196,787

$ 19,500,000

$

0

$

157,000

$ 37,454,547

$ 16,147,017

____________GEORGIA LAWS 2001 SESSION__________653

Section 22. Merit System of Personnel Administration.
State Funds Personal Services Regular Operating Expenses Travel Equipment Real Estate Rents Per Diem and Fees Contracts Computer Charges Telecommunications
Total Funds Budgeted Federal Funds
Other Agency Funds Agency Assessments Deferred Compensation
State Funds Budgeted

S

0

$

8,426,738

$

1,030,568

$

107,263

$

0

$

602,758

$

394,850

$

844,740

$

1,883,665

$

184,400

$

13,474,982

S

0

$

1,438,553

$

11,330,988

$

705,441

$

0

Section 23. Department of Natural Resources.
A. Budget Unit: State Funds Department of Natural Resources
Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Real Estate Rentals Per Diem and Fees Contracts Computer Charges Telecommunications Authority Lease Rentals Advertising and Promotion Cost of Material for Resale Capital Outlay: New Construction
Repairs and Maintenance Land Acquisition Support Wildlife Management Area Land Acquisition Shop Stock - Parks User Fee Enhancements Buoy Maintenance Waterfowl Habitat Paving at State Parks and Historic Sites

$ 154,176,011

$

92,018,493

$

14,988,847

$

815,783

$

1,488,238

$

1,784,982

$

3,211,208

$

2,498,782

$

10,494,216

$

1,064,418

$

1,410,650

$

0

$

675,000

$

1,333,056

$

1,225,176

$

2,836,663

$

243,750

$

982,330

$

350,000

$

1,300,000

$

74,250

$

0

$

500,000

654

GENERAL ACTS AND RESOLUTIONS, VOL. I

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

Wildlife Endowment Fund

Payments to Georgia Agricultural

Exposition Authority

$

Payments to Mclntosh County

$

Payments to Baker County

$

Payments to Calhoun County

$

Payments to Georgia Agrirama

Development Authority for operations

$

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

S

Receipts from North Georgia Mountain

Authority

$

Indirect DOAS Funding

S

State Funds Budgeted

S

Departmental Functional Budgets

Total Funds

Commissioner's Office

$ 36,048,788

Program Support

7,164,315

Historic Preservation

3,295,207

Parks, Recreation and Historic Sites

41,774,381

Coastal Resources

2,573,493

Wildlife Resources

40,193,597

800,000 500,000
0 0
0 0
170,047 315,649
300,000
0 66,000 7,595,077 6,132,574
0
2,175,696 100,000 31,000 24,000
1,005,837 30,000,000 188,511,722
840,190
1,331,931
1,434,982 200,000
154,176,011
State Funds 36,033,788 7,164,315 2,805,207 23,637,941 2,402,631 34,881,626

GEORGIA LAWS 2001 SESSION

Environmental Protection

$ 56,674,046 $

Pollution Prevention Assistance

$ 787,895 $

Total

S 188,511,722 S

B. Budget Unit: State Funds - Georgia

Agricultural Exposition Authority Personal Services

S$

Regular Operating Expenses

$

Travel

$

Motor Vehicle Purchases

$

Equipment

$

Computer Charges

$

Real Estate Rentals

$

Telecommunications

$

Per Diem and Fees

$

Contracts

$

Capital Outlay

$

Total Funds Budgeted

$

State Funds Budgeted

$

C. Budget Unit: State Funds - Georgia

Agrirama Development Authority

$

Personal Services

$

Regular Operating Expenses

$

Travel

$

Motor Vehicle Purchases

$

Equipment

$

Computer Charges

$

Real Estate Rentals

$

Telecommunications

$

Per Diem and Fees

$

Contracts

<j>c

Capital Outlay

<<RP

Goods for Resale

<pc

Total Funds Budgeted

$

State Funds Budgeted

$

Section 24. State Board of Pardons and

Parole.

State Funds

$

Personal Services

$

Regular Operating Expenses

$

Travel

$

Motor Vehicle Purchases

$

Equipment

$

Computer Charges

<J>D

Real Estate Rentals

$

Telecommunications

$

655
46,462,608 787,895
154,176,011
0 3,458,977 2,302,817
25,000 0
95,000 15,000
0 80,000 121,000 784,000
0 6,851,794
0
0 1,252,837
201,000 12,000 0 32,000 9,500 0 8,000 96,500 0 125,000 120,000
1,856,837 0
52,691,248 42,487,887
1,594,825 531,800 247,086 301,500 591,200
3,027,867 1,065,600

656

GENERAL ACTS AND RESOLUTIONS, VOL. I

Per Diem and Fees Contracts County Jail Subsidy Health Services Purchases
Total Funds Budgeted
State Funds Budgeted

523,304

1,639,679

660,500

$

20,000

S

52,691,248

$

52,691,248

Section 25. Department of Public Safety. A. Budget Unit: State Funds -
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 and Fees 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 and Fees Contracts Capital Outlay Conviction Reports State Patrol Posts Repairs and Maintenance Driver License Processing
Total Funds Budgeted Indirect DOAS Service Funding

$

122,518,770

S

74,752,090

10,304,201

246,939

5,593,750

921,115

3,159,710

28,962

2,829,632

567,500

511,800

145,100

0

5,000

99,065,799

$

1,650,000

$

97,415,799

20,450,510 1 112,113 20,000 0 62,343
0 52,920 273,300 31,500 27,500
0 303,651 34,900

2,734,234
25,102,971 0

GEORGIA LAWS 2001 SESSION

State Funds Budgeted

Departmental Functional Budgets

Total Funds

Administration

$ 24,701,160

Driver Services

$ 25,102,971

Field Operations

$ 74,364,639

Total

$ 124,168,770

B. Budget Unit: State Funds - Units

Attached Administrative Purposes

Only

Attached Units Budget:

Personal Services

Regular Operating Expenses

Travel

Motor Vehicle Purchases

Equipment

Computer Charges

Real Estate Rentals

Telecommunications

Per Diem and Fees

Contracts

Highway Safety Grants

Peace Officers Training Grants

Capital Outlay

$

Total Funds Budgeted

$

State Funds Budgeted

$

Departmental Functional Budgets

Total Funds

Office of Highway Safety

$ 3,698,404 $

Georgia Peace Officers Standards and

Training

$ 1,647,930 $

Police Academy

$ 1,289,122 $

Fire Academy

$ 1,467,354 $

Georgia Firefighters Standards and

Training Council

$ 514,409 $

Georgia Public Safety Training Facility $ 11,764,349 $

Total

$ 20,381,568 $

Section 26. Public School Employees'

Retirement System.

State Funds

Payments to Employees' Retirement

System

Employer Contributions

Total Funds Budgeted

$

State Funds Budgeted

$

657
25,102,971
State Funds 23,201,160 25,102,971 74,214,639 122,518,770
16,099,644
10,405,181 2,667,657
111,389 45,000 146,880 232,841 323,927 322,363 66,850 294,712 2,425,200 3,189,568 150,000 20,381,568 16,099,644
State Funds 690,480
1,647,930 1,199,122 1,357,354
514,409 10,690,349 16,099,644
13,499,104
625,000 12,874,104 13,499,104 13,499,104

658

GENERAL ACTS AND RESOLUTIONS, VOL. I

Section 27. Public Service Commission.

State Funds

S

Personal Services

$

Regular Operating Expenses

$

Travel

$

Motor Vehicle Purchases

$

Equipment

$

Computer Charges

$

Real Estate Rentals

$

Telecommunications

$

Per Diem and Fees

$

Contracts

$

Total Funds Budgeted

$

State Funds Budgeted

$

Departmental Functional Budgets

Total Funds

Administration

$ 3,127,360 $

Transportation

$ 4,367,381 $

Utilities

$ 5,974,491 $

Total

$ 13,469,232 S

10,698,926 9,648,926
623,956 272,938 111,888
63,760 395,086 525,388 226,108 1,301,182 300,000 13,469,232 10,698,926
State Funds 3,127,360 1,870,386 5,701,180 10,698,926

Section 28. Board of Regents, University System of Georgia.
A. Budget Unit: State Funds - Resident Instruction
Tobacco Funds 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
Total Funds Budgeted Departmental Income
Sponsored Income Other Funds
Indirect DOAS Services Funding Tobacco Funds Budgeted
State Funds Budgeted

$ 1,516,942,733

$

6,661,821

$ 1,659,481,759

$

256,440,564

$

405,776,297

$

740,373,595

$

34,070,755

cj>

1,738,576

$

377,689

$

1,053,433

cJ>

33,248,765

$

0

$ 3,132,561,433

$

116,021,107

S

996,814,158

S

493,082,114

$

3,039,500

$

6,661,821

S 1,516,942,733

_____________GEORGIA LAWS 2001 SESSION___________659

B. Budget Unit: State Funds - Regents

Central Office and Other

Organized Activities

$

Personal Services:

Educ., Gen., and Dept. Svcs

$

Sponsored Operations

$

Operating Expenses:

Educ., Gen., arid Dept. Svcs

$

Sponsored Operations

$

Agricultural Research

$

Advanced Technology Development

Center/Economic Development

Institute

$

Seed Capital Fund - ATDC

$

Capital Outlay

$

Center for Rehabilitation Technology

$

SREB Payments

$

Regents Opportunity Grants

$

Rental Payments to Georgia Military

College

$

Direct Payments to the Georgia Public

Telecommunicaitons Commission

for Operations

$

Public Libraries Salaries and

$

Operations

Student Information System

$

Total Funds Budgeted

$

Departmental Income

$

Sponsored Income

S

Other Funds

$

Indirect DOAS Services Funding

S

State Funds Budgeted

$

Regents Central Office and Other

Organized Activities

Total Funds

Marine Resources Extension Center $ 2,635,227 $

Skidaway Institute of Oceanography $ 5,272,907 $

Marine Institute

$ 1,922,504 $

Georgia Tech Research Institute

$112,555,845 $

Advanced Technology Development

Center/Economic Development

Institute

$ 22,290,195 $

Agricultural Experiment Station

$ 76,571,892 $

Cooperative Extension Service

$ 63,570,444 $

Medical College of Georgia Hospital

and Clinics

$232,095,924 $

230,047,421
136,279,793 65,746,167
93,151,915 225,355,657
3,000,433
22,290,195 0
30,000 5,839,421
928,525 600,000
1,434,350
21,294,225 33,881,300
0 609,831,981
7,633,100 301,016,038
70,591,922 543,500
230,047,421
State Funds 1,765,480 1,921,787 1,154,871
10,456,021
9,683,195 48,401,665 40,513,709
37,681,648

660

GENERAL ACTS AND RESOLUTIONS, VOL. I

Veterinary Medicine Experiment Station $ 3,893,561 $

Veterinary Medicine Teaching Hospital $ 5,456,552 $

Georgia Radiation Therapy Center

$ 3,625,810 $

Athens and Tifton Veterinary

Laboratories

$ 3,356,971 $

Regents Central Office

$ 32,848,247 $

Public Libraries

$ 37,154,168

State Data Center

S 6,581,734 $

Total

$ 609,831,981 S

C. Budget Unit: State Funds -

Georgia Public

Telecommunications Commission

$

Personal Services

$

Operating Expenses

$

General Programming

$

Distance Learning Programming

$

Total Funds Budgeted Other Funds

S$

State Funds Budgeted

S

D. Budget Unit: Lottery for Education

$

Equipment, Technology and

Construction Trust Fund

$

Georgia Public Telecommunications

Commission

$

Internet Connection Initiative

$

Special Funding Initiatives

$

Researach Consortium - Georgia

Research Alliance

$

Equipment - Public Libraries

$

Student Information System

$

Educational Technology Center

$

Total Funds Budgeted

$

Lottery Funds Budgeted

$

3,893,561 604,391 0
3,001 32,741,398 34,644,960 6,581,734 230,047,421
0 15,517,559 14,875,994 4,040,278 2,784,685 37,218,516 37,218,516
0 8,966,000
0
0 1,500,000 7,466,000
0 0 0 0 8,966,000 8,966,000

Section 29. Department of Revenue.
State Funds Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem and Fees Contracts

$

361,500,303

$

70,065,866

$

6,676,377

$

1,166,361

$

151,411

$

414,964

$

11,572,912

$

7,627,808

$

3,272,341

$

259,730

$

1,604,600

GEORGIA LAWS 2001 SESSION

County Tax Officials/Retirement and

PICA

$

Grants to Counties/Appraisal Staff

$

Motor Vehicle Tags and Decals

$,

Postage

$

Investment for Modernization

$

Homeowner Tax Relief Grants

$

Total Funds Budgeted

$

Indirect DO AS Services Funding

$

State Funds Budgeted

$

Departmental Functional Budgets

Total Funds

Departmental Administration

$ 27,544,517 $

Internal Administration

$ 4,501,344 $

Information Systems

$ 11,366,330 $

Compliance Division

$ 26,402,744 $

Income Tax Unit

$ 8,366,192 $

Motor Vehicle Unit

$ 19,861,137 $

Property Tax Unit

$ 253,069,620 $

Sales Tax Unit

$ 6,037,729 $

State Board of Equalization

$

20,000 $

Taxpayer Accounting

$ 6,757,326 $

Alcohol and Tobacco

$ 2,951,819 $

Total

S 366,878,758 $

Section 30. Secretarv of State.

A. Budget Unit: State Funds-

Secretary of State

S

Personal Services

$

Regular Operating Expenses

$

Travel

c4>

Motor Vehicle Purchases

Equipment

$

Computer Charges

$

Real Estate Rentals

$

Telecommun ications

$

Per Diem and Fees

$

Contracts

$

Election Expenses

<T J>

Capital Outlay

$

Total Funds Budgeted

$

State Funds Budgeted

S

Departmental Functional Budgets

Total Funds

Internal Administration

$ 4,751,142 $

Archives and Records

$ 5,755,861 $

661
4,272,795 0
2,404,350 3,486,575 4,902,668 249,000,000 366,878,758 3,845,000 361,500,303
State Funds 27,544,517 4,351,344 10,351,130 26,262,744
8,066,192 18,561,137 251,536,165 5,937,729
20,000 5,917,526 2,951,819 361,500,303
31,676,095 19,458,900 2,981,386
234,150 166,455 81,111 3,218,735 3,744,758 863,974 560,721 770,005 640,900
0 32,721,095 31,676,095
State Funds 4,721,142 5,680,861

662

GENERAL ACTS AND RESOLUTIONS, VOL. I

Capitol Education Center

$ 375,873 $

Business Services - Corporations

$ 2,336,475 $

Business Services - Securities

$ 2,225,429 $

Elections and Campaign Disclosure $ 4,804,512 $

Drugs and Narcotics

$ 1,503,909 $

State Ethics Commission

$ 549,478 $

State Examining Boards

$ 10,098,325 $

Holocaust Commission

$ 320,091 $

Total

$ 32,721,095 $

B. Budget Unit: State Funds - Real

Estate Commission

$

Personal Services

$

Regular Operating Expenses

$

Travel

$

Motor Vehicle Purchases

$

Equipment

$

Computer Charges

$

Real Estate Rentals

$

Telecommunications

$

Per Diem and Fees

$

Contracts

$

Total Funds Budgeted

$

State Funds Budgeted

$

Departmental Functional Budgets

Real Estate Commission

State Funds $ 2,390,311 $

375,873 1,616,475 2,175,429 4,784,512 1,503,909
549,478 9,948,325
320,091 31,676,095
2,390,311 1,486,966
175,000 37,000 34,000 10,000 262,345 171,000 86,000
0 128,000 2,390,31 1 2,390,311
Cost of Operations 2,430,311

Section 31. Soil and Water Conservation Commission.
State Funds Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem and Fees Contracts County Conservation Grants
Total Funds Budgeted State Funds Budgeted Section 32. Student Finance Commission.

$

3,456,699

$

1,784,512

$

275,843

$

45,030

$

33,400

$

18,473

$

15,953

$

133,400

$

35,115

$

144,378

$

1,525,000

$

86,000

S

4,097,104

$

3,456,699

____________GEORGIA LAWS 2001 SESSION__________663

A. Budget Unit: State Funds - Student

S

Finance Commission

Personal Services

$

Regular Operating Expenses

$

Travel

$

Motor Vehicle Purchases

$

Equipment

$

Computer Charges

$

Real Estate Rentals

$

Telecommunications

$

Per Diem and Fees

$

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

$

Paul Douglas Teacher Scholarship Loans

$

Work Incentive for Students

$

LEAP Program

$

Governor's Scholarship Program

$

Total Funds Budgeted

$

State Funds Budgeted

$

Departmental Functional Budgets

Total Funds

Georgia Student Finance Authority $ 40,219,262 $

Georgia Nonpublic Postsecondary

Education Commission

$ 754,848 $

Total

$ 40,974,110 $

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

$

Promise II Scholarships

$

40,974,110
571,088 26,815 19,000
0 6,300 20,233 52,615 12,091 7,000 39,706
0 4,897,607 29,579,150
0
70,300 362,080
41,226 40,000 521,220
0 0 1,013,712 3,693,967 40,974,110 40,974,110
State Funds 40,219,262
754,848 40,974,110 264,942,647 148,358,652 35,050,600 40,034,731
0 33,611,070
663,960 238,968 3,500,000 1,792,000 932,666

664______GENERAL ACTS AND RESOLUTIONS, VOL. I________

Engineer Scholarships Total Funds Budgeted
Lottery Funds Budgeted

$

760,000

S 264,942,647

$ 264,942,647

Section 33. Teachers' Retirement Retirement System.
State Funds Persona] Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem and Fees Contracts Employee Benefits Retirement System Members Floor Fund for Local Retirement Systems H.B.203 - Teachers' Accrued Sick Leave
Total Funds Budgeted State Funds Budgeted

$

3,090,000

$

8,386,451

$

489,044

$

20,500

$

0

$

15,000

$

1,100,409

$

622,335

$

359,698

$

425,000

$

0

$

0

$

2,950,000

$

140,000

,

$

0

$ 14,508,437

$

3,090,000

Section 34. Department of Technical
and Adult Education. A. Budget Unit: State Funds -
Department of Technical and Adult Education Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Real Estate Rentals Per Diem and Fees Contracts Computer Charges Telecommunications Capital Outlay Personal Services-Institutions Operating Expenses-Institutions Area School Program Adult Literacy Grants Regents Program Quick Start Program

$ 277,257,222

$

6,518,604

$

413,890

$

132,000

$

.0

$

57,741

$

550,846

$

162,389

$

229,876

$

836,328

$

115,980

$

6,016,543

$ 230,599,694

$ 63,085,545

$

6,656,215

$ 20,310,023

$

3,812,141

$ 13,506,524

GEORGIA LAWS 2001 SESSION

665

Total Funds Budgeted

$

State Funds Budgeted

$

Departmental Functional Budgets

Total Funds

Administration

$ 9,017,654 $

Institutional Programs

$ 343,986,685 $

Total

$ 353,004,339 $

B. Budget Unit: Lottery for Education

$

Computer Laboratories and Satellite

Dishes-Adult Literacy

$

Capital Outlay

$

Capital Outlay - Technical Institute

Satellite Facilities

$

Equipment-Technical Institutes

$

Repairs and Renovations - Technical

Institutes

$

Total Funds Budgeted

S

Lottery Funds Budgeted

$

353,004,339 277,257,222
State Funds 6,957,866
270,299,356 277,257,222
0
0 0
0 0
0 0 0

Section 35. Department of

Department of Transportation.

State Funds

S 645,088,005

Personal Services

$ 281,447,355

Regular Operating Expenses

$ 65,603,093

Travel

$

2,249,526

Motor Vehicle Purchases

$

2,000,000

Equipment

$

9,023,065

Computer Charges

$ 12,739,946

Real Estate Rentals

$

1,765,434

Telecommunications

$

5,888,951

Per Diem and Fees

$ 87,120,247

Contracts

$ 17,832,611

Capital Outlay

$ 1,033,486,883

Capital Outlay - Airport Aid Program

$

3,798,827

Mass Transit Grants

$ 13,530,481

Harbor Maintenance/Intra-Coastal

Waterways Maintenance and Operations

$

710,855

Contracts with the Georgia Rail

Passenger Authority

$

575,391

Total Funds Budgeted

$ 1,537,772,665

State Funds Budgeted

S 645,088,005

Departmental Functional Budgets

Motor Fuel Tax Budget

Total Funds

State Funds

Planning and Construction

$ 1,228,033,670 $ 367,512,916

Maintenance and Betterments

$ 234,662,969 $ 217,639,914

Facilities and Equipment

$ 19,606,694 $ 18,874,694

666

GENERAL ACTS AND RESOLUTIONS, VOL. 1

Administration

$ 26,876,226 $

Total

$ 1,509,179,559 $

General Funds Budget

Planning and Construction

$ 1,215,114 $

Maintenance and Betterments

$

0$

Administration

$

12,756 $

Air Transportation

$ 5,239,414 $

Inter-Modal Transfer Facilities

$ 21,414,967 $

Harbor/Intra-Coastal Waterways Activities $

710,855 $

Total

S 28,593,106 $

25,972,476 630,000,000
1,215,114 0
12,756 4,594,744 8,554,536
710,855 15,088,005

Section 36. Department of Veterans

Service.

State Funds

S

Personal Services

$

Regular Operating Expenses

$

Travel

$

Motor Vehicle Purchases

$

Equipment

$

Computer Charges

$

Real Estate Rentals

$

Telecommunications

$

Per Diem and Fees

co>

Contracts

$

Operating Expense/Payments to Medical

College of Georgia

$

Capital Outlay

$

WWII Veterans Memorial

$

Regular Operating Expenses for Projects

and Insurance

$

Total Funds Budgeted

S

State Funds Budgeted

$

Departmental Functional Budgets

Veterans Assistance Education and Training Veterans Nursing Home-Augusta
Total

Total Funds

$ 25,029,720 $

$

0$

$ 8,119,673 $

$ 33,149,393 $

23,235,769 5,924,038 297,803 109,000 0 163,057 27,080 224,911 83,660 24,500 17,786,000
8,073,344 0 0
436,000 33,149,393 23,235,769
. State Funds 18,001,640
0 5,234,129 23,235,769

Section 37. Workers' Compensation Board.
State Funds Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases

$ 12,488,917

$ 10,303,472

$

437,115

cj>

140,600

cj>

0

GEORGIA LAWS 2001 SESSION

Equipment

$

Computer Charges

$

Real Estate Rentals

$

Telecommunications

$

Per Diem and Fees

co>

Contracts

C
4>

Payments to State Treasury

$

Total Funds Budgeted

$

State Funds Budgeted

$

667
9,288 261,976 1,299,338 187,828 109,300
0 0 12,748,917 12,488,917

Section 38. State of Georgia General Obligation Debt Sinking Fund. A. Budget Unit: State of Georgia General Obligation Debt Sinking
Fund State General Funds (Issued) Motor Fuel Tax Funds (Issued)
B. Budget Unit: State of Georgia General Obligation Debt Sinking Fund State General Funds (New) Motor Fuel Tax Funds (New)

$ 575,708,563

$

0

S 575,708,563

$

0

$

0

$

0

Section 39.

Provisions Relative to Section 3, Judicial Branch.

The appropriations in Section 3 (Judicial) of this Act are for the cost of operating the Supreme Court of the State of Georgia, including salaries and retirement contributions for Justices and the employees of the Court, including the cost of purchasing and distributing the reports (decisions) of the appellate courts to the Judges, District Attorneys, Clerks, and others as required by Code Section 50-1831, 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

668______GENERAL ACTS AND RESOLUTIONS, VOL. I_______
administrative districts by the Chairman of the Judicial Council; cost of operating the Council of Juvenile Court Judges created by Code Section 15-11-4; cost of staffing and operating the Institute of Continuing Judicial Education and the Georgia Magistrate Courts Training Council created by Code Section 15-10-132; cost of operating the Judicial Council of the State of Georgia, the Administrative Office of the Courts, the Board of Court Reporting of the Judicial Council, the Georgia Courts Automation Commission and the Office of Dispute Resolution, and for payments to the Council of Magistrate Court Judges, the Council of Probate Court Judges and the Council of State Court Judges.

Section 40.

Provisions Relative to Section 4, Department of Administrative Services.

It is the intent of the General Assembly that all future purchases of radio and s go related equipment must be compatible with the 800 mhz system. Purchases must > ^ be approved by the Office of Planning and Budget and the Department of
Administrativ

Provided, that the department shall provide a consolidated report to the General Assembly by December 31,2001 of all vehicles purchased or newly leased during Fiscal Year 2001.

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 3O* ^03 counties, municipalities, locdl wsieror sewer 3.utnonties,DO3.rds or political subdivisions crested Dy tnc oenerd' AsscrnDly or pursuant to tnc constitution 3nfl Jdws or tnc suite Tor cmergcncy~typc waiter d.nd scwcr 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:

GEORGIA LAWS 2001 SESSION

669

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.

Ifa 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.

Recipient CityofPelham
Mitchell County Chatham County City of Camilla
City of Baconton City Funston
Mitchell County City of Pelham Board of Education City of Doerun
City of Sale City Ben Hill County
City of Atlanta

Description Purchase mechanical equipment for sanitary sewer maintenance for the City of Pelham Establish Smart Moves Program for the Mitchell County Boys and Girls Club Construction of a kitchen for the Meals on Wheels Program in Chatham County Renovation of old gymnasium in the City ofCamilla Purchase playground equipment and park benches for the City of Baconton
Purchase recreational equipment for park inCityofFunston Purchase equipment for seven volunteer fire departments in Mitchell County Purchase equipment needed for staff and curriculum development for schools in the CityofPelham Renovations to local police department for theCityofDoerun Purchase recreation equipment for the City of Sale City Purchase of firefighter's gear, uniforms and oxygen gear for the Ben Hill Volunteer Fire Department Contract with Southeast Atlanta YMCA to renovate after school remedial and tutorial programs in the City of Atlanta

Amount
$ 25,000 $ 12,000 $ 20,000 $ 30,000 5 j Q QQQ $ 10,000 $ 21,000
$ 15,000 $ 10,000 $ 9,000
$ 10,000
$ 20,000

670

GENERAL ACTS AND RESOLUTIONS, VOL. I

Wilcox County Construct a veterans' memorial in Wilcox

County

$

Irwin County Enhance the Irwin County 4-H and FFA

Board of

programs

Education

$

Irwin County Construct a veterans' memorial in Irwin

County

$

City of

Install lights at football stadium in the City

Fitzgerald

of Fitzgerald

$

Coffee County Repair awnings and sidewalks to mobile

Board of

units at elementary schools in Coffee

Education

County

$

City of

Repair lighting and fences, construct

Willacoochee softball field and purchase fire equipment

for the City of Willacoochee

$

City of Pearson Downtown beautification and equipment

for street department in the City of

Pearson

$

City of Social Restoration of the interior of Gunter-Hall

Circle

in the City of Social Circle

$

Clayton County Contract for services with the Calvary

Refuge Center shelter for the homeless in

Clayton County

$

Atkinson

Purchase athletic equipment, band

County Board instruments and playground equipment for

of Education Atkinson County High School and Pearson

Elementary School

$

Coffee County Construct a fire station in the Wilsonville

Fire District in Coffee County

$

Wilcox County Purchase 1 989 fire truck for Cedar Creek

Fire Department in Wilcox County

$

Irwin County Purchase transportation for Irwin County

4H Club

$

Clayton County Construct a directors tower and install a

Board of

fence on practice field at Lovejoy High

Education

School in Clayton County

$

Atkinson

Purchase a new fire truck for Atkinson

County

County Fire Protection

$

Houston

Purchase furnishings for new Houston

County

County Health Department Building

$

Clayton County Contract for services with Rainbow House,

Inc. to create an advocacy center for

abused children in Clayton County

$

Baldwin

Technology upgrade for Baldwin County

County

$

10,000
10,000 10,000 20,000
7,000
5,000
5,000 5,000
20,000
7,000 5,000 10,000 5,000
10,000 5,000 50,000
25,000 20,000

GEORGIA LAWS 2001 SESSION

Floyd County Transportation and materials for remedial

Board of

after school program at Armuchee Middle

Education

School in Floyd County

$

Chattooga

Replace wiring and lighting in Chattooga

County

County Court House

$

Laurens County Purchase band uniforms and equipment for

Board of

West Laurens County High School

Education

c
4>

Laurens County Purchase band uniforms and equipment for

Board of

East Laurens County High School

Education City of

$ Honor veterans of all wars through flag

Shellman

displays at graves and monuments in

Randolph County

$

DeKalb County Contract with Project New Directions, Inc.

to provide child abuse awareness program

in DeKalb County

$

DeKalb County Contract for services with Scottdale

L.I.F.E. Program (Leading Individuals To

Fitness and Exercise) to provide awareness

campaign in DeKalb County

$

DeKalb County Contract for services with Scottdale Child

Development and Family Resource

Center, Inc. to provide early childhood

development program in DeKalb County $

Houston

Purchase of new furniture for Houston

County Library County Library

Trustees Tift County

$ Facility for Junior livestock programs in

Tift County

$

Houston

Operation of Collaborative Learning

County Board Network in Houston County

of Education

$

City of Perry Land acquisition and improvements to

property for Perry Downtown

Development Authority

$

Georgia

Purchase equipment and program

Mountain

enhancements for the Happy Horse Farm

Regional

in the City of Lula

Development

Authority

cj>

Gainesville

Purchase lights for football practice field

City Board of and track around the field at Gainesville

Education

High School

$

671 15,000 10,000 5,000 5,000 2,000 2,000
5,000
3,000 50,000 15,000 50,000 150,000
10,000 40,000

672

GENERAL ACTS AND RESOLUTIONS, VOL. I

Effingham

Replace cover on gym floor at South

County Board Effingham Middle School

of Education

$

City of Guyton Purchase Public Works Utility Truck for

CityofGuyton

$

Gwinnett

Lighting and other softball field

County Board improvements at Central Gwinnett High

of Education School

$

Augusta/

Contract with Augusta Players to provide

Richmond

Artreach Theater Program in Richmond

County

County

$

DeKalb County Repair and purchase new band uniforms

Board of

and instruments for Southwest DeKalb

Education

High School and complimenting programs

for PTA

$

City of

Construction of portrait gallery in

Milledgeville Georgia's Antebellum Capitol Museum in

theCityofMilledgeville

$

DeKalb County Repair and purchase new band uniforms

Board of

and instruments for Columbia High School

Education

and complimenting programs for PTA in

DeKalb County

$

DeKalb County Repair and purchase new band uniforms

Board of

and instruments for Towers High School

Education

and complimenting programs for PTA in

DeKalb County

$

City of Macon Implement an After-School Tennis and

Tutorial Program at Middle Georgia

Tennis Academy Inc in the City of Macon $

City of

Contract with Chatham Savannah Youth

Savannah

Services Corps, to support Savannah

Impact Program

$

City of

Contract with Gamma Sigma Omega of

Savannah

Alpha Kappa Alpha to provide a life skills

community program for the City of

Savannah

$

Americus/Sumt Construct two football/soccer fields at

er Parks and current recreational complex in Sumter

Recreational County

Authority

$

DeKalb County Programs complimenting PTA programs at

Board of

Atherton, Canby Lane and Glen Haven

Education

Elementary Schools in DeKalb County

$

10,000 10,000 25,000 25,000
5,000 20,000
5,000
5,000 20,000 20,000
4,000
61,000 3,000

GEORGIA LAWS 2001 SESSION

DeKalb County Programs complimenting PTA programs at

Board of

Peachcrest, Rainbow, Rowland

Education

Elementary Schools in DeKalb County

$

DeKalb County Programs complimenting PTA programs at

Board of

Snapfinger Elementary and Woodridge

Education

Elementary Schools in DeKalb County

$

Glynn County Install Tuflex flooring in the Glynn

Board of Education

Academy weight room in Glynn County cj>

City of Darien ESGP Homeless Supportive Housing

Operations in the City of Darien

$

City of

Purchase of a thermal imaging camera for

Fayetteville

the Fayetteville Fire Department

$

Irwin County Construct little league ballfield, bathroom

and concession stand for Irwin County

$

DeKalb County Neighborhood improvement and

beautification projects for four DeKalb

County communities

$

Chatham

Purchase chemical/biological protective

County

equipment and self contained breathing

apparatus for the Chatham County Police

Department

$

City of Screven Furnish fire station and equipment with

emergency vehicle in the City of Screven $

City of Marietta Construction of an indoor batting facility

Board of

at Marietta High School

Education

<j>t

DeKalb County Neighborhood improvement and

beautification projects for five DeKalb

County communities

$

Wilcox County Construct and expand the ballfield,

bathroom and concession stand for the

Wilcox County Little League program

$

DeKalb County Neighborhood improvements and

beautification projects for five DeKalb

County communities

$

East Central

Purchase a van for the East Central

Georgia

Georgia Regional Library in Richmond

Regional

County

Library

Trustees

$

Long County Purchase firefighting equipment and

renovate the Long County Courthouse

$

673
4,000 2,000 10,000 20,000 20,000 10,000 5,000
35,000 20,000 50,000 10,000 10,000
7,000
25,000 25,000

674

GENERAL ACTS AND RESOLUTIONS, VOL. I

Columbia County Board of Education Columbia County Board of Education Columbia County Board of Education Columbia County Stephens County
City of Atlanta
City of East Point
City of Cave Springs City of Rome Board of Education Cartersville Board of Education Cobb County Board of Education
City of Homeland Cobb County Board of Education Cobb County Board of Education Cobb County Board of Education

Purchase lighting system for the

performing auditorium at Evans High

School in Columbia County

$

Purchase technology improvements for the

South Columbia Elementary School in

Columbia County

$

Purchase equipment and supplies for

special education students in Columbia

County

$

Construct bleachers for the Martinez

Evans Little League in Columbia County $

Purchase fire hoses and equipment for the

Big Smith Volunteer Fire Department in

Stephens County

$

Improve facade and parking lot and

purchase equipment for the Sweet Auburn

Curb Market in the City of Atlanta

$

Contract with East Point Athletic League

to provide programs and equipment for at-

risk youth

$

Maintenance for Water Treatment Plant in

the City of Cave Springs

$

Computer Lab for Model High School in

the City of Rome

$

Lights for Adairsville High Baseball field

^c

Purchase computers, sound, cable and

other equipment and operation cost at the

Nickajack Elementary school in Cobb

County

$

Preservation and restoration of historic

structures owned by City of Homeland

$

Purchase 18 classroom framed markers

boards(4 x 1 6) at the Teasley Elementary

School in Cobb County

$

Purchase two-way radio communication

equipment(30 units) at the Sedalia

Elementary School in Cobb County

$

Construct a covered walkway and other

purposes at the Sedalia Elementary School

in Cobb County

$

17,500 5,000 2,500 10,000 7,000 40,000 25,000 30,000 30,000 20,000
12,000 25,000 12,000
5,000 15,000

GEORGIA LAWS 2001 SESSION

Crisp County Construction of fire station to house fire

truck at Hartley Fire Station in Crisp

County

$

Athens/Clarke Purchase Library Spanish language

County Library materials for the Athens/Clarke County

Trustees

Library System

$

Colquitt County Purchase overhead fans in canning area of

Board of

Colquitt County High School

Education

cj>

City of Atlanta Restoration of 10th Street Meadow in

Piedmont Park for the City of Atlanta

$

Clayton County Purchase a SVI-Scan Projector for the

Board of

Lillie E. Suder Elementary School in

Education

Clayton County

$

Glascock

Restoration of courthouse in Glascock

County

County

$

McDuffie

Purchase of Life Pak Cardiac Monitor and

County

cell phones for the McDuffie County EMS $

McDuffie

Restoration of historic Rock House in

County

McDuffie County

$

Clayton County Purchase and install fence at the

playground and ballfield area at

Hawthorne Elementary in Clayton County $

City of Albany Contract for a health clinic for

underprivileged citizens through Union

Outreach Mission in the City of Albany

$

City of

Renovation of the City of Adairsville City

Adairsville

Hall

$

Baldwin

Purchase lightweight air cylinders for

County

county fire stations in Baldwin County

$

Baldwin

Technical improvements to the County

County

Land Use Codes and digital mapping

capacity in Baldwin County

$

Baldwin

Continuation of victim assistance

County

programs in Baldwin County

$

City of

Resource and library books for Holocaust

Carrollton

Teacher Training and Resource Center in

the City of Carrollton

$

City of

Create a Summer Youth Recreational

Avondale Estates

Program for the City of Avondale Estates <3>t

City of

Contract with Valdosta Blockclub Fed. for

Valdosta

crime prevention and Valdosta

neighborhood stabilization

675
10,000 10,000 1,000 15,000 4,000 10,000 10,000 5,000 10,000 20,000 20,000 20,000 10,000 20,000 10,000 20,000
2,000

676

GENERAL ACTS AND RESOLUTIONS, VOL. 1

City of

Repair to Lowndes County Historical

Valdosta

Society and Museum

$

City of Hahira Construct playing field and purchase

equipment for North Lowndes Recreation

Park

$

City of

Enhancement for the W. L. Miller Library

Lakeland

in City of Lakeland

Library

Trustees

$

City of

Purchase fire equipment and replace roof

Crawfordville of fire station in the City of Crawfordville $

Warren County Purchase EMS and fire equipment for

Warren County

$

Clayton County Purchase equipment for the physical

education department of Mundy's Mill

Middle School in Clayton County

$

City of Dublin Renovations and improvements for

Board of Education

Shamrock Stadium in the City of Dublin *cp

Augusta/

Contract for services with Good Hope

Richmond

Social Services for summer and after-

County

school tutorial programs in Richmond

County

$

Gwinnett

Construction of bleachers around the

County Board varsity baseball field at Berkmar High

of Education

School in Gwinnett County

$

City of Darien Purchase sanitation truck for the City of

Darien

$

City of

Restoration of Madison Avenue School

Eatonton

project for the City of Eatonton

$

City of

Renovation of downtown Pinehurst

Pinehurst

$

City of Mt.

Renovate a former factory building into a

Zion

Community Center for the City of Mount

Zion

$

DeKalb County Contract with Thankful Baptist CDC to

provide senior service in DeKalb County $

City of

Purchase fire fighting equipment for the

Bloomingdale City of Bloomingdale

$

DeKalb County Renovation to the ART Station Facility in

DeKalb County

$

DeKalb County Contract for services with ART Station,

Inc. for after school and summer programs

in DeKalb County

$

4,000 20,000
10,000 5,000 12,000 7,000 75,000
21,000 20,000 20,000 40,000 10,000 20,000 10,000 25,000 30,000 15,000

GEORGIA LAWS 2001 SESSION

City of

Contract with Urban League of Greater

Columbus

Columbus for the Youth Challenge 2001

Project in the City of Columbus

Taliaferro

Purchase of computer/software and

County

equipment for Taliaferro County Sheriffs

Department

City of Social Construct and implement an open-air

Circle

farmer's market and upgrade facade of

surrounding buildings in Social Circle

Hancock

Purchase fire equipment for Hancock

County

County Fire Department

$

Clayton County Teacher training and purchase computer

Board of

software and hardware for Rivers Edge

Education

Elementary in Clayton County

$

Augusta/

Contract with Shiloh Comprehensive

Richmond

Community Center to provide after school

County

programs in Richmond County

$

Augusta/

Contract with Bell Terrace Community

Richmond

Center and May Park Community Center

County

to provide summer youth programs in

Richmond County

$

Cobb County Construction of concrete sidewalks and

playscapes and sodding around the

playscapes at Blackwell Elementary in

Cobb County

$

Gwinnett

Purchase instructional materials for

County Board Chattahoochee, Berkeley Lake and BB

of Education Harris Elementary Schools in Gwinnett

County

$

Augusta/

Contract for services with CSRA

Richmond

Transitional Center, Inc. in Augusta to

County

provide counseling and alternative

programs to combat juvenile delinquency $

Augusta/

Contract for services with Beulah Grove

Richmond

Community Resources Center, Inc. to

County

provide health care and counseling

services in Richmond County

$

Augusta/

Contract for services with Neighborhood

Richmond

Improvement Project, Inc. to provide

County

health care and counseling in Richmond

County

$

City of Byron Repairs to Old Byron Elementary School

for the City of Byron

$

677 25,000
5,000 50,000 10,000 6,000 5,000 5,000
15,000
25,000 5,000 15,000
10,000 10,000

678

GENERAL ACTS AND RESOLUTIONS, VOL. I

Crawford

Upgrade Agriculture Education Lab and

County Board classroom facilities at Crawford County

of Education High School

$

City of Graham Purchase fire truck for the City of Graham $

Telfair County Construct running track at football field in

Board of

Telfair County

Education

$

City of Baxley Renovate recreation building in the City of

Baxley

$

Lanier County Landscaping and playground equipment

for the M L. K. Jr Park in Lanier County $

Wayne County Construct fire protection building for

Board of

Madray Springs Community in Wayne

Commissioners County

$

Berrien County Construct fire station in New Lois

Commission Community and provide firefighting

equipment for Berrien County

$

City of

Purchase furniture and equipment for

Valdosta

Southside Library in the City of Valdosta

Library

Trustees

cj>

City of

Contract with LAMP to provide

Valdosta

Transitional Housing Program for

homeless women and children in the City

of Valdosta

$

City of

Service learning project for Valdosta

Valdosta Board School System

of Education

$

City of Arabi Improvements to Arabi Community

Walking Track and to the grounds at

Arabi City Hall

$

City of Sparta Downtown beautification and

revitalization for City of Sparta

$

Clayton County Purchase software for the Media Center at

Board of

Kemp Elementary School in Clayton

Education

County

$

Columbus/

Contract with Combined Communities of

Muscogee

S.E. Columbus for tutorial program for at-

County

risk youth in Muscogee County

$

Columbus/

Contract for services with the Columbus

Muscogee

for Kids, Inc. to provide services to at risk

County

children in Muscogee County

$

15,000 20,000
5,000 10,000 10,000 30,000 25,000
5,000
10,000 3,000 10,000
5,000 5,000 25,000 50,000

GEORGIA LAWS 2001 SESSION

Columbus/

Purchase defibrillators for public safety

Muscogee

vehicles, schools and CPR training in

County

Middle and high schools in Muscogee

County

$

Columbus/

Contract for services with the Springer

Muscogee

Opera House for renovation project in

County

Muscogee County

$

Columbus/

Contract for services with Metropolitan

Muscogee

Columbus Task Force to provide services

County

to the homeless in Muscogee County

$

Gwinnett

Renovation of gym floor at Mason

County Board Elementary in Gwinnett County

of Education

$

Douglas

Technology support equipment and needs

County

assessment for Douglas CORE

$

City of

Greenspace acquisition for City of

Berkeley Lake Berkeley Lake

$

Columbus/

Contract for services with Chattahoochee

Muscogee

Valley Vet. Council for building

County

restoration in Muscogee County

$

Jeff Davis

Purchase defibrillators for Jeff Davis

County

County Fire Departments

$

Telfair County Purchase fire truck for the Horsecreek Fire

Department in Telfair County

$

DeKalb County Renovation, repair and modernization of

facility for the Redan Park Athletic

Association in DeKalb County

$

Crawford

Purchase jaws of life for the volunteer fire

County

department in Crawford County

$

Clinch County Addition to athletic complex in Clinch

Board of

County

Education

$

City of

Design, construct and equip age

Nashville

appropriate playground facility in the City

ofNashville

$

City of Byron Repairs to City of Byron Community

Center

$

Clay County Air conditioning the gymnasium at Clay

Board of

County Elementary School

Education

$

Clarke County Construction of athletic field restroom

Board of

facilities at Cedar Shoals

Education

$

City of Plains Repairs to City Hall roof and walls to stop

leaks in the City of Plains

$

679
50,000 125,000 25,000 20,000 10,000
10,000 21,000 10,000 10,000 25,000 10,000 10,000 20,000 10,000 15,000 35,000 30,000

680

GENERAL ACTS AND RESOLUTIONS, VOL. I

City of

Renovation of Crawfordville City Hall/

Crawfordville Welcome Center

$

City of

Contract with the Valdosta Boys and Girls

Valdosta

Club to provide an after school learning

lab

$

City of Albany Transportation for the Slater King Adult

Rehab Day Center in the City of Albany $

South Georgia Purchase library truck for South Georgia

Regional

Regional Library in the City of Valdosta

Library

Trustees

$

Augusta/

Contract for services with the Augusta

Richmond

Youth Center for youth inner city youth

County

program

$

City of Albany After school tutorial program through the

Greater Mt. Olive Outreach Center, Inc. in

the City of Albany

$

City of

Maintenance and repair of

Valdosta

Valdosta/Lowndes County Arts

Commission Building

$

DeKalb County Contract for services with South DeKalb

Board of

Improvement Initiative to provide

Education

personnel, books and materials for

elementary schools in South DeKalb

$

Clayton County Purchase of amenities for Jesters Creek

Trail Jonesboro in Clayton County

$

Clayton County Purchase of teaching materials for special

Board of

ed students at M.D. Roberts Middle

Education

School in Clayton County

$

Clayton County Park development in East Clayton County $

Chattahoochee Purchase classroom furniture, equipment

County Board and carpet for Chattahoochee County

of Education Education Center

$

DeKalb County Purchase equipment for McNair Middle

Board of

School in DeKalb County

Education

4>

City of Powder Develop public park space along the Silver

Springs

Comet Trail for the City of Powder

Springs

$

Carroll County Construct veteran park on county land in

Carroll County

$

City of Appling Purchase equipment for fire fighting for

Lean Volunteer Fire Department in City of

Appling

$

10,000 15,000 30,000
15,000 10,000 10,000 5,000
25,000 20,000
5,000 16,000
*50,000 10,000 30,000 30,000
5,000

GEORGIA LAWS 2001 SESSION

Columbia

Playground equipment and improvements

County Board for the North Harlem Elementary School

of Education

in Columbia County

$

Columbia

Security fence around campus of Blue

County Board Ridge Elementary in Columbia County

of Education

$

Columbia

Outdoor classroom for Greenbriar

County Board Elementary School in Columbia County

of Education

jc>

Columbia

Purchase wireless technology upgrade at

County Board of Education

Martinez Elementary in Columbia County c4>

Columbia

Purchase wireless technology upgrade at

County Board Stevens Creek Elementary in Columbia

of Education County

$

Columbia

Outdoor classroom for Westmont

County Board Elementary School in Columbia County

of Education

cj>

Columbia

Outdoor Classroom for Lakeside Middle

County Board School in Columbia County

of Education

$

City of Leslie Repair downtown city buildings for

downtown renovation and use by City of

Leslie

$

CityofDeSoto Construction of a new fire station building

in the City of DeSoto

$

Jenkins County Purchase of Millen/Jenkins County Rescue

Unit Vehicle

$

Wayne County Purchase of storm windows for Wayne

Library

County Library

Trustees

$

Bryan County Purchase playground equipment for Lanier

Board of

Elementary in Bryan County

Education

$

Douglas

Science Lab technology equipment for

County Board of Education

Alexander High School in Douglas County
c
4>

Tattnall County Repair roof on the Glenville Middle

Board of

School gymnasium in Tattnall County

Education

$

Tattnall County Purchase band uniforms and instruments

Board of

for Tattnall County schools

Education

$

Tattnall County Purchase emergency equipment for

Tattnall Emergency Management Agency $

681
2,000 5,000 5,000 5,000 5,000 2,000 10,000 25,000 50,000 10,000 5,000 10,000 20,000 5,000 5,000 10,000

682

GENERAL ACTS AND RESOLUTIONS, VOL. I

CityofClaxton Purchase a traffic unit vehicle for Claxton

Police Department

$

City of Claxton Purchase protective gear and breathing

apparatus tanks for Claxton Volunteer Fire

Department

$

Clayton County Purchase of television equipment for

Board of

Mount Zion High School in Clayton

Education

County

$

Clayton County Purchase supplemental teaching materials

Board of

for Morrow High School in Clayton

Education

County

$

Clayton County Purchase of safety cameras for Jonesboro

Board of

High School in Clayton County

Education

$

Clayton County Purchase of teaching supplies for Morrow

Board of

Middle School in Clayton County

Education

$

Clayton County Purchase of supplies for health clinic at

Board of

Adamson Middle School in Clayton

Education

County

$

Chatham

Promote and enhance leisure opportunities

County

in Chatham County and provide capital

equipment improvements

$

Columbia

Purchase wireless technology upgrade at

County Board Riverside Middle School in Columbia

of Education County

$

Columbia

Athletic improvements for Greenbriar

County Board High School in Columbia County

of Education

$

Columbia

Athletic improvements at Lakeside High

County Board School in Columbia County

of Education

$

City of

Operation of the Convention and Visitors

Milledgeville Bureau in the City of Milledgeville

$

Clarke County Renovation of the Athens Regional

Attention Home youth emergency shelter

in Clarke County

$

City of

Printing and mailing Andersonville Trail

Andersonville Association brochures

$

City of

Construct parking spaces and enlarge

Montezuma

driveway access at the Montezuma City

Hall

$

Clarke County Purchase customized box truck to

transport art for Georgia Museum of Art in

Clarke County

$

5,000 5,000 10,000 15,000 10,000 15,000 5,000 45,000 10,000 15,000 15,000 15,000 25,000 5,000 10,000 40,000

GEORGIA LAWS 2001 SESSION

Sumter County Purchase Fire Truck and associated

Board of

communications equipment for S.W.

Commissioners Sumter Volunteer Fire Department

$

Ware County Improvements to the Ware County High

Board of

School Stadium

Education

$

City of

Contract for services with Play and Learn

Columbus

Together Program in City of Columbus

$

Effmgham

Equipment for Effmgham County High

County Board School Athletic Department

of Education

$

Franklin

Purchase computer equipment for Life

County Board Connections Program at Franklin City

of Education High School

$

City of Royston Irrigation and sodding of ballfields for

Royston Little League

$

City of Lavonia Construction at City Park in City of

Lavonia

$

Franklin

Repair and renovation of Livestock

County Board Building in Franklin County

of Education

$

City of Franklin Purchase fire truck for City of Franklin

Springs

Springs

$

Columbus/

Contract for services with Boys and Girls

Muscogee

Club of Columbus to provide computer

County

services program in Muscogee County

$

City of Rome Purchase sprinkler system for the Rome

History Museum

$

City of Rome Restore Chieftain's Museum to its original

state for the City of Rome

$

City of Rome Funds for Rome Exchange Club Child

Abuse Prevention Program

$

Clayton County Purchase of reading materials for Mount

Board of

Zion Elementary School in Clayton

Education

County

$

Cobb County Construction of dugouts, scorer's

Board of

booth/press box, and fencing at the girls'

Education

fast pitch softball facilities at Lassiter High

School in Cobb County

$;

Cobb County Construct football field, repair sprinkler

Board of

system and construct/renovate storage

Education

building for Sprayberry High School in

Cobb County

$;

683
78,000 35,000 15,000 10,000 10,000 10,000 10,000 20,000 25,000 120,000 20,000 20,000 20,000
5,000
15,000
25,000

684

GENERAL ACTS AND RESOLUTIONS, VOL. I

Cobb County Construction of a storm sewer drainage

Board of

system at the football concession stand

Education

facilities for Sprayberry High School in

Cobb County

$

City of

Build bronze monument commemorating

Savannah

history of African Americans for the City

of Savannah

$

Murray County Enhancements for Murray County Senior

Citizens Center programs and provide

transportation needs

$

City of

Historic restoration project for the City of

Chatsworth

Chatsworth

$

Columbia

Construct multi-purpose athletic building

County Board at Harlem High School in Columbia

of Education

County

$

Bulloch County Pave bus driver training obstacle course in

Board of

Bullock County

Education

$

DeKalb County Purchase supplies, materials and contract

for services with South DeKalb

Improvement Initiative for senior citizens

recreational therapy in Dekalb County

City of

Renovation of Jefferson High School

Jefferson Board health occupation labs for the City of

of Education Jefferson

Burke County Burke County Library planning phase of

Library

new library

Trustees

Burke County Renovation of Sardis, Girard and

Alexander Gym and purchase of

surveillance camera for the City of Sardis

police department

Augusta/

Purchase computers for

Richmond

Augusta/Richmond County Weed and

County

Seed literacy program

Randolph

Replace carpeting and repair damage to

County Board walls of Randolph/Clay High School

of Education

Banks County Construction cost share for two fire

Board of

stations in Banks County

Commissioners

Meriwether

Purchase band uniforms and provide

County Board baseball field at Manchester High School

of Education in Meriwether County

10,000 10,000 10,000 20,000 35,000 15,000
10,000 10,000 10,000
22,000 10,000 20,000 25,000 30,000

GEORGIA LAWS 2001 SESSION

Augusta/

Contract for services with New Savannah

Richmond

Road Social Services for Multiple

County

Purpose Community Center to

accommodate expansion of services in

Richmond County

$

Augusta/

Contract for services with New Hope

Richmond

Community Center in the City of Augusta

County

$

Muscogee

JROTC equipment enhancements for

County Board Kendrick High School in Muscogee

of Education County

$

McDuffie

Purchase Life Cardiac Monitor and cell

County

phones for EMS staff in McDuffie County $

Chatham

Construct a multi-use neighborhood park

County

in Chatham County

$

City of Guyton Purchase a front-end loader/backhoe for

City of Guyton

$

Effingham

Purchase rescue equipment for Clyo

County Board Volunteer Fire Department in Effingham

of

County

Commissioners

$

Bryan County Technology lab for Bryan County

Board of

Elementary School in Bryan County

Education

$

Cobb County Install fencing and netting at Big Shanty

Park in Kennesaw, Georgia

$

DeKalb County Create an outdoor environmental

Board of

classroom at Toney Elementary School in

Education

Dekalb County

$

DeKalb County Contract with The Forest at Columbia

Resident Association for after school

tutorial and computer program in DeKalb

County

$

City of Atlanta Installation of handicapped equipment at

public venues for South East Community

Cultural Center, Inc. in the City of Atlanta $

City of

Contract with Keep Valdosta/Lowndes

Valdosta

Beautiful to provide an anti-litter program $

Screven County Purchase materials update for Screven

Library

County Library

Trustees

$

DeKalb County Purchase school marquee for Columbia

Board of

Elementary School in DeKalb County

Education

$

685
50,000 10,000 10,000 2,000 10,000 10,000
10,000 5,000 15,000 7,000
2,000 10,000 5,000 30,000 6,000

686

GENERAL ACTS AND RESOLUTIONS, VOL. I

Jackson County Furnish and equip Jackson County

Volunteer Fire Training Facility

$

Grady County Remodel and upgrade present building

housing fire truck for the Calvary

Volunteer Fire Department in Grady

County

$

Grady County Remodel and upgrade livestock pavilion in

Grady County

$

Randolph

Furnish outpatient mental health/substance

County

abuse facility in Randolph County

$

Randolph

Construct fire station/voting precincts in

County

Springdale, Carnegie and the Fourth

District in Randolph County

$

Quitman

Replacement of fire pumper truck lost in

County

fire for Quitman County

$

Crawford

Furnishings and fixtures for new

County

courthouse in Crawford County

Commission

$

DeKalb County Contract with Lynwood Park Community

Board of

Project, Inc. for home renovation project

Commissioners and purchase of supplies and office

equipment in DeKalb County

$

Talbot County Purchase furnishings for New Horizons

CSB mental health

$

CityofWadley Remodeling of Wadley Community Center $

Cobb County Purchase and install safety lights from

Board of

main building to P.E. building at Kincaid

Education

Elementary in Cobb County

$

Macon County Purchase computer system for Macon

County Sheriffs Department

$

CityofDalton Contract for services with the Northwest

Georgia Girls' Home in the City of Dalton $

Hall County

Recondition the East Hall baseball field in

Board of

Hall County

Education

$

Macon County Renovation of portion of Oglethorpe

Government Office Building

$

Chattooga

Purchase and install ceiling fans and door

County Library at Chattooga County Library

Trustees

$

City of Rome Children Helping Children funding for at

risk children in City of Rome and Floyd

County

$

CityofVidalia Pave parking lot at the Ed Smith Complex

for the CityofVidalia

$

10,000
10,000 5,000 22,000
20,000 25,000
20,000
25,000 30,000 20,000
5,000 20,000 10,000
35,000 20,000 10,000
20,000 20,000

GEORGIA LAWS 2001 SESSION

DeKalb County Provide women's support programs

through the Newcomer's Network Refugee

Service Organization in DeKalb County $

DeKalb County Contract for services with Scottdale

Community Planning H.I.P.S (Home

Improvement Program For Seniors) to

provide home maintenance program for

seniors in DeKalb County

$

Cobb County Construct bleachers at Osborne High in

Board of

Cobb County

Education

$

Cobb County Replace Security System at Osborne High

Board of

in Cobb County

Education

$

Clayton County Athletic equipment, fine arts program, and

Board of

band programs for Northcutt Elementary

Education

in Clayton County

$

City of Smyrna Construction of a deck at the Smyrna

Community Center

$

Fannin County Construct two fire stations for Fannin

County Fire Department

$

Greene County Tourism marketing project for Georgia's

Board of

Lake Country in Greene County

Commissioners

<r
4>

Clayton County Athletic equipment, fine arts programs,

Board of

and band programs for Oliver Elementary

Education

School in Clayton County

$

Clayton County Athletic equipment, fine arts programs,

Board of

and band programs for North Clayton

Education

Middle School in Clayton County

$

Augusta/

Contract for services with

Richmond

Augusta/Richmond Opportunities Center,

County

Inc. to provide after school and enrichment

programs

$

City of Climax Renovation of the Community Senior

Citizens Center for the City of Climax

$

Chattahoochee Purchase computer, printer and internet

County

service for the Chattahoochee County

Sheriffs Department

$

City of Lavonia Purchase of vehicle and equipment for the

Lavonia Police Department

$

City of Toccoa Field improvements for City of Toccoa

Little League

$

Dougherty

Construct and landscape a memorial to

County

Confederate soldiers in Dougherty County $

687
5,000
2,000 10,000 10,000 5,000 5,000 10,000 15,000 5,000 5,000
5,000 10,000 2,000 25,000 15,000 25,000

688

GENERAL ACTS AND RESOLUTIONS, VOL. I

City of

City of Talbotton downtown revitalization

Talbotton

project

$

Town of

Assistance with critical water/well

Thunderbolt restoration project in the City of

Thunderbolt

$

Colquitt County Facilitate improvements in the Autreyville

Board of

Community Volunteer Fire Department in

Commissioners Colquitt County

$

DeKalb County Little league teams programs at the

Belvedere Athletic Association in DeKalb

County

$

City of Lyons Construction of teeball field and

improvements to parking facilities in the

City of Lyons

$

City of Alamo Expansion of the Alamo Fire/Police

Department complex

$

Clayton County Athletic equipment, fine arts program and

Board of

band programs for North Clayton High

Education

School in Clayton County

$

Clayton County Athletic equipment, fine arts program, and

Board of

band programs for West Clayton High

Education

School in Clayton County

$

City of

Re-roof and replace carpet at City Hall and

Unadilla

Elizabeth Harris Library in the City of

Unadilla

$

DeKalb County Repair Zonolite Storm Water Drainage

System in DeKalb County

$

DeKalb County Construction of sidewalk on Briarwood

Road In DeKalb County

$

Lincoln County Construction of building and purchase of

equipment for Martins Crossroads

Volunteer Fire Department in Lincoln

County

$

City of

Capitol improvement project for

Savannah

Greenbriar Children's Center, Inc. in the

City of Savannah

$

Glynn County Purchase Infrared Fire Helmet for

firefighters in Glynn County

$

Elbert County Start up of communities in schools in

Elbert County

$

Richmond

Purchase equipment and furnishings for

County Board use in the Technical Education Program at

of Education Glenn Hills High School in Richmond

County

$

20,000 35,000 15,000 5,000 10,000 10,000
5,000 5,000 20,000 30,000 30,000
10,000 50,000
8,000 1,000
10,000

GEORGIA LAWS 2001 SESSION

City of Cairo L.B. and Eula Powell Memorial Youth

Fund, Inc. to provide after school tutorial

program in the City of Cairo

$

City of

Purchase and install bleacher covers for

Glennville

two fields for Glennville Recreation

Department

$

Greene County Partial restoration of historic Greene

County jail

$

Meriwether

Football field enhancements and landscape

County Board project for Greenville High School in

of Education Meriwether County

$

Greene County Purchase and install fence around Greene

County airport

$

Effingham

Training equipment for Effingham County

County

Sheriffs Department

$

Clayton County Athletic equipment, fine arts program, and

Board of

band programs for Church Street

Education

Elementary School in Clayton County

$

City of

Purchase fire truck (Tanker) for the City of

Concord

Concord

$

Montgomery Assist with recreational facility

County

improvements in Montgomery County

$

Wheeler

Purchase sports equipment and provide

County

improvements to recreation department in

Wheeler County

$

City of Fargo Construct basketball courts for the City of

Fargo

$

Fannin County Repair roof and install air conditioning at

Epworth Community Center in Fannin

County

$

City of

Purchase fire equipment for the City of

Patterson

Patterson

$

Elbert County Purchase building for office and

concession stand at McWilliams Park in

Elbert County

$

Oconee

Purchase computers, software and

Regional

equipment for Oconee Regional Library in

Library

the City of Dublin

Trustees

$

Lincoln County Complete pavilion in a park in Lincoln

County

$

City of

Addition to athletic field house at Gordon

Chickamauga Lee High School for the City of

Board of

Chickamauga

Education

$

689
8,000 10,000 20,000 30,000 22,000 5,000 5,000 50,000 10,000 10,000 10,000 20,000 5,000 10,000
5,000 12,000
20,000

690

GENERAL ACTS AND RESOLUTIONS, VOL. I

City of

Building/display project for Steamship

Savannah

Savannah

$

Town of

Construction of a city hall/fire house in

Allentown

Allentown

$

Oglethorpe

Purchase bleachers and construction of

County

football field in Oglethorpe County

$

Greene County Purchase lights for track field at the high

Board of

school in Greene County

Education

$

Oglethorpe

Purchase band uniforms for high school in

County Board Oglethorpe County

of Education

c^

Putnam County Repair boiler system in Putnam County

Hospital

Hospital

Authority

$

Fulton County Transportation for low-income, low

Board of

achieving students following an academic

Education

after-school program in Fulton County

$

City of

Downtown revitalization around Lomar

Lincolnton

Springs for the City of Lincolnton

$

City of

Water and construction project in the City

LaFayette

of LaFayette

$

Newton County Purchase playground improvements and

Board of

construction at Fiquett Elementary School

Education

in Newton County

$

DeKalb County Contract with South Dekalb Improvement

Initiative, Inc. to staff and supply Saturday

tutorial sessions for school year (SLAM

64) in DeKalb County

$

City of

Renovation and Restoration of Historic

Brunswick

Ritz Theater for the City of Brunswick

$

DeKalb County Contract with Family Technology

Board of

Resources for after school tutorial

Education

program, purchase supplies, books,

material, equipment and instruction in

DeKalb County

$

City of

Improvements to park area and walking

Ashburn

track at Elderly Village in the City of

Housing

Ashburn

Authority

$

Turner County Purchase computer and other equipment

for Turner County EMS

$

City of Rebecca Recreation improvements for the City of

Rebecca

$

10,000 50,000 21,000 3,000 10,000 25,000 5,000 5,000 25,000 10,000
30,000 20,000
3,000
15,000 5,000 5,000

GEORGIA LAWS 2001 SESSION

City of

City park and recreation improvements, to

Warwick

include watering system and bleachers,

for the City of Warwick

$

City of Poulan Purchase computer system for the City of

Poulan

$

City of Sumner Walking track and recreation

improvements in City of Sumner's park

and softball complex

$

CityofTyTy Recreation and downtown improvements

for the CityofTyTy

$

City of Villa

Local recreation programs for the City of

Rica

Villa Rica

$

City of Mt.

Purchase of equipment for primary health

Zion

care center in the City of Mt. Zion

$

City of Temple Gymnasium for recreational use in the

City of Temple

$

Fulton County Implement greenspace program at the

Williams Payne Community Center in

Fulton County

$

Meadows

Purchase furniture for Meadows Regional

Regional

Medical Center student residences in the

Medical Center CityofVidalia

Hospital

Authority

$

DeKalb County Contract with Robert Shaw Theme School

Board of

Interchange Program in DeKalb County

Education

$

Wilkes County Refurbish county EMS headquarters in

Wilkes County

$

City of

Preservation project for historic downtown

Chickamauga City of Chickamauga

$

Elbert County Construct building for Sweet City Fire

Department in Elbert County

$

Bibb County

Operating expenses for Adopt-Role-Model

program in Bibb County

$

Bibb County

Operating expenses for Middle Georgia

Council on Drugs in Bibb County

$

City of Fort

Road improvements within the City of

Oglethorpe

Fort Oglethorpe

$

Clayton County Purchase computer equipment for

Board of

Kendrick Middle School in Clayton

Education

County

$

Marion County Purchase band uniforms for Tri-County

Board of

High School in Marion County

Education

$

691
5,000 5,000
5,000 5,000 20,000 5,000 15,000
5,000
5,000
5,000 5,000 10,000 15,000 20,000 15,000 10,000
5,000
35,000

692

GENERAL ACTS AND RESOLUTIONS, VOL. I

Calhoun

Purchase air compressor and breaker for

County Board high school in Calhoun County

of Education

$

Frwin County Repair library building and expansion of

Library

services in Irwin County

Trustees

$

Camden

Tennis courts and satellite equipment for

County Board Camden County High School

of Education

c4>

Bibb County Operating expenses for Tubman African

American Museum in Bibb County

$

Bibb County Operating expenses for Hay House in

Macon in Bibb County

$

Emanuel

Improvements to Technology Park in

County

Emanuel County

$

Jackson County Update Self Contained Breathing

Apparatus (SCBA) for the Jackson

County Fire Department

$

Glynn County Obtain architectural design funds for

Lighthouse Museum addition in Glynn

County

$

Clayton County Purchase band uniforms for Riverdale

Board of

High School in Clayton County

Education

c
4>

Fulton County Contract with Inner Strength, Inc. to

Board of

provide mentoring and tutorial programs in

Commissioners Fulton County

$

City of Metter New fencing for softball fields at the

Metter Candler Recreational Park in the

City of Metter

$

City of Macon Operating expenses for Douglass Theater

in the City of Macon

$

City of Macon Operating expenses for Booker T.

Washington Center in the City of Macon $

Newton County Purchase playground improvements and

Board of

construction at Palmer Stone Elementary

Education

School in Newton County

$

Newton County Purchase playground improvements and

Board of

construction at Livingston Elementary

Education

School in Newton County

$

Newton County Purchase improvements and construction

Board of

at the Cardinal's Roost located at

Education

Livingston Elementary School in Newton

County

$

30,000 10,000 40,000 150,000 50,000 75,000 10,000 7,000 20,000 3,000 5,000 50,000 50,000 5,000 5,000
5,000

GEORGIA LAWS 2001 SESSION

Newton County Construction and improvements of a park

in City of Covington

$

Emanuel

Purchase equipment and supplies for

County

Emanuel County Library

$

City of

Park improvement and equipment,

Blackshear

Historical Depot renovation and

furnishings for the City of Blackshear

$

City of

City beautification in the City of

Homeland

Homeland

$

City of Nahunta Repairs and improvements to Community

Building in the City of Nahunta

$

Colquitt County Construct a Volunteer Fire Department in

rural Colquitt County and purchase turn-

out gear and firefighting equipment

$

City of Smyrna Contract with Lil Angels Learning Center

for building renovation in the City of

Smyrna

$

Brantley

Purchase computers and related equipment

County Board for Hoboken Elementary School in

of Education Brantley County

$

DeKalb County Contract with Rainbow International

Board of

Chapter to provide computer training in

Education

DeKalb County

$

DeKalb County Program to compliment PTA program at

Board of

Edward L. Bouie, Sr. Elementary School

Education

in DeKalb County

$

City of

Operating funds for the City of

Swainsboro

Swainsboro

$

City of

Purchase equipment or protective gear for

Glennville

Glennville Fire Department

$

City of

City of Waynesboro Phase II Historic

Waynesboro Beautification Project.

$

Augusta/

Assist Golden Harvest Food Bank with

Richmond

warehouse expansion and program

County

operation in Richmond County

$

City of Powder Construction of the Powder Springs

Springs

Veterans Memorial

$

Randolph

Purchase a van to transport handicapped

County

by hospital and nursing home in Randolph

County

$

Eastman/Dodge Utility construction in Eastman/Dodge

Development County

Authority

$

Athens/Clarke Health education and outreach program at

County

Athens Neighborhood Health Center

$

693 10,000 10,000
10,000 5,000 5,000
15,000
5,000
5,000
15,000
1,000 10,000 5,000 23,000
25,000 15,000
25,000
25,000 25,000

694

GENERAL ACTS AND RESOLUTIONS, VOL. I

DeKalb County Program to compliment PTA program at

Board of

Naarvie J. Harris Elementary in DeKalb

Education

County

$

Charlton

Purchase computer carts and equipment

County Board for St George Elementary in Charlton

of Education County

$

DeKalb County Program to compliment PTA program at

Board of

Rainbow Elementary school in DeKalb

Education

County

$

Liberty County Construct sidewalks around parking area

Board of

and school at Midway School in Liberty

Education

County

$

DeKalb County Program to compliment PTA program

Board of

Cedar Grove High School in DeKalb

Education

County

$

City of Atlanta Operational expenses related to the

community without walls and mainstage

productions at Jomandi Theater in the

City of Atlanta

$

Cityof

Purchase of public safety equipment for

Wrightsville the City of Wrightsville

$

DeKalb County Program to compliment PTA program at

Board of

Southwest DeKalb High School in DeKalb

Education

County

$

City of Omega Construct a community shelter and

purchase picnic tables and other

equipment in City of Omega

$

DeKalb County Program to compliment PTA program at

Board of

Bob Mathis Elementary School in DeKalb

Education

County

$

DeKalb County Program complimenting PTA program at

Board of

Browns Mill Elementary School PTA in

Education

DeKalb County

$

DeKalb County Program complimenting PTA program at

Board of

Cedar Grove Elementary in DeKalb

Education

County

$

DeKalb County Programs complimenting PTA program at

Board of Education

Chapel Hill Elementary in DeKalb County c3>

DeKalb County Program to compliment PTA program at

Board of

Clifton Hill Elementary in DeKalb County

Education

$

Bibb County Purchase band uniforms at Southwest

Board of

High School in Bibb County

Education

$

1,000 1,000 1,000 35,000 1,000
300,000 20,000
1,000 15,000
1,000
~
1,000 1,000 1,000 1,000 10,000

GEORGIA LAWS 2001 SESSION

Fulton County Contract for services with the Old National

Board of

Merchants Association for after school

Education

program in Fulton County

$

DeKalb County Program to compliment PTA program at

Board of

Cedar Grove Middle School in DeKalb

Education

County

$

DeKalb County Program to compliment PTA program at

Board of

Chapel Hill Middle School in DeKalb

Education

County

$

Johnson

Renovation of rural fire department,

County

Johnson County Library and recreation

facility in Johnson County

$

Fulton County Matching funds for federal grant to Senior

Board of

Citizens Quality of Life Initiative in Fulton

Education

County

$

Laurens County Purchase and upgrade rescue equipment

for Rock Springs Volunteer Fire

Department in Laurens County

$

Laurens County Purchase polygraph machine for Laurens

County

$

Laurens County Purchase safety mats for competition

Board of

cheerleading squad for West Laurens

Education

Middle School in Laurens County

$

City of

Playground equipment purchase,

Sylvester

landscaping, repairs and renovations to

tennis courts in Historic Jeffords Park in

the City of Sylvester

$

DeKalb County Contract with South DeKalb YMCA to

provide for after school tutorial in DeKalb

County

$

Fulton County Contract for services with Atlanta

Board of

Business League for educational program

Commissioners in Fulton County

$

Washington

Purchase equipment for Washington

County

County Hospital

Commission

$

City of

Repair of Community Health Building for

Sandersville the City of Sandersville

$

Bacon County Purchase kitchen equipment for the

Alma/Bacon County Veterans of Foreign

Wars

$

DeKalb County Neighborhood improvement and

beautification projects for five DeKalb

County communities

$

695
45,000 1,000 1,000
17,500 15,000 5,000 5,000 5,000
25,000 5,000 5,000 60,000 50,000 1,000 5,000

696

GENERAL ACTS AND RESOLUTIONS, VOL. I

Terrell County Purchase 911 Incoming Recorder in

Commission Terrell County

$

City of Norman Purchase computer and public safety

Park

equipment for the City of Norman Park

Police Department

$

City of East

Expansion of water and sewer and right of

Dublin

way purchase for the City of East Dublin $

City of

Recreation funds for City of Rockmart

Rockmart

and little league program

$

City of Aragon Recreation funds for the City of Aragon $

DeKalb County Neighborhood improvement and

beautification projects for five DeKalb

County communities

$

City of Alma Improvements and furnishings for

Masonic Lodge and Martin Luther King

Jr. Park in the City of Alma

$

City of

Purchase of public safety equipment for

Soperton

the City of Soperton

$

Gwinnett

Construction of restroom and concession

County Board facilities for Grayson High School in

of Education Gwinnett County

$

City of

Study of and improvements to the City of

Kingston

Kingston water system and drilling of new

well

$

City of

Recreation funding for the City of

Euharlee

Euharlee

$

City of

Recreation improvements for the City of

Cedartown

Cedartown

$

Polk County Funding for the Polk County Children's

Advocacy

$

City of

Repair and renovate City Hall in City of

Stillmore

Stillmore

$

DeKalb County Neighborhood improvement and

beautification projects for four DeKalb

County communities

$

DeKalb County Neighborhood improvement and

beautification project in the Chapel Park

Subdivision of DeKalb County

$

Charlton

Purchase fire and rescue equipment for

County

Charlton County

$

Heard County Paving driveway and parking lots of new

Board of

middle school in Heard County

Education

$

30,000
5,000 10,000 45,000 25,000
5,000
15,000 17,000
20,000
25,000 25,000 45,000 25,000 5,000
5,000
1,000 20,000
40,000

GEORGIA LAWS 2001 SESSION

Crawford

Improve/upgrade physical plant of

County

gymnasium housing Boys and Girls Clubs

of Roberta in Crawford County

$

Bacon County Purchase band uniforms and equipment for

Board of

the Bacon County High School

Education

<c
4>

Newton County Purchase playground improvements and

Board of

construction at Porterdale Elementary

Education

School in Newton County

$

City of Newnan Partial funding for construction of the

Newnan Boys and Girls Club

$

Bibb County Green Space acquisition in Bibb County $

City of Atlanta Contract for services with Kids Around

Metro Perimeter of Atlanta to provide

summer camp and outreach programs

$

City of Atlanta West Hunter Tutorial and After school

programs for the City of Atlanta

$

City of

Purchase of educational aids for the DARE

Covington

program for the City of Covington Police

Department

$

Bulloch County Construct bike/walking paths for Mill

Creek Park in Bullock County

$

Peach County Purchase equipment for volunteer fire

department in Peach County

$

Newton County Purchase playground improvements and

Board of

construction at Fairview Elementary

Education

School in Newton County

$

Treutlen

Expansion and renovation of Treutlen

County

County Courthouse

$

Walton County Construct Fitness trail in West Walton

Board of

County Park

Commissioners

04>

Bibb County Purchase costumes and stage equipment

Board of

for Show Choir at Central High School in

Education

Bibb County

$

Brantley

Brantley County Historical Society

County

equipment, fire department funds,

recreation park and walking track

$

Brantley

Operating funds for Brantley County

County

Intergovernment Relations

$

Bleckley

Purchase uniforms and equipment for

County Board Bleckley Band Boosters in Bleckley

of Education County

$

697
10,000 5,000 5,000 15,000 70,000
10,000 20,000
5,000 25,000 10,000
10,000 15,000 20,000 10,000
20,000 10,000 25,000

698

GENERAL ACTS AND RESOLUTIONS, VOL. I

Columbus Consolidated Government Towns County
Towns County
Towns County
Towns County Board of Education White County
Union County
Rabun County
Rabun County
Rabun County
City ofClayton
Rabun County Rabun County
Rabun County Wilkinson County City of Atlanta
Fulton County Board of Education Fulton County Board of Education Fulton County Board of Education City of Cuthbert

Maintenance and operation expense for the

Liberty Theater Cultural Center, Inc. in the

City of Columbus

$

Purchase equipment and improve baseball

fields for Towns County Recreation

$

Purchase fire and rescue equipment for

Towns County Fire and Rescue

$

Replace equipment and repair fire damage

at the Towns County Day Care

$

Offset cost of parking lot changes and

resurfacing in Towns County

$

Purchase equipment for the Shoal Oak Fire

Station in White County

$

Improvements in recreation department for

the Town of Suches

$

Purchase equipment for the Chechero Fire

Department in Rabun County

$

Repair historic school building for the

Persimmon Community Club in P.abun

County

$

Purchase rescue equipment for Rabun

County EMS Rescue

$

Move utilities for widening Hwy 44 1 for

the City ofClayton

$

Battered women's shelter in Rabun County $

Operation of Rabun Youth Center in

Rabun County

$

Purchase land for Rabun County Day Care $

Purchase mini bus for Wilkinson County

4-H program

$

Contract with Cascade Ministries, Inc. to

provide for Cascade Job Training Initiative

for the City of Atlanta

$

Purchase of technology/computer for

classroom use at Medlock Bridge

Elementary in Fulton County

$

Create an Environmental Outdoor

classroom At Ocee Elementary School in

Fulton County

$

Purchase of computer lab on wheels for

the State Bridge Elementary School in

Fulton County

$

Restoration of historic dwelling to be used

for museum for the City of Cuthbert

$

125,000 10,000 25,000 10,000
12,000 15,000 25,000 15,000
12,000 40,000 65,000 10,000 14,000 55,000 28,000
10,000
15,000
10,000
15,000 20,000

GEORGIA LAWS 2001 SESSION

Fulton County Improvements to multipurpose facility for

the Harriett G. Darnell Senior Citizen

Center in Fulton County

$

City of

Contract for services with Columbus

Columbus

Youth Network

$

Walker County Pave parking lot at drivers license facility

Columbus

in Rock Spring

$

Business incubator and job training for at-

Consolidated risk teenagers and young adults in the City

Government

of Columbus

$

Fulton County Purchase and install surface for Milton

Board of

High School track in Fulton County

Education City of

$ Purchase of tractor with side mower and

Fairmont

rear mower for the City of Fairmont

$ City of Atlanta Contract for service with Simpson Road

House of Hope for the City of Atlanta

$

City of Bowden Restoration and relocation of the first

home in the City of Bowdon and renovate

and design historical park and cemetery $

City of Bowden Renovation of football bleachers, gates

and press box, and ADA handicap gate at

Bowdon High School

$

City of Milan Assistance in the relocation of the Milan

Basketball Gym

$

Cherokee

Purchase band uniforms for Etowah High

County Board School in Cherokee County

of Education

$

Columbus

Contract for services with Project

Consolidated Rebound for community based

Government

intervention program for students at-risk in

the City of Columbus

$

DeKalb County Emergency funding for Reach School and

Elaine Clarke Schools for special need

students in DeKalb County

$

Dougherty

Contract for services with River Road, Inc.

County

d/b/a SAFEC to provide community social

service programs in Dougherty County

$

Dougherty

Day care services for senior adults in

County

Dougherty County

$

Cherokee

Athletic improvements for the Etowah

County Board High School in Cherokee County

of Education

$

699
50,000 10,000 8,000 60,000 20,000 27,000 20,000 15,000 40,000 20,000 12,000
50,000 40,000 10,000 15,000 12,000

700

GENERAL ACTS AND RESOLUTIONS, VOL. I

City of Rentz Purchase of equipment and improvements

for solid waste and fire department for the

City of Rentz

$

City of

Contract with Men of Action, Inc. for

Columbus

mentoring program in the City of

Columbus

$

Monroe County Repairs, renovations, equipment, and

Board of

furnishings for Old Hubbard Dormitory

Education

Building in Monroe County

$

Baker County Contract with Georgia Empowerment and

Board of

Resources to promote growth and

Education

development of community in Baker

County

$

City of Cadwell Purchase of equipment and improvements

fortheCityofCadwell

$

Gwinnett

Purchase outdoor activity equipment for

County Board Annistown Elementary School in Gwinnett

of Education County

$

DeKalb County Purchase signage for Rock Chapel

Board of

Elementary school grounds in DeKalb

Education

County

$

Monroe County Recreation park construction and

improvements in Monroe County

$

City of

Renovate and make streetscape

Donalsonville improvements in the City of

Donalsonville

$

DeKalb County Contract for services with IAM, Inc. to

provide tutorial and leadership programs

for South DeKalb County

$

Columbus

Renovation of Memorial Stadium for

Consolidated expansion of facility and maintenance and

Government operation of Adah-Air, Mack Pack

Community Center in the City of

Columbus

$

Laurens County Fire department and solid waste

improvements in the Cedar Grove

Community in Laurens County

$

City of Cairo Refurbishment and equipment for City of

Cairo Movie House

$

Columbus

Youth mentoring program for the City of

Consolidated Columbus

Government

$

Jackson County Purchase of equipment for Harrisburg

Volunteer Fire Department in Jackson

County

$

20,000 5,000 10,000
25,000 15,000 30,000 3,000 25,000 20,000 10,000
50,000 10,000 25,000 25,000 10,000

GEORGIA LAWS 2001 SESSION

DeKalb County Purchase of education supplies, robes and

uniforms for the South DeKalb Youth

Choir in DeKalb County

$

DeKalb County Purchase of band uniforms for Lithonia

Board of

High School in DeKalb County

Education Bleckley

$ Improvements to the Bleckley County

County

Courthouse

$

Dodge County Improvements in athletic program at

Board of

Dodge County High School

Education Bleckley

$ Equipment for Sheriffs Department in

County

Bleckley County

$

Jones County Purchase equipment for Tri-Community

Volunteer Fire Department in Jones

County

$

DeKalb County Purchase materials and supplies for media

Board of

center at Forrest Hill Elementary School in

Education Bleckley

DeKalb County

$

Construction project at Bleckley County

County Board High School football stadium

of Education

$

DeKalb County Contract for services with Mothers Raising

Sons, Inc. to purchase supplies and

provide programs in DeKalb County

$

DeKalb County Contract with S.E.E.D. Organization to

provide employment training to youth in

DeKalb County

$

DeKalb County Charter Education Seminars for students at

Board of

Stephenson Middle School in DeKalb

Education

County

$

Telfair County Industrial development in Telfair County

Development

Authority City of

$ Purchase mosquito spraying machine for

Donalsonville the City of Donalsonville

$

City of Atlanta Create new and upgrade existing baseball

fields and facilities at Mozley Park and

Center Hill Park in the City of Atlanta

$

Monroe County Develop inspection and preservation plan

for Monroe County Confederate Memorial

Statue

$

DeKalb County Contract for services with Trinity Warriors

Youth Association to provide program and

equipment needs in DeKalb County

$

701
5,000 8,000 25,000 25,000 20,000 5,000 9,000 20,000 4,000 2,000 20,000 25,000 10,000 30,000 2,000 3,000

702

GENERAL ACTS AND RESOLUTIONS, VOL. I

City of

Develop inspection and preservation plan

Monticello

for the City of Monticello Confederate

Memorial Statue

$

Gwinnett

Purchase educational materials equipment

County Board and capital improvements for Rockbridge

of Education Elementary in Gwinnett County

$

Monroe County Purchase of medical equipment for

Monroe County Hospital

$

Wilkinson

Grading, base and paved parking area at

County Board Wilkinson County High School

of Education

$

DeKalb County Neighborhood beautification project for

the Toney Gardens Civic Organization in

DeKalb County

$

City of Plains Purchase and refurbish vehicle for the City

of Plains

$

Jasper County Improvements, repairs, equipment, and

Board of

renovations for Rose Bowl Field in Jasper

Education

County

$

Gwinnett

Purchase educational materials,

County Board equipment, and capital improvement for

of Education

Nesbit Elementary in Gwinnett County

$

DeKalb County Contract for services with Miller's

Academy for after school program and

school repairs in DeKalb County

$

City of Pine

Restoration and reconstruction of historic

Lake

lake in the City of Pine Lake

$

City of Atlanta Technology Learning Initiative for

Board of

computer purchases at Benjamin E. Mays

Education

High School in the City of Atlanta

$

DeKalb County Neighborhood beautification project for

the Toney Valley Civic Association in

DeKalb County

$

City of

Stabilization of historical gym in City of

Greenville

Greenville

$

Telfair County Purchase equipment for the Sheriffs

Department and the Probate Court in

Telfair County

$

DeKalb County Contract for services with IAM, Inc. to

provide tutorial and leadership programs in

DeKalb County

$

City of Atlanta After school and summer school tutorial

Board of

programs at Kennedy Middle School in the

Education

City of Atlanta

$

2,000 22,500 10,000 22,000
500 35,000 32,000 22,500 20,000 10,000 10,000
500 12,000 25,000 3,000 20,000

GEORGIA LAWS 2001 SESSION

City of Atlanta Support services provided by NISSI

Foundation to at-risk individuals in the

City of Atlanta

$

Morgan County Repair roof on old jail which is used as an

archive for Morgan County

$

Morgan County Renovation of historic Morgan County

Courthouse

$

Clay County Clay County airport

$

Randolph

Randolph County airport

County

$

University of Implementation of three leadership

Georgia

development strategies in partnership with

the Georgia Academy for Economic

Development, the University of Georgia

Office of Public Service and Outreach and

4-H

$

Georgia

State-wide education, training and on-site

Environmental technical assistance for water and

Facilities

wastewater operators in rural Georgia by

Authority

the Georgia Rural Water Association

$

City of

Fitzgerald Municipal airport

Fitzgerald

<j>c

Walker County Road maintenance in Walker County

$

Walker County Water line improvements in Walker

County

$

Clayton County Develop park in Clayton County

$

Emanuel

Contract for services with Emanuel

County

County Joint Development Authority

$

City of Augusta Contract for services with the Augusta

Mini Theater

$

Pierce County Purchase buildings and equipment and capital

improvements/renovations to the Pierce

County Recreation Department

$

Stephens

Building improvements to help house truck

County

and equipment in Stephens County

$

Stephens

Purchase equipment and office supplies for

County

the Senior Citizens Center in Stephens

County

$

Augusta/

Increase the programs and services at the

Richmond

Augusta Museum of History

County

$

Augusta/

Organizational support for the operation of

Richmond

the Lucy Craft Laney Museum of Black

County

History in Richmond County

$

Augusta/

Purchase food for the poor in Augusta

$

703
20,000 10,000 10,000 25,000 25,000
150,000
125,000 50,000 50,000 25,000 25,000 500,000 250,000
35,000 10,000
20,000
25,000
25,000 25,000

704

GENERAL ACTS AND RESOLUTIONS, VOL. I

Richmond

County

City of Atlanta Residential improvement and economic

development for the Pittsburgh Community in

the City of Atlanta

$

Hall County Umbrella for Operation Center, Search and

Rescue and radio room in Hall County

$

City of Waco Run water and sewer to new

vocational/technical school in the City of

Waco

$

City of Bremen Expansion of Senior Citizens Complex in the

City of Bremen

$

City of Warner Operating expenses at the Air Force Museum

Robins

in Warner Robins

$

Cobb County Renovation and construction of athletic field

Board of

at Kennesaw Mountain High School in Cobb

Education

County

$

Meriwether Drivers education programs at Manchester

County Board and Greenville High Schools in Meriwether

of Education County

$

City of

Contract for services with Community Health

Columbus

Services for community health care in the

City of Columbus

$

Columbus/ Contract for services with Community

Muscogee

Outreach Program

County

cj>

Bibb County Operating funds to Breezy Hill center for

mentally retarded

$

City of Albany Contract for services with East Albany

Service League

$

City of Lithonia Provide funds for South Dekalb Arts Expo $

Fulton County Fund general operating expenses to

Board of

AUDIENCE, Inc. in south Fulton County

Commissioners

c4>

Jenkins County Repair/replace roof on museum/Chamber

Commission building in Jenkins County

$

Effingham

Storage and preservation of historic

County

records in Effingham County

Commission

<o>r

City of Cairo Renovations to the Zebulon movie theater

in the City of Cairo

$

Cobb County Pope High School theater improvements in

Board of

Cobb County

Education

$

City of

Refurbish historic downtown building in $

25,000 35,000
300,000 200,000 90,000
35,000
36,000
25,000
35,000 71,000 25,000 75,000
_ 25,000 25,000
10,000 25,000
20,000 40,000

GEORGIA LAWS 2001 SESSION

Unadilla

the City of Unadilla

City of

Renovations to the Elberton Theater in the

Elberton

City of Elberton

$

Whitfield

Retire loan on Hamilton House for

County

Whitfield/Murray Historical Society in

Commission

Whitfield County

$

City of Atlanta Funds for the Black Arts Festival in the

City of Atlanta

$

City of

Renovation and operating expenses for

Statesboro

Statesboro Arts Council

$

City of Decatur Revitalize three buildings within the

Historic Complex at Adair Park in the City

of Decatur

$

Taliaferro

Renovate the Clock Tower of the

County Board Taliaferro County Courthouse

of

Commissioners

cJ>

City of East

Fund exploratory study into amphitheater

Point

feasibility in South Fulton County

$

City of

Renovation to the interior of historic City

Donalsonville Hall in the City of Donalsonville

$

City of

Renovation of the Warrrenton City Hall

Warrenton

and the historic gymnasium

$

Richmond

Operational funds for The Augusta

County

Museum of History in Richmond County

Commissioners

$

City of

Use of arts and handicrafts to provide

Columbus

activities for citizens of the City of

Columbus

$

Lowndes

Caboose relocation and renovation in

County

Lowndes County

Commissioners

oJ>

Richmond

Help restore services for the Augusta

County

Opera in Richmond County

Commission

$

Richmond

Assist with additional cost of matinees and

County Board expand program for the Augusta Players

of

Commissioners

$

Richmond

Purchase equipment for the new facility at

County Board the Davidson School of Fine Arts in the

of Education City of Augusta

$

Fulton County Purchase of security fence at a Senior

Citizen Center in Fulton County

$

705
50,000 27,000 50,000 15,000 10,000
20,000 25,000 25,000 35,000 25,000 10,000 20,000 25,000
10,000 50,000 55,000

706

GENERAL ACTS AND RESOLUTIONS, VOL. I

Baker County Fund paving and playground for new

Board of

school site in Baker County

Education

c>P

City of Atlanta Citizen education programs in the City of

Atlanta

$

Johnson

Develop lighting for a ballpark in Johnson

County

County

Commissioners

<c
4>

Town of Kite Kite Recreation Department for lighting

ballfield

$

Meriwether

Updating of band equipment and band

County Board facility in Meriwether County

of Education

$

Fulton County Funds for the Kids Gym USA education

Commission

through pre-school in Fulton County

$

Pelham City

Replace tennis courts at schools in the City

Public Schools of Pelham

$

City ofColquitt Purchase lighting for the football/soccer

field in the City of Colquitt

$

Richmond

Funding for the Augusta Youth Center, Inc

County Board

of

Commissioners

$

Dekalb Board Replace equipment at Druid Hills High

of Education School in DeKalb County

$

Paulding

Funds for recreation and equipment for

County Board Paulding County Board of Education

of Education

Richmond

Purchase additional lighting for little

County Board league fields in Richmond County

of

Commissioners

c3>

Polk County Purchase band uniforms for the new

Board of

Rockmart High School Band and make

Education

improvements to recreational building in

Polk County

$

Dekalb County Funds for computer lab to provide training

Board of

for inner-city youth in Dekalb County

Commissioners

Jc>

Douglas

Construct a PlayGarden for children in

County

Douglas County

Commission

$

City of Augusta Assist with the mentoring program at the

Augusta Youth Center, Inc.

$

Richmond

Purchase boxing equipment for the

$

27,750 25,000 10,000 10,000 25,000 25,000 20,000 15,000
5,000 30,000 50,000
20,000
20,000 185,000 25,000
5,000 25,000

GEORGIA LAWS 2001 SESSION

County

Augusta Boxing Club

Commission

DeKalb County Field improvements at the Scottsdale

Board of

Athletic Association in Dekalb County

Commissioners

<3>t

Bibb County Funding for the Central High School

Board of

Academic Decathalon team to attend

Education

national competitions

$

Brooks County Purchase school bus security cameras in

Board of

Brooks County

Education

c4>

Richmond

Operational expenses for Southside

County

Tutorial Program in Richmond County

Commissioners

$

Haralson

Purchase band uniforms for Haralson

County Board County High School

of Education

cj>

Richmond

Purchase additional lighting for West

County

Augusta Little League Fields in the City of

Commission Augusta

$

Richmond

Save Our Students operational funds for

County

National Legacy Foundation in Richmond

Commissioners County

$

City of Morrow Park improvements for the City of Morrow $

Clayton County Boys' mentoring programs at Haney's

Commissioners Harvest House in Clayton County

$

City of

Purchase and install playground equipment

Valdosta

for Fellowship and Hightower Parks in the

City of Valdosta

$

City of Milan Refurbish basketball gym in Milan

$

City Lyons

Purchase playground equipment in the

City of Lyons

$

Irwin County Purchase transportation for Irwin County

Commissioners 4H Club

$

City of

Recreational and park funds for the City of

Cedartown

Cedartown

$

Dekalb County Renovations at Hebrum High School in

Board of

Dekalb County

Education

$

Grady County Seminars for youth in Southwest Georgia

Commission

in Grady County

$

Dekalb County Public health and hygiene programs in

Board of

high schools in Dekalb County

Education

$

Taylor County Rebuild the windows in the Mauk

$

707
25,000
10,000
20,000
30,000
25,000
20,000
100,000 20,000 45,000
30,000 10,000 20,000 5,000 25,000
7,500 10,000
10,000 18,000

708

GENERAL ACTS AND RESOLUTIONS, VOL. I

Commission

Schoolhouse in Taylor County

Gwinnett

Fund computerized reading program for

County Board Grayson Elementary School in Gwinnett

of Education

County

$

City of Lenox Playground equipment and baseball field

repairs for City of Lenox Children's

Community Center

$

City of

Purchase boxing equipment for at risk kids

Columbus

in the City of Columbus

$

City of Atlanta Purchase van for transportation for Grace

Cross Cultural Ministries in the City of

Atlanta

$

City of

Recreational funds to the City of

Carters vi lie

Cartersville

$

Troup County Construction of traffic light in Troup

Commission

County and Troup High School entrance $

Cobb County Lighting and other improvements for the

Board of

soccer field at South Cobb High School in

Education

Cobb County

$

City of Rincon Purchase playground equipment and

fencing for Rincon Recreation Department $

City of Hiram Renovate/upgrade recreational facilities in

the City of Hiram

$

City of Rome Funds for children's programs in the City

of Rome

$

Cobb County Purchase marching band truck for Pope

Board of

High School in Cobb County

Education

$

City of College Renovate 1921 S.R. Young School into the

Park

Tri-Cities Arts Center in the City of

College Park

$

City of Decatur Funds for materials, transportation, meals,

training, and other program expenses in

the City of Decatur

$

Rabun County Purchase recreational equipment for the

Commissioners citizens of Rabun County

$

Cobb County Purchase science software and

Board of

experimental probes in the City of

Education

Mableton at Pebblebrook High School

$

Screven County Purchase computer lab for Screven County

Board of

High School

Education

t*

City of

Improvements to Whitesville park in the

Statesboro

City of Statesboro

$

45,000
25,000 10,000
27,800 25,000 40,000
50,000 10,000 25,000 8,000
20,000
10,000
50,000 15,000
55,000
25,000 7,000

GEORGIA LAWS 2001 SESSION

Bulloch County Purchase equipment for Southeast Bulloch

Board of

High School ROTC

Education

$

Wayne County Construct restroom facilities at the

Commission

ballpark in the City of Jesup

$

Brantley

Purchase property for baseball field in

County Board Brantley County

of

Commissioners

$

City of

Fund educational program for youth in the

Columbus

City of Columbus

$

Johnson

Provide funds for Johnson County

County Library Recreation Department

Trustees

oc>

Bibb County Funds for travel of Bibb County Southeast

Board of

High School student choir to attend

Education

international competition

$

Clayton County Continue program under the program goals

Board of

of the Youth Empowerment Project in

Commissioners Clayton County

$

DeKalb County Lighting for soccer fields at the Stone

Board of

Mountain Youth Association in Dekalb

Commissioners County

$

Gwinnett

Fund band uniforms for Grayson High

County Board School in Gwinnett County

of Education

<c
4>

Muscogee

Fund educational programs in Columbus

County Board area schools

of Education

$

Oconee County Develop youth recreation and playground

Commission

facilities in the City of Bogart

$

Rockdale

Purchase security cameras, monitor and

County Board installation at Honey Creek Elementary in

of Education Rockdale County

$

Randolph

Replace carpeting and repair damage to

County

walls of Randolph/Clay High School in

Commission

Randolph County

$

City of

Fund youth programs in the City of

Columbus

Columbus

$

Richmond

Operational funding for Delta House, Lucy

County

Craft Laney Museum in Richmond County

Commissioners

$

DeKalb County Teach at-risk youth job readiness and

Board of

business skills in Dekalb County

Commissioners

$

709
10,000 30,000
20,000 30,000
5,000 15,000 40,000 25,000 50,000 10,000 17,000
1,500 15,000 25,000 75,000 40,000

710

GENERAL ACTS AND RESOLUTIONS, VOL. I

City of

Purchase playground equipment for

Glennville

recreation department in the City of

Glennville

$

Chatham

Operating expenses at A.E. Beach High

County Board School in Chatham County

of Education

<c
4>

Fayette County Funds for heating and air system for a new

Board of

athletic facility in Fayette County

Education

<3>r

Richmond

Youth Leadership operational expenses for

County

CSRA Economic Opportunity Authority in

Commissioners Richmond County

$

City of Macon Fund anti-gang programs in the City of

Macon

$

Bibb County Purchase band uniforms for students at

Board of

Northeast Magnet High School in Bibb

Education

County

$

City of Macon Implementation of Community Character

Education Program for youth in the City of

Macon

$

Douglas

Fund programs for middle school students

County Board in Douglas County

of Education

$

Long County Long County School System concession

Board of

stand/sports facility

Education

$

Sumter County Acquisition of various instruments for the

Board of

middle school band in Sumter County

Education

<j>c

City of Decatur Fund at-risk youth programs in the City of

Decatur

$

Cobb County Purchase outdoor lights for safety at

Board of

Kincaid Elementary School in Cobb

Education

County

$

Fayette County Purchase new internet ready computers at

Board of

Sandy Creek High School in Fayette

Education

County

$

Jefferson

Purchase lighting for the girls' softball

County Board field in Jefferson County

of Education

cj>

City of Climax Restoration of the city gym in the City of

Climax

$

City of

Construct a playground for the City of

Lincolnton

Lincolnton

$

Chatham

General operating expenses and

$

10,000 25,000 25,000 50,000 20,000 25,000 25,000 25,000 50,000 17,287 50,000
5,000 25,000 40,000 15,000 30,000 50,000

GEORGIA LAWS 2001 SESSION

County

renovations to the Greenbriar Children's

Commissioners Center in Chatham County

City of

Purchase new scoreboards for the

Soperton

recreation park ballfields in the City of

Soperton

$

Long County Pilot soccer program for Long County

Board of

Commissioners

$

Athens-Clarke Construct Stonehenge youth park and

County

sports field in Athens-Clarke County

Commission

$

City of Tyrone Construct little league ball park in the City

of Tyrone

$

Jenkins County Construct buildings for Jenkins County

Commission

Recreation Department

$

Fulton County Fund programs to aid students in Fulton

Board of

County

Commissioners

<j>c

City of Aragon Recreation funds for the City of Aragon

$

Bulloch County Erect lighting of a multi-purpose athletic

Commission

field for the Bulloch County Recreation

Department

$

Wheeler

Expand sports programs in Wheeler

County

County

Commission

c4>

City of Atlanta Establish office space, staff salaries,

purchase developmental materials for Kids

in Discovery of Self for the City of Atlanta $

Laurens County Purchase computers and equipment in

Board of

Laurens County at East Laurens

Education

Elementary

$

Gwinnett

Construct athletic facilities at Brookwood

County Board High School in Gwinnett County

of Education

$

City of

Install lights at the girls softball field in the

Dahlonega

City of Dahlonega

S

City of

Repair playground and repair/replace

Grovetown

playground equipment in the City of

Grovetown

$

DeKalb County Construct a new athletic field in Dekalb

Board of

County

Commissioners

$

Chatham

Operational expenses at MedBank in

County

Chatham County

Commissioners

$

711
10,000 5,554 40,000 25,000 48,000 10,000 25,000 15,000 10,000 30,000 25,000 25,000 15,000 25,000 25,000 5,000

712

GENERAL ACTS AND RESOLUTIONS, VOL. 1

Chatham

Purchase equipment for use in testing and

County

sound booth at Savannah Speech and

Commissioners Hearing in Chatham County

$

City of Decatur Fund medical care for high-risk pregnant

mothers and acutely ill patients in the City

of Decatur

$

City of Atlanta Funds to impoverished children in the City

of Atlanta

$

Clay County

Purchase air conditioning for gymnasium

Board of

at Clay County Elementary School

Education

<^C

Richmond

Programs at the East Augusta Learning

County

Center in the City of Augusta

Commission

$

Johnson

Funds for Johnson County Public Library

County

Commission

$

City of Atlanta Fund after school programs and mentoring

in the City of Atlanta

$

City of Pooler Purchase and install new air conditioning

units at gymnasium in the City of Pooler $

City of

Funding for anti-drug community

Columbus

programs in the City of Columbus

$

Union County Planning for community center, youth

Commission center and double gym in Union County $

City of Atlanta Aid programs at the Herndon Home in the

City of Atlanta

$

Habersham

Purchase furniture and equipment for the

County

Habersham County Senior Center

Commission

oc>

City of

Improvements and equipment upgrades for

Sandersville

Washington County Health Center

$

Calhoun

Funding of medical care for Calhoun

County Board County's indigent patients at Calhoun

of

Memorial Hospital

Commissioners

$

City of East

Purchase van for after school program in

Point

the City of East Point; enrichment courses;

and purchase playground equipment

$

City of Macon Construct an Intergenerational Activity

Center at the Methodist Home for Children

and Youth in Macon

$

Clayton County Develop a fitness center at Clayton County

Board of

International Park

$

11,475 25,000 10,000 12,000 50,000 5,000 39,415 10,000 15,000 25,000 30,000 10,000 50,000
105,000 50,000 20,000 39,000

GEORGIA LAWS 2001 SESSION

Commissioners

City of

Construct pavilion in Donalsonville City

Donalsonville Park

$

Randolph

Purchase a van for handicapped patients in

County

Randolph County

Commission

$

Lowndes

Construct the James M. Beck Youth and

County

Teen Center in Lowndes County

Commissioners

Dekalb County Construct a new headquarters to expand

Commission

Childkind's programs in Dekalb County

$

City of Atlanta Provide funds for Morehouse and Morris

Board of

Brown to develop materials for the City of

Education

Atlanta School System

$

Chatham

Purchase Tympanometers and Oto-

County

Acoustic Emmission Test for Chatham

Commissioners County Equipment

$

City of Atlanta Fund after school programs in the City of

Atlanta

$

City of

Fund three County Retiree Attraction

Valdosta

Programs in the City of Valdosta

c^

City of

Establish a community resource center in

Columbus

the City of Columbus

$

Dekalb County Fund Hispanic women's entrepreneurial

Commission

development program in Dekalb County $

City of Atlanta Funding for health initiative, youth

empowerment, and senior citizens'

programs in the City of Atlanta

$

City of

Assist homeless families in the City of

Columbus

Columbus

$

Dekalb County Fund Steps for Success Programs in

Board of

Dekalb County

Commissioners

<r
4>

Fulton County Fund a youth and adult literacy initiative

Commission

in Fulton County

$

Dekalb County Construct facility for a community senior

Board of

center in Dekalb County

Commissioners

c<p

Glascock

After school program in Glascock County

County Board

of Education

t^

Clayton County Purchase a mini-van for the Meals on

Board of

Wheels program in Clayton County

Commissioners

cJ>

713
25,000 7,500 50,000 10,000 50,000 12,000
20,000 20,000 15,000 10,000 20,000 20,000 38,000 15,000 25,000 40,000 20,000

714

GENERAL ACTS AND RESOLUTIONS, VOL. I

City of Atlanta Fund Adair Park and Oakland City Senior

Citizen Home Rehabilitation,

Beecher/Cascade intersection

improvements in the City of Atlanta

$

Randolph

Furnish outpatient mental health/substance

County

abuse facility in Randolph County

Commission

$

City of

Residential care program in the City of

Columbus

Columbus

$

City of Augusta Assist burn survivors and their families in

the City of Augusta

$

Gwinnett

Construct concession stand and restrooms

County Board for the Grayson Community Stadium

of Education Project, including lights and seating in

Gwinnett County

$

City of Atlanta Purchase instruments, keyboards, axillary

equipment, supplies for arts and crafts, and

piano and vocal books for Cascade

Ministries in the City of Atlanta

$

Muscogee

After school reading program for Dawson

County Board Elementary and Cusseta Road Elementary

of Education

Schools in the City of Columbus

$

Richmond

Operational funding for the CSRA

County

Transitional Center, Inc. in Richmond

Commissioners County

$

Oconee County Purchase van for Senior Center in Oconee

Commission

County

$

Athens-Clarke Renovation of office space for Community

County

Connection staff in Athens-Clarke County

Commission

$

Fulton County Funding for Learning Disabilities

Board of

Association of Georgia programs in Fulton

Education

County

$

Richmond

Operational funds for Beulah Grove

County

Community Resource Center in Richmond

Commissioners County

$

City of

Renovation of community center in the

Concord

City of Concord

$

City of Augusta Operating funds for the Neighborhood

Improvement Project for Richmond

County

$

Barrow County Temporary staff and support for adult

Commission

education and employment center in

Barrow County

$

DeKalb County Education and prevention program for 500 $

30,000 7,000 5,000
20,000
100,000
55,000 75,000 40,000 20,000 30,000 70,000 35,000 25,000 20,000 10,000 20,000

GEORGIA LAWS 2001 SESSION

Commission

minority mothers in Dekalb County

Chatham

Fund Phase II of the Tatemville

County

Gymnatorium in Chatham County

Commissioners

$

City of Harlem Purchase Neighborhood Development

Building in the City of Harlem

$

Terrell County Purchase a vehicle for the Kinchafoonee

Library

Regional Library in Terrell County

Trustees

$

Peach County Facilitate the funding of medical care for

Board of

Peach County's indigent patients

Commissioners

$

City of

Fund mental health and substance abuse

Fairburn

programs in the City of Fairburn center

for women and their children

$

Bartow County Funds to Bartow County for Etowah

Commission

Foundation, Stilesboro Academy, and the

Senior Citizens Group

$

City of Augusta Operating costs for the Grove Resource

Center in the City of Augusta

$

City of

Funds to construct a multi-purpose

Rockmart

recreational center in the City of Rockmart $

Bulloch County Purchase supplies, equipment, and

Commission

materials for a community center in

Bulloch County

$

Douglas

Operations of Douglas County First Step

County

Program

Commission

c4>

Dougherty

Fund planning phase and renovations to

County Board the Parks at Chehaw in Dougherty County

of

Commissioners

$

City of Atlanta Funding for refurbishing and updating

systems at the in town Community

Assistance Center in Atlanta

$

Putnam County Park construction in Putnam County

Board of

Commissioners

$

City of Rome Fund programs and office space for after-

school programs in the City of Rome

City of Douglas Funds for a master plan for parks in the

City of Douglas

Morgan County Renovations of a park in Morgan County

Board of

Commissioners

715
5,000 25,000 17,000 100,000 25,000 30,000 20,000 50,000
7,000 27,500
50,000 15,000 15,000 20,000 15,000 10,000

716

GENERAL ACTS AND RESOLUTIONS, VOL. I

Dekalb County Help to maintain aquarium and scholastic

Board of

libraries in Indian Creek School in Dekalb

Education

County

$

City of Rome Purchase address markers made from

angle iron to assist in emergency location

of homes in the City of Rome

$

Lumpkin

Construct Emergency Shelter for Indigent

County

residents of Lumpkin County

Commission

Fayette County Fund a new facility for the seniors in

Board of

Fayette County

Commissioners

$

Toombs County Construct athletic complex in the City of

Board of

Vidalia

Education

$

Jeff Davis

Provide funds for Safe and Sober program

County

in Jeff Davis County

Commissioners

$

Chatham

Purchase resource materials for the Parent

County

Resource Center and a counselor at

Commissioners Lutheran Ministries in Chatham County $

Barrow County Provide abuse prevention programs in

Commission

Children's Advocacy Center in Barrow

County

$

Houston

Fund start-up costs for new residential

County

program for mentally ill adults in Houston

Commission

County

$

City of College Provide scholarships and general operating

Park

costs at Promise Children's Home in the

City of Co liege Park

$

DeKalb County Construct a new community center in

Board of

Dekalb County

Commissioners

$

Richmond

Operational funding for Delta Leadership

County

Training Program in Richmond County

Commissioners

City of College Funds for after-school programs in the

Park

City of College Park

$

Fulton County Operational expenses for United

Board of

Community Association, Inc in Fulton

Commissioners County

$

Dekalb County Construction of the International Village

Commission

Cultural and Community Center in

DeKalb County

$

City of

Renovation of newly acquired city

$

15,000 10,000 25,000 50,000 30,000 10,000 10,000 10,000 20,000 10,000 25,000 20,000 20,000 40,000 150,000 65,000

GEORGIA LAWS 2001 SESSION

Luthersville

hall/community building and senior center

in the City of Lutherville

Muscogee

Purchase supplies and travel funds for the

County

child development center in Muscogee

Commission County

$

City of

Purchase a "jaws of life", vehicle, and

Reynolds

training for officers in the City of

Reynolds

$

City of

Shelter and concentrated care for troubled

Whitfield

girls in Whitfield County

$

Union City

Purchase equipment and provide training

for Keep South Fulton Beautiful in Union

City

$

City of

Expanding and renovation of Pineview

Pineview

City Hall

$

City of Claxton Purchase police car and equipment for the

Claxton Police Department

$

Bryan County For the construction of North Bryan

Commission

Industrial park in Bryan County

$

Randolph

Construct firestation/voting precincts in

County

Springvale, Carnegie and Randolph

Commission

County

$

DeKalb County Expand parking facilities at both baseball

Commission and football park at Midway Youth

Association in Dekalb County

$

Jenkins County Provide for rescue unit in Jenkins County

Commission EMA

$

City of Rome Technology and Media Resources,

Software for RESA in the City of Rome $

Glascock

Restoration of courthouse in Glascock

County

County

Commissioner

$

Newton County Purchase cameras for patrol cars in

Commissioners Newton County

$

City of Atlanta Fund Capacity Building Initiative for

Georgia Nonprofit Community in Fulton

County

$

Habersham

Renovate Habersham County's fairground

County

facilities

Commission

$

Emanuel

Fund economic development project for

County

Emanuel County

Commission

$

City of

Installation of the Georgia Crime

Avondale

Information Center (GCIC) equipment in $

717
28,000 30,000 10,000 25,000 20,000 10,000 50,000 6,500 16,500 10,000 7,000 10,000 30,000 20,000 30,000 25,000
9,000

718

GENERAL ACTS AND RESOLUTIONS, VOL. I

Estates

the police department in the City of

Avondale Estates

Dawson

Computer indexing of Deed Records in

County

Dawson County

Commission

$

City of Hagan Funds to purchase police car for the City

of Hagan

$

White County Purchase supplies, equipment and

Board of

computers in White County

Commissioners

<c
4>

City of Alamo Beautification of park in downtown Alamo $

Effingham

Development of Educational Center site

County Board and infrastructure in Effingham County

of

Commissioners

cj>

Morgan Board Construct Burn Trailer Fire Training

of

Facility in Morgan County

Commissioners

cj>

Bryan County Purchase a four wheel drive unit for the

Commission

fire department in Bryan County

$

City of

Purchase land adjacent to city park in the

Soperton

City of Soperton

$

McDuffie

Repair and construction costs at the

County

McDuffie County Fire Station and to

Commission

upgrade equipment

$

Jasper County Rehabilitate four wells in Jasper County

Board of

commissioners

$

City of

Renovation to Winterville City Park and

Winterville

Winterville Depot, infrastructure and

improvements

$

White County Purchase Automatic External

Board of

Defibrillators for certain emergency

Commissioners vehicles in White County

$

Athens-Clarke Provide programs to minority businesses

County

in Northeast Georgia

Commission

$

Decatur County Purchase Decatur County fire and rescue

equipment

$

Echols County Reimbursement to Echols County for

Commission

capital felony expenses incurred

$

City of East

Expansion of water and sewer facilities;

Dublin

purchase of right-of-way in the City of

East Dublin

$

City of

Renovate the old Richland High School

$

15,000 10,000
20,000 10,000
50,000
11,000 30,000 22,000
50,000
15,000
20,00* 0 50,000
25,000 12,500 50,000
25,000 50,000

GEORGIA LAWS 2001 SESSION

Richland

office space in the City of Richland

City of Darien Purchase a new sanitation truck for the

City of Darien

$

City of

Funds to construct a City Hall Complex in

Euharlee

the City of Euharlee

$

Long County 2001 Police Interceptor for the Long

Commissioners County Sheriffs' Department

$

City of

Funds for a feasibility study for

Valdosta

development of a stadium for joint use by

Valdosta High School and Valdosta State

University in Lowndes County

$

Berrien County Clean and restore cemeteries in Berrien

Commission County

$

Peach County Jail roof replacement and repair in Peach

Commission County

$

City ofClaxton Purchase firefighting protective gear and

equipment for Claxton Fire Department

$

Tattnall County Purchase safety equipment for Emergency

Commission

Management Agency in Tattnall County $

CityofBlakely Fund sidewalk and handicap crosswalk

improvements in the City of Blakely

$

City of

Fund revitalization project in the City of

Rossville

Rossville

$

City of

Renovation and relocation of Emerson

Emerson

City Hall

$

Treutlen

Expansion and renovation of Treutlen

County

County Courthouse

Commission

$

City of Pooler Purchase video cameras for city patrol

vehicles, plus accessories for recording

and housing each unit in the City of Pooler $

City of Ludowici

Ludowici City Jail Renovation Project

$'

Bryan County Purchase of new Class A pumpers in

Commission

Bryan County

$

Chatham

Provide a firing range to the AASU Law

County

Enforcement Training Center in Chatham

Commission

County

$

City of

Purchase life saving tool, Jaws of Life, in

Emerson

the City of Emerson

$

Calhoun

Purchase of hospital equipment for

County

Calhoun County

Commission

<j>K

City of

Funds for Emergency Management

Kennesaw

Command Center in the City of Kennesaw $

719
50,000 45,000 20,738
25,000 30,200 85,000 15,000 10,000 20,000 10,000 35,000
25,000
25,000 30,000 20,000
25,000 8,000
45,000 20,000

720

GENERAL ACTS AND RESOLUTIONS, VOL. I

City of Locust Establish a K-9 unit for the City of Locust

Grove

Grove

S

City of Macon Funding for general operation expenses at

the James Wimberly Institute in the City

of Macon

$

Warren County Purchase of EMS and fire equipment for

Commission

Warren County

$

Wayne County Purchase fire fighting equipment for rural

Commission

volunteer fire departments in Wayne

County

$

City of

Purchase Alco Sensors for the police

Acworth

department in the City of Acworth

$

CityofClayton Replacement of damaged sewer line in the

CityofClayton

$

City of Pooler Complete Joe Baker Park Project on

Highway 80 in the City of Pooler

$

City of Pooler Purchase new 800 mhz radios for the City

of Pooler

$

City of Powder Repair and enhance safety on State Route

Springs

6 in West Cobb County

$

City of Vienna Purchase a vehicle and a hydraulic rescue

tool for the City of Vienna

$

Wilcox County Purchase land and develop an Industrial

Commissioners Park in Wilcox County

$

City of Boston Downtown Streetscape Project in the City

of Boston

$

Lowndes

Resurface the driveway and parking lot in

County

Lowndes County

Commissioners

$

Taylor County Construction of a facility and holding pen

Commissioners for cattle, purchase of set of cattle scales in

Taylor County

$

City of Broxton Purchase tractor for beautification of the

City of Broxton

$

City of

Funding for The Prison Rehabilitation

Columbus

Reclaiming of Prisoners in the City of

Columbus

$

Bulloch County Pave the entry drive and parking area for

Commission

the new community park in Nevels

$

City of White Sewage Pipeline in the City of White

$

City of

Landscaping, installing water lines, street

Americus

construction, and land acquisitions for

cemeteries in the City of Americus

$

10,000
15,000 12,000
20,000
6,000 25,000
5,000 10,000 100,000 44,350 70,000 20,000
25,0-00 65,000 15,000
20,000 15,000 25,000
80,000

GEORGIA LAWS 2001 SESSION

Johnson

Funds for Raines Cross Road Community

County

Facility and Fire Station in Johnson

Commission

County

$

City of Brunswick

Repair city docks in the City of Brunswick cj>

City of

Operating expenses for Bainbridge

Bainbridge

Welcome Center

$

City of Ephesus Renovation of newly acquired city

hall/community building in the City of

Ephesus

$

Meri wether

Renovation and handicap accessible

County

construction for county commission

Commission

offices in Meriwether County

$

Webster

Purchase a new cardiac monitor for EMS

County Board in Webster County

of

Commissioners

<3>r

Pike County

Purchase communication equipment for

Commission

the sheriffs office in Pike County

$

City of Metter Improvements for downtown Metter

$

Fulton County Pre-trial programs in the Fulton County

Board of

Criminal Justice system

Commissioners

$

City of Dearing Fund research and upgrade facilities at the

Center for Applied Nursery Research in

the City of Dearing

$

City of Odum Purchase equipment for the Odum

Volunteer Fire Department

$

Lake City

Construct pedestrian access improvements

to retail and public facilities in Lake City $

City of Atlanta Substance abuse programs in the City of

Atlanta

$

Pierce County Construct restroom and concession

Board of

facilities in the City of Blackshear

Commissioners

$

City ofFloyd Renovation to the courthouse in the City

ofFloyd

$

Atkinson

Purchase new fire truck for Atkinson

County

County fire protection

Commissioners

c4>

Jeff Davis

Purchase equipment for Altamaha Fire

County

Station

Commissioners

co>

City of Atlanta Improve facade of Sweet Auburn Curb

Market and purchase equipment and

$

721
7,500 80,000 75,000
20,000
40,000
14,926 25,000 25,000
10,000
50,000 20,000 30,000 60,000
30,000 25,000
20,000
6,000 44,000

722

GENERAL ACTS AND RESOLUTIONS, VOL. I

improve parking lot in the City of Atlanta

Bacon County Renovation of old City Hall in Alma

Commissioners

$

City of Alma Renovation of old City Hall in Alma

$

Richmond

Fund landscaping projects at Terrace

County Board Manor Elementary School in Richmond

of Education County

$

Richmond

Purchase a marquee for Edward E.

County Board Murphy Middle School in Richmond

of Education County

$

Floyd County Fund summer teacher workshop, video

Board of

equipment and supplies at Coosa High

Education

School in Floyd County

$

City of

Construction of additional parking and

Montezuma

widening of a service lane at Montezuma

City Hall

$

Evans County Pave parking lot and infrastructure for

Commission

Technical school in Claxton

$

Hancock

Purchase tools and gear for Hancock

County Board County EMS and Sparta Office

of

Commissioners

$

City of

City Hall renovations in the City of

Hogansville

Hogansville

$

Thomas County Resurface parking area at Central Middle

Public Schools School in Thomas County

$

Coffee County Construct fire station in Wilsonville Fire

Commissioners District

$

Butts County Purchase a radio system for Butts County

Commission

Sheriffs Department

$

City of

Improvements to facilities in the City of

Hoboken

Hoboken

$

Greene County Complete fencing around the airport in

Board of

Greene County

Commissioners

<pt

City of

Fund digging of water well for the City of

Kingston

Kingston

$

Hancock

Purchase supplies and equipment for the

County Board Hancock County Sheriffs' Office

of

Commissioners

$

Glynn County Repair culverts under Touchstone Parkway

Board of

in the Glynn County Public Safety

Commissioners Complex

$

Bartow County Construct service test/training site for Fire $

25,000 25,000
5,000
5,000
20,000
40,000 40,000
20,000 35,000 15,000 10,000 15,000
8,OOO
20,000 25,000
11,000
25,000 75,000

GEORGIA LAWS 2001 SESSION

Board of

Department in Bartow County

Commissioners

South Georgia Purchase equipment for various chambers

RDC

of commerce in region 1 1

$

City of

Purchase computers for police cars in the

Clarkston

City of Clarkston

$

Clayton County Replace heat pumps at the Clayton County

Board of

Alzheimer Center

Commissioners

$

Quitman

Replacement of fire pumper truck lost in

County

fire for Quitman County

Commission

c4>

City of

Renovations to Stillmore City Hall

Stillmore

c4>

Lumpkin

Upgrading of Plat Records management in

County

Lumpkin County

Commission

c4>

Grady County Purchase emergency management

Commission equipment and shelter upgrades in Grady

County

$

City of

Downtown beautification in the City of

Remerton

Remerton

$

Seminole

Construct parking for Seminole County

County Board Courthouse

of

Commissioners

<c
4>

Jefferson

Provide funds for Tri-Ciry projects

County

Development

Authority

$

City of

Construct Downtown Streetscape in the

Cleveland

City of Cleveland

$

City of

Water repairs in the City of Unadilla

Unadilla

$

Warren County Construct a new building to house all

Commission emergency services in Warren County

$

Berrien County Partial funding of fire truck for East

Board of

Berrien Volunteer Fire Department

Commissioners

$

Chatham

Purchase and renovate existing building

County

for Ash Tree Organization, Inc. in

Commissioners Chatham County

$

CityofDalton Funding for the Dalton Convention and

Visitors Center programs

$

Liberty County Establish a community development

$

723
28,127 35,000 50,000 21,500 5,000 15,000 25,000 20,000
20,000
75,000 25,000 6,500 30,000 20,000 40,000
2,500 50,000

724

GENERAL ACTS AND RESOLUTIONS, VOL. I

Board of

department in Liberty County

Commissioners

Valdosta/ Lowndes

Provide funds for the Valdosta/Lowndes County Land Bank Authority

County Land

Bank Authority

$

City of Atlanta Provide funds for programs and salaries at

the Metropolitan Community Foundation

in the City of Atlanta

$

Houston

Start-up expenses for a residential program

County

for mentally handicapped adults in

Houston County

$

City of Monticello

Renovation of the Benton Building in the

City of Monticello

$

Jeff Davis County

Assist with operating expenses for Ag

Center

$

City of Eatonton

Renovation of the Old Elementary School

in Eatonton for use as a community /

educational center

$

Baldwin County

Purchase a wheelchair accessible van in

Baldwin County

c3>

Taliaferro

Assist with extending water, sewer, and

County Board gas lines to new charter school on

of Education Taliaferro County

$

Greene County Renovate the old Greensboro Jail for

office and museum space in Greene

County

$

Jones County For landscaping, traffic, and parking

improvements at the Jones County Civic

Center

$

Putnam County Assist with furnishings and additional

equipment for the Workforce

Development Center operated by the

Central Georgia Technical College in

Putnam County

$

Coweta County Improvement to the Brownsville Depot in

Coweta County

I~P

City of Macon For a rail track relocation study in the City

of Macon

j,>_

Twiggs County For Probate Court Computers and software

in Twiggs County

cj>

300,000 85,700 50,000 100,000 600,000 30,000 60,000 40,000 40,000 40,000
50,000 75,000 200,000 25,000

GEORGIA LAWS 2001 SESSION

City of Irwinton

For City Hall repairs and renovations in

the City of Irwinton

cIb

Hancock

Repair to public buildings in Hancock

County

County

IcP

Tattnall County For a gymnasium/physical education

Board of

building in Tattnall County

Education

$

Walton County Assist with construction of a Senior Center

for Walton County

j^>

Dodge County For a building for the Dodge County

Recreation Department

$

Wilcox County For land procurement and the development

of an industrial site in Wilcox County

$

Lee County Board of

Construction of an athletic facility in Lee County

Education

$

Terrell County Refurbish and develop Terrell County

Chamber of Commerce and welcome

center facilities

$

Mitchell

Purchase of the Hand Trading Building in

County

Pelham

j>,

City of Camilla Restoration of historic depot building in

Camilla

.,

City of

Provide funds for North Georgia Mountain

Gainesville

Museum in the City of Gainesville

$

Wilcox County Construction of a Wilcox County

Commission

Recreation Complex

$

Twiggs County For Courthouse renovation in Twiggs

County

$

Appling County For capital projects at Appling County

Hospital

$

Lamar County Provide funds for Agricultural Exposition

in Lamar County

$

Monroe County Provide funds for Civic Center in Culloden $

Gwinnett County Board of Education

For athletic facility for South Gwinnett High School in Gwinnett County

Gwinnett

For athletic facility for Shiloh High School

County Board in Gwinnett County

of Education

$

725
25,000 100,000
390,000 373,000 150,000
80,000
50,000
100,000 75,000 75,000 150,000 70,000 100,000 150,000 50,000 50,000
50,000
50,000

726

GENERAL ACTS AND RESOLUTIONS, VOL. I

City of Forsyth Construction of a frontage road sidewalk

in the City of Forsyth

$

Dade County Renovations and repairs to Dade County

Courthouse

$

City of Stone Mountain

ART Station, Inc. after school/summer camp program for scholarships and operating expenses for the City of Stone

Mountain

$

City of

Park improvements for the City of

Jonesboro

Jonesboro

$

City of Forest Sidewalk improvements to schools in the

Park

City of Forest Park

$

City of

Sidewalk improvements to schools in the

Riverdale

City of Riverdale

$

Cook County Operating funds for Project Turn Around

in Cook County

$

Chattahoochee Operating funds for the Chattahoochee

County Board County School Board

of Education

$

City of Franklin Purchase a pumper truck for Franklin

Springs

Springs Fire Department

$

Gwinnett

Operating expenses for Brookwood High

County

School in Gwinnett County

$

City of Augusta Funds for the Augusta Cotton Exchange

Museum

$

City of

Purchase of library equipment in

Yatesville

Yatesville

Library

Trustees

$

Haralson

Provide funds for Haralson County

County

Historic Court House

$

Polk County Contract for fire department construction

and equipment for Polk County

$

Wilkes County Purchase of equipment for Memorial

Hospital in Wilkes County

$

Haralson

Construction and operation of Senior

County

Citizen facility in Haralson County

$

Fulton County Provide startup funds for Drivers

Education program at Creekside High

School in Fulton County

$

Clayton County Provide funds for Calvary Refuge Center $

20,000 50,000
15,000 40,000 50,000 40,000 24,000
25,000 25,000 75,000 50,000
36,000 150,000 275,000 100,000 200,000
10,000 10,000

GEORGIA LAWS 2001 SESSION

in Clayton County

Dougherty

Provide funds for PTA program

County Board enhancements at Martin Luther King Jr.

of Education Elementary School in Dougherty County $

Baker County Provide funds for PTA program

enhancements at Baker County

Elementary

$

City of Athens Provide funds for an after school tutorial

program through the Athens Tutorial

Program

$

Chatham

Provide funds for Communities in Schools

County

for Chatham County

$

Peach County Provide funds for the Peach County FFA

Livestock project

$

Clayton County Purchase playground equipment for

Riverdale Elementary School in Clayton

County

$

Athens/Clarke Provide funds for Recording for the Blind

County

in Athens/Clarke County

$

Fulton County Operating funds for Midnight Basketball League for tutorial and after school

programs in Fulton County

$

City of Atlanta Provide funds for Metropolitan Atlanta

Senior Center

$

City of Conyers Provide funds for a park in the City of

Conyers

$

City of Lithonia Provide funds for CARE in the City of

Lithonia

$

Dekalb County Historic home restoration for Fernbank

Museum of Natural Resources in Dekalb

County

$

Cobb County

Provide funds for landscaping, lighting, and drainage at South Cobb Community

Center

-

$

Cobb County Board of

Provide funds for Foundation 2000 for Children in the Pebblebrook Cluster in

Education

South Cobb County

$

Cobb County Provide funds for the South Cobb High

Board of

School Education Foundation

Education

-ci>

Twiggs County Provide for the renovation of the Twiggs

County Courthouse

$

Macon County Renovate the Macon County Tax

$

727
2,000 1,000 10,000 25,000 25,000 5,000 10,000 10,000 30,000 6,000 5,000 20,000 10,000 20,000 10,000 50,000 25,000

728

GENERAL ACTS AND RESOLUTIONS, VOL. I

Commissioner's Office

Sumter County Provide funds for band uniforms and

Board of Education

equipment at Americus High School in

Sumter County

$

City of Shellman

Purchase a defribillator for the City of

Shellman

$

Randolph

Provide funds for outpatient mental/health

County

substance abuse facility in Randolph

County

$

Dekalb County Purchase of a marquee for Wadsworth

Elementary School in Dekalb County

$

Effingham County

Provide funds for the Student Transition and Recovery (STAR) program in

Effingham County

$

Stephens

Provide funds for computer equipment at

County Board Stephens County Middle School

of Education

$

Stephens

Provide funds for computer equipment at

County Board the Crossroads Alternative School in

of Education Stephens County

$

Schley County Provide funds for construction of an

athletic complex in Schley County

$

Stephens

Provide funds for an Ecological Center for

County Board public education and outdoor classroom in

of Education Stephens County

$

CityofMetter Fund a softball field in the City of Metter $

City of Jesup Provide funds for McMillan Creek Park

project in City of Jesup

$

Houston

Provide funds for Houston County

County

Association for exceptional adults

residential program

$

Troup County Feasibility study of a city golf course in

Troup County

$

Randolph

Funds for technology improvements for

County Board the Randolph County Board of Education

of Education

$

Fulton County Provide funds for Legislative Conference

on Education

$

25,000 3,000
10,000 5,000
115,000
25,000
25,000 100,000
45,000 5,000
40,000
35,000 10,000
15,000 40,000

Provided, however, that the Department shall grant to the Southeast Georgia u u Regional Development Center from the Regional Planning and Development
Contracts object class a total of $76,000 for operating expenses.

____________GEORGIA LAWS 2001 SESSION__________729
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 ofthose 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.

It is the intent of this General Assembly that the employer contribution rate for the teachers health benefit plan for SPY 2002 shall not exceed 13.1%.

It is the intent of this General Assembly that the employer contribution rate for the state employees health benefit plan for SPY 2002 shall not exceed 13.1%.

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 $2,256.49. In addition, all local school system allotments for Quality Basic Education shall be made in accordance with funds appropriated by this Act.

Section 44. 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:

Number in Asst. Group

Standards of Need

Maximum Monthly Amount

1

$235

2

356

3

424

4

500

5

573

6

621

7

672

8

713

9

751

$155 235
280
330 378 410 444 470 496

730______GENERAL ACTS AND RESOLUTIONS, VOL. I_______

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 between the Personal Services object class and the Per Diem, Fees and Contracts subobject class at each ofthe 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 ofthe above appropriations relative to the treatment ofHemophilia and it's complications, these funds may be used to provide treatment and care to the bleeding disorders community or to purchase insurance to provide this treatment and care, whichever is less.

Section 45. Provisions Relative to Section 22, Merit System of Personnel Administration.

The Department is authorized to assess no more than $147.00 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.

Section 46. Provisions Relative to Section 23, Department of Natural Resources.

Provided, that to the extent State Parks and Historic Sites receipts are realized in excess ofthe amount ofsuch 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 ofthe 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 ofTransportation and any other budget unit eligible for

____________GEORGIA LAWS 2001 SESSION__________731
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 47.

Provisions Relative to Section 29, Department of Revenue.

For purposes ofhomeowner tax reliefgrants to counties and local school districts, the eligible assessed value of each qualified homestead in the state shall be $8,000 for the taxable year beginning January 1, 2001.

Section 48.

Provisions Relative to Section 30, Secretary of State.

There is included in the Real Estate Rentals object class for the Secretary of State funding for a rental agreement with the Development Authority of Clayton County for the Department of Archives and History.

Section 49.

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. 2002.

Section 50. 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.

732______GENERAL ACTS AND RESOLUTIONS, VOL. I________
d.) The Fiscal Officers of the State are hereby directed as of July 1 st 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.
In order to aid the Department in the discharge of its powers and duties pursuant
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3 g with Section 32-2-41 (b)(l), O.C.G.A., the Department is authorized to transfer position counts Dcr\vccn DUQ^CL runciions providcc* "irictt inct^cpflrii itJir s roieii position count snciri noi cxvcctr inc ni3.xiriium iiumDcr or cinnui-ii positions cissi^ncu by 18w.
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 ofTransportation 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.
Provided further, that from the amount equal to all money derived from motor fuel taxes for the preceding fiscal year, there is appropriated the sum $31,000,000 for payment into the "State ofGeorgia Guaranteed Revenue Debt Common Reserve Fund". The purpose of this appropriation is to authorize the guarantee by the State of an issue of revenue obligations of the State Tollway Authority for the construction and improvements to roads and bridges including related planning, engineering and land acquisition expenses. The maximum principal amount of the specific issue shall not exceed $350,000,000; the amount ofthe highest debt service shall not exceed the amount of this appropriation; and the maximum maturities of the issue shall not exceed two hundred forty months. The General Assembly has determined that the obligations of the issue will be self-liquidating over the life of the issue.

GEORGIA LAWS 2001 SESSION

733

Section 51.
In addition to all other appropriations for the State fiscal year ending June 30, 2002, there is hereby appropriated $3,600,000 for the purpose of providing funds for the operation ofregional farmers' markets in the Department ofAgriculture; 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 $8,578,874 for the purpose of providing operating funds for the State physical health laboratories ($ 120,000) and for State mental health/mental retardation institutions ($8,458,874) in the Department ofHuman Resources; and there is hereby appropriated $ 10,000,000 for the purpose of providing funds for the operation of the Employment Service and Unemployment Insurance Programs in the Department of Labor. The Office of Planning and Budget is hereby authorized to transfer funds from this section to the appropriate departmental budgets in amounts equal to the departmental remittances to the Fiscal Division of the Department of Administrative Services from agency fund collections.
Section 52.
To the extent to which Federal funds become available in amounts in excess of those contemplated in this Appropriations Act, such excess Federal funds shall be applied as follows, whenever feasible:
First, to supplant State funds which have been appropriated to supplant Federal funds, which such supplanted State funds shall thereupon be removed from the annual operating budgets; and
Second, to further supplant State funds to the extent necessary to maintain the effective matching ratio experienced in the immediately preceding fiscal year, which such supplanted State funds shall thereupon be removed from the annual operating budgets.
The Office of Planning and Budget shall utilize its budgetary and fiscal authority so as to accomplish the above stated intent to the greatest degree feasible. At the end of this fiscal year, said Office of Planning and Budget shall provide written notice to the members of the Appropriations Committees of the Senate and House of Representatives of the instances of noncompliance with the stated intent of this Section.
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

734_____GENERAL ACTS AND RESOLUTIONS, VOL. I_______
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 ofany 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 53.
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 54.
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 55.
No State appropriations authorized under this Act shall be used to continue programs currently funded entirely with Federal funds.
Section 56.
In accordance with the requirements of Article IX, Section VI, Paragraph la of the Constitution of the State of Georgia, as amended, there is hereby appropriated payable to each department, agency, or institution of the State sums sufficient to satisfy the payments required to be made in each year, under existing lease contracts between any department, agency, or institution of the State, and any authority created and activated at the time of the effective date of the aforesaid constitutional provision, as amended, or appropriated for the State fiscal year addressed within this Act. If for any reason any of the sums herein provided under any other provision of this Act are insufficient to make the required payments in full, there shall be taken from other funds appropriated to the department, agency or institution involved, an amount sufficient to satisfy such deficiency in full and the lease payment constitutes a first charge on all such appropriations.
Section 57.
(a.) All expenditures and appropriations made and authorized under this Act shall be according to the programs and activities as specified in the Governor's recommendations contained in the Budget Report submitted to the General

____________GEORGIA LAWS 2001 SESSION__________735
Assembly at the 2001 Regular Session, except as provided, however, the Director of the Budget is authorized to make internal transfers within a budget unit between objects, programs and activities subject to the conditions that no funds whatsoever shall be transferred for use in initiating or commencing any new program or activity not currently having an appropriation of State funds, nor which would require operating funds or capital outlay funds beyond the fiscal year to which this Appropriation Act applies; and provided, further, that no funds whatsoever shall be transferred between object classes without the prior approval of at least eleven members of the Fiscal Affairs Subcommittees in a meeting called to consider said transfers. This Section shall apply to all funds of each budget unit from whatever source derived. The State Auditor shall make an annual report to the Appropriations Committees of the Senate and House of Representatives of all instances revealed in his audit in which the expenditures by object class of any department, bureau, board, commission, institution or other agency of this State are in violation of this Section or in violation of any amendments properly approved by the Director of the Budget.
(b.) (1.) For purposes of this Section, the term "common object classes" shall include only Personal Services, Regular Operating Expenses, Travel, Motor Vehicle Equipment Purchases, Postage, Equipment Purchases, Computer Charges, Real Estate Rentals and Telecommunications.
(b.) (2.) For each Budget Unit's common object classes in this Act, the appropriations shall be as follows: Expenditures ofno more than 102% ofthe 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 58.
Wherever in this Act the terms "Budget Unit Object Classes" or "Combined Object Classes For Section" are used, it shall mean that the object classification following such term shall apply to the total expenditures within the Budget Unit or combination of budget units within a designated section, respectively, and shall supersede the object classification shown in the Governor's Budget Report.
For budget units within the Legislative Branch, all transfers shall require prior approval of at least eight members of the Legislative Services Committee in a meeting of such Committee, except that no approval shall be required for transfers within the Senate Functional Budget or the House Functional Budget.

736

GENERAL ACTS AND RESOLUTIONS, VOL. I

Section 59.

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Section 60. Salary Adjustments.

The General Assembly has distributed and included in the agency appropriations listed above State funds for the following purposes: 1.) To provide for general salary adjustments of3.5% for employees ofthe Judicial, Legislative and Executive branches, with the amount of the appropriations for this purpose calculated according to an effective date of October 1,2001. The proposed salary adjustment for Executive branch employees will be in conformance with the compensation and performance management plans promulgated by the State Personnel Board or as otherwise provided by law. 2.) To provide for a cost-of-living adjustment of 3.5% for each state officer whose salary is set by Code Section 45-7-4, including members of the General Assembly, with the amount of the appropriation for this purpose calculated according to an effective date of October 1, 2001. 3.) To provide for a 4.5% increase in the state base salary on the local teacher salary schedule of the State Board of Education. This proposed 4.5% salary improvement is in addition to the salary increases awarded to certificated personnel through normal progression on the teacher salary schedule. The amount ofthe appropriation for this purpose is calculated according to an effective date of September 1, 2001. 4.) To provide for a 3.5% increase for local school bus drivers and lunchroom workers with the amount ofthe appropriation for this purpose calculated according to an effective date of July 1, 2001. 5.) In lieu of all other numbered items, to provide a 4.5% funding level for increases for Regents faculty and non-academfc personnel, with the amount of the appropriation for this purpose calculated to commence with the fall semester, 2001, for Regents faculty and calculated to commence October 1, 2001, for non-academic personnel. 6.) In lieu of all other numbered items, to provide a 4.5% salary increase for public librarians with the appropriation for this purpose calculated according to an effective date of September 1, 2001. 7.) In lieu of all other numbered items, except no. 14, to provide for a 4.5% 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, 2001, and to provide for a 3.5% salary increase for support personnel, with the amount of the appropriation for this purpose calculated according to an effective date of October 1, 2001. 8.) In addition to item no. 1 above, to adjust the annual salaries of Executive Branch employees earning below the Statewide Salary Plan target hire to the target hire

____________GEORGIA LAWS 2001 SESSION__________737
rate for their respective job classes, with the amount of the appropriation for this purpose calculated according to an effective date of October 1, 2001. 9.) In addition to items no. 1 and 8 above, to provide for a structural adjustment of minimum and maximum rates on the Statewide Salary Plan by 4% and to adjust the annual salaries ofExecutive branch employees earning below the adjusted structure target hire rate to the new target hire rate for their respective job classes, with the amount of the appropriation for this purpose calculated according to an effective date of October 1,2001. 10.) In addition to any salary adjustments or supplements provided for in the other numbered items, to provide for a 2% one-time lump sum incentive payment for Executive Branch employees who surpass performance expectations, under compensation and performance management plans promulgated by the State Personnel Board or as otherwise provided by law, with the amount of the appropriation for this purpose calculated according to payment on the pay date for the pay period commencing October 1, 2001. 11.) In addition to the general salary adjustments in items no. 1,8 and 9 above, to provide salary supplements and adjustments for Department of Human Resources, Division of Family and Children Services social service case manager and supervisor employees as follows: increase entry level salaries; provide a 5% supplemental in-range salary adjustment; provide a 5% salary supplement for all case managers who perform child protection investigations and placement activities; provide an additional 5% salary adjustment for social service case managers with a Masters Degree in Social Work, and provide an additional 5% salary adjustment for social service supervisor employees with a Masters Degree in Social Work. The amount of the appropriations for this purpose is calculated according to an effective date of October 1, 2001. 12.) In addition to the general salary adjustment in items no. 1, 8 and 9 above, to provide supplemental salary adjustments to assign Department of Public Safety sworn personnel job classes to the indicated pay grade as follows: Police Corporal (grade 11); Process Server 2 (grade 11); Trooper Cadet (grade 11); Trooper (grade 14); Trooper First Class (grade 15); Corporal (grade 16); Sergeant (grade 17); Sergeant First Class (grade 18); First Lieutenant (grade 19); Captain (grade 20); and Major (grade 23). Amounts for these adjustements are calculated at a minimum to raise the salaries of affected employees to the target hire rates of the new pay grade or by 4% whichever is greater. The amount ofthe appropriation for this purpose is calculated according to an effective date ofOctober 1,2001. 13.) In addition to the general salary adjustment in items no 1, 8 and 9 above, to provide supplemental salary adjustments to raise by one pay grade the following Georgia Bureau of Investigation sworn personnel job classes: Narcotic Agent (to grade 15); Special Agent (to grade 15); Senior Special Agent (to grade 16); Principal Agent (to grade 17); Assistant Special Agent in Charge (to grade 19); Special Agent in Charge (to grade 20) and Inspector (to grade 21). Amounts for these adjustments are calculated at a minimum to raise the salaries of affected employees to the target hire rates of the new pay grade or by 4%, whichever is greater. The amount of the appropriation for this purpose is calculated according to an effective date of October 1, 2001. 14.) In addition to the general salary adjustment in item no. 1 above, to provide a 3% supplemental salary adjustment for selected attorneys

738______GENERAL ACTS AND RESOLUTIONS, VOL. I________
employed by the Department of Law, with the amount of the appropriation for this purpose calculated according to an effective date of October 1, 2001. 15.) In addition to the general salary adjustments in items no. 1,8 and 9 above, to provide supplemental in-range salary adjustments for State Forestry Commission employees in ranger job classes, based on certification standards of the State Forestry Commission, with the amount of the appropriation for this purpose calculated according to an effective date of October 1, 2001. 16.) In addition to the general salary adjustments in items no. 1,8 and 9 above, to provide a 4% funding level for supplemental salary adjustments for selected Public Service commission employees in the Chief Public Utilities Engineer, Pipeline Safety Inspector 1 , Pipeline Safety Inspector 2, Pipeline Safety Inspectors, Utilities Analyst 1, Utilities Analyst 2, and Utilities Director job classes, with the amount of the appropriation for this purpose calculated according to an effective date of October 1, 2001. 17.) In addition to any salary adjustments or supplements provided for in the other numbered items, 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, 2001.

Section 61. TOTAL STATE FUND APPROPRIATIONS

State Fiscal Year 2002

$ 15,454,610,013

Section 62.

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

Section 63.

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

Approved April 26, 2001.

____________GEORGIA LAWS 2001 SESSION__________739
COURTS -JUVENILE PROCEEDINGS; DISPOSITION OF DELINQUENT CHILD.
Code Section 15-11-66 Amended.
No. 216 (House Bill No. 201).
AN ACT
To amend Code Section 15-11-66 of the Official Code of Georgia Annotated, relating to the disposition of a delinquent child, so as to provide for an alternative to detention in a youth development center; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Code Section 15-11 -66 of the Official Code of Georgia Annotated, relating to the disposition of a delinquent child, is amended by striking subsection (b) thereof and inserting in its place the following:
"(b) At the conclusion of the adjudicatory hearing, if the child is found to have committed a delinquent act, the court may, in addition to any other treatment or rehabilitation, suspend the driver's license of such child for any period not to exceed the date on which the child becomes 18 years of age or, in the case of a child who does not have a driver's license, prohibit the issuance of a driver's license to such child for any period not to exceed the date on which the child becomes 18 years of age. The court shall retain the driver's license for a period of suspension and return it to the offender at the end of such period. The court shall notify the Department of Public Safety of any such actions taken pursuant to this subsection. Ifthe child is adjudicated for the commission of a delinquent act, the court may in its discretion, in addition to any other treatment or rehabilitation, order the child to serve up to a maximum of 90 days in a youth development center or, after assessment and with the court's approval, in a treatment program provided by the Department of Juvenile Justice orthe juvenile court."
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.
Approved April 26, 2001.

740______GENERAL ACTS AND RESOLUTIONS, VOL. I________
MOTOR VEHICLES AND TRAFFIC - CHILD PASSENGER RESTRAINTS FOR CHILDREN FOUR YEARS OLD AND YOUNGER.
Code Section 40-8-76 Amended.
No. 217 (House Bill No. 248).
AN ACT
To amend Code Section 40-8-76 of the Official Code of Georgia Annotated, relating to safety belts required as equipment and safety restraints for children under four years of age in certain vehicles, so as to change certain provisions relating to seat belt or safety restraint use for children; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Code Section 40-8-76 ofthe Official Code ofGeorgia Annotated, relating to safety belts required as equipment and safety restraints for children under four years of age, is amended by striking paragraph (1) of subsection (b) and inserting in lieu thereof the following:
*(b)(l) On and after July 1, 1984, every driver who transports a child four years of age or younger in a passenger automobile, van, or pickup truck, other than a taxicab as defined by Code Section 33-34-5.1 or a public transit vehicle as defined by Code Section 16-5-20, shall, while such motor vehicle is in motion and operated on a public road, street, or highway of this state, provide for the protection of such child in a child passenger restraining system approved by the United States Department of Transportation under Federal Motor Vehicle Safety Standard 213 in effect on January 1, 1983. A driver shall not be deemed to be complying with the provisions of this subsection unless the child passenger restraining system is installed and being used in accordance with the manufacturer's directions for such system. The provisions of this subsection shall not apply when the child's parent or guardian obtains a physician's written statement that a physical or medical condition ofthe child prevents placing or restraining him or her in any such child passenger restraining system.'
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.
Approved April 26, 2001.

____________GEORGIA LAWS 2001 SESSION__________741
PROFESSIONS AND BUSINESSES - ARCHITECTS; PRACTICE; SEALS AND DOCUMENTS.
Code Sections 43-4-14 and 43-4-16 Amended.
No. 218 (House Bill No. 297).
AN ACT
To amend Article 1 of Chapter 4 of Title 43 of the Official Code of Georgia Annotated, relating to general provisions applicable to architects, so as to change certain provisions relating to which structures do not require the seal of a registered architect; to provide that nothing in this article shall be construed to mean that construction contract administration services are required to be performed exclusively by architects; to change the provisions relating to architect seals and documents required to be sealed; 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 43 of the Official Code of Georgia Annotated, relating to general provisions applicable to architects, is amended by striking in its entirety Code Section 43-4-14, relating to the practice ofarchitecture, and inserting in lieu thereof a new Code Section 43-4-14 to read as follows:
'43-4-14. (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 43-4-1 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; (3) Any building which is a single story building, not exceeding more than 5,000 square feet in area, 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 buildings that are one story in height, 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, care facilities, and facilities

742______GENERAL ACTS AND RESOLUTIONS, VOL. I_______
classified as high hazard; provided, however, that the services of a duly registered architect shall be required for the design of any business or mercantile occupancies that exceed 5,000 square feet in area that are incidental to the operation in such building; and (5) Nonload-bearing interior construction in existing 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 43-4-10 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. (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. (g) Nothing in this article shall be construed to mean that construction contract administration services are required to be performed exclusively by architects."

____________GEORGIA LAWS 2001 SESSION__________743
SECTION 2. Said article is further amended by striking in its entirety subsection (c) of Code Section 43-4-16, relating to architect seals and documents required to be sealed, and inserting in lieu thereof a new subsection (c) to read as follows:
'(c) No plans, specifications, drawings, reports, or other documents shall be sealed and signed by an architect unless:
(1) 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; (2) 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 43-4-10; and (3) 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 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.'
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.
Approved April 26, 2001.
EDUCATION - VOTING REGISTRATION OF STUDENTS.
Code Section 20-2-310 Amended.
No. 219 (House Bill No. 372).
AN ACT
To amend Code Section 20-2-310 of the Official Code of Georgia Annotated, relating to student directory information, so as to require secondary public schools to notify students who are eligible of their right to register to vote and to offer such students the opportunity to register to vote at the school during the month of April of each year; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

744______GENERAL ACTS AND RESOLUTIONS, VOL. I________
SECTION 1. Code Section 20-2-310 of the Official Code of Georgia Annotated, relating to student directory information, is amended by striking said Code section in its entirety and inserting in lieu thereof the following:
'20-2-310.
(a) Any public school at the secondary level which provides access to the campus or to student directory information to persons or groups which make students aware of occupational or educational options shall provide access to the campus and student directory information on at least the same basis to official recruiting representatives ofthe military forces ofthe state and the United States for the purpose of informing students of educational and career opportunities available in the military. (b) Each eligible student in the public schools of this state shall be apprised of his or her right to register as an elector and to vote in elections and of any obligation to register with the Selective Service System. Each eligible student shall be given an opportunity, arranged by the school administration, to register to vote at his or her school during the month of April of each year. The State Board of Education shall promulgate rules and regulations to carry out this Code section. An excused absence of a student to register or vote, at the discretion of the local unit of administration, shall not exceed one school day.
(c)(l) Each student in the public schools of this state shall be afforded the opportunity to recite the Pledge of Allegiance to the flag of the United States of America during each school day. It shall be the duty of each local board of education to establish a policy setting the time and manner for recitation of the Pledge of Allegiance. Such policy shall be established in writing and shall be distributed to each teacher within the school. (2) The State School Superintendent shall prepare for the use of the public schools of this state a program of instruction, subject to the approval of the State Board of Education, in the correct use and display of the flag of the United States of America which shall include, as a minimum, specific instruction regarding respect for such flag and its display and use as provided by federal law and regulation, and under such regulations and instructions as may best meet the varied requirements of the different grades in such schools. However, such instruction shall include, as a minimum, the provisions of 36 U.S.C. Sections 170 through 177.*
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.
Approved April 26, 2001.

____________GEORGIA LAWS 2001 SESSION__________745
PROPERTY - BANKRUPTCY EXEMPTIONS.
Code Section 44-13-100 Amended.
No. 220 (House Bill No. 373).
AN ACT
To amend Article 2 of Chapter 13 of Title 44 of the Official Code of Georgia Annotated, relating to statutory exemptions, so as to change the provisions relating to exemptions for purposes of bankruptcy and intestate insolvent estates; to change the amounts of certain exemptions; to provide for calculation of the amounts of certain exemptions and the standards, practices, and procedures connected therewith; to provide for duties of the administrator of the Governor's Office of Consumer Affairs; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Article 2 of Chapter 13 of Title 44 of the Official Code of Georgia Annotated, relating to statutory exemptions, is amended by striking Code Section 44-13-100, relating to exemptions for purposes of bankruptcy and intestate insolvent estates, and inserting in its place the following:
'44-13-100. (a) In lieu of the exemption provided in Code Section 44-13-1, any debtor who is a natural person may exempt, pursuant to this article, for purposes of bankruptcy, the following property:
(1) The debtor's aggregate interest, not to exceed $10,000.00 in value, in real property or personal property that the debtor or a dependent of the debtor uses as a residence, in a cooperative that owns property that the debtor or a dependent of the debtor uses as a residence, or in a burial plot for the debtor or a dependent ofthe debtor. In the event title to property used for the exemption provided under this paragraph is in one of two spouses who is a debtor, the amount of the exemption hereunder shall be $20,000.00; (2) The debtor's right to receive:
(A) A social security benefit, unemployment compensation, or a local public assistance benefit; (B) A veteran's benefit; (C) A disability, illness, or unemployment benefit; (D) Alimony, support, or separate maintenance, to the extent reasonably necessary for the support of the debtor and any dependent of the debtor; (E) A payment under a pension, annuity, or similar plan or contract on account of illness, disability, death, age, or length of service, to the extent reasonably necessary for the support of the debtor and any dependent of the debtor; and

746______GENERAL ACTS AND RESOLUTIONS, VOL. I_______
(F) A payment from an individual retirement account within the meaning of Title 26 U.S.C. Section 408 to the extent reasonably necessary for the support of the debtor and any dependent of the debtor; (2.1) The debtor's aggregate interest in any funds or property held on behalf of the debtor, and not yet distributed to the debtor, under any retirement or pension plan or system: (A) Which is: (i) maintained for public officers or employees or both by the State of Georgia or a political subdivision of the State of Georgia or both; and (ii) financially supported in whole or in part by public funds of the State of Georgia or a political subdivision of the State of Georgia or both; (B) Which is: (i) maintained by a nonprofit corporation which is qualified as an exempt organization under Code Section 48-7-25 for its officers or employees or both; and (ii) financially supported in whole or in part by funds of the nonprofit corporation; (C) To the extent permitted by the bankruptcy laws of the United States similar benefits from the private sector of such debtor shall be entitled to the same treatment as those specified in subparagraphs (A) and (B) of this paragraph, provided that the exempt or nonexempt status of periodic payments from such a retirement or pension plan or system shall be as provided under subparagraph (E) of paragraph (2) of this subsection; or (D) An individual retirement account within the meaning of Title 26 U.S.C. Section 408; (3) The debtor's interest, not to exceed the total of $3,500.00 in value, in all motor vehicles; (4) The debtor's interest, not to exceed $300.00 in value in any particular item, in household furnishings, household goods, wearing apparel, appliances, books, animals, crops, or musical instruments that are held primarily for the personal, family, or household use of the debtor or a dependent of the debtor. The exemption of the debtor's interest in the items contained in this paragraph shall not exceed $5,000.00 in total value; (5) The debtor's aggregate interest, not to exceed $500.00 in value, in jewelry held primarily for the personal, family, or household use of the debtor or a dependent of the debtor; (6) The debtor's aggregate interest, not to exceed $600.00 in value plus any unused amount of the exemption, not to exceed $5,000.00, provided under paragraph (1) of this subsection, in any property; (7) The debtor's aggregate interest, not to exceed $1,500.00 in value, in any implements, professional books, or tools of the trade of the debtor or the trade of a dependent of the debtor; (8) Any unmatured life insurance contract owned by the debtor, other than a credit life insurance contract; (9) The debtor's aggregate interest, not to exceed $2,000.00 in value, less any amount of property of the estate transferred in the manner specified in Section 542(d) of U.S. Code Title 11, in any accrued dividend or interest under, or loan

____________GEORGIA LAWS 2001 SESSION__________747
or cash value of, any unmatured life insurance contract owned by the debtor under which the insured is the debtor or an individual of whom the debtor is a dependent; (10) Professionally prescribed health aids for the debtor or a dependent of the debtor; and (11) The debtor's right to receive, or property that is traceable to:
(A) An award under a crime victim's reparation law; (B) A payment on account of the wrongful death of an individual of whom the debtor was a dependent, to the extent reasonably necessary for the support of the debtor and any dependent of the debtor; (C) A payment under a life insurance contract that insured the life of an individual of whom the debtor was a dependent on the date of such individual's death, to the extent reasonably necessary for the support of the debtor and any dependent of the debtor; (D) A payment, not to exceed $ 10,000.00, on account of personal bodily inj ury, not including pain and suffering or compensation for actual pecuniary loss, of the debtor or an individual of whom the debtor is a dependent; or (E) A payment in compensation of loss of future earnings of the debtor or an individual of whom the debtor is or was a dependent, to the extent reasonably necessary for the support ofthe debtor and any dependent ofthe debtor. (b) Pursuant to 11 U.S.C. Section 522(b)(l), an individual debtor whose domicile is in Georgia is prohibited from applying or utilizing 11 U.S.C. Section 522(d) in connection with exempting property from his or her estate; and such individual debtor may exempt from property of his or her estate only such property as may be exempted from the estate pursuant to 11 U.S.C. Section 522(b)(2)(A) and (B). For the purposes of this subsection, an 'individual debtor whose domicile is in Georgia' means an individual whose domicile has been located in Georgia for the 180 days immediately preceding the date of the filing of the bankruptcy petition or for a longer portion of such 180 day period than in any other place. (c) The exemptions and protections contained in this article are extended to intestate insolvent estates in all cases where there is a living widow or child of the intestate."
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.
Approved April 26, 2001.

748______GENERAL ACTS AND RESOLUTIONS, VOL. I________
LABOR AND INDUSTRIAL RELATIONS - WORKERS' COMPENSATION.
Code Title 34, Chapter 9 Amended.
No. 221 (House Bill No. 497).
AN ACT
To amend Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to workers' compensation, so as to change the rate of interest payable on final awards entered by the board; to provide for the award of reasonable litigation expenses under certain conditions; to increase the number of physicians on the posted panel from four to six; to provide for an exception; to allow an injured employee the right to an independent medical examination within 120 days of receipt of income benefits, rather than the current 60 days; to change provisions relating to the penalty for nonpayment of medical charges by an employer or an insurer; to increase the maximum temporary total disability benefits from $375.00 per week to $400.00 per week; to increase the minimum temporary total disability benefits from $37.50 per week to $40.00 per week; to increase the maximum temporary partial disability benefits from $250.00 per week to $268.00 per week; to provide that impairment ratings shall be based on the fifth edition of Guides to the Evaluation ofPermanent Impairment', 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 9 of Title 34 of the Official Code of Georgia Annotated, relating to workers' compensation, is amended by striking Code Section 34-9-107, relating to the amount of interest payable on a final award of the board in the event of an appeal, and inserting in lieu thereof the following:
'34-9-107. Any final award for compensation entered by the board shall bear interest at the legal rate of 12 percent on all accrued amounts and on all amounts accruing prior to final judgment in the event of an appeal being taken from the board in the same manner in which it is now provided that interest shall run on a judgment of the superior court in the event an appeal is taken therefrom."
SECTION 2. Said chapter is further amended by striking Code Section 34-9-108, relating to the approval ofattorney's fees by the board, and inserting in lieu thereofthe following:
"34-9-108. (a) The fee of an attorney for service to a claimant in an amount of more than $100.00 shall be subject to the approval of the board, and no attorney shall be entitled to collect any fee or gratuity in excess of $100.00 without the approval

____________GEORGIA LAWS 2001 SESSION__________749
of the board. The board shall approve no fee of an attorney for services to a claimant in excess of 25 percent of the claimant's award of weekly benefits or settlement.
(b)( 1) Upon a determination that proceedings have been brought, prosecuted, or defended in whole or in part without reasonable grounds, the administrative law judge or the board may assess the adverse attorney's fee against the offending party. (2) If any provision of Code Section 34-9-221, without reasonable grounds, is not complied with and a claimant engages the services of an attorney to enforce his or her rights under that Code section and the claimant prevails, the reasonable quantum meruit fee ofthe attorney, as determined by the board, and the costs of the proceedings may be assessed against the employer. (3) Any assessment of attorney's fees made under this subsection shall be in addition to the compensation ordered. (4) Upon a determination that proceedings have been brought, prosecuted, or defended in whole or in part without reasonable grounds, the administrative law judge or the board may, in addition to reasonable attorney's fees, award to the adverse party in whole or in part reasonable litigation expenses against the offending party. Reasonable litigation expenses under this subsection are limited to witness fees and mileage pursuant to Code Section 24-10-24; reasonable expert witness fees subject to the fee schedule; reasonable deposition transcript costs; and the cost of the hearing transcript. (c) An attorney shall not advertise to render services to a potential claimant when he or she or his or her firm does not intend to render said services and shall not divide a fee for legal services with another attorney who is not a partner in or associate of his or her law firm or law office, unless: (1) The client consents to employment of the other attorney after a full disclosure that a fee division will be made; (2) The division is made in proportion to the services performed and the responsibility assumed by each; and (3) The total fee of the attorneys does not clearly exceed reasonable compensation for all legal services such attorneys rendered to the client. (d) When attorney's fees or reasonable litigation expenses are awarded under this Code section, the administrative law judge or the board shall have the authority to order payment of such fees or expenses on terms acceptable to the parties or within the discretion of the board."
SECTION 3. Said chapter is further amended by striking paragraph (1) of subsection (b) of Code Section 34-9-201, relating to the selection of a physician from a panel of physicians, and inserting in lieu thereof the following:
"(1) The employer shall maintain a list ofat least six physicians or professional associations or corporations of physicians who are reasonably accessible to the employees; provided, however, that the board may grant exceptions to the required size of the panel where it is demonstrated that more than four

750______GENERAL ACTS AND RESOLUTIONS, VOL. I_______
physicians or groups of physicians are not reasonably accessible. This list shall be known as the 'Panel of Physicians.1 At least one ofthe physicians must practice the specialty of orthopedic surgery. Not more than two industrial clinics shall be included on the panel. An employee may accept the services of a physician selected by the employer from the panel or may select another physician from the panel. The physicians selected under this subsection from the panel may arrange for any consultation, referral, and extraordinary or other specialized medical services as the nature of the injury shall require without prior authorization from the board; provided, however, that any medical practitioner providing services as arranged by a primary authorized treating physician under this subsection shall not be permitted to arrange for any additional referrals. The employee may make one change from one physician to another on the same panel without prior authorization of the board;"
SECTION 4. Said chapter is further amended by striking subsection (e) of Code Section 34-9-202, relating to examination of an injured employee, and inserting in lieu thereof the following:
*(e) Notwithstanding the rights afforded an employee under Code Section 34-9-201, the employee, after an accepted compensable injury and within 120 days of receipt of any income benefits, shall have the right to one examination at a reasonable time and place, within this state or within 50 miles of the employee's residence, by a duly qualified physician or surgeon designated by the employee and to be paid for by the employer. Such examination, of which the employer or insurer shall be notified in writing in advance, shall not repeat any diagnostic procedures which have been performed since the date of the employee's injury unless the costs of such diagnostic procedures which are in excess of $250.00 are paid for by a party other than the employer or the insurer."
SECTION 5. Said chapter is further amended by striking subsection (c) of Code Section 34-9-203, relating to an employer's pecuniary liability for medical charges/and inserting in lieu thereof the following:
'(c)(l) All reasonable charges for medical, surgical, hospital, and pharmacy goods and services shall be payable by the employer or its workers' compensation insurer within 30 days from the date that the employer or the insurer receives the charges and reports required by the board. The employer or insurer shall, within 30 days after receipt of charges for health care goods or services, mail to the provider of such health care goods or services payment of such charges or a letter or other written notice that states the reasons the employer or insurer has for not paying the claim, either in whole or in part, and which also gives the person so notified a written itemization of any documents or other information needed to process the claim or any portion thereof. (2) The health care goods or services provider's failure to include with its submission of charges any reports or other documents required by the board

____________GEORGIA LAWS 2001 SESSION__________751
shall constitute a defense for the employer's or insurer's failure to pay the submitted charges within 30 days of receipt of the charges. However, if the employer or insurer fails to send the health care goods or services provider the requisite notice indicating a need for further documentation within 30 days of receipt of the charges, the employer and insurer will be deemed to have waived the right to defend a claim for failure to pay such charges in a timely fashion on the grounds that the charges were not appropriately accompanied by required reports. Such waiver shall not extend to any other defense the employer and insurer may have with respect to a claim of untimely payment. (3) If any charges for health care goods or services are not paid when due, penalties shall be added to such charges and paid at the same time as and in addition to the charges claimed for the health care goods or services. For any payment of charges paid more than 30 days after their due date, but paid within 60 days of such date, there shall be added to such charges an amount equal to 10 percent of the charges. For any payment of charges paid more than 60 days after their due date, but paid within 90 days of such date, there shall be added to such charges an amount equal to 20 percent ofthe charges. For any charges not paid within 90 days of their due date, in addition to the 20 percent add-on penalty, the employer or insurer shall pay interest on that combined sum in an amount equal to 12 percent per annum from the ninety-first day after the date the charges were due until full payment is made. All such penalties and interest shall be paid to the provider of the health care goods or services.'
SECTION 6. Said chapter is further amended by striking Code Section 34-9-261, relating to compensation for total 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 ofthe employee's average weekly wage but not more than $400.00 per week nor less than $40.00 per week, except that when the weekly wage is below $40.00 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 of400 weeks from the date ofinjury; 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 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.*
SECTION 7. Said chapter is further amended by striking Code Section 34-9-262, relating to compensation for temporary partial disability, and inserting in lieu thereof the following:

752______GENERAL ACTS AND RESOLUTIONS, VOL. I______
'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 $268.00 per week for a period not exceeding 350 weeks from the date of injury.'
SECTION 8. Said chapter is further amended by striking subsection (d) of Code Section 34-9-263, relating to compensation for permanent partial disability, and inserting in lieu thereof the following:
*(d) Impairment ratings. In all cases arising under this chapter, any percentage of disability or bodily loss ratings shall be based upon Guides to the Evaluation of Permanent Impairment, fifth edition, published by the American Medical Association.'
SECTION 9. This Act shall become effective on July 1, 2001, except Section 3, which shall become effective January 1, 2002.
SECTION 10. All laws and parts of laws in conflict with this Act are repealed.
Approved April 26, 2001.
PROFESSIONS AND BUSINESSES - TICKET SCALPING; TICKET BROKERS; PROFESSIONAL BOXING; GEORGIA ATHLETIC AND ENTERTAINMENT COMMISSION.
Code Title 10, Chapter 1, Article 12 Repealed. Code Title 43, Chapter 8A Repealed. Code Title 43, Chapter 4B Enacted.
No. 222 (House Bill No. 538).
AN ACT
To provide for regulation ofticket brokers and professional boxing by the Georgia Athletic and Entertainment Commission; to amend Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to selling and other trade practices, and Title 43 of the Official Code of Georgia Annotated, relating to professions and

_____________GEORGIA LAWS 2001 SESSION___________753
businesses, so as to repeal provisions prohibiting the sale or offer for sale of tickets to certain athletic contests and entertainment events for a price exceeding the face value of the ticket and providing a penalty for the violation of such prohibition; to delete provisions relating to the Georgia Boxing Commission from Chapter 8A of Title 43 of the Official Code of Georgia Annotated; to revise and move such provisions to Chapter 4B of such title; to change the name of the Georgia Boxing Commission to the Georgia Athletic and Entertainment Commission; to make editorial changes; to provide definitions; to provide for exemptions from the chapter; to provide for the commission membership and its appointment, terms, officers, vacancies, and reimbursement; to provide for the membership of a medical advisory panel and its qualifications, functions, meetings, and reimbursement; to provide for the duties, authority, and jurisdiction of the commission; to provide for inspectors and authorized representatives; to provide for investigations, activities which promote amateur boxing, and contracts; to provide for identification cards and a boxing registry; to provide for the commission's secretary, meetings, quorum, and rules and regulations; to prohibit certain relationships with or compensation from promoters or persons with a financial interest in activities regulated by the commission; to prohibit promoting or holding a professional match, contest, or exhibition of boxing by unlicensed persons or by persons without a match permit; to provide for licensing of promoters, referees, managers, judges, timekeepers, matchmakers, boxers, trainers, and certain other persons who assist boxers; to provide for fees, performance bonds, criteria for determining whether to issue a license, and authority to refuse to grant a license; to provide for disciplinary action against licensees and suspension or revocation of licenses or permits; to provide for safety requirements; to prohibit participation in professional matches, contests, or exhibitions of boxing by persons under 18; to prohibit persons other than ticket brokers from reselling or offering for resale any ticket for an athletic contest or entertainment event for a price exceeding the face value of the ticket; to provide for exceptions; to provide for service charges in certain circumstances; to preserve certain contractual rights; to provide for requirements for ticket brokers; to prohibit convicted felons from engaging in the business of a ticket broker in certain circumstances; to provide for certain disclosures by ticket brokers; to prohibit certain practices by ticket brokers; to provide for refunds; to restrict the percentage of tickets to a contest or event which may be resold by any ticket broker; to provide that a person who is the original purchaser for personal use of one or more tickets may sell or offer for resale such tickets at any price under certain circumstances; to exempt charitable organizations and their employees and volunteers from provisions regulating ticket sales and resales in certain circumstances; to authorize more restrictive regulation by ordinance of the applicable local government in certain circumstances; to provide a criminal penalty; to provide for rules and regulations; to provide for enforcement of provisions relating to ticket brokers by the commission; to provide for relief by order of the superior court; to provide for notice and opportunity to execute an assurance of voluntary compliance; to provide for procedures; to repeal conflicting laws; and for other purposes.

754______GENERAL ACTS AND RESOLUTIONS, VOL. I________
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to selling and other trade practices, is amended by striking in its entirety Article 12, relating to ticket scalping, and inserting in lieu thereof the following:
"ARTICLE 12
10-1-310. Reserved.
10-1-311. Reserved."
SECTION 2. Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses is amended by striking in its entirety Chapter 8 A, relating to professional boxing, and inserting a new Chapter 4B between Chapter 4A and Chapter 5 to read as follows:
"CHAPTER 4B ARTICLE 1
43-4B-1. As used in this chapter, the term:
(1) 'Amateur' means a person who engages in a match, contest, or exhibition of boxing which is governed or authorized by:
(A) U.S.A. Boxing; (B) The Georgia High School Athletic Association; (C) The National Collegiate Athletic Association; (D) Amateur Athletic Union; (E) Golden Gloves; or (F) The local affiliate of any organization listed in this paragraph. (2) 'Boxing match' means a contest between two individuals in which contestants score points in rounds of two or three minutes by striking with padded fists the head and upper torso of the opponent or by knocking the opponent down and rendering the opponent unconscious or incapable of continuing the contest by such blows, which contest is held in a square ring supervised by a referee and scored by three judges. (3) 'Boxing registry' means a registry created or designated pursuant to subsection (j) of Code Section 43-4B-4. (3.1) 'Charitable organization' means an entity described by: (A) Section 501(c)(3), Internal Revenue Code of 1986 (26 U.S.C. Section 501(c)(3));or

__________GEORGIA LAWS 2001 SESSION__________755
(B) Section 170(c), Internal Revenue Code of 1986 (26 U.S.C. Section 170(c)). (4) 'Commission' means the Georgia Athletic and Entertainment Commission. (5) 'Exhibition' means a contest where the participants engage in the use of boxing skills and techniques and where the objective is to display such skills and techniques without striving to win. (6) 'Face value' means the dollar value of a ticket or order, which value shall reflect the dollar amount that the customer is required to pay or, for complimentary tickets, would have been required to pay to purchase a ticket with equivalent seating priority in order to view the match, contest, exhibition, or entertainment event. A complimentary ticket shall not have a face value of $0.00. A complimentary ticket shall not have a face value of less than that of the least expensive ticket available for sale to the general public. Face value shall include any charges or fees, such as dinner, gratuity, parking, surcharges, or any other charges or fees which are charged to and must be paid by the customer in order to view the match, contest, exhibition, or entertainment event. It shall exclude any portion paid by the customer for federal, state, or local taxes. (7) 'Gross proceeds' means the total revenue received solely from the sale of tickets used or intended to be used by the audience physically attending any event required to be licensed under this chapter. (8) 'Gross receipts' means: (A) The gross price charged for the sale or lease ofbroadcasting, television, closed circuit, or motion picture rights without any deductions for commissions, brokerage fees, distribution fees, production fees, advertising, or other expenses or charges; and (B) The face value of all tickets sold and complimentary tickets redeemed. (9) 'Local tax' means any occupation tax or other tax owed to a county or municipality in order to hold a professional match, contest, or exhibition of boxing or to carry on a business as a ticket broker within such county or municipality. (10) 'Manager' means a person who under contract, agreement, or other arrangement with a boxer, undertakes to control or administer, directly or indirectly, a matter related to boxing on behalf of a boxer. Such term includes, but is not limited to, a person who functions as a booking agent, adviser, or consultant. (11) 'Matchmaker1 means a person who is employed by or associated with a promoter in the capacity of booking and arranging professional matches, contests, or exhibitions of boxing between opponents or who proposes professional matches, contests, or exhibitions of boxing and selects and arranges for the participants in such events and for whose activities in this regard the promoter is legally responsible. (12) 'Person' means any individual, partnership, firm, association, corporation, or combination of individuals of whatever form or character.

756______GENERAL ACTS AND RESOLUTIONS, VOL. I________
(13) 'Physician' means a doctor of medicine or other medical professional legally authorized by any state to practice medicine. (14) 'Professional' means a person who is participating or has participated in a match, contest, or exhibition of boxing which is not governed or authorized by one or more ofthe organizations listed in paragraph (1) ofthis Code section and:
(A) Has received or competed for or is receiving or competing for any cash as a salary, purse, or prize for participating in any match, contest, or exhibition of boxing; (B) Is participating or has participated in any match, contest, or exhibition of boxing to which admission is granted upon payment of any ticket for admission or other evidence of the right of entry; (C) Is participating or has participated in any match, contest, or exhibition of boxing which is or was filmed, broadcast, or transmitted for viewing; or (D) Is participating or has participated in any match, contest, or exhibition of boxing which provides a commercial advantage by attracting persons to a particular place or promoting a commercial product or enterprise. (15) 'Professional match, contest, or exhibition of boxing' means a boxing match, contest, or exhibition which is not governed or authorized by one or more of the organizations listed in paragraph (1) of this Code section and: (A) Rewards a boxer participating with cash as a salary, purse, or prize for such participation; (B) Requires for admission payment of a ticket for admission or other evidence of the right of entry; (C) Is filmed, broadcast, or transmitted for viewing; or (D) Provides a commercial advantage by attracting persons to a particular place or promoting a commercial product or enterprise. (16) 'Promoter' means the person primarily responsible for organizing, promoting, and producing a professional match, contest, or exhibition of boxing and who is legally responsible for the lawful conduct of such professional match, contest, or exhibition of boxing. (17) 'Purse' or 'ring earnings' means the financial guarantee or any other remuneration, or part thereof, for which professional boxers are participating in a match, contest, or exhibition and includes the boxer's share of any payment received for radio broadcasting, television, or motion picture rights. (18) 'State' means any of the 50 states, Puerto Rico, the District of Columbia, and any territory or possession of the United States. (19) Ticket broker' means any person who is involved in the business of reselling tickets of admission to athletic contests, concerts, theater performances, amusements, exhibitions, or other entertainment events to which the general public is admitted and who charges a premium in excess of the price of the ticket. The term ticket broker shall not include the owner, operator, lessee, or tenant of the property in which an athletic contest or entertainment event is being held or the sponsor of such a contest or event or the authorized ticket agent of such persons.

___________GEORGIA LAWS 2001 SESSION__________757
(20)(A) 'Unarmed combat' means any form of competition between human beings or one or more human beings and one or more animals in which:
(i) One or more blows are struck which may reasonably be expected to inflict injury on a human being; and (ii) There is some compensation or commercial benefit arising from such competition, whether in the form of cash or noncash payment to the competitors or the person arranging the competition; the sale of the right to film, broadcast, transmit, or view the competition; or the use of the competition to attract persons to a particular location for some commercial advantage or to promote a commercial product or commercial enterprise. (B) Unarmed combat shall include but shall not be limited to: tough man fights, bad man fights, nude boxing, and nude wrestling. (C) Unarmed combat shall not include: (i) Professional boxing; (ii) Professional wrestling; (iii) Amateur boxing; (iv) Amateur wrestling; (v) Any competition displaying the skills of a single form of an Oriental system ofunarmed self-defense, including, but not limited to, kick boxing, karate, or full-contact karate, which is held pursuant to the rules of that form and governed or authorized by a nationally recognized organization; or (vi) Mixed martial arts fighting when the competition is sanctioned, approved, or endorsed by the International Sport Combat Federation (ISCF). (21) 'Wrestling' means a staged performance of fighting and gymnastic skills and techniques by two or more human beings who are not required to use their best efforts in order to win and for which the winner may have been selected before the performance commences.
43-4B-2.
The provisions of this chapter shall not be construed to apply to any match, contest, or exhibition of boxing:
(1) In which the contestants are all amateurs; and (2) Which is governed or authorized by:
(A) U.S.A. Boxing; (B) The Georgia High School Athletic Association; (C) The National Collegiate Athletic Association; (D) Amateur Athletic Union; (E) Golden Gloves; or (F) The local affiliate of any organization listed in this paragraph.
43-4B-3. (a) The State Boxing Commission in existence immediately prior to the effective date of this chapter, is continued in existence subject to the provisions of this

758______GENERAL ACTS AND RESOLUTIONS, VOL. I______
chapter. On and after the effective date of this chapter, the name of such commission shall be the Georgia Athletic and Entertainment Commission. The membership of the commission shall continue unchanged except as otherwise expressly provided by this chapter. (b) The commission shall be composed of five members appointed by the Governor. All appointments shall be for terms of four years. Vacancies shall be filled for the unexpired terms under the same procedures and requirements as appointments for full terms. (c) The commission shall elect a chairperson from among its membership for a term of one year. The commission may elect a vice chairperson from its membership for a term of one year. Any member serving as chairperson shall be eligible for successive election to such office by the commission. (d) The commission's medical advisory panel, appointed by the Governor, shall consist of four persons licensed to practice medicine in Georgia pursuant to the provisions of Chapter 34 of this title. They shall represent the specialties of neurology, ophthalmology, sports medicine, and general medicine. The medical advisory panel shall advise and assist the commission and its staff regarding issues and questions concerning the medical safety of applicants or licensees, including, but not limited to, matters relating to medical suspensions. The medical advisory panel may meet separately from the commission to discuss and formulate recommendations for the commission in connection with medical safety. Members of the medical advisory panel shall not be counted in determining a quorum of the commission and shall not vote as commission members. (e) Each member of the commission and the medical advisory panel shall be reimbursed for expenses and travel as provided for members of various professional licensing boards in subsection (f) of Code Section 43-1-2.
43-4B-4.
(a) The commission is the sole regulator of professional boxing in Georgia and shall have authority to protect the physical safety and welfare of professional boxers and serve the public interest by closely supervising all professional boxing in Georgia. (b) The commission shall have the sole jurisdiction to license the promotion or holding ofeach professional match, contest, or exhibition ofboxing promoted or held within this state. (c) The commission shall have the sole authority to license participants in any professional match, contest, or exhibition of boxing held in this state. (d) The commission has the authority to direct, manage, control, and supervise all professional matches, contests, or exhibitions of boxing. It may adopt bylaws for its own management and promulgate and enforce rules and regulations consistent with this chapter. (e) The commission may appoint one or more inspectors as duly authorized representatives of the commission to ensure that the rules are strictly observed.

____________GEORGIA LAWS 2001 SESSION__________759
Such inspectors shall be present at all professional matches, contests, or exhibitions of boxing. (f) The commission may designate physicians as duly authorized representatives ofthe commission to conduct physical examinations ofboxers licensed under this chapter and shall designate a roster of physicians authorized to conduct prefight physicals and serve as ringside physicians in all professional boxing matches held in this state. (g) The commission or any agent duly designated by the commission may make investigations. The commission may hold hearings; issue subpoenas to compel the attendance ofwitnesses and the production ofbooks, papers, and records; and administer oaths to and examine any witnesses for the purpose of determining any question coming before it under this chapter or under the rules and regulations adopted pursuant to this chapter. During an investigation of any allegation which, if proven, would result in criminal or civil sanctions as provided in this chapter, the commission may withhold all or a portion of the gross receipts to which the person under investigation is entitled until such time as the matter has been resolved. (h) The commission shall be authorized to engage in activities which promote amateur boxing in this state and to contract with any nonprofit organization which is exempted from the taxation of income pursuant to Code Section 48-7-25 for the provision of services related to the promotion of amateur boxing in this state. To support amateur boxing in this state, the commission may promote voluntary contributions through the application process or through any fund raising or other promotional technique deemed appropriate by the commission. (i) Pursuant to 15 U.S.C.A. Section 6301, et seq., the commission is authorized to issue to each boxer who is a resident of this state an identification card bearing the boxer's photograph and in such form and containing such information as the commission deems necessary and appropriate. The commission is expressly authorized to ensure that the form and manner of issuance of such identification cards comply with any applicable federal law or regulation. The commission is authorized to charge an amount not to exceed $ 100.00 per card for the issuance or replacement of each identification card. (j) The commission is authorized to create a boxing registry or to designate a nationally recognized boxing registry and to register each boxer who is a resident of this state or who is a resident of another state which has no boxing registry, (k) The commission is authorized to inquire into the financial backing of any professional match, contest, or exhibition ofboxing and obtain answers to written or oral questions propounded to all persons associated with such professional event.
43-4B-5.
The Secretary ofState shall designate the secretary ofthe commission, who shall issue licenses and identification cards and perform such other duties as the commission may direct to carry out the provisions of this chapter.

760______GENERAL ACTS AND RESOLUTIONS, VOL. I_______
43-4B-6.
(a) The commission shall meet upon the call of the chairperson or upon the call of any two members. The business of the commission shall be conducted by a majority vote of the members present. A majority of the commission members shall constitute a quorum. (b) The chairperson, if necessary, may within ten days of receiving an application and license fee call a meeting of the commission for the purpose of approving or rejecting an application for a license or match permit which has been submitted to the commission. The meeting shall be held within 20 days of the chairperson's call at a place designated by the chairperson.
43-4B-7.
The commission shall adopt rules and regulations governing professional boxing to establish the following:
(1) Procedures to evaluate the professional records and physicians' certifications of each boxer participating in a professional match, contest, or exhibition of boxing and to deny authorization for a professional boxer to fight where appropriate; (2) Procedures to ensure that, except as otherwise provided in subsection (c) of Code Section 43-4B-14, no professional boxer is permitted to box while under suspension from any state boxing commission because of:
(A) A recent knockout, technical knockout, or series of consecutive losses; (B) An injury, requirement for a medical procedure, or physician's denial of certification; (C) Failure of a drug test; or (D) The use of false aliases or falsifying official identification cards or documents; and (3) Procedures to report to the boxing registry the results of all professional matches, contests, or exhibitions of boxing held in this state or being supervised by the commission and any related suspensions.
43-4B-8
No member or employee of the commission and no person who administers or enforces the provisions of this chapter or rules promulgated in accordance with this chapter may belong to, contract with, or receive any compensation from any person or organization who authorizes, arranges, or promotes professional matches, contests, or exhibitions of boxing or who otherwise has a financial interest in any activity or licensee regulated by this commission. The term 'compensation' does not include funds held in escrow for payment to another person in connection with a professional match, contest, or exhibition of boxing.

____________GEORGIA LAWS 2001 SESSION__________761
ARTICLE 2
43-4B-10. (a) No person shall promote or hold a professional match, contest, or exhibition of boxing within this state without first applying for and obtaining a promoter's license from the commission. Licenses shall be issued annually and shall expire on December 31 of each calendar year. (b) Promoters shall apply to the commission for a license required by subsection (a) of this Code section on a form provided by the commission. The application shall be accompanied by a nonrefundable fee not to exceed $250.00 in the form of a cashier's check made out to the commission. The application shall also be accompanied by a performance bond in an amount and under such conditions as the commission may require. (c) No person shall promote or hold a professional match, contest, or exhibition of boxing within this state without first applying for and obtaining a match permit from the commission for such professional match, contest, or exhibition of boxing in addition to the license required by subsection (a) of this Code section. Each application for a match permit shall be on a form provided by the commission and shall be accompanied by a nonrefundable application fee not to exceed $250.00 in the form of a cashier's check made out to the commission. The commission may charge an additional match fee in accordance with rules and regulations promulgated by the commission to implement the provisions of this article. (d) The commission may, prior to issuing any match permit, require a performance bond in addition to that required in subsection (b) of this Code section. (e) The commission may refund any portion of the match permit fee in excess of $250.00 to any person who paid such excess fee in the event the professional match, contest, or exhibition of boxing for which such fees were paid is not held.
43-4B-11. (a) Prior to participating in a professional match, contest, or exhibition ofboxing supervised by the commission, referees, judges, timekeepers, matchmakers, boxers, managers, trainers, and each person who assists a boxer immediately before and after a match, contest, or exhibition of boxing and between rounds during a match, contest, or exhibition of boxing shall apply for and be issued licenses. Licenses shall be issued annually and shall expire on December 31 of each calendar year. Each applicant shall make application on a form provided by the commission and pay an annual license fee not to exceed $250.00. (b) The commission shall issue a license under this Code section only if:
(1) The commission has determined to the best of its ability that the applicant has the training or skills necessary to perform in a manner appropriate to the license; (2) The applicant has complied with all applicable requirements ofthis chapter and any rules and regulations promulgated pursuant to this chapter; and

762______GENERAL ACTS AND RESOLUTIONS, VOL. I______
(3) The commission or its designated representative has determined from information provided by the applicant and from any medical evaluation required by the commission that the health, welfare, and physical safety of the applicant will not be unduly jeopardized by the issuance of the license.
43-4B-12. In addition to the license required in Code Section 43-4B-12, each professional boxer who is a resident of this state or another state which has no state boxing commission is required to register with a boxing registry created or designated by the commission and renew his or her registration as prescribed by rules of the commission. At the time of registration and renewal, the boxer shall provide the boxing registry with a recent photograph of the boxer and the social security number of the boxer or, in the case of a foreign boxer, any similar citizen identification number or boxer number from the country of residence of the boxer, along with any other information the commission requires. The boxing registry shall issue a personal identification number to each boxer and such number shall appear on the identification card issued to the boxer as a result of registration. Each boxer is required to present to the boxing commission an identification card issued by the state in which he or she resides not later than the time of the weigh-in for a professional match, contest, or exhibition. The commission may charge a registration fee in an amount calculated to cover the administrative expense of such registration.
43-4B-13. (a) The commission shall have the authority to refuse to grant a license to an applicant upon a finding by a majority ofthe entire commission that the applicant has failed to demonstrate the qualifications or standards for a license contained in this Code section or under the laws, rules, and regulations under which licensure is sought. It shall be incumbent upon the applicant to demonstrate to the satisfaction of the commission that he or she meets all the requirements for the issuance of a license, and, if the commission 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 commission if he or she so desires. (b) The commission may, by majority vote, after prior notice to the holder of any state license and after affording such a holder an opportunity to be heard, fine the license holder, revoke or suspend a state license, or take other disciplinary action against the licensee, and:
(1) The commission shall, upon the recommendation of any officially designated representative for reasons involving the medical or physical safety ofany professional boxer licensed by the commission, summarily suspend any license previously issued by the commission or take other disciplinary action against any licensee; provided, however, that such licensee shall, after such summary suspension, be afforded an opportunity to be heard, in accordance with the rules of the commission and Chapter 13 of Title 50, the 'Georgia

____________GEORGIA LAWS 2001 SESSION___________763
Administrative Procedure Act.' Any such summary suspension imposed against such a licensee may include, but shall not be limited to:
(A) Prohibiting any boxer from competing, appearing in, or participating in any professional match, contest, or exhibition within 60 days of having suffered a knockout; or (B) Prohibiting any boxer from competing, appearing in, or participating in any professional match, contest, or exhibition within 30 days of having suffered a technical knockout where evidence of head trauma has been determined by the attending ringside physician. The length of any summary suspension invoked pursuant to subparagraph (A) or (B) of this paragraph, upon recommendation of the ringside physician, may be extended to any number of days. Terms and conditions of the suspension or revocation may require that the boxer submit to further medical evaluation as determined by the ringside physician; and (2) The commission, its secretary, or its duly authorized representative may, at any time prior to the completion of a permitted professional match, contest, or exhibition of boxing, summarily suspend or revoke the match permit or the license of any specific boxer should it be determined by such person that the continuation of said professional match, contest, or exhibition of boxing may jeopardize the health, welfare, morals, or safety of the citizens of this state or may jeopardize the health or personal safety of any participant of such professional match, contest, or exhibition of boxing; provided, however, that such licensee shall, after such summary suspension, be afforded an opportunity to be heard, in accordance with the rules of the commission and Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' (c) The commission may revoke a suspension of a boxer if: (1) The boxer was suspended pursuant to rules and regulations adopted pursuant to subparagraph (A) or (B) of paragraph (2) of Code Section 43-4B-7 and has furnished proof of a sufficiently improved medical or physical condition; or (2) The boxer furnishes proof that a suspension pursuant to subparagraph (D) of paragraph (2) of Code Section 43-4B-7 was not or is no longer merited by the facts.
43-4B-14. No person may arrange, promote, organize, produce, or participate in a professional match, contest, or exhibition of boxing without meeting the following requirements:
(1) Each boxer must be examined by a physician who must then certify that the boxer is physically fit to compete safely. Copies of each such certificate shall be provided to the commission prior to the professional match, contest, or exhibition of boxing. The commission is authorized at any time to require a boxer to undergo a physical examination, including neurological or neuropsychological tests and procedures;

764______GENERAL ACTS AND RESOLUTIONS, VOL. I_________
(2) A physician approved by the commission must be continuously present at ringside during every professional match, contest, or exhibition ofboxing. The physician shall observe the physical condition of the boxers and advise the referee with regards thereto; (3) One or more inspectors appointed by the commission as duly authorized representatives of the commission shall be present at each professional match, contest, or exhibition of boxing to ensure that the rules are strictly observed. An inspector or other duly authorized representative of the commission must be present at the weigh-in and at the ring during the conduct ofthe professional match, contest, or exhibition of boxing. Inspectors and other duly authorized representatives of the commission shall have free access to the dressing rooms of the boxers; (4) Each boxer shall be covered by health insurance which will cover injuries sustained during the professional match, contest, or exhibition of boxing; and (5) An ambulance and medical personnel with appropriate resuscitation equipment must be continuously present at the site during any professional match, contest, or exhibition of boxing.
43-4B-15. It shall be unlawful for any boxer to participate or attempt to participate in a professional match, contest, or exhibition of boxing while under the influence of alcohol or any drug. A boxer shall be deemed under the influence of alcohol or a drug for the purposes of this Code section if a physical examination made during a period of time beginning not more than six hours prior to the beginning of the professional match, contest, or exhibition of boxing and ending not more than one hour after the completion of the professional match, contest, or exhibition of boxing reveals that the boxer's mental or physical ability is impaired in any way as a direct result of the use of alcohol or a drug.
43-4B-16. All buildings or structures used or intended to be used for holding or giving professional matches, contests, or exhibitions of boxing shall be safe and shall in all manner conform to the laws, ordinances, and regulations pertaining to buildings in the city or unincorporated area of the county where the building or structure is situated.
43-4B-17. No person under the age of 18 years shall participate as a contestant in any professional match, contest, or exhibition of boxing.
43-4B-18. The commission shall have jurisdiction over any professional match, contest, or exhibition of boxing which occurs or is held within this state, is filmed in this state, or is broadcast or transmitted from this state.

____________GEORGIA LAWS 2001 SESSION__________765
ARTICLE 3
43-4B-25. (a) Except as otherwise provided in Code Section 43-4B-29, it shall be unlawful for any person other than a ticket broker to resell or offer for resale any ticket of admission or other evidence of the right of entry to any athletic contest, concert, theater performance, amusement, exhibition, or other entertainment event to which the general public is admitted for a price in excess of the face value of the ticket. Notwithstanding any other provision of this article to the contrary, a service charge not to exceed $3.00 may be charged when tickets or other evidences of the right of entry are sold by an authorized ticket agent through places of established business licensed to do business by the municipality or county, where applicable, in which such places of business are located. Notwithstanding any other provision of this article to the contrary, the owner, operator, lessee, or tenant of the property on which such athletic contest or entertainment event is to be held or is being held or the sponsor of such contest or event may charge or may authorize, in writing, any person to charge a service charge for the sale of such ticket, privilege, or license of admission in addition to the face value of the ticket. Such writing granting authority to another shall specify the amount of the service charge to be charged for the sale of each ticket, privilege, or license of admission. (b) Notwithstanding any other provision ofthis article to the contrary, in the case of any athletic contest or entertainment event that is described in Code Section 43-4B-30, a sponsor of such a contest or event may contractually restrict the resale of a ticket to such contest or event by giving notice of such restriction on the back of the ticket. Notwithstanding any other provision of this article to the contrary, in the case of any athletic contest or entertainment event, an owner, operator, lessee, or tenant of the property on which such contest or event is to be held or is being held may contractually restrict the resale of the right of occupancy of any specific suite, seat, or seating area by giving notice in writing of such restriction.
43-4B-26. In order to engage in the practice or business of a ticket broker a person shall be required to:
(1) Maintain a permanent office or place of business in this state, excluding a post office box, for the purpose of engaging in the business of a ticket broker; (2) Apply to the commission for a ticket broker's license on a form designated by the commission, pay an annual license fee of $400.00, and renew the license annually; (3) Pay any local tax required by a local government; (4) Register for sales and use tax purposes pursuant to Article 1 of Chapter 8 of Title 48; and (5) Provide satisfactory evidence to the commission that the ticket broker has posted or has made provision for the posting of a bond. The required bond

766______GENERAL ACTS AND RESOLUTIONS, VOL. I_______
shall be executed in favor of the state, in the amount of $100,000.00, with a surety company authorized to do business in this state and conditioned to pay damages not to exceed the amount of such bond to any person aggrieved by any act of the principal named in such bond, which act is in violation of this Code section.
43-4B-27.
No person shall engage in the practice or business of a ticket broker, or be employed as general manager for a person engaged in the practice or business of a ticket broker, who has been convicted of a felony and who has not been pardoned or had his or her civil rights restored.
43-4B-28. (a) The ticket broker shall be required to:
(1) Post at its established place of business the terms of the purchaser's right to cancel the purchase of a ticket from a ticket broker; (2) Disclose to the purchaser the refund policy of the ticket broker should an athletic contest or entertainment event be canceled; (3) Disclose to the purchaser in writing the difference between the face value of the ticket and the amount which the ticket broker is charging for such ticket; and (4) Sell tickets only at its permanent office or place of business; provided, however, that delivery of one or more tickets after the transaction is completed to a place other than the ticket broker's office or place of business shall not violate this paragraph. (b)(l) A ticket broker shall be prohibited from employing any agent or employee for the purpose of making future purchases of tickets from the owner, operator, lessee, or tenant of the property on which an athletic contest or entertainment event is to be held. (2) Each ticket broker, including any affiliated group of ticket brokers, shall be prohibited from acquiring and reselling in excess of 1 percent of the total tickets allocated for any contest or event. (3) Unless otherwise provided in a written agreement between a ticket broker and the purchaser, a ticket broker shall be required to refund any payment received for the purchase of a ticket under this article if the purchaser returns the ticket and requests a cancellation of the sale thereof within 36 hours from the time of purchase of the ticket and if such return is made more than 72 hours preceding the athletic contest or entertainment event. (4) A ticket broker shall be required to refund any payment received for the purchase of a ticket under this article if the athletic contest or entertainment event is canceled and not rescheduled. (5) If a ticket broker guarantees in writing delivery of a ticket or tickets to an athletic contest or entertainment event as provided under this article to a purchaser and fails to complete such delivery, the ticket broker shall be required to provide within 15 days a full refund of any amount paid by the

____________GEORGIA LAWS 2001 SESSION__________767
purchaser and, in addition, shall pay the purchaser a refund fee of three times the amount paid by the purchaser for each such ticket. (c) A ticket broker and its employees, agents, and assigns are criminally prohibited from reselling or offering for resale any ticket within 1,500 feet from the venue where an event or contest is to be held or is being held.
43-4B-29. (a) No provision of this article or any other provision of law shall criminally prohibit any person who is the original purchaser for personal use of one or more tickets to an athletic contest or entertainment event covered under this article from reselling or offering for resale any of such tickets for any price, provided that such person does not sell or offer to sell such tickets within 1,500 feet of a ticket office for such a contest or event or a public entrance to such a contest or event. No provision of this article or any other provision of law shall criminally prohibit the purchaser for personal use of one or more tickets to an athletic contest or entertainment event from reselling or offering for resale any of such tickets in any zone or zones within the restricted areas, as provided in this subsection or subsection (b) of Code Section 43-4B-30, where such activity is authorized by the sponsor of the contest or event and the owner or operator of the venue where such contest or event is being held or to be held. (b) Charitable organizations and their employees and volunteers shall not be subject to the provisions of this article when offering for sale any tickets of admission in a raffle, auction, or similar fund-raising activity for the benefit of the organization's charitable purposes.
43-4B-30. (a) With regard to any single athletic contest or entertainment event which occurs no more often than once annually and with regard to any series of athletic contests which occur no more often than once annually and which occur within a time period not exceeding ten days, the municipal corporation in which such contest, event, or series of contests is to be held, or if the contest, event, or series of contests is to be held in an unincorporated area, the county of such unincorporated area, is authorized to enact by ordinance regulations governing ticket brokers for such contest, event, or series of contests which are more restrictive than the provisions of this article. (b) The municipal corporation in which an athletic contest or entertainment event is to be held, or if the contest or entertainment event is to be held in an unincorporated area, the county of such unincorporated area, is authorized to enact an ordinance prohibiting the resale or offering for resale of one or more tickets by a ticket broker or by a person who is the original purchaser for personal use of one or more tickets within 2,700 feet of a venue which seats or admits 15,000 or more persons.

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43-4B-31. Any person who violates this article is guilty of a misdemeanor of a high and aggravated nature.
43-4B-32.
(a) In addition to the powers and duties set out in Code Section 43-4B-3, the commission is authorized to promulgate rules and regulations to accomplish the purposes of this article in accordance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' The commission shall enforce the provisions of this article. The enforcement powers of the commission set out in this Code section shall be in addition to the criminal penalty provided by Code Section 43-4B-31. (b) Whenever it may appear to the commission that any person is violating or has violated any provision of this article and that proceedings would be in the public interest:
(1) Subject to notice and opportunity for hearing in accordance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' unless the right to notice is waived by the person against whom the sanction is imposed, the commission may:
(A) Issue a cease and desist order prohibiting any violation of this article; (B) Issue an order against a person who violates this article, imposing a civil penalty up to a maximum of $1,000.00 per violation; or (C) Issue an order suspending or revoking the ticket broker's license; or (2) Upon a showing by the commission in any superior court of competent jurisdiction that a person has violated or is about to violate this article, a rule promulgated under this article, or an order of the commission, the court may enter or grant any or all of the following relief: (A) A temporary restraining order or a temporary or permanent injunction; (B) A civil penalty up to a maximum of $2,000.00 per violation of this article; (C) A declaratory judgment; (D) Restitution to any person or persons adversely affected by a defendant's action in violation of this article; or (E) Other relief as the court deems just or reasonable. (c) Unless the commission determines that a person subject to this article intends to depart quickly from this state or to remove his or her property from this state or to conceal his or her person or property in this state or that there is immediate danger of harm to citizens of this state or another state, the commission shall give notice in writing that such proceedings are contemplated and allow such person a reasonable opportunity to appear before the commission and execute an assurance of voluntary compliance. The determination of the commission under this subsection shall be final and not subject to review. (d) Procedures relating to hearings, notice, counsel, subpoenas, records, enforcement powers, intervention, rules of evidence, decisions, exceptions, review of initial decisions, final decisions, and judicial review of decisions shall

____________GEORGIA LAWS 2001 SESSION__________769
be governed by Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' unless the provisions of such chapter are contrary to the express provisions of this article.
ARTICLE 4
43-4B-40. (a) Whenever the Attorney General has reasonable cause to believe that a person is engaged in a violation of Article 2 of this chapter, the Attorney General may bring a civil action requesting such relief, including a permanent or temporary injunction, restraining order, or other order against such person as the Attorney General determines to be necessary to restrain the person from continuing to engage in, sanction, promote, or otherwise participate in a professional match, contest, or exhibition of boxing in violation of Article 2 of this chapter.
(b)(l) Any manager, promoter, matchmaker, or licensee who knowingly violates or coerces or causes any other person to violate any provision of Article 2 of this chapter shall, upon conviction, be imprisoned for not more than one year or fined not more than $20,000.00, or both. (2) Any member or employee of the commission or any person who administers or enforces this chapter or rules and regulations promulgated pursuant to this chapter who knowingly violates Code Section 43-4B-14 or Code Section 43-4B-15 shall, upon conviction, be imprisoned for not more than one year or fined not more than $20,000.00, or both. (3) Any professional boxer who knowingly violates any provision of this chapter except Code Section 43-4B-15 shall, upon conviction, be fined not more than $1,000.00 for each violation. (4) Any professional boxer who violates the provisions of Code Section 43-4B-15 may be punished by a fine not to exceed $25,000.00 together with a percentage of the purse not to exceed 15 percent for each violation. (c) Unarmed combat, as defined in Code Section 43-4B-1, is a misdemeanor of a high and aggravated nature."
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.
Approved April 26, 2001.

770______GENERAL ACTS AND RESOLUTIONS, VOL. I________
MOTOR VEHICLES AND TRAFFIC - UNIFORM RULES OF THE ROAD; STANDARD FINES FOR SPEEDING; TRAFFIC-CONTROL SIGNAL MONITORING DEVICES.
Code Title 40 Amended.
No. 223 (House Bill No. 678).
AN ACT
To amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, so as to improve enforcement of Uniform Rules of the Road; to standardize maximum fines for violations of certain such rules; to regulate use of traffic-control signal monitoring devices in enforcing certain such rules; to change certain provisions relating to required observance of Uniform Rules of the Road; to change certain provisions relating to required obedience to traffic-control devices and presumptions; to change certain provisions relating to powers of local authorities generally; 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 Code Section 40-6-1, relating to required observance of Uniform Rules of the Road, and inserting in lieu thereof the following:
'40-6-1. (a) It is unlawful and, unless otherwise declared in this chapter with respect to particular offenses, it is a misdemeanor for any person to do any act forbidden or fail to perform any act required in this chapter. (b) Unless a different maximum fine or greater minimum fine is specifically provided in this chapter for a particular violation, the maximum fine which may be imposed as punishment for a first offense of violating any lawful speed limit established by or pursuant to the provisions of Article 9 of this chapter by exceeding a maximum lawful speed limit:
(1) By five miles per hour or less shall be no dollars; (2) By more than five but not more than ten miles per hour shall not exceed $25.00; (3) By more than ten but not more than 14 miles per hour shall not exceed $100.00; (4) By more than 14but less than 19 miles per hour shall not exceed $125.00; (5) By 19 or more but less than 24 miles per hour shall not exceed $150.00; or (6) By 24 or more but less than 34 miles per hour shall not exceed $500.00."

____________GEORGIA LAWS 2001 SESSION__________771
SECTION 2. Said title is further amended by striking Code Section 40-6-20, relating to required obedience to traffic-control devices and presumptions, and inserting in lieu thereof the following:
'40-6-20.
(a) The driver of any vehicle shall obey the instructions of an official traffic-control device applicable thereto, placed in accordance with this chapter, unless otherwise directed by a police officer, subject to the exceptions granted the driver of an authorized emergency vehicle in this chapter. A violation of this subsection shall be a misdemeanor, except as otherwise provided by subsection (f) of this Code section. (b) No provisions of this chapter which require official traffic-control devices shall be enforced against an alleged violator ifat the time and place ofthe alleged violation an official device was not in proper position and sufficiently legible to be seen by an ordinarily observant person. Whenever a particular Code section does not state that official traffic-control devices are required, such Code section shall be effective even though no devices are erected or in place. (c) Whenever official traffic-control devices are placed in position approximately conforming to the requirements ofthis chapter, such devices shall be presumed to have been so placed by the official act or direction of lawful authority, unless the contrary shall be established by competent evidence. (d) Any official traffic-control device placed pursuant to this chapter and purporting to conform to the lawful requirements pertaining to such devices shall be presumed to comply with the requirements ofthis chapter, unless the contrary shall be established by competent evidence. (e) The disregard or disobedience of the instructions of any official traffic-control device or signal placed in accordance with the provisions of this chapter by the driver of a vehicle shall be deemed prima-facie evidence of a violation of law, without requiring proof of who and by what authority such sign or device has been erected.
(f)(l) As used in this subsection, the term: (A) 'Owner' means the registrant of a motor vehicle, except that such term shall not include a motor vehicle rental company when a motor veliicle registered by such company is being operated by another person under a rental agreement with such company. (B) 'Recorded images' means images recorded by a traffic-control signal monitoring device: (i) On: (I) Two or more photographs; (II) Two or more microphotographs; (III) Two or more electronic images; or (IV) Videotape; and (ii) Showing a traffic-control signal displaying a CIRCULAR RED or RED ARROW signal along with the rear of a motor vehicle apparently operated in disregard or disobedience of such signal and, on at least one

772______GENERAL ACTS AND RESOLUTIONS, VOL. I________
image or portion of tape, clearly revealing the number or other identifying designation of the license plate displayed on the motor vehicle. (C) Traffic-control signal monitoring device' means a device with one or more motor vehicle sensors working in conjunction with a traffic-control signal to produce recorded images of motor vehicles being operated in disregard or disobedience of a CIRCULAR RED or RED ARROW signal. (2) Subsection (a) of this Code section may be enforced as provided in this subsection pursuant to the use of traffic-control signal monitoring devices in accordance with Article 3 of Chapter 14 of this title. (3) For the purpose of enforcement pursuant to this subsection: (A) The driver of a motor vehicle shall be liable for a civil monetary penalty of not more than $70.00 if such vehicle is found, as evidenced by recorded images produced by a traffic-control signal monitoring device, to have been operated in disregard or disobedience of a CIRCULAR RED or RED ARROW signal in violation of subsection (a) of this Code section and such disregard or disobedience was not otherwise authorized by law; (B) The law enforcement agency for which such device is permitted shall send by first-class mail addressed to the owner of the motor vehicle postmarked not later than ten days after the date of the alleged violation: (i) A uniform traffic citation for the violation, which shall include the date and time of the violation, the location of the intersection, the amount of the civil monetary penalty imposed, and the date by which the civil monetary penalty shall be paid; (ii) A copy of the recorded image; (iii) A copy of a certificate sworn to or affirmed by a trained law enforcement officer or a technician employed by a law enforcement agency for which such device is authorized and stating that, based upon inspection of recorded images, the owner's motor vehicle was operated in disregard or disobedience of a CIRCULAR RED or RED ARROW signal in violation of subsection (a) of this Code section and that such disregard or disobedience was not otherwise authorized by law; (iv) A statement of the inference provided by subparagraph (D) of this paragraph and ofthe means specified therein by which such inference may be rebutted; (v) Information advising the owner of the motor vehicle of the manner and time in which liability as alleged in the citation may be contested in court;and (vi) Warning that failure to pay the civil monetary penalty or to contest liability in a timely manner shall waive any right to contest liability and result in a civil monetary penalty; provided, however, that only warning notices and not citations for violations shall be sent during the 30 day period commencing with the installation of a traffic-control signal monitoring device at such location; (C) Proof that a motor vehicle was operated in disregard or disobedience of a CIRCULAR RED or RED ARROW signal in violation of subsection (a)

__________GEORGIA LAWS 2001 SESSION__________773
of this Code section shall be evidenced by recorded images produced by a traffic-control signal monitoring device authorized pursuant to Article 3 of Chapter 14 of this title. A copy of a certificate sworn to or affirmed by a trained law enforcement officer or a technician employed by a law enforcement agency for which such device is authorized and stating that, based upon inspection of recorded images, a motor vehicle was operated in disregard or disobedience of a CIRCULAR RED or RED ARROW signal in violation of subsection (a) ofthis Code section and that such disregard or disobedience was not otherwise authorized by law shall be prima-facie evidence of the facts contained therein; and (D) Liability under this subsection shall be determined based upon preponderance of the evidence. Prima-facie evidence that the vehicle described in the citation issued pursuant to this subsection was operated in violation of subsection (a) of this Code section, together with proof that the defendant was at the time of such violation the registered owner of the vehicle, shall permit the trier of fact in its discretion to infer that such owner of the vehicle was the driver of the vehicle at the time of the alleged violation. Such an inference may be rebutted if the owner of the vehicle:
(i) Testifies under oath in open court that he or she was not the operator of the vehicle at the time of the alleged violation; (ii) Presents to the court prior to the return date established on the citation a certified copy of a police report showing that the vehicle had been reported to the police as stolen prior to the time of the alleged violation; or (iii) Submits to the court prior to the return date established on the citation a sworn notarized statement identifying the name of the operator of the vehicle at the time of the alleged violation. (4) A violation for which a civil penalty is imposed pursuant to this subsection shall not be considered a moving traffic violation, for the purpose of points assessment under Code Section 40-5-57. Such violation shall be deemed noncriminal, and imposition of a civil penalty pursuant to this subsection shall not be deemed a conviction and shall not be made a part ofthe operating record of the person upon whom such liability is imposed, nor shall it be used for any insurance purposes in the provision of motor vehicle insurance coverage. (5) If a person summoned by first-class mail fails to appear on the date of return set out in the summons and has not paid the penalty for the violation or filed a police report or affidavit pursuant to division (3)(D)(ii) or (3)(D)(iii) of this subsection, the person summoned shall have waived the right to contest the violation and shall be liable for a civil monetary penalty of not more than $70.00. (6) Except as otherwise provided in this subsection, the provisions of law governingjurisdiction, procedure, defenses, adjudication, appeal, and payment and distribution ofpenalties otherwise applicable to violations ofsubsection (a) of this Code section shall apply to enforcement under this subsection;

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provided, however, that any appeal from superior or state court shall be by application in the same manner as that provided by Code Section 5-6-35. (7) Recorded images made for purposes of this subsection shall not be a public record for purposes of Article 4 of Chapter 18 of Title 50. (8) The provisions of this subsection shall not limit law enforcement agencies to the use of traffic-control signal monitoring devices in enforcing subsection (a) of this Code section; and, when there is evidence obtained from another source or sources which constitutes a prima-facie case of a violation of subsection (a) of this Code section, such violation may be prosecuted as otherwise provided by law in lieu of, but not in addition to, enforcement under this subsection."
SECTION 3. Said title is further amended in Code Section 40-6-3 71, relating to powers of local authorities generally, by inserting a new subsection (a.l) to read as follows:
"(a. 1) No fine imposed by a local authority for violation of an ordinance or regulation for conduct which constitutes a violation ofa provision ofthis chapter shall exceed any maximum fine specified by this chapter for such violation."
SECTION 4. Said title is further amended in Chapter 14, relating to use of radar speed detection devices, by designating Code Section 40-14-1 as Article 1, designating Code Sections 40-14-2 through 40-14-17 as Article 2, and adding a new Article 3 to read as follows:
"ARTICLE 3
40-14-20. As used in this article, the term:
(1) 'Recorded images' has the meaning provided in subparagraph (f)(l)(B) of Code Section 40-6-20. (2) Traffic-control signal monitoring device' has the meaning provideoUin subparagraph (f)(l)(C) of Code Section 40-6-20.
40-14-21. (a) The law enforcement agency of any county or municipality shall not use traffic-control signal monitoring devices unless the chief law enforcement officer of such county or municipality desires the use of such devices and such use is approved by the governing authority of the county or municipality. The governing authority of the county or municipality shall conduct a public hearing on the proposed use of such devices prior to entering any contract on or after July 1, 2001, for the use or purchase of such devices. (b) No county or municipal governing authority shall be authorized to use traffic-control signal monitoring devices where any arresting officer or official

____________GEORGIA LAWS 2001 SESSION__________775
of the court having jurisdiction of traffic cases is paid on a fee system. This subsection shall not apply to any official receiving a recording fee. (c) If a county or municipality elects to use traffic-control signal monitoring devices, no portion of any fine collected through the use of such devices may be paid to the manufacturer or vendor of the traffic-control signal monitoring devices. The compensation paid by the county or municipality for such devices shall be based on the value of such equipment and shall not be based on the number of traffic citations issued or the revenue generated by such devices.
(d)(l) A traffic-control signal monitoring device shall not be used by a law enforcement agency unless the law enforcement agency employs at least one full-time certified peace officer. (2) Failure of a law enforcement agency to continue to meet the standards provided by this subsection shall cause such agency to be ineligible to use traffic-control signal monitoring devices.
40-14-22.
The timing of any traffic-control signal which is being monitored by a traffic-control signal monitoring device shall conform to regulations promulgated by the Department of Transportation pursuant to Code Section 32-6-50. Each county or municipal law enforcement agency using a traffic-control signal monitoring device shall at its own expense test the device for accuracy at regular intervals and record and maintain the results of each test. Such test results shall be public records subject to inspection as provided by Article 4 of Chapter 18 of Title 50. Each such test shall be made in accordance with the manufacturer's recommended procedure. Any such device not meeting the manufacturer's minimum accuracy requirements shall be removed from service and thereafter shall not be used by the county or municipal law enforcement agency until it has been serviced and calibrated at the expense of the law enforcement agency by a qualified technician.
40-14-23. Each county or municipality using traffic-control signal monitoring devices shall erect signs on every highway which comprises a part ofthe state highway system at that point on the highway which intersects the jurisdictional limits of the county or municipality. A sign shall be erected also by such entity on each public road on the approach to the next traffic-control signal for such road when a traffic-control signal monitoring device is monitoring such next signal for such road. Such signs shall be at least 30 inches by 30 inches in measurement and shall warn approaching motorists that traffic-control signal monitoring devices are being employed.
40-14-24. Each county or municipality using any traffic-control signal monitoring device shall submit not later than February 1 of each year a report on such use during the preceding calendar year to the Governor, the Lieutenant Governor, and the

776______GENERAL ACTS AND RESOLUTIONS, VOL. I________
Speaker of the House of Representatives. Such report shall include, without limitation:
(1) A description of the locations where traffic-control signal monitoring devices were used; (2) The number ofviolations recorded at each location and in the aggregate on a monthly basis; (3) The total number of citations issued; (4) The number of fines and total amount of fines paid after citation without contest; (5) The number of violations adjudicated and results of such adjudications, including a breakdown of dispositions made; (6) The total amount of fines paid; and (7) The quality of the adjudication process and its results."
SECTION 5. All laws and parts of laws in conflict with this Act are repealed.
Approved April 26, 2001.
HEALTH - AUTOMATED EXTERNAL DEFIBRILLATORS; USE; IMMUNITY FROM TORT LIABILITY.
Code Sections 31-11-53.2 and 51-1-29.3 Enacted.
No. 225 (Senate Bill No. 51).
AN ACT
To amend Chapter 11 of Title 31 of the Official Code of Georgia Annotated, relating to emergency medical services, so as to add provisions regulating the use ofautomated external defibrillators by lay rescuers; to amend Chapter 1 ofTitle 51 of the Official Code of Georgia Annotated, relating to torts in general, so as to provide for immunity from liability for persons engaged in activities relating to the use of automated external defibrillators; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Chapter 11 of Title 31 of the Official Code of Georgia Annotated, relating to emergency medical services, is amended by inserting immediately after Code Section 31-11-53.1 a new Code Section 31-11-53.2 to read as follows:

____________GEORGIA LAWS 2001 SESSION__________777
'31-11-53.2.
(a) As used in this Code section, the term 'lay rescuer' means a person trained to provide cardiopulmonary resuscitation and to use an automatic external defibrillator, as defined in Code Section 31-11-53.1, and who is participating in a physician or medically authorized automated external defibrillator program. (b) The following guidelines shall be applicable to the use of automated external defibrillators by lay rescuers:
(1) Any person or entity who acquires an automated external defibrillator shall ensure that:
(A) Expected users ofthe automated external defibrillator receive American Heart Association or American Red Cross training in cardiopulmonary resuscitation and automated external defibrillator use or complete an equivalent nationally recognized course; (B) The defibrillator is maintained and tested according to the manufacturer's operational guidelines; (C) There is involvement of a licensed physician or other person authorized by the composite board in the site' s automated external defibrillator program to ensure compliance with requirements for training, notification, and maintenance; (D) Any person who renders emergency care or treatment on a person in cardiac arrest by using an automated external defibrillator activates the emergency medical services system as soon as possible and reports any clinical use of the automated external defibrillator to the licensed physician or other person authorized by the composite board who is supervising the program; and (2) Any person or entity who acquires an automated external defibrillator shall notify an agent of the emergency communications or vehicle dispatch center of the existence, location, and type of automated external defibrillator.*
SECTION 2. Chapter 1 of Title 51 of the Official Code of Georgia Annotated, relating to torts in general, is amended by inserting a new Code Section 51-1-29.3 to read as follows:
'51-1-29.3.
The persons described in this Code section shall be immune from civil liability for any act or omission to act related to the provision of emergency care or treatment by the use of or provision of an automated external defibrillator, as described in Code Sections 31-11-53.1 and 31-11-53.2, except that such immunity shall not apply to an act of willful or wanton misconduct and shall not apply to a person acting within the scope of a licensed profession if such person acts with gross negligence. The immunity provided for in this Code section shall extend to:
(1) Any person who gratuitously and in good faith renders emergency care or treatment by the use of or provision of an automated external defibrillator without objection of the person to whom care or treatment is rendered;

778_______GENERAL ACTS AND RESOLUTIONS, VOL. I_______
(2) The owner or operator of any premises or conveyance who installs or provides automated external defibrillator equipment in or on such premises or conveyance; (3) Any physician or other medical professional who authorizes, directs, or supervises the installation or provision of automated external defibrillator equipment in or on any premises or conveyance other than any medical facility as defined in paragraph (2) of Code Section 31-7-1; and (4) Any person who provides training in the use of automated external defibrillator equipment as required by subparagraph (b)(l)(A) of Code Section 31-11-53.1, whether compensated or not. This Code section is not applicable to any training or instructions provided by the manufacturer of the automated external defibrillator or to any claim for failure to warn on the part of the manufacturer. (5) Nothing in this Code section shall be construed so as to provide immunity to the manufacturer of any automated external defibrillator or off-premises automated external defibrillator maintenance or service providers, nor shall it relieve the manufacturer from any claim for product liability or failure to warn."
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.
Approved April 26, 2001.
COMMERCE AND TRADE - MARINE VESSELS; DEALER AND DISTRIBUTOR RELATIONS.
Code Title 10, Chapter 1, Article 22A Enacted.
No. 226 (Senate Bill No. 188).
AN ACT
To amend Chapter 1 ofTitle 10 ofthe Official Code ofGeorgia Annotated, relating to selling and other trade practices, so as to regulate disposition of marine dealers' inventory following termination of a franchise, selling, or other contractual agreement; to provide legislative findings and declarations; to define certain terms; to provide for applicability; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

____________GEORGIA LAWS 2001 SESSION__________779
SECTION 1. Chapter 1 of Title 10 ofthe Official Code ofGeorgia Annotated, relating to selling and other trade practices, is amended by inserting a new Article 22A to read as follows:
"ARTICLE 22A
10-1-675. The General Assembly finds and declares that the distribution of marine vessels and products in the State of Georgia vitally affects the general economy of the state and the public interest and public welfare and, in the exercise of its police power, it is necessary to regulate marine manufacturers, distributors, and dealers and their representatives doing business in Georgia in order to prevent unfair business practices, unfair methods of competition, impositions, and other abuses upon its citizens.
10-1-676. As used in this article, the term:
(1) 'Distributor' or 'wholesaler' means any person, company, or corporation who sells or distributes marine products to marine dealers and who maintains distributor representatives within the state. (2) 'Franchise' means an oral or written agreement for definite or indefinite period of time in which a manufacturer grants to a marine dealer permission to use a trade name, service mark, or related characteristic and in which there is a community of interest in the marketing of marine products or services related thereto at wholesale or retail, whether by leasing, sale, or otherwise. (3) 'Manufacturer' means any person, firm, association, corporation, or trust, resident or nonresident, that fabricates, manufactures, or assembles new and unused marine products. It does not include a person, firm, association, corporation, or trust which converts, modifies, or otherwise alters a marine product manufactured by another person, firm, association, corporation, or trust. (4) 'Manufacturer sales representative' means any officer, agent, or employee employed by a person, firm, association, corporation, or trust that fabricates, manufactures, or assembles marine products or by a factory branch for the purpose of making or promoting the sale of marine products or supervising or contacting marine dealers or prospective dealers. (5) 'Marine dealer' means any person who holds a bona fide contract, agreement, or franchise with a manufacturer or distributor of marine products. (6) 'Marine product1 means a new or used watercraft, boat, vessel, or motor primarily designed for recreational or commercial use on water. The term also includes an outboard motor or a boat outfitted with an inboard or outboard motor. The term shall not mean a watercraft designed primarily for commercial use.

780______GENERAL ACTS AND RESOLUTIONS, VOL. I________
10-1-677. (a)(l) Whenever any marine dealer enters into a franchise, selling, or other contractual agreement with a manufacturer, distributor, or wholesaler wherein the dealer agrees to maintain an inventory of marine products or repair parts, the manufacturer, distributor, or wholesaler shall not terminate such agreement in case of breach by the dealer unless and until 90 days after notice of such intention to terminate has been sent by certified mail or statutory overnight delivery, return receipt requested, to the dealer and the dealer has failed to correct the breach within such period. (2) If the franchise, selling, or other contractual agreement is terminated as a result of any action by the manufacturer or dealer and the dealer is not in breach of such agreement, the manufacturer, distributor, or wholesaler shall repurchase the inventory as provided in this article. The dealer may keep the inventory if he or she desires. If the dealer has any outstanding debts to the manufacturer, distributor, or wholesaler, then the repurchase amount may be credited to the dealer's account.
(b) After notice by the marine dealer to the manufacturer by registered or certified mail or statutory overnight delivery, return receipt requested, within 30 days of the termination of the franchise, selling, or other contractual agreement, the manufacturer, distributor, or wholesaler shall repurchase that inventory previously purchased from him or her, including all new and unused marine products ofthe current or immediate prior model year and parts on hand and held by the dealer on the date of termination of the contract. The manufacturer, distributor, or wholesaler shall pay an amount equivalent to the wholesale value of a similar item in the National Automobile Dealers Association Marine Appraisal Guide, National Edition, plus reasonable actual freight cost, for any new, unused, undamaged, and complete marine vessel or other unit of marine products which is resalable and 100 percent of the price paid by the dealer for any new, unused, and undamaged repair parts and accessories which are listed in the manufacturer's current parts price list. The manufacturer, distributor, or wholesaler shall pay the dealer the reasonable actual cost of handling, packing, and loading returned repair parts. The manufacturer, distributor, or wholesaler shall have the option of performing the handling, packing, and loading in lieu of paying the sum imposed by this subsection for these services. (c) Upon payment within a reasonable time of the repurchase amount to the dealer, the title, if any, and right of possession to the repurchased inventory shall transfer to the manufacturer, distributor, or wholesaler, as the case may be. (d) The provisions of this article shall not require the repurchase from a dealer of:
(1) Any repair part which has a limited storage life or is otherwise subject to deterioration; (2) Any single repair part which is priced as a set of two or more items; (3) Any repair part which, because of its condition, is not resalable as a new part without repackaging or reconditioning;

____________GEORGIA LAWS 2001 SESSION__________781
(4) Any inventory for which the dealer is unable to furnish evidence that is reasonably satisfactory to the manufacturer, distributor, or wholesaler of good title, free and clear of all claims, liens, and encumbrances; (5) Any inventory which the dealer desires to keep, provided that the dealer has a contractual right to do so; (6) Any marine vessel or product which is not in new, unused, undamaged, and complete condition; (7) Any repair parts which are not in new, unused, and undamaged condition; (8) Any inventory which was ordered by the dealer on or after the date of receipt of the notification of termination of the franchise, selling, or other contractual agreement; or (9) Any inventory which was acquired by the dealer from any source other than the manufacturer, distributor, or wholesaler. (e) If any manufacturer, distributor, or wholesaler shall fail or refuse to repurchase any inventory as required by this article within 60 days after termination of a dealer's contract and submission by the dealer to the manufacturer, by certified mail or statutory overnight delivery, return receipt requested, of a final inventory of marine products and parts on hand, he or she shall be civilly liable not only for the amounts provided in subsection (b) of this Code section but also the dealer's reasonable attorney's fees, court costs, and interest on the amount due for such inventory computed at the legal interest rate from the sixty-first day after termination. (f) In the event of the death or incapacity of the dealer or the majority stockholder of a corporation operating as a dealer, the manufacturer, distributor, or wholesaler shall, at the option ofthe heirs at law ifthe dealer died intestate or the devisees or transferees under the terms of the deceased dealer's last will and testament if said dealer died testate, repurchase the inventory from said heirs or devisees as if the manufacturer, distributor, or wholesaler had terminated the contract, and the inventory repurchase provisions of this Code section shall apply. The heirs or devisees shall have one year from the date of the death of the retailer or majority stockholder to exercise their option under this article; provided, however, that nothing in this article shall require the repurchase of inventory if the heirs or devisees and the manufacturer, distributor, or wholesaler enter into a new franchise agreement to operate the retail dealership.
10-1-678. The provisions of this article shall apply to any contract now in effect which has no expiration date and is a continuing contract and any other contract entered into or renewed on or after July 1, 2001. Any contract in force and effect prior to July 1,2001, which by its own terms will terminate on a date subsequent thereto shall be governed by the law as it existed prior to July 1, 2001 .*

782______GENERAL ACTS AND RESOLUTIONS, VOL. I
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.
Approved April 26, 2001.
COMMERCE AND TRADE - RETAIL INSTALLMENT CONTRACTS OR REVOLVING ACCOUNTS; DELINQUENCY CHARGES.
Code Section 10-1-7 Amended.
No. 227 (Senate Bill No. 198).
AN ACT
To amend Article 1 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to retail installment and home solicitation sales, so as to provide for a change in delinquent charges for installment contract or revolving account payments that are not paid within ten days from the payment due date; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Article 1 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to retail installment and home solicitation sales, is amended by striking subsection (a) of Code Section 10-1-7, relating to providing for payment of delinquency charges and related matters, and inserting in its place the following:
"(a) A retail installment contract or a revolving account may provide for payment by the buyer of a delinquency charge on any installment which is not paid within ten days from the date the payment is due. The charge may not exceed $13.00. A delinquent charge shall not be collected more than once for the same default. A retail installment contract or a revolving account may provide for the payment of reasonable attorneys' fees, if referred for collection to an attorney not a salaried employee of the retail seller, and for the payment of court costs."
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.
Approved April 26, 2001.

_____________GEORGIA LAWS 2001 SESSION___________783
PUBLIC OFFICERS AND EMPLOYEES STATE AUDITOR; COMPENSATION.
Code Sections 45-7-4 and 50-6-20 Amended.
No. 228 (House Bill No. 298).
AN ACT
To amend Code Section 45-7-4 ofthe Official Code ofGeorgia Annotated, relating to compensation of certain state officials, and Article 2 of Chapter 6 of Title 50 of the Official Code of Georgia Annotated, relating to the state auditor, so as to provide that the compensation of the state auditor may be recommended by the Governor and shall be fixed by the Legislative Services Committee; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Code Section 45-7-4 of the Official Code of Georgia Annotated, relating to compensation of certain state officials, is amended by striking paragraph (6) of subsection (a) and inserting in its place a new paragraph to read as follows:
'(6) Reserved'.
SECTION 2. Article 2 of Chapter 6 of Title 50 of the Official Code of Georgia Annotated, relating to the state auditor, is amended by striking Code Section 50-6-20, relating to compensation of the state auditor, and inserting in its place a new Code Section to read as follows:
'50-6-20. The state auditor shall be paid a salary which may be recommended by the Governor and shall be fixed by the Legislative Services Committee created under Code Section 28-4-1 and shall also be reimbursed for all actual and necessary expenses incurred by the state auditor in carrying out his or her official duties. Until the first action ofthe Legislative Services Committee to fix the salary ofthe state auditor, the compensation of the state auditor shall continue unchanged. The state auditor shall devote his or her entire time to the performance of the duties of the office of state auditor and shall give bond, to be filed with and approved by the Comptroller General, in the sum of $10,000.00, payable to the Governor and the Governor's successors in office, conditioned that the state auditor shall truly and faithfully perform the duties of the office of state auditor and shall account for all public funds coming into the state auditor's hands or under the state auditor's control, the premium on which bond shall be paid by the state.*

784______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 April 26, 2001.
INSURANCE - CLAIMS AGAINST INSURERS; LIABILITY FOR BAD FAITH REFUSAL TO PAY; UNFAIR CLAIMS SETTLEMENT PRACTICES.
Code Section 33-4-6 Amended. Code Section 33-4-7 Enacted.
No. 229 (House Bill No. 478).
AN ACT
To amend Chapter 4 ofTitle 33 ofthe Official Code ofGeorgia Annotated, relating to claims against insurance companies, so as to change provisions relating to an insurer's liability for a bad faith refusal to pay for a loss covered by insurance; to provide for insurers' duties with respect to settlement of motor vehicle liability policy claims; to provide for a private cause of action for unfair claims settlement practices in certain circumstances and to provide for damages and procedures in connection therewith; to provide for the right and manner of recovery; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Chapter 4 of Title 33 of the Official Code of Georgia Annotated, relating to claims against insurance companies, is amended by striking Code Section 33-4-6, relating to the liability of an insurer for damages and attorney's fees, and inserting in lieu thereof new Code Sections 33-4-6 and 33-4-7 to read as follows:
'33-4-6. (a) In the event of a loss which is covered by a policy of insurance and the refusal of the insurer to pay the same within 60 days after a demand has been made by the holder of the policy and a finding has been made that such refusal was in bad faith, the insurer shall be liable to pay such holder, in addition to the loss, not more than 50 percent of the liability of the insurer for the loss or $5,000.00, whichever is greater, and all reasonable attorney's fees for the

____________GEORGIA LAWS 2001 SESSION__________785
prosecution of the action against the insurer. The action for bad faith shall not be abated by payment after the 60 day period nor shall the testimony or opinion of an expert witness be the sole basis for a summary judgment or directed verdict on the issue of bad faith. The amount of any reasonable attorney's fees shall be determined by the trial jury and shall be included in any judgment which is rendered in the action; provided, however, the attorney's fees shall be fixed on the basis of competent expert evidence as to the reasonable value of the services based on the time spent and legal and factual issues involved in accordance with prevailing fees in the locality where the action is pending; provided, further, the trial court shall have the discretion, if it finds the jury verdict fixing attorney's fees to be greatly excessive or inadequate, to review and amend the portion ofthe verdict fixing attorney's fees without the necessity of disapproving the entire verdict. The limitations contained in this Code section in reference to the amount of attorney's fees are not controlling as to the fees which may be agreed upon by the plaintiff and the plaintiffs attorney for the services of the attorney in the action against the insurer. (b) In any action brought pursuant to subsection (a) of this Code section, and within 20 days of bringing such action, the plaintiff shall, in addition to service ofprocess in accordance with Code Section 9-11-4, mail to the Commissioner of Insurance and the Consumers' Insurance Advocate a copy of the demand and complaint by first class mail. Failure to comply with this subsection may be cured by delivering same.
33-4-7.
(a) In the event of a loss because of injury to or destruction of property covered by a motor vehicle liability insurance policy, the insurer issuing such policy has an affirmative duty to adjust that loss fairly and promptly, to make a reasonable effort to investigate and evaluate the claim, and, where liability is reasonably clear, to make a good faith effort to settle with the claimant potentially entitled to recover against the insured under such policy. Any insurer who breaches this duty may be liable to pay the claimant, in addition to the loss, not more than 50 percent of the liability of the insured for the loss or $5,000.00, whichever is greater, and all reasonable attorney's fees for the prosecution of the action. (b) An insurer breaches the duty of subsection (a) of this Code section when, after investigation of the claim, liability has become reasonably clear and the insurer in bad faith offers less than the amount reasonably owed under all the circumstances of which the insurer is aware. (c) A claimant shall be entitled to recover under subsection (a) of this Code section if the claimant or the claimant's attorney has delivered to the insurer a demand letter, by statutory overnight delivery or certified mail, return receipt requested, offering to settle for an amount certain, the insurer has refused or declined to do so within 60 days of receipt of such demand, thereby compelling the claimant to institute or continue suit to recover, and the claimant ultimately recovers an amount equal to or in excess of the claimant's demand.

786______GENERAL ACTS AND RESOLUTIONS, VOL. I_______
(d) At the expiration of the 60 days set forth in subsection (c), the claimant may serve the insurer issuing such policy by service of the complaint in accordance with law. The insurer shall be an unnamed party, not disclosed to the jury, until there has been a verdict resulting in recovery equal to or in excess of the claimant's demand. If that occurs, the trial shall be recommenced in order for the trier of fact to receive evidence to make a determination as to whether bad faith existed in the handling or adjustment of the attempted settlement of the claim or action in question. (e) The action for bad faith shall not be abated by payment after the 60 day period nor shall the testimony or opinion of an expert witness be the sole basis for a summary judgment or directed verdict on the issue of bad faith. (f) The amount of recovery, including reasonable attorney's fees, if any, shall be determined by the trier of fact and included in a separate judgment against the insurer rendered in the action; provided, however, the attorney's fees shall be fixed on the basis of competent expert evidence as to the reasonable value of the services based on the time spent and legal and factual issues involved in accordance with prevailing fees in the locality where the action is pending; provided, further, the trial court shall have the discretion, if it finds the jury verdict fixing attorney's fees to be greatly excessive or inadequate, to review and amend the portion of the verdict fixing attorney's fees without the necessity of disapproving the entire verdict. The limitations contained in this Code section in reference to the amount of attorney's fees are not controlling as to the fees which may be agreed upon by the plaintiff and his or her attorney for the services of the attorney. (g) In any action brought pursuant to subsection (b) of this Code section, and within 20 days of bringing such action, the plaintiff shall, in addition to service of process in accordance with Code Section 9-11 -4, mail to the Commissioner of Insurance and the Consumers' Insurance Advocate a copy of the demand and complaint by first class mail. Failure to comply with this subsection may be cured by delivering same.'
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.
Approved April 26, 2001.

____________GEORGIA LAWS 2001 SESSION__________787
PROFESSIONS AND BUSINESSES - DENTAL HYGIENISTS; DENTAL SCREENINGS.
Code Section 43-11-74 Amended.
No. 242 (House Bill No. 223).
AN ACT
To amend Code Section 43-11-74 of the Official Code of Georgia Annotated, relating to direct supervision of dental hygienists, so as to authorize them to perform dental screenings without such supervision under certain conditions; to provide for information and fees; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Code Section 43-11 -74 ofthe Official Code ofGeorgia Annotated, relating to direct supervision of dental hygienists, is amended by adding at the end a new subsection to read as follows:
*(e)(l) As used in this subsection, the term 'dental screening' means a visual assessment of the oral cavity without the use of X-rays, laboratory tests, or diagnostic models to determine if it appears that a more thorough examination and diagnosis should be conducted by a dentist. (2) The requirement of direct supervision shall not apply to the performance of dental hygienists providing dental screenings in settings which include schools, hospitals, clinics, state, county, local and federal public health programs. Other health fair settings must be pre-approved by the board. (3) Each person who receives a dental screening pursuant to this subsection, or the parent or legal guardian if the person is a minor, must be informed in writing ofthe purpose and limitations ofa dental screening and advised to seek a more thorough examination by a dentist to determine whether or not problems exist that might not be discovered in a screening. There shall be no fees charged for providing a dental screening pursuant to this subsection except for dental screenings provided by employees of the Department of Human Resources or county boards of health. These fees must be paid directly to that department or county board of health and not to the individual who performs the dental screening."
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.
Approved April 27, 2001.

788_______GENERAL ACTS AND RESOLUTIONS, VOL. I_______
PROFESSIONS AND BUSINESSES - PHYSICIAN'S ASSISTANTS.
Code Section 43-34-103 Amended.
No. 243 (House Bill No. 383).
AN ACT
To amend Code Section 43-34-103 of the Official Code of Georgia Annotated, relating to application and number of physician's assistants, so as to change the number of physician's assistants who may be licensed to a physician; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Code Section 43-34-103 of the Official Code of Georgia Annotated, relating to application and number ofphysician's assistants, is amended by striking subsection (b) thereof and inserting in its place the following:
"(b)(l) No physician shall have more than four physician's assistants licensed to him or her at any one time; provided, however, that no physician may supervise more than two physician's assistants at any one time except as provided in paragraph (2) of this subsection. (2) A physician may supervise more than two physician's assistants while on call for a solo practitioner or as a member of a group practice setting including but not limited to clinics, hospitals, and other institutions. The physician taking call must be approved to supervise the physician's assistant of the physician for whom he or she is taking call.'
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.
Approved April 27, 2001.

____________GEORGIA LAWS 2001 SESSION__________789
LOCAL GOVERNMENT - COUNTIES; GOVERNING AUTHORITIES; COMPENSATION OF MEMBERS.
Code Section 36-5-24 Amended.
No. 245 (House Bill No. 399).
AN ACT
To amend Article 2 of Chapter 5 of Title 36 of the Official Code of Georgia Annotated, relating to county governing authorities, so as to provide a procedure for establishing compensation for members of county governing authorities and elected chief executive officers; to provide for definitions, conditions, and notice; to provide that compensation in effect on January 1, 2001, shall remain in effect until increased; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Article 2 of Chapter 5 of Title 36 of the Official Code of Georgia Annotated, relating to county governing authorities, is amended by striking Code Section 36-5-24, which is reserved, and inserting in its place a new Code Section 36-5-24 to read as follows:
'36-5-24. (a) As used in this Code section, the term:
(1) 'County governing authority' means a governing authority as defined in paragraph (7) of Code Section 1-3-3 and an elected county chief executive officer. (2) 'Expenses in the nature of compensation' means any expense allowance or any form of payment or reimbursement of expenses other than reimbursement for expenses actually and necessarily incurred by members of a county governing authority. (b) Unless otherwise provided by local law, the governing authority of each county is authorized to fix the salary, compensation, expenses, and expenses in the nature of compensation of the members of the governing authority subject to the following conditions: (1) Any increase in salary, compensation, expenses, or expenses in the nature of compensation for members of a county governing authority shall not be effective until the first day of January of the year following the next general election held after the date on which the action to increase the compensation was taken; (2) A county governing authority shall take no action to increase salary, compensation, expenses, or expenses in the nature ofcompensation until notice of intent to take such action and the fiscal impact of such action has been

790______GENERAL ACTS AND RESOLUTIONS, VOL. I_________
published in a newspaper designated as the legal organ for the county at least once a week for three consecutive weeks immediately preceding the meeting at which the action is taken; and (3) Such action shall not be taken during the period oftime beginning with the date that candidates for election as members of the county governing authority may first qualify as such candidates and ending with the first day of January following the date of qualification. (c) Salary, compensation, expenses, and expenses in the nature of compensation paid to members of a county governing authority in accordance with applicable local or general salary laws in effect on January 1, 2001, and as subsequently amended, shall continue in full force and effect as compensation for such county officials unless such compensation is increased pursuant to subsection (b) of this Code section; and this Code section shall not affect the power of the General Assembly at any time by local or general law to increase or decrease any or all ofsuch compensation or by local law to withdraw the authority otherwise granted to a county governing authority under this Code section.'
SECTION 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.
Approved April 27, 2001.
SOCIAL SERVICES - TEMPORARY ASSISTANCE FOR NEEDY FAMILIES; QUALIFIED ALIENS.
Code Section 49-4-188 Amended.
No. 246 (House Bill No. 593).
AN ACT
To amend Article 9 of Chapter 4 of Title 49 of the Official Code of Georgia Annotated, known as the "Temporary Assistance for Needy Families Act," so as to change the provision relating to eligibility for assistance for qualified aliens; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

____________GEORGIA LAWS 2001 SESSION__________791
SECTION 1. Article 9 ofChapter 4 ofTitle 49 ofthe Official Code ofGeorgia Annotated, known as the "Temporary Assistance for Needy Families Act," is amended by striking subsection (b) of Code Section 49-4-188, relating to eligibility for assistance for qualified aliens, and inserting in lieu thereof the following:
*(b) Qualified aliens will be eligible for assistance under the Georgia TANF Program upon meeting the same qualifications and conditions as other applicants."
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.
Approved April 27, 2001.
PROFESSIONS AND BUSINESSES -ACUPUNCTURISTS.
Code Section 43-34-64 Amended.
No. 247 (Senate Bill No. 75).
AN ACT
To amend Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, so as to delete a certain provision requiring applicants for acupuncture licensure to pass certain written and practical tests; to provide for issuance of temporary licenses; 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 subsection (b) of Code Section 43-34-64 in its entirety and inserting in lieu thereof the following:
"(b) An applicant for a license to practice acupuncture who does not meet the requirement ofparagraph (4) of subsection (a) ofthis Code section but who does meet the requirements of paragraphs (1), (2), (3), (5), and (6) of subsection (a) of this Code section and who, in addition, has a minimum of 1,000 hours of training and experience in acupuncture and has registered a business in this state, with the expressed purpose of performing acupuncture, for at least three of the last five years; or has a minimum of 2,500 hours of training and experience in acupuncture and has registered a business in this state, with the expressed purpose of performing acupuncture, for at least one ofthe last five years may also

792______GENERAL ACTS AND RESOLUTIONS, VOL. I______
be eligible for a license to practice acupuncture. An applicant who meets the requirements of this subsection may be issued a temporary license by the board, which license shall have the same force and effect as a permanent license and which shall be valid until the applicant takes an examination administered by a national certification agency accredited by the National Organization of Competency Assurance pursuant to a contract entered into by the appropriate state agency as provided by the board and the board is notified of the results of that examination, at which time the temporary license shall become void. This subsection shall be automatically repealed on July 15, 2002.'
SECTION 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.
Approved April 27, 2001.
STATE GOVERNMENT - PURCHASING; BIDS AND PROPOSALS; REVERSE AUCTIONS; NONCOMPETIT1VE PURCHASES.
Code Sections 50-5-67 and 50-5-69 Amended.
No. 248 (Senate Bill No. 111).
AN ACT
To amend Article 3 of Chapter 5 of Title 50 of the Official Code of Georgia Annotated, relating to state purchasing, so as to increase the amount for contracts which are required to be awarded by sealed bidding; to authorize temporarily the Department of Administrative Services to use reverse auctions as an alternative to sealed bidding; to authorize the use of electronic means for the state to receive bids and proposals; to increase the dollar limit for noncompetitive purchases from $2,500.00 to $5,000.00; 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 50 of the Official Code of Georgia Annotated, relating to state purchasing, is amended by striking in its entirety Code Section 50-5-67, relating to competitive bidding procedure, and inserting in lieu thereofthe following:

____________GEORGIA LAWS 2001 SESSION__________793
"50-5-67.
(a) Except as otherwise provided in this Code section, contracts exceeding $100,000.00 shall be awarded by competitive sealed bidding. If the total requirement of any given commodity will involve an expenditure in excess of $250,000.00, sealed bids shall be solicited by advertisement in the Georgia Procurement Registry established under subsection (b) of Code Section 50-5-69 and in addition may be solicited by advertisement in a newspaper of state-wide circulation at least once and at least 15 calendar days, except for construction projects which shall have 30 calendar days allowed, prior to the date fixed for opening of the bids and awarding of the contract. Other methods of advertisement, however, may be adopted by the Department of Administrative Services when such other methods are deemed more advantageous for the particular item to be purchased. In any event, it shall be the duty of the Department of Administrative Services to solicit sealed bids from reputable owners of supplies in all cases where the total requirement will exceed $ 100,000.00. When it appears that the use ofcompetitive sealed bidding is either not practicable or not advantageous to the state, a contract may be entered into by competitive sealed proposals, subject to the following conditions:
(1) This method of solicitation shall only be used after a written determination by the Department of Administrative Services that the use of competitive sealed bidding is not practicable or is not advantageous to the state; (2) Proposals shall be solicited through a request for proposals; (3) Adequate public notice of the request for proposals shall be given in the same manner as provided for competitive sealed bidding; (4) A register of proposals shall be prepared and made available for public inspection; (5) The request for proposals shall state the relative importance of price and other evaluation factors; (6) As provided in the request for proposals and under regulations to be developed by the Department of Administrative Services, discussions may be conducted with reasonable offerors who submit proposals determined to be reasonably susceptible of being selected for award, for the purpose of clarification to assure full understanding of and responsiveness to the solicitation requirements. Offerors shall be accorded fair and equal treatment with respect to any opportunity for discussion and revision of proposals; and such revisions may be permitted after submissions and prior to award for the purpose of obtaining best and final offers. In conducting discussions there shall be no disclosure of any information derived from proposals submitted by competing offerors; and (7) The award shall be made to the responsible offerer whose proposal is determined in writing to be the most advantageous to the state, taking into consideration price and the evaluation factors set forth in the request for proposals. No other factors or criteria shall be used in the evaluation. The contract file shall contain the basis on which the award is made.

794______GENERAL ACTS AND RESOLUTIONS, VOL. I________
(b) Except as otherwise provided for in this part, all contracts for the purchases of supplies, materials, or equipment made under this part shall, wherever possible, be based upon competitive bids and shall be awarded to the lowest responsible bidder, taking into consideration the quality of the articles to be supplied and conformity with the standard specifications which have been established and prescribed, the purposes for which the articles are required, the discount allowed for prompt payment, the transportation charges, and the date or dates of delivery specified in the bid. Competitive bids on such contracts shall be received in accordance with rules and regulations to be adopted by the commissioner of administrative services, which rules and regulations shall prescribe, among other things, the manner, time, and places for proper advertisement for the bids, indicating the time and place when the bids will be received; the article for which the bid shall be submitted and the standard specification prescribed for the article; the amount or number of the articles desired and for which the bids are to be made; and the amount, if any, of bonds or certified checks to accompany the bids. Any and all bids so received may be rejected. (c) When bids received pursuant to this part are unreasonable or unacceptable as to terms and conditions, are noncompetitive, or the low bid exceeds available funds and it is determined in writing by the Department of Administrative Services that time or other circumstances will not permit the delay required to resolicit competitive bids, a contract may be negotiated pursuant to this Code section, provided that each responsible bidder who submitted such a bid under the original solicitation is notified of the determination and is given a reasonable opportunity to negotiate. In cases where the bids received are noncompetitive or the low bid exceeds available funds, the negotiated price shall be lower than the lowest rejected bid of any responsible bidder under the original solicitation. (d) Every bid conforming to the terms of the advertisement provided for in this Code section, together with the name of the bidder, shall be recorded, and all such records with the name of the successful bidder indicated thereon shall, after award or letting of the contract, be subject to public inspection upon request. The Department of Administrative Services shall also, within five days after the award or letting of the contract, publish the name of the successful bidder on public display in a conspicuous place in the department's office so that it may be easily seen by the public. The public notice on public display shall also show the price or the amount for which the contract was let and the commodities covered by the contract. The Department of Administrative Services shall also, within five days after the award or letting of the contract, publish on public display the names of all persons whose bids were rejected by it, together with a statement giving the reasons for such rejection. Bids shall be opened in public by the Department of Administrative Services, which shall canvass the bids and award the contract according to the terms of this part. A proper bond for the faithful performance of any contract shall be required of the successful bidder in the discretion ofthe Department ofAdministrative Services. After the contracts have been awarded, the Department of Administrative Services shall certify to the

____________GEORGIA LAWS 2001 SESSION__________795
various departments, institutions, and agencies of the state government the sources of the supplies and the contract price of the various supplies, materials, and equipment so contracted for. (e) On all bids or proposals received or solicited by the Department of Administrative Services, by any department, agency, board, or bureau of the state, or by any person in behalf of any department, agency, board, or bureau of the state, except in cases provided for in Code Section 50-5-58, the following certificate of independent price determination shall be used:
'I certify that this bid is made without prior understanding, agreement, or connection with any corporation, firm, or person submitting a bid for the same materials, supplies, or equipment and is in all respects fair and without collusion or fraud. I understand collusive bidding is a violation of state and federal law and can result in fines, prison sentences, and civil damage awards. 1 agree to abide by all conditions of this bid and certify that I am authorized to sign this bid for the bidder.' (f) Notwithstanding any other provision of this article, the commissioner of administrative services is authorized to promulgate rules and regulations to govern auctions conducted by state agencies in which vendors' prices are made public during the bidding process to enable the state agency or agencies to seek a lower price. This auction bidding process will continue until the lowest price is obtained within the auction's time limit. This auction bidding process shall not be used to procure construction services or for any contract for goods or services valued at less than $100,000.00. This subsection shall stand repealed in its entirety on July 1, 2003. (g) Any reference in this article to sealed bids or sealed proposals shall not preclude the Department of Administrative Services from receiving bids and proposals by way of the Internet or other electronic means or authorizing state agencies from receiving bids and proposals by way of the Internet or other electronic means; provided, however, any bids or proposals received by any state agency by way of any electronic means must comply with security standards established by the Georgia Technology Authority."
SECTION 2. Said article is further amended by striking in its entirety Code Section 50-5-69, relating to purchases without competitive bidding, and inserting in lieu thereof the following:
'50-5-69.
(a) If the needed supplies, materials, or equipment can reasonably be expected to be acquired for less than $5,000.00 and is not available on state contracts or through statutorily required sources, the purchase may be effectuated without competitive bidding. The commissioner of administrative services may by rule and regulation authorize the various state departments, agencies, and instrumentalities to make purchases in their behalf which do not exceed $100,000.00 and may provide the circumstances and conditions under which such purchases may be effected.

796______GENERAL ACTS AND RESOLUTIONS, VOL. I_______
(b) The department shall establish a central bid registry to advertise the various procurement and bid opportunities of state government. Such central bid registry shall be entitled the Georgia Procurement Registry and shall operate in accordance with appropriate rules and regulations applicable to the department's responsibility to manage the state's procurement system. It shall be the responsibility of each agency, department, board, commission, authority, and council to report to the department its bid opportunities in a manner prescribed by the Department of Administrative Services. The commissioner of administrative services is authorized and directed to promulgate rules and regulations to carry out this responsibility and shall determine the most economical method to conduct public notification of such bid opportunities. (c) The Department of Administrative Services is authorized to permit departments, institutions, and agencies of state government to utilize a procurement card that will electronically pay and monitor payments by state institutions pursuant to subsection (a) ofthis Code section subject to approval of the State Depository Board pursuant to the State Depository Board's authority to prescribe cash management policies and procedures for state agencies under Code Section 50-17-51. All purchases made through procurement card shall be included on a monthly summary report to be prepared by each state department, institution, and agency in a form to be approved by the Department of Administrative Services. (d) The commissioner of administrative services shall promulgate rules and regulations necessary to carry out the intent of this Code section. (e) Nothing in this Code section shall apply to or affect the laws, rules, and regulations governing emergency purchases.'
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.
Approved April 27, 2001.
CORPORATIONS, PARTNERSHIPS, AND ASSOCIATIONS - DEPOSITS OF CERTAIN ASSETS WITH OFFICE OF TREASURY AND FISCAL SERVICES.
Code Title 14 Amended.
No. 249 (Senate Bill No. 112).
AN ACT
To amend Title 14 of the Official Code of Georgia Annotated, relating to corporations, partnerships, and associations, so as to refer to the Office of Treasury

____________GEORGIA LAWS 2001 SESSION__________797
and Fiscal Services in lieu of the Department of Administrative Services in certain instances; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Title 14 of the Official Code of Georgia Annotated, relating to corporations, partnerships, and associations, is amended by striking in its entirety subsection (a) of Code Section 14-2-1408, relating to articles of dissolution with regard to business corporations, and inserting in lieu thereof the following:
'(a) If a notice of intent to dissolve under Code Section 14-2-1403 has not been revoked, when all known debts, liabilities, and obligations of the corporation have been paid and discharged, or adequate provision made therefor, the corporation may dissolve by delivering to the Secretary of State for filing articles of dissolution setting forth:
(1) The name of the corporation; (2) The date on which a notice of intent to dissolve was filed and a statement that it has not been revoked; (3) A statement that all known debts, liabilities, and obligations of the corporation have been paid and discharged, or that adequate provision has been made therefor; (4) A statement that all remaining property and assets of the corporation have been distributed among its shareholders in accordance with their respective rights and interests, or that adequate provision has been made therefor, or that such property and assets have been deposited with the Office of Treasury and Fiscal Services as provided in Code Section 14-2-1440; and (5) A statement that there are no actions pending against the corporation in any court, or that adequate provision has been made for the satisfaction of any judgment, order, or decree which may be entered against it in any pending action.'
SECTION 2. Said title is further amended by striking in its entirety subsection (c) of Code Section 14-2-1433, relating to a decree of dissolution with regard to business corporations, and inserting in lieu thereof the following:
"(c) When the costs and expenses of dissolution proceedings and all debts, obligations, and liabilities of the corporation have been paid and discharged or provided for and all of its remaining assets distributed to its shareholders or provided for or such assets have been deposited with the Office of Treasury and Fiscal Services as provided in Code Section 14-2-1440, the court shall enter a decree of dissolution, and upon filing of the decree with the Secretary of State, it shall have the same effect as articles of dissolution.'

798______GENERAL ACTS AND RESOLUTIONS, VOL. I_______
SECTION 3. Said title is further amended by striking in its entirety Code Section 14-2-1440, relating to deposit of assets with the Department of Administrative Services with regard to business corporations, and inserting in lieu thereof the following:
'14-2-1440.
Assets of a dissolved corporation that should be transferred to a creditor, claimant, or shareholder of the corporation who cannot be found or who is not competent to receive them shall be reduced to cash and deposited with the Office of Treasury and Fiscal Services for safekeeping. When the creditor, claimant, or shareholder furnishes satisfactory proof of entitlement to the amount deposited, the Office of Treasury and Fiscal Services shall pay him or her or his or her representative that amount. After the Office of Treasury and Fiscal Services has held the unclaimed cash for six months, the Office of Treasury and Fiscal Services shall pay such cash to the Board of Regents of the University System of Georgia, to be held without liability for profit or interest until a claim for such cash shall be filed with the Office of Treasury and Fiscal Services by the parties entitled thereto. No such claim shall be made more than six years after such cash is deposited with the Office of Treasury and Fiscal Services."
SECTION 4. Said title is further amended by striking subsection (a) of Code Section 14-3-1409, relating to articles of dissolution with regard to nonprofit corporations, and inserting in lieu thereof the following:
'(a) If a notice of intent to dissolve under Code Section 14-3-1404 has not been revoked, when all known debts, liabilities, and obligations of the corporation have been paid and discharged, or adequate provision made therefor, the corporation may dissolve by delivering to the Secretary of State for filing articles of dissolution setting forth:
(1) The name of the corporation; (2) The date on which a notice of intent to dissolve was filed and a statement that it has not been revoked; (3) A statement that all known debts, liabilities, and obligations of the corporation have been paid and discharged, or that adequate provision has been made therefor; (4) A statement that all remaining property and assets of the corporation have been distributed in accordance with the plan of dissolution, or that such property and assets have been deposited with the Office of Treasury and Fiscal Services as provided in Code Section 14-3-1440; (5) A statement that there are no actions pending against the corporation in any court, or that adequate provision has been made for the satisfaction of any judgment, order, or decree which may be entered against it in any pending action; and (6) A statement that, if required, it notified the Attorney General of its intent to dissolve.'

____________GEORGIA LAWS 2001 SESSION__________799
SECTION 5. Said title is further amended by striking in its entirety subsection (c) of Code Section 14-3-1433, relating to a decree of dissolution with regard to nonprofit corporations, and inserting in lieu thereof the following:
"(c) When the costs and expenses of dissolution proceedings and all debts, obligations, and liabilities of the corporation have been paid and discharged or provided for and all of its remaining assets distributed to its members or provided for or such assets have been deposited with the Office of Treasury and Fiscal Services as provided in Code Section 14-3-1440, the court shall enter a decree of dissolution, and upon filing of the decree with the Secretary of State, it shall have the same effect as articles of dissolution.'
SECTION 6. Said title is further amended by striking Code Section 14-3-1440, relating to the deposit of assets with the Department of Administrative Services with regard to nonprofit corporations, and inserting in lieu thereof the following:
"14-3-1440. Assets of a dissolved corporation that should be transferred to a creditor, claimant, or member of the corporation who cannot be found or who is not competent to receive them shall be reduced to cash and deposited with the Office of Treasury and Fiscal Services for safekeeping. When the creditor, claimant, or member furnishes satisfactory proof of entitlement to the amount deposited, the Office of Treasury and Fiscal Services shall pay him or her or his or her representative that amount. After the Office of Treasury and Fiscal Services has held the unclaimed cash for six months, the Office of Treasury and Fiscal Services shall pay such cash to the Board of Regents of the University System of Georgia, to be held without liability for profit or interest until a claim for such cash shall be filed with the Office of Treasury and Fiscal Services by the parties entitled thereto. No such claim shall be made more than six years after such cash is deposited with the Office of Treasury and Fiscal Services.*
SECTION 7. All laws and parts of laws in conflict with this Act are repealed.
Approved April 27, 2001.

800______GENERAL ACTS AND RESOLUTIONS, VOL. I________
STATE GOVERNMENT - PRINTING AND DOCUMENTS.
Code Title 50, Chapter 18, Article 3 Repealed.
No. 250 (Senate Bill No. 114).
AN ACT
To amend Chapter 18 of Title 50 of the Official Code of Georgia Annotated, relating to state printing and documents, so as to repeal "The Georgia Government Documents Act," to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Chapter 18 of Title 50 of the Official Code of Georgia Annotated, relating to state printing and documents, is amended by striking and reserving Article 3 thereof, "The Georgia Government Documents Act."
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.
Approved April 27, 2001.
LABOR AND INDUSTRIAL RELATIONS DRUG-FREE WORKPLACE PROGRAMS.
Code Title 34, Chapter 9, Article 11 Amended.
No. 251 (Senate Bill No. 186).
AN ACT
To amend Article 11 of Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to drug-free workplace programs, so as to recognize on-site testing at the employer's worksite as qualified testing; to reduce the number of hours of employee and supervisor training required after the first year of certification; to change the definition of a certain term; to change the provisions relating to the insurance premium discount; to change the provisions relating to the elements of a drug-free workplace program; to change the provisions relating to conduct of testing, types of tests, and procedures; to change the provisions relating to Employee Assistance Programs; to change the provisions relating to an employer's program on substance abuse; to change the provisions relating to

____________GEORGIA LAWS 2001 SESSION__________801
supervisor training on substance abuse; 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 11 of Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to drug-free workplace programs, is amended by striking in its entirety paragraph (6) of Code Section 34-9-411, relating to definitions applicable to said article, and inserting in lieu thereof a new paragraph (6) to read as follows:
*(6)(A) 'Employee Assistance Program' means a worksite focused program designed to assist:
(i) Employer work organizations in addressing employee productivity issues; and (ii) Employee clients in the identification and resolution of job performance problems associated with employees impaired by personal concerns, including, but not limited to, health, marital, family, financial, alcohol, drug, legal, emotional, stress or other personal issues that may affect job performance. (B) A minimum level of core services must include consultation and training and assistance to work organization leadership in policy development, organizational development, and critical incident management; professional, confidential, appropriate, and timely problem assessment services; constructive intervention and short-term problem resolution; referrals for appropriate diagnosis, treatment, and assistance; follow-up, monitoring, and case management with providers and insurers; employee education and supervisory training; and quality assurance. (C) An optimum level of core services must include, in addition to the minimum level core services, the designation of an individual who shall be responsible to administer the employer's Employee Assistance Program and to certify that the employer work organization's drug-free workplace program contains all elements of the drug-free workplace program required by Code Section 34-9-413 and that such program satisfies the annual certification requirements of Code Section 34-9-421; provided, however, that such individual shall have training and experience with Employee Assistance Programs in accordance with rules and regulations prescribed by the State Board of Workers' Compensation.'
SECTION 2. Said article is further amended by striking in its entirety Code Section 34-9-412, relating to the insurance premium discount, and inserting in lieu thereof a new Code Section 34-9-412 to read as follows:
"34-9-412. If an employer work organization implements a drug-free workplace program substantially in accordance with subsections (a) and (b) of Code Section

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34-9-413, the employer work organization shall qualify for certification for a premium discount under such employer's workers' compensation insurance policy as provided in Code Section 33-9-40.2."
SECTION 3.
Said article is further amended by adding at the end of Code Section 34-9-413, relating to elements of a drug-free workplace program, a new subsection (c) to read as follows:
'(c) A drug-free workplace program may offer and include the optimum level core services as described in subparagraph (C) of paragraph (6) of Code Section 34-9-11.'
SECTION 4. Said article is further amended by striking in its entirety subsection (b) of Code Section 34-9-415, relating to conduct of testing, types of test, and procedures, and inserting in lieu thereof a new subsection (b) to read as follows:
'(b) An employer is required to conduct the following types of tests in order to qualify for the workers' compensation insurance premium discounts provided under Code Section 34-9-12 and Code Section 33-9-40.2.
(1) An employer must require job applicants to submit to a substance abuse test after extending an offer of employment. Testing at the employer worksite with on-site testing kits that satisfy testing criteria in this article shall be deemed suitable and acceptable postoffer testing. Limited testing of job applicants by an employer shall qualify under this paragraph if such testing is conducted on the basis of reasonable classifications ofjob positions; (2) An employer must require an employee to submit to reasonable suspicion testing; (3) An employer must require an employee to submit to a substance abuse test if the test is conducted as part of a routinely scheduled employee fitness-for-duty medical examination that is part of the employer's established policy or that is scheduled routinely for all members of an employment classification or group; (4) If the employee in the course of employment enters an Employee Assistance Program or a rehabilitation program as the result of a positive test, the employer must require the employee to submit to a substance abuse test as a follow-up to such program. However, if an employee voluntarily entered the program, follow-up testing is not required. If follow-up testing is conducted, the frequency of such testing shall be at least once a year for a two-year period after completion of the program and advance notice of the testing date shall not be given to the employee; and (5) If the employee has caused or contributed to an on the job injury which resulted in a loss of worktime, the employer must require the employee to submit to a substance abuse test.*

____________GEORGIA LAWS 2001 SESSION__________803
SECTION 5. Said article is further amended by striking in their entirety paragraphs (8) and (9) of subsection (d) of Code Section 34-9-415, relating to conduct of testing, types of tests, and procedures, and inserting in lieu thereof new paragraphs (8) and (9) to read as follows:
"(8) An initial test having a positive result must be confirmed by a confirmation test conducted in a laboratory in accordance with the requirements of this article; (9) An employer who performs drug testing or specimen collection shall use chain of custody procedures to ensure proper record keeping, handling, labeling, and identification of all specimens to be tested. This requirement shall apply to all specimens, including specimens collected using on-site testing kits;".
SECTION 6. Said article is further amended by striking in its entirety subsection (b) of Code Section 34-9-416, relating to Employee Assistance Programs, and inserting in lieu thereof a new subsection (b) to read as follows:
"(b) If an employer does not have an Employee Assistance Program, the employer must maintain a resource file of providers of other employee assistance including drug and alcohol abuse programs, mental health providers, and other persons, entities, or organizations available to assist employees with personal or behavioral problems and must notify the employee in writing of the availability of this resource file. In addition, the employer shall post in a conspicuous place a current listing of providers of employee assistance in the area. Such listing of available providers shall be reviewed and updated by the employer during the month of July of each year at which time the employer shall, when necessary, correct and revise information on all providers listed. Employers shall take reasonable care to identify appropriate providers and supply accurate telephone and address information on the posted listing of providers at all times."
SECTION 7. Said article is further amended by striking in its entirety Code Section 34-9-417, relating to employer's education program on substance abuse, and inserting in lieu thereof a new Code Section 34-9-417 to read as follows:
34-9-417.
(a) During the initial year of certification as provided in Code Section 34-9-412.1, an employer must provide all employees with a semiannual education program on substance abuse, in general, and its effects on the workplace, specifically. During the initial year, the first hour of the education program must include but is not limited to the following information:
(1) The explanation of the disease model of addiction for alcohol and drugs; (2) The effects and dangers of the commonly abused substances in the workplace; and

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(3) The company's policies and procedures regarding substance abuse in the workplace and how employees who wish to obtain substance abuse treatment can do so. (b) During the second and any consecutive subsequent years of certification, an employer must provide all employees with an annual education program."
SECTION 8. Said article is further amended by striking in its entirety Code Section 34-9-418, relating to supervisor training on substance abuse, and inserting in lieu thereof a new Code Section 34-9-418 to read as follows:
'34-9-418. (a) During the initial year of certification as provided in Code Section 34-9-412.1 and in addition to the education program provided in Code Section 34-9-417, an employer must provide all supervisory personnel with a minimum of two hours of supervisor training, which must include but is not limited to the following information:
(1) How to recognize signs of employee substance abuse; (2) How to document and corroborate signs of employee substance abuse; and (3) How to refer substance abusing employees to the proper treatment providers. (b) During the second and any consecutive subsequent years of certification, an employer must provide all supervisory personnel with a minimum of one hour of such supervisory training.*
SECTION 9. All laws and parts of laws in conflict with this Act are repealed.
Approved April 27, 2001.
STATE GOVERNMENT- INFORMATION TECHNOLOGY; GEOGRAPHIC INFORMATION SYSTEMS.
Code Section 50-29-2 Enacted.
No. 252 (Senate Bill No. 230).
AN ACT
To amend Chapter 29 of Title 50 of the Official Code of Georgia Annotated, relating to information technology, so as to provide that public agencies that maintain geographic information systems shall be authorized to contract for the provision of such services; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.

____________GEORGIA LAWS 2001 SESSION__________805
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Chapter 29 of Title 50 of the Official Code of Georgia Annotated, relating to information technology, is amended by striking Code Section 50-29-2, which is currently reserved, and inserting in its place a new Code Section 50-29-2 to read as follows:
"50-29-2. (a) Notwithstanding subsection (f) of Code Section 50-18-71 or Code Section 50-18-71.2, a county or municipality of the State of Georgia, a regional development center, or a local authority created by local or general law that has created or maintains a geographic information system in electronic form may contract to distribute, sell, provide access to, or otherwise market records or information maintained in such system and may license or establish fees for providing such records or information or providing access to such system. (b) Any fees or license fees established pursuant to subsection (a) of this Code section shall be based upon the recovery of the actual development cost of creating or providing the geographic information system and upon the recovery of a reasonable portion of the costs associated with building and maintaining the geographic information system. The fees may include cost to the county, municipality, regional development center, or local authority of time, equipment, and personnel in the creation, purchase, development, production, or update of the geographic information system. (c) Any contract authorized by subsection (a) of this Code section shall include provisions that:
(1) Protect the security and integrity of the system; (2) Limit the liability of the county, municipality, regional development center, or local authority for providing the services and products; (3) Restrict the duplication and resale of the services and products provided; and (4) Ensure that the public is fairly and reasonably compensated for the records or information or access provided. (d) A county, municipality, a regional development center, or local authority may contract with a private person or corporation to provide the geographic information system records or information or access to the system to members of the public as authorized by this Code section."
SECTION 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.
Approved April 27, 2001.

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HEALTH -NURSING HOME EMPLOYEE RECORDS CHECKS.
Code Sections 31 -7-350 and 31 -7-351 Amended. Code Section 31-7-353 Enacted.
No. 255 (House Bill No. 263).
AN ACT
To amend Article 14 of Chapter 7 of Title 31 of the Official Code of Georgia Annotated, relating to nursing homes employee records checks, so as to change certain definitions; to define additional terms; to change the provisions relating to request for a criminal record check with respect to an applicant for employment in a nursing home; to provide that a nursing home shall make a written determination for each applicant for whom a criminal record check is performed; to provide that a nursing home shall not employ a person with an unsatisfactory determination; to provide that a nursing home that hires an applicant for employment with a criminal record shall be subject to civil penalties; to provide for the amount of civil penalties and conditions for the assessment of such penalties; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Article 14 of Chapter 7 of Title 31 of the Official Code of Georgia Annotated, relating to nursing homes employee records checks, is amended by striking in its entirety Code Section 31 -7-350, relating to definitions applicable under said article, and inserting in lieu thereof a new Code Section 31-7-350 to read as follows:
'31-7-350. As used in this article, the term:
(1) 'Conviction' means a finding or verdict of guilty or a plea of guilty regardless of whether an appeal of the conviction has been sought. (2) 'Crime' means commission of an offense which constitutes a felony with respect to the following:
(A) A violation of Code Section 16-5-21, relating to aggravated assault; (B) A violation of Code Section 16-5-24, relating to aggravated battery; (C) A violation of Code Section 16-6-1, relating to rape; (D) A violation of Code Section 16-8-2, relating to theft by taking; (E) A violation of Code Section 16-8-3, relating to theft by deception; (F) A violation of Code Section 16-8-4, relating to theft by conversion; (G) A violation of Code Section 16-5-1, relating to murder and felony murder; (H) A violation of Code Section 16-4-1, relating to criminal attempt as it concerns attempted murder; (I) A violation of Code Section 16-8-40, relating to robbery;

____________GEORGIA LAWS 2001 SESSION__________807
(J) A violation of Code Section 16-8-41, relating to armed robbery; (K.) A violation of Code Section 16-9-1, relating to forgery in the first degree; a violation ofCode Section 16-9-2, relating to forgery in the second degree; (L) A violation of Chapter 13 of Title 16, relating to controlled substances; or (M) Any other offense committed in another jurisdiction which, if committed in this state, would be deemed to be such a crime without regard to its designation elsewhere. (3) 'Criminal record' means any of the following which have reached final disposition within ten years of the date the criminal record check is conducted: (A) Conviction of a crime; (B) Arrest, charge, and sentencing for a crime where:
(i) A plea of nolo contendere was entered to the charge; (ii) First offender treatment without adjudication of guilt pursuant to the charge was granted; or (iii) Adjudication or sentence was otherwise withheld or not entered on the charge; or (C) Arrest and charges for a crime if the charge is pending, unless the time for prosecuting such crime has expired pursuant to Chapter 3 of Title 17. (4) 'Employment applicant' means any person seeking employment by a nursing home. This term shall not include persons employed by the nursing home prior to July 1, 1995. (5) 'GCIC' means the Georgia Crime Information Center established under Article 2 of Chapter 3 of Title 35. (6) 'Nursing home' or 'home' means a home required to be licensed or permitted as a nursing home under the provisions of this chapter. (7) 'Satisfactory determination' means a written determination by a nursing home that a person for whom a record check was performed was found to have no criminal record. (8) 'Unsatisfactory determination' means a written determination by a nursing home that a person for whom a record check was performed was found to have a criminal record."
SECTION 2. Said article is further amended by striking in its entirety subsection (a) of Code Section 31-7-351, relating to request for criminal record check with respect to an applicant for employment in a nursing home, and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) Prior to hiring an employment applicant, each nursing home shall request a criminal record check from GCIC to determine whether the applicant has a criminal record. A nursing home shall make a written determination for each applicant for whom a criminal record check is performed. A nursing home shall not employ a person with an unsatisfactory determination."

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SECTION 3. Said article is further amended by adding at the end thereof a new Code Section 31-7-353 to read as follows:
'31-7-353. A nursing home that hires an applicant for employment with a criminal record shall be liable for a civil monetary penalty in the amount of the lesser of $2500.00 or $500.00 for each day that a violation of subsection (a) of Code Section 31 -7-351 occurs. The daily civil monetary penalty shall be imposed only from the time the nursing home administrator knew or should have known that the nursing home has in its employ an individual with a criminal record and until the date such individual is terminated."
SECTION 4. All laws and parts of laws in conflict with this Act are repealed.
Approved April 27, 2001.
CIVIL PRACTICE - MENTAL EXAMINATION OF PARTY OR PERSON IN CUSTODY OR UNDER CONTROL OF PARTY.
Code Section 9-11-35 Amended.
No. 256 (House Bill No. 435).
AN ACT
To amend Code Section 9-11-35 of the Official Code of Georgia Annotated, relating to the physical and mental examination of persons, so as to provide that mental examinations may be conducted by either a physician or a psychologist; 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 9-11-35 of the Official Code of Georgia Annotated, relating to the physical and mental examination of persons, is amended by striking it in its entirety and inserting in lieu thereof a new Code Section 9-11-35 to read as follows:
"9-11-35. (a) Orderfor examination. When the mental or physical condition (including the blood group) of a party, or of a person in the custody or under the legal control of a party, is in controversy, the court in which the action is pending may order the party to submit to a physical examination by a physician or to submit to a mental examination by a physician or a licensed psychologist or to produce for

____________GEORGIA LAWS 2001 SESSION__________809
examination the person in his custody or legal control. The order may be made only on motion for good cause shown and upon notice to the person to be examined and to all parties and shall specify the time, place, manner, conditions, and scope of the examination and the person or persons by whom it is to be made. (b) Report ofexamining physician or psychologist.
(1) If requested by the party against whom an order is made under subsection (a) of this Code section or by the person examined, the party causing the examination to be made shall deliver to him a copy of a detailed written report of the examining physician or psychologist setting out his findings, including results of all tests made, diagnoses, and conclusions, together with like reports of all earlier examinations of the same condition. (2) Any party shall be entitled, upon request, to receive from the party whose physical or mental condition is in issue, or who is in control of, or has legal custody of, a person whose physical or mental condition is in issue, a report of any and every examination, previously or thereafter made, of the condition in issue, unless, in the case of a report of examination of a person not a party, the party shows that he is unable to obtain it. (3) The court, on motion, may make an order against a party requiring delivery of a report under paragraph (1) or (2) of this subsection on such terms as are just; and, if a physician or psychologist fails or refuses to make a report, the court may exclude his testimony if offered at the trial. (4) By requesting and obtaining a report of the examination so ordered or by taking the deposition of the examiner, the party examined waives any privilege he may have in that action, or any other action involving the same controversy, regarding the testimony of every other person who has examined or may thereafter examine him in respect to the same mental or physical condition. (5) Paragraphs (1) through (4) of this subsection apply to examinations made by agreement of the parties, unless the agreement expressly provides otherwise. Paragraphs (1) through (4) of this subsection do not preclude discovery of a report of an examining physician or psychologist or the taking of a deposition of the physician or psychologist in accordance with any other Code section of this chapter.'
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.
Approved April 27, 2001.

810______GENERAL ACTS AND RESOLUTIONS, VOL. I________
LOCAL GOVERNMENT - BONDS; PENSION OBLIGATION.
Code Section 36-82-9 Enacted.
No. 257 (House Bill No. 441).
AN ACT
To amend Article 1 of Chapter 82 of Title 36 of the Official Code of Georgia Annotated, relating to general provisions relative to bonds, so as to provide requirements for pension obligation bonds; to define certain terms; to provide that no political subdivision shall issue any pension obligation bond without a certain certification of the state auditor; to provide that no governmental entity, authority, or retirement or pension fund shall purchase any pension obligation bonds; to provide for a reserve fund; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Article 1 of Chapter 82 of Title 36 of the Official Code of Georgia Annotated, relating to general provisions relative to bonds, is amended by inserting at the end thereof the following:
'36-82-9. (a) As used in this Code section, the term:
(1) 'Annual savings' means the difference between the annual debt service payments on pension obligation bonds and the annual required contribution to fund the unfunded actuarial accrued liability of the pension fund. (2) 'Level debt structure' means the establishment of a bond repayment schedule that requires equal annual debt service payments, including both principal and interest, over the life of the debt issue. (3) 'Pension obligation bond' means a bond issued as a general obligation bond in accordance with the provisions of this chapter, the proceeds of which are deposited with the government's retirement system administrator to liquidate, in whole or in part, the government's unfunded accrued actuarial liability to the government's retirement plan. (b) No political subdivision shall issue any pension obligation bond unless the state auditor has certified that such bonds comply fully with the provisions of this Code section. (c) All pension obligation bonds shall: (1) Be general obligation bonds subject to the provisions of the Constitution of the State of Georgia and this chapter relating to general obligation bonds; (2) Be included as a component of the total debt of the political subdivision subject to the debt limits provided in Article IX, Section V of the Constitution of the State of Georgia;

____________GEORGIA LAWS 2001 SESSION__________811
(3) Be issued on a competitive basis; (4) Specify a level debt structure; and (5) Specify a maturity not longer than 20 years. (d) An amount not less than 5 percent of the annual savings shall be deposited into a reserve fund as protection against changes that might impact the future financial condition of the pension system. (e) Neither the political subdivision issuing pension obligation bonds nor any department, agency, authority, retirement system, or pension fund of such political subdivision shall purchase the pension obligation bonds so issued."
SECTION 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.
Approved April 27, 2001.
LOCAL GOVERNMENT - ANNEXATIONS; REPORTING.
Code Section 36-36-3 Amended.
No. 258 (House Bill No. 443).
AN ACT
To amend Article 1 of Chapter 36 of Title 36 of the Official Code of Georgia Annotated, relating to general provisions regarding annexation of territory, so as to change certain provisions regarding the reporting of annexations to the Department of Community Affairs; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Article 1 of Chapter 36 of Title 36 of the Official Code of Georgia Annotated, relating to general provisions regarding annexation of territory, is amended by striking Code Section 36-36-3, and inserting in lieu thereof the following:
'36-36-3. (a) The clerk, city attorney, or other person designated by the governing authority ofany municipality annexing property shall file a report identifying any property annexed with the Department of Community Affairs and with the county governing authority of the county in which the property being annexed is

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located. Such reports shall be filed, at a minimum, not more than 30 days following the last day of the quarter in which the annexation becomes effective but may be filed more frequently. Each report shall include the following:
(1) The legal authority under which the annexation was accomplished, which shall be the ordinance or resolution number for any annexation effected pursuant to Article 2, 3,4, or 6 of this chapter or the Act number if effected by local Act of the General Assembly; (2) The name of the county in which the property being annexed is located; the enactment date and effective date of the annexation ordinance, resolution, or local Act of the General Assembly; and (3) A letter from the governing authority of any municipality annexing property stating their intent to add the annexed area to maps provided by the United States Bureau of the Census during their next regularly scheduled boundary and annexation survey of the municipality and stating that the survey and map will be completed as instructed and returned to the United States Bureau of the Census. (b) The submission of a report required under subsection (a) of this Code section shall be made in writing and may also be made in electronic format, at the discretion of the submitting municipality. (c)(l) The Department of Community Affairs shall notify the clerk, city attorney, or other person designated by the governing authority ofthe annexing municipality within 30 days after receipt of a report submitted under subsection (a) of this Code section if it determines the submission to be incomplete. The annexing municipality shall file a corrected report with the department and the county governing authority where the annexed property is located within 45 days from the date of the notice of any deficiency. (2) No annexed area shall be added to the state map until such report has been properly submitted to the Department of Community Affairs. The Department of Community Affairs shall not provide a certification of annexation to the United States Census Bureau unless the governing authority of the annexing municipality has filed a completed report as required under subsection (a) of this Code section. (3) Compliance with the requirements of this Code section shall be construed to be merely ancillary to and not an integral part of the annexation procedure such that an annexation shall, if otherwise authorized by law, become effective even though required filings under this Code section are temporarily delayed. (d) The Department of Community Affairs may provide technical assistance to any municipality with respect to the requirements of subsection (a) of this Code section. (e) The Department of Community Affairs shall maintain the annexation reports submitted to it pursuant to this Code section for two years. Annexation reports shall be subject to disclosure and inspection under Article 4 of Chapter 18 of Title 50 while maintained in the possession of the Department of Community Affairs. Two years after receipt of an annexation report from a municipality, the

____________GEORGIA LAWS 2001 SESSION__________813
Department of Community Affairs shall transfer possession of such report to the Department of Archives and History for permanent retention. (f) The clerk, city attorney, or other person designated by the governing authority of any municipality annexing property shall also file a copy of the transmittal letter to the United States Department ofJustice seeking preclearance, without the attachments to such letter, with the Department of Community Affairs and with the governing authority of the county in which the property being annexed is located. This subsection shall apply so long as a filing with the United States Department of Justice is required. (g) The governing authority of any municipality annexing property shall add all annexed areas to maps provided by the United States Census Bureau during the next regularly scheduled boundary and annexation survey of the municipality, complete the survey and map as instructed, and return them to the United States Census Bureau within the time frame requested."
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.
Approved April 27, 2001.
PENAL INSTITUTIONS-PROBATION; SUPERVISION SERVICES; ORDINANCE VIOLATIONS.
Code Sections 42-8-30.1 and 42-8-100 Amended.
No. 259 (Senate Bill No. 13).
AN ACT
To amend Article 2 of Chapter 8 of Title 42 of the Official Code of Georgia Annotated, the "State-wide Probation Act," so as to provide for the inapplicability of certain provisions of that article when probation services are provided through contractual agreements; to amend Article 6 of Chapter 8 of Title 42 of the Official Code of Georgia Annotated, relating to agreements for probation services, so as to change certain provisions relating to agreements between chief judges of county courts or judges of municipal courts and corporations, enterprises, or agencies for probation services; to provide for probation for persons convicted of ordinance violations in county and municipal courts; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

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SECTION 1. Article 2 of Chapter 8 of Title 42 of the Official Code of Georgia Annotated, the "State-wide Probation Act," is amended by striking Code Section 42-8-30.1, relating to the inapplicability of that article when probation services are provided through contractual agreements, and inserting in its place the following:
'42-8-30.1.
In any county where the chiefjudge of the superior court, state court, municipal court, probate court, or magistrate court has provided for probation services for such court through agreement with a private corporation, enterprise, or agency or has established a county or municipal probation system for such court pursuant to Code Section 42-8-100, the provisions of this article relating to probation supervision services shall not apply to defendants sentenced in any such court.'
SECTION 2. Article 6 of Chapter 8 of Title 42 of the Official Code of Georgia Annotated, relating to agreements for probation services, is amended by striking Code Section 42-8-100, relating to agreements between chiefjudges of county courts or judges of municipal courts and corporations, enterprises, or agencies for probation services, and inserting in lieu thereof the following:
"42-8-100.
(a) Any county or municipal court which has original jurisdiction of ordinance violations and in which the defendant in such a case has been found guilty upon verdict or plea or has been sentenced upon a plea of nolo contendere, may, at a time to be determined by the court, hear and determine the question of the probation of such defendant. (b) If it appears to the court upon a hearing of the matter that the defendant is not likely to engage in an unlawful course of conduct and that the ends ofjustice and the welfare of society do not require that the defendant shall presently suffer the penalty imposed by law, the court in its discretion shall impose sentence upon the defendant but may stay and suspend the execution of the sentence or any portion thereof or may place him or her on probation under the supervision and control of a probation supervisor for the duration of such probation, subject to the provisions of this Code section. The period of probation or suspension shall not exceed the maximum sentence of confinement which could be imposed on the defendant. (c) The court may, in its discretion, require the payment of a fine or costs, or both, as a condition precedent to probation. (d) The sentencing judge shall not lose jurisdiction over any person placed on probation during the term of his or her probated sentence. The judge is empowered to revoke any or all ofthe probated sentence, rescind any or all ofthe sentence, or, in any manner deemed advisable by the judge, modify or change the probated sentence at any time during the period of time originally prescribed for the probated sentence to run. (e) If a defendant is placed on probation pursuant to this Code section by a county or municipal court other than one for the county or municipality in which

____________GEORGIA LAWS 2001 SESSION__________815
he or she resides for committing any ordinance violation, such defendant may, when specifically ordered by the court, have his or her probation supervision transferred to the county or municipality in which he or she resides.
(f)(l) The chiefjudge of any court within the county, with the approval of the governing authority ofthat 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 by a defendant according to the terms ofthe 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 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 1,2001, shall be initiated by the chiefjudge ofthe 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, 2001, and which contains no provisions relating to termination of such contract shall be initiated by the chiefjudge 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. (2) The chief judge of any court within the county, with the approval of the governing authority of that county, is authorized to establish a county probation system to provide probation supervision, counseling, collection services for all moneys to be paid 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 in that court and placed on probation in the county. (g)(l) The judge of the municipal court of any municipality or consolidated government of a municipality and county of this state, with the approval of the governing authority of that municipality or consolidated government, is authorized to enter into written contracts with private corporations, enterprises, or agencies to provide probation supervision, counseling, collection services for all moneys to be paid by a defendant according to the terms of the sentence imposed and 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 in such court and placed on probation. The final contract negotiated by the judge with the private probation entity shall be attached to

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the approval by the governing authority of the municipality or consolidated government to privatize probation services as an exhibit thereto. (2) The judge of the municipal court of any municipality or consolidated government of a municipality and county of this state, with the approval of the governing authority of that municipality or consolidated government, is authorized to establish a probation system to provide probation supervision, counseling, collection services for all moneys to be paid by a defendant according to the terms of the sentence imposed and 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 in such court and placed on probation."
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.
Approved April 27, 2001.
CRIMES AND OFFENSES - CONTROLLED SUBSTANCES; DANGEROUS DRUGS.
Code Title 16, Chapter 13 Amended. Code Section 26-4-115.1 Enacted.
No. 260 (House Bill No. 510).
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 for penalties related to violations and restitution to the state for cleanup of environmental hazards; to provide for definitions; to amend Chapter 4 of Title 26 of the Official Code of Georgia Annotated, the "Georgia Pharmacy Practice Act," so as to require certain wholesale distributors of controlled substances or dangerous drugs to provide certain information relating thereto; 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 13 of Title 16 of the Official Code of Georgia Annotated, relating to controlled substances, is amended by striking paragraph (5) of Code Section

____________GEORGIA LAWS 2001 SESSION__________817
16-13-25, relating to Schedule 1 controlled substances, and inserting in its place the following:
*(5) Any material, compound, mixture, or preparation which contains any quantity of the following substances, their salts, isomers, (whether optical, position, or geometries), and salts of isomers, unless specifically excepted, whenever the existence of these substances, their salts, isomers, and salts of isomers is possible within the specific chemical designation: ~~
gamma hydroxybutyric acid (gamma hydroxy butyrate); provided, however, that this does not include any amount naturally and normally occurring in the human body; and"
SECTION 2. Said chapter is further amended by striking Code Section 16-13-56, relating to penalties for violations, and inserting in its place the following:
"16-13-56. (a) Unless otherwise specified with respect to a particular offense, any person who violates any provision of this article shall be guilty of a misdemeanor. (b) In addition to any other penalty imposed by law for a violation of this article, if the sentencing court finds that in committing a violation of this article, the defendant contributed to a release of hazardous waste, a hazardous constituent, or a hazardous substance as such terms are defined by Code Sections 12-8-62 and 12-8-92, the court shall require such defendant to make restitution to the State of Georgia pursuant to subsection (a) of Code Section 12-8-96.1 for the reasonable costs of activities associated with the cleanup of environmental hazards, including legal expenses incurred by the state. Restitution made pursuant to this Code section shall not preclude the State of Georgia from obtaining any other civil or criminal remedy available under any other provision of law. The restitution authorized by this Code section is supplemental and not exclusive."
SECTION 3. Said chapter is further amended by adding following Code Section 16-13-70, a new Code Section 16-13-70.1 to read as follows:
"16-13-70.1. Any term used in this article and not defined in this article but defined in Code Section 16-13-21 shall have the meaning provided for that term in Code Section 16-13-21.'
SECTION 4. Said chapter is further amended by striking from subsection (b) of Code Section 16-13-71, relating to the list of dangerous drugs, the following paragraphs:
"(160.2) Chenodiol;" "(160.15) Cetirizine;" "(920) Sulfathiazole;".

818______GENERAL ACTS AND RESOLUTIONS, VOL. I_________
SECTION 5. Said chapter is further amended by adding in the appropriate positions in subsection (b) of Code Section 16-13-71, relating to the list of dangerous drugs, the following paragraphs:
"(22.5) Alosetron;" '(62.8) Argatroban;" "(64.1) Arsenic trioxide;" "(76.5) Balsalazide;" "(97.3) Bexarotene;" "(160.15) Cetirizine;" "(160.16) Cetrorelix;" "(160.17) Cevimeline;" "(160.2) Chenodiol;" "(192.03) Ciclopirox;" "(192.4) Cilexetil;" "(221.5) Cupric chloride injectable;" "(315.7) Docosanol See exceptions;" "(390.7) Fludeoxyglucose;" '(404.3) Follitropin;" "(408.8) Gadoversetamide;"
"(412.03) Gatifloxacin;"
"(412.3) Gemtuzumab ozogamicin;" "(474.4) Insulin glargine;" "(516.07) Levobetaxolol;" "(522.5) Linezolid;" "(529.5) Lopinavir;"
"(552.5) Meloxicam;"
"(563.5) Mequinol;" "(622.3) Mitoxantrone;" "(644,9) Nitric oxide for use in humans;" "(667.5) Oxcarbazepine;" "(680.5) Ozogamicin;" "(685.7) Pantoprazole;" "(703.6) Perfluoroalkylpolyether;" "(726.5) Phenylpropanolamine;" "(751.5) Polytetrafluoroethylene;" "(752.2) Poractant Alpha;" "(785.5) Proguanil;" "(843.83) Rivastigmine;" "(920) Reserved;" "(922.5) Sulfathiazole;" "(967.2) Tinzaparin;" "(1002.5) Triptorelin;" "(1019.5) Unoprostone;"

____________GEORGIA LAWS 2001 SESSION__________819
'(1029.5) Verteporfm;' "(1042.92) Zonisamide;'.
SECTION 6. Said chapter is further amended by adding in the appropriate place in subsection (c) of Code Section 16-13-71, relating to the list of dangerous drugs, the following:
'(8.5) Docosanol - when used in 10 percent topical preparation to treat fever blisters, cold sores, or fever blisters and cold sores.'
SECTION 6.1. Chapter 4 of Title 26 of the Official Code of Georgia Annotated, the "Georgia Pharmacy Practice Act," is amended by adding after Code Section 26-4-115 a new Code section to read as follows:
"26-4-115.1. Every wholesale distributor registered as provided in Chapter 13 of Title 16 or subsection (a) of Code Section 26-4-115, except those which are exclusively reverse drug distributors, shall provide to the Department of Community Health such information, with regard to the controlled substances and dangerous drugs which are distributed by that wholesale distributor, as is determined by that department to be necessary or useful in the department's efficient administration ofthe state plan for medical assistance, as defined in Code Section 49-4-141, and in the department's determination of possible violations of Chapter 13 of Title 16, which information shall include but not be limited to price and quantity information."
SECTION 6.2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 7. All laws and parts of laws in conflict with this Act are repealed.
Approved April 27, 2001.

820______GENERAL ACTS AND RESOLUTIONS, VOL. I________
CONTRACTS - PUBLIC WORKS CONTRACTS; BONDS; BIDS.
Code Titles 13, 32, 36, and 50 Amended.
No. 261 (House Bill No. 513).
AN ACT
To amend Title 13 of the Official Code of Georgia Annotated, relating to contracts, so as to define a certain term; to provide for the approval and filing of bonds for certain public works contracts; to provide bonding requirements for certain public works contracts; to provide for bid bonds; to provide for cash in lieu of bonds; to provide for the withdrawal of bids; to provide for affiliated corporations bidding on the same project; to provide for actions on bid bonds; to provide for performance bonds; to provide for acceptable substitutes for performance bonds; to provide for actions on performance bonds; to provide for payment bonds; to provide for the liability of the contracting party to subcontractors; to provide for notice of commencement of work; to provide for the rights of persons protected by payment bonds; to provide that the state shall not be a party to any related action; to provide for the availability of copies of payment bonds and security deposit agreements; to provide a time limitation for certain actions; to provide that certain requirements relating to public works contracts shall not apply to hospital authorities except in certain circumstances; to amend Title 32 ofthe Official Code ofGeorgia Annotated, relating to highways, bridges, and ferries, so as to change certain references contained therein to comply with the changes wrought by this Act; to amend Title 36 of the Official Code of Georgia Annotated, relating to local government, so as to change certain references contain therein; to reorganize the structure of certain portions of such title; to provide that certain requirements relating to public works contracts shall not apply to hospital authorities except in certain circumstances; to amend Code Section 50-18-72 of the Official Code of Georgia Annotated, relating to when public disclosure is not required and the disclosure of exempting legal authority, so as to change certain references to other Code sections; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Title 13 of the Official Code of Georgia Annotated, relating to contracts, is amended by striking in its entirety Chapter 10, relating to contracts for public works, and inserting in lieu thereof the following:

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'CHAPTER 10 ARTICLE 1 Part 1
13-10-1. As used in this article, the term 'state' means the state of Georgia, any agency of the state, and any state authority.
13-10-2. (a)( 1) Any bid bond, performance bond, payment bond, or security deposit required for a state public works construction contract shall be approved and filed with the treasurer or the person performing the duties usually performed by a treasurer of the obligee named in such bond. At the option of the state, if the surety named in the bond is other than a surety company authorized by law to do business in this state pursuant to a current certificate of authority to transact surety business by the Commissioner of Insurance, such bond shall not be approved and filed unless such surety is on the United States Department of Treasury's list of approved bond sureties. (2) Any bid bond, performance bond, or payment bond required by this chapter shall be approved as to form and as to the solvency of the surety by an officer of the state or the agency or authority of the state negotiating the contract on behalf of the state. In the case of a bid bond, such approval shall be obtained prior to acceptance ofthe bid or proposal. In the case ofa payment bond or a performance bond, such approval shall be obtained prior to the execution of the contract.
(b) Whenever, in the judgment of the obligee: (1) Any surety on a bid, performance, or payment bond has become insolvent; (2) Any corporate surety is no longer certified or approved by the Commissioner of Insurance to do business in the state; or (3) For any cause there are no longer proper or sufficient sureties on any or all of the bonds,
the obligee may require the contractor to strengthen any or all of the bonds or to furnish a new or additional bond or bonds within ten days. Thereupon, if so ordered by the obligee, all work on the contract shall cease unless such new or additional bond or bonds are furnished. If such bond or bonds are not furnished within such time, the obligee may terminate the contract and complete the same as the agent of and at the expense of the contractor and his or her sureties.
Part 2
13-10-20. (a) Bid bonds shall be required for all state public works construction contracts with estimated bids or proposals over $100,000.00; provided, however, that the state or any public board or body ofthe state may require a bid bond for projects with estimated bids or proposals of $100,000.00 or less.

822______GENERAL ACTS AND RESOLUTIONS, VOL. I_______
(b) In the case of competitive sealed bids, except as provided in Code Sections 13-10-22 and 13-10-23, a bid may not be revoked or withdrawn until 60 days after the time set by the state or any public board or body of the state for opening of bids. Upon expiration of such 60 day time period, the bid will cease to be valid, unless the bidder provides written notice to the state prior to the scheduled expiration date that the bid will be extended for a time period specified by the state. (c) In the case of competitive sealed proposals, the state shall advise offerers in the request for proposals of the number of days that offerers will be required to honor their proposals; provided, however, that if an offerer is not selected within 60 days of opening the proposals, any offerer that is determined by the state to be unlikely ofbeing selected for contract award shall be released from his or her proposal. (d) If the state requires a bid bond for any public works construction contract, no bid or proposal for a contract with the state shall be valid for any purpose unless the contractor gives a bid bond with good and sufficient surety or sureties approved by the state. The bid bond shall be in the amount of not less than 5 percent of the total amount payable by the terms of the contract. No bid or proposal shall be considered if a proper bid bond or other security authorized in Code Section 13-10-21 has not been submitted. The provisions ofthis subsection shall not apply to any bid or proposal for a contract that is required by law to be accompanied by a proposal guaranty and shall not apply to any bid or proposal for a contract with any public agency or body which receives funding from the United States Department of Transportation and which is primarily engaged in the business of public transportation.
13-10-21. (a) In lieu of the bid bond provided for in Code Section 13-10-20, the state may accept a cashier's check, certified check, or cash in the amount of not less than 5 percent of the total amount payable by the terms of the contract payable to and for the protection of the state. (b) When the amount of any bid bond required under this article does not exceed $300,000.00, the state may, in its sole discretion, accept an irrevocable letter of credit issued by a bank or savings and loan association, as defined in Code Section 7-1-4, in the amount of and in lieu of the bond otherwise required under Code Section 13-10-20.
13-10-22. (a) As used in this Code section, the term 'bid' shall include proposals and the term 'bidder' shall include offerers. (b) When receiving bids subject to this article, the state shall permit a bidder to withdraw a bid from consideration after the bid opening without forfeiture of the bid security if the bidder has made an appreciable error in the calculation of his or her bid and if:

____________GEORGIA LAWS 2001 SESSION__________823
(1) Such error in the calculation of his or her bid can be documented by clear and convincing written evidence; (2) Such error can be clearly shown by objective evidence drawn from inspection of the original work papers, documents, or materials used in the preparation of the bid sought to be withdrawn; (3) The bidder serves written notice upon the state or the agency or authority of the state which invited proposals for the work prior to the award of the contract and not later than 48 hours after the opening of bids, excluding Saturdays, Sundays, and legal holidays; (4) The bid was submitted in good faith and the mistake was due to a calculation or clerical error, an inadvertent omission, or a typographical error as opposed to an error in judgment; and (5) The withdrawal of the bid will not result in undue prejudice to the state or other bidders by placing them in a materially worse position than they would have occupied if the bid had never been submitted. (c) In the event that an apparent successful bidder has withdrawn his or her bid as provided in subsection (b) of this Code section, action on the remaining bids should be considered as though the withdrawn bid had not been received. In the event the project is relet for bids, under no circumstances shall a bidder who has filed a request to withdraw a bid be permitted to resubmit a bid for the work. (d) No bidder who is permitted to withdraw a bid pursuant to subsection (b) of this Code section shall for compensation supply any material or labor to, or perform any subcontract or other work agreement for, the person or firm to whom the contract is awarded or otherwise benefit, directly or indirectly, from the performance of the project for which the withdrawn bid was submitted.
13-10-23. (a) As used in this Code section, the term:
(1) 'Affiliated corporation' means, with respect to any corporation, any other corporation related thereto:
(A) As a parent corporation; (B) As a subsidiary corporation; (C) As a sister corporation; (D) By common ownership or control; or (E) By control of one corporation by the other. (2) The term 'bid' shall include proposals. (b) In any case where two or more affiliated corporations bid for a contract under this Code section and any one or more of such affiliated corporations subsequently rescind or revoke their bid or bids in favor ofanother such affiliated corporation whose bid is for a higher amount and the contract is awarded at such higher amount to such other affiliated corporation, then the bid bond, proposal guaranty, or other security otherwise required under this article of each affiliated corporation rescinding or revoking its bid shall be forfeited.

824______GENERAL ACTS AND RESOLUTIONS, VOL. I_______
13-10-24. The obligee in any bid bond required to be given in accordance with this article shall be entitled to maintain an action thereon at any time upon any breach of such bond; provided, however, that no action may be instituted on the bonds or security deposits after one year from the completion of the contract and the acceptance of the public work by the state.
Parts
13-10-40. Except as otherwise provided in Title 32, performance bonds shall be required for all state public works construction contracts with an estimated contract amount greater than $100,000.00; provided, however, that the state may require a performance bond for public works construction contracts that are estimated at $100,000.00 or less. No public works construction contract requiring a performance bond shall be valid for any purpose unless the contractor gives such performance bond. The performance bond shall be in the amount of at least the total amount payable by the terms of the contract and shall be increased as the contract amount is increased.
13-10-41. When the amount of the performance bond required under this article does not exceed $300,000.00, the state may, in its sole discretion, accept an irrevocable letter of credit by a bank or savings and loan association, as defined in Code Section 7-1-4, in the amount of and in lieu of the bond otherwise required under this article.
13-10-42. The obligee in any performance bond required to be given in accordance with this article shall be entitled to maintain an action thereon at any time upon any breach of such bond; provided, however, no action can be instituted on the bonds or security deposits after one year from the completion of the contract and the acceptance of the public work by the state.
Part 4
13-10-60. Except as otherwise provided in Title 32, payment bonds shall be required for all state public works construction contracts with an estimated contract amount greater than $100,000.00; provided, however, that the state may require a payment bond for public works construction contracts that are estimated at $ 100,000.00 or less. No public works construction contract requiring a payment bond shall be valid for any purpose unless the contractor gives such payment bond; provided, however, that in lieu of such payment bond, the state, in its discretion, may accept a cashier's check, certified check, or cash for the use and

____________GEORGIA LAWS 2001 SESSION__________825
protection of all subcontractors and all persons supplying labor, materials, machinery, and equipment in the prosecution of work provided in the contract. The payment bond or other security accepted in lieu of a payment bond shall be in the amount of at least the total amount payable by the terms of the initial contract and shall be increased if requested by the state as the contract amount is increased.
13-10-61. If a payment bond or security deposit is not taken in the manner and form required in this article, the corporation or body for which work is done under the contract shall be liable to all subcontractors and to all persons supplying labor, materials, machinery, or equipment to the contractor or subcontractor thereunder for any loss resulting to them from such failure. No agreement, modification, or change in the contract, change in the work covered by the contract, or extension of time for the completion of the contract shall release the sureties of such payment bond.
13-10-62. (a) The contractor furnishing the payment bond or security deposit shall post on the public works construction site and file with the clerk of the superior court in the county in which the site is located a notice of commencement no later than 15 days after the contractor physically commences work on the project and supply a copy ofthe notice ofcommencement to any subcontractor, materialman, or person who makes a written request ofthe contractor. Failure to supply a copy of the notice of commencement within ten calendar days of receipt of the written request from such subcontractor, materialman, or person shall render the provisions of paragraph (1) of subsection (a) of Code Section 13-10-63 inapplicable to such subcontractor, materialman, or person making the request. The notice of commencement shall include:
(1) The name, address, and telephone number of the contractor; (2) The name and location of the public work being constructed or a general description of the improvement; (3) The name and address of the state or the agency or authority of the state that is contracting for the public works construction; (4) The name and address of the surety for the performance and payment bonds, if any; and (5) The name and address of the holder of the security deposit provided, if any. (b) The failure to file a notice of commencement shall render the notice to the contractor requirements of paragraph (1) of subsection (a) of Code Section 13-10-63 inapplicable. (c) The clerk of the superior court shall file the notice of commencement within the records of that office and maintain an index separate from other real estate records or an index with the preliminary notices specified in subsection (a) of Code Section 44-14-361.3. Each such notice of commencement shall be indexed

826______GENERAL ACTS AND RESOLUTIONS, VOL. I________
under the name of the state and the name of the contractor as contained in the notice of commencement.
13-10-63. (a) Every person entitled to the protection of the payment bond or security deposit required to be given who has not been paid in full for labor or materials furnished in the prosecution of the work referred to in such bond or security deposit before the expiration of a period of 90 days after the day on which the last of the labor was done or performed by such person or the material or equipment or machinery was furnished or supplied by such person for which such claim is made, or when he or she has completed his or her subcontract for which claim is made, shall have the right to bring an action on such payment bond or security deposit for the amount, or the balance thereof, unpaid at the time of the commencement of such action and to prosecute such action to final execution and judgment for the sum or sums due such person; provided, however, that:
(1) Any person having a direct contractual relationship with a subcontractor but no contractual relationship, express or implied, with the contractor furnishing such payment bond or security deposit on a public works construction project where the contractor has not complied with the notice of commencement requirements shall have the right of action upon the payment bond or security deposit upon giving written notice to the contractor within 90 days from the day on which such person did or performed the last of the labor or furnished the last of the material or machinery or equipment for which such claim is made, stating with substantial accuracy the amount claimed and the name of the party to whom the material was furnished or supplied or for whom the labor was performed or done. The notice to the contractor may be served by registered or certified mail or statutory overnight delivery, postage prepaid, duly addressed to the contractor, at any place at which the contractor maintains an office or conducts his or her business or at his or her residence, by depositing such notice in any post office or branch post office or any letter box under the control of the United States Postal Service; alternatively, notice may be served in any manner in which the sheriffs of this state are authorized by law to serve summons or process; and (2) Any person having a direct contractual relationship with a subcontractor but no contractual relationship, express or implied, with the contractor furnishing such payment bond or security deposit on a public works construction project where the contractor has complied with the notice of commencement requirements in accordance with subsection (a) of Code Section 13-10-62 shall have the right ofaction on the payment bond or security deposit, provided that such person shall, within 30 days from the filing of the notice of commencement or 30 days following the first delivery of labor, material, machinery, or equipment, whichever is later, give to the contractor a written notice setting forth:

____________GEORGIA LAWS 2001 SESSION__________827
(A) The name, address, and telephone number of the person providing labor, material, machinery, or equipment; (B) The name and address of each person at whose instance the labor, material, machinery, or equipment is being furnished; (C) The name and the location of the public works construction site; and (D) A description of the labor, material, machinery, or equipment being provided and, if known, the contract price or anticipated value of the labor, material, machinery, or equipment to be provided or the amount claimed to be due, if any. (b) Nothing contained in this Code section shall limit the right of action of a person entitled to the protection ofthe payment bond or security deposit required to be given pursuant to this article to the 90 day period following the day on which such person did or performed the last of the labor or furnished the last of the material or machinery or equipment for which such claim is made. (c) Every action instituted under this Code section shall be brought in the name of the claimant without making the state or the agency or authority of the state for which the work was done or was to be done a party to such action.
13-10-64. The official who has the custody of the bond or security deposit required by this article is authorized and directed to furnish to any person making application therefor a copy of the bond or security deposit agreement and the contract for which it was given, certified by the official who has custody of the bond or security deposit. With his or her application, such person shall also submit an affidavit that he or she has supplied labor or materials for such work and that payment therefor has not been made or that he or she is being sued on any such bond or security deposit. Such copy shall be primary evidence of the bond or security deposit and contract and shall be admitted in evidence without further proof. Applicants shall pay for such certified copies and such certified statements such fees as the official fixes to cover the cost of preparation thereof, provided that in no case shall the fee fixed exceed the fees which the clerks of the superior courts are permitted to charge for similar copies.
13-10-65. No action can be instituted on the payment bonds or security deposits after one year from the completion of the contract and the acceptance of the public works construction by the proper public authorities. Every action instituted under this article shall be brought in the name of the claimant, without the state or the agency or authority of the state for which the work was done or was to be done being made a party thereto.
ARTICLE 2
13-10-80. (a) As used in this Code section, the term:

828______GENERAL ACTS AND RESOLUTIONS, VOL. I________
(1) 'Contractor' means a person having a direct contract with the owner. (2) 'Lower tier subcontractor' means a person other than a contractor having a direct contract with a subcontractor. (3) 'Owner' means the state, any county, municipal corporation, authority, board of education, or other public board, public body, department, agency, instrumentality, or political subdivision of the state. (4) 'Owner's authorized contract representative' means the architect or engineer in charge of the project for the owner or such other contract representative or officer as designated in the contract documents as the party representing the owner's interest regarding administration and oversight of the project. (5) 'Subcontractor' means a person other than an owner having a direct contract with the contractor. (b) In any public works construction contract entered into on or after July 1, 2001, with an owner, as defined in paragraph (3) of subsection (a) of this Code section, such contract shall provide for the following: (1) After work has commenced at the construction site, progress payments to be made on some periodic basis, and at least monthly, based on the value of work completed as may be provided in the contract documents plus the value of materials and equipment suitably stored, insured, and protected at the construction site and at the owner's discretion such materials and equipment suitably stored, insured, and protected off site at a location approved by the owner's authorized contract representative when allowed by the contract documents, less retainage; and
(2)(A) Retainage to a maximum of 10 percent of each progress payment; provided, however, when 50 percent of the contract value including change orders and other additions to the contract value provided for by the contract documents is due and the manner of completion of the contract work and its progress are reasonably satisfactory to the owner's authorized contract representative, the owner shall withhold no more retainage. At the discretion ofthe owner and with the approval ofthe contractor, the retainage of each subcontractor may be released separately as the subcontractor completes his or her work. (B) If, after discontinuing the retention, the owner's authorized contract representative determines that the work is unsatisfactory or has fallen behind schedule, retention may be resumed at the previous level. If retention is resumed by an owner, the contractor and subcontractors shall be entitled to resume withholding retainage accordingly. (C) At substantial completion of the work or such other standard of completion as may be provided in the contract documents and as the owner's authorized contract representative determines the work to be reasonably satisfactory, the owner shall, within 30 days after invoice and other appropriate documentation as may be required by the contract documents are provided, pay the retainage to the contractor. If at that time there are any remaining incomplete minor items, an amount equal to 200 percent of the

____________GEORGIA LAWS 2001 SESSION__________829
value of each item as determined by the owner's authorized contract representative shall be withheld until such item or items are completed. The reduced retainage shall be shared by the contractor and subcontractors as their interests may appear. (D) The contractor shall, within ten days from the contractor's receipt of retainage from the owner, pass through payments to subcontractors and shall reduce each subcontractor's retainage in the same manner as the contractors retainage is reduced by the owner; provided, however, that the value of each subcontractor's work complete and in place equals 50 percent of his or her subcontract value, including approved change orders and other additions to the subcontract value, provided, further, that the work of the subcontractor is proceeding satisfactorily and the subcontractor has provided or provides such satisfactory reasonable assurances of continued performance and financial responsibility to complete his or her work including any warranty work as the contractor in his or her reasonable discretion may require, including, but not limited to, a payment and performance bond. (E) The subcontractor shall, within ten days from the subcontractor's receipt of retainage from the contractor, pass through payments to lower tier subcontractors and shall reduce each lower tier subcontractor's retainage in the same manner as the subcontractors retainage is reduced by the contractor; provided, however, that the value of each lower tier subcontractor's work complete and in place equals 50 percent of his or her subcontract value, including approved change orders and other additions to the subcontract value; provided, further, that the work of the lower tier subcontractor is proceeding satisfactorily and the lower tier subcontractor has provided or provides such satisfactory reasonable assurances of continued performance and financial responsibility to complete his or her work including any warranty work as the subcontractor in his or her reasonable discretion may require, including, but not limited to, a payment and performance bond. (c) This Code section shall not apply to: (1) Any contracts let by the Department of Transportation of this state for the construction, improvement, or maintenance of roads or highways in this state or purposes incidental thereto; or (2) Any contracts whose value or duration at the time of the award does not exceed $150,000.00 or 45 days in duration. (d) Contract and subcontract provisions inconsistent with the benefits extended to contractors, subcontractors, and lower tier subcontractors by this Code section shall be unenforceable; provided, however, that nothing in this Code section shall render unenforceable any contract or subcontract provisions allowing greater benefits to be extended to such contractors, subcontractors, or lower tier subcontractors, the provisions and benefits of this Code section being minimal only. (e) Nothing shall preclude a payer under this Code section, prior to making a payment, from requiring the payee to submit satisfactory evidence that all

830______GENERAL ACTS AND RESOLUTIONS, VOL. I________
payrolls, material bills, and other indebtedness connected with the work have been paid.
13-10-81. (a) Any department, agency, or instrumentality of the state or any political subdivision ofthe state is authorized to insert in the specifications of all contracts relating to the installation, extension, improvement, maintenance, or repair of any water or sewer facility a clause providing for the retention of amounts not exceeding 10 percent of the gross value of the completed work as may be provided for in the contract; provided, however, that no amounts shall be retained on estimates or progress payments submitted after 50 percent of the work on the project has been completed if in the opinion of the department, agency, or instrumentality of the state or any political subdivision thereof such work is satisfactory and has been completed on schedule. This will not affect the retained amounts on the first 50 percent of the work on the project which may continue to be held to ensure satisfactory completion of the project. If, after discontinuing the retention, the department, agency, or instrumentality of the state or any political subdivision thereof determines that the work is unsatisfactory or has fallen behind schedule, retention may be resumed at the previous level. Retainage shall be invested at the current market rate and any interest earned on the retained amount by such department, agency, or instrumentality of the state or any political subdivision of the state shall be paid to the contractor when the project has been completed within the time limits specified and for the price specified in the contract, or in any amendments or change orders approved in accord with the terms of the contract, as certified pursuant to subsection (b) of this Code section. (b) Final payment of the retained amounts to the contractor under the contract to which the retained amounts relate shall be made after certification by the engineer in charge of the project covered by the contract that the work has been satisfactorily completed and is accepted in accordance with the contract, plans, and specifications. Payment to the contractor of interest earned on the retained amounts shall be made after certification by the engineer in charge of the project covered by the contract that the work has been completed within the time specified and within the price specified in the contract. (c) At substantial completion of the work and as the governmental entity's authorized contract representative determines the work to be reasonably satisfactory, the governmental entity shall within 30 days after invoice and other appropriate documentation as may be required by the contract documents are provided pay the retainage to the contractor. If at that time there are any remaining incomplete minor items, an amount equal to 200 percent of the value of each item as determined by the governmental entity's authorized contract representative shall be withheld until such item or items are completed.

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13-10-82. (a) In lieu of the retained amounts provided for in Code Section 13-10-81, any department, agency, or instrumentality of the state or any political subdivision of the state is authorized to insert a clause in the specifications of all contracts provided for in Code Section 13-10-81, providing for an alternate procedure for the maintenance of an escrow account in an amount at least equal to the amount authorized to be retained by the contract. (b) Any such escrow agreement entered into pursuant to this Code section must contain as a minimum the following provisions:
(1) Only state or national banks chartered within the State of Georgia may serve as an escrow agent; (2) The escrow agent must limit the investment of funds ofthe contractor held in escrow in lieu of retained amounts provided for in Code Section 13-10-81 to negotiable certificates of deposits issued by any state or national bank in the State of Georgia (including, but not limited to, certificates of deposit issued by the bank acting as escrow agent) registered in the name of the escrow agent as such under escrow agreement with the contractor; (3) As interest on certificates of deposit held in escrow becomes due, it shall be collected by the escrow agent and paid to the contractor; (4) The escrow agent shall promptly acknowledge to the appropriate fiscal officer the amount and value of the escrow account held by the escrow agent, and any additions to the escrow account shall be reported immediately. Withdrawals from the escrow account shall only be made subject to the written approval of the fiscal officer of the department, agency, or instrumentality of the state or any political subdivision entering into the contract; (5) Upon default or overpayment of any contract subject to the procedure provided for in this Code section and upon the written demand of the fiscal officer provided for in paragraph (4) of this subsection, the escrow agent shall within ten days deliver a certified check to the appropriate fiscal officer in the amount of the escrow account balance relating to the contract in default; (6) The escrow account may be terminated upon completion and acceptance of the contract as provided for in Code Section 13-10-81; (7) All fees and expenses of the escrow agent shall be paid by the contractor to the escrow agent and, if not paid, shall constitute a lien on the interest accruing to the escrow account and shall be paid therefrom; (8) The escrow account shall constitute a specific pledge to the state or any political subdivision and the contractor shall not, except to his or her surety, otherwise assign, pledge, discount, sell, or transfer his or her interest in said escrow account, the funds of which shall not be subject to levy, garnishment, attachment, or any other process whatsoever; and (9) The form of the escrow agreement and provisions thereof in compliance with this Code section, as well as such other provisions as the appropriate fiscal officer shall from time to time prescribe, shall be subject to written approval of the fiscal officer. The approval of the escrow agreement by the

832______GENERAL ACTS AND RESOLUTIONS, VOL. I________
appropriate fiscal officer shall authorize the escrow agent to accept appointment in such capacity. (c) The department, agency, or instrumentality of the state or political subdivision of this state shall not be liable to the contractor or his or her surety for the failure of the escrow agent to perform under the escrow agreement or for the failure ofany bank to honor certificates ofdeposit issued by it which are held in the escrow account.
13-10-83.
Nothing in this article shall be construed or deemed to affect any contract covered by the provisions of Code Sections 32-2-75 through 32-2-77.*
SECTION 2. Title 32 of the Official Code of Georgia Annotated, relating to highways, bridges, and ferries, is amended by striking in its entirety Code Section 32-2-70, relating to bonds of successful bidders on certain state contracts, and inserting in lieu thereof the following:
'32-2-70.
Where the contract price exceeds $50,000.00, no department construction contract shall be valid unless the contractor first gives:
(1) The performance and payment bonds in accordance with Chapter 10 of Title 13; and (2) Such other bonds or insurance policies required by the department in its proposal forms, including but not limited to public liability and property damage insurance bonds or policies."
SECTION 3. Said title is further amended by striking in its entirety Code Section 32-2-72, relating to oaths by successful bidders on certain contracts, and inserting in lieu thereof the following:
'32-2-72. A successful bidder, before commencing the work, shall execute a written oath, as required by subsection (e) ofCode Section 36-91-21, stating that he or she has not violated such Code section which makes it unlawful to restrict competitive bidding.'
SECTION 4. Said title is further amended by striking in its entirety Code Section 32-4-69, relating to bonds of successful bidder generally, and inserting in lieu thereof the following:
"32-4-69. Notwithstanding any provision of Chapter 91 of Title 36 to the contrary, when the price of a contract let to bid is $5,000.00 or more, no contract of a county shall be valid unless the contractor first gives:

____________GEORGIA LAWS 2001 SESSION__________833
(1) A performance bond that meets the requirements established in Parts 1 and 3 of Article 3 of Chapter 91 of Title 36 in the amount of the bid, with one good and solvent surety, for the faithful performance of the contract and to indemnify the county for any damages occasioned by a failure to perform the same within the prescribed time; (2) A payment bond that meets the requirements established in Parts 1 and 4 of Article 3 of Chapter 91 of Title 36; and (3) Such other bonds required by the county in its advertisement for bids, including but not limited to public liability and property damage insurance bonds."
SECTION 5. Said title is further amended by striking in its entirety subsection (a) of Code Section 32-4-71, relating to failure to take bonds and liability of counties, and inserting in lieu thereof the following:
"(a) If the payment bond required by paragraph (2) of Code Section 32-4-69 is not taken, the county shall be liable to subcontractors, laborers, materialmen, and other persons, as provided in Part 4 of Article 3 of Chapter 91 of Title 36, for losses to them resulting from failure to take such bond."
SECTION 6. Said title is further amended by striking in its entirety Code Section 32-4-73, relating to oaths by successful bidders on certain contracts, and inserting in lieu thereof the following:
"32-4-73. A successful bidder, before commencing the work, shall execute a written oath, as required by subsection (e) of Code Section 36-91-21, stating that he or she has not violated such Code section, which makes it unlawful to restrict competitive bidding."
SECTION 7. Said title is further amended by striking in its entirety Code Section 32-4-74, relating to the applicability of other laws to this Part 2 of Article 3 of Chapter 4 of such title, and inserting in lieu thereof the following:
"32-4-74.
Except as indicated to the contrary in this part, Chapter 91 of Title 36 shall not apply to this part."
SECTION 8. Said title is further amended by striking in its entirety Code Section 32-4-119, relating to bonds of successful bidders on certain contracts, and inserting in lieu thereof the following:

834______GENERAL ACTS AND RESOLUTIONS, VOL. I_______
'32-4-119.
Notwithstanding any provision of Chapter 91 of Title 36 to the contrary, where the contract price is $5,000.00 or more, no construction contract ofa municipality shall be valid unless the contractor first gives:
(1) A performance and payment bond which meets the requirements of Parts 1, 3, and 4 of Article 3 of Chapter 91 of Title 36; and (2) Such other bonds or insurance policies required by the municipality in its proposal forms, including but not limited to public liability and property damage insurance bonds or policies and bonds to maintain in good condition such completed construction for a period of not less than five years."
SECTION 9. Said title is further amended by striking in its entirety Code Section 32-4-120, relating to the failure to take bonds and the liability ofmunicipalities, and inserting in lieu thereof the following:
'32-4-120.
If the payment bond required by Code Section 32-4-119 is not taken, the municipality then shall be liable to subcontractors, laborers, materialmen, and other persons, as provided in Part 4 of Article 3 of Chapter 91 of Title 36, for losses to them resulting from failure to take such bond.'
SECTION 10. Said title is further amended by striking in its entirety Code Section 32-4-123, relating to the applicability ofother laws to Part 2 ofArticle 4 of Chapter 4 of such title, and inserting in lieu thereof the following:
'32-4-123.
Except as indicated to the contrary in this part, Chapter 91 of Title 36 shall not apply to this part."
SECTION 11. Title 36 of the Official Code of Georgia Annotated, relating to local government, is amended by striking in its entirety Code Section 36-39-8, relating to a resolution letting contract for certain improvements following the time for protests or filing of petition, and inserting in lieu thereof the following:
'36-39-8. After the expiration ofthe time for objection or protest on the part ofthe property owners, if no sufficient protest is filed, or on receipt of a petition for an improvement signed by the owners ofa majority ofthe frontage ofthe land to be assessed, if the petition is found to be in proper form and properly executed, the governing body shall adopt a resolution reciting that no protest has been filed or that a petition was filed, as the case may be, and expressing the determination of the governing body to proceed with the improvement. The resolution shall state the kind ofimprovement, define the extent and character ofthe same, and specify such other matters as may be necessary to instruct the engineer employed by the municipal corporation in the performance of his or her duties in preparing for

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such improvement the necessary plans, plats, profiles, specifications, and estimates. The resolution shall set forth any and all such reasonable terms and conditions as the governing body deems proper to impose with reference to the letting of the contract and the provisions thereof. The governing body, by such resolution, shall provide that the contractor shall execute to the municipal corporation a good and sufficient bond, as provided in Part 3 of Article 3 of Chapter 91 of this title, and may also require a bond in an amount to be stated in the resolution for the maintenance ofthe good condition ofthe improvements for a period of not less than five years from the time of completion, in the discretion ofthe governing body. The resolution shall also direct the clerk ofthe municipal corporation to advertise for sealed proposals for furnishing the materials and performing the work necessary in making such improvements.'
SECTION 12. Said title is further amended by striking in its entirety Chapter 91, relating to public works bidding, and inserting in lieu thereof the following:
'CHAPTER 91 Article 1
36-91-1. This chapter shall be known and may be cited as the 'Georgia Local Government Public Works Construction Law.'
36-91-2. As used in this chapter, the term:
(1) 'Bid bond' means a bond with good and sufficient surety or sureties for the faithful acceptance ofthe contract payable to, in favor of, and for the protection of the governmental entity for which the contract is to be awarded. (2) 'Change order' means an alteration, addition, or deduction from the original scope of work as defined by the contract documents to address changes or unforeseen conditions necessary for project completion. (3) 'Competitive sealed bidding' means a method of soliciting public works construction contracts whereby the award is based upon the lowest responsive, responsible bid in conformance with the provisions of subsection (b) of Code Section 36-91-21. (4) 'Competitive sealed proposals' means a method of soliciting public works contracts whereby the award is based upon criteria identified in a request for proposals in conformance with the provisions ofsubsection (c) ofCode Section 36-91-21. (5) 'Emergency' means any situation resulting in imminent danger to the public health or safety or the loss of an essential governmental service. (6) 'Governing authority' means the official or group of officials responsible for governance of a governmental entity.

836______GENERAL ACTS AND RESOLUTIONS, VOL. I_______
(7) 'Governmental entity' means a county, municipal corporation, consolidated government, authority, board of education, or other public board, body, or commission but shall not include any authority, board, department, or commission of the state, or a public transportation agency as defined by Chapter 9 of Title 32. (8) 'Payment bond' means a bond with good and sufficient surety or sureties payable to the governmental entity for which the work is to be done and intended for the use and protection of all subcontractors and all persons supplying labor, materials, machinery, and equipment in the prosecution of the work provided for in the public works construction contract. (9) 'Performance bond' means a bond with good and sufficient surety or sureties for the faithful performance of the contract and to indemnify the governmental entity for any damages occasioned by a failure to perform the same within the prescribed time. Such bond shall be payable to, in favor of, and for the protection of the governmental entity for which the work is to be done. (10) 'Public works construction' means the building, altering, repairing, improving, or demolishing of any public structure or building or other public improvements of any kind to any public real property other than those projects covered by Chapter 4 of Title 32. Such term does not include the routine operation, repair, or maintenance of existing structures, buildings, or real property. (11) 'Responsible bidder' or 'responsible offeror' means a person or entity that has the capability in all respects to perform fully and reliably the contract requirements. (12) 'Responsive bidder' or 'responsive offeror' means a person or entity that has submitted a bid or proposal that conforms in all material respects to the requirements set forth in the invitation for bids or request for proposals. (13) 'Scope of project' means the work required by the original contract documents and any subsequent change orders required or appropriate to accomplish the intent of the project as described in the bid documents. (14) 'Scope of work' means the work that is required by the contract documents. (15) 'Sole source' means those procurements made pursuant to a written determination by a governing authority that there is only one source for the required supply, service, or construction item.
ARTICLE 2
36-91-20. (a) All public works construction contracts subject to this chapter entered into by a governmental entity with private persons or entities shall be in writing and on file and available for public inspection at a place designated by such governmental entity. Municipalities and consolidated governments shall execute

____________GEORGIA LAWS 2001 SESSION__________837
and enter into contracts in the manner provided in applicable local legislation or by ordinance. (b) Prior to entering into a public works construction contract other than those exempted by Code Section 36-91-22, a governmental entity shall publicly advertise the contract opportunity. Such notice shall be posted conspicuously in the governing authority's office and shall be advertised in the legal organ of the county or by electronic means on an Internet website of the governmental entity or an Internet website identified by the governmental entity. Contract opportunities shall be advertised a minimum of two times, with the first advertisement occurring at least four weeks prior to the opening of the sealed bids or proposals. The second advertisement shall follow no earlier than two weeks from the first advertisement. Plans and specifications shall be available on the first day of the advertisement and shall be open to inspection by the public. The advertisement shall include such details and specifications as will enable the public to know the extent and character of the work to be done. All required notices of advertisement shall also advise of any mandatory prequalification requirements or pre-bid conferences as well as any federal requirements pursuant to subsection (d) of Code Section 36-91-22. (c) Governmental entities are authorized to utilize any construction delivery method, provided that all public works construction contracts subject to the requirements of this chapter that:
(1) Place the bidder or offerer at risk for construction; and (2) Require labor or building materials in the execution of the contract shall be awarded on the basis of competitive sealed bidding or competitive sealed proposals. Governmental entities shall have the authority to reject any and all bids or proposals and to waive technicalities and informalities. (d) No governmental entity shall issue or cause to be issued any addenda modifying plans and specifications within a period of 72 hours prior to the advertised time for the opening bids or proposals, excluding Saturdays, Sundays, and legal holidays. However, if the necessity arises to issue an addendum modifying plans and specifications within the 72 hour period prior to the advertised time for the opening of bids or proposals, excluding Saturdays, Sundays, and legal holidays, then the opening of bids or proposals shall be extended at least 72 hours, excluding Saturdays, Sundays, and legal holidays, from the date of the original bid or proposal opening without need to readvertise as required by subsection (b) of this Code section. (e) Bid and contract documents may contain provisions authorizing the issuance of change orders, without the necessity of additional requests for bids or proposals, within the scope of the project when appropriate or necessary in the performance of the contract. Change orders may not be used to evade the purposes of this article. (f) Any governmental entity may, in its discretion, adopt a process for mandatory prequalification of prospective bidders or offerers; provided, however, that: (1) Criteria for prequalification must be reasonably related to the project or the quality of work;

838______GENERAL ACTS AND RESOLUTIONS, VOL. I______
(2) Criteria for prequalification must be available to any prospective bidder or offerer requesting such information; (3) Any prequalification process must include a method of notifying prospective bidders or offerers of the criteria for prequalification; and (4) Any prequalification process must include a procedure for a disqualified bidder to respond to his or her disqualification to a representative of the governmental entity; provided, however, that such procedure shall not be construed to require the governmental entity to provide a formal appeals procedure.
36-91-21. (a) It shall be unlawful to let out any public works construction contracts subject to the requirements ofthis chapter without complying with the competitive award requirements contained in this Code section. Any contractor who performs any work of the kind in any other manner and who knows that the public works construction contract was let out without complying with the notice and competitive award requirements of this chapter shall not be entitled to receive any payment for such work. (b) Any competitive sealed bidding process shall comply with the following requirements:
(1) The governmental entity shall publicly advertise an invitation for bids; (2) Bidders shall submit sealed bids based on the criteria set forth in such invitation; (3) The governmental entity shall open the bids publicly and evaluate such bids without discussions with the bidders; and (4) The contract shall be awarded to the lowest responsible and responsive bidder whose bid meets the requirements and criteria set forth in the invitation for bids; provided, however, that if the bid from the lowest responsible and responsive bidder exceeds the funds budgeted for the public works construction contract, the governmental entity may negotiate with such apparent low bidder to obtain a contract price within the budgeted amount. Such negotiations may include changes in the scope of work and other bid requirements. (c)( 1) In making any competitive sealed proposal, a governmental entity shall:
(A) Publicly advertise a request for proposals, which request shall include conceptual program information in the request for proposals describing the requested services in a level of detail appropriate to the project delivery method selected for the project, as well as the relative importance of the evaluation factors; (B) Open all proposals received at the time and place designated in the request for proposals so as to avoid disclosure of contents to competing offerers during the process of negotiations; and (C) Make an award to the responsible and responsive offerer whose proposal is determined in writing to be the most advantageous to the governmental entity, taking into consideration the evaluation factors set forth

____________GEORGIA LAWS 2001 SESSION___________839
in the request for proposals. The evaluation factors shall be the basis on which the award decision is made. The contract file shall indicate the basis on which the award is made. (2) As set forth in the request for proposals, offerors submitting proposals may be afforded an opportunity for discussion, negotiation, and revision of proposals. Discussions, negotiations, and revisions may be permitted after submission of proposals and prior to award for the purpose of obtaining best and final offers. In accordance with the request for proposals, all responsible offerors found by the governmental entity to have submitted proposals reasonably susceptible of being selected for award shall be given an opportunity to participate in such discussions, negotiations, and revisions. During the process of discussion, negotiation, and revision, the governmental entity shall not disclose the contents of proposals to competing offerors. (d) Whenever a public works construction contract for any governmental entity subject to the requirements of this chapter is to be let out by competitive sealed bid or proposal, no person, by himself or herself or otherwise, shall prevent or attempt to prevent competition in such bidding or proposals by any means whatever. No person who desires to procure such work for himself or herself or for another shall prevent or endeavor to prevent anyone from making a bid or proposal therefor by any means whatever, nor shall such person so desiring the work cause or induce another to withdraw a bid or proposal for the work. (e) Before commencing the work, any person who procures such public work by bidding or proposal shall make an oath in writing that he or she has not directly or indirectly violated subsection (d) of this Code section. The oath shall be filed by the officer whose duty it is to make the payment. If the contractor is a partnership, all of the partners and any officer, agent, or other person who may have represented or acted for them in bidding for or procuring the contract shall also make the oath. If the contractor is a corporation, all officers, agents, or other persons who may have acted for or represented the corporation in bidding for or procuring the contract shall make the oath. If such oath is false, the contract shall be void, and all sums paid by the governmental entity on the contract may be recovered by appropriate action. (f) If any member of a governmental entity lets out any public works construction contract subject to the requirements of this article and receives, takes, or contracts to receive or take, either directly or indirectly, any part of the pay or profit arising out of any such contract, he or she shall be guilty of a misdemeanor. (g) No public works construction contract with a governing authority shall be valid for any purpose unless the contractor shall comply with all bonding requirements of this chapter. No such contract shall be valid if any governmental entity lets out any public works construction contract subject to the requirements of this chapter without complying with the requirements of this chapter.

840______GENERAL ACTS AND RESOLUTIONS, VOL. I_______
36-91-22. (a) The requirements ofthis chapter shall not apply to public works construction projects, when the same can be performed at a cost of less than $100,000.00. Public works construction projects shall not be subdivided in an effort to evade the provisions of this chapter. (b) Any governmental entity having a correctional institution shall have the power and authority to purchase material for and use inmate labor in performing public works construction projects; and in such cases, this chapter shall not apply. Any governmental entity may contract with a governmental entity having a correctional institution for the use of inmate labor from such institution and use the inmates in the performance of any public works construction project; and in such cases, this chapter shall not apply. (c) In the event that the labor used or to be used in a public works construction project is furnished at no expense by the state or federal government or any agency thereof, the governing authority shall have the power and authority to purchase material for such public works construction project and use the labor furnished free to the governmental entity; and in such case, this chapter shall not apply. (d) Where a public works construction contract involves the expenditure of tcderal assistance or funds, the receipt of which is conditioned upon compliance with federal laws or regulations regarding the procedures for awarding public works construction contracts, a governmental entity shall comply with such federal requirements and shall not be required to comply with the provisions of this chapter that differ from the federal requirements. The governmental entity shall provide notice that federal procedures exist for the award of such contracts in the advertisement required by subsection (b) of Code Section 36-91-20. The availability and location of such federal requirements shall be provided to any person requesting such information. (e) The requirements ofthis chapter shall not apply to public works construction projects necessitated by an emergency; provided, however, that the nature of the emergency shall be described in the minutes of the governing authority. Any contract let by a county pursuant to this subsection shall be ratified, as soon-as practicable, on the minutes of the governing authority, and the nature of the emergency shall be described therein. (f) Except as otherwise provided in Chapter 4 of Title 32, the requirements of this chapter shall not apply to public works construction projects subject to the requirements of Chapter 4 of Title 32. (g) The requirements ofthis chapter shall not apply to public works construction projects or any portion of a public works construction project self-performed by a governmental entity. If the governmental entity contracts with a private person or entity for a portion of such project, the provisions of this chapter shall apply to any such contract estimated to exceed $100,000.00. (h) The requirements of this chapter shall not apply to sole source public works construction contracts.

____________GEORGIA LAWS 2001 SESSION__________841
(i) The requirements of this chapter shall not apply to hospital authorities; provided, however, that a public works construction contract entered into by a hospital authority shall be subject to the requirements of this chapter if, in connection with such contract, the hospital authority either:
(1) Incurs indebtedness and secures such indebtedness by pledging amounts to be received by such authority from one or more counties or municipalities through an intergovernmental contract entered into in accordance with Code Section 31-7-85; or (2) Receives funds from the state or one or more counties or municipalities for the purpose of financing a public works construction project, which moneys are not for reimbursement of health services provided.
ARTICLE 3 Part 1
36-91-40. (a)(l) Any bid bond, performance bond, payment bond, or security deposit required for a public works construction contract shall be approved and filed with the treasurer or the person performing the duties usually performed by a treasurer of the obligee named therein. At the option of the governmental entity, if the surety named in the bond is other than a surety company authorized by law to do business in this state pursuant to a current certificate ofauthority to transact surety business by the Commissioner ofInsurance, such bond shall not be approved and filed unless such surety is on the United States Department of Treasury's list of approved bond sureties. (2) Any bid bond, performance bond, or payment bond required by this Code section shall be approved as to form and as to the solvency of the surety by an officer of the governmental entity negotiating the contract on behalf of the governmental entity. In the case of a bid bond, such approval shall be obtained prior to acceptance of the bid or proposal. In the case of payment bonds and performance bonds, such approval shall be obtained prior to the execution of the contract.
(b) Whenever, in the judgment of the obligee: (1) Any surety on a bid, performance, or payment bond has become insolvent; (2) Any corporate surety is no longer certified or approved by the Commissioner of Insurance to do business in the state; or (3) For any cause there are no longer proper or sufficient sureties on any or all of the bonds,
the obligee may require the contractor to strengthen any or all of the bonds or to furnish a new or additional bond or bonds within ten days. Thereupon, if so ordered by the obligee, all work on the contract shall cease unless such new or additional bond or bonds are furnished. If such bond or bonds are not furnished within such time, the obligee may terminate the contract and complete the same as the agent of and at the expense of the contractor and his or her sureties.

842______GENERAL ACTS AND RESOLUTIONS, VOL. I_______
Part 2
36-91-50. (a) Bid bonds shall be required for all public works construction contracts subject to the requirements of this article with estimated bids or proposals over $100,000.00; provided, however, that a governmental entity may require a bid bond for projects with estimated bids or proposals of $100,000.00 or less. (b) In the case of competitive sealed bids, except as provided in Code Sections 36-91-52 and 36-91-53, a bid may not be revoked or withdrawn until 60 days after the time set by the governmental entity for opening of bids. Upon expiration of this time period, the bid will cease to be valid, unless the bidder provides written notice to the governmental entity prior to the scheduled expiration date that the bid will be extended for a time period specified by the governmental entity. (c) In the case of competitive sealed proposals, the governmental entity shall advise offerers in the request for proposals of the number of days that offerers will be required to honor their proposals; provided, however, that if an offerer is not selected within 60 days of opening the proposals, any offerer that is determined by the governmental entity to be unlikely of being selected for contract award shall be released from his or her proposal. (d) If a governmental entity requires a bid bond for any public works construction contract, no bid or proposal for a contract with the governmental entity shall be valid for any purpose unless the contractor shall give a bid bond with good and sufficient surety or sureties approved by the governing authority. The bid bond shall be in the amount of not less than 5 percent of the total amount payable by the terms of the contract. No bid or proposal shall be considered if a proper bid bond or other security authorized in Code Section 36-91 -5 1 has not been submitted. The provisions of this subsection shall not apply to any bid or proposal for a contract that is required by law to be accompanied by a proposal guaranty and shall not apply to any bid or proposal for a contract with any public agency or body which receives funding from the United States Department of Transportation and which is primarily engaged in the business of public transportation.
36-91-51. (a) In lieu of the bid bond provided for in Code Section 36-91-50, the governmental entity may accept a cashier's check, certified check, or cash in the amount of not less than 5 percent of the total amount payable by the terms of the contract payable to and for the protection of the governmental entity for which the contract is to be awarded. (b) When the amount of any bid bond required under this article does not exceed $300,000.00, the governmental entity may, in its sole discretion, accept an irrevocable letter of credit issued by a bank or savings and loan association, as defined in Code Section 7-1 -4, in the amount of and in lieu of the bond otherwise required under Code Section 36-91-50.

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36-91-52. (a) As used in this Code section, the term 'bid' includes proposal and the term 'bidder' includes offerer. (b) Any governmental entity receiving bids subject to this article shall permit a bidder to withdraw a bid from consideration after the bid opening without forfeiture of the bid security if the bidder has made an appreciable error in the calculation of his or her bid and if:
(1) Such error in the calculation of his or her bid can be documented by clear and convincing written evidence; (2) Such error can be clearly shown by objective evidence drawn from inspection of the original work papers, documents, or materials used in the preparation of the bid sought to be withdrawn; (3) The bidder serves written notice upon the governmental entity which invited proposals for the work prior to the award of the contract and not later than 48 hours after the opening of bids, excluding Saturdays, Sundays, and legal holidays; (4) The bid was submitted in good faith and the mistake was due to a calculation or clerical error, an inadvertent omission, or a typographical error as opposed to an error in judgment; and (5) The withdrawal of the bid will not result in undue prejudice to the governmental entity or other bidders by placing them in a materially worse position than they would have occupied if the bid had never been submitted. (c) In the event that an apparent successful bidder has withdrawn his or her bid as provided in subsection (b) of this Code section, action on the remaining bids should be considered as though the withdrawn bid had not been received. In the event the project is relet for bids, under no circumstances shall a bidder who has filed a request to withdraw a bid be permitted to resubmit a bid for the work. (d) No bidder who is permitted to withdraw a bid pursuant to subsection (b) of this Code section shall for compensation supply any material or labor to, or perform any subcontract or other work agreement for, the person or firm to whom the contract is awarded or otherwise benefit, directly or indirectly, from the performance of the project for which the withdrawn bid was submitted.
36-91-53. (a) As used in this Code section, the term:
(1) 'Affiliated corporation' means, with respect to any corporation, any other corporation related thereto:
(A) As a parent corporation; (B) As a subsidiary corporation; (C) As a sister corporation; (D) By common ownership or control; or (E) By control of one corporation by the other. (2) The term 'bid' includes proposals. (b) In any case where two or more affiliated corporations bid for a contract under this Code section and any one or more of such affiliated corporations

844______GENERAL ACTS AND RESOLUTIONS, VOL. I________
subsequently rescind or revoke their bid or bids in favor ofanother such affiliated corporation whose bid is for a higher amount and the contract is awarded at such higher amount to such other affiliated corporation, then the bid bond, proposal guaranty, or other security otherwise required under this article of each affiliated corporation rescinding or revoking its bid shall be forfeited.
36-91-54. The obligee in any bid bond required to be given in accordance with this article shall be entitled to maintain an action thereon at any time upon any breach of such bond; provided, however, that no action may be instituted on the bonds or security deposits after one year from the completion of the contract and the acceptance of the public work by the governmental entity.
Part 3
36-91-70. Performance bonds shall be required for all public works construction contracts subject to the requirements of this chapter with an estimated contract amount greater than $100,000.00; provided, however, that a governmental entity may require a performance bond for public works construction contracts that are estimated at $100,000.00 or less. No public works construction contract requiring a performance bond shall be valid for any purpose unless the contractor shall give such performance bond. The performance bond shall be in the amount of at least the total amount payable by the terms of the contract and shall be increased as the contract amount is increased.
36-91-71. When the amount of the performance bond required under this article does not exceed $300,000.00 the governmental entity may, in its sole discretion, accept an irrevocable letter of credit by a bank or savings and loan association, as defined in Code Section 7-1-4, in the amount of and in lieu of the bond otherwise required under this article.
36-91-72. The obligee in any performance bond required to be given in accordance with this article shall be entitled to maintain an action thereon at any time upon any breach of such bond; provided, however, no action can be instituted on the bonds or security deposits after one year from the completion of the contract and the acceptance of the public work by the governmental entity.
Part 4
36-91-90. Payment bonds shall be required for all public works construction contracts subject to the requirements of this chapter with an estimated contract amount

____________GEORGIA LAWS 2001 SESSION___________845
greater than $100,000.00; provided, however, that a governmental entity may require a payment bond for public works construction contracts that are estimated at $100,000.00 or less. No public works construction contract requiring a payment bond shall be valid for any purpose, unless the contractor shall give such payment bond; provided, however, that, in lieu of such payment bond, the governmental entity, in its discretion, may accept a cashier's check, certified check, or cash for the use and protection of all subcontractors and all persons supplying labor, materials, machinery, and equipment in the prosecution of work provided in the contract. The payment bond or other security accepted in lieu of a payment bond shall be in the amount of at least the total amount payable by the terms of the initial contract and shall be increased if requested by the governmental entity as the contract amount is increased.
36-91-91. If a payment bond or security deposit is not taken in the manner and form required in this article, the corporation or body for which work is done under the contract shall be liable to all subcontractors and to all persons furnishing labor, skill, tools, machinery, or materials to the contractor or subcontractor thereunder for any loss resulting to them from such failure. No agreement, modification, or change in the contract, change in the work covered by the contract, or extension of time for the completion of the contract shall release the sureties of such payment bond.
36-91-92. (a) The contractor furnishing the payment bond or security deposit shall post on the public works construction site and file with the clerk of the superior court in the county in which the site is located a notice of commencement no later than 15 days after the contractor physically commences work on the project and supply a copy ofthe notice ofcommencement to any subcontractor, materialman, or person who makes a written request of the contractor. Failure to supply a copy of the notice of commencement within ten calendar days of receipt of the written request from the subcontractor, materialman, or person shall render the provisions of paragraph (1) of subsection (a) of Code Section 36-91-93 inapplicable to the subcontractor, materialman, or person making the request. The notice of commencement shall include:
(1) The name, address, and telephone number of the contractor; (2) The name and location of the public work being constructed or a general description of the improvement; (3) The name and address of the governmental entity that is contracting for the public works construction; (4) The name and address of the surety for the performance and payment bonds, if any; and (5) The name and address of the holder of the security deposit provided, if any.

846______GENERAL ACTS AND RESOLUTIONS, VOL. I________
(b) The failure to file a notice of commencement shall render the notice to contractor requirements of paragraph (1) of subsection (a) of Code Section 36-91-93 inapplicable. (c) The clerk of the superior court shall file the notice of commencement within the records of that office and maintain an index separate from other real estate records or an index with the preliminary notices specified in subsection (a) of Code Section 44-14-361.3. Each such notice of commencement shall be indexed under the name of the governmental entity and the name of the contractor as contained in the notice of commencement.
36-91-93. (a) Every person entitled to the protection of the payment bond or security deposit required to be given who has not been paid in full for labor or material furnished in the prosecution of the work referred to in such bond or security deposit before the expiration of a period of 90 days after the day on which the last of the labor was done or performed by such person or the material or equipment or machinery was furnished or supplied by such person for which such claim is made, or when he or she has completed his or her subcontract for which claim is made, shall have the right to bring an action on such payment bond or security deposit for the amount, or the balance thereof, unpaid at the time of the commencement of such action and to prosecute such action to final execution and judgment for the sum or sums due such person; provided, however, that:
(1) Any person having a direct contractual relationship with a subcontractor but no contractual relationship, express or implied, with the contractor furnishing such payment bond or security deposit on a public works construction project where the contractor has not complied with the notice of commencement requirements shall have the right of action upon the payment bond or security deposit upon giving written notice to the contractor within 90 days from the day on which such person did or performed the last of the labor or furnished the last of the material or machinery or equipment for which such claim is made, stating with substantial accuracy the amount claimed and the name ofthe party to whom the material was furnished or supplied or for whom the labor was performed or done. The notice to the contractor may be served by registered or certified mail, postage prepaid, or statutory overnight delivery, duly addressed to the contractor, at any place at which the contractor maintains an office or conducts his or her business or at his or her residence, by depositing such notice in any post office or branch post office or any letter box under the control ofthe United States Postal Service; alternatively, notice may be served in any manner in which the sheriffs of this state are authorized by law to serve summons or process; and (2) Any person having a direct contractual relationship with a subcontractor but no contractual relationship, express or implied, with the contractor furnishing such payment bond or security deposit on a public works construction project where the contractor has complied with the notice of

____________GEORGIA LAWS 2001 SESSION__________847
commencement requirements in accordance with subsection (a) of Code Section 36-91 -92 shall have the right ofaction on the payment bond or security deposit, provided that such person shall, within 30 days from the filing of the notice of commencement or 30 days following the first delivery of labor, material, machinery, or equipment, whichever is later, give to the contractor a written notice setting forth:
(A) The name, address, and telephone number of the person providing labor, material, machinery, or equipment; (B) The name and address of each person at whose instance the labor, material, machinery, or equipment is being furnished; (C) The name and the location of the public works construction site; and (D) A description of the labor, material, machinery, or equipment being provided and, if known, the contract price or anticipated value of the labor, material, machinery, or equipment to be provided or the amount claimed to be due, if any. (b) Nothing contained in this Code section shall limit the right of action of a person entitled to the protection of the payment bond or security deposit required to be given pursuant to this article to the 90 day period following the day on which such person did or performed the last of the labor or furnished the last of the material or machinery or equipment for which such claim is made. (c) Every action instituted under this Code section shall be brought in the name of the claimant without making the governmental entity for which the work was done or was to be done a party to such action.
36-91-94. The official who has the custody of the bond or security deposit required by this article is authorized and directed to furnish to any person making application therefor a copy of the bond or security deposit agreement and the contract for which it was given, certified by the official who has custody of the bond or security deposit. With his or her application, such person shall also submit an affidavit that he or she has supplied labor or materials for such work and that payment therefor has not been made or that he or she is being sued on any such bond or security deposit. Such copy shall be primary evidence of the bond or security deposit and contract and shall be admitted in evidence without further proof. Applicants shall pay for such certified copies and such certified statements such fees as the official fixes to cover the cost of preparation thereof, provided that in no case shall the fee fixed exceed the fees which the clerks ofthe superior courts are permitted to charge for similar copies.
36-91-95. No action can be instituted on the payment bonds or security deposits after one year from the completion of the contract and the acceptance of the public works construction by the proper public authorities. Every action instituted under this article shall be brought in the name of the claimant, without the governmental

848______GENERAL ACTS AND RESOLUTIONS, VOL. 1________
entity for which the work was done or was to be done being made a party thereto.'
SECTION 13. Code Section 50-18-72 ofthe Official Code ofGeorgia Annotated, relating to when public disclosure is not required and the disclosure of exempting legal authority, is amended by striking in its entirety paragraph (6) of subsection (a) and inserting in lieu thereof the following:
*(6)(A) Real estate appraisals, engineering or feasibility estimates, or other records made for or by the state or a local agency relative to the acquisition of real property until such time as the property has been acquired or the proposed transaction has been terminated or abandoned; and (B) Engineers' cost estimates and pending, rejected, or deferred bids or proposals until such time as the final award of the contract is made, or the project is terminated or abandoned. The provisions of this subparagraph shall apply whether the bid or proposal is received or prepared by the Department of Transportation pursuant to Article 4 of Chapter 2 of Title 32, by a county pursuant to Article 3 of Chapter 4 of Title 32, by a municipality pursuant to Article 4 of Chapter 4 of Title 32, or by a governmental entity pursuant to Article 2 of Chapter 91 of Title 36;*
SECTION 14. All laws and parts of laws in conflict with this Act are repealed.
Approved April 27, 2001.
PUBLIC UTILITIES AND PUBLIC TRANSPORTATION TELECOMMUNICATIONS AND CABLE SERVICES; PUBLIC PAY TELEPHONES.
Code Sections 46-5-2 and 46-5-3 Amended. Code Section 46-5-6 Enacted.
No. 262 (House Bill No. 521).
AN ACT
To amend Article 1 of Chapter 5 of Title 46 of the Official Code of Georgia Annotated, relating to general provisions relative to telephone and telegraph service, so as to provide for the computation of civil damages for theft of telecommunications and cable services; to provide that the Public Service Commission shall have the exclusive power and authority to prescribe rules and

____________GEORGIA LAWS 2001 SESSION__________849
regulations for the operation, maintenance, location, and deployment of public pay telephones within the state; 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 46 of the Official Code of Georgia Annotated, relating to general provisions relative to telephone and telegraph service, is amended by striking Code Section 46-5-2, relating to avoiding or attempting to avoid charges for use of telecommunications services, and inserting in lieu thereof the following:
'46-5-2.
(a) It shall be unlawful for any person to avoid or attempt to avoid or to cause another to avoid the lawful charges, in whole or in part, for any telecommunication service as defined in subsection (a) of Code Section 46-5-3 or for the transmission of a message, signal, or other communication by telephone or telegraph or over telecommunication or telegraph facilities by the use of any fraudulent scheme, means, or method, or by the use of any unlawful telecommunication device as defined in subsection (a) of Code Section 46-5-3 or other mechanical, electric, or electronic device; provided, however, that this Code section and Code Sections 46-5-3 and 46-5-4 shall not apply to amateur radio repeater operation involving a dial interconnect.
(b)(l) Except as otherwise provided in paragraph (2) of this subsection, any person who violates this Code section shall be guilty of a misdemeanor; provided, however, that upon conviction of a second or subsequent such offense under this Code section, the defendant commits a felony and shall be punished by a fine of not more than $5,000.00 or imprisoned for not less than one nor more than five years, or both. (2) Any person who violates this Code section by avoiding or causing another to avoid lawful charges for any telecommunication service which lawful charges are in an amount in excess of $10,000.00 commits a felony and shall be punished by a fine of not more than $5,000.00 or imprisoned for not less than one nor more than five years, or both. (3) The court may, in addition to any other sentence authorized by law, order a person convicted under this Code section to make restitution for the offense. (4) Any person, corporation, or other entity aggrieved by a violation of this Code section may, in a civil action in any court of competent jurisdiction, obtain appropriate relief, including preliminary and other equitable or declaratory relief, compensatory and punitive damages, reasonable investigation expenses, cost of suit, and reasonable attorney's fees. (5) Compensatory damages awarded by a court in a civil action under this Code section shall be computed as one of the following:
(A) At any time prior to the entering of a final judgment, the complaining party may elect to recover the actual damages suffered by the complaining party as a result of the violation of this Code section;

850______GENERAL ACTS AND RESOLUTIONS, VOL. I_______
(B) In any case where a violator commits more than one violation of this Code section, the complaining party, at any time before final judgment is entered, may elect to recover, in lieu of actual damages, an award of statutory damages for all violations involved in the action in a sum not less than $250.00 nor more than $10,000.00 per violation. The amount of statutory damages shall be determined by the court as the court considers just; (C) In any case where the court finds that any of the violations of this Code section were committed willfully and for the purposes of commercial advantage or financial gain, the court in its discretion may increase the award of damages, whether actual or statutory, by an amount of not more than $50,000.00; or (D) Nothing in paragraph (5) of this subsection shall prohibit the recovery of other types of damages otherwise authorized under paragraph (4) of this subsection."
SECTION 2. Said article is further amended by striking Code Section 46-5-3, relating to making, possessing, selling, allowing use of, or publishing assembly plans for devices, equipment, or apparatus for committing theft oftelecommunications services or for concealing origin or destination of any telecommunication, and inserting in lieu thereof the following:
'46-5-3.
(a) As used in this Code section the term: (1) Telecommunication service' means any service provided for a charge or compensation to facilitate the origination, transmission, emission, or reception of signs, signals, data, writings, images, sounds, or intelligence of any nature by telephone or telephone service, including public pay telephones, or cable television service (CATV), including cellular or other wireless telephones, wire, radio, electromagnetic, photoelectronic, or photo-optical system. (2) Telecommunication service provider' means a person, corporation, or other entity which provides telecommunication service, including public pay telephones and including a cellular, paging, or other wireless communications company or other person, corporation, or entity which, for a fee, supplies the facility, cell site, mobile telephone switching office, or other equipment or telecommunication service. (3) 'Unlawful telecommunication device' means any telecommunications device that is capable, or has been illegally altered, modified, or programmed or reprogrammed alone or in conjunction with another access device or other equipment so as to be capable, of acquiring or facilitating the acquisition of any electronic serial number, mobile identification number, personal identification number, or any telecommunication service without the consent ofthe telecommunication service provider or without the consent ofthe legally authorized user of the telecommunication device. The term includes telecommunications devices altered to obtain service without the consent ofthe

____________GEORGIA LAWS 2001 SESSION__________851
telecommunication service provider, tumbler phones, counterfeit or clone microchips, scanning receivers of wireless telecommunication service of a telecommunication service provider, and other instruments capable of disguising their identity or location or of gaining access to a communications system operated by a telecommunication service provider. Such term shall not apply to any device operated by a law enforcement agency or telecommunication service provider in the normal course of its activities, (b) It shall be unlawful for any person knowingly to: (1) Make or possess any unlawful telecommunication device designed, adapted, or used:
(A) For commission of a theft of telecommunication service in violation of Code Section 46-5-2 or to acquire or facilitate the acquisition of telecommunications service without the consent of the telecommunication service provider; or (B) To conceal, or to assist another to conceal, from any supplier of telecommunication service or from any lawful authority the existence or place of origin or of destination of any telecommunication; (2) Sell, give, transport, or otherwise transfer to another, or offer or advertise for sale, any unlawful telecommunication device, or plans or instructions for making or assembling the same, under circumstances evincing an intent to use or employ such unlawful telecommunication device; or to allow such unlawful telecommunication device to be used or employed for a purpose described in paragraph (1) ofthis subsection or knowing or having reason to believe that the same is intended to be so used or that the aforesaid plans or instructions are intended to be used for making or assembling such unlawful telecommunication device; or (3) Publish plans or instructions for making or assembling or using any unlawful telecommunication device. (c)(l) Any person who violates this Code section shall be guilty of a felony and, upon conviction thereof, shall be punished by a fine of not more than $1,000.00 or by imprisonment in the penitentiary for not less than one nor more than five years, or both; provided, however, that upon conviction of a second or subsequent such offense under this Code section, the defendant shall be punished by a fine of not more than $5,000.00 or imprisoned for not less than three nor more than ten years, or both. (2) The court may, in addition to any other sentence authorized by law, order a person convicted under this Code section to make restitution for the offense. (3) Any person, corporation, or other entity aggrieved by a violation of this Code section may, in a civil action in any court of competent jurisdiction, obtain appropriate relief, including preliminary and other equitable or declaratory relief, compensatory and punitive damages, reasonable investigation expenses, cost of suit, and reasonable attorney's fees. (4) Compensatory damages awarded by a court in a civil action under this Code section shall be computed as one of the following:

852______GENERAL ACTS AND RESOLUTIONS, VOL. I_______
(A) At any time prior to the entering of a final judgment, the complaining party may elect to recover the actual damages suffered by the complaining party as a result of the violation of this Code section; (B) In any case where a violator commits more than one violation of this Code section, the complaining party, at any time before final judgment is entered, may elect to recover, in lieu of actual damages, an award of statutory damages of not less than $250.00 nor more than $10,000.00 for each unlawful telecommunications device involved in the action. The amount of statutory damages shall be determined by the court as the court considers just; (C) In any case where the court finds that any of the violations of this Code section were committed willfully and for the purposes of commercial advantage or financial gain, the court in its discretion may increase the award of statutory damages by an amount of not more than $50,000.00 for each unlawful telecommunication device involved in the action; or (D) Nothing in paragraph (4) of this subsection shall prohibit the recovery of other types of damages otherwise authorized under paragraph (3) of this subsection."
SECTION 3. Said article is further amended by adding at the end thereof a new Code Section 46-5-6 to read as follows:
"46-5-6. The Public Service Commission shall have the exclusive power and authority to prescribe rules and regulations for the operation, maintenance, location, and deployment of public pay telephones within this state."
SECTION 4. All laws and parts of laws in conflict with this Act are repealed.
Approved April 27, 2001.
INSURANCE - HEALTH; NEUROLOGICAL DISORDERS; AUTISM.
Code Section 33-24-59.9 Enacted.
No. 263 (House Bill No. 565).
AN ACT
To amend Chapter 24 of Title 33 of the Official Code of Georgia Annotated, relating to insurance generally, so as to provide that accident and sickness contracts, policies, and benefit plans that provide coverage for neurological disorders shall not

____________GEORGIA LAWS 2001 SESSION__________853
deny such benefits based upon a diagnosis of autism; to provide definitions; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Chapter 24 of Title 33 of the Official Code of Georgia Annotated, relating to insurance generally, is amended by adding a new Code Section 33-24-59.9 to read as follows:
'33-24-59.9. (a) As used in this Code section, the term:
(1) 'Accident and sickness contract, policy, or benefit plan' shall have the same meaning as found in Code Section 33-24-59.1. Accident and sickness contract, policy, or benefit plan shall also include without limitation any health benefit plan established pursuant to Article 1 of Chapter 18 of Title 45. (2) 'Autism' means a developmental neurological disorder, usually appearing in the first three years of life, which affects normal brain functions and is manifested by compulsive, ritualistic behavior and severely impaired social interaction and communication skills. (b) An insurer that provides benefits for neurological disorders, whether under a group or individual accident and sickness contract, policy, or benefit plan, shall not deny providing benefits in accordance with the conditions, schedule of benefits, limitations as to type and scope oftreatment authorized for neurological disorders, exclusions, cost-sharing arrangements, or copayment requirements which exist in such contract, policy, or benefit plan for neurological disorders because of a diagnosis of autism. The provisions of this subsection shall not expand the type or scope of treatment beyond that authorized for any other diagnosed neurological disorder."
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.
Approved April 27, 2001.

854______GENERAL ACTS AND RESOLUTIONS, VOL. I________
CIVIL PRACTICE - JUDGMENTS; RULINGS ON MOTIONS; NOTICE WAIVER.
Code Sections 9-11-5 and 15-6-21 Amended.
No. 264 (House Bill No. 569).
AN ACT
To amend Code Section 9-11-5 ofthe Official Code ofGeorgia Annotated, relating to service and filing of pleadings subsequent to the original complaint, so as to provide that service ofjudgments is also not required when service is waived; to amend Code Section 15-6-21 of the Official Code of Georgia Annotated, relating to time for deciding, filing, and notification of motions, so as to provide that notification is not required when service has been waived by law; to provide for an effective date and applicability; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Code Section 9-11-5 of the Official Code of Georgia Annotated, relating to service and filing of pleadings subsequent to the original complaint, is amended by striking subsection (a) in its entirety and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) Except as otherwise provided in this chapter, every order required by its terms to be served, every pleading subsequent to the original complaint unless the court otherwise orders because of numerous defendants, every written motion other than one which may be heard ex parte, and every written notice, appearance, demand, offer ofjudgment, and similar paper shall be served upon each of the parties. However, the failure of a party to file pleadings in an action shall be deemed to be a waiver by him or her of all notices, including notices of time and place oftrial and entry ofjudgment, and all service in the action, except service of pleadings asserting new or additional claims for relief, which shall be served as provided by subsection (b) of this Code section."
SECTION 2. Code Section 15-6-21 of the Official Code of Georgia Annotated, relating to time for deciding, filing, and notification of motions, is amended by striking subsection (c) in its entirety and inserting in lieu thereof a new subsection (c) to read as follows:
*(c) When he or she has so decided, it shall be the duty of the judge to file his or her decision with the clerk of the court in which the cases are pending and to notify the attorney or attorneys of the losing party of his or her decision. Said

_____________GEORGIA LAWS 2001 SESSION___________855
notice shall not be required if such notice has been waived pursuant to subsection (a) of Code Section 9-11-5.'
SECTION 3. This Act shall become effective on July 1, 2001, and shall apply to judgments or decisions entered on and after that date.
SECTION 4. All laws and parts of laws in conflict with this Act are repealed.
Approved April 27, 2001.
REVENUE AND TAXATION - INCOME TAX; ALTERNATIVE CREDITS FOR PORT TRAFFIC INCREASE.
Code Section 48-7-40.15 Amended.
No. 265 (House Bill No. 609).
AN ACT
To amend Code Section 48-7-40.15 of the Official Code of Georgia Annotated, relating to alternative income tax credits for base year port traffic increases, so as to increase the amount of such credits; to remove certain limitations; to provide an effective date; to provide for applicability; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Code Section 48-7-40.15 of the Official Code of Georgia Annotated, relating to alternative income tax credits for base year port traffic increases, is amended by striking subsections (b) and (c) and inserting in their place new subsections (b) and (c) to read as follows:
*(b)( 1) In the case of any business enterprise which has increased its port traffic of products during the previous 12 month period by more than 10 percent above its base year port traffic and is qualified to claim a job tax credit under Code Section 48-7-40 for jobs added at any time on or after January 1, 1998, there shall be allowed an additional $1250.00 job tax credit against the tax imposed under this article. (2) The tax credit described in this subsection shall be allowed subject to the conditions and limitations set forth in Code Section 48-7-40 and shall be in addition to the credit allowed under Code Section 48-7-40; provided, however,

856______GENERAL ACTS AND RESOLUTIONS, VOL. I________
such credit shall not be allowed during a year ifthe port traffic does not remain above the minimum level established in this Code section, (c) In the case of any business enterprise which has increased its port traffic of products during the previous 12 month period by more than 10 percent above its base year port traffic and is qualified to claim a tax credit under Code Section 48-7-40.2, 48-7-40.3, 48-7-40.4, 48-7-40.7, 48-7-40.8, or 48-7-40.9 upon qualified investment property added at any time on or after January 1,1998, there shall be allowed a credit against the tax imposed under this article in an amount equal to the applicable percentage amount otherwise allowed under Code Section 48-7-40.2 or 48-7-40.7 to business enterprises for the cost of such property. The tax credit described in this subsection shall be allowed subject to the conditions and limitations set forth in Code Section 48-7-40.2 or 48-7-40.7, as applicable, except that such property may be placed in service in any county without regard to its tier designation. Such credit shall also be in lieu of and not in addition to the credit authorized under Code Sections 48-7-40.2, 48-7-40.3, 48-7-40.4, 48-7-40.7, 48-7-40.8, and 48-7-40.9."
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, 2001.
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.
Approved April 27, 2001.
PROPERTY - FORECLOSURE; ADVERTISEMENT.
Code Section 44-14-162 Amended.
No. 266 (House Bill No. 648).
AN ACT
To amend Article 7 of Chapter 14 of Title 44 of the Official Code of Georgia Annotated, relating to foreclosure in general, so as to provide that the advertisements of sales under power shall include recitals of certain conveyances and the names of the new owners after such conveyances; to require certain information to be in bold in advertisements of foreclosure; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes.

____________GEORGIA LAWS 2001 SESSION__________857
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Article 7 of Chapter 14 of Title 44 of the Official Code of Georgia Annotated, relating to foreclosure in general, is amended by striking Code Section 44-14-162, relating to advertisement and conduct of sales under power, and inserting in its place a new Code section to read as follows:
'44-14-162. No sale of real estate under powers contained in mortgages, deeds, or other lien contracts shall be valid unless the sale shall be advertised and conducted at the time and place and in the usual manner of the sheriffs sales in the county in which such real estate or a part thereof is located and unless notice of the sale shall have been given as required by Code Section 44-14-162.2. If the advertisement contains the street address, city, and ZIP Code of the property, such information shall be clearly set out in bold type. In addition to any other matter required to be included in the advertisement of the sale, if the property encumbered by the mortgage, security deed, or lien contract has been transferred or conveyed by the original debtor to a new owner and an assumption by the new owner of the debt secured by said mortgage, security deed, or lien contract has been approved in writing by the secured creditor, then the advertisement should also include a recital of the fact of such transfer or conveyance and the name of the new owner, as long as information regarding any such assumption is readily discernable by the foreclosing creditor. Failure to include such a recital in the advertisement, however, shall not invalidate an otherwise valid foreclosure sale.*
SECTION 2. This Act shall become effective July 1, 2001, and shall apply with respect to sales under power which are first advertised on or after that date.
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.
Approved April 27, 2001.

858_____GENERAL ACTS AND RESOLUTIONS, VOL. I________
CRIMES AND OFFENSES - RACKETEERING ACTIVITY.
Code Section 16-14-3 Amended.
No. 267 (House Bill No. 657).
AN ACT
To amend Code Section 16-14-3 of the Official Code of Georgia Annotated, relating to definitions applicable to the "Georgia RICO (Racketeer Influenced and Corrupt Organizations) Act," so as to change the definition of the term "pattern of racketeering activity" and thereby change the applicability and effect of said Act; to provide for related matters; to provide for an effective date, applicability, and construction; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Code Section 16-14-3 of the Official Code of Georgia Annotated, relating to definitions applicable to the "Georgia RICO (Racketeer Influenced and Corrupt Organizations) Act," is amended by striking paragraph (8) and inserting in its place a new paragraph to read as follows:
'(8) 'Pattern of racketeering activity' means engaging in at least two acts of racketeering activity in furtherance of one or more incidents, schemes, or transactions that have the same or similar intents, results, accomplices, victims, or methods of commission or otherwise are interrelated by distinguishing characteristics and are not isolated incidents, provided at least one of such acts occurred after July 1, 1980, and that the last of such acts occurred within four years, excluding any periods of imprisonment, after the commission of a prior act of racketeering activity.'
SECTION 2. This Act shall become effective July 1, 2001. This Act shall apply with respect to a pattern of racketeering activity where at least one act of racketeering activity occurs on or after that date. Prior law shall continue to apply with respect to a pattern of racketeering activity which does not include at least one act of racketeering activity occurring on or after that date.
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.
Approved April 27, 2001.

____________GEORGIA LAWS 2001 SESSION__________859
COURTS - JUVENILE COURTS; CHILD ADVOCATE; MOTION TO QUASH SUBPOENA.
Code Section 15-11-174 Amended.
No. 268 (House Bill No. 686).
AN ACT
To amend Code Section 15-11-174 of the Official Code of Georgia Annotated, relating to rights and powers of the child advocate for the protection of children, so as to provide for motions to quash subpoenas and judicial actions relating thereto; to provide for compliance; to provide for the confidentiality of certain information; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Code Section 15-11-174 of the Official Code of Georgia Annotated, relating to rights and powers of the child advocate for the protection of children, is amended by designating the existing material in that Code section as subsection (a) and adding immediately thereafter new subsections (b) and (c) to read as follows:
"(b)(l) Upon issuance by the advocate of a subpoena in accordance with this article for law enforcement investigative records concerning an ongoing investigation, the subpoenaed party may move a court with appropriate jurisdiction to quash said subpoena. (2) The court shall order a hearing on the motion to quash within 5 days of the filing of the motion to quash, which hearing may be continued for good cause shown by any party or by the court on its own motion. Subject to any right to an open hearing in contempt proceedings, such hearing shall be closed to the extent necessary to prevent disclosure of the identity of a confidential source; disclosure of confidential investigative or prosecution material which would endanger the life or physical safety or any person or persons; or disclosure of the existence ofconfidential surveillance, investigation, or grandjury materials or testimony in an ongoing criminal investigation or prosecution. Records, motions and orders relating to a motion to quash shall be kept sealed by the court to the extent and for the time necessary to prevent public disclosure of such matters, materials, evidence or testimony. (c) The court shall, at or before the time specified in the subpoena for compliance therewith, enter an order: (1) Enforcing the subpoena as issued; (2) Quashing or modifying the subpoena if it is unreasonable and oppressive; or (3) Conditioning enforcement of the subpoena on the advocate maintaining confidential any evidence, testimony, or other information obtained from law

860______GENERAL ACTS AND RESOLUTIONS. VOL. I________
enforcement or prosecution sources pursuant to the subpoena until the time the criminal investigation and prosecution are concluded. Unless otherwise ordered by the court, an investigation or prosecution shall be deemed to be concluded when the information becomes subject to public inspection pursuant to Code Section 50-18-72. The court shall include in its order written findings of fact and conclusions of law.'
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.
Approved April 27, 2001.
FIRE PROTECTION AND SAFETY - SMOKE DETECTORS IN NURSING HOMES.
Code Section 25-2-40 Amended.
No. 269 (House Bill No. 673).
AN ACT
To amend Chapter 2 ofTitle 25 ofthe Official Code ofGeorgia Annotated, relating to regulation of fire and other hazards, so as to provide for additional smoke detector requirements in nursing homes; to provide for criminal penalties; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Chapter 2 of Title 25 of the Official Code of Georgia Annotated, relating to regulation of fire and other hazards, is amended by striking Code Section 25-2-40, relating to smoke detector requirements, and inserting in its place a new Code Section 25-2-40 to read as follows:
"25-2-40. (a)(l) Except as otherwise provided in subsection (f) of this Code section, on and after July 1, 1987, every new dwelling and every new dwelling unit within an apartment, house, condominium, and townhouse and every motel, hotel, and dormitory shall be provided with an approved listed smoke detector installed in accordance with the manufacturer's recommendations and listing. (2) On and after July 1, 1994, every dwelling and every dwelling unit within an apartment, house, condominium, and townhouse and every motel, hotel, and dormitory which was constructed prior to July 1, 1987, shall have installed an approved battery operated smoke detector which shall be maintained in good

_____________GEORGIA LAWS 2001 SESSION___________861
working order unless any such building is otherwise required to have a smoke detector system pursuant to Code Section 25-2-13. (3) On and after July 1, 2001, every patient sleeping room of every nursing home shall be provided with no less than an approved listed battery operated single station smoke detector installed in accordance with their listing. Such detectors shall be maintained in good working order by the operator of such nursing home. This paragraph shall not apply to nursing homes equipped with automatic sprinkler systems. (b) In dwellings, dwelling units, and other facilities listed in subsection (a) of this Code section, a smoke detector shall be mounted on the ceiling or wall at a point centrally located in the corridor or area giving access to each group of rooms used for sleeping purposes. Where the dwelling or dwelling unit contains more than one story, detectors are required on each story including cellars and basements, but not including uninhabitable attics; provided, however, that hotels and motels which are protected throughout by an approved supervised automatic sprinkler system installed in accordance with the rules and regulations of the Commissioner shall be exempt from the requirement to install smoke detectors in interior corridors but shall be subject to all other applicable requirements imposed under Code Section 25-2-13. (c) In dwellings, dwelling units, and other facilities listed in paragraph (1) of subsection (a) of this Code section with split levels, a smoke detector need be installed only on the upper level, provided the lower level is less than one full story below the upper level, except that if there is a door between levels then a detector is required on each level. Such detectors shall be connected to a sounding device or other detector to provide an alarm which will be audible in the sleeping areas. (d) Detectors shall be listed and meet the installation requirements of NFPA 72. In addition, a one and one-half hour emergency power supply source is required on all detection systems required by this chapter and permitted after April 1, 1992, except where battery operated smoke detectors are allowed. (e) Any complete automatic fire alarm system using automatic smoke detectors shall be installed in accordance with NFPA 72. (f)(l) The provisions of this Code section may be enforced by local building and fire code officials in the case of residential buildings which are not covered by Code Section 25-2-13; provided, however, that this Code section shall not establish a special duty on said officials to inspect such residential facilities for compliance with this Code section; provided, further, that inspections shall not be conducted for the purpose of determining compliance with this Code section absent reasonable cause to suspect other building or fire code violations. The jurisdiction enforcing this Code section shall retain any fines collected pursuant to this subsection. (2) Any occupant who fails to maintain a smoke detector in a dwelling, dwelling unit, or other facility, other than a nursing home, listed in subsection (a) of this Code section in good working order as required in this

862______GENERAL ACTS AND RESOLUTIONS, VOL. I________
Code section shall be subject to a maximum fine of $25.00, provided that a warning shall be issued for a first violation. (3) Any operator of a nursing home who fails to install and maintain the smoke detectors required under paragraph (3) of subsection (a) of this Code section shall be sanctioned in accordance with Code Section 31-2-6. (g) Failure to maintain a smoke detector in good working order in a dwelling, dwelling unit, or other facility listed in subsection (a) of this Code section in violation of this Code section shall not be considered evidence of negligence, shall not be considered by the court on any question of liability of any person, corporation, or insurer, shall not be any basis for cancellation of coverage or increase in insurance rates, and shall not diminish any recovery for damages arising out of the ownership, maintenance, or occupancy of such dwelling, dwelling unit, or other facility listed in subsection (a) of this Code section, (h) The Safety Fire Commissioner is authorized and encouraged to inform the public through public service announcements of the availability of a limited number of battery operated smoke detectors which may be obtained by persons in need without charge from the office of the Safety Fire Commissioner or local fire departments."
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.
Approved April 27, 2001.
STATE GOVERNMENT- GEORGIA COMMISSION ON THE HOLOCAUST.
Code Section 50-12-133 Enacted.
No. 270 (House Bill No. 723).
AN ACT
To amend Article 8 of Chapter 12 of Title 50 of the Official Code of Georgia Annotated, relating to the Georgia Commission on the Holocaust, so as to provide for additional powers of the commission; 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 8 of Chapter 12 of Title 50 of the Official Code of Georgia Annotated, relating to the Georgia Commission on the Holocaust, is amended by adding a new

____________GEORGIA LAWS 2001 SESSION__________863
Code section at the end thereof, to be designated Code Section 50-12-133, to read as follows:
'50-12-133. The commission is authorized to solicit and accept donations, contributions, grants, bequests, gifts of money and property, facilities, or services, with or without consideration, from any person, firm, or corporation or from any state, county, municipal corporation, or local government or governing body to enable it to carry out its functions and purpose. The commission is prohibited from paying or compensating any member of the General Assembly, directly or indirectly, any amount in excess of expenses."
SECTION 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.
Approved April 27, 2001.
LOCAL GOVERNMENT - MUNICIPAL PROPERTY; TRANSFERS TO NONPROFIT RESOURCE CONSERVATION AND DEVELOPMENT
COUNCILS.
Code Section 36-37-6 Amended.
No. 271 (House Bill No. 115).
AN ACT
To amend Code Section 36-37-6 of the Official Code of Georgia Annotated, relating to disposition of municipal property generally, so as to authorize certain transfers of property to bona fide nonprofit resource conservation and development councils; 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 36-37-6 of the Official Code of Georgia Annotated, relating to disposition of municipal property generally, is amended by striking subsection (h) and inserting in its place a new subsection (h) to read as follows:

864______GENERAL ACTS AND RESOLUTIONS, VOL. I_______
*(h) Notwithstanding any provision of this Code section to the contrary or any other provision of law or ordinance to the contrary, whenever any municipal corporation determines that the establishment of a facility of the state or one of its authorities or other instrumentalities or of a bona fide nonprofit resource conservation and development council would be of benefit to the municipal corporation, by way of providing activities in an area in need of redevelopment, by continuing or enhancing local employment opportunities, or by other means or in other ways, such municipal corporation may sell or grant any of its real or personal property to the state or to any of its authorities or instrumentalities or to a bona fide nonprofit resource conservation and development council and, further, may sell or grant such lesser interests, rental agreements, licenses, easements, and other dispositions as it may determine necessary or convenient. These powers shall be cumulative of other powers and shall not be deemed to limit their exercise in any way."
SECTION 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.
Approved April 27, 2001.
PROFESSIONS AND BUSINESSES - LIBRARIANS; CONTINUING EDUCATION REQUIREMENTS.
Code Section 43-24-7 Enacted.
No. 272 (House Bill No. 388).
AN ACT
To amend Chapter 24 of Title 43 of the Official Code of Georgia Annotated, relating to the certification of librarians, so as to authorize the State Board for the Certification ofLibrarians to require continuing education as a condition ofrenewal of a librarian's certificate; to provide for the approval of continuing education programs and waivers; to authorize the board to promulgate regulations and appoint certain committees; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

____________GEORGIA LAWS 2001 SESSION__________865
SECTION 1. Chapter 24 of Title 43 of the Official Code of Georgia Annotated, relating to the certification of librarians, is amended by adding at the end thereof a new Code section, to be designated as Code Section 43-24-7, to read as follows:
"43-24-7. (a) The board shall be authorized to require persons holding a certificate under this chapter to complete board approved continuing education of not less that ten hours biennially as a condition of certificate renewal. The board shall be authorized to approve programs offered by professional associations, educational institutions, government agencies, and bibliographic utilities, and others as it deems appropriate. (b) The board shall be authorized to waive the continuing education requirement in cases of hardship, disability, or illness or under such other circumstances as the board deems appropriate. (c) The board shall be authorized to promulgate rules and regulations to implement and ensure compliance with the requirements of this Code section. (d) The board shall have the authority to appoint a committee or committees composed of certified librarians, as it deems appropriate, to administer, implement, and otherwise carry out the provisions of this chapter relating to continuing education."
SECTION 2. This Act shall become effective on July 1, 2001.
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.
Approved April 27, 2001.
GENERAL ASSEMBLY - LEGISLATIVE SERVICES COMMITTEE; REVIEW OF EXPENSE ALLOWANCES; MEETINGS.
Code Sections 28-1-8 and 28-4-1 Amended.
No. 273 (House Bill No. 700).
AN ACT
To amend Title 28 of the Official Code of Georgia Annotated, relating to the General Assembly, so as to provide that the Legislative Services Committee shall meet at least twice a year rather than at least once a quarter; to make a conforming change; to repeal conflicting laws; and for other purposes.

866______GENERAL ACTS AND RESOLUTIONS, VOL. I________
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Title 28 of the Official Code of Georgia Annotated, relating to the General Assembly, is amended by striking paragraph (1) of subsection (b) of Code Section 28-1-8, relating to compensation of members of the General Assembly, and inserting in its place a new paragraph to read as follows:
"(b)(l) During regular and extraordinary sessions of the General Assembly, each member shall also receive a daily expense allowance. Each member shall also receive the mileage allowance for the use of a personal car when devoted to official business as provided for in Code Section 50-19-7, for not more than one round trip to and from the member's residence and the state capitol by the most practical route, per calendar week, or portion thereof, during each regular and extraordinary session. In the event a member travels by public carrier for any part of a round trip as provided above, such member shall receive a travel allowance of actual transportation costs for each such part in lieu of the mileage allowance. For each day's service within the state as a member of a standing committee or of an interim committee created by or pursuant to a resolution of either or both houses or as a member of a committee, board, bureau, commission, or other agency created by or pursuant to statute or the Constitution of Georgia, such member shall receive a daily expense allowance and the mileage allowance for the use of a personal car when devoted to official business as provided for in Code Section 50-19-7 or a travel allowance of actual transportation costs if traveling by public earner. Any such member shall also be reimbursed for any conference or meeting registration fee incurred in the performance of his or her official duties as a member of any committee, board, bureau, commission, or other agency. In the event it becomes necessary for a committee to rent a meeting room in the performance of the duties of the committee, the committee chairperson must have prior written approval of the President of the Senate or the Speaker of the House, or both, as the case may be, depending on the composition ofthe committee. The expense of such rental shall be billed to the committee. For each day's service out of state ^as a member of any committee, board, bureau, commission, or other agency, such member shall receive actual expenses as an expense allowance, plus the mileage allowance for the use of a personal car when devoted to official business as provided for in Code Section 50-19-7 or a travel allowance of actual transportation costs if traveling by public carrier or by rental motor vehicle. The amount of the daily expense allowances provided for in this paragraph shall be fixed by the Legislative Services Committee; provided, however, that the amount of the daily expense allowance shall remain at $75.00 until changed by the Legislative Services Committee. The Legislative Services Committee shall periodically review, and when appropriate revise, the amount of the daily expense allowance. The amount of the daily expense allowance shall be fixed by the Legislative Services Committee in an amount which reasonably corresponds to the housing and meal expenses typically

____________GEORGIA LAWS 2001 SESSION__________867
incurred by members in the performance of their duties; provided, however, that the amount so fixed shall not exceed the federal per diem rate in effect for the state capital as specified by the General Services Administration at the time that the committee acts.'
SECTION 2. Said title is further amended by striking subsection (c) of Code Section 28-4-1, relating to creation and operations of the Legislative Services Committee, and inserting in its place a new subsection to read as follows:
'(c) The committee shall meet at least twice during each calendar year. Additional meetings may be held upon the call ofthe chairperson or upon the call of a majority ofthe members ofthe committee. Nine members ofthe committee shall constitute a quorum and the affirmative vote ofa majority ofthose members present at a meeting ofthe committee, provided such members present constitute a quorum, shall be necessary to transact business of the committee. The chairperson shall be entitled to vote on all matters requiring a vote of the committee."
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.
Approved April 27, 2001.
PUBLIC OFFICERS AND EMPLOYEES - EMPLOYEE COMPUTER PURCHASING PROGRAM.
Code Section 50-25-7.9 Amended. Code Section 45-7-56 Enacted.
No. 274 (House Bill No. 725).
AN ACT
To amend Chapter 25 of Title 50 of the Official Code of Georgia Annotated, relating to the Georgia Technology Authority, so as to exempt certain employee purchase programs facilitated by the Georgia Technology Authority from the prohibition on personal purchases through the authority; to amend Article 3 of Chapter 7 of Title 45 of the Official Code of Georgia Annotated, relating to salary deductions, so as to authorize certain public employers to deduct designated amounts from the salaries or wages of its employees for the purpose of payment of indebtedness for certain employee purchase programs facilitated by and through the Georgia Technology Authority; to provide procedures, conditions, and limitations; to provide an effective date; to repeal conflicting laws; and for other purposes.

868______GENERAL ACTS AND RESOLUTIONS, VOL. I_______
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Chapter 25 of Title 50 of the Official Code of Georgia Annotated, relating to the Georgia Technology Authority, is amended by striking Code Section 50-25-7.9, relating to purchase of articles for personal or individual ownership, and inserting in lieu thereof a new Code Section 50-25-7.9 to read as follows:
"50-25-7.9.
(a) As used in this Code section, the term 'person' includes natural persons, firms, partnerships, corporations, or associations. (b) It shall be unlawful for any employee or official of the state or any other person to purchase, directly or indirectly, through the authority any article, material, merchandise, ware, commodity, or other thing of value for the personal or individual ownership of himself or herself or other person or persons. All articles, materials, merchandise, wares, commodities, or other things of value purchased, directly or indirectly, by or through the authority shall be and remain the property of the state until sold or disposed of by the state in accordance with the laws governing the disposition or sale of other state property. (c) It shall be unlawful for any person knowingly to sell or deliver any article, material, merchandise, ware, commodity, or other thing of value to any person, directly or indirectly, by or through the authority for the individual and personal ownership of such person or other person or persons except that property of the state may be sold or otherwise disposed of in accordance with the laws governing the sale or other disposition of state property. (d) Any person who violates any provision of this Code section shall be guilty of a misdemeanor. (e) This Code section shall not apply to any official employee purchase program for personal computing and computer related equipment facilitated by and through the authority for state employees and public school employees of county or independent boards of education."
SECTION 2. Article 3 of Chapter 7 of Title 45 of the Official Code of Georgia Annotated, relating to salary deductions, is amended by adding a new Code section at the end thereof, to be designated Code Section 45-7-56, to read as follows:
"45-7-56.
(a) As used in this Code section, the term 'local unit of administration' means any county or independent board of education. (b) It is the purpose of this Code section to permit voluntary deductions from wages or salaries of employees of the State of Georgia and local units of administration for the purchase of personal computing and computer related equipment through an employee purchase program facilitated by and through the Georgia Technology Authority. (c) Any department, agency, authority, or commission of the state or any local unit of administration is authorized to deduct designated amounts from the wages

____________GEORGIA LAWS 2001 SESSION__________869
or salaries from its employees for the purpose of facilitating employee purchases of personal computing and computer related equipment through an employee purchase program facilitated by and through the Georgia Technology Authority. No such deduction shall be made under this Code section without the express written and voluntary consent ofthe employee. Each such request shall designate the exact amount to be deducted. Any employee who has consented to a deduction is authorized to withdraw from such salary reduction with two weeks' written notice; provided, however, that such withdrawal shall not relieve any employee of any outstanding indebtedness incurred under such purchase program.
(d)(l) The fiscal authorities or other employees ofthe various departments or agencies of this state will not incur any liability for errors or omissions made in the performance of the agreement between the state and the employee. (2) The fiscal authorities or other employees of local units of administration will not incur any liability for errors or omissions made in the performance of the agreement between the local unit of administration and the employee. (3) Notwithstanding the provisions of paragraphs (1) and (2) of this subsection, this Code section does not confer immunity from criminal or civil liability for conversion, theft by conversion, theft by taking, theft by extortion, theft by deception, or any other intentional misappropriation of the money or property of another. (e) If a state employee or public school employee leaves employment, for any reason, and a balance is owing for the computer or equipment, then, in that event, the State or board of education, or the State Retirement System, shall have the right to deduct the balance owing from any funds under the control ofthe State, or board of education, or State Retirement System to which said employee would otherwise be entitled.'
SECTION 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 4. All laws and parts of laws in conflict with this Act are repealed.
Approved April 27, 2001.

870______GENERAL ACTS AND RESOLUTIONS, VOL. 1_______
STATE GOVERNMENT - METROPOLITAN AREA PLANNING AND DEVELOPMENT COMMISSIONS.
Code Section 50-8-101 Amended.
No. 278 (Senate Bill No. 67).
AN ACT
To amend Code Section 50-8-101 of the Official Code of Georgia Annotated, relating to books of accounts, population estimates, operating funds, and programs and budgets of metropolitan area planning and development commissions, so as to increase the amount of certain dues; to provide for future such increases; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. CodeSection 50-8-101 ofthe Official Code ofGeorgia Annotated, relating to books of accounts, population estimates, operating funds, and programs and budgets of metropolitan area planning and development commissions, is amended by striking paragraph (2) of subsection (b) and inserting in its place a new paragraph (2) to read as follows:
*(2) In addition to the amount required under paragraph (1) of this subsection, every county within the area and the most populous municipality within the area shall each provide the commission with an amount based upon the number of residents of that county or municipality, respectively, and determined as follows:
(A) Each county which has no portion of the most populous municipality within its boundary shall provide an amount determined by multiplying the number of persons residing in that county by the following per resident amounts based upon the appropriate calendar year specified:
2001 ................................................. 800
2002 ................................................. 900
2003 ................................................. $1.00 Calendar years subsequent to 2003 in accord with subparagraph (D) of this paragraph. (B) Each county which has some portion of the most populous municipality within its boundary shall provide an amount determined by multiplying the number of persons residing in the county but outside that most populous municipality by the per resident amount specified for the applicable calendar year under subparagraph (A) of this paragraph and shall also provide an

____________GEORGIA LAWS 2001 SESSION__________871
amount determined by multiplying the number of persons residing in the county inside that most populous municipality by the following per resident amounts based upon the appropriate calendar year specified:
2001 ................................................... 320
2002 ................................................... 360
2003 ................................................... 400 Calendar years subsequent to 2003 in accord with subparagraph (D) of this paragraph. (C) The most populous municipality shall provide an amount determined by multiplying the number of persons residing in the municipality by the following per resident amounts based upon the appropriate calendar year specified:
2001 ................................................... 480
2002 ................................................... 540
2003 ................................................... 600 Calendar years subsequent to 2003 in accord with subparagraph (D) of this paragraph. (D) For calendar years subsequent to 2003, increases in the amounts specified in subparagraphs (A), (B), and (C) ofthis paragraph shall be based upon increases in the Average Annual Consumer Price Index for All Urban Consumers for the Atlanta Metropolitan Statistical Area, hereafter referred to as CPI-U. Upon approval by the commission, the amount specified for calendar year 2003 in subparagraph (A) of this paragraph shall increase by 100 when the latest available CPI-U exceeds 110 percent of the CPI-U for the base year 2001. The commission may also approve additional 100 increases in the amount specified in subparagraph (A) of this paragraph whenever the latest available CPI-U exceeds 110 percent of the CPI-U that was the basis for the most recent increase in that amount. Each time the amount in subparagraph (A) of this paragraph increases by 100, then the amount in subparagraph (B) of this paragraph shall increase by 040 and the amount in subparagraph (C) of this paragraph shall increase by 060."
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.
Approved April 27, 2001.

872______GENERAL ACTS AND RESOLUTIONS, VOL. I________
INSURANCE - REHABILITATION OF INSURERS; REINSURERS.
Code Section 33-37-31 Amended.
No. 279 (Senate Bill No. 72).
AN ACT
To amend Article 3 of Chapter 37 of Title 33 of the Official Code of Georgia Annotated, relating to procedure for rehabilitation of insurers, so as to change the provisions relating to liability of reinsurers; to provide that reinsurance shall be payable under a contract or contracts reinsured by the assuming insurer on the basis of reported claims allowed by the liquidation court, without diminution because of the insolvency of the ceding insurer; to provide that such payments shall be made directly to the ceding insurer or to its domiciliary liquidator except under certain circumstances; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Article 3 of Chapter 37 of Title 33 of the Official Code of Georgia Annotated, relating to procedure for rehabilitation of insurers, is amended by striking in its entirety Code Section 33-37-31, relating to liability of reinsurers, and inserting in lieu thereof a new Code Section 33-37-31 to read as follows:
'33-37-31. The amount recoverable by the liquidator from reinsurers shall not be reduced as a result of the delinquency proceedings regardless of any provision in the reinsurance contract or other agreement. The reinsurance shall be payable under a contract or contracts reinsured by the assuming insurer on the basis of reported claims allowed by the liquidation court, without diminution because of the insolvency of the ceding insurer. Such payments shall be made directly to the ceding insurer or to its domiciliary liquidator except:
(1) Where the contract or other written agreement specifically provides for another payee of such reinsurance in the event of the insolvency of the ceding insurer; or (2) Where the assuming insurer, with the consent of the direct insured or insureds, has assumed such policy obligations of the ceding insurer as direct obligations of the assuming insurer to the payees under such policies and in substitution for the obligation of the ceding insurer to such payees.'
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.
Approved April 27, 2001.

____________GEORGIA LAWS 2001 SESSION__________873
STATE GOVERNMENT - ABOLISHMENT OF CERTAIN AUTHORITIES, BOARDS, COUNCILS, COMMISSIONS, AND COMMITTEES; CERTAIN
POWERS AND DUTIES TRANSFERRED.
Code Titles 12, 20, 30, 34, and 50 Amended.
No. 280 (Senate Bill No. 196).
AN ACT
To amend numerous and various provisions of the Official Code of Georgia Annotated, relating to certain authorities, advisory boards, councils, commissions, and committees, so as to provide for the abolishment of the Franklin D. Roosevelt Warm Springs Pools and Springs Site Commission, the Upper Savannah River Development Authority, the Resources Advisory Board of the Southeast River Basins, the Georgia Forest Research Council, the Georgia Hazardous Waste Management Authority, the advisory board of the Georgia Education Leadership Academy, the Environmental Education Council, the board of directors of the Georgia Education Trust, the Council on the Deaf, the Workers' Compensation Advisory Council, the Board of Boiler and Pressure Vessel Rules, the Advisory Board on Amusement Ride Safety, the Advisory Board on Carnival Ride Safety, the Georgia Hall of Fame Commission, and the Awards Committee of the Georgia Suggestion System; 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 6 of Chapter 3 of Title 12 of the Official Code of Georgia Annotated, relating to memorials, is amended by repealing and reserving Part 1 thereof, relating to the Franklin D. Roosevelt Warm Springs Pools and Springs Site Commission and related matters.
SECTION 2. Article 7 of Chapter 3 of Title 12 of the Official Code of Georgia Annotated, relating to public authorities, is amended by repealing and reserving Part 6 thereof, known as the "Upper Savannah River Development Authority Act."
SECTION 3. Article 5 of Chapter 5 of Title 12 of the Official Code of Georgia Annotated, relating to rivers and river basins, is amended by striking in its entirety Code Section 12-5-330, relating to the Resources Advisory Board, Southeast River Basins, and related matters, and inserting in its place the following:
'12-5-330. Reserved."

874______GENERAL ACTS AND RESOLUTIONS, VOL. I________
SECTION 4. Chapter 6 of Title 12 of the Official Code of Georgia Annotated, relating to forest resources and other plant life, is amended by repealing Code Sections 12-6-113, relating to the creation ofthe Georgia Forest Research Council; 12-6-114, relating to the appointment of members to the Georgia Forest Research Council; 12-6-115, relating to removal ofmembers ofthe Georgia Forest Research Council; 12-6-116, relating to the election of the chairman of the Georgia Forest Research Council; 12-6-117, relating to the establishment ofa quorum for the Georgia Forest Research Council; and 12-6-118, relating to meetings with the director of the State Forestry Commission and related matters.
SECTION 5. Chapter 8 of Title 12 of the Official Code of Georgia Annotated, relating to waste management, is amended by repealing and reserving Article 4 thereof, known as the "Georgia Hazardous Waste Management Authority Act."
SECTION 6. Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to quality basic education, is amended by striking in its entirety Code Section 20-2-231, relating to the Georgia Education Leadership Academy and related matters, and inserting in its place the following:
'20-2-231.
(a) The State Board of Education is authorized and directed to establish the Georgia Education Leadership Academy whose full-time personnel shall be employees of the Department of Education. The purpose of the Georgia Education Leadership Academy shall be to provide opportunities for public school leadership personnel to update and expand their leadership knowledge and skills. (b) The Georgia Education Leadership Academy shall use such approaches as are necessary to ensure the active participation of public school leadership personnel and their mastery and application of essential knowledge and skills. Such approaches shall include but are not limited to conducting seminars and workshops, awarding academic or staffdevelopment credit, and providing on-site technical assistance. Local governing boards are authorized to reimburse such administrators for actual expenses which result directly from participating in this program.'
SECTION 7. Said article is further amended by repealing in its entirety Code Section 20-2-322.1, relating to the Environmental Education Council and related matters, which reads as follows:
"20-2-322.1. (a) There is created within the Department of Education the Environmental Education Council. The membership of the council shall be composed of the State School Superintendent, the commissioner of natural resources or his

____________GEORGIA LAWS 2001 SESSION__________875
designee, the commissioner of community affairs or his designee, and members appointed as follows:
(1) The Governor shall appoint nine members as follows: (A) Two persons whose primary job responsibility is teaching science in the public schools of this state; (B) Two persons employed by the University System of Georgia, at least one of whom shall be a specialist in the field of ecology or environmental science; (C) One person representing a state-wide environmental organization; (D) Two persons representing the business community of this state; (E) One person representing the Georgia Municipal Association; and (F) One person representing the Association County Commissioners of Georgia; and
(2) The President of the Senate and the Speaker of the House of Representatives shall each appoint one member who shall not be a member of the General Assembly. (b) Seven members of the council shall constitute a quorum. (c) Vacancies shall be filled by the applicable appointing authority. All appointed members shall serve at the pleasure of the appointing authority. (d) The Governor shall appoint one member to serve as chairman. The chairman shall appoint one member to serve as secretary-treasurer. (e) The members of the council shall serve without compensation but shall be entitled to receive the travel allowance provided in Code Section 50-19-7 for travel in furtherance of this Code section. The Department of Education shall provide the council with such facilities and clerical and professional assistance as the department deems appropriate. All such expenses, facilities, and assistance shall be provided from funds appropriated to the department and shall be subject to the availability of such funding. (f) The council shall have the power and the duty to solicit and accept private funds and receive state funds to be used for grants to local school systems for programs and projects designed to enhance awareness of environmental issues among the kindergarten and primary and secondary education students m the state. (g) The council shall award the grants referred to in subsection (f) of this Code section pursuant to criteria established by rule or regulation; provided, however, that any such grant awarded shall be conditioned upon the recipient's providing matching funds in an amount equaling at least 20 percent of the amount of the grant. Such matching funds may consist in whole or in part of local private funds or in-kind donations. (h) The council shall advise the Governor, the State School Superintendent, and the Department of Education on curriculum materials and resource guides for environmental education, recycling, and composting awareness programs for kindergarten through grade 12, on the programs and projects utilized by the schools designed to enhance awareness of environmental education, and on

876______GENERAL ACTS AND RESOLUTIONS, VOL. I________
changes that the council deems advisable to improve and enhance environmental education in Georgia. (i) All funds received by the council shall be deposited in a banking institution in this state in a federally insured account. At the close of each fiscal year, the Department of Education shall cause an audit of all such funds to be conducted and shall provide copies of such audit to the state auditor and the Governor."
SECTION 8. Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to postsecondary education, is amended by striking in their entirety Code Sections 20-3-603, relating to definitions, 20-3-604, relating to the creation of the Georgia Education Trust, and 20-3-609, relating to the membership ofthe board ofdirectors ofthe Georgia Education Trust and related matters, and inserting in their respective places the following:
'20-3-603.
As used in this article, the term: (1) 'Advance tuition payment contract' means a contract entered into by the trust and a purchaser pursuant to this article to provide for the higher education of a qualified beneficiary. (2) 'Board' means the board of commissioners of the Georgia Student Finance Commission described Code Section 20-3-234. (3) 'Fund' means the advance tuition payment fund created within the Georgia Education Trust as provided in Code Section 20-3-608. (4) 'Purchaser' means a person who makes or is obligated to make advance tuition payments pursuant to an advance tuition payment contract. (5) 'Qualified beneficiary' means any resident of this state. (6) 'State institution of higher education' means any four-year college or university within the University System of Georgia. (7) Trust' or 'trust fund' means the Georgia Education Trust created in Code Section 20-3-604. (8) 'Weighted average tuition cost of state institutions of higher education' means the tuition cost arrived at by adding the products of the annual undergraduate in-state tuition cost at each state institution of higher education and its total number of undergraduate fiscal year equated students and then dividing the gross total ofthis cumulation by the total number ofundergraduate fiscal year equated students attending state institutions of higher education.
20-3-604. (a) There is created a public body corporate and politic to be known as the Georgia Education Trust. The trust shall be within the Georgia Student Finance Commission. (b) The purposes, powers, and duties of the trust are vested in and shall be exercised by a board of commissioners as described in Code Section 20-3-234."

____________GEORGIA LAWS 2001 SESSION__________877
'20-3-609.
(a) The business which the board may perform shall be conducted at a public meeting of the board held in compliance with Chapter 14 of Title 50. Public notice of the time, date, and place of the meeting shall be given in the manner required by subsection (e) of Code Section 50-14-1. (b) A writing prepared, owned, used, in the possession of, or retained by the board in the performance of an official function shall be made available to the public if required by Article 3 or 4 of Chapter 18 of Title 50."
SECTION 9. Chapter 1 of Title 30 of the Official Code of Georgia Annotated, relating to general provisions regarding handicapped persons, is amended by striking in its entirety Code Section 30-1-4, relating to the Council on the Deaf and related matters, and inserting in its place the following:
'30-1-4.
Reserved.'
SECTION 10. Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to workers' compensation, is amended by repealing Code Section 34-9-40.1, relating to a Workers' Compensation Advisory Council and related matters, which reads as follows:
"34-9-40.1.
(a) There is created and established a Workers' Compensation Advisory Council to be composed often members as provided in this subsection. The Governor shall appoint three members from the general public, one ofwhom shall represent the interests of labor, one of whom shall represent the interests of management, and one member who shall not represent any particular interest. The members appointed by the Governor shall serve for terms of four years beginning January 1, 1993. The Speaker of the House of Representatives shall appoint three members of the House of Representatives to serve on the advisory council for terms running concurrently with their terms of office. The Lieutenant Governor shall appoint three members of the Senate to serve on the advisory council for terms running concurrently with their terms of office. The chairman of the State Board of Workers' Compensation shall serve as an ex officio member of the advisory council. (b) The members of the advisory council shall elect a member other than the chairman of the State Board of Workers' Compensation to serve as chairman of the council. The advisory council shall aid the members of the State Board of Workers' Compensation in formulating policies and discussing problems related to the administration and operation of this chapter. (c) The members of the advisory council shall serve without compensation."

878______GENERAL ACTS AND RESOLUTIONS. VOL. I_______
SECTION 11. Chapter 11 of Title 34 of the Official Code of Georgia Annotated, known as the "Boiler and Pressure Vessel Safety Act," is amended by striking in its entirety paragraph (1) of Code Section 34-11-2, relating to definitions, and inserting in its place the following:
'(1) Reserved."
SECTION 12. Said chapter is further amended by striking in its entirety Code Section 34-11-3, relating to the Board of Boiler and Pressure Vessel Rules and related matters, and inserting in its place the following:
"34-11-3.
The Commissioner shall be authorized to consult with persons knowledgeable in the areas of construction, use, or safety of boilers and pressure vessels and to create committees composed of such consultants to assist the Commissioner in carrying out his or her duties under this chapter."
SECTION 13. Said chapter is further amended by striking in its entirety subsection (a) of Code Section 34-11 -4, relating to definitions, rules, and regulations for safe construction, installation, inspection, maintenance, and repair of boilers and pressure vessels and related matters, and inserting in its place the following:
"(a)(l) The Department of Labor shall formulate definitions, rules, and regulations for the safe construction, installation, inspection, maintenance, and repair of boilers and pressure vessels in this state. (2) The definitions, rules, and regulations so formulated for new construction shall be based upon and at all times follow the generally accepted nation-wide engineering standards, formulas, and practices established and pertaining to boiler and pressure vessel construction and safety; and the Department of Labor may adopt an existing published codification thereof, known as the Boiler and Pressure Vessel Code of the American Society of Mechanical Engineers, with the amendments and interpretations thereto made and approved by the council of the society, and may likewise adopt the amendments and interpretations subsequently made and published by the same authority. When so adopted, the same shall be deemed to be incorporated into and shall constitute a part ofthe whole of the definitions, rules, and regulations of the Department of Labor. Amendments and interpretations to the code so adopted shall be effective immediately upon being promulgated, to the end that the definitions, rules, and regulations shall at all times follow the generally accepted nation-wide engineering standards. (3) The Department of Labor shall formulate the rules and regulations for the inspection, maintenance, and repair ofboilers and pressure vessels which were in use in this state prior to the date upon which the first rules and regulations under this chapter pertaining to existing installations become effective or during the 12 month period immediately thereafter. The rules and regulations

____________GEORGIA LAWS 2001 SESSION__________879
so formulated shall be based upon and at all times follow generally accepted nation-wide engineering standards and practices and may adopt sections of the Inspection Code of the National Board of Boiler and Pressure Vessel Inspectors or API 510 of the American Petroleum Institute, as applicable.*
SECTION 14. Said chapter is further amended by striking in its entirety subsection (c) of Code Section 34-11-6, relating to maximum allowable working pressure and related matters, and inserting in its place the following:
'(c) This chapter shall not be construed as in any way preventing the use, sale, or reinstallation of a boiler or pressure vessel referred to in this Code section, provided it has been made to conform to the rules and regulations of the department governing existing installations and provided, further, that it has not been found upon inspection to be in an unsafe condition."
SECTION 15. Said chapter is further amended by striking in its entirety Code Section 34-11-12, relating to suspension and revocation of inspector's certificate of competency and related matters, and inserting in its place the following:
'34-11-12.
(a) An inspector's certificate of competency may be suspended by the Commissioner after due investigation and recommendation by the department for the incompetence or untrustworthiness of the holder thereof or for willful falsification of any matter or statement contained in his or her application or in a report of any inspection made by him or her. Written notice of any such suspension shall be given by the Commissioner within not more than ten days thereof to the inspector and his or her employer. A person whose certificate of competency has been suspended shall be entitled to an appeal as provided in Code Section 34-11-19 and to be present in person and to be represented by counsel at the hearing of the appeal. (b) If the department has reason to believe that an inspector is no longer qualified to hold his or her certificate of competency, the department shall provide written notice to the inspector and his or her employer of the department's determination and the right to an appeal as provided in Code Section 34-11-19. If, as a result of such hearing, the inspector has been determined to be no longer qualified to hold his or her certificate of competency, the Commissioner shall thereupon revoke such certificate of competency forthwith. (c) A person whose certificate of competency has been suspended shall be entitled to apply, after 90 days from the date of such suspension, for reinstatement of such certificate of competency."

880______GENERAL ACTS AND RESOLUTIONS, VOL. I________
SECTION 16. Said chapter is further amended by striking in its entirety subsection (c) of Code Section 34-11-15, relating to filing and maintenance of special investigator's report and related matters, and inserting in its place the following:
*(c) Ifthe report filed pursuant to subsection (a) of this Code section shows that a boiler or pressure vessel is found to comply with the rules and regulations of the department, the chief inspector, or his or her duly authorized representative, shall issue to such owner or user an inspection certificate bearing the date of inspection and specifying the maximum pressure under which the boiler or pressure vessel may be operated. Such inspection certificate shall be valid for not more than 14 months from its date in the case of power boilers, 26 months in the case of heating and hot water supply boilers, and 38 months in the case of pressure vessels. In the case of those boilers and pressure vessels covered by subparagraphs (b)(l)(A) through (D) of Code Section 34-11-14, for which the department has established or extended the operating period between required inspections pursuant to the provisions of paragraphs (3) and (4) of subsection (b) of Code Section 34-11-14, the certificate shall be valid for a period of not more than two months beyond the period set by the department. Certificates for boilers shall be posted under glass, or similarly protected, in the room containing the boiler. Pressure vessel certificates shall be posted in like manner, if convenient, or filed where they will be readily accessible for examination.*
SECTION 17. Said chapter is further amended by striking in its entirety Code Section 34-11-19, relating to appeals to the board, judicial review, and related matters, and inserting in its place the following:
'34-11-19.
(a) Any person aggrieved by an order or an act of the Commissioner or the chief inspector under this chapter may, within 15 days of notice thereof, request a hearing before an administrative law judge of the Office of State Administrative Hearings, as provided by Code Section 50-13-41. (b) Any person aggrieved by a decision of an administrative law judge may file an appeal pursuant to Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.'"
SECTION 18. Chapter 12 of Title 34 of the Official Code of Georgia Annotated, known as the "Amusement Ride Safety Act," is amended by striking in their entirety paragraphs (1) and (6) of Code Section 34-12-2, relating to definitions, and inserting in their respective places the following:
"(1) Reserved.' '(6) 'Department' means the Department of Labor, which is designated to enforce the provisions of this chapter and to formulate and enforce standards and regulations.'

____________GEORGIA LAWS 2001 SESSION__________881
SECTION 19. Said chapter is further amended by striking in their entirety Code Sections 34-12-3, relating to the creation of an Advisory Board on Amusement Ride Safety and related matters, and 34-12-4, relating to the powers of the advisory board, and inserting in their respective places the following:
'34-12-3.
The Commissioner shall be authorized to consult with persons knowledgeable in the area of the amusement ride industry and to create committees composed of such consultants to assist the Commissioner in carrying out his or her duties under this chapter.
34-12-4. Reserved."
SECTION 20. Said chapter is further amended by striking in its entirety subsection (a) of Code Section 34-12-5, relating to departmental standards and regulations, and inserting in its place, the following:
'(a) The department shall formulate standards and regulations, or changes to such standards and regulations, for the safe assembly, disassembly, repair, maintenance, use, operation, and inspection of all amusement rides. The standards and regulations shall be reasonable and based upon generally accepted engineering standards, formulas, and practices pertinent to the industry. Formulation and promulgation of such standards and regulations shall be subject to Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' It is recognized that risks presented to the general public by amusement rides which are frequently assembled and disassembled are different from those presented by amusement rides which are not frequently assembled and disassembled. Accordingly, the department is authorized to formulate different standards and regulations with regard to such differing classes of amusement rides."
SECTION 21. Said chapter is further amended by striking in its entirety Code Section 34-12-13, relating to accident reports, and inserting in its place the following:
"34-12-13. The owner of the amusement ride shall report to the department any accident resulting in a fatality or an injury requiring immediate inpatient overnight hospitalization incurred during the operation of any amusement ride. The report shall be in writing, shall describe the nature of the occurrence and injury, and shall be mailed by first-class mail no later than the close ofthe next business day following the accident. Accidents resulting in a fatality shall also be reported immediately to the department in person or by phone in accordance with regulations adopted by the department."

882______GENERAL ACTS AND RESOLUTIONS, VOL. I________
SECTION 22. Chapter 13 of Title 34 of the Official Code of Georgia Annotated, known as the "Carnival Ride Safety Act," is amended by striking in their entirety paragraphs (1) and (6) of Code Section 34-13-2, relating to definitions, and inserting in their respective places the following:
"(1) Reserved." '(6) 'Department' means the Department of Labor, which is designated to enforce the provisions of this chapter and to formulate and enforce standards and regulations."
SECTION 23. Said chapter is further amended by striking in their entirety Code Sections 34-13-3, relating to the creation of an Advisory Board on Carnival Ride Safety and related matters, and 34-13-4, relating to powers ofthe advisory board, and inserting in their respective places the following:
"34-13-3. The Commissioner shall be authorized to consult with persons knowledgeable in the area of the carnival ride industry and to create committees composed of such consultants to assist the Commissioner in carrying out his or her duties under this chapter.
34-13-4. Reserved."
SECTION 24. Said chapter is further amended by striking in its entirety subsection (a) of Code Section 34-13-5, relating to safety standards and regulations, and inserting in its place the following:
"(a) The department shall formulate standards and regulations, or changes to such standards and regulations, for the safe assembly, disassembly, repair, maintenance, use, operation, and inspection of all carnival rides. The standards and regulations shall be reasonable and based upon generally accepted engineering standards, formulas, and practices pertinent to the industry. Formulation and promulgation of such standards and regulations shall be subject to Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' No rule, regulation, or standard promulgated or adopted pursuant to this chapter shall become effective prior to January 1, 1987."
SECTION 25. Said chapter is further amended by striking in its entirety Code Section 34-13-13, relating to accident reports, and inserting in its place the following:
"34-13-13. The owner of the carnival ride shall report to the department any accident incurred during the operation of any carnival ride resulting in a fatality or an injury requiring medical attention from a licensed medical facility. The report

____________GEORGIA LAWS 2001 SESSION__________883
shall be in writing, shall describe the nature of the occurrence and injury, and shall be delivered in person or mailed by first-class mail no later than the close of the next business day following the accident. Accidents resulting in a fatality shall also be reported immediately to the department in person or by phone in accordance with regulations adopted by the department."
SECTION 26. Chapter 12 of Title 50 of the Official Code of Georgia Annotated, relating to state commissions and other agencies, is amended by repealing and reserving Article 7 thereof, relating to the Georgia Hall of Fame Commission and related matters.
SECTION 27. Said title is further amended by repealing and reserving Chapter 31 thereof, known as the "Georgia Suggestion System Act."
SECTION 28. All laws and parts of laws in conflict with this Act are repealed.
Approved April 27, 2001.
PROFESSIONS AND BUSINESSES - ELECTRICAL CONTRACTORS, PLUMBERS, CONDITIONED AIR CONTRACTORS, LOW-VOLTAGE
CONTRACTORS, AND UTILITY CONTRACTORS.
Code Sections 43-14-8 and 43-14-14 Amended. Code Section 43-14-12.1 Enacted.
No. 281 (Senate Bill No. 254).
AN ACT
To amend Chapter 14 of Title 43 of the Official Code of Georgia Annotated, relating to the regulation of electrical contractors, plumbers, conditioned air contractors, low-voltage contractors, and utility contractors, so as to provide that a person who is not licensed as a conditioned air contractor shall be prohibited from advertising in any manner that such person is in the business or profession of a conditioned air contractor unless the work is performed by a licensed conditioned air contractor; to change the provisions relating to certain cease and desist orders relating to the profession of a conditioned air contractor; to repeal provisions and procedures relating to the seizure of certain commercial vehicles; to repeal certain provisions relating to employing or contracting for services of any unlicensed individuals or entities; to provide that if a person is in violation of certain provisions ofthis chapter, it shall not be necessary for an investigator to observe or witness the

884______GENERAL ACTS AND RESOLUTIONS, VOL. I_______
unlicensed person engaged illegally in the process of work or to show work in progress or work completed in order to prove the unlawful practice of conditioned air contracting by an unlicensed person; to change certain penalty provisions relating to violations of said chapter; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Chapter 14 of Title 43 of the Official Code of Georgia Annotated, relating to the regulation of electrical contractors, plumbers, conditioned air contractors, low-voltage contractors, and utility contractors, is amended by striking in its entirety subsection (c) of Code Section 43-14-8, relating to licensing required for electrical, plumbing, or conditioned air contracting, and inserting in lieu thereof a new subsection (c) to read as follows:
*(c)(l) No person shall engage in the business of conditioned air contracting as a conditioned air contractor unless such person has a valid license from the Division of Conditioned Air Contractors. (2) A person who is not licensed as a conditioned air contractor shall be prohibited from advertising in any manner that such person is in the business or profession of a conditioned air contractor unless the work is performed by a licensed conditioned air contractor.*
SECTION 2. Said chapter is further amended by striking in its entirety Code Section 43-14-12.1, relating to cease and desist orders in connection with the profession of a conditioned air contractor, and inserting in lieu thereof a new Code Section 43-14-12.1 to read as follows:
'43-14-12.1.
(a) If a person is in violation of paragraph (1) or (2) of subsection (c) of Code Section 43-14-8, it shall not be necessary for an investigator to observe or witness the unlicensed person engaged illegally in the process ofwork or to sfiow work in progress or work completed in order to prove the unlawful practice of conditioned air contracting by an unlicensed person. (b) It shall be prima-facie evidence of a violation of this chapter if any person not licensed as a conditioned air contractor advertises that such person is in the business or profession of a conditioned air contractor or advertises in a manner such that the general public would believe that such person is a licensed conditioned air contractor or in the business or profession of a conditioned air contractor. Advertising under this subsection includes, but is not limited to, newspaper, television, radio, telephone directory, mailings, business cards, or sign at place of business or attached to a vehicle. (c) Notwithstanding the provisions of Code Section 43-1-20.1, after notice and hearing, the board may issue a cease and desist order prohibiting any person from

__________GEORGIA LAWS 2001 SESSION__________885
violating the provisions of this chapter by engaging in the business or profession of a conditioned air contractor without a license as required under this chapter. (d) The violation of any cease and desist order of the board issued under subsection (c) of this Code section shall subject the person violating the order to further proceedings before the board, and the board shall be authorized to impose a fine not to exceed $500.00 for each violation thereof. Each day that a person practices in violation of this Code section and chapter shall constitute a separate violation. (e) Nothing in this Code section shall be construed to prohibit the board from seeking remedies otherwise available by statute without first seeking a cease and desist order in accordance with the provisions of this Code section.*
SECTION 3. Said chapter is further amended by striking in its entirety Code Section 43-14-14, relating to the penalty applicable under said chapter, and inserting in lieu thereof a new code Section 43-14-14 to read as follows:
43-14-14. Any person violating this chapter shall be guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than $1,000.00 or imprisoned for not more than six months, or both."
SECTION 4. All laws and parts of laws in conflict with this Act are repealed.
Approved April 27, 2001.
COURTS - FEES AND COSTS IN CASES OF SEX OFFENSES, STALKING, OR DOMESTIC VIOLENCE.
Code Title 15 Amended.
No. 283 (Senate Bill No. 94).
AN ACT
To amend Title 15 of the Official Code of Georgia Annotated, relating to courts, so as to provide that no fee shall be assessed in connection with a prosecution of a stalking offense or certain sex offenses for costs associated with the filing of criminal charges by an alleged victim of any such offenses or for the issuance or service of a warrant, protective order, or witness subpoena arising from the incident of any such offense; to provide that no fee or cost shall be assessed for any service rendered by the clerk of superior court in connection with the filing, issuance, registration, or service of a protection order or a petition for a prosecution order to

886______GENERAL ACTS AND RESOLUTIONS, VOL. 1_______
protect a victim of domestic violence, stalking, or sexual assault; to provide that no fee shall be assessed in magistrate court for costs associated with the filing of criminal charges against a person accused of stalking or committing a certain sex offense or for issuance or service of a warrant, protective order, or witness subpoena arising from the incident that is the subject of the arrest or criminal prosecution; to provide that no sheriffs fee shall be assessed against the alleged victim of stalking or certain sex offenses for costs associated with the issuance or service of a warrant, protective order, or witness subpoena arising from the filing of criminal charges applicable to stalking or certain sex offense; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Title 15 ofthe Official Code of Georgia Annotated, relating to courts, is amended by striking in its entirety paragraph (4) of subsection (e) of Code Section 15-6-77, relating to fees of clerks of superior courts, and inserting in lieu thereof a new paragraph (4) to read as follows:
"(4) No fee or cost shall be assessed for any service rendered by the clerk of superior court through entry of judgment in family violence cases under Chapter 13 of Title 19 or in connection with the filing, issuance, registration, or service of a protection order or a petition for a prosecution order to protect a victim of domestic violence, stalking, or sexual assault. The provisions of this paragraph shall control over any other conflicting provisions of law and shall specifically control over the provisions of Code Sections 15-6-77.1, 15-6-77.2, and 15-6-77.3.'
SECTION 2. Said title is further amended by striking in its entirety paragraph (3) of subsection (i) of Code Section 15-6-77, relating to fees of clerks of superior courts, and inserting in lieu thereof a new paragraph (3) to read as follows:
'(3) Costs associated with the filing of criminal charges by an alleged victim of a violation of Code Section 16-5-90, 16-5-91, 16-6-1, 16-6-2, 16-6-3, 16-6-4,16-6-5.1, 16-6-22.1, or 16-6-22.2 or an alleged victim of any domestic violence offense or for the issuance or service of a warrant, protective order, or witness subpoena arising from the violation of Code Section 16-5-90, 16-5-91, 16-6-1, 16-6-2, 16-6-3, 16-6-4, 16-6-5.1, 16-6-22.1, or 16-6-22.2 or the incident of domestic violence.'
SECTION 3. Said title is further amended by striking in its entirety subsection (h) of Code Section 15-16-21, relating to fees for sheriffs services, and inserting in lieu thereof a new subsection (h) to read as follows:
'(h) No fee shall be assessed against the alleged victim of a violation of Code Section 16-5-90, 16-5-91, 16-6-1, 16-6-2, 16-6-3, 16-6-4, 16-6-5.1, 16-6-22.1,

____________GEORGIA LAWS 2001 SESSION_________ 887
or 16-6-22.2 or against the alleged victim of any domestic violence offense for costs associated with the filing of criminal charges against the stalking offender, sexual offender, or domestic violence offender or for the issuance or service of a warrant, protective order, or witness subpoena arising from the incident of stalking, sexual assault, or domestic violence.'
SECTION 4. Said title is further amended by striking in its entirety Code Section 15-10-82, relating to hearing fee on application for search or arrest warrant or deposit account fraud citation, and inserting in lieu thereof a new Code Section 15-10-82 to read as follows:
'15-10-82. For hearing an application for an arrest or search warrant or deposit account fraud citation, the fee charged shall not exceed $10.00, but this fee may be waived by the issuing magistrate if he or she finds that because of the financial circumstances of the party applying for the warrant or citation or for other reasons this fee should not be charged in justice, provided that no fee shall be assessed against the alleged victim of a violation of Code Section 16-5-90, 16-5-91, 16-6-1, 16-6-2, 16-6-3, 16-6-4, 16-6-5.1, 16-6-22.1, or 16-6-22.2 or against the alleged victim of any domestic violence offense for costs associated with the filing of criminal charges against the stalking offender, sexual offender, or domestic violence offender or for the issuance or service of a warrant, protective order, or witness subpoena arising from the incident of stalking, sexual assault, or domestic violence."
SECTION 5. All laws and parts of laws in conflict with this Act are repealed.
Approved April 27, 2001.
REVENUE AND TAXATION - AD VALOREM TAXATION; EXEMPTION FOR CERTAIN FARM EQUIPMENT.
Code Section 48-5-41.1 Amended.
No. 285 (House Bill No. 37).
AN ACT
To amend Code Section 48-5-41.1 of the Official Code of Georgia Annotated, relating to exemption of certain agricultural products from ad valorem taxation, so as to provide for a technical correction and clarify certain provisions with respect to an ad valorem tax exemption for certain farm equipment owned and used by

888______GENERAL ACTS AND RESOLUTIONS, VOL. I______
family owned qualified farm products producers; 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 48-5-41.1 of the Official Code of Georgia Annotated, relating to exemption of certain agricultural products from ad valorem taxation, is amended by striking subsection (c) and inserting in its place a new subsection (c) to read as follows:
"(c) Farm tractors, combines, and all other farm equipment other than motor vehicles, whether fixed or mobile, which are owned by and directly used in the production of agricultural products by family owned qualified farm products producers shall be exempt from all ad valorem property taxes in this state.*
SECTION 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.
Approved April 27, 2001.
ANIMALS - FARM ANIMAL, CROP, AND RESEARCH FACILITIES PROTECTION.
Code Title 4, Chapter 11, Article 2 Amended.
No. 286 (House Bill No. 170).
AN ACT
To amend Article 2 of Chapter 11 of Title 4 of the Official Code of Georgia Annotated, known as the "Georgia Farm Animal and Research Facilities Protection Act," so as to revise the "Georgia Farm Animal and Research Facilities Protection Act"; to enact the "Georgia Farm Animal, Crop, and Research Facilities Protection Act"; to change the short title of said article; to provide for definitions; to prohibit certain acts relating to crops and crop facilities; to provide for penalties; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

____________GEORGIA LAWS 2001 SESSION__________889
SECTION 1. Article 2 ofChapter 11 of Title 4 ofthe Official Code of Georgia Annotated, known as the "Georgia Farm Animal and Research Facilities Protection Act," is amended by striking Code Section 4-11-30, relating to the short title of said article and inserting in its place the following:
"4-11-30.
This article shall be known and may be cited as the 'Georgia Farm Animal, Crop, and Research Facilities Protection Act."
SECTION 2. Said article is further amended by striking Code Section 4-11-31, relating to definitions, and inserting in its place the following:
'4-11-31.
As used in this article, the term: (1) 'Actor' means a person accused of any of the offenses defined in Code Section 4-11-32. (2) 'Animal' means any warm or cold-blooded animal or insect which is being used in food or fiber production, agriculture, research, testing, or education, including, but not limited to, hogs, equines, mules, cattle, sheep, ratites, goats, dogs, rabbits, poultry, fish, and bees. The term 'animal' shall not include any animal held primarily as a pet. (3) 'Animal facility' includes any vehicle, building, structure, pasture, paddock, pond, impoundment, or premises where an animal is kept, handled, housed, exhibited, bred, or offered for sale and any office, building, or structure where records or documents relating to an animal or to animal research, testing, production, or education are maintained. (4) 'Commissioner' means the Commissioner of Agriculture. (5) 'Consent' means assent in fact, whether express or implied, by the owner or by a person legally authorized to act for the owner which is not: (A) Induced by force, threat, false pretenses, or fraud; (B) Given by a person the actor knows, or should have known, is not legally authorized to act for the owner; (C) Given by a person who by reason of youth, mental disease or defect, or intoxication is known, or should have been known, by the actor to be unable to make reasonable decisions; or (D) Given solely to detect the commission of an offense. (5.1) 'Crop' shall mean any crops as defined in Code Section 1-3-3. (5.2) 'Crop facility' means any field, building, greenhouse, structure, or premises where crops are grown or offered for sale and any office, building, or structure where records, documents, or electronic data relating to crops or crop research, testing, production, or education are maintained. (6) 'Deprive' means unlawfully to withhold from the owner, interfere with the possession of, free, or dispose of an animal or other property. (7) 'Owner' means a person who has title to-the property, lawful possession of the property, or a greater right to possession of the property than the actor.

890______GENERAL ACTS AND RESOLUTIONS, VOL. I________
(8) 'Person' means any individual, corporation, association, nonprofit corporation, joint-stock company, firm, trust, partnership, two or more persons having a joint or common interest, or other legal entity. (9) 'Possession' means actual care, custody, control, or management. (10) 'Property' means any real or personal property and shall include any document, record, research data, paper, or computer storage medium. (11) 'State' means the State of Georgia."
SECTION 3. Said article is further amended by striking Code Section 4-11-32, relating to prohibited acts, and inserting in its place the following:
'4-11-32.
(a)(l) A person commits an offense if, without the consent of the owner, the person acquires or otherwise exercises control over an animal facility, an animal from an animal facility, or other property from an animal facility with the intent to deprive the owner of such facility, animal, or property and to disrupt or damage the enterprise conducted at the animal facility. (2) A person commits an offense if, without the consent of the owner, the person acquires or otherwise exercises control over a crop facility, a crop from a crop facility, or other property from a crop facility with the intent to deprive the owner of such facility, crop, or property and to disrupt or damage the enterprise conducted at the crop facility. (b)(l) A person commits an offense if, without the consent of the owner, the person damages or destroys an animal facility or damages, frees, or destroys any animal or property in or on an animal facility with the intent to disrupt or damage the enterprise conducted at the animal facility and the damage or loss thereto exceeds $500.00. (2) A person commits an offense if, without the consent of the owner, the person damages or destroys a crop facility or damages or destroys any crop or property in or on a crop facility with the intent to disrupt or damage the enterprise conducted at the crop facility and the damage or loss thereto exceeds $500.00. (c)(l) A person commits an offense if, without the consent of the owner, the person damages or destroys an animal facility or damages, frees, or destroys any animal or property in or on an animal facility and the damage or loss thereto is $500.00 or less or enters or remains on an animal facility with the intent to disrupt or damage the enterprise conducted at the animal facility, and the person:
(A) Had notice that the entry was forbidden; (B) Knew or should have known that the animal facility was or had closed to the public; or (C) Received notice to depart but failed to do so. (2) For purposes of this subsection 'notice' means: (A) Oral or written communication by the owner or someone with actual or apparent authority to act for the owner;

____________GEORGIA LAWS 2001 SESSION__________891
(B) The presence of fencing or other type of enclosure or barrier designed to exclude intruders or to contain animals; or (C) A sign or signs posted on the property or at the entrance to the building, reasonably likely to come to the attention of intruders, indicating that entry is forbidden. (c. 1 )(1) A person commits an offense if, without the consent ofthe owner, the person damages or destroys a crop facility or damages or destroys any crop or property in or on a crop facility and the damage or loss thereto is $500.00 or less or enters or remains on a crop facility with the intent to disrupt or damage the enterprise conducted at the crop facility, and the person: (A) Had notice that the entry was forbidden; (B) Knew or should have known that the crop facility was or had closed to the public; or (C) Received notice to depart but failed to do so. (2) For purposes of this subsection 'notice' means: (A) Oral or written communication by the owner or someone with actual or apparent authority to act for the owner; or (B) A sign or signs posted on the property or at the entrance to the building, reasonably likely to come to the attention of intruders, indicating that entry is forbidden. (d) This Code section shall not apply to, affect, or otherwise prohibit actions taken by the Department of Agriculture, any other federal, state, or local department or agency, or any official, employee, or agent thereof while in the exercise or performance of any power or duty imposed by law or by rule and regulation."
SECTION 4. Said article is further amended by striking Code Section 4-11-33, relating to penalties, and inserting in its place the following:
'4-11-33. (a) A person convicted of any of the offenses defined in subsections (a) and (b) of Code Section 4-11-32 shall be guilty of a felony and, upon conviction, shall be punished by a fine not to exceed $ 10,000.00 or by imprisonment for a term not to exceed three years, or both. (b) Any person violating subsection (c) or (c.l) of Code Section 4-11-32 shall be guilty of a misdemeanor."
SECTION 5. All laws and parts of laws in conflict with this Act are repealed.
Approved April 27, 2001.

892______GENERAL ACTS AND RESOLUTIONS, VOL. 1______
CONSERVATION AND NATURAL RESOURCES WATER RESOURCES; VARIOUS PROVISIONS.
Code Title 12 Amended.
No. 287 (House Bill No. 206).
AN ACT
To amend Title 12 of the Official Code of Georgia Annotated, relating to conservation and natural resources, so as to provide that local water authorities shall have the authority to establish a program pursuant to which customers may make voluntary contributions to conservation and environmental projects; to provide that such authorities may establish and operate such projects; to provide for rules and regulations relating to the acceptance of water samples taken by certain persons; to provide for an accounting of waters transferred from one water basin to another; to provide an exemption from the Erosion and Sedimentation Act of 1975; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Title 12 of the Official Code of Georgia Annotated, relating to conservation and natural resources, is amended by inserting immediately following Code Section 12-5-4 the following:
'12-5-5. Any local water authority created pursuant to an Act of the General Assembly shall have the authority to solicit and receive from its customers voluntary donations to be used for such programs and projects as the authority may designate designed to protect and improve the quality of the waters of the state. Each such authority shall have the authority to establish and operate one or more such programs or projects.'
SECTION 2. Said title is further amended by striking the word "and" at the end of paragraph (2) of subsection (a) of Code Section 12-5-23, relating to powers and duties of the Board of Natural Resources and the director of the Environmental Protection Division ofthe Department ofNatural Resources with regard to the control ofwater pollution and surface-water use generally; by striking the symbol"." at the end of paragraph (3) of subsection (a) of such Code section and inserting in lieu thereof the symbol and word "; and"; and by inserting at the end of subsection (a) of such Code section the following:
*(4) By July 1,2002, the board shall promulgate rules and regulations which: (A) Establish acceptable sampling methods and analytical standards for water quality samples collected and reported by any person to the division

____________GEORGIA LAWS 2001 SESSION__________893
for its use in listing or delisting impaired waters pursuant to the state's responsibilities under Sections 303(d) and 305(b) of the federal Water Pollution Control Act, 33 U.S.C. Sections 1313(d)and 1315(b), respectively, as now or hereafter amended; and (B) Establish acceptable sampling methods and analytical standards for measuring salinity in coastal waters and defining the zones where salt, fresh, and brackish waters mix."
SECTION 3. Said title is further amended by striking the word "and" at the end of paragraph (14) of subsection (c) of Code Section 12-5-23, relating to powers and duties of the Board of Natural Resources and the director of the Environmental Protection Division ofthe Department ofNatural Resources with regard to the control ofwater pollution and surface-water use generally; by striking the symbol"." at the end of paragraph (15) of subsection (c) of such Code section and inserting in lieu thereof the symbol and word "; and"; and by inserting at the end of subsection (c) of such Code section the following:
'(16) Provide an annual accounting for all transfers of water exceeding an annualized one million gallons per day from one major river drainage basin or subsurface supply aquifer to another. To the extent possible, the director shall use information derived from permits issued by the director pursuant to Code Sections 12-5-30 and 12-5-31, together with any supporting documentation, to fulfill the requirements of this paragraph."
SECTION 4. Said title is further amended by striking the word "and" at the end of paragraph (14) of subsection (a) of Code Section 12-7-17, relating to exemptions from the Erosion and Sedimentation Act of 1975; by striking the symbol"." at the end of paragraph (10) of subsection (a) of such Code section and inserting in lieu thereof the symbol and word"; and"; and by inserting at the end of subsection (a) of such Code section the following:
"(11) Public Water System Reservoirs."
SECTION 5. All laws and parts of laws in conflict with this Act are repealed.
Approved April 27, 2001.

894_____GENERAL ACTS AND RESOLUTIONS, VOL. I________
CONSERVATION AND NATURAL RESOURCES - GEORGIA AGRIRAMA DEVELOPMENT AUTHORITY.
Code Title 2, Chapter 3 Repealed. Code Title 12, Chapter 3, Article 11 Enacted.
No. 288 (House Bill No. 235).
AN ACT
To amend Title 2 ofthe Official Code ofGeorgia Annotated, relating to agriculture, and Chapter 3 of Title 12 of the Official Code of Georgia Annotated, relating to parks, historic areas, memorials, and recreation, so as to transfer the Georgia Agrirama Development Authority from assignment to the Department of Agriculture to assignment to the Department of Natural Resources for administrative purposes and support services; to change the membership of the authority; to provide for matters relative to the foregoing; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Title 2 of the Official Code of Georgia Annotated, relating to agriculture, is amended by striking in its entirety Chapter 3, relating to the Georgia Agrirama Development Authority, and inserting in lieu thereof the following:
'CHAPTER 3 RESERVED*
SECTION 2. Chapter 3 of Title 12, relating to parks, historic areas, memorials, and recreation, is amended by inserting at the end thereof the following:
"ARTICLE 11
12-3-650. As used in this article, the term:
(1) 'Authority' means the Georgia Agrirama Development Authority. (2) 'Project' means any acquisition, construction, alteration, subdivision, development, improvement, or maintenance of an agricultural museum in or around the City of Tifton.
12-3-651. (a) There is created a body corporate and politic, to be known as the Georgia Agrirama Development Authority, which shall be deemed an instrumentality of

____________GEORGIA LAWS 2001 SESSION__________895
the State of Georgia and a public corporation. By that name, style, and title, such body may contract and be contracted with, sue and be sued, implead and be impleaded, and complain and defend in all courts. (b) The authority may delegate to one or more of its members or to its agents and employees such powers and duties as it may deem proper. (c) The authority shall exist for 99 years. (d) The Georgia Agrirama is designated and shall be recognized as the State Museum of Agriculture.
12-3-652. All income, revenues, gifts, grants, appropriations, rights, and privileges ofvalue of every nature accruing to the authority shall be used for the sole purpose of beautifying, improving, developing, maintaining, administering, managing, and promoting an agricultural museum in or around the City of Tifton.
12-3-653. The authority is assigned to the Department of Natural Resources for administrative purposes and support services.
12-3-654. (a) The authority shall consist of 15 members as follows:
(1) The commissioner of the Department of Natural Resources or his or her designee; (2) The president of the Georgia Farm Bureau Federation or his or her designee; (3) A member of the Public Service Commission to be appointed by the Governor; (4) The director of the Tourist Division of the Department of Industry, Trade, and Tourism; (5) The director of the Coastal Plains Experiment Station; (6) A member of the Chamber of Commerce of Tift County to be appointed by the board of directors of that organization; (7) The director of the State Soil and Water Conservation Commission; and (8) Eight members to be appointed by the Governor, two of whom shall be residents of Tift County, and another who shall have a background in public education. The members appointed by the Governor shall be appointed for a term of four years and shall remain in office until the appointment and qualification of their successors. Appointments by the Governor to fill vacancies on the authority shall be for the unexpired term. (b) The authority shall elect one of its members as chairperson and another as vice chairperson. It shall also elect a secretary and a treasurer who need not be members. The offices of secretary and treasurer may be combined in one person. (c) The authority may make such bylaws for its government as it deems necessary but is under no duty to do so.

896______GENERAL ACTS AND RESOLUTIONS, VOL. I______
(d) Any eight members of the authority shall constitute a quorum necessary for the transaction of business. A majority vote of those present at any meeting at which there is a quorum shall be sufficient to do and perform any action permitted to the authority by this article. No vacancy on the authority shall impair the right of a quorum to transact any and all such business. (e) The members of the authority shall receive no compensation for their services, but all members shall be entitled to the expense allowance and travel cost reimbursement provided for members of certain boards and commissions pursuant to Code Section 45-7-21 while in the performance of their duties. Employees of the authority shall receive reasonable compensation for their services, the amount to be determined by the members of the authority. (f) The Attorney General shall provide legal services for the authority. In connection therewith, Code Sections 45-15-13 through 45-15-16 shall be fully applicable.
12-3-655. (a) Every member and employee of the authority who knowingly has any direct or indirect interest in any contract to which the authority is or is about to become a party or in any other business of the authority or in any firm or corporation doing business with the authority shall make full disclosure of such interest to the authority. Failure to disclose such an interest shall constitute cause for which an authority member may be removed or an employee discharged or otherwise disciplined, at the discretion of the authority. (b) Any contract or transaction of the authority involving a conflict of interest not disclosed under subsection (a) of this Code section or involving a violation of any other provision of law applicable to the authority and its members, officers, or employees and regulating conflicts of interest shall be voidable by the authority.
12-3-656. (a) The members of the authority shall be accountable in all respects as trustees. (b) The authority shall keep suitable and proper books and records ofall receipts, income, and expenditures of every kind and shall submit for inspection all of such books, together with a proper statement of the authority's financial position, on or about December 31 of each year, to the state auditor.
12-3-657. The authority shall have the power:
(1) To have a seal and alter it at pleasure; (2) To acquire, hold, and dispose of personal property for its corporate purposes; (3) To appoint a director and select officers, agents, and employees, including engineering, architectural, and construction experts, and to fix their compensation;

__________GEORGIA LAWS 2001 SESSION__________897
(4) To make contracts and to execute all instruments necessary or convenient, including contracts for construction of projects or contracts with respect to the leasing or use of projects which it causes to be subdivided, erected, or acquired; (5) To plan, survey, subdivide, improve, administer, construct, erect, acquire, own, repair, remodel, maintain, add to, extend, improve, equip, operate, and manage projects, as defined in Code Section 2-3-1, to be located on property owned or leased by the authority; the cost of any such project shall be paid from its income, from any grant from the United States government or any agency or instrumentality thereof or from this state; (6) To accept loans or grants, or both, of money, materials, or property of any kind from the United States government or any agency or instrumentality thereof, upon such terms and conditions as the United States government or such agency or instrumentality may impose; (7) To exercise any power usually possessed by private corporations performing similar functions which is not in conflict with the Constitution and laws of this state; (8) To do all things necessary or convenient to carry out the powers expressly given in this article; (9) To act as agent for the United States government or any agency, department, corporation, or instrumentality thereof in any manner within the purposes or powers of the authority; (10) To adopt, alter, or repeal its own bylaws, rules, and regulations governing the manner in which its business may be transacted and in which the power granted to it may be enjoyed, as the authority may deem necessary or expedient in facilitating its business; (11) To do any and all other acts and things authorized or required to be done by this article, whether or not included in the general powers mentioned in this Code section; (12) To receive gifts, donations, or contributions from any person, firm, or corporation or from any county, municipal, or local governing body; (13) To hold, use, administer, and expend such sum or sums as may hereafter be received as income or gifts or as may be appropriated by authority of the General Assembly for any of the purposes of this authority; (14) To acquire, lease as lessee, purchase, hold, own, and use any franchise or real or personal property, whether tangible or intangible, or any interest therein and, whenever the same is no longer required for purposes of the authority, to sell, lease as lessor, transfer, or dispose thereof or to exchange the same for other property or rights which are useful for its purposes; (15) To fix, alter, charge, and collect fares, rates, rentals, and other charges for its facilities and for admission to the museum at reasonable rates to be determined exclusively by the authority; (16) To invest and reinvest any or all idle funds or moneys, including, but not limited to, contributions, gifts, or grants, which cannot be immediately used for the purpose for which received in any security or securities which are legal

898______GENERAL ACTS AND RESOLUTIONS, VOL. I________
investments for executors or trustees, provided that such investments in such securities will, at all times, be held for and, when sold, used for the purposes for which the money was originally received; and (17) To take or damage by condemnation property in Tift County, whether the property is held privately or held by a private or public service corporation, for the public purposes of the authority, upon paying or tendering to the owner thereof just and adequate compensation. Condemnation proceedings by the authority shall take the form provided in Chapter 1 of Title 22 and Articles 1 and 2 of Chapter 2 of Title 22 or the form provided in Article 3 of Chapter 2 of Title 22. The method used shall be the one which, in the opinion of the authority, will result in a quick and effective adjudication of the just and adequate compensation to be paid to the owner or owners of the property taken.
12-3-658. It is found, determined, and declared that the creation of the authority and the carrying out of its corporate purposes are in all respects for the benefit of the people of this state and constitute a public purpose and that the authority will be performing an essential governmental function in the exercise of the power conferred upon it by this article. The authority shall be required to pay no taxes or assessments upon any of the property acquired by it or under its jurisdiction, control, possession, or supervision or upon its activities in the operation or maintenance of the facilities erected, maintained, or acquired by it nor upon any fees, rentals, or other charges for the use of such facilities or other income received by the authority.
12-3-659. The authority 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 restrictions upon its properties and facilities, to the extent that such is lawful under the laws of the United States and this state; however, the authority may delegate all or any part of the performance of his function for a time or permanently to the state or to the county in which the museum is located.
12-3-660. It is found, determined, and declared that the consideration paid and given and to be paid and given to this state by the authority for its leasehold and privileges thereunder is good, valuable, and sufficient consideration therefor and that this action on the part of the authority and the state is in the interest of the public welfare of the state and its citizens.
12-3-661. Any action to protect or enforce any rights under this article shall be brought in the Superior Court of Fulton County, which shall have exclusive original jurisdiction of such actions."

____________GEORGIA LAWS 2001 SESSION__________899
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.
Approved April 27, 2001.
RETIREMENT AND PENSIONS - GEORGIA FIREFIGHTERS' PENSION FUND; INVESTMENTS.
Code Section 47-7-23 Amended.
No. 289 (House Bill No. 288).
AN ACT
To amend Code Section 47-7-23 of the Official Code of Georgia Annotated, relating to the powers and duties of the board of directors of the Georgia Firefighters Pension Fund, so as to provide that such pension fund may invest in certain open-end management type investment companies and investment trusts; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Code Section 47-7-23 of the Official Code of Georgia Annotated, relating to the powers and duties of the board of directors of the Georgia Firefighters Pension Fund, is amended by inserting at the end thereof the following:
"(d) The board of trustees may invest, in certified or uncertified form, in securities of any open-end management type investment company or investment trust registered with the Federal Securities and Exchange Commission under the Investment Company Act of 1940, as now or hereafter amended, if-such investment company or investment trust has been organized for not less than ten years or has assets of not less than $200 million at the date of investment; provided, however, that the board shall not be authorized to pay any such investment company or investment trust a management fee in excess of 0.05 percent of the funds invested."
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.
Approved April 27, 2001.

900______GENERAL ACTS AND RESOLUTIONS, VOL. I________
AGRICULTURE - PESTICIDE REGISTRATION; NONAUCTION TOBACCO DEALERS; TOBACCO GRADING.
Code Sections 2-7-55 and 10-4-115 Amended. Code Section 10-4-114.1 Enacted.
No. 290 (House Bill No. 293).
AN ACT
To amend Code Section 2-7-55 ofthe Official Code ofGeorgia Annotated, relating to registration of pesticides, and Code Section 10-4-115 of the Official Code of Georgia Annotated, relating to licensing of nonauction tobacco dealers and bonds or trust fund agreements related thereto, so as to change the provisions relating to registration with the Commissioner of Agriculture and the provision of certain services and the performance of certain duties by the Commissioner of Agriculture and the Department of Agriculture; to provide for the imposition and establishment of fees; to change the provisions relating to the issuance and expiration of licenses; to change the provisions relating to the surety bond or trust fund agreement required for nonauction tobacco dealers; to amend Part 1 of Article 3 of Chapter 4 of Title 10 of the Official Code of Georgia Annotated, relating to leaf tobacco sales and storage, so as to provide for grading; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Code Section 2-7-55 of the Official Code of Georgia Annotated, relating to registration of pesticides, is amended by striking subsection (f) and inserting in its place the following:
"(f) The applicant desiring to register a pesticide shall pay an annual registration fee to the Commissioner for each pesticide registered for such applicant. The amount of such fee shall be established by the Commissioner in an amount not to exceed $100.00 per annum. All such registrations shall expire on December 31 of any one year, provided that if the Commissioner adopts a multiple-year registration period, the annual registration fee per product shall be compounded for the number ofyears included in the multiple-year registration. A registration for a special local need pursuant to subsection (i) of this Code section which is disapproved by the administrator of the Environmental Protection Agency shall expire on the effective date of the administrator's disapproval.'
SECTION 2. Code Section 10-4-115 of the Official Code of Georgia Annotated, relating to licensing of nonauction tobacco dealers and bonds or trust fund agreements related

____________GEORGIA LAWS 2001 SESSION__________901
thereto, is amended by striking subsections (a) and (b) of said Code section and inserting in their place the following:
'(a) Any person, firm, or corporation purchasing flue-cured leaf tobacco from producers other than at auction sales shall be required to apply to and obtain from the Commissioner of Agriculture a nonauction tobacco dealer's license prior to engaging in such purchase operations. Such license shall be renewable on an annual basis. There shall be an annual fee for each such license issued by the Commissioner. The amount of such fee shall be established by the Commissioner in an amount not to exceed $100.00 per annum. Each applicant for a nonauction tobacco dealer's license shall indicate in writing to the Commissioner each year before the first auction sale of the tobacco-selling season an intent to buy flue-cured leaf tobaccos from producers other than at auction in order to be eligible for a nonauction tobacco dealer's license for that selling season. (b) Prior to the issuance or renewal of a nonauction tobacco dealer's license to an applicant or a licensee, the applicant or licensee shall post with the Commissioner a surety bond or trust fund agreement in the amount of 20 percent ofthe total purchases made by the applicant or licensee offlue-cured leaftobacco from producers other than at auction during the preceding tobacco-selling season. The bond or trust fund agreement shall guarantee the purchases made by the applicant or licensee from producers other than at auction sales and shall in no instance be less than $20,000.00 nor more than $200,000.00."
SECTION 3. Part 1 of Article 3 of Chapter 4 of Title 10 of the Official Code of Georgia Annotated, relating to leaf tobacco sales and storage, is amended by adding a new Code Section 10-4-114.1 to read as follows:
'10-4-114.1. All tobacco purchased or sold in Georgia shall be graded by the Agriculture Marketing Service of the United States Department of Agriculture. Provided, however, in the event graders from the United States Department of Agriculture are not available and said Department so certifies in writing to the Georgia Commissioner of Agriculture that graders are unavailable, then, in that event, grading shall be done by graders approved by the Commissioner of Agriculture.*
SECTION 4. All laws and parts of laws in conflict with this Act are repealed.
Approved April 27, 2001.

902______GENERAL ACTS AND RESOLUTIONS, VOL. I_________
LOCAL GOVERNMENT - COUNTIES; COMPENSATION OF OFFICIALS.
Code Titles 1, 15, 21, 36, 45, and 48 Amended.
No. 291 (House Bill No. 302).
AN ACT
To amend Title 15 of the Official Code of Georgia Annotated, relating to courts; to amend Title 21 of the Official Code of Georgia Annotated, relating to elections; to amend Article 1 of Chapter 16 of Title 45 of the Official Code of Georgia Annotated, relating to general provisions relative to coroners; to amend Article 3 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to county tax officials and administration, so as to change the provisions relating to the compensation of sheriffs, clerks of the superior courts, judges of the probate courts, tax collectors and tax commissioners, chiefdeputy tax commissioners, chief magistrates, magistrates, clerks of superior or state courts serving as clerks of magistrate courts, magistrates or chief magistrates serving as clerks of the magistrate court, registrars and deputy registrars, and coroners of certain counties; to amend Article 2 of Chapter 5 of Title 36 of the Official Code of Georgia Annotated, relating to county governing authorities, so as to provide for compensation supplements for members of county governing authorities with respect to completion of certain training; to provide for periodic cost-of-living or general performance based increases for members of county governing authorities; to amend Code Section 1-3-1 of the Official Code of Georgia Annotated, relating to construction of statutes generally, so as to revise certain provisions regarding the effective date of a census for certain purposes; to correct certain cross-references; to provide for other matters relative to the foregoing; to provide effective dates; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Title 15 of the Official Code of Georgia Annotated, relating to courts, is amended by striking Code Section 15-6-88, relating to minimum salaries for clerks of the superior courts, and inserting in its place the following:
'15-6-88. (a) Any other provision of law to the contrary notwithstanding, the minimum annual salary of each clerk ofthe superior court in each county ofthis state shall be fixed according to the population of the county in which he or she serves, as determined by the United States decennial census of 1990 or any future such census. Except as otherwise provided in subsection (b) ofthis Code section, each such clerk shall receive an annual salary, payable in equal monthly installments from the funds of the county, of not less than the amount fixed in the following schedule:

____________GEORGIA LAWS 2001 SESSION__________903

Population

Minimum Salary

0 5,999 ....................................$ 26,433.73

6,000 11,889 ................................... 36,300.86

11,890 19,999 ................................... 41,121.55

20,000 28,999 ................................... 44,057.42

29,000 38,999 ................................... 46,993.29

39,000 49,999 ................................... 49,932.80

50,000 74,999 ................................... 52,871.09

75,000 99,999 ................................... 54,338.42

100,000 149,999 ................................... 55,806.96

150,000 199,999 ................................... 57,275.49

200,000 249,999 ................................... 58,744.04

250,000 299,999 ................................... 81,238.19

300,000 399,999 ................................... 89,678.05

400,000 499,999 ................................... 93,319.06

500,000 or more ...................................... 96,960.07
(b) On and after July 1, 2001, whenever the employees in the classified service ofthe state merit system receive a cost-of-living increase or general performance based increase of a certain percentage or a certain amount, the amounts fixed in the minimum salary schedule in subsection (a) of this Code section, in Code Section 15-6-89, and in subsection (b) of Code Section 15-10-105, or the amounts derived by increasing each of said amounts through the application of longevity increases pursuant to subsection (a) of Code Section 15-6-90, where applicable shall be increased by the same percentage or same amount applicable to such state employees. If the cost-of-living increase or general performance based increase received by state employees is in different percentages or different amounts as to certain categories ofemployees, the amounts fixed in the minimum salary schedule in subsection (a) of this Code section, in Code Section 15-6-89, and in subsection (b) of Code Section 15-10-105, or the amounts derived through the application of longevity increases, shall be increased by a percentage or an amount not to exceed the average percentage or average amount of the general increase in salary granted to the state employees. The Office of Planning and

904______GENERAL ACTS AND RESOLUTIONS, VOL. 1________
Budget shall calculate the average percentage increase or average amount increase when necessary. The periodic changes in the amounts fixed in the minimum salary schedule in subsection (a) of this Code section, in Code Section 15-6-89, in subsection (b) of Code Section 15-10-105, or the amounts derived through the application of longevity increases, as authorized by this subsection shall become effective on the first day of January following the date that the cost-of-li ving increases or general performance based increases received by state employees become effective; provided, however, that if the cost-of-living increases received by state employees become effective on January 1, such periodic changes in the amounts fixed in the minimum salary schedule in subsection (a) of this Code section, in Code Section 15-6-89, and in subsection (b) of Code Section 15-10-105, or the amounts derived by increasing each of said amounts through the application of longevity increases pursuant to subsection (a) of Code Section 15-6-90, shall become effective on the same date that the cost-of-living increases or general performance based increases received by state employees become effective. (c) This Code section shall not be construed to reduce the salary of any clerk of the superior court in office on July 1, 1991; provided, however, that successors to such clerks in office on July 1, 1991, shall be governed by the provisions of subsections (a) and (b) of this Code section. (d) The county governing authority may supplement the minimum annual salary of the clerk of the superior court in such amount as it may fix from time to time; but no clerk's compensation supplement shall be decreased during any term of office. Any prior expenditure of county funds to supplement the clerk's salary in the manner authorized by this subsection is ratified and confirmed. Nothing contained in this subsection shall prohibit the General Assembly by local law from supplementing the annual salary of the clerk."

SECTION 2. Said title is further amended by adding a new Code section immediately following Code Section 15-6-88.1, to be designated Code Section 15-6-88.2, to read as follows:
'15-6-88.2.
In addition to any salary, fees, or expenses now or hereafter provided by law, the governing authority of each county is authorized to provide as contingent expenses for the operation ofthe office ofclerk ofthe superior court, and payable from county funds, a monthly expense allowance of not less than the amount fixed in the following schedule:

Population

Minimum Monthly Expenses

0 11,889 ......................................$ 100.00

11,890 74,999 ...................................... 200.00

75,000 249,999 ...................................... 300.00

____________GEORGIA LAWS 2001 SESSION__________905

250,000 499,999 ...................................... 400.00 500,000 or more ......................................... 500.00'

SECTION 3. Said title is further amended by striking Code Section 15-6-89, relating to additional remuneration for clerks of the superior courts for certain services, and inserting in its place the following:
'15-6-89.
In addition to the minimum salary provided in Code Section 15-6-88 or any other salary provided by any applicable general or local law, each clerk ofthe superior court of any county who also serves as clerk of a state court, city court, juvenile court, or civil court under any applicable general or local law of this state shall receive for his or her services in such other court a salary ofnot less than $286.73 per month, to be paid from the funds of the county. In the event any such court for which a clerk of the superior court is serving as clerk is abolished, the clerk of the superior court shall not be entitled to any salary heretofore received for service in such court.'

SECTION 4. Said title is further amended by striking subsection (a) of Code Section 15-9-63, relating to the schedule of minimum salaries ofjudges of the probate courts, and inserting in its place the following:
'(a)(l) Any other laws to the contrary notwithstanding, the minimum annual salary of each judge of the probate court in this state shall be fixed according to the population of the county in which he or she serves, as determined by the United States decennial census of 1990 or any future such census. Each such judge of the probate court shall receive an annual salary, payable in equal monthly installments from the funds of his or her county, of not less than the amount fixed in the following schedule:

Population

Minimum Salary

0 5,999 ..................................$ 24,893.57

6,000 11,889 .................................. 32,869.82

11,890 19,999 .................................. 36,512.04

20,000 28,999 .................................. 40,336.31

29,000 38,999 .................................. 44,625.42

39,000 49,999 .................................. 47,069.75

50,000 74,999 .................................. 50,654.92

906______GENERAL ACTS AND RESOLUTIONS, VOL. 1________
75,000 99,999 .................................. 55,796.04
100,000 149,999 ................................. 60,938.35
150,000 199,999 ................................. 67,887.82
200,000 249,999 ................................. 74,837.29
250,000 299,999 ................................. 78,202.80
300,000 399,999 ................................. 81,569.52
400,000 499,999 ................................. 85,210.53
500,000 or more .................................... 88,851.53 (2) On and after July 1,2001, whenever the employees in the classified service of the state merit system receive a cost-of-living increase or general performance based increase of a certain percentage or a certain amount, the amounts fixed in the minimum salary schedule in paragraph (1) of this subsection and in Code Section 15-9-64, or the amounts derived by increasing each of said amounts through the application of longevity increases pursuant to Code Section 15-9-65, where applicable, shall be increased by the same percentage or same amount applicable to such state employees. If the cost-of-living increase or general performance based increase received by state employees is in different percentages or different amounts as to certain categories of employees, the amounts fixed in the minimum salary schedule in paragraph (1) of this subsection, and in Code Section 15-9-64, or the amounts derived through the application of longevity increases, shall be increased by a percentage or an amount not to exceed the average percentage or average amount of the general increase in salary granted to the state employees. The Office of Planning and Budget shall calculate the average percentage increase or average amount increase when necessary. The periodic changes in the amounts fixed in the minimum salary schedule in paragraph (1) of this subsection, and in Code Section 15-9-64, or the amounts derived through the application of longevity increases, as authorized by this paragraph shall become effective on the first day of January following the date that the cost-of-living increases or general performance based increases received by state employees become effective; provided, however, that if the cost-of-living increases received by state employees become effective on January 1, such periodic changes in the amounts fixed in the minimum salary schedule in paragraph (1) of this subsection and in Code Section 15-9-64, or the amounts derived by increasing each of said amounts through the application of longevity increases pursuant to Code Section 15-9-65, where applicable, as authorized by this paragraph shall become effective on the same date that the cost-of-living increases or general performance based increases received by state employees become effective.

____________GEORGIA LAWS 2001 SESSION__________907
(3) The county governing authority may supplement the minimum annual salary of the judge of the probate court in such amount as it may fix from time to time; but no probate judge's compensation supplement shall be decreased during any term of office. Any prior expenditure of county funds to supplement the probate judge's salary in the manner authorized by this paragraph is ratified and confirmed. Nothing contained in this paragraph shall prohibit the General Assembly by local law from supplementing the annual salary of the probate judge."
SECTION 5. Said title is further amended by striking Code Section 15-9-63.1, relating to compensation for services as magistrate or chief magistrate, and inserting in its place the following:
'15-9-63.1.
(a) Beginning January 1,2002, in any county in which the probate judge serves as chief magistrate or magistrate, he or she shall be compensated for such services based on a minimum annual amount of $10,316.20; provided, however, that compensation for a probate judge shall not be reduced during his or her term of office. (b) On and after July 1, 2001, whenever the employees in the classified service ofthe state merit system receive a cost-of-living increase or general performance based increase of a certain percentage or a certain amount, the amount provided in subsection (a) of this Code section shall be increased by the same percentage or same amount applicable to such state employees. If the cost-of-living increase or general performance based increase received by state employees is in different percentages or different amounts as to certain categories of employees, the amount provided in subsection (a) of this Code section shall be increased by a percentage or an amount not to exceed the average percentage or average amount of the general increase in salary granted to the state employees. The Office of Planning and Budget shall calculate the average percentage increase or average amount increase when necessary. The periodic changes in the amount provided in subsection (a) of this Code section, as authorized by this subsection, shall become effective on the first day of January following the date that the cost-of-living increases or general performance based increases received by state employees become effective; provided, however, that if such increases received by state employees become effective on January 1, such periodic changes in the amount provided in subsection (a) of this Code section, as authorized by this subsection, shall become effective on the same date that the cost-of-living increases or general performance based increases received by state employees become effective. (c) On and after January 1,2002, the amounts provided in subsections (a) and (b) of this Code section shall be increased by multiplying said amounts by the percentage which equals 5 percent times the number of completed four-year terms of office served by any probate judge serving as a chief magistrate or magistrate where such terms have been completed after December 31, 1999,

908______GENERAL ACTS AND RESOLUTIONS, VOL. I________
effective the first day of January following the completion of each such period of service.'

SECTION 6. Said title is further amended by striking Code Section 15-9-64, relating to supplementation ofminimum salaries ofjudges ofthe probate courts, and inserting in its place the following:
'15-9-64.
The amount ofminimum salary provided in Code Section 15-9-63 for the judges of the probate courts of any county presently on a salary who also hold and conduct elections or are responsible for conducting elections for members of the General Assembly under any applicable general or local law of this state shall be increased by $286.73 per month. The amount of the minimum salary provided in Code Section 15-9-63 for the judges of the probate courts on a salary who are responsible for traffic cases under any general or local law of this state shall also be increased by $358.34 per month.*

SECTION 7. Said title is further amended by adding a new Code section immediately following Code Section 15-9-64, to be designated Code Section 15-9-64.1, to read as follows:
'15-9-64.1.
In addition to any salary, fees, or expenses now or hereafter provided by law, the governing authority of each county is authorized to provide as contingent expenses for the operation ofthe office ofjudge ofthe probate court, and payable from county funds, a monthly expense allowance of not less than the amount fixed in the following schedule:

Population

Minimum Monthly Expenses

0 11,889 ...................................... $100.00

11,890 74,999 ...................................... 200.00

75,000 249,999 ...................................... 300.00

250,000 499,999 ...................................... 400.00

500,000 or more ......................................... 500.00'

SECTION 8. Said title is further amended by striking Code Section 15-10-23, relating to minimum compensation of magistrates, and inserting in its place the following:
'15-10-23.
(a)(l) As used in this Code section, the term 'full-time capacity' means in the case of a chief magistrate means a chief magistrate who regularly exercises the powers of a magistrate as set forth in Code Section 15-10-2 at least 40 hours

__________GEORGIA LAWS 2001 SESSION__________909

per workweek. In the case of all other magistrates, such term means a magistrate who was appointed to a full-time magistrate position and who regularly exercises the powers of a magistrate as set forth in Code Section 15-10-2 at least 40 hours per workweek. (2) Unless otherwise provided by local law, effective January 1, 2002, the chief magistrate of each county who serves in a full-time capacity other than those counties where the probate judge serves as chief magistrate shall receive a minimum annual salary of the amount fixed in the following schedule:

Population

Minimum Salary

0 5,999 ..................................$ 24,893.57

6,000 11,889 ................................. 32,869.82

11,890 19,999 ................................. 36,512.04

20,000 28,999 ................................. 40,336.31

29,000 38,999 ................................. 44,625.42

39,000 49,999 ................................. 47,069.75

50,000 74,999 ................................. 50,654.92

75,000 99,999 ................................. 55,796.04

100,000 149,999 ................................. 60,938.35

150,000 199,999 ................................. 67,887.82

200,000 249,999 ................................. 74,837.29

250,000 299,999 ................................. 78,202.80

300,000 399,999 ................................. 81,569.52

400,000 499,999 ................................. 85,210.53

500,000 or more .................................... 88,851.53
The minimum salary for each affected chief magistrate shall be fixed from the table in this subsection according to the population of the county in which the chief magistrate serves as determined by the United States decennial census of 1990 or any future such census. Notwithstanding the provisions of this subsection, unless otherwise provided by local law, effective January 1,1996, in any county in which more than 70 percent ofthe population according to the United States decennial census of 1990 or any future such census resides on property of the United States government which is exempt from taxation by

910_______GENERAL ACTS AND RESOLUTIONS, VOL. I_________
this state, the population of the county for purposes of this subsection shall be deemed to be the total population of the county minus the population of the county which resides on property of the United States government. (3) All other chief magistrates shall receive a minimum monthly salary equal to the hourly rate that a full-time chief magistrate of the county would receive according to paragraph (2) of this subsection multiplied by the number of actual hours worked by the chief magistrate as certified by the chief magistrate to the county governing authority. (4) Unless otherwise provided by local law, each magistrate who serves in a full-time capacity other than the chief magistrate shall receive a minimum monthly salary of$3,093.00 per month or 90 percent ofthe monthly salary that a full-time chief magistrate would receive according to paragraph (2) of this subsection, whichever is less. (5) All magistrates other than chief magistrates who serve in less than a full-time capacity or on call shall receive a minimum monthly salary of the lesser of $17.84 per hour for each hour worked as certified by the chief magistrate to the county governing authority or 90 percent of the monthly salary that a full-time chief magistrate would receive according to paragraph (2) of this subsection; provided, however, that notwithstanding any other provisions of this subsection, no magistrate who serves in less than a full-time capacity shall receive a minimum monthly salary of less than $475.90. (6) Magistrates shall be compensated solely on a salary basis and not in whole or in part from fees. The salaries and supplements of all magistrates shall be paid in equal monthly installments from county funds. (b) The amounts provided in subsection (a) of this Code section, as increased by the supplement, if any, provided by subsection (d) of Code Section 15-10-105, shall be increased by multiplying said amounts by the percentage which equals 5 percent times the number of completed four-year terms of office served by any chief magistrate or magistrate where such terms have been completed after December 31,1995, effective the first day of January following the completion of each such period of service. (c) On and after July 1, 2001, whenever the employees in the classified service of the state merit system receive a cost-of-living increase or general performance based increase of a certain percentage or a certain amount, the amounts provided in subsection (a) of this Code section, as increased by the supplement, if any, provided by subsection (d) of Code Section 15-10-105 and as increased by the application of longevity increases pursuant to subsection (b) ofthis Code section, shall be increased by the same percentage or same amount applicable to such state employees. If the cost-of-living increase or general performance based increase received by state employees is in different percentages or different amounts as to certain categories of employees, the amounts provided in subsection (a) of this Code section, as increased by the supplement, if any, provided by subsection (d) of Code Section 15-10-105 and as increased by the application oflongevity increases pursuant to subsection (b) ofthis Code section,

_____________GEORGIA LAWS 2001 SESSION___________911
shall be increased by a percentage or an amount not to exceed the average percentage or average amount of the general increase in salary granted to the state employees. The Office of Planning and Budget shall calculate the average percentage increase or average amount increase when necessary. The periodic changes in the amounts provided in subsection (a) of this Code section, as increased by the supplement, if any, provided by subsection (d) of Code Section 15-10-105 and as increased by the application of longevity increases pursuant to subsection (b) of this Code section, as authorized by this subsection, shall become effective on the first day of January following the date that the cost-of-living increases or genera! performance based increases received by state employees become effective; provided, however, that if the cost-of-living increases received by state employees become effective on January 1, such periodic changes in the amounts provided in subsection (a) of this Code section, as increased by the supplement, if any, provided by subsection (d) of Code Section 15-10-105 and as increased by the application of longevity increases pursuant to subsection (b) of this Code section, as authorized by this subsection, shall become effective on the same date that the cost-of-living increases or general performance based increases received by state employees become effective. (d) The county governing authority may supplement the minimum annual salary of the chief or other magistrate in such amount as it may fix from time to time, but no such magistrate's compensation or supplement shall be decreased during any term of office. Nothing contained in this subsection shall prohibit the General Assembly by local law from supplementing the annual salary of any magistrates. (e) The General Assembly may by local law fix the compensation of any or all of a county's magistrates. The chief magistrate or magistrate shall be entitled to the greater of the compensation established by local law, including any supplement by the county governing authority, or the minimum annual salary stated in subsection (a) of this Code section but in no event to both. (f) This Code section shall apply to any chief magistrate who is also serving as a judge of a civil court which is provided for in Article VI, Section I, Paragraph I of the Constitution of the State of Georgia of 1983. In such case, the salary of such chief magistrate shall be as provided by the local governing authority of the county. (g) The salaries and supplements of senior magistrates shall be paid from county funds at a per diem rate equal to the daily rate that a full-time chief magistrate of the county would receive under paragraph (2) of subsection (a) of this Code section; provided, however, that the minimum annual and monthly salaries provided for in this Code section shall not apply to senior magistrates."
SECTION 9. Said title is further amended by adding a new Code section immediately following Code Section 15-10-23, to be designated Code Section 15-10-23.1, to read as follows:

912______GENERAL ACTS AND RESOLUTIONS, VOL. I________

'15-10-23.1.
In addition to any salary, fees, or expenses now or hereafter provided by law, the governing authority of each county is authorized to provide as contingent expenses for the operation of the office of magistrate court, and payable from county funds, a monthly expense allowance to each magistrate of not less than the amount fixed in the following schedule:

Population

Minimum Monthly Expenses

0 11,889 ...................................... $100.00

11,890 74,999 ...................................... 200.00

75,000 249,999 ...................................... 300.00

250,000 499,999 ...................................... 400.00

500,000 or more ......................................... 500.00'

SECTION 10. Said title is further amended by striking Code Section 15-10-105, relating to selection of clerks of the magistrate courts and their compensation and eligibility, and inserting in its place the following:
'15-10-105.
(a) The General Assembly may provide by local law for the superior court clerk or state court clerk to serve as clerk of magistrate court or for the selection of some other person as the clerk of magistrate court and for the compensation of the clerk of magistrate court. In the absence of local law, the selection and compensation of the clerk of magistrate court shall be as provided by subsections (b), (c), and (d) of this Code section. (b) With the consent ofthe clerk of superior court the county governing authority may provide that the clerk of superior court shall serve as clerk of magistrate court and shall be compensated for his or her services as clerk of magistrate court in an amount not less than $286.73 per month. With the consent of the clerk of the superior court and clerk ofthe state court, the county governing authority may provide that the state court clerk shall serve as clerk of magistrate court and shall be compensated for his or her service as clerk of magistrate court in an amount not less than $286.73 per month. Such compensation shall be retained by the clerk of superior court as his or her personal funds without regard to whether he or she is otherwise compensated on a fee basis or salary basis or both. (c) Ifthe clerk of superior court or the clerk of state court does not serve as clerk of magistrate court, then the county governing authority may provide for the appointment by the chiefmagistrate of a clerk to serve at the pleasure ofthe chief magistrate. A clerk of magistrate court so appointed shall be compensated in an amount fixed by the county governing authority at not less than $286.73 per month.

_____________GEORGIA LAWS 2001 SESSION___________913
(d) If there is no clerk of magistrate court, the chief magistrate or some other magistrate appointed by the chief magistrate shall perform the duties of clerk. A chiefmagistrate performing the duties ofclerk, or another magistrate appointed by the chief magistrate to perform the duties of clerk, shall receive, in addition to any other compensation to which he or she is entitled, compensation for performing the duties of clerk, the amount of which compensation shall be fixed by the county governing authority at not less than $286.73 per month. (e) The compensation of the clerk or magistrate performing the duties of clerk shall be paid in equal monthly installments from county funds. (f) The clerk shall be required to be at least 18 years of age and shall possess a high school diploma or its equivalent. The clerk shall not be subject to a residency requirement. (g) In any case any magistrate may perform any duty to be performed by the clerk.'

SECTION 11. Said title is further amended by adding a new Code section immediately following Code Section 15-10-105.1, to be designated Code Section 15-10-105.2, to read as follows:
'15-10-105.2. In addition to any salary, fees, or expenses now or hereafter provided by law, the governing authority of each county is authorized to provide as contingent expenses for the operation of the office of clerk of the magistrate court, and payable from county funds, a monthly expense allowance of not less than the amount fixed in the following schedule:

Population

Minimum Monthly Expenses

0 11,890

11,889 ......................................$100.00 74,999 ...................................... 200.00

75,000 249,999 ...................................... 300.00 250,000 499,999 ...................................... 400.00 500,000 or more ......................................... 500.00'

SECTION 12. Said title is further amended by striking subsection (a) of Code Section 15-16-20, relating to minimum annual salaries of the sheriffs, and inserting in its place the following:
"(a)(l) Any other law to the contrary notwithstanding, the minimum annual salary of each sheriff in this state shall be fixed according to the population of the county in which he or she serves, as determined by the United States decennial census of 1990 or any future such census. Except as otherwise

914______GENERAL ACTS AND RESOLUTIONS, VOL. I________

provided in paragraph (2) of this subsection, each such sheriff shall receive an annual salary, payable in equal monthly installments from the funds of the sheriffs county, of not less than the amount fixed in the following schedule:

Population

Minimum Salary

0 5,999 .................................$ 37,256.02

6,000 11,889 ................................. 41,573.04

11,890 19,999 ................................. 47,742.11

20,000 28,999 ................................. 52,570.10

29,000 38,999 ................................. 57,396.87

39,000 49,999 ................................. 62,227.28

50,000 74,999 ................................. 67,054.03

75,000 99,999 ................................. 69,333.30

100,000 149,999 ................................. 71,612.57

150,000 199,999 ................................. 74,161.29

200,000 249,999 ................................. 76,710.00

250,000 299,999 ................................. 83,964.09

300,000 399,999 ................................. 93,766.90

400,000 499,999 ................................. 97,407.90

500,000 and up ................................... 101,048.91
(2) On and after July 1,2001, whenever the employees in the classified service of the state merit system receive a cost-of-living increase or general performance based increase of a certain percentage or a certain amount, the amounts fixed in the minimum salary schedule in paragraph (1) of this subsection and in Code Section 15-16-20.1, or the amounts derived by increasing each of said amounts through the application of longevity increases pursuant to subsection (b) of this Code section, where applicable, shall be increased by the same percentage or same amount applicable to such state employees. If the cost-of-living increase or general performance based increase received by state employees is in different percentages or different amounts as to certain categories of employees, the amounts fixed in the minimum salary schedule in paragraph (1) of this subsection, and in Code Section 15-16-20.1, or the amounts derived through the application of

____________GEORGIA LAWS 2001 SESSION__________915
longevity increases, shall be increased by a percentage or an amount not to exceed the average percentage or average amount of the general increase in salary granted to the state employees. The Office of Planning and Budget shall calculate the average percentage increase or average amount increase when necessary. The periodic changes in the amounts fixed in the minimum salary schedule in paragraph (1) of this subsection, and in Code Section 15-16-20.1, or the amounts derived through the application of longevity increases, as authorized by this paragraph shall become effective on the first day of January following the date that the cost-of-living increases received by state employees become effective; provided, however, that if the cost-of-living increases or general performance based increases received by state employees become effective on January 1, such periodic changes in the amounts fixed in the minimum salary schedule in paragraph (1) of this subsection, and in Code Section 15-16-20.1, or the amounts derived through the application of longevity increases, as authorized by this paragraph shall become effective on the same date that the cost-of-living increases or general performance based increases received by state employees become effective. (3) The county governing authority may supplement the minimum annual salary of the sheriff in such amount as it may fix from time to time; but no sheriffs compensation supplement shall be decreased during any term of office. Any prior expenditure of county funds to supplement the sheriffs salary in the manner authorized by this paragraph is ratified and confirmed. Nothing contained in this paragraph shall prohibit the General Assembly by local law from supplementing the annual salary of the sheriff.'
SECTION 13. Said title is further amended by striking Code Section 15-16-20.1, relating to additional minimum salary for sheriffs, and inserting in its place the following:
'15-16-20.1.
In addition to the minimum salary provided in Code Section 15-16-20, the sheriff of any county who performs the duties of a sheriff for a state court, probate court, magistrate court, juvenile court, or county recorder's court under any applicable general or local law of this state shall receive for his or her services in such court or courts a salary of not less than $286.73 per month, to be paid from the funds of the county. A sheriff who serves in more than one such court shall receive only one such salary.'
SECTION 14. Said title is further amended by adding a new Code section immediately following Code Section 15-16-20.1, to be designated Code Section 15-16-20.2, to read as follows:
'15-16-20.2.
In addition to any salary, fees, or expenses now or hereafter provided by law, the governing authority of each county is authorized to provide as contingent expenses for the operation of the office of sheriff, and payable from county

916______GENERAL ACTS AND RESOLUTIONS, VOL. I________

funds, a monthly expense allowance of not less than the amount fixed in the following schedule:

Population

Minimum Monthly Expenses

0 11,889 ...................................... $100.00

11,890 74,999 ...................................... 200.00

75,000 249,999 ...................................... 300.00

250,000 499,999 ...................................... 400.00

500,000 or more ......................................... 500.00*

SECTION 15. Title 21 of the Official Code of Georgia Annotated, relating to elections, is amended by striking subsection (d) of Code Section 21-2-212, relating to county registrars, and inserting in its place a new subsection (d) to read as follows:
"(d) The chief registrar shall be the chief administrative officer of the board of registrars and shall generally supervise and direct the administration ofthe affairs ofthe board ofregistrars. The chiefregistrar shall act as chairperson ofthe board of registrars and, as chief registrar, shall perform those functions normally devolving upon the chairperson. The board of registrars shall meet each month on a day selected by the chiefregistrar to transact the business ofthe board. The board shall also meet at other times as needed upon the call of the chief registrar or upon the request of two or more of the registrars. The chief registrar shall be compensated in an amount ofnot less than $61.00 per day for each day of service on the business of the board of registrars. The other registrars shall be compensated in an amount of not less than $48.00 per day for each day of service on the business of the board of registrars. In lieu of the per diem compensation provided for in this subsection, the chief registrar may be compensated in an amount not less than $272.00 per month and the other registrars in an amount_not less than $242.00 per month. The per diem or monthly compensation, as the case may be, shall be fixed, subject to the limitations provided for in this subsection, by the governing authority of each county and shall be paid from county funds. The compensation of other officers and employees appointed and employed under this article shall be fixed by the board of registrars with the approval ofthe governing authority of each county and shall be paid from county funds."
SECTION 16. Said title is further amended by striking subsection (c) of Code Section 21-2-213, relating to county deputy registrars, clerical help, and appointment of a county officer or employee as chief deputy registrar, and inserting in its place the following:

____________GEORGIA LAWS 2001 SESSION__________917

*(c) In every county wherein the registrars do not maintain an office which is open and staffed during regular business hours, the registrars shall designate and appoint as chief deputy registrar a full-time county officer or employee for the purpose of registering eligible electors and performing other duties as may be required by the board of registrars. The governing authority of the county shall provide for the compensation of the chief deputy registrar in an amount not less than $259.88 per month. The name, business address, telephone number, and any other pertinent information relative to the chief deputy registrar shall be forwarded by the registrars to the Secretary of State's office, where such information shall be maintained on file.'

SECTION 17. Said title is further amended by adding a new Code section immediately following Code Section 21-2-213, to be designated 21-2-213.1, to read as follows:
'21-2-213.1.
In addition to any salary, fees, or expenses now or hereafter provided by law, the governing authority of each county is authorized to provide as contingent expenses for the operation of the office of the board of registrars, and payable from county funds, a monthly expense allowance for each registrar of not less than the amount fixed in the following schedule:

Population

Minimum Monthly Expenses

0 11,889 ......................................$100.00

11,890 75,000 250,000

74,999 ...................................... 200.00 249,999 ...................................... 300.00 499,999 ...................................... 400.00

500,000 or more ......................................... 500.00'

SECTION 18. Article 2 of Chapter 5 of Title 36 of the Official Code of Georgia Annotated, relating to county governing authorities, is amended by adding two new Code sections, to be designated Code Sections 36-5-27 and 36-5-28, to read as follows:
'36-5-27.
In addition to any other compensation to which a member of a county governing authority is entitled under general or local law, any such official who has been awarded a certificate from the University of Georgia, evidencing his or her successful completion of the voluntary course of training administered by the Carl Vinson Institute of Government resulting in designation as a certified county commissioner shall be entitled to a compensation supplement of $100.00 per month. With regard to members of the governing authority of a consolidated government, designation either as a certified county commissioner or a certified

918______GENERAL ACTS AND RESOLUTIONS, VOL. I_______
municipal official by the Carl Vinson Institute of Government shall be acceptable.

36-5-28.
On and after January 1, 2001, whenever the employees in the classified service ofthe state merit system receive a cost-of-living increase or general performance based increase of a certain percentage or a certain amount, the compensation to which a member of a governing authority is entitled under general or local law shall be increased by the same percentage or same amount applicable to such state employees. If the cost-of-living increase or general performance based increase received by state employees is in different percentages or different amounts as to certain categories of employees, the amount to which a member of a county governing authority is entitled under general or local law shall be increased by a percentage or an amount not to exceed the average percentage or average amount of the general increase in salary granted to the state employees. The Office of Planning and Budget shall calculate the average percentage increase or average amount increase when necessary. The periodic changes in the amount to which a member of a county governing authority is entitled under general or local law shall become effective on the first day of January following the date that the cost-of-living increases or general performance based increases received by state employees become effective; provided, however, that if the cost-of-living increases received by state employees become effective on January 1, such periodic changes in the amount to which a member of a county governing authority is entitled under general or local law shall become effective on the same date that the cost-of-living increases or general performance based increases received by state employees become effective."

SECTION ISA. Article 1 of Chapter 16 of Title 45 of the Official Code of Georgia Annotated, relating to general provisions relative to coroners, is amended by striking Code Section 45-16-11, relating to compensation of county coroners, and inserting in its place the following:
'45-16-11.
(a)(l) Any other law to the contrary notwithstanding, the minimum annual salary of each coroner in any of the counties in this state in the following population brackets shall be fixed according to the population of the county in which he or she serves, as determined by the United States decennial census of 1990 or any future such census. Except as otherwise provided in paragraph (2) of this subsection, each such coroner shall receive an annual salary, payable in equal monthly installments from the funds of the coroner's county, of not less than the amount fixed in the following schedule:

Population

Minimum Salary

0 11,889 .................................... $1,200.00

____________GEORGIA LAWS 2001 SESSION__________919
11,890 19,999 .................................... 2,400.00
20,000 34,999 .................................... 3,600.00
(2) On and after July 1,2001, whenever the employees in the classified service of the state merit system receive a cost-of-living increase or general performance based increase of a certain percentage or a certain amount, the amounts fixed in the minimum salary schedule in paragraph (1) of this subsection, and in Code Section 45-16-11.1, or the amounts derived by increasing each of said amounts through the application of longevity increases pursuant to subsection (b) of this Code section, where applicable, shall be increased by the same percentage or same amount applicable to such state employees. If the cost-of-living increase or general performance based increase received by state employees is in different percentages or different amounts as to certain categories of employees, the amounts fixed in the minimum salary schedule in paragraph (1) of this subsection, and in Code Section 45-16-11.1, or the amounts derived through the application of longevity increases, shall be increased by a percentage or an amount not to exceed the average percentage or average amount of the general increase in salary granted to the state employees. The Office of Planning and Budget shall calculate the average percentage increase or average amount increase when necessary. The periodic changes in the amounts fixed in the minimum salary schedule in paragraph (1) of this subsection, and in Code Section 45-16-11.1, or the amounts derived through the application of longevity increases, as authorized by this paragraph shall become effective on the first day of January following the date that the cost-of-living increases received by state employees become effective; provided, however, that if the cost-of-living increases or general performance based increases received by state employees become effective on January 1, such periodic changes in the amounts fixed in the minimum salary schedule in paragraph (1) of this subsection, and in Code Section 45-16-11.1, or the amounts derived through the application of longevity increases, as authorized by this paragraph shall become effective on the same date that the cost-of-living increases or general performance based increases received by state employees become effective. (3) The county governing authority may supplement the minimum annual salary of the coroner in such amount as it may fix from time to time; but no coroner's compensation supplement shall be decreased during any term of office. Any prior expenditure of county funds to supplement the coroner's salary in the manner authorized by this paragraph is ratified and confirmed. Nothing contained in this paragraph shall prohibit the General Assembly by local law from supplementing the annual salary of the coroner. (b) The amounts provided in paragraph (1) of subsection (a) ofthis Code section and Code Section 45-16-11.1, as increased by paragraph (2) of subsection (a) of this Code section, shall be increased by multiplying said amounts by the percentage which equals 5 percent times the number of completed four-year

920______GENERAL ACTS AND RESOLUTIONS, VOL. I______
terms of office served by any coroner after December 31,2000, effective the first day of January following the completion of each such period of service. (c) The minimum salaries provided for under this Code section shall be in addition to any fees paid by the county governing authority to the coroner on a per-call basis and in addition to any expenses. (d) The minimum salaries provided for in this Code section shall be considered as salary only. Expenses for deputies, equipment, supplies, copying equipment, and other necessary and reasonable expenses for the operation of a coroner's office shall come from funds other than the funds specified as salary in this Code section. (e) This Code section shall not be construed to reduce the salary of any coroner in office on July 1,2001; provided, however, that successors to such coroners in office on July 1,2001, shall be governed by the provisions of this Code section. All local legislation in effect on July 1, 2001, or enacted thereafter affecting compensation for coroners ofthe various counties shall be of full force and effect except where the same provides for a salary lower than provided in this Code section, in which event this Code section shall prevail.

45-16-11.1. In addition to the minimum salary provided for in Code Section 45-16-11, in any county which is the site of more than one state correctional institution or prison for adults or juveniles and which compensates the county coroner by salary, the state shall compensate the county coroner in the amount of $ 110.00 for each state inmate death in such county. The county coroner of such a county is authorized to accept the compensation provided in accordance with this Code section despite any local Act which requires such a coroner to send fees to the county treasury or the county governing authority.

45-16-11.2. In addition to any salary, fees, or expenses now or hereafter provided by law, the governing authority of each of the counties in this state in the following population bracket is authorized to provide as contingent expenses for the operation of the office of coroner, and payable from county funds, a monthly expense allowance of not less than the amount fixed in the following schedule:

Population

Minimum Monthly Expenses

0 34,999 .............................................$ 50.00"

SECTION 19. Article 3 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to county tax officials and administration, is amended by striking subsection (g) of Code Section 48-5-137, relating to tax collectors and tax commissioners as ex officio sheriffs, and inserting in its place the following:

____________GEORGIA LAWS 2001 SESSION__________921
*(g) Each tax collector or tax commissioner who is compensated on a salary basis and who is authorized to act as an ex officio sheriff under this Code section and whose office performs substantially all of the duties of the sheriff with respect to tax executions shall be entitled to a salary of $309.93 per month for his or her service as ex officio sheriff. Such compensation shall be in addition to any other compensation to which such tax commissioner or tax collector is entitled. Such additional compensation shall not be paid to any tax commissioner who is compensated solely by the fee system of compensation; but such compensation shall be paid to any tax commissioner who is compensated in part by fees and in part by a salary. Such compensation shall be paid in equal monthly installments from county funds."

SECTION 20. Said article is further amended by striking subsection (b) ofCode Section 48-5-183, relating to salaries oftax collectors and tax commissioners, and inserting in its place the following:
*(b)(l) Any other law to the contrary notwithstanding, except for the provisions of paragraph (2) of this subsection, the minimum annual salary of each tax collector and tax commissioner who is compensated by an annual salary shall be fixed according to the population of the county in which he or she serves, as determined by the United States decennial census of 1990 or any future such census. Each such officer shall receive an annual salary, payable in equal monthly installments from the funds of his or her county, of not less than the amount fixed in the following schedule:

Population

Minimum Salary

0 5,999 ..................................$ 26,336.77

6,000 11,889 ................................. 32,909.17

11,890 19,999 ................................. 37,100.42

20,000 28,999 ................................. 39,509.07

29,000 38,999 ................................. 42,795.28

39,000 49,999 ................................. 47,723.93

50,000 74,999 ................................. 55,968.90

75,000 99,999 ................................. 60,076.32

100,000 149,999 ................................. 64,182.45

150,000 199,999 ................................. 68,533.49

200,000 249,999 ................................. 72,884.53

922______GENERAL ACTS AND RESOLUTIONS, VOL. I________
250,000 299,999 ................................. 78,602.96
300,000 399,999 ................................. 84,321.40
400,000 499,999 ................................. 88,250.70
500,000 and more ................................... 92,179.99
(2) On and after July 1,2001, whenever the employees in the classified service of the state merit system receive a cost-of-living increase or general performance based increase of a certain percentage or a certain amount, the amounts fixed in the minimum salary schedule in paragraph (1) of this subsection, in subsection (g) of Code Section 48-5-137, and, where applicable, in subsection (c) of Code Section 21-2-213, or the amounts derived by increasing each of said amounts through the application of longevity increases pursuant to subsection (d) of this Code section, where applicable shall be increased by the same percentage or same amount applicable to such state employees. If the cost-of-living increase or general performance based increase received by state employees is in different percentages or different amounts as to certain categories of employees, the amounts fixed in the minimum salary schedule in paragraph (1) ofthis subsection, in subsection (g) of Code Section 48-5-137, and, where applicable, in subsection (c) of Code Section 21 -2-213, or the amounts derived through the application of longevity increases, shall be increased by a percentage or an amount not to exceed the average percentage or average amount ofthe general increase in salary granted to the state employees. The Office of Planning and Budget shall calculate the average percentage increase or average amount increase when necessary. The periodic changes in the amounts fixed in the minimum salary schedule in paragraph (1) of this subsection, in subsection (g) of Code Section 48-5-137, and, where applicable, in subsection (c) of Code Section 21-2-213, or the amounts derived through the application of longevity increases, as authorized by this paragraph shall become effective on the first day of January following the date that the cost-of-living increases received by state employees become effective; provided, however, that if the cost-of-living increases or general performance based increases received by state employees become effective on January 1, such periodic changes in the amounts fixed 'in the minimum salary schedule in paragraph (1) of this subsection, in subsection (g) of Code Section 48-5-137, and, where applicable, in subsection (c) of Code Section 21-2-213, or the amounts derived through the application of longevity increases as authorized by this paragraph, shall become effective on the same date that the cost-of-living increases or general performance based increases received by state employees become effective. (3) The county governing authority may supplement the minimum annual salary of the tax commissioner in such amount as it may fix from time to time; but no tax commissioner's compensation supplement shall be decreased during any term of office. Any prior expenditure of county funds to supplement the

____________GEORGIA LAWS 2001 SESSION__________923
tax commissioner's salary in the manner authorized by this paragraph is ratified and confirmed. Nothing contained in this paragraph shall prohibit the General Assembly by local law from supplementing the annual salary of the tax commissioner.'

SECTION 21. Said article is further amended by adding a new Code section immediately following Code Section 48-5-183, to be designated Code Section 48-5-183.1, to read as follows:
'48-5-183.1.
In addition to any salary, fees, or expenses now or hereafter provided by law, the governing authority of each county is authorized to provide as contingent expenses for the operation of the office of tax commissioner, and payable from county funds, a monthly expense allowance of not less than the amount fixed in the following schedule:

Population

Minimum Monthly Expenses

0 11,889 ......................................$ 100.00 11,890 74,999 ...................................... 200.00 75,000 249,999 ...................................... 300.00 250,000 499,999 ...................................... 400.00 500,000 or more ......................................... 500.00"

SECTION 22. Code Section 1-3-1 of the Official Code of Georgia Annotated, relating to construction of statutes generally, is amended in subparagraph (d)(2)(A) by striking "and" at the end of division (iv) and by inserting two new divisions immediately following division (v), to be designated divisions (vi) and (vii), to read as follows:
*(vi) Code Section 15-10-23; and (vii) Code Section 45-16-11;'.
SECTION 23. (a) Section 22, this section, and Section 24 of this Act shall become effective on July 1,2001. (b) Sections 1 through 21 of this Act shall become effective on January 1, 2002.
SECTION 24. All laws and parts of laws in conflict with this Act are repealed.
Approved April 27, 2001.

924______GENERAL ACTS AND RESOLUTIONS, VOL. I_______
PUBLIC OFFICERS AND EMPLOYEES - BOARD AND COMMISSION MEMBERS; EXPENSE ALLOWANCE.
Code Section 45-7-21 Amended.
No. 292 (House Bill No. 303).
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 increase the per diem expense allowance; 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 subsection (b) in its entirety and inserting in lieu thereof a new subsection (b) to read as follows:
'(b) Whenever this Code section or any other law of this state provides that members of any board, commission, or other body shall receive the same daily expense allowance as members of the General Assembly, whether by specific reference to this Code section or any other law or by a more general reference, the members of such board, commission, or other body shall receive a daily expense allowance of $105.00. Such $105.00 amount shall apply for members ofsuch boards, commissions, and other bodies, regardless ofwhether the amount actually received by members of the General Assembly under Code Section 28-1-8 is more or less than $105.00. The provisions of this subsection shall control over any conflicting provisions of any other earlier enacted law."
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.
Approved April 27, 2001.

____________GEORGIA LAWS 2001 SESSION__________925
INSURANCE - AGENTS, SUBAGENTS, SURPLUS LINES BROKERS, COUNSELORS, AND ADJUSTERS; LICENSING AND REGULATION
OF RESIDENTS AND NONRESIDENTS.
Code Title 33 Amended.
No. 293 (House Bill No. 352).
AN ACT
To amend Chapter 23 of Title 33 of the Official Code of Georgia, relating to licensing of agents, agencies, subagents, counselors, and adjusters, so as to provide definitions; to provide for licenses for resident and nonresident insurance agents, subagents, surplus lines brokers, counselors, and adjusters; to specify the circumstances under which such persons may be licensed; to provide procedures for licensure; to require annual reports from insurance agencies; to provide exceptions to licensure requirements; to authorize the Commissioner of Insurance to promulgate rules and regulations with regard to the licensing of insurance agents, subagents, counselors, and adjusters; to provide for the reinstatement of licenses in certain circumstances; to require bonds of certain licensees; to provide for the contents of applications for licenses; to provide for the appointment of agents by insurers; to require insurers to report the termination of appointments and the basis therefor in certain circumstances; to provide for temporary licenses under certain circumstances; to provide for the renewal of licenses, to allow for staggered deadlines, and to authorize sanctions for those persons who fail to renew their licenses as required by law; to provide for inactive licenses and the revocation of such licenses; to provide for the suspension of licenses and the effect of such suspension on rights arising under contract prior to the suspension; to provide grounds for refusal, suspension, and revocation of licenses; to require notification of change of place of business to the Commissioner of Insurance by licensees; to provide for the filing and renewal of certificates of authority and the termination thereof; to provide for service on nonresident licensees; to require licensees to maintain current information as to name and address with the Commissioner of Insurance; to provide for licensure of surplus lines brokers and to require bonds of same under certain conditions; to provide for the application of said provisions; to repeal Code Section 33-5-22 of the Official Code of Georgia Annotated, relating to the licensing of surplus lines broker generally; to amend Chapter 11 of Title 33 of the Official Code of Georgia Annotated, relating to investments, so as to provide for issuance, renewal, suspension, revocation, and refusal oflicenses for individuals selling variable annuities and variable life insurance; to provide for an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

926______GENERAL ACTS AND RESOLUTIONS, VOL. I________
SECTION 1. Chapter 23 of Title 33 of the Official Code of Georgia, relating to licensing of agents, agencies, subagents, counselors, and adjusters, is amended by striking Article 1, relating to agents, subagents, counselors, and adjusters, in its entirety and inserting in lieu thereof a new Article 1 to read as follows:
"ARTICLE 1
33-23-1.
(a) As used in this article, the term: (1) 'Adjuster'means any individual who for a fee, commission, salary, or other compensation investigates, settles, or adjusts and reports to his or her employer or principal with respect to claims arising under insurance contracts on behalf of the insurer or the insured or a person who directly supervises or manages such individual. The term 'adjuster' does not include: (A) Individuals who adjust claims arising under contracts of life or marine insurance or annuities; or (B) An agent or a salaried employee of an agent or a salaried employee of an insurer who adjusts or assists in adjusting losses under policies issued by such agent or insurer. (2) 'Agency' means a business entity which represents one or more insurers and is engaged in the business of selling, soliciting, or negotiating insurance. Agency also means a business entity insurance producer. (3) 'Agent' means an individual appointed or employed by an insurer who sells, solicits, or negotiates insurance. Agent also means an individual insurance producer. (4) 'Business entity' means a corporation, association, partnership, sole proprietorship, limited liability company, limited liability partnership, or other legal entity. (5) 'Controlled business of a person' means property or casualty insurance for a person or a person's spouse; for any relative by blood or marriage within the second degree of kinship as defined by paragraph (5) of Code Section 53-4-2; for a person's employer or the firm of which a person is a member; for any officer, director, stockholder, or member ofa person's employer or ofany firm of which a person is a partner; for any spouse of the officer, director, employer, stockholder, or member of a person's firm; for a person's ward or employee; or for any person or in regard to any property under a person's control or supervision in any fiduciary capacity. (6) 'Counselor' means any individual who engages or advertises or holds himself or herself out as engaging in the business of counseling, advising, or rendering opinions as to the benefits promised under any contract of insurance issued or offered by any insurer or as to the terms, value, effect, advantages, or disadvantages under the contract of insurance, other than an actuary or consultant advising insurers. When receiving a fee, commission, or other

___________GEORGIA LAWS 2001 SESSION__________927
compensation for this service, such individual shall not receive any compensation from any other source on or relating to the same transaction. (7) 'Home state' means Canada, the District of Columbia, and any state or territory of the United States in which an insurance producer maintains his or her principal place of residence or principal place of business and is licensed to act as an insurance producer. (8) 'Independent adjuster' means an adjuster representing the interest of the insurer who is not an employee of such insurer. (9) 'Insurance,1 except where the type of insurance is specifically stated, means all kinds of insurance other than bail bonding by individual sureties. (10) 'Insurance producer' means a person required to be licensed under the laws of this state to sell, solicit, or negotiate insurance. (11) 'Negotiate' means the act of conferring directly with or offering advice directly to a purchaser or prospective purchaser of a particular contract of insurance concerning any of the substantive benefits, terms, or conditions of the contract, provided that the person engaged in that act either sells insurance or obtains insurance from insurers for purchasers. (12) 'Person' means an individual or business entity. (13) 'Public adjuster' means any person who solicits, advertises for, or otherwise agrees to represent only a person who is insured under a policy covering fire, windstorm, water damage, and other physical damage to real and personal property other than vehicles licensed for the road, and any such representation shall be limited to the settlement of a claim or claims under the policy for damages to real and personal property, including related loss of income and living expense losses but excluding claims arising out of any motor vehicle accident. (14) 'Sell' means to exchange a contract of insurance by any means, for money or its equivalent, on behalf of an insurance company. (15) 'Solicit' means attempting to sell insurance or asking or urging a person to apply for a particular kind of insurance from a particular company. (16) 'Subagent' means any licensed agent, except as provided in Code Section 33-23-12, who acts for or on behalf of another licensed agent in the selling of, solicitation of, or negotiation for an insurance contract or annuity contract and who has on file with the Commissioner a certificate of authority from each agent with whom the subagent places insurance. Subagent also means subproducer. The term 'subagent' shall not include:
(A) An agent who places insurance with or through another agent involving 12 or fewer policies or certificates of insurance in any one calendar year; or (B) An agent who places surplus lines insurance with or through a surplus lines broker only with respect to such surplus lines insurance. (17) 'Surplus lines broker' means an individual licensed pursuant to Code Section 33-23-37. (b) The definitions of agent, subagent, counselor, and adjuster in subsection (a) of this Code section shall not be deemed to include:

928______GENERAL ACTS AND RESOLUTIONS, VOL. I_________
(1) An attorney at law admitted to practice in this state, when handling the collections of premiums or advising clients as to insurance as a function incidental to the practice of law or who, from time to time, adjusts losses which are incidental to the practice of his or her profession; (2) Any representative of ocean marine insurers; (3) Any representative of farmers' mutual fire insurance companies as defined in Chapter 16 of this title; (4) A salaried employee of a credit or character reporting firm or agency not engaged in the insurance business who may, however, report to an insurer; (5) A person acting for or as a collection agency; (6) A person who makes the salary deductions of premiums for employees or, under a group insurance plan, a person who serves the master policyholder of group insurance in administering the details of such insurance for the employees or debtors of the master policyholder or of a firm or corporation by which the person is employed and who does not receive insurance commissions for such service; provided, further, that an administration fee not exceeding 5 percent of the premiums collected paid by the insurer to the administration office shall not be construed to be an insurance commission; or (7) Persons exempted from licensure as provided in subsection (h) of Code Section 33-23-4.
33-23-1.1. As used in paragraph (6) of subsection (a) of Code Section 33-23-1, the definition of counselor, the term 'transaction' refers to coverage or services in the same line or subline of insurance; provided, however, that additional ancillary services for commercial risks in excess of acquisition services shall be considered a separate transaction when such additional ancillary services are disclosed in writing to the insured and approved in advance by the insured. Additional ancillary services shall include, but not be limited to, the following: risk identification; loss measurement; gathering and analysis ofloss information; verification ofworkers' compensation experience modifiers; setting ofrisk retention levels; development ofretention financing plans; development ofinsurance specifications; negotiation with insurers regarding coverages, costs, and payment options; implementation of retained and transferred risk programs; monitoring of annual program; and insurance audit services.
33-23-2. Reserved.
33-23-3. (a) Each principal office and each branch office of an agency as defined in paragraph (2) of subsection (a) of Code Section 33-23-1 must obtain an agency license prior to commencement of operations and renew such license annually by filing application forms prescribed by the Commissioner.

____________GEORGIA LAWS 2001 SESSION__________929
(b) An agency shall be subject to all penalties, fines, criminal sanctions, and other actions authorized for agents under this chapter. (c) No person shall be an owner of an agency or, if the agency is a corporation, no person shall be an officer or director of such corporation or own 10 percent or more of the corporation if such person has had his or her license under this chapter refused, revoked, or suspended.
33-23-4.
(a)(l) A person shall not sell, solicit, or negotiate insurance in this state for any class or classes of insurance unless the person is licensed for that line of authority in accordance with this chapter and applicable regulations. (2) Any individual who sells, solicits, or negotiates insurance in this state must be licensed as an agent. (3) Any business entity that sells, solicits, or negotiates insurance in this state must be licensed as an agency. (b) No insurer or agent doing business in this state shall pay, directly or indirectly, any commissions or any other valuable consideration to any person for services as an agent, subagent, or adjuster within this state, unless such person is duly licensed in accordance with this article. (c) An insurer may pay a commission or other valuable consideration to a licensed insurance agency in which all employees, stockholders, directors, or officers who sell, solicit, or negotiate insurance contracts are qualified insurance agents, subagents, or counselors holding currently valid licenses as required by the laws of this state; and an agent, subagent, or counselor may share any commission or other valuable consideration with such a licensed insurance agency. (d) No person other than a duly licensed adjuster, agent, subagent, or counselor shall pay or accept any commission or other valuable consideration except as provided in subsections (b) and (c) of this Code section. (e) This Code section shall not prevent the payment or receipt of renewal or deferred commissions by any agency or a person on the grounds that the licensee has ceased to be an agent, subagent, or counselor nor prevent the receipt or payment of any commission by an individual who has been issued a temporary license pursuant to this chapter. (f) Any individual who has been licensed as an agent for ten consecutive years or more and who does not perform any of the functions specified in paragraph (3) of subsection (a) of Code Section 33-23-1 other than receipt of renewal or deferred commissions shall be exempt from the requirement to maintain at least one certificate of authority; provided, however, that if such individual wishes to again perform any of the other functions specified in said paragraph, such individual must obtain approval from the Commissioner and comply with the requirements of this chapter and applicable rules and regulations, including without limitation the requirements for certificate of authority.

930______GENERAL ACTS AND RESOLUTIONS, VOL. I________
(g) Any person who willfully violates this Code section shall be guilty of a misdemeanor and, upon conviction thereof, shall be subject to punishment as provided in Code Section 17-10-3, relating to punishment for misdemeanors.
(h)(l) Nothing in this article shall be construed to require an insurer to obtain an insurance agent's license. As used in this Code section, the term 'insurer' does not include an insurer's officers, directors, employees, subsidiaries, or affiliates. (2) A license as an insurance agent shall not be required of the following:
(A) An officer, director, or employee of an insurer or of an insurance agent or agency, provided that the officer, director, or employee does not receive any commission on policies written or sold to insure risks residing, located, or to be performed in this state and:
(i) The officer, director, or employee's activities are executive, administrative, managerial, clerical, or a combination of these, and are only indirectly related to the sale, solicitation, or negotiation of insurance; (ii) The officer, director, or employee's function relates to underwriting, loss control, inspection, or the processing, adjusting, investigating, or settling of a claim on a contract of insurance; or (iii) The officer, director, or employee is acting in the capacity of a special agent or agency supervisor assisting insurance agents where the person's activities are limited to providing technical advice and assistance to licensed insurance producers and do not include the sale, solicitation, or negotiation of insurance; (B) A person who meets the criteria set forth in paragraph (6) of subsection (b) of Code Section 33-23-1; (C) An employer or association or its officers, directors, or employees or the trustees of an employee trust plan to the extent that the employers, officers, employees, directors, or trustees are engaged in the administration or operation of a program of employee benefits for the employer's or association's own employees or the employees of its subsidiaries or affiliates, which program involves the use of insurance issued by an insurer, so long as the employers, associations, officers, directors, employees, or trustees are not in any manner compensated, directly or indirectly, bythe company issuing the contracts; (D) Employees of insurers or organizations employed by insurers who are engaging in the inspection, rating, or classification of risks or in the supervision of the training of insurance agents and who are not individually engaged in the sale, solicitation, or negotiation of insurance; (E) A person whose activities in this state are limited to advertising without the intent to solicit insurance in this state through communications in printed publications or other forms of electronic mass media whose distribution is not limited to residents of the state, provided that the person does not sell, solicit, or negotiate insurance that would insure risks residing, located, or to be performed in this state;

____________GEORGIA LAWS 2001 SESSION__________931
(F) A person who is not a resident of this state who sells, solicits, or negotiates a contract of insurance for commercial property and casualty risks to an insured with risks located in more than one state insured under that contract, provided that the person is otherwise licensed as an insurance agent to sell, solicit, or negotiate insurance in the state where the insured maintains its principal place of business and the contract of insurance insures risks located in that state; or (G) A salaried, full-time employee who counsels or advises his or her employer relative to the insurance interests of the employer or of the subsidiaries or business affiliates of the employer provided that the employee does not sell or solicit insurance or receive a commission.
33-23-5.
(a) For the protection of the people of this state, the Commissioner shall not issue, continue, or permit to exist any license, except in compliance with this chapter and except as provided in Code Sections 33-23-3, 33-23-4, 33-23-12, 33-23-13, 33-23-14, 33-23-16, 33-23-17, 33-23-29, 33-23-29.1, and 33-23-37. The Commissioner shall not issue a license to any individual applicant for a license who does not meet or conform to qualifications or requirements set forth in paragraphs (1) through (8) of this subsection:
(1) The individual applicant must be a resident of this state who will reside and be present within this state for at least six months of every year or an individual whose principal place of business is within this state; provided, however, in cities, towns, or trade areas, either unincorporated or comprised of two or more incorporated cities or towns, located partly within and partly outside the state, requirements as to residence and principal place of business shall be deemed met if the residence or place of business is located in any part of the city, town, or trade area and if the other state in which the city, town, or trade area is located in part has established like requirements as to residence and place of business. The individual applying for an agent, adjuster, or counselor license must be at least 18 years of age; (2) If applying for an agent's license for property and casualty insurance, the applicant must not use or intend to use the license for the purpose of obtaining a rebate or commission upon controlled business; and the applicant must not in any calendar year effect controlled business that will aggregate as much as 25 percent of the volume of insurance effected by such applicant during such year, as measured by the comparative amounts of premiums; (3) If applying for an agent's license, the applicant must have been appointed an agent by an authorized insurer subject to issuance of the license; (4) The individual applicant must be of good character; (5) The individual applicant must pass any written examination required for the license by this article, provided that:
(A) An individual who applies for an insurance agent's license in this state who was previously licensed for the same lines of authority in another state shall not be required to complete any prelicensing education or examination.

932______GENERAL ACTS AND RESOLUTIONS, VOL. I________
This exemption is only available ifthe individual is currently licensed in that state or ifthe application is received within 90 days ofthe cancellation ofthe applicant's previous license and if the prior state issues a certification that, at the time of cancellation, the applicant was in good standing in that state or the state's producer data base records maintained by the National Association of Insurance Commissioners, its affiliates, or subsidiaries indicate that the agent is or was licensed in good standing for the line of authority requested; (B) An individual licensed as an insurance agent in another state who moves to this state shall make application within 90 days of establishing legal residence to become a resident licensee pursuant to Code Section 33-23-8. No prelicensing education or examination shall be required ofthat individual to obtain any line ofauthority previously held in the prior state except where the Commissioner determines otherwise by rule or regulation; (6) If applying for a license as counselor, the applicant must show that he or she has had five years' experience acting as either an agent, subagent, or adjuster or in some other phase of the insurance business which in the opinion of the Commissioner has qualified the applicant to act as such counselor; and the applicant shall pass such examination as shall be required by the Commissioner; (7) If applying for an agent's license, subagent's license, or adjuster's license, no applicant shall be qualified therefor or be so licensed unless he or she has successfully completed classroom courses in insurance satisfactory to the Commissioner at a school which has been approved by the Commissioner; and (8) The Commissioner shall by rule or regulation establish criteria and procedures for the scope of prelicensing requirements and exemptions, if any, to the prelicensing or examination requirements. (b) An individual who was licensed as an agent, counselor, subagent, surplus line broker, or adjuster at the time such individual was employed by the Commissioner and who while so employed was employed in responsible insurance duties as a full-time bona fide employee shall be permitted to reinstate his or her license upon termination of employment if written request is made within 90 days after the date of termination of employment with the Commissioner.
33-23-6.
In addition to other applicable provisions ofthis chapter, an applicant for a public adjuster's license must have previously filed a bond as required by rule or regulation of the Commissioner.
33-23-7.
In addition to other applicable provisions of this chapter, an applicant for a counselor's license must have previously filed a bond as required by rule or regulation by the Commissioner.

____________GEORGIA LAWS 2001 SESSION__________933
33-23-8.
(a) An individual applicant for any license required by this chapter shall file with the Commissioner a written application upon forms prescribed by the Commissioner. The application shall be signed and verified by the oath of the applicant. (b) If the application is for an agent's or subagent's license, the application shall state the kinds of insurance proposed to be transacted and shall be accompanied by written appointment of the applicant as agent or subagent by an authorized insurer or sponsoring agent subject to issuance of the license. (c) As to any application for an agent's or subagent's license or certificate of authority, the Commissioner shall require as part of the application a certificate of the insurer or sponsoring agent proposed to be represented. The certification shall state, relative to the applicant's character, including criminal background, identity, residence, experience, and instruction as to the kinds of insurance to be transacted, that the insurer or sponsoring agent is satisfied that the applicant is trustworthy and qualified to act as its agent or subagent and to hold himself or herself out in good faith to the general public as an agent or subagent, and the fact that the insurer or sponsoring agent desires that the applicant be licensed as an agent or subagent to represent it in this state. (d) Each applicant for an agency license shall file with the Commissioner the information required under Code Section 33-23-3. (e) All such applications shall be accompanied by the appropriate fees in the respective amounts as provided by law.
33-23-9.
The rules and regulations of the Commissioner shall designate textbooks, manuals, and other materials to be studied by the applicant in preparation for examinations in each classification designated by the Commissioner. The textbooks, manuals, or other materials may consist of matter available to applicants by purchase from the publisher or may consist of matter prepared at the direction of the Commissioner and distributed to applicants upon request therefor and payment of reasonable costs. When textbooks, manuals, or other materials shall have been designated by or prepared at the direction of the Commissioner, all examination questions shall be prepared from the contents of those textbooks, manuals, or other materials.
33-23-10. (a) Each individual applicant for a license as agent, subagent, counselor, adjuster, or surplus line broker shall submit to a personal examination in writing as to his or her competence to act in such capacity. The examination shall be prepared and given by the Commissioner or a designee of the Commissioner and shall be given and graded in a fair and impartial manner and without unfair discrimination as between individuals examined. Any required examination may be supplemented by an oral examination at the discretion of the Commissioner. The Commissioner shall provide by rule or regulation for a reasonable waiting

934______GENERAL ACTS AND RESOLUTIONS, VOL. I_______
period before giving a reexamination to an applicant who failed to pass a previous similar examination. (b) The Commissioner shall by rule or regulation establish criteria and procedures for:
(1) The scope of any examination; and (2) Exemptions, if any, to examinations. (c) An applicant for a license to act as an agent, subagent, surplus line broker, counselor, or adjuster who held a valid license to act as such which lapsed while the applicant was a member of any branch of the armed forces of the United States shall be granted a new license ifapplication is made within a period offive years from the date of the expiration of the old license and proof satisfactory to the Commissioner is furnished that: (1) The individual was a member of the armed forces of the United States at the time the previous license lapsed; and (2) The individual's service in the armed forces of the United States was not terminated more than one year prior to the date of application for a new license.
33-23-11. (a) The Commissioner shall issue licenses applied for to persons qualified for the licenses in accordance with this chapter. (b) The license shall state the name and address ofthe licensee, the date of issue, the general conditions relative to expiration or termination, the kind or kinds of insurance covered if not an insurance agency license, and the other conditions of licensing. (c) Upon the request of a licensee under this chapter, the Commissioner shall provide a certificate of licensure which shall be suitable for display at the business premises of the licensee. The Commissioner shall provide by rule or regulation the application procedures for the certificate and the form and content of the certificate. (d) The Commissioner shall have the authority to enter into agreements with persons for the purposes of providing licensing testing, administrative, record-keeping, printing, mounting, and other services related to the administration of the Commissioner's duties under this chapter and to set appropriate charges by rule or regulation to cover the costs of such services which shall be in addition to the fees otherwise provided for in this title and shall be paid directly to the providers of such services. The Commissioner may require applicants for licenses to pay such charges for licensing testing and for the cost of the printing and mounting of a certificate of licensure which is suitable for display directly to the provider of such services. The Commissioner may require insurers to pay such charges for administrative, record-keeping, and other services provided for in this subsection directly to the provider of such services in proportion to the number of their authorized agents.

____________GEORGIA LAWS 2001 SESSION__________935
33-23-12. (a) Except as provided in subsection (b) of this Code section for credit insurance licenses, and subsection (c) of this Code section for rental companies, the Commissioner may provide by rule or regulation for licenses which are limited in scope to specific lines or sublines of insurance.
(b)( 1) Licenses shall be issued to individuals for the purpose of writing credit insurance as provided in this subsection. (2) Resident applicants must be sponsored by an insurer authorized to write credit insurance in this state, and the applicant must certify that he or she has read and understands the provisions of this title and regulations promulgated pursuant to this title which are pertinent to credit insurance in this state. (3) Nonresident applicants must follow the appointment process set forth in subsection (g) of Code Section 33-23-16. (4) No prelicensing education or prelicensing examination shall be required for issuance of such license, and the insurer shall certify that the licensee has completed a minimum of five hours of self-study in credit insurance subjects. (5) The lines or sublines of insurance included in the scope of authority of credit insurance licenses issued under this Code section shall include, but not be limited to, the following:
(A) Credit life and credit accident and sickness insurance; (B) Credit casualty insurance; (C) Credit property insurance; (D) Credit unemployment insurance; (E) Accidental death and dismemberment insurance; (F) Nonfiling or nonrecording insurance; (G) Vendors' single interest insurance; and (H) Any other lines or sublines of insurance which may become accepted as credit insurance by the insurance and lending industries unless otherwise disapproved by the Commissioner. (c)(l) As used in this subsection, the term: (A) 'Limited licensee' means a person or entity authorized to sell certain coverages relating to the rental of vehicles pursuant to the provisions of this subsection. (B) 'Rental agreement' means any written agreement setting forth the terms and conditions governing the use of a vehicle provided by the rental company for rental or lease. (C) 'Rental company' means any person or entity in the business of providing primarily private passenger vehicles to the public under a rental agreement for a period not to exceed 90 days. (D) 'Rental period' means the term of the rental agreement. (E) 'Renter1 means any person obtaining the use of a vehicle from a rental company under the terms of a rental agreement for a period not to exceed 90 days. (F) 'Vehicle' or 'rental vehicle' means a motor vehicle of the private passenger type including passenger vans, minivans, and sport utility

936______GENERAL ACTS AND RESOLUTIONS, VOL. I________
vehicles, and of the cargo type, including cargo vans, pick-up trucks, and trucks with a gross vehicle weight of less than 26,000 pounds and which do not require the operator to possess a commercial driver's license. (2) The Commissioner may issue to a rental company that has complied with the requirements of this subsection a limited license authorizing the limited licensee to offer or sell insurance through a licensed insurer in connection with the rental of vehicles. (3) As a prerequisite for issuance of a limited license under this subsection, there shall be filed with the Commissioner a written application for a limited license, signed by an officer of the applicant, in such form or forms, and supplements thereto, and containing such information, as the Commissioner may prescribe. (4) In the event that any provision of this subsection is violated by a limited licensee, the Commissioner may: (A) After notice and a hearing, revoke or suspend a limited license issued under this subsection in accordance with the provisions of Code Sections 33-23-21 and 33-23-22; or (B) After notice and a hearing, impose such other penalties, including suspending the transaction of insurance at specific rental locations where violations of this subsection have occurred, as the Commissioner deems to be necessary or convenient to carry out the purposes of this subsection. (5) The rental company licensed pursuant to paragraph (2) of this subsection may offer or sell insurance through licensed insurers only in connection with and incidental to the rental of vehicles, whether at the rental office or by preselection of coverage in an individual, master, corporate, or group rental agreement, in any of the following general categories: (A) Personal accident insurance covering the risks of travel, including but not limited to accident and health insurance that provides coverage, as applicable, to renters and other rental vehicle occupants for accidental death or dismemberment and reimbursement for medical expenses resulting from an accident that occurs during the rental period; (B) Liability insurance, which, at the exclusive option of the rental company, may include uninsured and underinsured motorist coverage whether offered separately or in combination with other liability insurance, that provides coverage, as applicable, to renters and other authorized drivers ofrental vehicles for liability arising from the operation ofthe rental vehicle; (C) Personal effects insurance that provides coverage, as applicable, to renters and other rental vehicle occupants for the loss of, or damage to, personal effects that occurs during the rental period; (D) Roadside assistance and emergency sickness protection programs; and (E) Any other travel or vehicle related coverage that a rental company offers in connection with and incidental to the rental of vehicles. (6) No insurance may be offered by a limited licensee pursuant to this subsection unless:

___________GEORGIA LAWS 2001 SESSION__________937
(A) The rental period of the rental agreement does not exceed 90 consecutive days; (B) At every rental location where rental agreements are executed, brochures or other written materials are readily available to the prospective renter that:
(i) Summarize clearly and correctly the material terms of coverage offered to renters, including the identity of the insurer; (ii) Disclose that such policies offered by the rental company may provide a duplication of coverage already provided by a renter's personal automobile insurance policy, homeowner's insurance policy, personal liability insurance policy, or other source of coverage; (iii) State that the purchase by the renter of the kinds of coverage specified in this subsection is not required in order to rent a vehicle; and (iv) Describe the process for filing a claim in the event the renter elects to purchase coverage and in the event of a claim; (C) Evidence of coverage on the face of the rental agreement is disclosed to every renter who elects to purchase such coverage. (7) Any limited license issued under this subsection shall also authorize any employee of the limited licensee to act individually on behalf, and under the supervision, of the limited licensee with respect to the kinds of coverage specified in this subsection. (8) Each rental company licensed pursuant to this subsection shall provide a training program in which employees being trained by a licensed instructor receive basic insurance instruction about the kinds of coverage specified in this subsection and offered for purchase by prospective renters of rental vehicles. Additionally, each rental company shall provide for such employees two hours of continuing education courses annually to be taught by a licensed instructor. A rental company shall certify that, prior to offering such coverages, each employee has received such instruction. (9) Notwithstanding any other provision of this subsection or any rule adopted by the Commissioner, a limited licensee pursuant to this subsection shall not be required to treat moneys collected from renters purchasing such insurance when renting vehicles as funds received in a fiduciary capacity, provided that the charges for coverage shall be itemized and be ancillary to a rental transaction. The sale of insurance not in conjunction with a rental transaction shall not be permitted. (10) No limited licensee under this subsection shall advertise, represent, or otherwise hold itself or any of its employees out as licensed insurers, insurance agents, or insurance brokers.
33-23-13. (a) In the event of the death of an agent or subagent, including a temporary agent or subagent, or the inability to act as an agent or subagent by reason of service in the armed services of the United States, illness or other disability, or termination of appointment by the insurer, if there is no other individual

938______GENERAL ACTS AND RESOLUTIONS, VOL. I________
connected with the agency who is licensed as an agent or subagent in regard to insurance of the classification transacted by the agent or subagent deceased or unable to act, the Commissioner may issue a temporary license as agent or subagent in regard to insurance of such classification to an employee of the agency, to a member of the family of said former agent or subagent, or to some associate or to a guardian, receiver, executor, or administrator for the purpose of continuing or winding up the business affairs of the agent, subagent, or agency. A temporary license shall be issued only to an applicant who has filed a sworn application upon forms prescribed by the Commissioner. The applicant shall not be required to meet the requirements as to examination, residence, and education required for licensing of agents or subagents other than temporary agents. If the Commissioner deems the applicant to be qualified for a temporary license, the Commissioner shall issue the license. (b) A temporary license may be issued to an individual at the request of an insurer for the purposes of training such individual to act as an agent; provided, however, such individual must perform his or her duties under the supervision of an individual licensed under this article. The Commissioner may prescribe by rule or regulations such further restrictions on such temporary licenses as may be necessary for the protection of the public. (c) A license issued pursuant to this Code section shall be effective for six months, renewable from time to time for renewal periods of three months in the discretion of the Commissioner; but in no event shall such renewal or any other temporary license of renewal with reference to the same matter extend to a time more than 15 months after the date of the first issuance of a temporary license in such matter. (d) A temporary license issued pursuant to subsection (a) of this Code section shall authorize the negotiation of renewal policies, the receipt and collection of premiums, and such other acts as are necessary to the continuance of the particular insurance business of the agent or subagent. The license shall not authorize the holder thereof to sell, solicit, or negotiate new insurance accounts.
33-23-14. (a) The Commissioner shall have the authority to issue a probationary license to any applicant under this chapter. (b) A probationary license may be issued for a period of not less than three months and not longer than 12 months and shall be subject to immediate revocation for cause at any time without a hearing. (c) The Commissioner, at his or her discretion, shall prescribe the terms of probation, may extend the probationary period, or refuse to grant a license at the end of any probationary period.
33-23-15. The Commissioner may issue two or more licenses to one individual provided the individual meets all qualifications and conditions for each such license.

____________GEORGIA LAWS 2001 SESSION__________939
33-23-16. (a) Unless denied licensure pursuant to Code Section 33-23-21, a nonresident person shall receive a nonresident agent's license if:
(1) The person is currently licensed as a resident and in good standing in such person's home state; (2) The person has submitted the proper request for licensure and has paid the fees required by Code Section 33-8-1; (3) The person has submitted or transmitted to the Commissioner the application for licensure that the person submitted to such person's home state or, in lieu of the same, a completed uniform application or a form prescribed by the Commissioner by rule or regulation for licensure of nonresident agents; and (4) The person's home state awards nonresident agent licenses to residents of this state on the same basis. (b) The Commissioner may verify the agent's licensing status through the producer data base maintained by the National Association of Insurance Commissioners, its affiliates, or subsidiaries. (c) A nonresident agent who moves from one state to another state or a resident agent who moves from this state to another state shall file a change of address and provide certification from the new resident state within 30 days ofthe change in legal residence. No fee or application is required. (d) Notwithstanding any other provision of this title, a person licensed as a surplus lines broker in such person's home state shall receive a nonresident surplus lines broker license pursuant to subsection (a) of this Code section. Except as to subsection (a) of this Code section, nothing in this Code section otherwise amends or supercedes any portion of this title. (e) Notwithstanding any other provision of this title, a person licensed as a limited line credit insurance or other type of limited lines agent in such person's home state shall receive a nonresident limited lines agent license pursuant to subsection (a) of this Code section granting the same scope of authority as granted under the license issued by the agent's home state. For the purposes of this subsection, limited line insurance is any authority granted by the home state which restricts the authority of the license to less than the total authority prescribed in the associated major lines pursuant to applicable Georgia regulations. (f) The Commissioner may by rule or regulation implement a renewal process and set expiration dates. (g) A nonresident individual agent shall not act as an agent of an insurer unless the agent becomes an appointed agent of that insurer. An agent who is not acting as an agent of an insurer is not required to become appointed. (1) To appoint an individual as its agent, the appointing insurer shall file, pursuant to Code Section 33-23-26, a notice of appointment within 15 days from the date of licensure or before the first insurance application is submitted. An insurer may also elect to appoint an agent to all or some insurers within the

940______GENERAL ACTS AND RESOLUTIONS, VOL. I________
insurer's holding company system or group by the filing of a single appointment request. (2) Upon receipt of the notice of appointment, the Commissioner shall verify within a reasonable time, not to exceed 30 days, that the insurance agent is eligible for appointment. If the insurance agent is determined to be ineligible for appointment, the Commissioner shall notify the insurer within five days of such determination. (3) An insurer shall pay an appointment fee, in the amount and method of payment set forth in Code Section 33-8-1, for each insurance agent appointed by the insurer. (4) An insurer shall remit, in a manner prescribed by the Commissioner, a renewal appointment fee in the amount as provided for initial appointments set forth in Code Section 33-8-1. (h) Applicants whose home state does not require a license to transact business may be licensed in this state, provided that the applicant takes the examination issued by the Commissioner where required pursuant to this chapter and the applicant submits written documentation from his or her resident state demonstrating the lack of licensing requirement and the state's reciprocity with residents from this state.
33-23-17. An individual who is not a resident of this state may be registered to represent an authorized life insurer domiciled in this state, provided such individual only represents the insurer exclusively at a United States military installation located in a foreign country. The Commissioner may, upon request of the insurer on application forms prescribed by the department and upon payment of an annual registration fee of $25.00, issue a certificate of registration to the individual. An official of the insurer shall certify to the Commissioner that the applicant has the necessary training to hold himself or herself out as a foreign life or accident and sickness insurance representative; and the official of the insurer shall further certify on behalf of his or her insurer that it is willing to be bound by the acts of such applicant within the scope of his or her employment. Such certificate shall expire as of December 31 succeeding the date of its issuance unless it is terminated at an earlier time in accordance with this chapter and Chapter 2 ofthis title.
33-23-18. (a) All resident agent, subagent, adjuster, and counselor licenses, with the exception of temporary or probationary licenses, shall be issued on a continuous basis. (b) Such resident agent, subagent, adjuster, and counselor licenses may be continued upon receipt by the Commissioner of evidence of such continuing education as the Commissioner may establish by rule or regulation and payment of such fees as are provided by law.

____________GEORGIA LAWS 2001 SESSION__________941
(c) Filings for continuation of the license on forms prescribed by rule or regulation must be made prior to the first December 31 following the initial issuance of the license and every December 31 thereafter. (d) Continuing education requirements imposed by the Commissioner pursuant to this Code section shall not exceed 15 classroom hours for each licensed individual who has held a license for less than 20 years during the calendar year. For those individuals who have held a license for 20 years or more the requirement shall be no more than ten classroom hours during the calendar year. (e) Any individual who has been licensed as an agent for ten consecutive years or more and who does not perform any ofthe functions specified in paragraph (3) of subsection (a) of Code Section 33-23-1 other than receipt of renewal or deferred commissions shall be exempt from continuing education requirements; provided, however, that if such individual wishes to again perform any of the other functions specified in said paragraph, such individual must obtain approval from the Commissioner and comply with the requirements of this chapter, including without limitation the requirements for continuing education. The Commissioner may provide, by rule or regulation, for any other exemption to or reduction in continuing education required under this Code section. (f) Every individual required to participate in a continuing education program pursuant to this Code section shall furnish or such individual's insurer shall furnish the Commissioner such information as the Commissioner deems necessary to verify compliance with the continuing education requirements. (g) The Commissioner by rule or regulation may establish the following:
(1) Staggered deadlines for the filing of forms for continuation of licenses and the corresponding required fees; and (2) Penalties and procedures for licensees who fail to comply with subsection (c) of this Code section.
33-23-19. (a) An agent's license shall be placed on inactive status when the agent no longer has on file with the Commissioner a certificate of authority to represent at least one insurer licensed to do business in this state. (b) When a license placed on inactive status under this Code section has been in such status for two consecutive years without a certificate of authority having been filed with and accepted by the Commissioner, such license may be revoked without further notice or hearing. (c) During the time a license is in inactive status under the provisions of this Code section, the licensee still shall be required to provide evidence of compliance with the continuing education requirements of Code Section 33-23-18.
33-23-20. (a) The suspension of the license of an agent or subagent or the placing of such license in inactive status shall not deprive such individual or the executors or administrators of such individual's estate of any right that may have been

942______GENERAL ACTS AND RESOLUTIONS, VOL. I________
acquired by a contract made before such suspension or placement in inactive status to receive all or a portion of commissions upon contracts of insurance written before such suspension or placement in inactive status with reference to the periods of time during which such contracts are in effect, including renewal option periods provided in the contracts. (b) In case of a sale of an agency upon a work-out basis, the vendor without maintaining his or her license or the executors and administrators ofthe vendor's estate may participate in the proceeds of premiums on insurance written by the purchaser of the agency when and as authorized to do so by the contract of sale of the agency; and this participation may be without limitation of time after the vendor ceased to hold a license. An agent whose license has been suspended or placed in inactive status may, when the countersignature of a resident licensed agent is required pursuant to Code Section 33-3-26 and if authorized by the insurer, countersign certificates and endorsements necessary to continue coverage to the expiration date, including renewal option periods. (c) Nothing in this article shall be construed to permit an agent or subagent whose license has been suspended or placed in inactive status to sell, solicit, or negotiate insurance other than as expressly permitted in subsections (a) and (b) of this Code section.
33-23-21. A license, other than a probationary license, may be refused or a license duly issued may be suspended or revoked by the Commissioner if the Commissioner finds that the applicant for or holder of the license:
(1) Has violated any provision of this title or of any other law of this state relating to insurance; (2) Has misrepresented or concealed any material fact in any application for a license or on any form filed with the Commissioner; (3) Has obtained or attempted to obtain the license by misrepresentation, concealment, or other fraud; (4) Has misappropriated, converted to his or her own use, or illegally withheld money belonging to an insurer, insured, agent, agency, applicant, or a beneficiary; (5) Has committed fraudulent or dishonest practices; (6) Has materially misrepresented the terms and conditions of an insurance policy or contract; (7) Has failed to pass an examination pursuant to this article, or cheated on any examination required for a license; (8) Has failed to comply with or has violated any proper order, rule, or regulation, issued by the Commissioner, including any order issued by the Commissioner or the Commissioner s designated representative during the course of any administrative hearing proceeding; (9) Is not in good faith carrying on business as an agent or subagent, but, on the contrary, is holding such license for the purpose of securing rebates or commissions or controlled business;

___________GEORGIA LAWS 2001 SESSION___________943
(10) Is not in good faith carrying on business as a licensee under this chapter; (11) Has shown lack of trustworthiness or lack of competence to act as an licensee under this chapter; (12) Has knowingly participated in the writing or issuance of substantial overinsurance of any property' insurance risk; (13) Has failed or refused, upon written demand, to pay over to any insurer, agent, agency, applicant, beneficiary, or insured any moneys which belong to such insurer, agent, agency, applicant, beneficiary, or insured; (14) Has failed to comply with Code Section 33-2-12 or 33-2-13 or has refused to appear or to produce records in response to a written demand by the Commissioner sent by registered or certified mail or statutory overnight delivery to the last known address of the licensee as shown in the records of the Commissioner; (15) Has 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 in the courts of the United States; as used in this paragraph and paragraph (16) 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; (16) Has 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. 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; (17) Has failed to report to the Commissioner any criminal prosecution of the applicant or licensee taken in any jurisdiction. The report shall include a copy of the initial complaint filed, the order resulting from any hearing that has taken place, and any other relevant legal documents. Such report must be filed with the application or within 30 days of the date of arrest; (18) Has had a license to practice a business or profession licensed under the laws of this state or any other state, territory, country, or the United States revoked, suspended, or annulled by any lawful licensing authority; had other disciplinary action taken against him or her by any such lawful licensing authority; was denied or refused a license by any such lawful licensing authority pursuant to disciplinary proceedings; or was refused the renewal of a license by any such lawful licensing authority pursuant to disciplinary proceedings; (19) Has failed to notify the Commissioner within 60 days of any event referred to in paragraph (15), (16), or (18) of this Code section;

944______GENERAL ACTS AND RESOLUTIONS, VOL. I_______
(20) Is not in compliance with an order for child support as defined by Code Section 19-6-28.1 or 19-11-9.3; for violations of this paragraph only, any hearing and appeal procedures conducted pursuant to such Code sections shall be the only such procedures required to suspend, deny, or revoke any license under this title; or (21) Is a borrower in default who is not in satisfactory repayment status as defined by Code Section 20-3-295; for violations of this paragraph only, any hearing and appeal procedures conducted pursuant to Code Section 20-3-295 shall be the only such procedures required to suspend, deny, or revoke any license under this title.
33-23-22. (a) Any license, other than a probationary license or inactive license as described in subsection (b) of Code Section 33-23-19, may be suspended or revoked as provided by Code Section 33-23-21 and subsection (b) ofCode Section 33-23-19, and the Commissioner shall give notice of such action to the applicant for or holder of the license and any insurer or agent whom the applicant or licensee represents or who desires that the applicant or licensee be licensed. The procedure for conduct of hearings set forth in Chapter 2 of this title shall be followed in all cases except those cases pursuant to paragraph 20 or (21) of Code Section 33-23-21 which shall only require the hearings provided for in either paragraph. (b) Appeal from any order or decision of the Commissioner made pursuant to this chapter shall be taken as provided in Chapter 2 of this title.
33-23-23. (a) No licensee or applicant whose license or application has been refused or revoked as provided by Code Sections 33-23-21 and 33-23-22 shall be entitled to file another application for a license as an agent, agency, subagent, surplus lines broker, counselor, or adjuster within five years from the effective date ofthe refusal, revocation, or, ifjudicial review of such refusal or revocation is sought, within five years from the date of the final court order or decree affirming such refusal or revocation. (b) The application when filed may be refused by the Commissioner unless the applicant shows good cause why the refusal or revocation of the license shall not be deemed a bar to the issuance of a new license. (c) By law, any surrender of a license under written consent order shall have the same effect as a revocation under subsections (a) and (b) of this Code section.
33-23-24. The permits of service representatives and licenses of licensees under this article shall not be transferable.

____________GEORGIA LAWS 2001 SESSION__________945
33-23-25. Every licensed agent, subagent, counselor, and adjuster shall have and maintain in this state or, if a nonresident licensee, in the state of domicile, a place of business accessible to the public. The place of business shall be that wherein the licensee principally conducts transactions pursuant to the license. The address of the place of business shall appear on all licenses of the resident licensee. All resident and nonresident licensees shall promptly notify the Commissioner in writing within 30 days of any change in the business address.
33-23-26. (a) Each insurer authorized to transact insurance in this state shall obtain an agent's certificate of authority for each agent representing such insurer in the selling, soliciting, or negotiating of contracts of insurance in this state. For the purposes of this subsection, the insurer will be deemed to have obtained a certificate of authority for its designated agent immediately upon submission of the appointment request to the Commissioner; provided, however, that the initial certificate of authority for an applicant for licensure shall not become effective until the date such applicant is finally granted a license by the Commissioner. (b) All agent's certificates of authority shall be renewed by the insurer in such form and manner as the Commissioner may prescribe by rule or regulation. (c) The fee for each agent's certificate of authority or renewal thereof shall be as provided in Code Section 33-8-1. (d) An insurer or authorized representative of the insurer that terminates the appointment, employment, contract, or other insurance business relationship with an agent shall notify the Commissioner within 30 days following the effective date of the termination, using a format prescribed by the Commissioner, if the reason for the termination is one of the reasons set forth in Code Section 33-23-21 or the insurer has knowledge that the agent was found to have engaged in any ofthe activities in Code Section 33-23-21 by a court, governmental body, or self-regulatory organization authorized by law. Upon the written request of the Commissioner, the insurer shall provide additional information, documents, records, or other data pertaining to the termination or activity of the agent. (e) If an agent's certificate of authority is terminated, the insurer promptly shall give notice of said termination and the effective date of the termination to the Commissioner and to the agent where reasonably possible. The Commissioner may also require the insurer to demonstrate to the satisfaction of the Commissioner that the insurer has made a reasonable effort to give notice to the agent. (f) An insurer or authorized representative of the insurer that terminates the appointment, employment, or contract with an agent for any reason not set forth in Code Section 33-23-21 shall notify the Commissioner within 30 days following the effective date of the termination, using a format prescribed by the Commissioner. Upon written request of the Commissioner, the insurer shall provide additional information, documents, records, and other data pertaining to such termination.

946______GENERAL ACTS AND RESOLUTIONS, VOL. I_______
(g) The insurer or the authorized representative of the insurer shall promptly notify the Commissioner in a format acceptable to the Commissioner if, upon further review or investigation, the insurer discovers additional information that would have been reportable to the Commissioner in accordance with subsection (d) of this Code section had the insurer known of its existence, (h) No certificate of authority shall be required for an agent who places surplus lines insurance with or through a surplus lines broker only with respect to such surplus lines insurance.
33-23-27. (a) Each agent licensed in this state shall obtain a certificate of authority for each subagent representing such agent in this state. (b) Each subagent's certificate of authority shall be renewed by the agent not more than once every three years in such form and manner as specified by the Commissioner by rule or regulation. (c) Each agent shall also be required to inform the Commissioner of any termination of or change to any certificate of authority for each subagent in such form and manner as may be prescribed by the Commissioner by rule or regulation. (d) The fee for each subagent's certificate of authority or renewal or duplicate thereof shall be as provided by law. (e) The subagent's certificate shall be held by the agent and shall be returned to the Commissioner upon termination of the subagent's authority along with an explanation of the reason for such termination in such form and manner as the Commissioner may specify by rule or regulation.
33-23-28. (a) A subagent's certificate of authority shall not cover any kind of insurance for which the sponsoring agent and subagent are not licensed. (b) A subagent shall not have power to bind an insurer. (c) All business transacted by a subagent under such subagent's license shall be in the name of the agent by whom the subagent is employed; and the agent shall be responsible for all the acts or omissions of the subagent within the scope of his or her employment. (d) A record of each transaction shall be maintained by both the agent and the subagent.
33-23-29. (a) On behalf of and as authorized by an insurer for which he or she is licensed as agent, an agent may from time to time act as an adjuster and investigate and report upon claims without being required to be licensed as an adjuster. (b) No license by this state shall be required:
(1) Of a nonresident independent adjuster for the adjustment in this state of a single loss or of losses arising out of a catastrophe common to all such losses; or

____________GEORGIA LAWS 2001 SESSION__________947
(2) Of a nonresident adjuster who regularly adjusts in another state and who is licensed in such other state, if such state requires a license, to act as adjuster in this state for emergency insurance adjustment work for a period not exceeding 60 days and performed for an employer who is an insurance adjuster licensed by this state or who is a regular employer of one or more insurance adjusters licensed by this state, provided that the employer shall furnish to the Commissioner a notice in writing immediately upon the beginning of the emergency insurance adjustment work. (c) An individual residing in another state may be licensed by the Commissioner as a nonresident adjuster under the following circumstances and in the following manner: (1) Upon written application and payment of the required license fee and without requiring a written examination, the Commissioner shall issue a license to an individual to act as a nonresident adjuster if the individual is licensed in his or her home state as an adjuster; (2) The required fee for the license shall be the fee provided by law or the sum which is charged as a license fee for nonresident adjusters by the state of the applicant's residence, whichever is greater; and (3) Applicants whose home state does not require a license to transact business may be licensed in this state, provided that the applicant takes the examination issued by the Commissioner where required pursuant to this chapter and the applicant submits written documentation from such applicant's resident state demonstrating the lack of licensing requirements in such state and such state's reciprocity with residents of this state. (d) The Commissioner shall issue a license to an individual to act as a nonresident adjuster if, by the laws of the state of the applicant's residence, residents of this state may be licensed as nonresident adjusters in the same manner. (e) The Commissioner is authorized to enter into reciprocal agreements with the appropriate official of any other jurisdiction for the purpose of implementing this Code section.
33-23-29.1. (a) An individual residing in another state may be licensed by the Commissioner as a nonresident counselor under the following circumstances and in the following manner:
(1) Upon written application and payment of the required license fee and without requiring a written examination, the Commissioner shall issue a license to an individual to act as a nonresident counselor if the individual is licensed in his or her home state as a counselor; (2) Applicants whose home state does not require a license to transact business as a counselor may be licensed in this state provided that the applicant takes the examination issued by the Commissioner where required pursuant to this chapter and the applicant submits written documentation from the applicant's

948______GENERAL ACTS AND RESOLUTIONS, VOL. I________
resident state demonstrating the lack of a licensing requirement and such state's reciprocity with residents of this state; and (3) The required fee for the license shall be the fee provided by law or the sum which is charged as a license fee for nonresident counselors by the state of the applicant's residence, whichever is greater. (b) The Commissioner shall issue a license to an individual to act as a nonresident counselor if, by the laws of the state of the applicant's residence, residents of this state may be licensed as nonresident counselors in the same manner. (c) The Commissioner is authorized to enter into reciprocal agreements with the appropriate official of any other jurisdiction forthe purpose of implementing this Code section.
33-23-30.
An agent shall not sign in blank any policy to be issued outside of such agent's office. An agent shall not give power of attorney to or otherwise authorize anyone to sign the agent's name to policies unless the person so authorized is directly employed by the agent and no other person, and the person has no office files, equipment, or address in regard to the insurance business other than those in the office of the agent. Nothing in this Code section shall prohibit an agent from authorizing an insurer represented by such agent to reproduce mechanically or electronically such agent's signature on policies, certificates, endorsements, riders, or other insurance contract documents.
33-23-31.
(a) A risk shall be deemed to have a situs in this state if the insurance is upon or in regard to property having a permanent situs in this state or movable property which is actually in this state or is principally used or kept in this state or on persons resident in this state. (b) Each nonresident by obtaining a license in this state or by doing business in this state shall be deemed to have consented that any notice provided in this chapter and any summons, notice, or process in connection with any action or proceeding in any state or federal court in this state, which notice, summons, or process grows out of or is based upon any business or acts done or omitted to be done in this state, may be sufficiently served upon such nonresident by serving the same upon the Commissioner. Service shall be made by leaving a copy ofthe notice, summons, or process with a fee in the hands of the Commissioner. The fee for such service shall be as provided by law. Such service shall be sufficient service upon the nonresident, provided that notice ofthe service and a copy ofthe notice, summons, or process shall be immediately sent by registered or certified mail or statutory overnight delivery by the plaintiff or by the Commissioner to the residence ofthe nonresident addressed to the nonresident. The nonresident's return receipt and the affidavit of compliance with the notice, summons, or process made by the plaintiff or the plaintiffs attorney or by the Commissioner shall be appended to the notice, summons, or process and filed with the case in

____________GEORGIA LAWS 2001 SESSION___________949
the court where it is pending or filed with the Commissioner if in regard to a proceeding provided under this chapter. Venue of such an action shall be in the county of the residence of a plaintiff in the action, if the plaintiff resides in this state; otherwise venue shall be in Fulton County. The place of residence of a licensed nonresident placed on file by him or her with the Commissioner shall be deemed to be his or her place of residence until the nonresident places on file with the Commissioner a written notice stating another place of residence. As used in this subsection, the term 'process' shall include a petition attached thereto.
33-23-32. Except when required in retaliation pursuant to Code Section 33-3-26, insurance contracts on risks or property located or having a situs in this state need not be countersigned by an agent duly licensed in accordance with Code Section 33-23-5; but, if a licensed nonresident agent participates in the effectuation of such contract and a countersignature is so required, the countersigning agent licensed in accordance with Code Section 33-23-5 shall be entitled to the same commission as allowed by the state of residence of the licensed nonresident but, in any event, to not more than 50 percent of the commission. Nothing contained in this Code section shall be construed to require a company to make additional compensation in the way of commissions or otherwise to a person who is paid on a salary basis.
33-23-33. (a) Every licensee under this chapter shall keep the Commissioner advised of: the office address of the licensee; the residence address of the licensee; the name and address of each insurer that the licensee represents directly or indirectly; the name and address of each agency of which the licensee is proprietor, partner, officer, director, or employee or which the licensee represents; every trade name of such agency; and the names of all partners and members of any firm or association and the corporate name of any corporation owning or operating the agency as such information changes. (b) Any change in the information required by subsection (a) of this Code section shall be transmitted to the Commissioner within 30 days of such change on forms prescribed by the Commissioner. (c) The Commissioner shall prescribe by rule or regulation the form and manner by which such information will be transmitted.
33-23-34. (a) Every agent, subagent, counselor, and adjuster under this chapter shall keep at the address as shown on his or her license or at the insurer's regional or home office situated in this state a record of all transactions consummated under such license. The record shall be in organized form and shall include:
(1) In the case of an agent or subagent, a record of each insurance contract procured or issued together with the names of the insurers and insureds, the amount of premium paid or to be paid, and a statement of the subject of the

950______GENERAL ACTS AND RESOLUTIONS, VOL. 1________
insurance; and the names of any other licensees from whom business is accepted and of persons to whom commissions or allowances of any kind are promised or paid; (2) In the case of an adjuster, a record of each investigation or adjustment undertaken or consummated and a statement of any fee, commission, or other compensation received or to be received by the adjuster on account of the investigation or adjustment; and (3) Such other and additional information as may be customary or as may be reasonably required by the Commissioner. (b) All records as to any particular transaction shall be kept for a term of five years beginning immediately after the completion of the transaction or the term of the contract, whichever is greater, provided that records of losses adjusted by an independent adjuster may be kept at the office of the insurer for whom the adjuster acted. (c) In the case of agents or subagents, the maintaining of the records required by this Code section at the insurance agency licensed under this chapter for which agency the transaction was undertaken shall be deemed to comply with the requirements of subsection (a) of this Code section.
33-23-35. (a) An agent, subagent, or any other representative of an insurer or of any other person in the effectuation of an insurance contract shall report to the insurer or its agent the premium for the contract and the amount shall be shown in the contract. Each willful violation of this subsection shall constitute a misdemeanor. (b) All funds representing premiums received or return premiums due the insured by any agent or subagent shall be accounted for in the licensee's fiduciary capacity, shall not be commingled with the licensee's personal funds, and shall be promptly accounted for and paid to the insurer, insured, or agent as entitled to such funds. Nothing contained in this Code section shall be deemed to require any agent or subagent to maintain a separate bank deposit for the funds of each principal, if the funds so held for each principal are reasonably ascertainable from the books of accounts and records of the agent or subagent. (c) Any violation of this Code section shall constitute grounds or cause for action by the Commissioner, including, but not limited to, probation, suspension, or revocation of the license. Each and every act by a licensee shall also constitute grounds for fines and penalties, which amounts shall be set by rule or regulation of the Commissioner. Any willful violation of this Code section shall constitute a misdemeanor unless such amounts involved exceed $500.00, whereby such violation shall constitute a felony.
33-23-36. The Commissioner may upon his or her own motion and shall upon a written complaint signed by a citizen of this state and filed with the Commissioner inquire into any alleged illegal or improper conduct of any licensee or inquire

____________GEORGIA LAWS 2001 SESSION__________951
into the question of whether a licensee is untrustworthy or not competent or not qualified to act as a licensee under this chapter. No finding or decision adverse to any person in regard to whom the inquiry is conducted shall be made by the Commissioner until after notice and hearing as provided in Chapter 2 ofthis title.
33-23-37.
(a) Nothing in this chapter shall prevent the placing of surplus lines of insurance when authorized and permitted under this title. (b) Any person, while licensed as a resident agent as to property, casualty, and surety insurance and who is deemed by the Commissioner to be competent and trustworthy, may be licensed as a surplus lines broker as follows:
(1) Application to the Commissioner for the license shall be on forms furnished by the Commissioner; (2) The license fee shall be in an amount as provided in Code Section 33-8-1; (3) Each license shall be issued for a term expiring on December 31 next following the date of issuance and may be renewed annually by filing an application and paying the prescribed fee in accordance with this Code section; (4) Prior to the issuance of the license or any renewal of the license, the applicant shall file a bond with the Commissioner or his or her successor in office, for the benefit of any person injured by the violation of the conditions provided in this paragraph. The bond shall be executed by the applicant as principal and by a corporate surety authorized to do business in this state and shall be in the penal sum of $50,000.00, conditioned that the applicant will comply with the following;
(A) Place insurance only in compliance with Code Section 33-5-25; (B) Remit promptly the taxes provided in Code Section 33-5-31; (C) Account to any person requesting him or her to obtain insurance for funds or premiums collected in connection with such insurance; and (D) Otherwise conduct business in accordance with this title. The bond shall not be terminated unless prior to such termination 30 days' written notice is filed with the Commissioner; and (5) Each applicant for a license to act as a surplus lines broker shall submit to a personal written examination to determine his or her competence, unless the applicant is licensed as a surplus lines broker in his or her home state.
33-23-38.
(a) No agent or subagent shall place any insurance or receive any remuneration in regard to any insurance of a classification outside the scope of such agent's or subagent's license, nor shall the agent or subagent share a commission except with an agent licensed pursuant to this article; with an agency that has as its proprietor or as a partner in the agency or as an officer or employee of the agency one or more agents licensed in regard to insurance that is within the scope of his or her agency; or with an agent or agency having a residence or situs in another state and a license from such other state for the transaction of insurance in that state.

952______GENERAL ACTS AND RESOLUTIONS, VOL. 1________
(b) Except as otherwise provided in this title, no person shall solicit or be instrumental in placing insurance upon any risk having a situs in this state except with an insurer admitted to do insurance business in this state. (c) A violation of this Code section shall authorize, among other penalties, the revocation of the violator's license as an agent or subagent.
33-23-39. No insurer shall issue, make, write, place, or cause to be made, written, placed, or issued any contract of insurance, indemnity, or suretyship covering risks or property located or having a situs in this state or covering any liability created by or arising under the laws of this state, except through an agent or agents licensed pursuant to this article, except that bid bonds issued by any surety insurer in connection with any public or private building or construction project may be issued without regard to this Code section or as provided for in subparagraph (h)(2)(F) of Code Section 33-23-4.
33-23-40. Any contract of insurance issued by a person prohibited by this chapter from so issuing it shall not be rendered unenforceable by reason of the violation of this chapter; but all persons knowingly participating in the violation shall be guilty of a misdemeanor.
33-23-41. Any person who in this state acts, purports to act, or holds himself or herself out as an agent, subagent, counselor, or adjuster or as an employee of an agent, subagent, counselor, or adjuster of or for an insurer that has not obtained from the Commissioner a certificate of authority then in effect to do business in this state as required by this title or who has not obtained a certificate of authority as required by this article and any person who in this state collects or forwards any premium or portion of the premium for or to the insurer shall pay a sum equal to the state, county, and municipal taxes and license fees required to be paid by the insurance companies legally doing business in this state. It is - the Commissioner's duty to report violators of this Code section to the district attorney for the county in which the violations occurred. Violators of this Code section shall also be personally liable to the same extent as the insurer upon every contract of insurance made by the insurer with reference to a risk having a situs in this state, if the violator participated in the solicitation, negotiation, or making of the contract or in any endorsement to the contract, in any modification of the contract, or in the collection or forwarding of any premium or portion of the premium relating to such contract. This Code section shall have no application to a contract of insurance entered into in accordance with Chapter 5 of this title.
33-23-42. Any person who performs any of the acts or things specified in this chapter for any insurance company or agent of said company without such company's

____________GEORGIA LAWS 2001 SESSION__________953
having first received a certificate ofauthority from the Commissioner as required by law shall be punished as for a misdemeanor and shall also pay a sum equal to the state, county, and municipal taxes and license fees required to be paid by insurance companies legally doing business in this state. It shall be the duty of the Commissioner to report any violation of this Code section to the district attorney or prosecuting attorney of the circuit or county which has jurisdiction.
33-23-43. (a) An adjuster licensed as both an independent and a public adjuster shall not represent both the insurer and the insured in the same transaction. (b) An adjuster shall have authority under his or her license only to investigate, settle, or adjust and report to his or her principal upon claims arising under insurance contracts on behalf of insurers only if licensed as an independent adjuster or on behalf of insureds only if licensed as a public adjuster. (c) No public adjuster, at any time, shall knowingly:
(1) Suggest or advise the employment of or name for employment a specific attorney or attorneys to represent a person in any matter relating to a person's potential claims, including any motor vehicle accident claims for personal injury, loss of consortium, property damages, or other special damages; (2) Accept or agree to accept any money or other compensation from an attorney or any person acting on behalf of an attorney which the adjuster knows or should reasonably know is payment for the suggestion or advice by the adjuster to seek the services of the attorney or for the referral of any portion of a person's claim to the attorney; or (3) Hire or procure another to do any act prohibited by this subsection. (d) For purposes of subsection (c) of this Code section, the term 'public adjuster' shall include licensed public adjusters as defined by Code Section 33-23-1 and persons representing themselves to be public adjusters who are not properly licensed by the Commissioner. (e) Any person who violates any provision of subsection (c) of this Code section shall be guilty of a misdemeanor and such violation shall be grounds for suspension or revocation of licenses under this chapter.
33-23-44.
(a) The Commissioner may establish rules and regulations with respect to: (1) The classification of applicants according to the kinds of insurance to be effected by them if licensed; (2) The scope, type, and conduct of written examinations to be given pursuant to this chapter and the times and places within this state for holding the examinations; (3) Classification and scope of authority of any license authorized under this chapter; and (4) Any other purpose required or necessary for the implementation or enforcement of this chapter.

954______GENERAL ACTS AND RESOLUTIONS, VOL. I________
(b) The Commissioner shall establish by rule or regulation a license for persons exempted under Code Section 33-23-18 that is distinct from other agent licenses.
33-23-45.
This article shall apply only with respect to acts occurring on or after July 1, 2002; provided, however, that nothing in this Code section shall prevent the Commissioner from implementing sanctions which were authorized by law with respect to acts occurring prior to July 1, 2002."
SECTION 2. Code Section 33-5-22 of the Official Code of Georgia Annotated, relating to licensing of surplus line brokers generally, is amended by striking said Code section in its entirety and inserting in lieu thereof a new Code Section 33-5-22 to read as follows:
"33-5-22.
A surplus lines broker shall be licensed in accordance with Code Section
33-23-37."
SECTION 3. Chapter 11 of Title 33 of the Official Code of Georgia Annotated, relating to investments, is amended by striking subsection (p) of Code Section 33-11-66, relating to variable annuity contracts, and inserting in lieu thereof a new subsection (p) to read as follows:
"(p) Notwithstanding any other laws of this state, no individual shall, within this state, sell or offer for sale variable annuity contracts as defined in this Code section unless the individual shall have both a valid and current life insurance license and variable contract license issued by the Commissioner. No license shall be issued unless and until the Commissioner is satisfied, after examination, except as provided for in Code Section 33-23-16, that the person is by training, knowledge, ability, and character qualified to act as such a variable annuity agent. The Commissioner may reject any application or suspend or revoke or refuse to renew any variable contract agent's license upon any ground that would bar the applicant or the agent from being licensed to sell life insurance contracts in this state or for the violation of any federal or state securities laws or regulations. The rules governing any proceedings relating to the suspension or revocation of a life insurance agent's license shall also govern any proceedings for the suspension or revocation of a variable contract agent's license. Renewal of a variable contract agent's license shall follow the same procedure established for renewal of an agent's license to sell life insurance contracts in this state."
SECTION 4. Said chapter is further amended by striking subsection (g) of Code Section 33-11-67, relating to variable life insurance policies, and inserting in lieu thereof a new subsection (g) to read as follows:

_____________GEORGIA LAWS 2001 SESSION___________955
"(g) Notwithstanding any other laws of this state, no individual shall, within this state, sell or offer for sale variable life insurance contracts as defined in this Code section unless such individual shall have both a valid and current life insurance license and variable contract insurance license issued by the Commissioner. No license shall be issued unless and until the Commissioner is satisfied, after examination, except as provided for in Code Section 33-23-16, that the individual is by training, knowledge, ability, and character qualified to act as such a variable contract insurance agent. The Commissioner may reject any application or suspend or revoke or refuse to renew any variable contract insurance agent's license upon any ground that would bar the applicant or the agent from being licensed to sell life insurance contracts in this state or for the violation of any federal or state securities laws or regulations. The rules governing any proceedings relating to the suspension or revocation of a life insurance agent's license shall also govern any proceedings for the suspension or revocation of a variable contract insurance agent's license. Renewal of a variable contract insurance agent's license shall follow the same procedure established for renewal of an agent's license to sell life insurance contracts in this state."
SECTION 5. Code Section 33-29A-8 of the Official Code of Georgia Annotated, relatingto rules and regulations concerning individual health insurance coverage availability and assignment systems, is amended by striking subsection (b) in its entirety and inserting in lieu thereof a new subsection (b) to read as follows:
"(b) The rules and regulations developed by the Commissioner shall include provisions for applications for GH1AS and GHBAS to be submitted by licensed insurance agents and for such agents to be compensated at a commission rate of not less than 3 percent from the premiums received by the issuing health insurer or managed care organization. For purposes of applications for GHIAS and GHBAS, licensed agents shall not be subject to the certificate of authority requirements of Code Section 33-23-26."
SECTION 6. This Act shall become effective on July 1, 2002.
SECTION 7. All laws and parts of laws in conflict with this Act are repealed.
Approved April 27, 2001.

956______GENERAL ACTS AND RESOLUTIONS, VOL. I________
AGRICULTURE - GEORGIA COTTON PRODUCERS INDEMNITY FUND OF 1999.
Code Title 2, Chapter 19 Amended.
No. 294 (House Bill No. 361).
AN ACT
To amend Chapter 19 of Title 2 ofthe Official Code ofGeorgia Annotated, relating to the 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 for severability; 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 19 of Title 2 of the Official Code of Georgia Annotated, relating to the Georgia Cotton Producers Indemnity Fund of 1999, is amended by striking Code Section 2-19-1, relating to the enactment of said chapter, and inserting in its place a new Code section to read as follows:
'2-19-1. This chapter is enacted pursuant to the authority granted to the General Assembly by Article III, Section VI, Paragraph II(a)(3) of the Constitution of the State of Georgia and section 1121 of the federal Omnibus Consolidated and Emergency Supplemental Appropriations Act for Fiscal Year 1999, Public Law 105-277, as amended, and is for the purpose of creating an indemnity fund and making expenditures from such fund to indemnify cotton producers in this state for losses incurred in 1998 or 1999 from the loss of certain properly stored, harvested cotton."
SECTION 2. Said chapter is further 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, any excess funds in the Georgia Cotton Producers Indemnity Fund of 1999 shall be expended as provided in Code Section 2-19-5.1."

____________GEORGIA LAWS 2001 SESSION__________957
SECTION 3. Said chapter is further amended by striking Code Section 2-19-5.1, relating to cotton ginners and payment of excess funds, and inserting in its place the following:
"2-19-5.1.
(a) As used in this Code section, the term: (1) 'Contingent claim' means a claim filed because a trustee in bankruptcy had asserted, on or before March 1, 2001, a preference claim against the claimant to recover payments without which the claimant would have suffered a loss compensable under this chapter. 'Contingent claim' also means a claim that would have been contingent, if it had been filed by a producer on or before May 1, 2000, or by a ginner on or before July 1, 2000. (2) '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) If Congress so requires before January 1, 2002, notwithstanding any other provision of this chapter, after all valid and properly filed noncontingent claims of cotton producers filed on or before May 1, 2000, have been paid and after all valid and properly filed contingent claims of cotton producers filed on or before August 1, 2001, have been paid, any moneys remaining in the Georgia Cotton Producers Indemnky Fund of 1999, 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 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 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) Filed any noncontingent 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, or filed any contingent claim on or before August 1, 2001. (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.

958______GENERAL ACTS AND RESOLUTIONS, VOL. I_________
Properly filed, verified, and proven claims by cotton ginners shall be paid by the Commissioner from the fund on or before December 31, 2001, or as soon as administratively practical thereafter. 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, 2002, after the payment of claims shall be paid into the general fund of the state treasury. (d) Also notwithstanding any other provision of this chapter, including subsection (c) of this Code section, any moneys remaining in the Georgia Cotton Producers Indemnity Fund of 1999 after all valid and properly filed noncontingent claims of cotton producers have been paid, shall also be paid to eligible cotton producers who filed contingent but otherwise valid claims on or before August 1,2001. (e) For a contingent claim to be paid, the claimant must tender proof acceptable to the Commissioner no later than November 30,2001, that the contingency has occurred and the claimant has suffered the loss which would have been eligible but for the alleged preference payments. A contingent claim may be paid from the fund only to the extent of the actual recovery by the trustee. The Commissioner shall consider the reasonableness of any settlement or any apparent failure to litigate in good faith with the trustee. The Commissioner may cast upon contingent claimants the burden of proving the reasonableness of any settlement or apparent failure to litigate in good faith.*
SECTION 4. Said chapter is further amended by striking Code Section 2-19-6, relating to stipulations on acceptances of indemnity payments, subrogation and recovery of payments by the Commissioner, and inserting in its place the following:
"2-19-6.
(a) Acceptance of an indemnity payment made pursuant to this chapter shall subrogate the state, to the extent of such indemnity payment, to any right or right of action accruing to the claimant to recover payments on account of losses resulting from the loss of the cotton or proceeds from the sale of the cotton with respect to which the indemnity payment is made. Acceptance of an indemnity payment made pursuant to this chapter shall constitute an agreement on the part of the recipient to repay to the Commissioner for deposit into the general fund of the state treasury any and all amounts, except those amounts in excess of any indemnity payment, recovered by the claimant in any bankruptcy proceeding, other civil action, or in any other way arising from the loss of cotton or the loss of proceeds from the sale of cotton for which an indemnity payment has been made pursuant to this chapter. The requirements of this Code section shall be included in and made a condition of any claim filed pursuant to this chapter.

____________GEORGIA LAWS 2001 SESSION__________959
(b) Alternatively, if Congress so requires, (1) Acceptance of an indemnity payment made pursuant to this chapter shall constitute an agreement on the part of the recipient to repay to the Commissioner for deposit into the Georgia Cotton Producers Indemnity Fund of 1999, any and all amounts, except those amounts in excess of any indemnity payment, recovered by the claimant in any bankruptcy proceeding, other civil action, or in any other way arising from the loss of cotton or the loss of proceeds from the sale of cotton for which an indemnity payment has been made pursuant to this chapter. The requirements of this Code section shall be deemed a condition of any claim filed pursuant to this chapter. (2) The proceeds of any bond collected by the commissioner for the benefit of claimants, who have been paid by the Indemnity Fund, to that extent will be paid into the fund."
SECTION 5. The General Assembly hereby declares that if any part of this Act is declared unconstitutional, it would have enacted any remaining parts of the Act which preserve its essential intent.
SECTION 6. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 7. All laws and parts of laws in conflict with this Act are repealed.
Approved April 27, 2001.
REVENUE AND TAXATION - AD VALOREM TAXATION; HEAVY-DUTY EQUIPMENT MOTOR VEHICLES.
Code Section 48-5-507.1 Enacted.
No. 295 (House Bill No. 364).
AN ACT
To amend Article 10A of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to ad valorem taxation ofheavy-duty equipment motor vehicles, so as to provide for circumstances under which such vehicles shall not be deemed to have been removed from the inventory of a dealer and thus shall remain exempt from ad valorem taxation; to repeal conflicting laws; and for other purposes.

960________GENERAL ACTS AND RESOLUTIONS, VOL. I_______
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Article 10A of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to ad valorem taxation of heavy-duty equipment motor vehicles, is amended by adding a new Code section immediately following Code Section 48-5-507, to be designated Code Section 48-5-507.1, to read as follows:
'48-5-507.1. If the nature of the dealer's business is primarily the sale of heavy-duty equipment motor vehicles, then for purposes of this article, the rental of a heavy-duty equipment motor vehicle by the dealer to a customer shall not be deemed to have removed the vehicle from the dealer's inventory.*
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.
Approved April 27, 2001.
COURTS - PROBATE COURTS; COSTS AND FEES.
Code Section 15-9-60 Amended.
No. 296 (House Bill No. 541).
AN ACT
To amend Article 3 of Chapter 9 of Title 15 of the Official Code of Georgia Annotated, relating to costs and compensation for the probate courts, so as to revise comprehensively the costs and fees for the probate courts; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Article 3 of Chapter 9 of Title 15 of the Official Code of Georgia Annotated, relating to costs and compensation for the probate courts, is amended by striking in its entirety Code Section 15-9-60, relating to costs, and inserting in lieu thereof the following:
'15-9-60. (a) The judges or clerks of the probate courts of this state shall be entitled to charge and collect the sums enumerated in this Code section. (b) All sums that the probate courts may be required to collect pursuant to Code Sections 15-23-7, 15-9-60.1, and 36-15-9 and all other sums as may be required

____________GEORGIA LAWS 2001 SESSION__________961
by law shall be in addition to the sums provided in this Code section. The sums provided for in this Code section are exclusive of costs for service of process, fees for publication of citation or notice, or any additional sums as may be provided by law. (c) In all counties in this state where the judge of the probate court is paid or compensated on a salary basis, the fees provided for in this Code section shall be paid into the county treasury less and except such sums as are otherwise directed to be paid by law, which sums shall be remitted as provided by law. (d) Except for the filing of a proceeding in which the filing parry also files with the court a sworn affidavit that the party is unable because of indigence to pay the cost of court, all sums specified in this Code section shall be paid to the court at the time of filing or as thereafter incurred for services rendered. In accordance with Code Section 15-9-61, the judges of the probate courts are entitled to an advance cost of $30.00 for deposit to be made before filing any proceeding. (e) Cost in decedent's estates:
(1) Except as otherwise provided, the cost in an initial proceeding regarding the estate of a decedent or of a missing individual believed to be dead shall be $90.00 for all services rendered by the judge or clerk of the probate court through the entry of the final order on such initial proceedings, exclusive of recording charges; (2) As used in this subsection, the term 'initial proceeding' shall mean the first proceeding filed in the probate court in connection with or regarding the estate of a decedent or of a missing individual believed to be dead, including, but not necessarily limited to, the following proceedings: petition for temporary letters of administration; petition for letters of administration; petition to probate will in common form; petition to probate will in solemn form; petition to probate will in solemn form and for letters of administration with will annexed; petition for order declaring no administration necessary; petition for year's support; petition for presumption of death of missing individual believed to be dead; any proceeding for ancillary administration by a foreign personal representative; or any other proceeding by which the jurisdiction ofthe probate court is first invoked with regard to the estate of a decedent or of a missing individual believed to be dead; (3) As used in this subsection, the term 'initial proceeding' shall not include a petition to establish custodial account for missing heir, a petition to enter a safe-deposit box, or any other petition or proceeding for which a specific cost is otherwise set forth in this Code section; (4) Except as otherwise provided, the cost shall be $75.00 for all services rendered by the judge or clerk of the probate court through the entry of the final order, exclusive of recording charges, in any of the proceedings listed in paragraph (2) of this subsection filed subsequent to the filing of an initial proceeding regarding the estate of the same decedent or missing individual believed to be dead; (5) Except as otherwise provided, the cost shall be $50.00 for all services rendered by the judge or clerk of the probate court through the entry of the

962______GENERAL ACTS AND RESOLUTIONS, VOL. I________
final order, exclusive of recording charges, for the filing of the following proceedings or pleadings regarding the estate of a decedent or of a missing individual believed to be dead: petition for letters of administration with will annexed (will previously probated); petition of personal representative for leave to sell property; petition for leave to sell perishable property; petition for leave to sell or encumber property previously set aside as year's support; petition by administrator for waiver of bond, grant of certain powers, or both; petition for discharge; petition by personal representative for approval of a division in kind; petition to determine heirs; petition by personal representative for direction under will; petition by personal representative to compromise a disputed claim or debt; petition by or against personal representative for an accounting or final settlement; petition to resign as personal representative and for the appointment of a successor; petition to remove a personal representative and for the appointment of a successor; citation against a personal representative for failure to make returns or for alleged mismanagement of estate; a caveat, objection, or other responsive pleading by which the proceeding becomes contested filed by any person to whom notice or citation has been issued; petition or motion to intervene as an interested party; and any other petition application, motion, or other pleading for which no specific cost is set forth in this Code section filed regarding the estate of a decedent or of a missing individual believed to be dead; (6) Except as otherwise provided, the cost shall be $25.00 for all services rendered by the judge or clerk of the probate court through the entry of the final order, exclusive of recording charges, for the filing of the following proceedings, pleadings, or documents regarding the estate of a decedent or of a missing individual believed to be dead: petition to change accounting period; petition to enter a safe-deposit box; petition or motion for attorneys' fees; petition or motion of personal representative for extra compensation; or inventory, appraisement, or annual, intermediate, or final returns of personal representatives; and (7) Except as otherwise provided, the cost shall be $10.00 for all services rendered by the judge or clerk of the probate court, exclusive of recording charges, for the filing of the following proceedings, pleadings, or documents regarding the estate of a decedent or of a missing person believed to be dead: notice of claim or claim of a creditor; declination to serve of nominated personal representative; or renunciation of right of succession, (f) Costs in minor guardianship matters: (1) Except as otherwise provided, the cost in a proceeding regarding the person, property, or person and property of a minor shall be $60.00 for all services rendered by the judge or clerk of the probate court through the entry of the final order on such proceeding, exclusive of recording charges, including, but not necessarily limited to, the following proceedings: petition for temporary letters of guardianship of the person of minor; petition for letters of guardianship of person, property, or person and property of minor by person other than natural guardian; petition for letters of guardianship of property of

____________GEORGIA LAWS 2001 SESSION__________963
minor, by natural guardian, with bond - personal property over $5,000.00; petition for order that natural guardian not be required to become legally qualified guardian of the property; application of guardian for letters of dismission; or any other proceeding by which the jurisdiction of the probate court is first invoked with regard to the person, property, or person and property of a minor; and (2) Except as otherwise provided, the costs for all services rendered by the judge or clerk ofthe probate court shall be as set forth below for the following proceedings, pleadings, or documents regarding the person, property, or person and property of a minor, exclusive of recording charges:
(i) Petition of guardian for leave to sell................... $ 50.00
(ii) Petition to compromise doubtful claim of minor ......... 50.00
(iii) Petition for leave to encroach on corpus .............. 25.00
(iv) Petition to change accounting period ................. 25.00
(v) Inventory or annual, intermediate, or final return (each) ... 25.00
(vi) Petition or motion for attorneys' fees ................. 50.00
(vii) Petition to terminate temporary guardianship of minor ... 25.00
(viii) Any other petition, application, motion, or other pleading for which no specific cost is set forth in this Code section filed regarding an existing guardianship of a minor .............. 25.00 (g) Costs in adult guardianship matters: (1) Except as otherwise provided, the cost in a proceeding regarding the person and/or property ofan adult alleged to be incapacitated shall be $ 150.00 for all services rendered by the judge or clerk of the probate court through the entry of the final order on such proceeding, exclusive of recording charges, including, but not necessarily limited to, the following proceedings: petition for the appointment of an emergency guardian for an alleged gravely incapacitated adult; petition for the appointment of an emergency and permanent guardian for an alleged gravely incapacitated adult; Petition for the appointment of a guardian for an alleged incapacitated adult; or any other proceeding by which the jurisdiction of the probate court is first invoked with regard to an adult alleged to be incapacitated; and (2) Except as otherwise provided, the cost for all services rendered by the judge or clerk of the probate court shall be as set forth below for the following proceedings, pleadings, or documents regarding the person, property, or person and property of an incapacitated adult, exclusive of recording charges:

964______GENERAL ACTS AND RESOLUTIONS, VOL. I_______
(i) Petition of guardian for leave to sell ...................$ 50.00
(ii) Petition to compromise doubtful claim ................ 50.00
(iii) Petition for leave to encroach on corpus .............. 25.00
(iv) Petition to change accounting period ................. 25.00
(v) Inventory or annual, intermediate, or final return (each) ... 25.00
(vi) Petition or motion for attorneys' fees ................. 50.00
(vii) Petition to terminate or modify guardianship ofincapacitated 50.00 adult ..............................................
(viii) Application of guardian for letters of dismission ....... 60.00
(ix) Any other petition, application, motion, or other pleading for which no specific cost is set forth in this Code section filed regarding an existing guardianship of an adult.............. 50.00 (h) Costs in matters involving sterilization, involuntary treatment, habilitation, or temporary placement: (1) Except as otherwise provided, the cost in a proceeding filed under Chapter 20 of Title 31, Chapter 36A of Title 31, or Chapter 3,4, or 7 of Title 37 shall be $75.00 for all services rendered by the judge or clerk of the probate court through the entry of the final order on such proceeding, exclusive of recording charges; (2) There shall be no cost assessed for the receipt and consideration of affidavits in support of an order to apprehend under Part 1 of Article 3 of Chapter 3 of Title 37 or Part 1 of Article 3 of Chapter 7 of Title 37 or for the issuance of the order to apprehend; and (3) There shall be no cost assessed for the receipt and consideration of a petition in support of an order to apprehend under Part 3 of Article 3 of Chapter 3 of Title 37 or Part 3 of Article 3 of Chapter 7 of Title 37 or for the issuance of the order to apprehend a patient alleged to be in noncompliance with an involuntary outpatient treatment order, (i) Costs for hearings in contested matters: (1) For conducting trials of contested matters or for formal hearing on the denial of an application for a firearms license before the probate court, the cost shall be $25.00 per one-half day or portion thereof; (2) There shall be no additional cost for the initial hearing in adult guardianship matters or in matters involving sterilization, involuntary treatment, habilitation, or involuntary placement; and (3) There shall be no cost for any hearing in an uncontested matter, (j) Custodial accounts. For each account accepted by the judge of the probate court as custodian for a minor, incapacitated adult, or missing or unknown heir

____________GEORGIA LAWS 2001 SESSION__________965
or beneficiary, there shall be a one-time fee of 8 percent of the fund deducted from the fund when first accepted. (k) Miscellaneous costs. Except as otherwise provided, the judge or clerk ofthe probate court shall be entitled to the following costs for the proceedings, pleading, documents ,or services itemized:
(1) Application for writ of habeas corpus .....................$ 75.00
(2) Petition to establish lost papers, exclusive of recording charges 50.00
(3) Petition for or declaration of exemptions .................. 25.00
(4) Petition to change birth certificate ....................... 60.00
(5) For all services rendered by the judge or clerk of the probate court through the entry ofthe final order, exclusive ofrecording charges, for any application or petition by which the jurisdiction of the probate court is first invoked for which no cost is set forth in this Code section or other applicable law ................................... 50.00
(6) Issuance of any order, including a rule nisi, in any matter for which the costs set forth in this Code section do not include all services to be rendered by the judge or clerk of the probate court, exclusive of recording charges ............................. 25.00
(7) Motions, amendments, or other pleadings filed in any matter for which the cost set forth in this Code section do not include all services to be rendered by the judge or clerk of the probate court, exclusive of recording charges, and no other cost is set forth in this Code section 10.00
(8) For processing appeals to superior court, exclusive of recording charges ............................................... 25.00
(9) For issuance of writ of fieri facias (fi.fa.) .................. 10.00
(10) For issuance of permit to discharge explosives ............ 25.00
(11) For issuance of permit to discharge fireworks ............. 25.00
(12) Application for firearms license (exclusive of fees charged by other agencies for the examination of criminal records) .......... 15.00
(13) For issuance of a replacement firearms license ............ 5.00
(14) Application for marriage license ....................... 10.00
(15) For the safekeeping of a will .......................... 10.00

966______GENERAL ACTS AND RESOLUTIONS, VOL. I________
(16) For issuance of a veteran's license ...................... No Fee (17) For issuance of a peddler's license ...................... 10.00 (18) For issuance of a certificate of residency ................. 10.00 (19) Registration ofjunk dealer ............................ 10.00 (20) Certification ofpublication ofapplication for insurance company charter ................................................ 10.00 (21) Recording of marks and brands, each .................... 10.00 (22) Exemplification .................................... 10.00 (23) Certification under seal of copies (plus copy cost) .......... 5.00 (24) Certified copies of letters of personal representative, temporary administrator, or guardian, each, including copy cost ............ 5.00 (25) For issuance of a subpoena, each ....................... 5.00 (26) For filing and recording of oath or bond of any official, officer, or employee of any municipality or authority within the county, each 5.00 (27) For filing and recording of oath or bond of county official or officer ................................................ No Fee (28) For examination of records or files by employee of the probate court to provide abstract of information contained therein or to provide copies therefrom, per estate or name ......................... 5.00 (29) Recording, per page ................................. 2.00 (30) Copies, per page .................................... 0.25"
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.
Approved April 27, 2001.

____________GEORGIA LAWS 2001 SESSION__________967
CIVIL PRACTICE - FRIVOLOUS ACTIONS AND DEFENSES; ATTORNEY'S FEES AND EXPENSES.
Code Section 9-15-14 Amended.
No. 297 (House Bill No. 737).
AN ACT
To amend Code Section 9-15-14 of the Official Code of Georgia Annotated, relating to litigation costs and attorney's fees assessed for frivolous actions and defenses, so as to provide that attorney's fees and expenses of litigation awarded under this Code section in a prior action shall be treated as court costs with regard to the filing of any subsequent action; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Code Section 9-15-14 of the Official Code of Georgia Annotated, relating to litigation costs and attorney's fees assessed for frivolous actions and defenses, is amended by striking subsection (g) in its entirety and inserting in lieu thereof a new subsection (g) to read as follows:
'(g) Attorney's fees and expenses of litigation awarded under this Code section in a prior action between the same parties shall be treated as court costs with regard to the filing of any subsequent action."
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.
Approved April 27, 2001.
BANKING AND FINANCE - BUSINESS DEVELOPMENT CORPORATIONS.
Code Sections 7-1-745 and 7-1-747 Amended.
No. 298 (Senate Bill No. 11).
AN ACT
To amend Article 6 of Chapter 1 of Title 7 of the Official Code of Georgia Annotated, relating to business development corporations, so as to change the

968______GENERAL ACTS AND RESOLUTIONS, VOL. I______
powers of business development corporations; to change a provision relating to incurring secondary liability; to clarify that powers relate to commercial and historical real and personal property and certain residential projects; to provide for powers of such corporations relating to a partnership interest in any partnership or other entity; to increase the limitation on the sum of the amount outstanding of member loans to the corporation made by any member at any one time and the amount of the investment in the capital of the corporation then held by such member; 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 6 ofChapter 1 of Title 7 ofthe Official Code ofGeorgia Annotated, relating to business development corporations, is amended in Code Section 7-1 -745, relating to powers of business development corporations, by striking in their entirety paragraphs (2), (5), (6), and (7) and inserting in lieu thereof the following:
'(2) To make contracts and incur liabilities for any of the purposes of the corporation provided that the corporation shall not incur any secondary liability by way of the guaranty or endorsement of the obligations of any person or corporation or in any other manner unless the corporation has a substantial interest in the performance of the transaction;' *(5) To purchase, receive, hold, lease, or otherwise acquire and to sell, convey, transfer, lease, or otherwise dispose of commercial or historical real and personal property and residential projects referred to the corporation by its shareholders or members, together with such rights and privileges as may be incidental and appurtenant thereto and the use thereof, including, but not restricted to, any real or personal property acquired by the corporation from time to time in the satisfaction of debts or enforcement of obligations; (6) To acquire the good will, business rights, real and personal property, and other assets or any part thereof or interest therein of any persons or corporations and to assume, undertake, or pay the obligations, debts, and liabilities of any such person or corporation; to acquire improved or unimproved real estate for the purpose of constructing residential buildings, industrial plants or business establishments thereon or for the purposes of disposing of such real estate to others for the construction of residential buildings, industrial plants, industrial parks, or business establishments; and to acquire, construct or reconstruct, alter, repair, maintain, operate, sell, convey, transfer, lease, or otherwise dispose of residential buildings, industrial plants, industrial parks, or business establishments; (7) To acquire, subscribe for, own, sell, hold, assign, transfer, mortgage, pledge, or otherwise dispose of a partnership interest in any partnership or other entity or the stock, shares, bonds, debentures, notes, or other securities and evidences of interest in or indebtedness of any person or corporation and,

____________GEORGIA LAWS 2001 SESSION__________969
while the owner or holder thereof, to exercise all the rights, powers, and privileges of ownership, including the right to vote thereon;*
SECTION 2. Said article is further amended in Code Section 7-1-747, relating to membership and loans by members to business development corporations, is amended by striking subsection (c) in its entirety and inserting in lieu thereof the following:
"(c) The total amount outstanding on member loans to the corporation made by any member at any one time, when added to the amount of the investment in the capital of the corporation then held by such member, shall not exceed the lesser of:
(1) Twenty percent of the aggregate of the capital of the corporation then outstanding plus the total amount then outstanding on all member loans to the corporation, including in said total amount outstanding amounts validly called as member loans but not yet loaned; or (2) The following limit, to be determined each calendar year of membership on the basis of the audited balance sheet of such member at the close of its fiscal year immediately preceding or, in the case of an insurance company, its last annual statement to the Commissioner of Insurance:
(A) Five percent of the statutory capital base of a bank or trust company; (B) One-half of 1 percent of the total outstanding loans made by building and loan or savings and loan associations; (C) Two and one-half percent of the capital and unassigned surplus of stock insurance companies, except fire insurance companies; (D) Two and one-halfpercent ofthe unassigned surplus ofmutual insurance companies, except fire insurance companies; (E) One-tenth of 1 percent of the assets of fire insurance companies; and (F) Such limits as may be approved by the board of directors of the corporation for other lending institutions; or (3) Three million dollars.'
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.
Approved April 27, 2001.

970_____GENERAL ACTS AND RESOLUTIONS, VOL. I________
BANKING AND FINANCE - FINANCIAL INSTITUTIONS; VARIOUS PROVISIONS.
Title 7, Chapter 1 Amended.
No. 299 (Senate Bill No. 16).
AN ACT
To amend Chapter 1 of Title 7 of the Official Code of Georgia Annotated, known as the "Financial Institutions Code of Georgia," so as to change the provisions relating to definitions; to change the provisions relating to real estate loans; to change the provisions relating to corporate stock and securities; to change the provisions relating to boards of directors; to change the provisions relating to merger plans; to provide for department review of certain mergers; to change the provisions relating to the effect of issuance of a certificate of merger or consolidation; to provide for department review of a plan of conversion; to change the provisions relating to the powers of Georgia state banks; to change the provisions relating to third-party payment services; to change the provisions relating to mortgage broker licenses; to change the provisions relating to the financial requirements for licensing and registration of mortgage brokers; to clarify the requirements relative to licensees and registrants; to change the provisions relating to renewal of licenses and registrations; to provide for disclosure ofwritten complaints received by the department; to make changes in the provisions relating to rule making; to authorize the department to prescribe standards related to accuracy of required disclosures; to provide for civil penalties or fines; 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 ofTitle 7 ofthe Official Code of Georgia Annotated, relating to financial institutions, is amended by striking paragraphs (7) and (11) of Code Section 7-1-4 relating to definitions, and inserting in lieu thereof two new paragraphs (7) and (11) to read as follows:
"(7) 'Bank' means a corporation existing under the laws of this state on April 1, 1975, or organized under this chapter and authorized to engage in the business of receiving deposits withdrawable on demand or deposits withdrawable after stated notice or lapse of time; 'bank' shall also include national banks located in this state for the purpose of Part 6 of Article 2 of this chapter, relating to deposits, safe-deposit agreements, and money received for transmission, and Article 8 of this chapter, relating to multiple deposit accounts; provided, however, that 'bank' shall not include a credit union, a building and loan association, a savings and loan association, or a licensee under Article 4 of this chapter. 'Bank' shall include a federal or state credit

____________GEORGIA LAWS 2001 SESSION__________971
union for the purposes of Part 6 of Article 2 of this chapter, provided that this inclusion is not intended to grant or expand any powers to credit unions not authorized in Part 6 of Article 2 of this chapter or by other law.' "(11) Reserved.'
SECTION 2. Said chapter is further amended by striking paragraph (2) of subsection (b) of Code Section 7-1-286, relating to real estate loans, and inserting in lieu thereof a new paragraph (2) to read as follows:
*(2) A loan in connection with which the bank takes a real estate lien as security in the exercise of banking prudence but as to which it is relying for repayment on:
(A) The general credit of the obligor or of an installment buyer or of a lessee of the real estate; (B) Collateral other than the real estate lien; (C) A guaranty or an agreement to take over or purchase the loan, in the event of default, by a financially responsible person other than a person engaged in the business of guaranteeing real estate loans; or (D) An agreement by a financially responsible person to take over or purchase the loan, or to provide funds for payment thereof, within a period of two years from the date of the loan; and there is documentation in the file setting forth the applicable facts to support reliance on this paragraph.'
SECTION 3. Said chapter is further amended by striking Code Section 7-1-288, relating to corporate stock and securities, and inserting in lieu thereof a new Code Section 7-1-288 to read as follows:
'7-1-288.
(a) Except as provided in subsections (b) and (c) of this Code section and in Code Section 7-1-261, a bank may not engage in any transaction with respect to shares of stock or other capital securities of any corporation. (b) A bank may:
(1) Engage in transactions with respect to issuance and transfer of shares of its own stock and capital securities and in other transactions with respect to such stock and capital securities authorized by this chapter; (2) Purchase and sell shares of stock, bonds, capital securities, and other investment products upon the order of and for the account of a customer without recourse against it; (3) Receive a pledge or other security interest in stock or capital securities in order to secure loans made in good faith, except that it may not receive such interests in its own stock or capital securities nor lend in one or more transactions, involving one or more borrowers, more than 30 percent of its statutory capital base on the stock or capital securities of any corporation (including therein loans made directly to the corporation without ample

972______GENERAL ACTS AND RESOLUTIONS, VOL. I________
security but excluding obligations representing the sale of federal or correspondent funds to another financial institution). The department may, by regulation or otherwise, specify that two or more corporations are so interrelated that their stock shall be regarded as the stock ofone corporation for the purposes of this subsection. (c) Notwithstanding any other provisions of law to the contrary, a bank may acquire and hold for its own account: (1) Shares of stock of a federal reserve bank without limitation of amount; (2) Shares of stock or interests in:
(A) Any state or federal government sponsored instrumentality for the guarantee, underwriting, or marketing of residential housing or financing of residential housing; (B) A business development corporation or small minority business development corporation authorized under Article 6 of this chapter; (C) An agricultural credit corporation duly organized under the laws of this state having authority to make loans to farmers of this state for agricultural purposes under programs administered by the federal farm credit system; (D) A bank service corporation created to provide support services for one or more financial institutions;
(E)(i) A bank principally engaged in foreign or international banking or banking in a dependency or insular possession ofthe United States, either directly or through the agency, ownership, or control of local institutions in foreign countries or in such dependencies or insular possessions, including the stock of one or more corporations existing pursuant to Section 25(a) of the Federal Reserve Act, provided that, before a bank may purchase a majority interest in any such banking institution, it shall enter into an agreement with the department to restrict its operations in such manner as the department may prescribe; and provided, further, that, ifthe department determines that said restrictions have not been complied with, it may order the disposition of said stock upon reasonable notice, (ii) A bank engaged in providing banking or other financial services to depository financial institutions, which bank's ownership consists primarily of such depository financial institutions; (F) A corporation engaged in functions or activities that the bank or trust company is authorized to carry on, including, but not'limited to: conducting a safe-deposit business; holding real estate; acting as a financial planner or investment adviser; offering of a full range of investment products; promoting and facilitating international trade and commerce; and exercising powers incidental to financial activities as provided in paragraph (11) of Code Section 7-1-261; in addition to functions or activities which include exercising powers granted by department regulations or exercising powers determined by the commissioner to be financial in nature or incidental to the provision of financial services, so long as these activities do not pose undue risk to the safety and soundness of the financial institution and are consistent with the objectives ofthis chapter as stated in Code Section 7-1 -3; provided,

____________GEORGIA LAWS 2001 SESSION__________973
however, unless the bank is exempt, nothing contained in this subparagraph shall relieve any such corporation from undertaking registration, licensing, or other qualification to engage in such functions or activities as may otherwise be required by law; and (G) Other corporations created pursuant to act of Congress or pursuant to Chapter 3 of Title 14, known as the 'Georgia Nonprofit Corporation Code,' for the purpose of meeting the agricultural, housing, health, transit, educational, environmental, or similar needs where the department determines that investment therein by banks is in the public interest; (3) Shares of stock of small business investment companies organized under acts of Congress and doing business in this state, provided that the aggregate investment by the bank in such shares shall not exceed 5 percent of its statutory capital base; and (4) Shares of stock or partnership interests in a corporation or partnership the primary business of which, as determined by the department, is to promote the public welfare or community development by engaging in the development of low and moderate-income housing, job training and job placement programs, credit counseling, public education regarding financial matters, small business development, and other similar purposes. The ability to invest in such stock or partnership interests shall also be subject to such limitations and approval procedures as the department deems necessary in order to assure that such investments are not a safety and soundness concern. (d) A bank acquiring stock or an interest in an entity listed in paragraph (2) of subsection (c) of this Code section shall be subject to the following limitations: (1) Where the entity carries on only such activities as the bank could legally perform itself, there is no limitation on investment; (2) Where the activities of the entity go beyond those that the bank could legally perform, the bank's investment may not exceed 10 percent of its statutory capital base; and (3) Where the investment is in stock ofthe Federal Home Loan Bank, there is no limitation on the bank's investment, provided such investment is for the purpose of utilizing the services of the Federal Home Loan Bank. (e) Prior approval by the department is required for acquisitions listed in subparagraphs (D) through (G) of subsection (c) of this Code section. The department, by regulation, may permit expedited or notice only procedures and may provide for applicable administrative fees. (f) The department may by rule or regulation prescribe less restrictive investment limitations than those contained in this Code section for banks meeting certain financial and management criteria."
SECTION 4. Said chapter is further amended by striking subsections (b) and (c) of Code Section 7-1-480, relating to boards of directors, and inserting thereof two new subsections to read as follows:

974______GENERAL ACTS AND RESOLUTIONS, VOL. I________
"(b) Seventy-five percent of the directors shall be citizens of the United States and at least a majority shall:
(1) Reside in Georgia; or (2) Reside within 40 miles of any banking location authorized to offer a complete banking or trust service. (c) The residency requirements ofparagraphs (1) and (2) ofsubsection (b) ofthis Code section shall not apply to banks having branches in states other than Georgia, provided the residency of directors is consistent with the bank's articles of incorporation and bylaws."
SECTION 5.
Said chapter is further amended by striking subsections (b) and (e) of Code Section 7-1-530, relating to authority to merge or consolidate, and inserting in lieu thereof two new subsections to read as follows:
*(b) A corporation other than a bank or trust company may be merged into or consolidated with a bank or trust company, provided that:
(1) The resulting institution is a bank or trust company; (2) The resulting institution holds only assets and liabilities and is engaged only in activities which may be held or engaged in by a bank or trust company; and (3) The merger or consolidation is not otherwise unlawful." "(e) In the case ofa merger ofa Georgia state bank with any other bank or banks, with the Georgia bank as the resulting bank, any assets, lines of business, activities, or powers which may accrue to the resulting bank which would not be allowed for a Georgia state bank shall be provided for in the plan of merger. Such plan shall include the proposal for holding or disposal of such assets or the continuation or termination of such line of business, activity, or power. The department shall review the plan to determine whether, in the interest of safety and soundness and consistent with the other objectives of Code Section 7-1 -3, the activity, power, asset, or line of business should be approved, denied, or phased out within a reasonable period of time, to be determined by the department."
SECTION 6.
Said chapter is further amended by striking subsection (e) of Code Section 7-1-536, relating to the effect of merger or consolidation, and inserting in lieu thereof a new subsection (e) to read as follows:
"(e) The resulting bank or trust company shall have the authority to engage only in such business and exercise only such powers as are then permissible upon original incorporation under this chapter and shall be subject to the same prohibitions and limitations as it would then be subject to upon original incorporation. It may, however, subject to permission of the department as set out in Code Sections 7-1-530 and 7-1-555, engage in any business and exercise any right that any bank or trust company which is a party to the plan could lawfully exercise or engage in immediately prior to the merger or consolidation."

____________GEORGIA LAWS 2001 SESSION__________975
SECTION 7. Said chapter is further amended by striking paragraph (5) of subsection (b) of Code Section 7-1-555, relating to the effect of issuance of certificate of merger or consolidation, and inserting in lieu thereof a new paragraph (5) to read as follows:
'(5) The bank or trust company shall have the authority to engage only in such lines of business and activities and exercise only such powers or hold such assets as are then permissible upon original incorporation under this chapter and shall be subject to the same prohibitions and limitations as it would then be subject to upon original incorporation; provided, however, that if the converting institution owns or holds assets, engages in any business, or has powers that would not be allowed for a state bank, then the plan of conversion shall include a plan for holding or disposal of such nonconforming assets or the continuation or termination of such line of business, activity, or power. The department shall review the plan to determine whether, in the interest of safety and soundness and the other objectives of Code Section 7-1-3, the activity, power, asset, or line of business should be approved, denied, or phased out within a reasonable period of time, to be determined by the department; and'.
SECTION 8. Said chapter is further amended by striking subsection (b) of Code Section 7-1-628.6, relating to powers of out-of-state banks branching into Georgia, and inserting in lieu thereof a new subsection (b) to read as follows:
"(b) A Georgia state bank may conduct any activities at any branch outside Georgia that are authorized by Georgia law or that are permissible for a bank chartered by the host state where the branch is located, except to the extent such activities are expressly prohibited by the laws of this state or by any regulation or order of the commissioner applicable to the Georgia state bank and except where the activity is one that requires approval from the department, in which case such approval must be secured; provided, however, that the commissioner may waive any prohibition or requirement for approval if he or she determines, by order or regulation, that the involvement of out-of-state branches of the Georgia state bank in particular activities would not threaten the safety or soundness of such bank."
SECTION 9. Said chapter is further amended by striking Code Section 7-1-670, relating to third-party payment services, and inserting in lieu thereof a new Code Section 7-1-670 to read as follows:
"7-1-670.
(a) Any credit union may apply to the department for permission to offer third-party payment services to its members. The department shall exercise its discretion in determining whether to approve such request but shall not grant its approval until it is satisfied that:
(1) The convenience and need of the membership will be served by the proposed change;

976_______GENERAL ACTS AND RESOLUTIONS, VOL. I_________
(2) There is reasonable promise of adequate support of the program in light of: (A) The competition offered by existing financial institutions; (B) The financial history of the credit union and its membership; and (C) The opportunities for profitable employment of depositors' funds as indicated by the average demand for credit, the number of potential depositors, the volume of transactions, and stability of the common bond;
(3) The managerial resources, internal controls, and operating procedures of the credit union are sufficient to administer the program in a safe and sound manner; and (4) The capital and reserves of the credit union are adequate in light of current economic conditions and asset quality of the credit union. (b) A credit union meeting certain financial and managerial criteria specified by department rule, regulation, or policy shall be exempt from the need for prior approval. Prior notice of intent to offer third-party payment services will be provided to the department. (c) Upon the commencement of third-party payment services, a credit union shall be subject to Code Sections 7-1-286, pertaining to real estate loans; 7-1-287, pertaining to investment securities; 7-1-288, pertaining to corporate stock and securities; 7-1-371, pertaining to legal reserve requirements; and rules and regulations of the department relating to the foregoing Code sections of law and shall not pay a greater rate of interest on third-party payment accounts than is allowed to be paid by commercial banks. (d) Authority to offer third-party payment services may be suspended or revoked in accordance with Code Section 7-1-91."
SECTION 10. Said chapter is further amended by striking "and" at the end of paragraph (6), by striking the period and inserting in lieu thereof"; and" at the end of paragraph (7), and by adding following paragraph (7) of subsection (b) of Code Section 7-1-1003, relating to applications for licenses, a new paragraph (8) to read as follows:
"(8) For mortgage brokers, evidence of satisfaction of experience or education requirements, as required by regulations of the department."
SECTION 11. Said chapter is further amended by striking Code Section 7-1-1003.2, relating to financial requirements for licensing and registration, and inserting in lieu thereof a new Code Section 7-1-1003.2 to read as follows:
"7-1-1003.2.
(a) Each licensed mortgage broker must provide the department with a bond. The bond for a mortgage broker shall be in the principal sum of $50,000.00 or such greater sum as the department may require and the bond shall meet the other requirements of subparagraph (c)(2)(B) of this Code section. In lieu of a bond, a mortgage broker may provide the department with an audited financial statement that discloses that the broker has a bona fide and verifiable tangible net worth of $25,000.00. Upon initial application and submission of the bond, such

____________GEORGIA LAWS 2001 SESSION__________977
mortgage brokers must submit an unaudited financial statement certified to be true and correct by the mortgage broker. (b) Except as otherwise provided in subsection (c) of this Code section, the . department shall not license or register any mortgage lender unless the applicant or registrant submits audited financial statements covering the most recent fiscal year preceding the date ofthe application or registration and such other financial data as the department may require that disclose that the applicant or registrant has a bona fide and verifiable tangible net worth of $250,000.00 or such greater amount as the department may reasonably require, which net worth must be continuously maintained as a condition of licensure or registration. (c) The department may issue a mortgage lender's license to an applicant with a bona fide and verifiable tangible net worth of less than $250,000.00 but not less than $100,000.00, provided that such applicant satisfies the following requirements in support of an application for a mortgage lender's license in addition to all other applicable requirements for licensure under this article:
(1) The applicant shall certify that such applicant transfers or assigns all mortgage loans funded with such applicant's own funds, including, but not limited to, draws on a warehouse line of credit to another mortgage lender prior to the due date of the first payment by the borrower but in no event later than 45 days after the date of funding; and (2) The applicant shall submit the following to the department:
(A) Audited financial statements covering the applicant's most recent fiscal year preceding the date ofthe application and such other financial data as the department may require that disclose that the applicant has a bona fide and verifiable tangible net worth of $100,000.00 or such greater amount as the department may reasonably require; (B) A corporate surety bond in the principal amount of $100,000.00, which bond shall be for a term and in a form satisfactory to the department, shall be issued by a bonding company or insurance company authorized to do business in this state and approved by the department, and shall run to the State of Georgia for the benefit of any person damaged by noncompliance of a licensee with any condition of such bond. Damages under the-bond shall include moneys owed to the department for fees, fines, or penalties. Such bond shall be continuously maintained thereafter in full force. Such bond shall be conditioned upon the applicant or the licensee conducting his or her licensed business in conformity with this article and all applicable laws; and (C) Evidence ofhaving received approval to participate as a mortgagee loan correspondent in the mortgage insurance programs administered by the United States Department of Housing and Urban Development. (d) An irrevocable letter of credit from a federally insured financial institution in form and terms acceptable and payable to the department may be substituted for the bond requirement for a mortgage broker or mortgage lender license.

978______GENERAL ACTS AND RESOLUTIONS, VOL. I_______
(e) Any person including the department who may be damaged by noncompliance of a licensee with any condition of a bond may proceed on such bond against the principal or surety thereon, or both, to recover damages. (f) The department may promulgate rules and regulations with respect to the definition of net worth and the requirement for maintaining net worth as a condition of licensure or registration. (g) Both the net worth requirement and the bond, wherever applicable, must be continuously maintained as a condition of licensure or registration.*
SECTION 12. Said chapter is further amended by striking Code Section 7-1-1004, relating to investigation of applicant and its officers, and inserting in lieu thereof a new Code Section 7-1-1004 to read as follows:
'7-1-1004.
(a) Upon receipt ofan application for license, the department shall conduct such investigation as it deems necessary to determine that the applicant and its officers, directors, and principals are of good character and ethical reputation; that the applicant demonstrates reasonable financial responsibility; that the applicant has reasonable policies and procedures to receive and process customer grievances and inquiries promptly and fairly; and that the applicant has and maintains a registered agent for service in this state. (b) The department shall not license any applicant unless it is satisfied that the applicant may be expected to operate its mortgage lending or brokerage activities in compliance with the laws of this state and in a manner which protects the contractual and property rights of the citizens of this state. (c) The department may establish by rule or regulation minimum education or experience requirements for an applicant for a mortgage broker license or renewal of such a license. (d) The department may not issue or may revoke a license if it finds that the applicant, or any person who is a director, officer, partner, agent, employee, or ultimate equitable owner of 10 percent or more of the applicant, has been convicted of a felony involving moral turpitude in any jurisdiction or of a crime which, if committed within this state, would constitute a felony involving moral turpitude under the laws of this state. For the purposes of this article, a person shall be deemed to have been convicted of a crime if such person shall have pleaded guilty to a charge thereof before a court or federal magistrate or shall have been found guilty thereof by the decision or judgment of a court or federal magistrate or by the verdict of a jury, irrespective of the pronouncement of sentence or the suspension thereof, and regardless of whether first offender treatment without adjudication ofguilt pursuant to the charge was entered, unless and until such plea of guilty, or such decision, judgment, or verdict, shall have been set aside, reversed, or otherwise abrogated by lawful judicial process or until probation, sentence, or both probation and sentence of a first offender have been successfully completed and documented or unless the person convicted of the crime shall have received a pardon therefor from the President of the United

____________GEORGIA LAWS 2001 SESSION__________979
States or the Governor or other pardoning authority in the jurisdiction where the conviction was had or shall have received an official certification or pardon granted by the State Board of Pardons and Paroles which removes the legal disabilities resulting from such conviction and restores civil and political rights in this state. (e) The department shall be authorized to obtain conviction data with respect to any applicant or any person who is a director, officer, partner, agent, employee, or ultimate equitable owner of 10 percent or more of the applicant. Upon receipt of information from the Georgia Crime Information Center that is incomplete or that indicates an applicant or any person who is a director, officer, partner, agent, employee, or ultimate equitable owner of 10 percent or more of the applicant has a criminal record in any state other than Georgia, the department shall submit to the Georgia Crime Information Center two complete sets of fingerprints of such applicant or such person, the required records search fees, and such other information as may be required. Upon receipt thereof, the Georgia Crime Information Center shall promptly transmit one set of fingerprints to the Federal Bureau of Investigation for a search of bureau records and an appropriate report and shall retain the other set and promptly conduct a search of its own records and records to which it has access. The Georgia Crime Information Center shall notify the department in writing of any derogatory finding, including, but not limited to, any conviction data regarding the fingerprint records check, or ifthere is no such finding. All conviction data received by the department shall be used by the department for the exclusive purpose of carrying out the responsibilities of this article, shall not be a public record, shall be privileged, and shall not be disclosed to any other person or agency except to any person or agency which otherwise has a legal right to inspect the file. All such records shall be maintained by the department pursuant to laws regarding such records and the rules and regulations of the Federal Bureau of Investigation and the Georgia Crime Information Center, as applicable. As used in this subsection, 'conviction data' means a record of a finding, verdict, or plea of guilty or plea of nolo contendere with regard to any crime, regardless of whether an appeal of the conviction has been sought. (f) The department may deny or revoke a license or otherwise restrict a license if it finds that the applicant or any person who is a director, officer, partner, agent, or ultimate equitable owner of 10 percent or more of the applicant has had a license denied, revoked, or suspended within three years of the date of the application. (g) The department may not issue a license to and may revoke a license from an applicant or licensee if such person employs any other person against whom a final cease and desist order has been issued within the preceding three years, if such order was based on a violation of Code Section 7-1-1013 or based on the conducting of a mortgage business without a required license, or whose license has been revoked within three years of the date such person was hired.

980______GENERAL ACTS AND RESOLUTIONS, VOL. I________
(h) Within 90 days after receipt of a completed application and payment of licensing fees prescribed by this article, the department shall either grant or deny the request for license. (i) A person shall not be indemnified for any act covered by this article or for any fine or penalty incurred pursuant to this article as a result of any violation of the law or regulations contained in this article, due to the legal form, corporate structure, or choice of organization of such person, including but not limited to a limited liability corporation."
SECTION 13. Said chapter is further amended by striking subsection (b) of Code Section 7-1-1005, relating to renewal of licenses and registrations, and inserting in lieu thereof a new subsection (b) to read as follows:
'(b) Any licensee or registrant making proper application, including all supporting documents, moneys owed to the department, and all applicable fees required by this article and any regulations promulgated by the department, for a license or registration renewal to operate during the following license year and filing the application prior to April 1 shall be permitted to continue to operate pending final approval or disapproval of the application for the license or registration renewal for the following year if final approval or disapproval is not granted prior to July 1 .*
SECTION 14. Said chapter is further amended by striking subsection (f) of Code Section 7-1-1009, relating to maintenance of books, accounts, and records, and inserting in lieu thereof a new subsection (f) to read as follows:
'(f) Examinations and investigations conducted under this article and information obtained by the department in the course of its duties under this article are confidential, except as provided in this subsection, pursuant to the provisions of Code Section 7-1-70. In addition to the exceptions set forth in subsection (b) of Code Section 7-1-70 and in paragraphs (3) and (4) of subsection (c) ofthis Code section, the department is authorized to share information obtained under this article with other state and federal regulatory agencies or law enforcement authorities. In the case of such sharing, the safeguards to confidentiality already in place within such agencies or authorities shall be deemed adequate. The commissioner or an examiner specifically designated may disclose such limited information as is necessary to conduct a civil or administrative investigation or proceeding. The department shall compile information on the number of written complaints received on all licensees. Beginning August 1, 2001, and at least annually thereafter, the department shall disclose to the public the number of such complaints together with the number of Georgia residential mortgage loans made during the same period. In preparing the disclosure, the department shall be authorized to rely upon the number of mortgage loans reported to it in the mortgage license renewal application. Information contained in the records of the department which is not confidential and may be made available to the public

____________GEORGIA LAWS 2001 SESSION__________981
upon receipt by the department of a written request shall include the name, business address, and license number of a licensee or registrant and the owner or owners thereof, the name and business address of a licensee's or registrant's agent for service, and the terms of or a copy of any bond filed by a licensee or registrant.'
SECTION IS. Said chapter is further amended by striking Code Section 7-1-1012, relating to rules and regulations, and inserting in lieu thereof a new Code Section 7-1-1012 to read as follows:
'7-1-1012. Without limitation on the power conferred by Article 1 of this chapter, the department may make reasonable rules and regulations, not inconsistent with law, for the enforcement of this article, to effectuate the purposes of this article, and to clarify the meaning of terms."
SECTION 16. Said chapter is further amended by striking Code Section 7-1-1014, relating to regulations governing disclosures required to applicants for mortgage loans, and inserting in lieu thereof a new Code Section 7-1-1014 to read as follows:
"7-1-1014. In addition to such other rules, regulations, and policies as the department may promulgate to effectuate the purposes of this article, the department shall promulgate regulations governing the disclosure required to be made to applicants for mortgage loans, including, without limitation, the following requirements:
(1) Any person required to be licensed or registered under this article shall provide to each applicant for a mortgage loan prior to accepting an application fee or any third-party fee such as a property appraisal fee, credit report fee, or any other similar fee a disclosure of the fees payable and the conditions under which such fees may be refundable; (2) Any mortgage lender required to be licensed or registered under this article shall make available to each applicant for a mortgage loan at or before the time a commitment to make a mortgage loan is given a written disclosure of the fees to be paid in connection with the commitment and the loan, or the manner in which such fees shall be determined and the conditions under which such fees may be refundable; and (3) Any mortgage lender required to be licensed or registered under this article shall disclose to each borrower of a mortgage loan that failure to meet every condition of the mortgage loan may result in the loss of the borrower's property through foreclosure. The borrower shall be required to sign the disclosure at or before the time of the closing of the mortgage loan. The department may prescribe standards regarding the accuracy of required disclosures and may provide for applicable administrative or civil penalties or fines for failure to provide the disclosures or to meet the prescribed standards."

982______GENERAL ACTS AND RESOLUTIONS, VOL. I
SECTION 17. All laws and parts of laws in conflict with this Act are repealed.
Approved April 27, 2001.
CRIMES AND OFFENSES - TAMPERING WITH EVIDENCE.
Code Section 16-10-94 Amended.
No. 300 (Senate Bill No. 22).
AN ACT
To amend Code Section 16-10-94 of the Official Code of Georgia Annotated, relating to tampering with evidence, so as to increase the penalties for such crime; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Code Section 16-10-94 of the Official Code of Georgia Annotated, relating to tampering with evidence, is amended by striking subsection (c) in its entirety and inserting in lieu thereof the following:
'(c) Except as otherwise provided in this subsection, any person who violates subsection (a) of this Code section involving the prosecution or defense of a felony and involving another person shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for not less than one nor more than three years; provided, however, that any person who violates subsection (a) of this Code section involving the prosecution or defense of a serious violent felony as defined in subsection (a) of Code Section 17-10-6.1 and involving another person shall be guilty ofa felony and, upon conviction thereof, shall be punished by imprisonment for not less than one nor more than ten years. Except as otherwise provided in this subsection, any person who violates subsection (a) of this Code section involving the prosecution or defense of a misdemeanor shall be guilty of a misdemeanor.*
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.
Approved April 27, 2001.

_____________GEORGIA LAWS 2001 SESSION___________983
COMMERCE AND TRADE - ELECTRONIC RECORDS AND SIGNATURES.
Code Sections 10-12-2 and 10-12-4 Amended.
No. 301 (Senate Bill No. 24).
AN ACT
To amend Chapter 12 of Title 10 of the Official Code of Georgia Annotated, relating to electronic records and signatures, so as to provide for legislative findings and intent; to expressly permit the use of electronic records and signatures unless the provisions of Chapter 12 of Title 10 are otherwise expressly referred to and limited; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Chapter 12 of Title 10 of the Official Code of Georgia Annotated, relating to electronic records and signatures, is amended in Code Section 10-12-2, relating to construction, by designating the existing provisions thereof as subsection (a) and adding a new subsection (b) to read as follows:
"(b) The General Assembly finds that this chapter is consistent with the Electronic Signatures in Global and National Commerce Act (15 U.S.C.S. Sections 7001, et seq., and 47 U.S.C.S. Section 231) as contemplated in Section 7002 (a)(2)(A) thereof and therefore continues to have the full force of law. The General Assembly further reaffirms its intent that this chapter continue to have the full force of law."
SECTION 2. Said chapter is further amended in Code Section 10-12-4, relating to legal effect of electronic signatures and records, contest based on fraud, authentication or identification, limitations, and notarization, by adding a new subsection (k) to read as follows:
"(k) Even when a statute, regulation, or other rule of law specifies a particular type of record other than an electronic record or a particular type of signature other than an electronic signature, this chapter shall control to permit the use of electronic records and electronic signatures in the circumstances otherwise governed by such statute, regulation, or other rule of law, unless such statute, regulation, or other rule of law expressly refers to and limits the application of this chapter.'

984______GENERAL ACTS AND RESOLUTIONS, VOL. I
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.
Approved April 27, 2001.
REVENUE AND TAXATION - VARIOUS PROVISIONS.
Code Titles 14 and 48 Amended.
No. 302 (House Bill No. 582).
AN ACT
To amend Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, so as to provide for certain technical corrections and modifications; to provide for proper administration of certain provisions regarding revenue and taxation; to provide that a member, manager, or employee of a limited liability company and a partner or employee of a limited liability partnership may, under certain circumstances, be held personally liable for tax delinquencies arising from the operation of the limited liability company or limited liability partnership; to clarify that the taxation of limited liability companies is the same only for Georgia income tax purposes as it is for federal income tax purposes; to provide for corresponding revisions in Title 14 of the Official Code of Georgia Annotated, relating to corporations; to further amend said Title 48 so as to clarify that the state revenue commissioner may enter into an allocation and apportionment agreement with taxpayers other than corporations; to revise and change certain provisions regarding income tax credits for businesses located in certain counties and areas designated as less developed areas; to revise and change certain provisions regarding income tax credits for the establishment or relocation of taxpayer headquarters; to authorize the claiming of certain income tax credits on a calendar year basis for a certain tax year; to correct a term; to clarify the relief from joint and several liability on joint returns for innocent spouses when applicable only to state income taxes; to clarify the phased-in exemption of certain repair or replacement parts; to clarify the exemption for tangible personal property acquired under 100 percent common ownership; to clarify the exemption for certain sales or leases of computer equipment to certain high-technology companies; to clarify the exemption with respect to the sale ofcertain machinery, equipment, and materials incorporated into and used in the construction and operation ofcertain clean rooms; to clarify the imposition of sales and use taxes; to extend the date for distribution of certain unidentifiable sales and use tax proceeds, so as to remove the requirement that governing authorities base their examination of records relating to excise tax on rooms, lodgings, and accommodations upon the most recent sales tax audit report

____________GEORGIA LAWS 2001 SESSION__________985
ofthe innkeeper as may be furnished by the commissioner; 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. Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, is amended by striking subsection (a) of Code Section 48-2-52, relating to the personal liability of corporate officers and employees for tax delinquencies of the corporation, and inserting in its place a new subsection (a) to read as follows:
"(a) Any officer or employee of any corporation, any member, manager, or employee of any limited liability company, or any partner or employee of any limited liability partnership who has control or supervision of collecting from purchasers or others amounts required under this title or of collecting from employees any taxes required under this title, and of accounting for and paying over the amounts or taxes to the commissioner, and who willfully fails to collect the amounts or taxes or truthfully to account for and pay over the amounts or taxes to the commissioner, or who willfully attempts to evade or defeat any obligation imposed under this title, shall be personally liable for an amount equal to the amount evaded, not collected, not accounted for, or not paid over."
SECTION 2. Title 14 of the Official Code of Georgia Annotated, relating to corporations, is amended by striking subsection (b) ofCode Section 14-8-15, relating to the liability of a partner in a limited liability partnership for debts, obligations, or liabilities of or chargeable to the partnership, and inserting in its place a new subsection (b) to read as follows:
'(b) Subject to subsection (c) of this Code section and to any contrary agreement among the partners, a partner in a limited liability partnership is not individually liable or accountable either directly or indirectly by way of indemnification, reimbursement, contribution, assessment, or otherwise for any debts, obligations, or liabilities of or chargeable to the partnership or another partner, whether arising in tort, contract, or otherwise, that are incurred, created, or assumed while such partnership is a limited liability partnership, solely by reason of being such a partner or acting or omitting to act in such capacity or otherwise participating in the conduct of the activities of the limited liability partnership. Notwithstanding the provisions of this subsection, a partner may be personally liable for tax liabilities arising from the operation of the limited liability partnership as provided in Code Section 48-2-52."
SECTION 3. Said title 14 is further amended by striking subsection (a) of Code Section 14-11-303, relating to the liability to third parties of members, managers, agents, or employees of a limited liability company, and inserting in its place a new subsection (a) to read as follows:

986______GENERAL ACTS AND RESOLUTIONS, VOL. I________
'(a) A person who is a member, manager, agent, or employee of a limited liability company is not liable, solely by reason of being a member, manager, agent, or employee of the limited liability company, under a judgment, decree, or order of a court, or in any other manner, for a debt, obligation, or liability of the limited liability company, whether arising in contract, tort, or otherwise, or for the acts or omissions of any other member, manager, agent, or employee of the limited liability company, whether arising in contract, tort, or otherwise. Notwithstanding the provisions of this subsection, a member, manager, or employee may be personally liable for tax liabilities arising from the operation of the limited liability company as provided in Code Section 48-2-52."
SECTION 4. Said title is further amended by striking Code Section 14-11-1104, relating to taxation of limited liability companies, and inserting in its place a new Code Section 14-11-1104 to read as follows:
14-11-1104.
Each limited liability company and foreign limited liability company shall be classified as a partnership for Georgia income tax purposes unless classified otherwise for federal income tax purposes, in which case the limited liability company or foreign limited liability company shall be classified for Georgia income tax purposes in the same manner as it is classified for federal income tax purposes. A member or an assignee of a member of a limited liability company or foreign limited liability company shall be treated for Georgia income tax purposes as either a resident or nonresident partner in the limited liability company or foreign limited liability company unless classified otherwise for federal income tax purposes, in which case the member or assignee of a member shall have the same status for Georgia income tax purposes as such member or assignee of a member has for federal income tax purposes."
SECTION 5. Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, is amended by striking subsection (d) of Code Section 48-7-31, relating to allocation and apportionment of income, and inserting in its place a new subsection (d) to read as follows:
"(d) Net income of the classes described in subsection (c) of this Code section having been separately allocated and deducted, the remainder of the net business income shall be apportioned as follows:
(1) Where the net business income of the corporation is derived principally from the manufacture, production, or sale of tangible personal property, the portion of the net income therefrom attributable to property owned or business done within this state shall be taken to be the portion arrived at by application of the following formula:
(A) Property factor. The property factor is a fraction, the numerator of which is the average value of the taxpayer's real and tangible personal property owned or rented and used in this state during the tax period and the

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denominator of which is the average value of all the taxpayer's real and tangible personal property owned or rented and used during the tax period;
(i) Property owned by the taxpayer is valued at its original cost. Property rented by the taxpayer is valued at eight times the net annual rental rate. Net annual rental rate is the annual rental rate paid by the taxpayer less any annual rental rate received by the taxpayer from subrentals; (ii) The average value of property shall be determined by averaging the values at the beginning and end of the tax period, except that the commissioner may require the averaging of monthly values during the tax period if such averaging is reasonably required to reflect properly the average value of the taxpayer's property; (B) Payroll factor. The payroll factor is a fraction, the numerator of which is the total amount paid in this state during the tax period by the taxpayer for compensation and the denominator of which is the total compensation paid everywhere during the tax period. The term 'compensation' means wages, salaries, commissions, and any other form of remuneration paid to employees for personal services. Payments made to an independent contractor or any other person not properly classified as an employee are excluded. Compensation is paid in this state if: (i) The employee's service is performed entirely within this state; (ii) The employee's service is performed both within and outside this state and the service performed outside this state is incidental to the employee's service within this state; or (iii) Some of the service is performed in this state and either the base of operations or the place from which the service is directed or controlled is in this state or the base of operations or the place from which the service is directed or controlled is not in any state in which some part of the service is performed but the employee's residence is in this state; (C) Gross receipts factor. The gross receipts factor is a fraction, the numerator of which is the total gross receipts from business done within this state during the tax period and the denominator of which is the total gross receipts from business done everywhere during the tax period. For the purposes ofthis subparagraph, receipts shall be deemed to have been derived from business done within this state only if the receipts are received from products shipped to customers in this state or products delivered within this state to customers. In determining the gross receipts within this state, receipts from sales negotiated or effected through offices of the taxpayer outside this state and delivered from storage in this state to customers outside this state shall be excluded; (D) Apportionment formula. The property factor, the payroll factor, and the gross receipts factor shall be separately determined and an apportionment fraction shall be calculated using the following formula: (i) The property factor shall represent 25 percent of the fraction; (ii) The payroll factor shall represent 25 percent of the fraction; and (iii) The gross receipts factor shall represent 50 percent of the fraction.

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The net income of the corporation shall be apportioned to this state according to such fraction; (2) Except as otherwise provided in paragraph (2.1) or (2.2) ofthis subsection, where the net business income is derived principally from business other than the manufacture, production, or sale of tangible personal property, the net business income of the corporation shall be arrived at by application of the following three factor formula: (A) Property factor. The property factor is a fraction, the numerator of which is the average value of the taxpayer's real and tangible personal property owned or rented and used in this state during the tax period and the denominator of which is the average value of all the taxpayer's real and tangible personal property owned or rented and used during the tax period;
(i) Property owned by the taxpayer is valued at its original cost. Property rented by the taxpayer is valued at eight times the net annual rental rate. Net annual rental rate is the annual rental rate paid by the taxpayer less any annual rental rate received by the taxpayer from subrentals; (ii) The average value of property shall be determined by averaging the values at the beginning and end of the tax period, except that the commissioner may require the averaging of monthly values during the tax period if such averaging is reasonably required to reflect properly the average value of the taxpayer's property; (B) Payroll factor. The payroll factor is a fraction, the numerator of which is the total amount paid in this state during the tax period by the taxpayer for compensation and the denominator of which is the total compensation paid everywhere during the tax period. The term 'compensation' means wages, salaries, commissions, and any other form of remuneration paid to employees for personal services. Payments made to an independent contractor or any other person not properly classified as an employee are excluded. Compensation is paid in this state if: (i) The employee's service is performed entirely within this state; (ii) The employee's service is performed both within and outside this state and the service performed outside this state is incidental to the employee's service within this state; or (iii) Some of the service is performed in this state and either the base of operations or the place from which the service is directed or controlled is in this state or the base of operations or the place from which the service is directed or controlled is not in any state in which some part of the service is performed but the employee's residence is in this state; (C) Gross receipts factor. The gross receipts factor is a fraction, the numerator of which is the total gross receipts from business done within this state during the tax period and the denominator of which is the total gross receipts from business done everywhere during the tax period. Gross receipts are in this state ifthe receipts are derived from customers within this state or if the receipts are otherwise attributable to this state's marketplace;

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(D) The property factor, payroll factor, and the gross receipts factor shall be separately determined and an apportionment fraction shall be calculated using the following formula:
(i) The property factor shall represent 25 percent of the fraction; (ii) The payroll factor shall represent 25 percent of the fraction; and (iii) The gross receipts factor shall represent 50 percent of the fraction. The net income of the corporation shall be apportioned to this state according to such fraction; (E) If the allocation and apportionment provisions provided for in this paragraph do not fairly represent the extent of the taxpayer's business activity in this state, the taxpayer may petition the commissioner for, or the commissioner may by regulation require, with respect to all or any part of the taxpayer's business activity, if reasonable: (i) Separate accounting; (ii) The exclusion of any one or more of the factors; (iii) The inclusion of one or more additional factors that will fairly represent the taxpayer's business activity within this state; or (iv) The employment of any other method to effectuate an equitable allocation and apportionment of the taxpayer's income. The denial of a petition under this paragraph shall be appealable pursuant to either Code Section 48-2-59 or 50-13-12; (2.1)(A) Except as otherwise provided in this paragraph, all terms used in this paragraph shall have the same meaning as such terms are defined in 49 U.S.C. Section 1301 and the United States Department of Transportation's Uniform System of Accounts and Reports for Large Certificated Air Carriers, 14 C.F.R. Part 241, as now or hereafter amended. (B) Where the net business income ofthe corporation is derived principally from transporting passengers or cargo in revenue flight, the portion of the net income therefrom attributable to property owned or business done within this state shall be taken to be the portion arrived at by application of the following three factor formula: (i) Revenue air miles factor. The revenue air miles factor is a fraction, the numerator of which shall be equal to the total, for each flight stage which originates or terminates in this state, of revenue passenger miles by aircraft type flown in this state and revenue cargo ton miles by aircraft type flown in this state and the denominator of which shall be equal to the total, for all flight stages flown everywhere, of total revenue passenger miles by aircraft type and total revenue cargo ton miles by aircraft type; (ii) Tons handled factor. The tons handled factor is a fraction, the numerator of which shall be equal to the total of revenue passenger tons by aircraft type handled in this state and revenue cargo tons by aircraft type handled in this state and the denominator of which shall be equal to the total of revenue passenger tons by aircraft type flown everywhere and revenue cargo tons by aircraft type flown everywhere. For purposes of this division, the term 'handled' means the product of60 percent multiplied

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by the revenue passenger tons flown on each flight stage which originates in this state or 60 percent multiplied by the revenue cargo tons flown on each flight stage which originates in this state; (iii) Originating revenue factor. The originating revenue factor is a fraction, the numerator of which shall be equal to the total of passenger and cargo revenue by aircraft type which is attributable to this state and the denominator of which shall be the total of passenger and cargo revenue by aircraft type everywhere. For purposes of this division, passenger or cargo revenue which is attributable to this state shall be equal to the product of passenger or cargo revenue everywhere by aircraft type multiplied by the ratio of revenue passenger miles or revenue cargo ton miles in this state to total revenue passenger miles everywhere or total revenue cargo ton miles everywhere for each aircraft type as separately determined in division (i) of this subparagraph. If records of total passenger revenue everywhere by aircraft type or total cargo revenue everywhere by aircraft type are not maintained, then for purposes of this division, total passenger revenue everywhere for all aircraft types or total cargo revenue everywhere for all aircraft types shall be allocated to each aircraft type based on the ratio of total revenue passenger miles everywhere for that aircraft type to all aircraft types or total revenue cargo ton miles everywhere for that aircraft type to all aircraft types; (iv) The revenue air miles factor, the tons handled factor, and the originating revenue factor shall be separately determined and an apportionment fraction shall be calculated using the following formula:
(I) The revenue air miles factor shall represent 25 percent of the fraction; (II) The tons handled factor shall represent 25 percent of the fraction; and (III) The originating revenue factor shall represent 50 percent of the fraction. The net income of the corporation shall be apportioned to this state according to such average fraction; (2.2)(A) As used in this paragraph, the term: (i) 'Credit card data processing and related services' shall include, but not be limited to, the provision of infrastructure services for bank credit card and private label card issuers, such as new account application processing, international and domestic clearing, statement preparation, point-of-sale authorization processing, card embossing, and other related processing services for managing cardholder accounts. (ii) 'Customer' means the banks and institutions to whom credit card data processing and related services are provided. (iii) 'Gross receipts factor' means a fraction, the numerator of which is the total gross receipts from the taxpayer's customers during the tax period, ifthe principal office ofthe customer's credit card operation is in this state or if the principal office of the taxpayer's customer is in this state, and the

____________GEORGIA LAWS 2001 SESSION__________991
denominator of which is the total gross receipts from all of the taxpayer's customers during the tax period. (B) Where more than 60 percent of the total gross receipts of a corporation are derived from the provision of credit card data processing and related services to banks and other institutions, the portion of the net income attributable to business done in this state shall be determined by multiplying the corporation's net income by the gross receipts factor in division (iii) of subparagraph (A) of this paragraph; (3) For the purposes of this subsection, the term 'sale' shall include, but not be limited to, an exchange, and the term 'manufacture' shall include, but not be limited to, the extraction and recovery of natural resources and all processes of fabricating and curing."
SECTION 6. Said title is further amended by adding a new Code section immediately following Code Section 48-7-31, to be designated Code Section 48-7-31.1, to read as follows:
"48-7-31.1.
For purposes ofparagraphs (1) and (2) ofsubsection (d) ofCode Section 48-7-31, the commissioner may enter into an agreement with a taxpayer establishing the allocation and apportionment of the taxpayer's income for a limited period, provided that the following conditions are met:
(1) The taxpayer is planning a new facility in the State of Georgia or an expansion of an existing facility; (2) The taxpayer submits a proposal asking the commissioner to enter into a contract under this Code section requesting a different allocation and apportionment method and stating the reasons for such proposal; and (3) Following the commissioner's referral ofthe proposal to a panel composed ofthe commissioner ofcommunity affairs, the commissioner ofindustry, trade, and tourism, and the director of the Office of Planning and Budget, said panel, after reviewing the proposal, certifies that:
(A) The new facility or expansion will have a significant beneficial economic effect on the region for which it is planned; and (B) The benefits to the public from the new facility or expansion exceed its costs to the public."
SECTION 7. Said title is further amended by striking subsection (e) of Code Section 48-7-40, relating to the allowance of tax credits for business enterprises in less developed areas, and inserting in its place a new subsection (e) to read as follows:
"(e) Business enterprises in counties designated by the commissioner of community affairs as tier 1 counties shall be allowed a tax credit for taxes imposed under this article equal to $3,500.00 annually per eligible new full-time employee job for five years beginning with years two through six after the creation of such job; provided, however, that where the amount of such credit exceeds a business enterprise's liability for such taxes in a taxable year, the

992______GENERAL ACTS AND RESOLUTIONS, VOL. I________
excess may be taken as a credit against such business enterprise's quarterly or monthly payment under Code Section 48-7-103 but not to exceed in any one taxable year $3,500.00 for each new full-time employee job when aggregated with the credit applied against taxes under this article. Each employee whose employer receives credit against such business enterprise's quarterly or monthly payment under Code Section 48-7-103 shall receive credit against his or her income tax liability under Code Section 48-7-20 for the corresponding taxable year for the full amount which would be credited against such liability prior to the application of the credit provided for in this subsection. Credits against quarterly or monthly payments under Code Section 48-7-103 and credits against liability under Code Section 48-7-20 established by this subsection shall not constitute income to the taxpayer. Business enterprises in counties designated by the commissioner of community affairs as tier 2 counties shall be allowed a job tax credit for taxes imposed under this article equal to $2,500.00 annually, business enterprises in counties designated by the commissioner of community affairs as tier 3 counties shall be allowed a job tax credit for taxes imposed under this article equal to $1,250.00 annually, and business enterprises in counties designated by the commissioner of community affairs as tier 4 counties shall be allowed a job tax credit for taxes imposed under this article equal to $750.00 annually for each new full-time employee job for five years beginning with years two through six after the creation of the job. The number of new full-time jobs shall be determined by comparing the monthly average number of full-time employees subject to Georgia income tax withholding for the taxable year with the corresponding period of the prior taxable year. In tier 1 counties, those business enterprises that increase employment by five or more shall be eligible for the credit. In tier 2 counties, only those business enterprises that increase employment by ten or more shall be eligible for the credit. In tier 3 counties, only those business enterprises that increase employment by 15 or more shall be eligible for the credit. In tier 4 counties, only those business enterprises that increase employment by 25 or more shall be eligible for the credit. The average wage of the new jobs created must be above the average wage of the county that has the lowest average wage of any county in the state to qualify as reported in the most recently available annual issue of the Georgia Employment and Wages Averages Report of the Department of Labor. To qualify for a credit under this subsection, the employer must make health insurance coverage available to the employee filling the new full-time job; provided, however, that nothing in this subsection shall be construed to require the employer to pay for all or any part of health insurance coverage for such an employee in order to claim the credit provided for in this subsection if such employer does not pay for all or any part of health insurance coverage for other employees. Credit shall not be allowed during a year if the net employment increase falls below the number required in such tier. Any credit received for years prior to the year in which the net employment increase falls below the number required in such tier shall not be affected. The state revenue commissioner shall adjust the credit allowed each

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year for net new employment fluctuations above the minimum level of the number required in such tier.*
SECTION 8. Said title is further amended by striking subsection (e) of Code Section 48-7-40.1, relating to the allowance of tax credits for business enterprises in less developed areas, and inserting in its place a new subsection (e) to read as follows:
"(e) Business enterprises in areas designated by the commissioner of community affairs as less developed areas shall be allowed a job tax credit for taxes imposed under this article equal to $3,500.00 annually per eligible new full-time employee job for five years beginning with years two through six after the creation of such job; provided, however, that where the amount of such credit exceeds a business enterprise's liability for such taxes in a taxable year, the excess may be taken as a credit against such business enterprise's quarterly or monthly payment under Code Section 48-7-103 but not to exceed in any one taxable year $3,500.00 for each new full-time employee job when aggregated with the credit applied against taxes under this article. Each employee whose employer receives credit against such business enterprise's quarterly or monthly payment under Code Section 48-7-103 shall receive credit against his or her income tax liability under Code Section 48-7-20 for the corresponding taxable year for the full amount which would be credited against such liability prior to the application of the credit provided for in this subsection. Credits against quarterly or monthly payments under Code Section 48-7-103 and credits against liability under Code Section 48-7-20 established by this subsection shall not constitute income to the taxpayer. The number of new full-time jobs shall be determined by comparing the monthly average number of full-time employees subject to Georgia income tax withholding for the taxable year with the corresponding period of the prior taxable year. Only those business enterprises that increase employment by five or more in a less developed area shall be eligible for the credit. The average wage of the new jobs created must be above the average wage of the county that has the lowest wage of any county in the state to qualify as reported in the most recently available annual issue of the Georgia Employment and Wages Averages Report of the Department of Labor. To qualify for a credit under this subsection, the employer must make health insurance coverage available to the employee filling the new full-time job; provided, however, that nothing in this subsection shall be construed to require the employer to pay for all or any part of health insurance coverage for such an employee in order to claim the credit provided for in this subsection if such employer does not pay for all or any part of health insurance coverage for other employees. In addition, not less than 30 percent of such new full-time jobs must be held by a resident of the less developed area for which the credit is sought or another such designated less developed area. Credit shall not be allowed during a year if the net employment increase falls below five. Any credit received for years prior to the year in which the net employment increase falls below five shall not be affected. The state revenue commissioner

994______GENERAL ACTS AND RESOLUTIONS, VOL. I________
shall adjust the credit allowed each year for net new employment fluctuations above the minimum level of five.*
SECTION 9. Said title is further amended by striking Code Section 48-7-40.17, relating to income tax credits for establishment or relocation of a headquarters, and inserting in its place 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) 'Average wage' means the average wage of the county in which a full-time job is located as reported in the most recently available annual issue of the Georgia Employment and Wages Averages Report ofthe Department ofLabor. (2) 'Full-time job' means employment for an individual which: (A) Is located at a headquarters; (B) Has a regular work week of 30 hours or more; (C) Pays at or above: (i) In tier 1 counties, the average wage of the county in which it is located; (ii) In tier 2 counties, 105 percent of the average wage of the county in which it is located; (iii) In tier 3 counties, 110 percent of the average wage of the county in which it is located; and (iv) In tier 4 counties, 115 percent of the average wage of the county in which it is located; and (D) Has no predetermined end date. (3) 'Headquarters' means the principal central administrative office of a taxpayer. (4) Tier' means a tier as designated pursuant to Code Section 48-7-40, as amended.
(b) A taxpayer establishing its headquarters in this state or relocating its headquarters into this state which:
(1) Within one year of the first date on which it withholds wages* for employees at such headquarters pursuant to the provisions of Code Section 48-7-101 employs at least 100 persons in new full-time jobs at such headquarters; (2) Within one year of the first date on which it withholds wages for employees at such headquarters pursuant to the provisions of Code Section 48-7-101 incurs within the state a minimum of $1 million in construction, renovation, leasing, or other costs related to such establishment or relocation; and (3) Elects not to receive the tax credits provided for by Code Sections 48-7-40, 48-7-40.1, 48-7-40.2, 48-7-40.3, 48-7-40.4, 48-7-40.7, 48-7-40.8, and 48-7-40.9 for such jobs or such investment shall be allowed a credit for taxes imposed under this article equal to $2,500.00 annually per eligible new full-time job, or $5,000.00 if the average wage of the

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new full-time jobs created is 200 percent or more of the average wage of the county in which such jobs are located per eligible new full-time job; provided, however, that where the amount of such credit exceeds a taxpayer's liability for such taxes in a taxable year, the excess may be taken as a credit against such taxpayer's quarterly or monthly payment under Code Section 48-7-103 but not to exceed in any one taxable year $2,500.00 annually per eligible new full-time job, or $5,000.00 if the average wage of the new full-time jobs created is 200 percent or more of the average wage of the county in which such jobs are located for each new full-time job when aggregated with the credit applied against taxes under this article. Each employee whose employer receives credit against such taxpayer's quarterly or monthly payment under Code Section 48-7-103 shall receive credit against his or her income tax liability under Code Section 48-7-20 for the corresponding taxable year for the full amount which would be credited against such liability prior to the application of the credit provided for in this subsection. Credits against quarterly or monthly payments under Code Section 48-7-103 and credits against liability under Code Section 48-7-20 established by this subsection shall not constitute income to the taxpayer. The credit established by this subsection may be taken for the first taxable year in which the new full-time job is created and for the four immediately succeeding taxable years, and the taxpayer shall thereafter be ineligible for such credit; provided, however, that such new full-time jobs must be created within seven years from the close of the taxable year in which the taxpayer first becomes eligible for such credit. Credit shall not be allowed during a year if the net employment increase falls below the 100 new full-time jobs required. Any credit received for years prior to the year in which the net employment increase falls below the 100 new full-time jobs required shall not be affected. The commissioner shall adjust the credit allowed each year for net new employment fluctuations above the 100 new full-time jobs required. (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 full-time jobs subject to Georgia income tax withholding for the taxable year with the corresponding average for the prior taxable year. (d) Any credit claimed under this Code section but not used in any taxable year may be carried forward for ten years from the close of the taxable year in which the qualified jobs were established. (e) The commissioner shall promulgate any rules and regulations necessary to implement and administer this Code section."
SECTION 10. Said title is further amended by adding a new Code section immediately following Code Section 48-7-40.20, to be designated Code Section 48-7-40.21, to read as follows:
'48-7-40.21.
Notwithstanding any provision to the contrary of Code Sections 48-7-40 and 48-7-40.1, business enterprises may apply to the commissioner to make a

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one-time election to calculate new full-time jobs on a calendar year rather than a taxable year basis for all jobs created during calendar year 2001. Such one-time election may be made by claiming job tax credits calculated on the basis set forth in Code Sections 48-7-40 and 48-7-40.1 in connection with any 2002 state income tax return filed after the effective date of this Code section. Such election will not change the taxable year of the business enterprise."
SECTION 11. Said title is further amended by striking paragraph (2) of subsection (a) of Code Section 48-7-42, relating to affiliated entity defined, assignment of corporate income tax credit, carryover of unused credit, and joint and severable liability, and inserting in its place a new paragraph (2) to read as follows:
'(2) An entity affiliated with a corporation, business, partnership, or limited liability company 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."
SECTION 12. Said title is further amended by striking subsection (g) of Code Section 48-7-86, relating to penalty for failure to pay or for underpayment of income taxes, and inserting in its place a new subsection (g) to read as follows:
*(g)(l) Notwithstanding any other provision of this Code section to the contrary, if:
(A) A joint return has been made for a taxable year; (B) On such return there is an understatement of tax attributable to erroneous items of one individual filing the joint return; (C) The other individual filing the joint return establishes that in signing the return he or she did not know, and had no reason to know, that there was such understatement; (D) Taking into account all the facts and circumstances, it is inequitable to hold the other individual liable for the deficiency in tax for such taxable year attributable to such understatement; and (E) The other individual has made the proper election pursuant to Section 6015 of the Internal Revenue Code, if applicable then the other individual shall be relieved of liability for tax, including interest, penalties, and other amounts, for such taxable year to the extent such liability is attributable to such understatement, if such other individual has been relieved of liability for federal income taxes pursuant to Section 6015 of the Internal Revenue Code, if applicable. (2) The commissioner shall promulgate any rules and regulations necessary to implement and administer this subsection."

____________GEORGIA LAWS 2001 SESSION__________997
SECTION 13. Said title is further amended by striking subparagraph (B) of paragraph (34.3) of Code Section 48-8-3, relating to exemptions from sales and use taxes, and inserting in its place a new subparagraph (B) to read as follows:
'(B) The exemption provided for in this paragraph shall apply to that portion of the sales price of each such part, item of machinery clothing, mold, die, or tool, which does not exceed $150,000.00.'
SECTION 14. Said title is further amended by striking paragraph (42) of Code Section 48-8-3, relating to exemptions, and inserting in its place a new paragraph (42) to read as follows:
"(42) The use by, or lease or rental of tangible personal property to, a person who acquires the property from another person where both persons are under 100 percent common ownership and where the person who furnishes, leases, or rents the property has:
(A) Previously paid sales or use tax on the property; or (B) Been credited under Code Section 48-8-42 with paying a sales or use tax on the property so furnished, leased, or rented, and the tax credited is based upon the fair rental or lease value of the property;".
SECTION 15. Said title is further amended by striking paragraph (68) of Code Section 48-8-3, relating to exemptions, and inserting in its place a new paragraph (68) to read as follows:
"(68)(A) The sale or lease of computer equipment to be incorporated into a facility or facilities in this state to any high-technology company classified under North American Industrial Classification System code 51121,51331, 51333, 51334, 51421, 52232, 54133, 54171, 54172, 334413, 334611, 513321,513322, 514191,541511,541512, 541513, or 541519 where such sale of computer equipment for any calendar year exceeds $15 million, or, in the event of a lease of such computer equipment, the fair market value of such leased computer equipment for any calendar year exceeds $15 million. (B) Any person making a sale or lease of computer equipment to a high-technology company as specified in subparagraph (A) ofthis paragraph shall collect the tax imposed on the sale by this article unless the purchaser furnishes such seller with a certificate issued by the commissioner certifying that the purchaser is entitled to purchase the computer equipment without paying the tax. As a condition precedent to the issuance of the certificate, the commissioner, at such commissioner's discretion, may require a good and valid bond with a surety company authorized to do business in this state as surety or may require legal securities, in an amount fixed by the commissioner, conditioned upon payment by the purchaser of all taxes due under this article in the event it should be determined that the sale fails to meet the requirements of this subparagraph.

998______GENERAL ACTS AND RESOLUTIONS, VOL. I________
(C) As used in this paragraph, the term 'computer equipment' means any individual computer terminal or organized assembly of hardware, including, but not limited to, central processing units and related peripheral equipment such as scanners, printers, electronic data storage devices, memory chips, data transmission equipment, and software products, including operating systems and library and maintenance routines;'.
SECTION 16. Said title is further amended by striking paragraph (69) of Code Section 48-8-3, relating to exemptions, and inserting in its place a new paragraph (69) to read as follows:
"(69) The sale of machinery, equipment, and materials incorporated into and used in the construction or operation of a clean room of Class 100 or less in this state, not to include the building or any permanent, nonremovable component of the building that houses such clean room, provided that such clean room is used directly in the manufacture of tangible personal property in this state;'.
SECTION 17. Said title is further amended by striking subsection (g) of Code Section 48-8-30, relating to imposition of sales and use tax, and inserting in its place a new subsection (g) to read as follows:
'(g) Whenever a purchaser of tangible personal property under subsection (b) or (c.l) of this Code section, a lessee or renter of the property under subsection (d) or (e.l) of this Code section, or a purchaser of taxable services under subsection (f) of this Code section does not pay the tax imposed upon him or her to the retailer, lessor, or dealer who is involved in the taxable transaction, the purchaser, lessee, or renter shall be a dealer himself or herself and the commissioner, whenever he or she has reason to believe that a purchaser or lessee has not so paid the tax, may assess and collect the tax directly against and from the purchaser, lessee, or renter, unless the purchaser, lessee, or renter shows that the retailer, lessor, or dealer who is involved in the transaction has nevertheless remitted to the commissioner the tax imposed on the transaction. If payment is received directly from the purchaser, it shall not be collected a second time from the retailer, lessor, or dealer who is involved.'
SECTION 18. Said title is further amended by striking subsection (h) of Code Section 48-8-67, relating to distribution of certain unidentifiable proceeds, and inserting in its place a new subsection (h) to read as follows:
"(h) The authority of the commissioner to make distributions pursuant to this Code section shall cease on December 31, 2005, unless such authority is extended by a subsequent general Act of the General Assembly.'

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SECTION 19. Said title is further amended by striking Code Section 48-13-53.4, relating to records and books regarding the excise tax on rooms, lodgings, and accommodations, and inserting in its place a new Code Section 48-13-53.4 to read as follows:
'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.'
SECTION 20. (a) Except as otherwise provided in subsection (b) of this section, this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. (b) Sections 5, 6, 7, 8, and 9 of 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, 2001.
SECTION 21. All laws and parts of laws in conflict with this Act are repealed.
Approved April 27, 2001.
GAME AND FISH - SEAFOOD; SHELLFISH.
Code Section 27-4-194 Amended.
No. 303 (Senate Bill No. 38).
AN ACT
To amend Code Section 27-4-194 of the Official Code of Georgia Annotated, relating to the minimum size of shellfish which may be taken for commercial or noncommercial purposes, so as to provide that it shall be unlawful to take or possess clams when the maximum depth of the shell of the clam measures less than three-fourths' inch thickness; 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 27-4-194 of the Official Code of Georgia Annotated, relating to the minimum size of shellfish which may be taken for commercial or noncommercial purposes, is amended by striking in its entirety subsection (b) and inserting in lieu thereof the following:
"(b) It shall be unlawful to take or possess any clam for commercial or recreational purposes when the maximum depth ofthe shell ofthe clam measures less than three-fourths' inch thickness from one shell halfto the other unless prior written approval has been obtained from the department and such approval is on the person of the harvester or person in possession of the clam."
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.
Approved April 27, 2001.
WATERS OF THE STATE, PORTS, AND WATERCRAFT WATERCRAFT; LIFESAVING DEVICES; OPERATION WHEN PRIVILEGE SUSPENDED.
Code Sections 52-7-8 and 52-7-12.6.
No. 304 (Senate Bill No. 48).
AN ACT
To amend Article 1 of Chapter 7 of Title 52 of the Official Code of Georgia Annotated, relating to general provisions relative to the registration, operation, and sale of watercraft, so as to exempt certain types of vessels from certain requirements relating to lifesaving devices; to change the penalty for operating certain vessels after the privilege to do so has been suspended; 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 52 of the Official Code of Georgia Annotated, relating to general provisions relative to the registration, operation, and sale of watercraft, is amended by striking in its entirety paragraph (1) of subsection (d) of Code Section 52-7-8, relating to classifications of vessels and required equipment, and inserting in lieu thereof the following:
"(1) Every vessel shall be equipped with and carry aboard, at all times, at least one Type I, II, III, or V (hybrid) personal flotation device for each person on

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board; provided, however, Type V (hybrid) devices are acceptable only when worn and securely fastened. In addition to the individual personal flotation device, each vessel, except for personal watercraft, as such term is defined in subsection (a) of Code Section 52-7-8.2, canoes, and kayaks, must at all times be equipped with at least one Type IV (throwable) device.*
SECTION 2. Said article is further amended by striking in its entirety subsection (c) of Code Section 52-7-12.6, relating to the terms of suspensions of operating privileges, the return of such privileges; and the operation of vessels when such privileges are suspended, and inserting in lieu thereof the following:
'(c) Any person who operates a vessel or personal watercraft on any of the waters of this state at a time when such person's privilege to do so has been suspended shall be guilty ofa misdemeanor and shall be punished by a fine ofnot less than $500.00 nor more than $ 1,000.00; provided, however, that for a second and each subsequent conviction within a five year period measured from the date of the previous arrest upon which a conviction was obtained to the date of the current arrest, such person shall be guilty of a misdemeanor of a high and aggravated nature and shall be punished by a fine of not less than $1,000.00 nor more than $ 1,500.00. The period suspension of the privilege to operate a vessel on the waters of the state of any person convicted under this subsection shall be extended for an additional six months for each such conviction.'
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.
Approved April 27, 2001.
COURTS - SUPERIOR COURT; CLERKS; DUTIES; RECORDS.
Code Sections 15-6-61 and 15-6-62 Amended. Code Section 15-6-62.1 Enacted.
No. 305 (Senate Bill No. 50).
AN ACT
To amend Article 2 of Chapter 6 of Title 15 of the Official Code of Georgia Annotated, relating to clerks of the superior courts, so as to change the provisions relating to the duties of clerks of the superior courts; to provide for electronic collection and transmission of certain data and the use of and access to such data; to provide for the transmission of certain data to the Superior Court Clerks' Cooperative Authority and the retransmission of such data to the Georgia Crime

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Information Center, the Georgia Courts Automation Commission, and the Administrative Office of the Courts; to authorize the maintenance of records in digital format; to define certain terms; to provide that a clerk of a superior court electing to store records in digital format shall maintain back-up records or shall send copies of such digitally formatted records to the Georgia Department of Archives and History; to provide procedures for such transmittal; to provide for microfilming of certain records; to provide for furnishing of microfilm records and the costs and purchase thereof; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Article 2 of Chapter 6 of Title 15 of the Official Code of Georgia Annotated, relating to clerks of the superior courts, is amended in Code Section 15-6-61, relating to duties of clerks generally, by designating the language of paragraph (17) of subsection (a) as subparagraph (A) and adding a new subparagraph (B) to read as follows:
"(B) To electronically collect and transmit to the Georgia Superior Court Clerks' Cooperative Authority all data elements required in subsection (g) of Code Section 35-3-36 in a form and format required by the Superior Court Clerks' Cooperative Authority and the Council of Superior Court Clerks of Georgia. The electronic collection and transmission of data shall begin no later than January 1,2002. The data transmitted to the authority pursuant to this Code section shall be transmitted to the Georgia Crime Information Center in satisfaction of the clerk's duties under subsection (g) of Code Section 35-3-36 and to the Georgia Courts Automation Commission who shall provide the data to the Administrative Office of the Courts for use of the state judicial branch. Public access to said data shall remain the responsibility of the Georgia Crime Information Center. No release of collected data shall be made by or through the authority;"
SECTION 2. Said article is further amended by striking in its entirety subsection (a) of Code Section 15-6-62, relating to additional duties of clerks of the superior courts, and inserting in lieu thereof the following:
"(a) The clerk of the superior court is required to record all the proceedings relating to any civil action or criminal case within six months after the final determination of the case. Such recording may be in well-bound books, on microfilm, or in digital format. If a clerk elects to record proceedings on microfilm or in digital format, he or she shall make available to the public a machine for reading and reproducing such microfilmed or digitally formatted records. If a clerk elects to record proceedings in digital format, the provisions of Code Section 15-6-62.1 shall apply."

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1003

SECTION 3.
Said article is further amended by inserting immediately following Code Section 15-6-62 a new Code section to read as follows:
'15-6-62.1.
(a) As used in this Code section, the term: (1) 'Back-up record' means a paper or microfilm copy of any record of the proceedings relating to any civil action or criminal case which a clerk of superior court is required to make pursuant to Code Section 15-6-62. (2) 'Council' means the Council of Superior Court Clerks created by Code Section 15-6-50.2. (3) 'Department' means the Georgia Department of Archives and History.
(b) Except as provided in subsection (d) of this Code section, a clerk of a superior court electing to record proceedings in digital format as provided in subsection (a) of Code Section 15-6-62 shall maintain back-up records and must do so in at least one of two ways: either by the clerk permanently retaining the back-up records himself or herself or by submitting the digitally formatted records to and having them permanently archived by the department as set forth in subsection (c) of this Code section. (c) If a clerk of a superior court elects to submit the digitally formatted records to and have them permanently archived by the department pursuant to subsection (b) of this Code section, the clerk shall submit such records at least once every six months and in a format acceptable to the department and the council. Upon receipt, the department shall convert the digitally formatted records to microfilm and shall permanently maintain them in that format. If requested by the clerk of a superior court, the department shall make a copy of these microfilm records available for purchase by the clerk at a fee not to exceed the cost of producing the copies. (d) If at any time the department certifies to the council that the department is not capable of creating the microfilm records from the digitally formatted records and permanently maintaining them as set forth in this Code section, then a clerk of superior court shall permanently maintain the back-up records himself or herself and shall continue to do so until the department certifies that it is capable of creating and permanently maintaining them.*

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

Approved April 27, 2001.

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PENAL INSTITUTIONS - REGISTRATION OF PERSONS CONVICTED OF SEXUAL OFFENSES OR OFFENSES AGAINST MINORS.
Code Sections 42-1-12 and 42-8-62 Amended.
No. 306 (Senate Bill No. 66).
AN ACT
To amend Title 42 of the Official Code of Georgia Annotated, relating to penal institutions, so as to change the provisions relating to registration requirements applicable to certain sex offenders; to change the definitions of certain terms; to provide procedures for registration; to provide for the registration of certain sex offenders convicted in tribal court; to change certain provisions relating to the requirement that sex offenders register with sheriffs; to change certain requirements relating to registration; to require additional information with respect to such registration; to change certain provisions relating to duties of the Georgia Crime Information Center; to change the provisions relating to what effect the discharge of a defendant without adjudication of guilt under laws applicable to first offenders has on a person's civil rights or liberties; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Title 42 of the Official Code of Georgia Annotated, relating to penal institutions, is amended by striking in its entirety Code Section 42-1-12, relating to required registration of certain sex offenders, and inserting in lieu thereof a new Code Section 42-1-12 to read as follows:
"42-1-12. (a) As used in this Code section, the term:
(1) 'Appropriate state official' means: (A) With respect to an offender who is sentenced to probation without any sentence of incarceration in the state prison system or who is sentenced pursuant to Article 3 of Chapter 8 of this title, relating to first offenders, the Division of Probation of the Department of Corrections; (B) With respect to an offender who is sentenced to a period of incarceration in a prison under the jurisdiction of the Department of Corrections and who is subsequently released from prison or placed on probation, the commissioner of corrections or his or her designee; and (C) With respect to an offender who is placed on parole, the chairperson of the State Board of Pardons and Paroles or his or her designee.
(2) 'Board' means the Sexual Offender Registration Review Board. (3) 'Conviction' includes a final judgment of conviction entered upon a verdict or finding of guilty of a crime, a plea of guilty, or a plea of nolo contendere.

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Unless otherwise required by federal law, a defendant who is discharged without adjudication of guilt and who is not considered to have a criminal conviction pursuant to Article 3 of Chapter 8 of this title, relating to first offenders, shall not be subject to the registration requirements of this Code section.
(4)(A) 'Criminal offense against a victim who is a minor' with respect to convictions occurring on or before June 30, 2001, means any criminal offense under Title 16 or any offense under federal law or the laws of another state or territory of the United States which consists of:
(i) Kidnapping of a minor, except by a parent; (ii) False imprisonment of a minor, except by a parent; (iii) Criminal sexual conduct toward a minor; (iv) Solicitation of a minor to engage in sexual conduct; (v) Use of a minor in a sexual performance; (vi) Solicitation of a minor to practice prostitution; or (vii) Any conviction resulting from an underlying sexual offense against a victim who is a minor. (B) 'Criminal offense against a victim who is a minor' with respect to convictions occurring after June 30,2001, means any criminal offense under Title 16 or any offense under federal law or the laws of another state or territory of the United States which consists of: (i) Kidnapping of a minor, except by a parent; (ii) False imprisonment of a minor, except by a parent; (iii) Criminal sexual conduct toward a minor; (iv) Solicitation of a minor to engage in sexual conduct; (v) Use of a minor in a sexual performance; (vi) Solicitation of a minor to practice prostitution; (vii) Use of a minor to engage in any sexually explicit conduct to produce any visual medium depicting such conduct; (viii) Creating, publishing, selling, or distributing any material depicting a minor engaged in sexually explicit conduct; (ix) Transmitting, making, selling, buying, or disseminating by means of a computer any descriptive or identifying information regarding a childfor the purpose of offering or soliciting sexual conduct of or with a child or the visual depicting of such conduct; or (x) Any conduct which, by its nature, is a sexual offense against a minor. (C) For purposes of this paragraph, conduct which is criminal only because of the age of the victim shall not be considered a criminal offense if the perpetrator is 18 years of age or younger. (5) 'Mental abnormality' means a congenital or acquired condition of a person that affects the emotional or volitional capacity of the person in a manner that predisposes that person to the commission of criminal sexual acts to a degree that makes the person a menace to the health and safety of other persons.

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(6) 'Predatory' means an act directed at a stranger or a person with whom a relationship has been established or promoted for the primary purpose of victimization. (7) 'Sexually violent offense' means a conviction for violation of Code Section 16-6-1, relating to rape; Code Section 16-6-2, relating to aggravated sodomy; Code Section 16-6-4, relating to aggravated child molestation; or Code Section 16-6-22.2, relating to aggravated sexual battery; or an offense that has as its element engaging in physical contact with another person with intent to commit such an offense; or a conviction in a federal court, military court, tribal court, or court of another state or territory for any offense which under the laws of this state would be classified as a violation of a Code section listed in this paragraph. (8) 'Sexually violent predator' means a person who has been convicted on or after July 1, 1996, of a sexually violent offense and who suffers from a mental abnormality or personality disorder or attitude that places the person at risk of perpetrating any future predatory sexually violent offenses.
(b)( 1 )(A)(i) On and after July 1, 1996, a person who is convicted of a criminal offense against a victim who is a minor or who is convicted of a sexually violent offense shall register within ten days after his or her release from prison or placement on parole, supervised release, or probation his or her name and current address; place of employment, if any; the crime of which convicted; school address, if any; and the date released from prison or placed on parole, supervised release, or probation with the appropriate sheriffs office as specified in subsection (c) of this Code section in the county where such person will reside for the time period specified in subsection (g) of this Code section. (ii) A person who has previously been convicted of a criminal offense against a victim who is a minor or who has previously been convicted of a sexually violent offense and who is released from prison or placed on parole, supervised release, or probation on or after July 1, 1996, shall register within ten days after such release or placement his or her name and current address; place of employment, if any; the crime of which convicted; school address, if any; and the date released from prison or placed on parole, supervised release, or probation with the appropriate sheriffs office as specified in subsection (c) of this Code section in the county where such person will reside for the time period specified in subsection (g) of this Code section. (iii) On and after July 1, 1999, any resident of Georgia who is convicted under the laws of another state or territory, under the laws of the United States, under the Uniform Code of Military Justice, or in a tribal court of a sexually violent offense or a criminal offense against a victim who is a minor shall register within ten days after his or her release from prison or placement on parole, supervised release, or probation. The information such an offender is required to register shall include his or her name and current address; place of employment, if any; the crime of which

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convicted; school address, if any; and the date released from prison or placed on parole, supervised release, or probation. Such an offender shall register with the appropriate sheriffs office as specified in subsection (c) of this Code section in the county where such person will reside for the time period specified in subsection (g) of this Code section. (B) A person who is a sexually violent predator shall register within ten days after his or her release from prison or placement on parole, supervised release, or probation the information required under subparagraph (A) ofthis paragraph with the appropriate sheriffs office as specified in subsection (c) of this Code section in the county where such person will reside. The sheriff may prepare a list of such sexual predators providing each person's name, address, and photograph. The sheriff shall update the list periodically and may post such list in a prominent and visible location in the sheriffs office and each city hall or primary administration building of every incorporated municipality within the county. Such list shall also be made available upon request to any public or private elementary, secondary, or postsecondary school or educational institution located in the county. (2)(A) Upon a determination that an offender is guilty of a sexually violent offense, the court may request a report from the Sexual Offender Registration Review Board as to the likelihood that the offender suffers from a mental abnormality or personality disorder that would make the person likely to engage in a predatory sexually violent offense. The report shall be requested as a matter of course for any offender with a history of sexually violent offenses. The court shall provide the Sexual Offender Registration Review Board with any information available to assist the board in rendering an opinion. The board shall have 60 days from receipt ofthe court's request to respond with its report. After receiving a recommendation from the Sexual Offender Registration Review Board that a convicted sexually violent offender be classified as a sexually violent predator, the sentencing court shall so inform the offender and shall set a date to conduct a hearing affording the offender the opportunity to present testimony or evidence relevant to the recommended classification. After the hearing and within 60 days of receiving the report, the court shall issue a ruling as to whether or not the offender shall be classified as a sexually violent predator. If the court determines the offender to be a sexually violent predator, such fact shall be communicated in writing to the appropriate state official and to the Georgia Bureau of Investigation. (B) The Sexual Offender Registration Review Board shall be composed of three professionals licensed under Title 43 and knowledgeable in the field ofthe behavior and treatment of sexual offenders; at least one representative from a victims' rights advocacy group or agency and at least one representative from a law enforcement agency who is certified as a peace officer under Title 3 5. The members of such board shall be appointed by the commissioner of human resources for terms of four years. Members of the board shall take office on the first day of September immediately following

1008_____GENERAL ACTS AND RESOLUTIONS, VOL. I_______
the expired term of that office and shall serve for a term of four years and until the appointment oftheir respective successors. No member shall serve on the board more than two consecutive terms. Vacancies occurring on the board, other than those caused by expiration of a term of office, shall be filled in the same manner as the original appointment to the position vacated for the remainder of the unexpired term and until a successor is appointed. Members shall be entitled to an expense allowance and travel cost reimbursement the same as members of certain other boards and commissions as provided in Code Section 45-7-21. (C) The Sexual Offender Review Board shall be attached to the Department of Human Resources for administrative purposes and provided there is adequate funding provided shall:
(i) Exercise its quasi-judicial, rule-making, or policy-making functions independently of the department and without approval or control of the department; (ii) Prepare its budget, if any, and submit its budgetary requests, if any, through the department; and (iii) Hire its own personnel if authorized by the Constitution of this state or by statute or if the General Assembly provides or authorizes the expenditure of funds therefor. (3)(A) If a person who is required to register under this Code section is released from prison or placed on parole, supervised release, or probation, the appropriate state official shall: (i) Inform the person of the duty to register and obtain the information required under subparagraph (A) of paragraph (1) of this subsection for such registration; (ii) Inform the person that, if the person changes residence address, employment address, or school address, the person shall give the new address to the sheriff or sheriffs with whom the person last registered, not later than ten days after the change of address. Following such notification, the sheriffs office shall notify immediately the Georgia Bureau of Investigation through the Criminal Justice Information System (CJIS) of each change of address; (iii) Inform the person that the person must register in any state where the person is employed or carries on a vocation or is a student; (iv) Inform the person that, if the person changes residence to another state, the person shall register the new address with the sheriff or sheriffs with whom the person last registered, and that the person shall also register with a designated law enforcement agency in the new state not later than ten days after establishing residence in the new state; (v) Obtain fingerprints and a photograph ofthe person if such fingerprints and photograph have not already been obtained in connection with the offense that triggered the initial registration; and (vi) Require the person to read and sign a form stating that the duty ofthe person to register under this Code section has been explained. A copy of

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this form and any other registration information furnished by the Department of Corrections shall be forwarded to the Georgia Bureau of Investigation. (B) In addition to the requirements of subparagraph (A) of this paragraph, for a person required to register under subparagraph (B) of paragraph (1) of this subsection, the appropriate state official shall obtain the name of the person; descriptive physical and behavioral information to assist law enforcement personnel in identifying the person; known current or proposed residence addresses of the person; place of employment, if any; offense history of the person; and documentation of any treatment received for any mental abnormality or personality disorder ofthe person; provided, however, that the appropriate state official shall not be required to obtain any information already on the criminal justice information system of the Georgia Crime Information Center. (C) The Georgia Crime Information Center shall create criminal justice information system network transaction screens by which appropriate state officials shall enter original data required by this Code section including residence address, school address, and employment address. Screens shall also be created for sheriffs' offices for the entry of record confirmation data; employment; changes of residence, school, or employment; or other pertinent data and to assist in offender identification. (D) Any person changing residence from another state or territory of the United States to Georgia who is required to register under federal law or the laws of another state, territory, or tribal authority or who has been convicted of an offense in another state, territory, or tribal authority which would require registration under this Code section if committed in this state shall comply with the registration requirements ofthis Code section. Such person shall register the new address and employment information with the appropriate sheriff of the county as specified in subsection (c) of this Code section not later than ten days after the date of establishing residency in this state. Upon the person's registration with the sheriff of the county of new residence, the sheriff or his or her designee shall forward the registration information to the Georgia Bureau of Investigation. The sheriff or his or her designee shall obtain any needed information concerning the registrant, including fingerprints and a photograph ofthe person ifsuch fingerprints and photograph have not previously been obtained within the State of Georgia. In addition, the sheriff or his or her designee shall inform the person of the duty to report any change of address as otherwise required in this Code section. The Georgia Bureau of Investigation shall forward such information in the manner described in subsection (c) of this Code section. (E) The following persons are also required to register: (i) Any nonresident who enters this state for the purpose of employment for a period exceeding 14 consecutive days or for an aggregate period of time exceeding 30 days during any calendar year and who is required to register under federal law, military law, tribal law, or the laws of another

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state or territory, which, based on an act, would require registration under this Code section; or (ii) Any nonresident who enters this state for the purpose of attending school as a full-time or part-time student and who is required to register under federal law, military law, tribal law, or the laws of another state or territory, which, based on an act, would require registration under this Code section. Any person required to register by this subparagraph shall not later than ten days after the person enters the state register with the sheriff of the county of his or her temporary address, with the sheriff of the county of his or her employment, and with the sheriff of the county in which the person is attending school. The information registered shall include the person's temporary address, permanent address in the person's state of residence, employment address, or school address. Upon the person's registration, the sheriff or the sheriffs designee shall forward the registration information to the Georgia Bureau of Investigation. The sheriff or the sheriffs designee shall obtain the fingerprints and photograph of the person, if the person's fingerprints and photograph have not previously been obtained in Georgia. The sheriff or the sheriffs designee shall inform the person of his or her duty to report any change in temporary residence, permanent residence, employment address, or school address. (c) The appropriate state official shall, within three days after receipt of information described in paragraph (3) of subsection (b) of this Code section, forward such information to the Georgia Bureau of Investigation. Once the data is entered into the criminal justice information system by the appropriate state official or sheriff, the Georgia Crime Information Center, where appropriate, shall immediately notify the sheriff of the person's county of residence, either permanent or temporary, the sheriffofthe county ofemployment, and the sheriff of the county where the person attends school. The Georgia Bureau of Investigation shall also immediately transmit the conviction data and fingerprints to the Federal Bureau of Investigation. It shall be the duty of the sheriff of each county within this state to maintain a register of the names and addresses of all registered offenders within the sheriffs jurisdiction whose names have been provided by the Georgia Bureau of Investigation to the sheriff under this Code section. The Georgia Bureau of Investigation shall establish operating policies and procedures concerning record ownership, quality, verification, modification, and cancellation and shall perform mail out and verification duties on a quarterly basis. The Georgia Bureau of Investigation shall send each month criminal justice information system network messages to sheriffs listing offenders due for verification. The bureau shall also create a photo image file from original entries and provide such entries to sheriffs to assist in offender identification and verification. (d)(l) For a person required to register under subparagraph (b)(l)(A) of this Code section, on each anniversary of the person's initial registration date

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during the period in which the person is required to register under this Code section, the following applies:
(A) The Georgia Bureau of Investigation shall mail a nonforwardable verification form to the last reported address of the person; (B) The person shall be required as a condition of parole or probation to respond directly to the sheriff within ten days after receipt of the form; (C) The verification form stating that the person still resides at the address last reported to the Georgia Bureau of Investigation shall be signed by the person and retained by the sheriff; and (D) If the person fails to respond directly to the sheriff within ten days after receipt of the form, the person shall be in violation of this Code section. (2) The provisions of paragraph (1) of this subsection shall be applied to a person required to register under subparagraph (b)(l)(B) of this Code section, except that such person must verify the registration every 90 days after the date of the initial release on probation by the court or the initial release by the Department of Corrections or commencement of parole. (e) A change of address by a person required to register under this Code section reported to the Georgia Bureau of Investigation shall be immediately reported to the sheriff of the county where the person resides as set forth in subparagraph (b)(3)(E) of this Code section. The Georgia Bureau of Investigation shall, if the person changes residence to another state, notify the law enforcement agency with which the person must register in the new state. (f) A person who has been convicted of an offense which requires registration under this Code section shall register the new address with a designated law enforcement agency in another state to which the person moves not later than ten days after such person establishes residence in the new state if the new state has a registration requirement. (g) A person required to register under subparagraph (b)( 1 )(A) of this Code section shall continue to comply with this Code section, except during ensuing periods of incarceration, until: (1) Ten years have elapsed since the person was released from prison or placed on parole, supervised release, or probation; or (2) For the life of that person if that person: (A) Has one or more prior convictions for an offense described in subparagraph (a)(4)(A) and paragraph (7) of subsection (a) of this Code section; (B) Has been convicted of an aggravated offense described in paragraph (7) of subsection (a) of this Code section; or (C) Has been determined to be a sexually violent predator pursuant to subparagraph (b)(2)(A) of this Code section. (h) Any person who is required to register under this Code section and who fails to comply with the requirements of this Code section or who provides false information shall be guilty of a misdemeanor; provided, however, that upon the conviction of the second or subsequent offense under this subsection, the defendant shall be guilty of a felony and shall be punished by imprisonment for

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not less than one nor more than three years or by a fine in an amount of up to $100,000.00, or both. (i) The information collected under the state registration program shall be treated as private data except that:
(1) Such information may be disclosed to law enforcement agencies for law enforcement purposes; (2) Such information may be disclosed to government agencies conducting confidential background checks; (3) The Georgia Bureau of Investigation or any sheriff maintaining records required under this Code section shall release relevant information collected under this Code section that is necessary to protect the public concerning those persons required to register under this Code section, except that the identity of a victim of an offense that requires registration under this Code section shall not be released. In addition to any other notice that may be necessary to protect the public, nothing in this Code section shall prevent any sheriff from posting this information in any public building in addition to those locations enumerated in subparagraph (b)(l)(B) of this Code section; and (4) It shall be the responsibility of the sheriff maintaining records required under this Code section to enforce the criminal provisions of this Code section. The sheriff may request the assistance of the Georgia Bureau of Investigation upon his or her discretion. (j) Law enforcement agencies, employees of law enforcement agencies, members of the Sexual Offender Registration Review Board, and state officials shall be immune from liability for good faith conduct under this Code section, (k) The provisions of this Code section shall be in addition to and not in lieu of the provisions of Code Section 42-9-44.1, relating to conditions for parole of sexual offenders. (1) The Board of Public Safety is authorized to promulgate rules and regulations necessary for the Georgia Bureau of Investigation and the Georgia Crime Information Center to implement and carry out the provisions of this Code section."
SECTION 2. Said title is further amended by striking in its entirety subsection (a) of Code Section 42-8-62, relating to discharge of defendant without adjudication of guilt with respect to certain first offenders, and inserting in lieu thereof a new subsection (a) to read as follows:
'(a) Upon fulfillment of the terms of probation, upon release by the court prior to the termination of the period thereof, or upon release from confinement, the defendant shall be discharged without court adjudication of guilt. Except for the registration requirements under the state sexual offender registry, the discharge shall completely exonerate the defendant of any criminal purpose and shall not affect any of his or her civil rights or liberties; and the defendant shall not be considered to have a criminal conviction. It shall be the duty ofthe clerk ofcourt

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to enter on the criminal docket and all other records of the court pertaining thereto the following:
'Discharge filed completely exonerates the defendant of any criminal purpose and shall not affect any of his or her civil rights or liberties, except for registration requirements under the state sexual offender registry; and the defendant shall not be considered to have a criminal conviction. O.C.G.A. 42-8-62.' Such entry shall be written or stamped in red ink, dated, and signed by the person making such entry or, if the docket or record is maintained using computer print-outs, microfilm, or similar means, such entry shall be underscored, boldface, or made in a similar conspicuous manner and shall be dated and include the name of the person making such entry. The criminal file, docket books, criminal minutes and final record, and all other records ofthe court relating to the offense of a defendant who has been discharged without court adjudication of guilt pursuant to this subsection shall not be altered as a result of that discharge, except for the entry of discharge thereon required by this subsection, nor shall the contents thereof be expunged or destroyed as a result of that discharge.'
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.
Approved April 27, 2001.
GAME AND FISH - VARIOUS PROVISIONS.
Code Title 27 Amended.
No. 307 (Senate Bill No. 83).
AN ACT
To amend Title 27 of the Official Code of Georgia Annotated, the "Game and Fish Code," so as to change certain definitions; to assent to certain federal laws; to provide for the use of certain funds; to change certain provision relative to hunting, trapping, and fishing in certain public areas; to establish criminal violations of certain rules and regulations; to repeal certain provisions relative to lifetime sportsman's licenses; to provide for the sale of hunting, fishing, and trapping licenses by telephone and over the Internet; to exempt certain minors hunting under the supervision of an adult from hunter education course requirements; to change certain provisions relative to who is required to have a license to hunt or fish in certain circumstances; to provide that nonresidents shall be required to possess a hunting license to hunt big game; to permit hunting with recurve bows under certain conditions; to provide for certain protection from civil liability; to require certain

1014_____GENERAL ACTS AND RESOLUTIONS, VOL. I_______
clothing for bear hunters during firearms and primitive weapons season; to provide for relevant matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION L Title 27 of the Official Code of Georgia Annotated, the "Game and Fish Code," is amended by striking in their entirety paragraphs (39) and (60) of Code Section 27-1-2, relating to definitions relative to such title, and inserting in lieu thereof, respectively, the following:
"(39) 'Hunting' means pursuing, shooting, killing, taking, or capturing wildlife or feral hogs. This term also includes acts such as placing, setting, drawing, or using any device used to take wildlife or feral hogs, whether any such act results in taking or not, and includes every act of assistance to any person in taking or attempting to take such wildlife or feral hogs." "(60) 'Resident' means any citizens of the United States who has been domiciled within the State of Georgia for a period of at least three months. For purposes of issuing or procuring the noncommercial hunting and fishing licenses required by this title, residents shall include full-time military personnel on active duty who list Georgia as their home of record in their official military files or who are stationed at a military base located in Georgia and the dependents of such military personnel.'
SECTION 2. Said title is further amended by striking in its entirety Code Section 27-1-10, relating to assent to federal law respecting wildlife restoration and fish restoration projects, and inserting in lieu thereof the following:
"27-1-10. The State of Georgia assents to the provisions of P.L. 75-415 and P.L. 81-681. The department is authorized, empowered, and directed to perform such acts as may be necessary to establish and conduct cooperative wildlife restoration projects as defined in P.L. 75-415, cooperative fish restoration projects as defined in P.L. 81-681, and wildlife conservation and restoration programs, wildlife conservation education, and wildlife associated recreation projects as defined in P.L. 106-553, as well as the regulations promulgated under those federal acts. No funds accruing to the state from license fees paid by hunters or fishermen or interest thereon shall be diverted for any purpose other than the administration of the department and for the study, protection, preservation, restoration, or propagation offish and wildlife in this state."
SECTION 3. Said title is further amended by striking in its entirety subsection (c) of Code Section 27-1-13, relating to the disposition of certain funds, and inserting in lieu thereof the following:

_____________GEORGIA LAWS 2001 SESSION__________1Q15
"(c) Notwithstanding any other law to the contrary, the department is authorized to retain all miscellaneous funds generated by the operation of its wildlife management areas and refuges, its public fishing areas, and its wildlife, hunter, and boating education programs for use in the operation and maintenance of those areas, refuges, and programs. Any such funds not expended for this purpose in the fiscal year in which they are generated shall be deposited in the state treasury. Nothing in this Code section shall be construed so as to allow the department to retain any funds required by the Constitution of Georgia to be paid into the state treasury. The department shall comply with all provisions of Code Section 45-5-7, Parts 1 and 2 of Article 4 of Chapter 12 of Title 45, the 'Budget Act,' except Code Section 45-12-92, prior to expending any such miscellaneous funds.*
SECTION 4. Said title is further amended by striking in its entirety subsection (a) of Code Section 27-1-33, relating to noncompliance with laws while on a fishing area, fish hatchery, natural area, and wildlife management area and hunting without a wildlife management area stamp, and inserting in lieu thereof the following:
"(a) It shall be unlawful to enter upon or to hunt, trap, or fish on any public fishing area, fish hatchery, or natural area, or wildlife management area owned or operated by the department except in compliance with all applicable laws and all rules and regulations promulgated by the board including, but not limited to, any law, rule, or regulation relating to seasons or bag limits or requiring a special permit. Further, it shall be unlawful for any person except those specifically excluded by law to hunt on a wildlife management area without a valid wildlife management area license as authorized by Code Section 27-2-23."
SECTION 5. Said title is further amended by striking in its entirety Code Section 27-1-39, relating to rules and regulations used to establish criminal violations, and inserting in lieu thereof the following:
'27-1-39.
Notwithstanding any other law to the contrary, for purposes of establishing criminal violations of the rules and regulations promulgated by the Board of Natural Resources as provided in this title, the terms 'rules' and 'regulations' shall mean those rules and regulations of the Board of Natural Resources in force and effect on July 1,2001."
SECTION 6. Said title is further amended by striking in its entirety Code Section 27-2-2, relating to the issuance and sale of hunting, fishing, and trapping licenses and related matters, and inserting in lieu thereof the following:
"27-2-2.
(a) Hunting, fishing, and trapping licenses shall be issued and sold by the department on forms containing such information as may be prescribed by the

1016_____GENERAL ACTS AND RESOLUTIONS, VOL. I_______
department. As used in this Code section, the term 'license' shall include all permits, licenses, or stamps issued by the department under Code Section 27-2-23. Licenses for hunting and fishing may be sold in each county by persons approved by the department to be license agents. (b) Each license agent may be required to:
(1) Remit to the department a premium which shall entitle him or her to coverage under a blanket performance bond provided by the department. The premium, which may include the reasonable cost of administering a self-insurance program, shall be in an amount determined by the commissioner, and shall be due and payable annually upon billing by the department; (2) Account for all license sales and the monetary receipts from such sales in reports to the department, which reports shall be on a schedule and in a form specified by the written agreement between the license agent and the department. Failure to remit license sales receipts as specified in the agreement may result in suspension of the license agent's ability to sell licenses; and (3) Receive for himself or herself no more than 600 for each license issued, except for nonresident hunting licenses and resident sportsman licenses, for which the license agent may receive $ 1.25 for each license issued, and except for licenses sold by telephone by an approved telephone license agent or over the Internet by an approved Internet license agent, for which the agent may charge and receive up to $5.00 per transaction in addition to the actual cost of the license or licenses sold during the transaction; provided, however, that neither the telephone license agent nor the Internet license agent shall receive any additional fee per license sold during a telephone or Internet transaction; provided, further, that the sale of one or more licenses to one applicant during one telephone call or one Internet session shall constitute a single transaction. (b. 1) Any person who applies to be a license agent after June 30, 1998, shall be assessed a fee not to exceed the fair market cost of automated licensing equipment the department shall install in such agent's place of business. Such fees shall be due and payable upon installation of the automated equipment. * (c) The commissioner may either purchase a blanket performance bond for the department's license agents from or through the Department of Administrative Services or any other source or establish a self-insurance bond by retaining all moneys paid to the department for the premium established pursuant to subsection (b) of this Code section, all moneys received as interest, and nonappropriated funds received from other sources to establish and maintain a reserve fund for the purpose of making payments to the department upon the defalcations of license agents and defraying the expenses necessary to administer the program; provided, however, that no revenue collected from taxes, fees, and assessments for state purposes shall be deposited in such fund. The commissioner shall invest any such moneys in the same manner as other moneys in his or her possession. The commissioner is authorized, in his or her discretion,

_____________GEORGIA LAWS 2001 SESSION__________1017
to contract for any or all of the services necessary to carry out the functions enumerated in this Code section. (d) Prior to selling any license, except for a license sold over the telephone by an approved telephone license agent or over the Internet by an approved Internet license agent, each license agent shall require each person desiring to purchase a license to display a driver's license or equally reliable identification of the individual and the current residence and age of such individual. In the event the department determines that a license agent has intentionally or negligently sold a resident license to a person who is a nonresident or who is underage, the department may immediately withdraw the authority of such license agent to issue and sell licenses on behalf of the department, provided that the department shall not withdraw the license agent's authority until the license agent has been given ten days' written notice of intention to withdraw authority setting forth the reason or reasons for the withdrawal and giving the license agent a hearing in the county of said agent's residence on the reasons for withdrawal.*
SECTION 7. Said title is further amended by striking in their entirety subsections (a) and (d) of Code Section 27-2-3.1, relating to archery and primitive weapons hunting licenses, all weapons hunting licenses, sportsman licenses, and related matters, and inserting in their respective places the following:
*(a) Persons hunting during any archery season or primitive weapons season must purchase a primitive weapons license, unless otherwise provided by this title.' *(d) All licenses, stamps, or permits for noncommercial hunting and fishing privileges must be attached to or printed on a form provided by the department which must include the applicant's name, address, date of birth, and hunter safety certification number; provided, however, that each such item of information may be, but is not required to be, printed on lifetime licenses.'
SECTION 8. Said title is further amended by striking in its entirety Code Section 27-2-5, relating to required hunter education programs, and inserting in lieu thereof the following:
'27-2-5.
(a) It shall be unlawful for any person born on or after January 1, 1961, to procure a hunting license or to hunt by means of weapons in this state unless that person has been issued a certificate or other evidence the department deems acceptable which indicates satisfactory completion of a hunter education course as prescribed by the board. Persons ages 16 through 25 shall provide such certificate or other evidence to the issuing agent at the time of purchase of a hunting license. All persons required by this subsection to complete a hunter education course, by signing such license, by receiving a temporary license identification number, or by receiving a license from a telephone license agent, Internet license agent, or other vendor, shall certify their compliance with this subsection.

1018_____GENERAL ACTS AND RESOLUTIONS, VOL. I________
(b) It shall be unlawful for any person authorized to issue hunting licenses in this state to issue a hunting license to any person age 16 through 25 unless that license agent shall have been provided with a certificate showing the license applicant has satisfactorily completed a hunter education course as prescribed by the board, or to any other person born on or after January 1, 1961, unless such person provides such other evidence of completion of a hunter education course as the department deems acceptable. Internet and telephone license agents may accept a valid hunter education certificate number as fulfillment of this requirement. (c) It shall be unlawful for any person age 16 through 25 who is not required by law to obtain a hunting license to hunt in this state unless that person carries on his or her person while hunting a certificate attesting to that person's satisfactory completion of a hunter education course as prescribed by the board. Such person shall present his or her certificate to a conservation ranger or deputy conservation ranger for inspection upon demand. (d) Any person who is age 12 through 15 shall satisfactorily complete a hunter education course as a prerequisite to hunting with a weapon in this state. It shall be unlawful for any adult to permit his or her child or ward age 12 through 15 to hunt with a weapon unless the child has a certificate attesting to his or her satisfactory completion of such course on his or her person; provided, however, that a hunter education course is not required for a child age 12 through 15 years who is hunting under adult supervision by a licensed adult hunter. (e) Any person applying for a season nonresident hunting license may provide a certificate of completion or such other evidence of completion the department deems acceptable of the official hunter education or hunter safety course of such person's state of residence if that course shall have been approved by the department. Those persons applying for a hunting license other than a season hunting license shall not be required to exhibit such a certificate or to complete a hunter education course in order to obtain the license. (f) By rule or regulation, the board shall prescribe a course of instruction in competency and safety in hunting and in the handling of weapons. The board shall also prescribe procedures whereby competent residents ofthis state shall be certified as hunter education instructors. The board may provide, by rule or regulation, for charging reasonable fees for the issuance by the department of duplicate certificates of completion of a hunter education course and for hunter education courses in order to defray the expenses of conducting such courses. Any such fees shall be deemed as 'other income' of the department for purposes of subsection (c) of Code Section 27-1-13. (g) Any person violating any provision of this Code section shall be guilty of a misdemeanor; provided, however, that this subsection shall not apply to any person under the age of 16. (h) The requirements of subsections (c) and (d) of this Code section shall not apply to any person hunting on his or her own land or that of his or her parents or legal guardian or to persons permitting a child or ward aged 12 through 15 years to hunt on the parent's or guardian's own land.*

____________GEORGIA LAWS 2001 SESSION__________1019
SECTION 9. Said title is further amended by striking in its entirety Code Section 27-2-6, relating to trout stamps, official Georgia waterfowl stamps, and big game licenses, and inserting in lieu thereof the following:
'27-2-6.
(a) It shall be unlawful for any person who has attained the age of 16 years to fish for or possess mountain trout or to fish in any waters designated as trout waters or trout streams pursuant to Code Section 27-4-51 unless such person has in his or her possession a trout license in addition to his or her fishing license. (b) It shall be unlawful for any person who has attained the age of 16 years to hunt or possess big game unless such person has in his or her possession a big game license in addition to the required hunting license; provided, however, that all nonresidents, regardless of age, must possess a nonresident hunting license along with any harvest records required by law or regulation to hunt big game in this state. (c) It shall be unlawful for any person who has attained the age of 16 years to hunt ducks, geese, or swans unless such person has in his or her possession an official Georgia waterfowl license in addition to the required hunting license. (d) No resident of this state shall be required to obtain a trout license, official Georgia waterfowl license, or big game license to hunt, fish, or trap on premises owned by him or her or his or her immediate family. (e) Any visitor to a state park, whether a resident or nonresident of Georgia, shall not be required to purchase a trout license when fishing in impounded waters on lands owned or leased by the department."
SECTION 10. Said title is further amended by striking in its entirety subsection (a) of Code Section 27-2-20, relating to federal migratory bird hunting and conservation stamps and participation in federal Migratory Bird Harvest Information Program, and inserting in lieu thereof the following:
'(a) It shall be unlawful for any person 16 years of age or older to hunt brant, ducks, geese, and swans in this state without a federal migratory bird hunting and conservation stamp."
SECTION 11. Said title is further amended by striking in its entirety subsection (e) of Code Section 27-3-1, relating to a requirement of permission to hunt on lands of another, such written permission, enforcement, and immunity of the landowner from civil liability, and inserting in lieu thereof the following:
"(e) Any owner of land, lessee of land, or lessee of the game or fishing rights to land who gives permission to another person to hunt, fish, or take wildlife upon the land with or without charge shall be entitled to the same protection from civil liability provided by Article 2 of Chapter 3 of Title 51 for landowners who allow the public to use their land for recreational purposes without charge."

1020_____GENERAL ACTS AND RESOLUTIONS, VOL. I________
SECTION 12. Said title is further amended by striking in their entirety paragraphs (1), (2), (3), (4), and (7) of Code Section 27-3-4, relating to legal weapons for hunting wildlife generally, and inserting in lieu thereof, respectively, the following:
'(1) Longbows, recurve bows, and compound bows may be used for taking small game or big game. Arrows for hunting deer must be broadhead type; (2) During primitive weapon hunts or primitive weapons seasons, longbows, recurve bows, compound bows, muzzleloading firearms of .44 caliber or larger with iron sights only and without telescopic sights and muzzleloading shotguns of 20 gauge or larger loaded with single shot may be used; (3) Firearms for hunting deer, bear, and feral hogs are limited to 20 gauge shotguns or larger shotguns loaded with slugs or buckshot (except that no buckshot is permitted on state wildlife management areas unless otherwise specified), muzzleloading firearms of .44 caliber or larger, and rifles using any center-fire cartridge .22 caliber or larger; provided, however, that firearms for hunting feral hogs, other than those weapons specified in this paragraph, may be authorized by rule or regulation of the board. Handguns capable of delivering at least 500 foot-pounds of energy at a distance of 100 yards may be used for hunting deer, bear, or feral hogs. Bullets used in all rifles and handguns must be of the expanding type; (4) Weapons for hunting small game shall be limited to shotguns with shot shell size of no greater than 3 14 inches in length with No. 2 lead shot or smaller or federally approved nontoxic shot size of F or smaller shot, .22 rimfire firearms, muzzleloading firearms, longbows, recurve bows, and compound bows; provided, however, that nothing contained in this paragraph shall permit the taking of protected species;" "(7) It shall be unlawful to hunt turkey with any weapons except shotguns using No. 2 shot or smaller, muzzleloading firearms, longbows, recurve bows, or compound bows. Any person taking turkey in violation of this paragraph shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished as for a misdemeanor, except that a fine imposed for such violation shall not be less than $250.00;"
SECTION 13. Said title is further amended by striking in its entirety Code Section 27-3-25, relating to hunting bears and required outer garments, and inserting in lieu thereof the following:
"27-3-25.
It shall be unlawful for any person to hunt bears or for any person to accompany another person hunting bears unless each person shall wear a total of at least 500 square inches of daylight fluorescent orange material as an outer garment during firearms and primitive weapons seasons. Such clothing must be worn above the waistline and may include a head covering."

____________GEORGIA LAWS 2001 SESSION__________1021
SECTION 14. All laws and parts of laws in conflict with this Act are repealed.
Approved April 27, 2001.
MOTOR VEHICLES AND TRAFFIC - LICENSE PLATES; AUTHENTIC HISTORICAL GEORGIA LICENSE PLATES; ROADSIDE ENHANCEMENT AND BEAUTIFICATION FUND LICENSE PLATES.
Code Sections 32-6-75.2 and 40-2-41.1 Amended. Code Section 40-2-49.2 Enacted.
No. 308 (Senate Bill No. 97).
AN ACT
To amend Part 2 of Article 3 of Chapter 6 of Title 32 of the Official Code of Georgia Annotated, relating to the state highway system, so as to change the definition of "authentic historical Georgia license plate"; to change the provisions relating to vehicles which may display such license plates; to provide that with respect to the Roadside Enhancement and Beautification Fund, the Department of Transportation may, without limitation, promote and solicit voluntary contributions, promote the sale of motor vehicle license tags authorized under Code Section 40-2-49.2, and develop any fund raising or other promotional techniques deemed appropriate by such department; to amend Article 2 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to registration and licensing of motor vehicles generally, so as to provide for a special and distinctive wildflower license plate to promote the conservation of wildflowers within the state and to promote and financially benefit the Roadside Enhancement and Beautification Fund; to provide for the issuance of wildflower motor vehicle license plates; to provide that funds derived from the sale of wildflower motor vehicle license plates shall be transferred to the Department of Transportation to be deposited in the Roadside Enhancement and Beautification Fund; to provide that wildflower motor vehicle license plates may be transferred from one vehicle to another vehicle in accordance with certain provisions of law; to provide procedures; to provide for rules and regulations; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

1022_____GENERAL ACTS AND RESOLUTIONS, VOL. I________
SECTION 1. Part 2 of Article 3 of Chapter 6 of Title 32 of the Official Code of Georgia Annotated, relating to the state highway system, is amended by striking in its entirety Code Section 32-6-75.2, relating to the Roadside Enhancement and Beautification Fund, and inserting in lieu thereof a new Code Section 32-6-75.2 to read as follows:
'32-6-75.2.
There is established a special fund to be known as the 'Roadside Enhancement and Beautification Fund.' This fund shall consist of all moneys collected under Code Section 32-6-75.3, any appropriations by the General Assembly to the fund, revenues derived from the sale of any special and distinctive wildflower motor vehicle license plates issued pursuant to Code Section 40-2-49.2, any contributions to the fund from any other source, and all interest thereon. All moneys collected under Code Section 32-6-75.3 and manufacturing fees for any special and distinctive wildflower motor vehicle license plates shall be paid into the fund. All balances in the fund shall be deposited in an interest-bearing account identifying the fund and shall be carried forward each year so that no part thereof may be deposited in the general treasury. The department shall administer the fund and expend moneys held in the fund in furtherance of roadside enhancement and beautification projects along public roads in this state and administration of the tree and vegetation trimming permit program under Code Section 32-6-75.3. In addition to the foregoing, the department may, without limitation, promote and solicit voluntary contributions, promote the sale of motor vehicle license tags authorized under Code Section 40-2-49.2, and develop any fund raising or other promotional techniques deemed appropriate by the department. Contributions to the fund shall be deemed supplemental to and shall in no way supplant funding that would otherwise be appropriated for these purposes. The department shall prepare, by February 1 of each year, an accounting of the funds received and expended from the fund. The report shall be made available to the members of the State Transportation Board, the Senate Transportation Committee, the Transportation Committee of the House of Representatives, and to members of the public on request."
SECTION 2. Article 2 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to registration and licensing of motor vehicles generally, is amended by striking subsections (a) and (b) Code Section 40-2-41.1, relating to authentic historical Georgia license plates, and inserting in their place the following:
*(a) As used in this Code section, the term 'authentic historical Georgia license plate' means a license plate originally issued in the year 1957 or earlier and originally required to be displayed on motor vehicles operated upon the streets and highways of this state in the year 1957 or earlier pursuant to former motor vehicle registration laws of this state. (b) The owner of any antique motor vehicle manufactured in 1957 or earlier shall be authorized to display in lieu of and in the same manner as the license plate

____________GEORGIA LAWS 2001 SESSION__________1023
otherwise required under Code Section 40-2-41 an authentic historical Georgia license plate which clearly represents the model year of any such antique motor vehicle, provided that the owner has properly registered such antique motor vehicle for the current year as otherwise required under this chapter and has obtained a current Georgia license plate or revalidation decal for such antique motor vehicle. Such currently valid Georgia license plate shall be kept in such antique motor vehicle at all times but need not be displayed in a manner to be visible from outside the vehicle."
SECTION 3. Said article is further amended by adding at the end thereof a new Code Section 40-2-49.2 to read as follows: thereof a new Code Section 40-2-49.2 to read as follows:
'40-2-49.2.
(a) In order to promote and financially benefit the Roadside Enhancement and Beautification Fund established pursuant to Code Section 32-6-75.2, there shall be issued special and distinctive wildflower license plates to promote roadside enhancement and beautification projects and programs. (b) The Department of Transportation shall design special distinctive license plates appropriate to promote conservation of wildflowers within the state. The wildflower motor vehicle license plate must be of the same size and general design of general issue motor vehicle license plates; such plates shall include a unique identifying number, whereby the total characters do not exceed the sum of six, provided that no two recipients receive identical plates. Such design shall provide space in which to indicate the name of the county of issuance. (c) The design ofthe initial edition ofthe wildflower motor vehicle license plate, as well as the design of subsequent editions and excepting only any part or parts of the designs owned by others and licensed to the state, shall be owned solely by the State of Georgia for its exclusive use and control, except as authorized by the commissioner. The commissioner may take such steps as may be necessary to give notice of and protect such right, including the copyright or copyrights. However, such steps shall be cumulative of the ownership and exclusive use and control established by this subsection as a matter of law, and no person shall reproduce or otherwise use such design or designs, except as authorized by the commissioner. (d) Any Georgia resident who is the owner of a motor vehicle, except a vehicle registered under the International Registration Plan, upon complying with the motor vehicle laws relating to registration and licensing of motor vehicles and upon the payment of a fee of not more than $25.00 in addition to the regular motor vehicle registration fee, shall be issued a wildflower motor vehicle license plate. Revalidation decals shall, upon payment of fees required by law and collected by the county tag agent and remitted to the state as provided in Code Section 40-2-34, be issued for wildflower fund license plates in the same manner as provided for general issue license plates.

1024_____GENERAL ACTS AND RESOLUTIONS, VOL. I_______
(e) The funds derived from the sale of wildflower motor vehicle license plates, less a $ 1.00 processing fee which shall be granted to county tag offices per plate sold and less the actual manufacturing cost of the plates, shall be transferred to the Department of Transportation to be deposited in the Roadside Enhancement and Beautification Fund established by Code Section 32-6-75.2 and shall be expended only for the purposes enumerated in Code Section 32-6-75.2. (f) An applicant may request a wildflower motor vehicle license plate any time during the applicant's registration period. If a wildflower motor vehicle license plate is to replace a current valid license plate, the department shall issue the wildflower motor vehicle license plate with appropriate decals attached. When an applicant requests a wildflower motor vehicle license plate at the beginning of the registration period, the applicant shall pay the tax together with all applicable fees. (g) Wildflower motor vehicle license plates shall be transferred from one vehicle to another vehicle in accordance with the provisions of Code Section 40-2-42. (h) Wildflower motor vehicle license plates shall be issued within 30 days of application. (g) The commissioner is authorized to establish procedures and promulgate rules and regulations necessary to carry out the provisions of this Code section."
SECTION 4. This Act shall become effective on July 1, 2001.
SECTION 5. All laws and parts of laws in conflict with this Act are repealed.
Approved April 27, 2001.
LAW ENFORCEMENT OFFICERS AND AGENCIES - GEORGIA CRIME INFORMATION CENTER; RECORDS; ACCURACY; UPDATING. ^
Code Section 35-3-6 Amended.
No. 309 (Senate Bill No. 129).
AN ACT
To amend Code Section 35-3-36 of the Official Code of Georgia Annotated, relating to duties of state criminal justice agencies as to admission of fingerprints, photographs, and other identifying data to the Georgia Crime Information Center, so as to provide that neither the center or its employees shall be responsible for the accuracy of information contained in records representing wanted persons, missing persons, and stolen serial numbered property established in computerized files on

GEORGIA LAWS 2001 SESSION

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the Georgia criminal justice information system (CJIS) network or in computerized files maintained by the Federal Bureau of Investigation National Crime Information Center (NCIC); to provide that criminal justice agencies establishing such records bear all responsibilities for entry, update, and removal as dictated by actions of criminal justice employees and officials; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.
Code Section 35-3-36 of the Official Code of Georgia Annotated, relating to duties of state criminal justice agencies as to admission of fingerprints, photographs, and other identifying data to the Georgia Crime Information Center, is amended by adding at the end thereof a new subsection (n) to read as follows:
"(n) Neither the center or its employees shall be responsible for the accuracy of information contained in records representing wanted persons, missing persons, and stolen serial numbered property established in computerized files on the Georgia Criminal Justice Information System (CJIS) network or in computerized files maintained by the Federal Bureau of Investigation National Crime Information Center (NCIC). Criminal justice agencies establishing such records bear all responsibilities for entry, update, and removal as dictated by actions of criminal justice employees and officials."

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

Approved April 27, 2001.

LOCAL GOVERNMENT - MUNICIPAL COURTS; SESSIONS OUTSIDE MUNICIPALITIES.
Code Section 36-32-12 Enacted.
No. 310 (Senate Bill No. 147).
AN ACT
To amend Article 1 of Chapter 32 of Title 36 of the Official Code of Georgia Annotated, relating to municipal courts in general, so as to provide that sessions of municipal court may be held outside the municipality under certain circumstances; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

1026_____GENERAL ACTS AND RESOLUTIONS, VOL. I_______
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Article 1 of Chapter 32 of Title 36 of the Official Code of Georgia Annotated, relating to municipal courts in general, is amended by adding a new Code Section 36-32-12 to read as follows:
"36-32-12. Notwithstanding any other contrary provision of law, local or general, sessions of a municipal court may be held outside the municipality for which the municipal court is established if such sessions are held within a county in which the municipality is located or has its legal situs.'
SECTION 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.
Approved April 27, 2001.
ALCOHOLIC BEVERAGES - WINE; FARM WINERIES; GEORGIA WINE HIGHWAY.
Code Title 3, Chapter 6, Article 2 Amended.
No. 311 (Senate Bill No. 155).
AN ACT
To amend Article 2 of Chapter 6 of Title 3 of the Official Code of Georgia Annotated, relating to state license requirements and regulations for distribution and sale of wine, so as to change provisions relating to farm wineries; to change provisions relating to licensing of farm wineries and their sale of wines; to provide for designation of a Georgia Wine Highway by the Department of Community Affairs and the Georgia Department of Transportation; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Article 2 ofChapter 6 ofTitle 3 ofthe Official Code ofGeorgia Annotated, relating to state license requirements and regulations for distribution and sale of wine, is

____________GEORGIA LAWS 2001 SESSION__________1027

amended by striking Code Section 3-6-21.1, relating to licensing of farm wineries to engage in retail and whole sales, surety bonds, and excise taxes, and Code Sections 3-6-21.2 and 3-6-21.3, relating to certain types of sales by farm wineries, and inserting in their place new Code Sections 3-6-21.1 through 3-6-21.4 to read as follows:
'3-6-21.1.
(a) As used in this Code section, the term: (1) 'Farm winery' means a domestic winery located on premises, a substantial portion of which is used for agricultural purposes, including the cultivation of grapes, berries, or fruits to be utilized in the manufacture or production ofwine by the winery, or a domestic winery which: (A) Makes at least 40 percent of its annual production from agricultural produce grown in this state; (B) Is owned and operated by persons who are engaged in the production ofa substantial portion ofthe Georgia agricultural produce used in its annual production; and for this purpose such production of a substantial portion of such Georgia agricultural produce shall be determined by the commissioner; and (C) Produces less than 100,000 gallons per year. (2) Tasting room' means an outlet for the promotion of a farm winery's wine by providing samples of such wine to the public and for the sale of such wine at retail for consumption on the premises and for sale in closed packages for consumption off the premises. Samples of wine can be given complimentary or for a fee.
(b) The commissioner may authorize any licensee which is a farm winery to sell its wine and the wine of any other Georgia farm winery licensee at retail in a tasting room or other facility on the premises of the winery for consumption on the premises and in closed packages for consumption off the premises and to sell its wine and the wine of any other Georgia farm winery licensee at retail for consumption on the premises and in closed packages for consumption off the premises in tasting rooms at five additional locations in the state but only if the annual production of wine by the farm winery is made in Georgia from at least the following percentages of Georgia grown agricultural products during the years of production provided below:

(1) First-year production:

Ten percent from Georgia grown
berries, fruits, or grapes

(2) Second-year production:

Twenty percent from Georgia grown
berries, fruits, or grapes

1028_____GENERAL ACTS AND RESOLUTIONS, VOL. I_______

(3) Third-year production:

Thirty percent from Georgia grown
berries, fruits, or grapes

(4) Fourth-year production and thereafter:

Forty percent from Georgia grown
berries, fruits, or grapes

(c)(l) Except as provided in paragraph (2) of this subsection, the commissioner may authorize any licensee which is a farm winery to sell up to 24,000 gallons per year of its wine at wholesale within the state but only if the annual production of wine by the farm winery is made in Georgia from at least 40 percent of Georgia grown agricultural products. (2) The commissioner shall not authorize any licensed farm winery to sell its wine at wholesale as provided in paragraph (1) of this subsection, unless such licensed farm winery shall have first offered its products for sale at a fair market wholesale price to a licensed Georgia wholesaler. If such wholesaler does not accept the farm winery's product within 30 days of such offer, the provisions of paragraph (1) of this subsection shall apply. (d)(l) A farm winery licensee shall also be authorized to sell, deliver, or ship its wine in bulk or in bottles, whether labeled or unlabeled, in accordance with regulations ofthe commissioner, to other farm winery licensees inside the state and shall be authorized to acquire and receive deliveries and shipments of such wine made by farm winery licensees inside the state. (2) A farm winery licensee shall be authorized, in accordance with regulations of the commissioner, to acquire and receive deliveries and shipments of wine in bulk from out-of-state producers and shippers in an amount not to exceed 20 percent of its annual production, provided that the farm winery licensee receiving any such shipment or shipments files timely reports with the commissioner and keeps such records of the receipt of such shipment or shipments as may be required by the commissioner. (3) Any wine received in bulk pursuant to paragraph (2) of this subsection shall have levied thereon the requisite taxes as prescribed by Code Section 3-6-50, and such taxes shall be reported and remitted to the commissioner as provided in Code Section 3-2-6. (e) The annual license tax for each license issued pursuant to this Code section shall be $50.00. (f) The surety bond required as a condition upon issuance of a license pursuant to this Code section shall be the same as that required pursuant to Code Section 3-6-21 with respect to wineries. (g) Wines sold at retail by a manufacturer as provided in subsection (b) of this Code section shall have levied thereon an excise tax as prescribed by Code

____________GEORGIA LAWS 2001 SESSION__________1Q29
Section 3-6-50, and such tax shall be reported and remitted to the commissioner as provided in Code Section 3-2-6.
3-6-21.2. Notwithstanding any other provisions of this title to the contrary, in all counties in which the sale of wine is lawful by a farm winery and in all municipalities in which the sale of wine is lawful by a farm winery, a farm winery which is licensed to sell its wine in a tasting room or other licensed farm winery facility within the county or municipality, as the case may be, for consumption on the premises or in closed packages for consumption off the premises shall be authorized to sell its wine and the wine of any other Georgia farm winery licensee on Sundays from 12:30 P.M. until 12:00 Midnight in the tasting room or other licensed farm winery facility, to the same extent as its county or municipal license would otherwise permit. Nothing in this Code section shall be construed so as to authorize a farm winery to sell wine as provided in this Code section on any other premises which are not actually located on the property where such farm wine is produced, except in special entertainment districts designated by the local governing authority of the county or municipality, as applicable.
3-6-21.3. (a) As used in this Code section, the term:
(1) 'Affiliate' means any person controlling, controlled by, or under common control with the farm winery. (2) 'Farm winery' means a farm winery as defined in Code Section 3-6-21.1, as amended. (b)(l) Notwithstanding any other provision of this title to the contrary, in all counties or municipalities in which the sale of wine is lawful, the commissioner may authorize any farm winery licensee to sell its wine and the wine of any other Georgia farm winery licensee for consumption on the premises at facilities located on the premises of the winery or on property located contiguous to the winery and owned by the winery or by an affiliate of the winery. (2) Notwithstanding any other provisions of this title to the contrary, in all counties or municipalities in which the sale of distilled spirits, malt beverages, and wines is lawful, the commissioner further may authorize such licensee to make sales of distilled spirits, malt beverages, and wines not produced by such licensee for consumption on the premises at facilities located on the premises of the winery or on property located contiguous to the winery and owned by the winery or by an affiliate of the winery, provided that any alcoholic beverages sold pursuant to this paragraph shall be purchased by the winery from a licensed wholesaler at wholesale prices.

1030_____GENERAL ACTS AND RESOLUTIONS, VOL. I_______
3-6-21.4
The Department of Community Affairs and the Department of Transportation shall, with due consideration to the farm wineries in Georgia, collaborate to designate appropriate routes and signage for the Georgia Wine Highway."
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.
Approved April 27, 2001.
CRIMINAL PROCEDURE - BOND FOR PAROLEES OR PROBATIONERS CHARGED WITH CERTAIN OFFENSES; MISDEMEANOR OFFENDER SUPERVISION.
Code Sections 17-10-1 and 17-10-3 Amended.
No. 312 (Senate Bill No. 270).
AN ACT
To amend Article 1 of Chapter 10 of Title 17 of the Official Code of Georgia Annotated, relating to the procedure for sentencing and imposition of punishment, so as to clarify that the Department of Corrections has authority to supervise misdemeanor sentences transferred from out of state under the Interstate Supervision Compact; to allow state and magistrate court judges to set bond under certain circumstances; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Article 1 of Chapter 10 of Title 17 of the Official Code of Georgia Annotated, relating to sentencing and imposition of punishment, is amended in Code Section 17-10-1, relating to sentencing, by striking subparagraph (a)(3)(B) in its entirety and inserting in lieu thereof the following:
*(B) A parolee or probationer charged with a misdemeanor involving physical injury or an attempt to commit physical injury or terroristic threats or with a new felony shall not be entitled to bond pending a hearing on the revocation ofhis or her parole or probation, except by order ofajudge ofthe superior, state, or magistrate court wherein the alleged new offense occurred after a hearing and upon determination of the superior, state, or magistrate court that the parolee or probationer does not constitute a threat to the community; provided, however, that this subparagraph does not authorize

____________GEORGIA LAWS 2001 SESSION__________1Q31
state or magistrate court judges to grant bail for a person charged with any offense listed in subsection (a) of Code Section 17-6-1.'
SECTION 2. Said chapter is further amended by striking subsection (f) of Code Section 17-10-3, relating to Department of Corrections supervision of misdemeanor sentences, and by adding a new subsection (f) to read as follows:
"(f) The Department of Corrections shall lack jurisdiction to supervise misdemeanor offenders, except when the sentence is made concurrent to a probated felony sentence or when the sentence is accepted pursuant to Code Section 42-9-71. Except as provided in this subsection, the Department of Corrections shall lack jurisdiction to confine misdemeanor offenders."
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.
Approved April 27, 2001.
LOCAL GOVERNMENT - COUNTY LAW LIBRARIES; COUNTIES OF POPULATION 700,000 OR MORE.
Code Section 36-15-11 Amended.
No. 313 (House Bill No. 25).
AN ACT
To amend Chapter 15 of Title 36 of the Official Code of Georgia Annotated, relating to county law libraries, so as to change a certain population reference; to thereby update and specify the counties in which certain special provisions shall apply to the collection and use of certain court costs; to provide for such costs to be paid into the general treasury of the county and used for any lawful purposes in affected counties; 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 15 of Title 36 ofthe Official Code ofGeorgia Annotated, relating to county law libraries, is amended by striking Code Section 36-15-11, relating to special provisions applicable to counties of a certain population size, and inserting in its place a new Code section to read as follows:

1032_____GENERAL ACTS AND RESOLUTIONS, VOL. I_______
'36-15-11. Notwithstanding any other provision of this chapter, in all counties of this state having a population of 700,000 or more according to the United States decennial census of 1980 or any future such census, all funds collected by reason of this chapter shall be paid into the general treasury of such county, to be used for lawful purposes of the courts of the county, including the maintenance of a county law library; and there shall be no county law library fund. All disbursements for the purposes of this chapter shall be in accordance with the budget procedures which may be established in such counties. In such counties there shall be no treasurer of the board of trustees. The county governing authorities of such counties shall report to the board of trustees, not later than January 1 5 ofeach year, the amount ofmoney collected in the preceding calendar year by the assessment of such fees as are provided in this chapter.*
SECTION 2. This Act shall become effective July 1,2002, in accordance with the provisions of paragraph (d)(2)(D) of Code Section 1-3-1.
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.
Approved April 27, 2001.
PUBLIC OFFICERS AND EMPLOYEES - STATE HEALTH BENEFIT PLAN; GEORGIA-FEDERAL STATE INSPECTION SERVICE EMPLOYEES.
Code Section 45-18-7.6 Amended.
No. 314 (House Bill No. 40).
AN ACT
To amend Code Section 45-18-7.6, relating to state health insurance plan coverage of inspection service employees, so as to provide for inclusion in such plan of state employees ofthe Georgia-Federal State Inspection Service who are active or retired members of the Employees' Retirement System of Georgia; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

____________GEORGIA LAWS 2001 SESSION__________1033
SECTION 1. Code Section 45-18-7.6, relating to state health insurance plan coverage of inspection service employees, is amended by striking said Code section in its entirety and inserting in lieu thereof the following:
"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 of, retiring employees of, and employees who retired under the Employees' Retirement System of Georgia on or before July 1, 2000, from 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 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. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.
Approved April 27, 2001.
LOCAL GOVERNMENT - BONDS; POLITICAL SUBDIVISIONS; DEVELOPMENT AUTHORITIES.
Code Section 36-82-9 Enacted. Code Section 36-82-160 Repealed.
No. 315 (House Bill No. 75).
AN ACT
To amend Chapter 82 of Title 36 of the Official Code of Georgia Annotated, relating to bonds, so as to require the reporting of certain information with respect to any bonds, notes, or other obligations of any political subdivision; to provide for compilation and reporting; to provide for enforcement; to provide for powers, duties, and authority of the Department of Community Affairs with respect to the

1034_____GENERAL ACTS AND RESOLUTIONS, VOL. I_______
foregoing; to provide for an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Chapter 82 ofTitle 36 ofthe Official Code ofGeorgia Annotated, relating to bonds, is amended by adding a new Code section immediately following Code Section 36-82-8, to be designated Code Section 36-82-9, to read as follows:
'36-82-9. (a) As used in this Code section, the term 'political subdivision' means any municipality, county, local government authority, board, or commission empowered to enter into debt. Such term shall not include any state agency or state authority. (b) A political subdivision which issues general obligation bonds, revenue bonds, or any other bonds, notes, certificates of participation, or other such obligations of that political subdivision in an amount exceeding $1 million, shall file a report with the Department of Community Affairs which contains the following:
(1) Name of issuer; (2) Whether the issue is a new issue or a refinancing or refunding; (3) Total amount issued; (4) Term of issue; (5) Detailed description of purpose or purposes; (6) Name of underwriter; (7) Underwriting costs; (8) Name of bond counsel; (9) Interest rate; and (10) True or net interest costs. Such information shall be reported to the Department of Community Affairs in accordance with Code Section 36-81-8.*
SECTION 2. Said chapter is further amended by striking Article 7, relating to regulation of bonds and obligations issued by development authorities, and inserting in its place the following:
'ARTICLE 7 Reserved.'
SECTION 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

____________GEORGIA LAWS 2001 SESSION__________1035
SECTION 4. All laws and parts of laws in conflict with this Act are repealed.
Approved April 27, 2001.
TORTS - POLYGRAPHS; NEGLIGENT ADMINISTRATION.
Code Section 51-1-37 Amended.
No. 316 (House Bill No. 109).
AN ACT
To amend Code Section 51-1-37 of the Official Code of Georgia Annotated, relating to the cause of action for negligent or improper administration of a polygraph examination and the measure of damages, so as to delete the provisions relating to administration of the polygraph examination in conformity with the provisions of former Chapter 36 of Title 43 of the Official Code of Georgia Annotated; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Code Section 51-1-37 of the Official Code of Georgia Annotated, relating to the cause ofaction for negligent or improper administration ofa polygraph examination and the measure of damages, is amended by striking subsection (a) and inserting in its place the following:
"(a) Any person who is given a polygraph examination and who suffers damages as a result of such polygraph examination having been administered in a negligent manner shall have a cause of action against the polygraph examiner."
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.
Approved April 27, 2001.

1036_____GENERAL ACTS AND RESOLUTIONS, VOL. I________
CRIMES AND OFFENSES - BINGO PRIZES.
Code Section 16-12-60 Amended.
No. 317 (House Bill No. 154).
AN ACT
To amend Code Section 16-12-60 of the Official Code of Georgia Annotated, relating to bingo rules and regulations, so as to change the maximum amounts which may be awarded as prizes; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Code Section 16-12-60 ofthe Official Code ofGeorgia Annotated, relating to bingo rules and regulations, is amended by striking subsection (f) and inserting in its place a new subsection (f) to read as follows:
'(f) It shall be unlawful to award prizes in excess of $1,300.00 in cash or gifts of equivalent value during any calendar day or $2,600.00 in cash or gifts of equivalent value during any calendar week. It shall be unlawful to exceed such limits at any combination of locations operated by a single licensee or such licensee's agents or employees. It shall be unlawful for two or more licensees to pyramid the valuation of prizes in such manner as to exceed the limits contained in this Code section. The term 'equivalent value' shall mean the fair market value of the gift on the date the gift is given as the prize in a bingo game.*
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.
Approved April 27, 2001.
CRIMES AND OFFENSES - BINGO; LICENSES FOR CERTAIN NONPROFIT ORGANIZATIONS.
Code Section 16-12-53 Amended.
No. 318 (House Bill No. 155).
AN ACT
To amend Code Section 16-12-53 of the Official Code of Georgia Annotated, relating to bingo licensure of certain nonprofit tax-exempt organizations, so as to

____________GEORGIA LAWS 2001 SESSION__________1037
change certain licensure qualifications; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Code Section 16-12-53 ofthe Official Code ofGeorgia Annotated, relating to bingo licensure of certain nonprofit tax-exempt organizations, is amended by striking subsection (a) and inserting in its place a new subsection (a) to read as follows:
'(a) Any nonprofit, tax-exempt organization desiring to obtain a license to operate bingo games shall make application to the director on forms prescribed by the Georgia Bureau of Investigation and shall pay an annual fee of $100.00. No license shall be issued to any nonprofit, tax-exempt organization unless the organization has been in existence for 12 months immediately prior to the issuance of the license. The license will expire at 12:00 Midnight on December 31 following the granting of the license. Renewal applications for each calendar year shall be filed with the director prior to January 1 of each year and shall be on a form prescribed by the Georgia Bureau of Investigation.*
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.
Approved April 27, 2001.
PUBLIC UTILITIES AND PUBLIC TRANSPORTATION RADIO COMMON CARRIERS.
Code Title 46, Chapter 6 Repealed.
No. 319 (House Bill No. 168).
AN ACT
To amend Title 46 of the Official Code of Georgia Annotated, relating to public utilities and public transportation, so as to repeal certain provisions relating to radio common carriers; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Title 46 of the Official Code of Georgia Annotated, relating to public utilities and public transportation, is amended by striking and repealing in their entirety Code

1038_____GENERAL ACTS AND RESOLUTIONS, VOL. I________
Sections 46-6-1 through 46-6-16, relating to radio common carriers, which read as follows:
"46-6-1.
This chapter shall be known and may be cited as the 'Georgia Radio Utility Act.'
46-6-2.
As used in this chapter, the term: (1) 'Facility' means all real property, stations, antennas, radios, receivers, transmitters, instruments, appliances, fixtures, and other personal property used by a radio utility in providing service to its subscribers. (2) 'Person' means any individual, partnership, corporation, company, association, administrator, or executor, and any trustee or receiver appointed by any court whatsoever. (3) 'Radio service' or 'service' means any radio service that may be authorized under the Domestic Public Land Mobile Radio Service or Rural Radio Service Rules of the Federal Communications Commission on frequencies allocated to those services. (4) 'Radio utility' means any person who owns, controls, operates, or manages a radio utility system. This term does not mean a telephone utility or telegraph utility regulated by the commission. (5) 'Radio utility system' means any facility within the state which provides a radio service on a for-hire basis to members of the public who subscribe to such service, whether or not such facility is interconnected with the public land-line telephone-exchange network. (6) 'Service area' means that geographical area in which a radio utility provides service pursuant to a certificate of public convenience and necessity issued by the Georgia Public Service Commission.
46-6-3.
(a) The commission shall have the power and jurisdiction to supervise and regulate every radio utility operating within this state and its property, property rights, equipment, facilities, contracts, certificates, and franchises as may be necessary to carry out the purposes of this chapter. The commission shall also have the power and jurisdiction to do all things, whether specifically designated in this chapter or in addition thereto, which are necessary or convenient in the exercise of such power and jurisdiction. Without limiting the generality of the foregoing provisions ofthis Code section, the commission is authorized to adopt and enforce such reasonable rules, regulations, and orders as it may deem necessary with respect to rates, charges, classifications, issuance of certificates, territory of operation, abandonment or suspension of service, adequacy of service, prevention or elimination of unjust discrimination between subscribers, financial responsibility, records, reports, and safety of operation and equipment and as it may deem necessary to accomplish the purposes of this chapter and to implement its provisions.

___________GEORGIA LAWS 2001 SESSION__________1039
(b) The commission may, after affording an opportunity for hearing, order a radio utility to make any reasonable repair or improvement of or addition to such system. (c) The commission may from time to time visit the places of business and other premises of radio utilities and may examine the records and facilities of radio utilities to ascertain if all rules, regulations, and orders of the commission have been complied with. The commission shall have the power to examine any person under oath, including all officers, agents, and employees of radio utilities, and to compel the production of papers and the attendance of witnesses in order to obtain the information necessary for administering this chapter. (d) The commission shall have the power and authority to institute all such proceedings and investigations, hear all such complaints, issue all such process and orders, and render all such decisions as are necessary to enforce this chapter and the rules, regulations, and orders adopted hereunder and as are necessary to accomplish the purposes of this chapter. (e) The commission shall have the right to institute, or to intervene as a party in, any action, in any court of competent jurisdiction, for mandamus, injunctive relief, or other relief to compel compliance with any provision of this chapter or of any rule, regulation, or order adopted hereunder, or to restrain or otherwise prevent or prohibit any illegal or unauthorized conduct in connection therewith.
46-6-4.
The commission shall prescribe just and reasonable rates, charges, and classifications for the services rendered by a radio utility to subscribers. The tariffs therefor shall be in such form and shall be filed and published in such manner and on such notice as the commission may prescribe and shall be subject to change on such notice and in such manner as the commission may prescribe.
46-6-5.
No person shall begin or continue the construction or operation of any radio utility system, or of any geographical extension thereof, or acquire ownership or control thereof, either directly or indirectly, without first obtaining from the commission a certificate that the present or future public convenience and necessity require or will require such construction, operation, geographical extension, or acquisition. The commission is authorized to prescribe appropriate and reasonable rules and regulations governing the issuance of such certificates and is authorized to prescribe the appropriate form of application for such certificates.
46-6-6.
(a) Upon the filing of an application for a certificate of public convenience and necessity under this chapter, the commission shall fix the time and place for a hearing thereon and shall cause notice thereof to be given to such parties in interest as the commission may deem necessary. The commission shall also cause

1040______GENERAL ACTS AND RESOLUTIONS, VOL. I________
notice ofthe application to be published once at least 14 days prior to the hearing in some newspaper of general circulation in the affected territory. (b) After such hearing, the commission may either issue to the applicant a certificate of public convenience and necessity in a form to be prescribed by it, refuse to issue the same or issue it for only partial exercise of the privilege sought, or attach to the exercise of the right granted by the certificate such terms, limitations, and conditions which it deems the public interest may require. The certificate shall include a copy ofa service-area map clearly showing the territory in which the radio utility system is to be constructed, extended, operated, or acquired. (c) In determining whether a certificate shall be issued, the commission shall take into consideration, among other things, the public need for the proposed service or acquisition, the suitability of the applicant, the financial responsibility ofthe applicant, and the ability ofthe applicant to perform efficiently the service for which authority is requested.
46-6-7.
No certificate issued pursuant to this chapter may be transferred, assigned, or encumbered unless such transaction is first approved by the commission.
46-6-8.
(a) The commission shall not grant a certificate for the establishment of a proposed radio utility operation in or an extension of an existing service area into an established service area, which proposed operation or extension will be in competition with or duplicate the service of any other radio utility unless the commission first determines both (1) that the existing certificated radio utility is unwilling or unable to meet the reasonable needs of the public, and (2) that the person operating the same is unable to or refuses or neglects, after hearing on reasonable notice, to provide reasonably adequate service; provided, however, nothing contained in this Code section shall be construed as prohibiting a radio utility from terminating service for its own subscribers in other established service areas, either through its own facilities or those of others in accordance with subsection (b) of this Code section. In no event shall a radio utility offer, allow, or construct facilities for, the origination of service, whether by dedicated facilities, '800' numbers, foreign exchange lines, or other inter-LATA toll-free, local access, or other means, outside its established service area. Service shall be deemed to originate at the location of the calling party at the time the call is made. (b) Any radio utility seeking to terminate service for its own subscribers in other service areas pursuant to this Code section shall do so only in the following manner:
(1) Through interconnection with or use offacilities ofthe existing certificated radio utility, subject to mutual agreement and consent of both radio utilities; or

____________GEORGIA LAWS 2001 SESSION__________1041
(2) Through its own facilities, provided that said facilities are capable of only terminating and not originating service outside the utility's established service area, and the commission finds, after notice and hearing, that the construction and operation of the specific facilities to be constructed and operated by the utility in such other service areas are or will be required by the present or future public convenience and necessity.
46-6-9. Any radio utility holding a certificate of public convenience and necessity under this chapter may interconnect its facilities with the communication facilities of any other regulated communication company operating in the area in which the radio utility is located, provided that an agreement can be reached between the radio utility and the communication company providing for such interconnection; provided, further, that when an agreement cannot be reached between the radio utility and the communication company, either may petition the commission for the right of interconnection and such interconnection shall be ordered by the commission on such reasonable terms as shall be set by the commission.
46-6-10. No radio utility shall combine, merge, or consolidate with, or acquire control of, another organization without first obtaining the approval of the commission, which approval shall be granted only upon a finding, after a hearing, that such proposed combination, merger, consolidation, or acquisition is in the public interest.
46-6-11.
Any radio utility operating a radio utility system under authority of a certificate ofpublic convenience and necessity issued by the commission under this chapter shall, where necessary and upon making due compensation to the owner of the property, have the right to construct, maintain, and operate antennas and towers upon any private property for the purpose of broadcasting and receiving radio signals, provided that the antenna equipment is so erected, placed,-and maintained as not to obstruct or interfere with the ordinary use of such property by the owner or owners thereof.
46-6-12.
Any person who, as of March 27, 1972, held a valid certificate of public convenience and necessity issued by the commission pursuant to the 'Georgia Radio Common Carrier Act' (Ga. L. 1970, p. 104) shall not be required to seek and obtain a certificate ofpublic convenience and necessity under this chapter for the continuance of the construction or operation of the radio utility system previously certificated. Any such certificate of public convenience and necessity issued by the commission pursuant to the 'Georgia Radio Common Carrier Act' shall have the same force and effect and shall be subject to the same terms and conditions as if issued pursuant to this chapter.

1042_____GENERAL ACTS AND RESOLUTIONS, VOL. I_______
46-6-13. For any alleged or apparent violation by a radio utility of any provision of this chapter or the orders or rules and regulations of the commission made under the authority of this chapter, the commission shall, upon the complaint of any person or upon its own motion, issue its rule nisi or order to show cause against the radio utility, reciting the matter involved and fixing the time, date, and place for a hearing on the matter. If, after such hearing, the commission determines that a violation has occurred or is occurring, the commission shall order the radio utility to bring itself into compliance with this chapter and the orders and the rules and regulations of the commission within 90 days from the date of the order. If the radio utility fails or neglects to comply at or prior to the expiration of the 90 day period, the commission may, in its sound discretion, order the revocation, suspension, or alteration of the certificate of public convenience and necessity held by the radio utility.
46-6-14. Within 30 days after the service of an order or decision reflecting any action of the commission which is ripe for judicial review, any party aggrieved thereby may appeal to the Superior Court of Fulton County for the purpose of having the reasonableness or lawfulness of such action inquired into and determined. Such appeal shall be tried according to the rules governing other civil cases to the extent practicable.
46-6-15. This chapter relates only to radio utilities as defined in Code Section 46-6-2 and is not applicable to the mobile radio telephone service offered by land line telephone and telegraph utilities regulated by the commission.
46-6-16. (a) Any person, including an officer, agent, or employee of any organization, who willfully violates any provision of this chapter or of any rule, regulation, or order adopted hereunder or who willfully procures, aids, or abets any violation of such a provision shall be guilty of a misdemeanor. (b) Any person who offers radio utility service to the public in this state without a certificate of public convenience and necessity, or after such certificate has been canceled, may be enjoined by the courts of this state from operating within this state upon the bringing of an action by the commission, by a radio utility which competes with the offending radio utility, or by any other person."
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.
Approved April 27, 2001.

____________GEORGIA LAWS 2001 SESSION__________1043
PUBLIC OFFICERS AND EMPLOYEES - COMMISSION FOR CELEBRATION OF 250 YEARS OF REPRESENTATIVE GOVERNMENT IN GEORGIA; GOVERNOR'S COMMISSION ON GEORGIA HISTORY AND HISTORICAL TOURISM.
Code Section 45-13-29 Enacted. Code Title 45, Chapter 13, Article 3B Enacted.
No. 320 (House Bill No. 190).
AN ACT
To amend Chapter 13 of Title 45 of the Official Code of Georgia Annotated, relating to the Secretary of State and associated agencies and operations, so as to provide for certain bodies to carry out duties relating to Georgia history; to create the Commission for the Celebration of 250 Years of Representative Government in Georgia; to provide for the membership of the commission and the powers and duties of the commission and the Secretary of State; to provide for expenses; to provide for matters relating to the celebration of 250 years of representative government in Georgia; to provide for abolition of the commission; to provide for the repeal of the laws relating to such commission and the powers and duties of the commission and the powers and duties of the Secretary of State connected with such celebration; to create the Governor's Commission on Georgia History and Historical Tourism and provide for its membership, powers, duties, and operations; 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 13 of Title 45 of the Official Code of Georgia Annotated, relating to the Secretary of State and associated agencies and operations, is amended by adding a new Code Section 45-13-29 to read as follows:
"45-13-29. (a) There is created the Commission for the Celebration of 250 Years of Representative Government in Georgia. The commission is created for the purpose of ensuring a proper recognition of 250 years of representative government in this state. The commission shall be composed of the Secretary of State, three members appointed by the Governor, three members appointed by the Lieutenant Governor, three members appointed by the Speaker of the House of Representatives, and three members appointed by the Secretary of State. The Secretary of State shall serve as chairperson. In appointing members of the commission, the appointing authorities shall include representatives of the Georgia Humanities Council, the Georgia Historical Society, the Carl Vinson

1044_____GENERAL ACTS AND RESOLUTIONS, VOL. I________
Institute of Government, and other organizations, governmental bodies, and entities having an interest in the history and function of representative government in Georgia. (b) The commission shall carry out the plans recommended by the Committee for the Celebration of 250 Years of Representative Government in Georgia, created pursuant to a resolution approved May 1, 2000 (Ga. L. 2000, p. 1892), coordinate appropriate measures, activities, and observances to celebrate the 250th anniversary of the establishment of elected representative government in Georgia, and recommend any actions or legislation which the commission deems appropriate. The commission is authorized to adopt a logo or mark and authorize its use in connection with events, projects, advertising, public service announcements, educational materials, and other appropriate uses. The commission is authorized to encourage, assist, and coordinate the activities ofthe departments, agencies, and educational institutions ofthis state and associations, societies, business entities, groups, and individuals to ensure an appropriate celebration of this anniversary and to provide coordination, advice, and encouragement to local governments and school systems in recognizing this anniversary. The commission shall promote and assist in the publicizing of the events surrounding the establishment of representative government in Georgia. The commission is authorized to enter into contracts with state and local governments, school systems, institutions ofhigher education, and private parties in connection with the powers and duties of the commission. The commission and the Secretary of State are authorized to accept gifts, grants, and appropriations from any source, public or private, and to use the proceeds therefrom for the purposes of the commission. Any funds of the commission remaining unexpended on January 8,2002, shall be deposited in the general fund of the state treasury. (c) 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 Code section. (d) The members of the commission who are not otherwise employees or officials of the state are authorized to receive the daily expense allowance authorized by subsection (b) of Code Section 45-7-21 of the Official Code of Georgia Annotated for each day actually spent in attending meetings of the commission 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 Code section shall come from the funds appropriated or otherwise available to the commission or the Secretary of State for such purpose. (e) The commission created by this Code section shall stand abolished on January 8, 2002. This Code section shall be repealed on January 8, 2002.'
SECTION 2. Said chapter is further amended by adding a new Article 3B to read as follows:

____________GEORGIA LAWS 2001 SESSION___________1045
"ARTICLE 3B
45-13-58. (a) The General Assembly finds that:
(1) Code Section 20-2-142 requires that all public schools in Georgia provide a course of study in the history and government of Georgia and the United States and that no student shall receive a high school diploma without having successfully completed such course; (2) Pursuant to Code Section 20-2-140, the State Board of Education is responsible for establishing a uniform sequenced core curriculum for grades kindergarten through 12 as well as the competencies for each student to master; (3) Pursuant to its statutory powers, the State Board of Education in 1988 adopted a quality core curriculum, which included a year-long course of study of Georgia history, government, culture, and geography at the eighth grade level known as 'Georgia Studies'; (4) In 1997, the State Board of Education changed the title of the eighth grade social studies course to 'Georgia and the American Experience,' which then led some school systems to adopt an American history and government textbook instead of one devoted to the study of Georgia history and government; (5) While many different state agencies currently have responsibility for promoting some aspects of Georgia history, there are no current mechanisms for coordinating their efforts or working with cities, counties, historical societies, and other organizations; (6) While a knowledge of Georgia history is essential to understanding Georgia's past, present, and future, many citizens of this state are uninformed about Georgia's rich history; (7) Over the past three decades, Georgia has been one of the fastest growing states in the nation and has attracted new residents from other states and nations, many of whom are not knowledgeable about Georgia's past; and (8) The recent experience of a number of states is that promotion of an area's historic sites, markers, monuments, museums, and other attractions can become an important tool of economic development by promoting employment, services, and tourism, which can be especially significant in rural areas without natural attractions. (b) There shall be a Governor's Commission on Georgia History and Historical Tourism to consist of the following members: (1) The following or their designees shall serve as ex officio members:
(A) The Lieutenant Governor; (B) The Secretary of State; (C) The State School Superintendent; (D) The commissioner of industry, trade, and tourism; (E) The commissioner of community affairs; (F) The executive director of the OneGeorgia Authority; (G) The commissioner of natural resources;

1046_____GENERAL ACTS AND RESOLUTIONS, VOL. I_________
(H) The director of the State Parks and Historic Sites Division of the Department of Natural Resources; (I) The director of the Historic Preservation Division of the Department of Natural Resources; (J) The director of the Georgia Department of Archives and History; (K) The executive director of the Georgia Historical Society; (L) The executive director of the Atlanta History Center; (M) The executive director of the Georgia Trust for Historic Preservation; (N) The president of the Georgia Humanities Council; (O) The director of the Center for the Study of Georgia History at Augusta State University; (P) The director of the Georgia Capitol Museum; and (Q) The chairperson of the Georgia Civil War Commission; and (2) The following shall serve as appointed members: (A) Eight members appointed by the Governor; (B) Four members of the Georgia Senate appointed by the Lieutenant Governor; and (C) Four members of the Georgia House of Representatives appointed by the Speaker of the House. (c) The Governor shall designate from the ex officio or appointed members a chairperson, vice chairperson, and secretary. (d) Vacancies in the membership ofthe officers ofthe commission shall be filled in the same manner as the original appointments were made. (e) At the first meeting of the commission, ex officio and appointed members may elect not more than eight additional members from the state at large to ensure appropriate representation of geographic regions, ethnicity, historical organizations, educational institutions and scholars, and federal or local agencies involved in historical promotion and preservation. (f) Staff support for the commission shall be provided by the Carl Vinson Institute of Government at the University of Georgia. (g) An organizational meeting of the commission shall be convened at the state capitol within 45 days after adjournment sine die of the 2001 Session of the General Assembly, such meeting time to be set by the Governor and the chairperson of the commission. Afterwards, the commission shall hold at least one meeting during 2001 in each of the four geographic regions of the state. Each meeting shall be well publicized in advance, with members of the public, historical organizations, educational institutions, and other interested parties invited to testify as to how to better promote history and historical tourism in Georgia. (h) The commission shall be authorized and directed to study all aspects of historical education, promotion, preservation, and tourism in Georgia, with a special emphasis on: (1) Developing a comprehensive inventory of what is currently being done in Georgia, including the responsibilities and efforts of various state, local, and federal agencies; public authorities; colleges and universities; nonprofit

____________GEORGIA LAWS 2001 SESSION__________1047
organizations; professional and scholarly associations and societies; museums; local historical societies; patriotic and historical organizations; public television and radio; local chambers of commerce, development authorities, and convention and visitors bureaus; websites and other Internet resources; churches; and other organizations; (2) The status of Georgia history education in the state's public schools, colleges, and universities, including the scope and content of textbooks currently used to teach Georgia history; (3) Developing strategies for enhancing partnerships between state, local, and federal agencies, nonprofit organizations, and schools to promote Georgia history; (4) The experiences of other states that have an official state museum of history; (5) How other states promote state and local history and historical tourism; (6) How historical tourism can be used to promote economic development, especially in tier 1 and tier 2 counties, as defined by the OneGeorgia Authority; (7) How to assist state, county, and city governments and other organizations to promote commemoration of significant anniversaries with respect to state and local history; (8) What role the new on-line Georgia Encyclopedia will play in promoting Georgia history; (9) Possible changes in state law that would facilitate the promotion of Georgia history and historical tourism; and (10) Funding and other revenue issues. (i) The commission is authorized and empowered to accept appropriations, grants, or gifts from any level of government; from any board, commission, or other unit of government; from any public corporation or authority; from any public or private organization; from any business; from any group; or from any individual. The commission shall be further empowered to hold, invest, reinvest, and disburse such grants and gifts and any income derived therefrom in carrying out the objectives and purposes of the commission and shall not be required to pay such grants and gifts or income derived therefrom into the general fund of the state treasury. The commission shall be further authorized to adopt such rules and regulations and perform such other activities as necessary or appropriate for carrying out its purposes and duties. (j) The nonlegislative members ofthe commission shall receive no compensation for their service and shall not receive any reimbursement of expenses; provided, however, that to the extent that sufficient appropriations from the General Assembly, grants from the Governor's contingency fund, or other sources, gifts, or other income is received, nonlegislative members of the commission may be reimbursed upon approval by the commission for travel and expenses not to exceed the allowances authorized for members of state boards. Legislative members shall be compensated and provided with travel expenses in accordance with law, House and Senate rules, and regulations adopted by the Legislative Services Committee and Legislative Fiscal Office.

1048______GENERAL ACTS AND RESOLUTIONS, VOL. I_________
(k) To the extent that funding is available from whatever source, the Governor shall be authorized to appoint a person to serve on a part-time or full-time basis as executive director of the commission. Said executive director, if appointed, shall perform such duties as directed by the Governor or by the chairperson ofthe commission. (1) No legislative member of the commission shall vote on the expenditure of funds by the commission, appointment of commission staff, or any matter of a nature properly belonging in the executive branch. However, legislative members may participate in any commission action of an advisory nature, such as making reports and recommendations. (m) The commission shall be attached for administrative purposes to the office of the Secretary of State. (n) The commission may make reports and recommendations to the Governor and General Assembly from time to time but shall make a final report not later than December 15, 2002, at which time the commission shall be abolished. (o) This Code section and this article shall be repealed on December 15,2002.*
SECTION 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 4. All laws and parts of laws in conflict with this Act are repealed.
Approved April 27, 2001.
EDUCATION - TEXTBOOKS; ELECTRONIC FORMAT.
Code Section 20-2-1015 Enacted.
No. 321 (House Bill No. 228).
AN ACT
To amend Article 19 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to textbooks, so as to require publishers of textbooks which are recommended by the State Board of Education to make such textbooks available in an electronic format; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

____________GEORGIA LAWS 2001 SESSION__________1049
SECTION 1. Article 19 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to textbooks, is amended by inserting at the end thereofa new Code Section 20-2-1015 to read as follows:
'20-2-1015. The publisher of a textbook recommended by the State Board of Education shall provide an electronic format version of such textbook."
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.
Approved April 27, 2001.
REVENUE AND TAXATION - SALES AND USE TAX; EXEMPTION FOR PIPE ORGANS OR STEEPLE BELLS.
Code Section 48-8-3 Amended.
No. 322 (House Bill No. 290).
AN ACT
To amend Code Section 48-8-3 ofthe Official Code ofGeorgia Annotated, relating to exemptions from state sales and use tax, so as to provide for an exemption with respect to sales ofpipe organs or steeple bells to churches; to provide for conditions and limitations; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to exemptions from state sales and use tax, is amended by adding a new paragraph immediately following paragraph (15), to be designated paragraph (15.1), to read as follows:
"(15.1) Sales of pipe organs or steeple bells to any church which is qualified as an exempt religious organization under Section 501 (c)(3) of the Internal Revenue Code of 1986, as amended.*
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.
Approved April 27, 2001.

1050_____GENERAL ACTS AND RESOLUTIONS, VOL. I_______
MOTOR VEHICLES AND TRAFFIC - TRUCKS ON MULTILANE HIGHWAYS.
Code Section 40-6-52 Amended.
No. 323 (House Bill No. 345).
AN ACT
To amend Article 3 of Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to driving on the right side of roadways, overtaking and passing, and following too closely, so as to change certain provisions relating to trucks using multilane highways; 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 40 of the Official Code of Georgia Annotated, relating to driving on the right side of roadways, overtaking and passing, and following too closely, is amended by striking Code Section 40-6-52, relating to trucks using multilane highways, and inserting in lieu thereof the following:
"40-6-52. (a) As used in this Code section, the term 'truck' means any vehicle equipped with more than six wheels. (b) On roads, streets, or highways with three or more lanes allowing for movement in the same direction, it shall be unlawful for any truck to operate in any lanes other than the two most right-hand lanes, except when the truck is preparing for a left turn or as otherwise provided by subsection (d) of this Code section. (c) On roads, streets, or highways with two lanes allowing for movement in the same direction, it shall be unlawful for any truck to operate in the left-hand lane, except when the truck is actually overtaking and passing another vehicle, preparing for a left turn, or as otherwise provided by subsection (d) of this Code section. (d) On interstate highways with four or more lanes allowing for movement in the same direction, the Department of Transportation may designate specific lanes that either prohibit or allow trucks. Where truck usage has been so designated and indicated as such by signs erected by the Department of Transportation, it shall be unlawful for any truck to operate in any lanes other than as designated."
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.
Approved April 27, 2001.

____________GEORGIA LAWS 2001 SESSION__________1051
LOCAL GOVERNMENT - REDEVELOPMENT.
Code Section 36-44-3 Amended.
No. 324 (House Bill No. 366).
AN ACT
To amend Code Section 36-44-3 of the Official Code of Georgia Annotated, relating to definitions regarding redevelopment powers, so as to change certain provisions regarding items which qualify as redevelopment; to change certain provisions regarding financing costs which qualify as redevelopment costs; 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 36-44-3 of the Official Code of Georgia Annotated, relating to definitions regarding redevelopment powers, is amended by striking paragraph (5) and inserting in its place a new paragraph (5) to read as follows:
"(5) 'Redevelopment' means any activity, project, or service necessary or incidental to achieving the development or revitalization of a redevelopment area or a portion thereof designated for redevelopment by a redevelopment plan. Without limiting the generality of the foregoing, redevelopment may include any one or more of the following:
(A) The construction of any building or other facility for use in any business, commercial, industrial, governmental, educational, charitable, or social activity; (B) The renovation, rehabilitation, reconstruction, remodeling, repair, demolition, alteration, or expansion of any existing building or other facility for use in any business, commercial, industrial, governmental, educational, charitable, or social activity; (C) The construction, reconstruction, renovation, rehabilitation, remodeling, repair, demolition, alteration, or expansion of public or private housing; (D) The construction, reconstruction, renovation, rehabilitation, remodeling, repair, demolition, alteration, or expansion of public works or other public facilities necessary or incidental to the provision of governmental services; (E) The identification, preservation, renovation, rehabilitation, reconstruction, remodeling, repair, demolition, alteration, or restoration of buildings or sites which are of historical significance; (F) Improving or increasing the value of property; and (G) The acquisition and retention or acquisition and disposition of property for redevelopment purposes or the use for redevelopment purposes of property already owned by a political subdivision or any agency or instrumentality thereof."

1052_____GENERAL ACTS AND RESOLUTIONS, VOL. I________
SECTION 2. Said Code section is further amended by striking subparagraph (B) ofparagraph (8) and inserting in its place a new subparagraph (B) to read as follows:
'(B) Financing costs, including, but not limited to, all necessary and incidental expenses related to the issuance of obligations and which may include payment of interest on any obligations issued under this chapter occurring during the estimated period of construction of any project with respect to which any capital costs within the meaning of subparagraph (A) ofthis paragraph are financed in whole or in part by such obligations and for a period not to exceed 42 months after completion of any such construction and including reasonable reserves related thereto and all principal and interest paid to holders of evidences of indebtedness issued to pay for other redevelopment costs and any premium paid over the principal amount thereof because of the redemption of such obligations prior to maturity;'.
SECTION 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 4. All laws and parts of laws in conflict with this Act are repealed.
Approved April 27, 2001.
GAME AND FISH - SHRIMP TAKEN FOR BAIT; BAIT DEALERS.
Code Section 27-4-171 Amended.
No. 325 (House Bill No. 370).
AN ACT
To amend Part 3 of Article 4 of Chapter 4 of Title 27 of the Official Code of Georgia Annotated, relating to taking shrimp for bait, so as to provide that no licensed bait dealer and no employee of a licensed bait dealer may hold a commercial cast net license; to provide that any live bait shrimp dealership which is not within one-half mile of public salt-water angling access and which derives at least $5,000.00 of earned income from the sale of recreational fishing supplies, and accessories shall be exempt from requirements ofproviding such access; to provide for the maintenance of records; to provide for the contents of the report of a licensed bait dealer; to repeal certain provisions relating to the number of boats engaged in bait shrimping; to repeal conflicting laws; and for other purposes.

____________GEORGIA LAWS 2001 SESSION__________1053
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Part 3 of Article 4 of Chapter 4 of Title 27 of the Official Code of Georgia Annotated, relating to taking shrimp for bait, is amended by striking in its entirety Code Section 27-4-171, relating to bait dealers, and inserting in lieu thereof the following:
'27-4-171.
(a)(l) It shall be unlawful for any person to engage in the taking of shrimp for live bait to be sold, to engage in the sale of shrimp for live bait, or to engage in the sale of shrimp for dead bait unless the person has a bait dealer license and possesses a valid personal commercial fishing license as provided in Code Section 27-2-23 or is an employee of a licensed bait dealer and possesses a valid personal commercial fishing license as provided in Code Section 27-2-23. No bait dealer license shall be issued to a person holding a commercial food shrimp cast netting license issued pursuant to Part 5 of this article. Any license issued pursuant to this Code section shall be invalid immediately upon the holder's obtaining such a commercial food shrimp cast netting license. No bait dealer license shall be issued for an individual whose establishment is located on any dock or other facility, including platforms, walkways, and buildings, which is one contiguous unit and where shrimp taken pursuant to Code Section 27-4-133 are unloaded, handled, processed, sold, or otherwise distributed or where boat docking space is provided for such activities; provided, however, that such prohibition shall not apply to any person who was granted a bait dealer license for the period from April 1, 1993, through March 31,1994, and whose bait dealer 1 icense was not revoked and provided, further, that such exemption shall terminate immediately if the person's current bait dealer license is revoked by the commissioner or if he or she is found guilty of a violation of the provisions of this Code section. (2) In addition to complying with subsection (b) of this Code section, any applicant for a bait dealer license must first file with the commissioner a forfeiture bond in the form prescribed by the department, executed by a bonding, surety, or insurance company licensed to do business in this state, in the favor of the state in the amount of $2,000.00, conditioned upon the faithful compliance by the person and all his or her employees with all the laws and regulations relating to the taking, possession, and sale of bait shrimp, provided that a cash forfeiture bond in like amount may be substituted in lieu of the commercial bond provided for in this Code section. The term of the bond shall be one year and shall correspond to the period of the bait dealer license, which shall be April 1 to March 31. The bond shall be in addition to the commercial fishing boat license, where applicable, required by Code Section 27-2-8 and in addition to the personal commercial fishing license required by this Code section. Notation of execution of the bond shall be stamped or endorsed on the applicant's bait dealer license.

1054_____GENERAL ACTS AND RESOLUTIONS, VOL. I________
(3) Trawler licenses for bait shrimp trawling shall not be issued to any person who does not possess a valid bait dealer license unless such person is an employee of a licensed bait dealer. (4) In addition to the general provisions of this Code section, the Board of Natural Resources is authorized to promulgate rules and regulations establishing the gear and methods allowed for commercial bait shrimping. (5) It shall be unlawful for any person engaging in the taking of shrimp for live bait pursuant to this Code section to:
(A) Use any power-drawn net which is larger than a 20 foot net as defined in paragraph (72.1) of Code Section 27-1-2 or constructed of mesh smaller than one inch or greater than one and three-eighths inches when stretched; (B) Engage in the taking of shrimp pursuant to this Code section at any time except between the hours of one-half hour before official sunrise and one-half hour after official sunset. All salt waters of this state shall be closed to the taking of shrimp pursuant to this Code section, except those rivers or creeks or portions thereof opened to such taking. The determination of whether to open or close a river or creek or portion thereof shall be made by the commissioner or his or her designee in accordance with current, sound principles of wildlife research and management as provided by Code Section 27-4-130; (C) Have on board the boat used for the taking more than 50 quarts of shrimp at any one time, no more than 10 percent of which may be dead; (D) Fail to maintain on the commercial fishing boat bait-holding facilities which comply with the requirements set forth in subsection (b) of this Code section, except that it shall not be necessary for the boat to meet the requirements of paragraph (5) of subsection (b) of this Code section; or (E) Hold a valid commercial food shrimp castnetting license issued pursuant to Part 5 of this article or to employ any person holding such a commercial food shrimp cast netting license. (b) After April 1, 1995, all applicants for bait dealer licenses and, except as provided in subsection (a) of this Code section, all licensed bait dealers shall have and maintain facilities meeting the following requirements: (1) Live bait shrimp facilities must be located within the salt waters of the state, as defined by the salt-water demarcation line described in Code Section 27-4-1, and such facilities must consist of either floating bait containers or tanks with circulating or recirculating systems to provide an exchange of salt waters. Floating bait containers must be permanently affixed to docks or other permanent structures which are attached to high ground above the high water mark and must be constructed with adequate openings to provide for a steady exchange of salt water. Tanks with circulating salt-water systems must include adequate spray outlets to provide aeration as well as sufficient water inlets to create a circulating flow within the bait tank; (2) All live shrimp-holding facilities must be constructed ofnontoxic materials or materials which have been properly treated with an approved nontoxic substance. The facilities must be maintained in a condition conducive to

_____________GEORGIA LAWS 2001 SESSION__________1055
keeping shrimp alive, which requires regular cleaning and the removal of dead shrimp; (3) Any live bait shrimp dealership which is not within one-half mile of public salt-water angling access shall be required to maintain public access to customers through such services as public launching facilities, public fishing docks or platforms, or other forms of salt-water access during all tidal stages, including without limitation vehicular access and public parking; provided, however, that any live bait dealership which derives at least $5,000.00 of earned income from the sale of recreational fishing supplies and accessories associated with salt-water angling shall be exempt from the provisions of this paragraph. Any dealer claiming such exemption shall provide such records as the department deems necessary to evidence such sales; (4) No organisms other than shrimp may be held in live shrimp bait tanks; and (5) Freezer storage sufficient to freeze and to keep frozen any shrimp which die while in possession of the dealer and which are to be sold as dead bait must be maintained on the premises of the established bait dealership. (c) Except as provided for in subsection (j) of this Code section, it shall be unlawful for any licensed bait dealer to allow shrimp to be removed from the premises of his or her established bait dealership unless it is sold as: (1) Live bait in a container of such size as to ensure that all live shrimp therein are covered by a minimum of one inch of salt water; or (2) Dead bait which has been packaged with heads on and frozen. The packages shall contain not more than one quart of dead shrimp and must be clearly marked with letters at least one-half inch in height to read as follows: 'SOLD FOR BAIT ONLY.' Dead bait purchased for resale must be purchased from a licensed bait dealer and must be packaged and labeled as described in this Code section. (d) It shall be unlawful for any licensed bait dealer to fail to keep all shrimp in salt-water tanks meeting the standards prescribed in subsection (b) of this Code section unless and until such shrimp die, in which case the shrimp shall be promptly frozen and packaged as dead bait. It shall also be unlawful for any licensed bait dealer intentionally to cause or allow live shrimp to die. (e) It shall be unlawful for any person to use, for other commercial fishing purposes, any equipment which has been used for obtaining live bait pursuant to this Code section. (f) It shall be unlawful for any licensed bait dealer or any of his or her employees to have or permit in or on a commercial bait fishing boat owned by the dealer or such employees and used for bait shrimping pursuant to this Code section or to have or permit in or on the premises of the established bait dealership any shrimp caught, sold, to be sold, or to be disposed offer human consumption. (g) It shall be unlawful for a licensed bait dealer to fail to maintain at all times a daily record book showing, for each transaction, the amount of bait shrimp purchased, the person from whom it was purchased, and the date of such purchase, as well as the amount of live shrimp and the amount of dead shrimp sold daily. Any such report shall include, without limitation, any transaction

1056_____GENERAL ACTS AND RESOLUTIONS, VOL. I_______
between licensed bait dealers and shall provide the name of the dealership acting as the seller in the transaction. Written reports of such transactions for each month shall be submitted to the department no later than the fifth day of the subsequent month in a format prescribed by the department, (h) It shall be unlawful for any person to sell or otherwise dispose of, for human consumption, any shrimp caught pursuant to this Code section or to possess such shrimp for the purpose of sale or other distribution for human consumption or personally to consume such shrimp. Possession of shrimp with heads off shall be prima-facie evidence that the shrimp are to be sold for human consumption or are personally to be consumed. Possession of more than 20 quarts of unlabeled, unpackaged, or unfrozen heads-on shrimp shall be prima-facie evidence that such shrimp are to be used for human consumption or are personally to be consumed, (i) It shall be unlawful for any licensed bait dealer or an employee of such person to sell or otherwise distribute to any one person, within a 24 hour period, more than eight quarts of shrimp taken pursuant to this Code section. It shall also be unlawful for any person to buy, within a 24 hour period, more than eight quarts of shrimp taken pursuant to this Code section. (j) It shall be unlawful to sell, unload, or otherwise dispose of shrimp taken pursuant to this Code section at any place other than the licensed bait dealership for which the bait was taken. This subsection shall not prohibit:
(1) The transfer from the boat taking such shrimp to an approved vehicle with aeration equipment to keep shrimp alive which will unload shrimp so taken at a licensed bait dealership so long as the amount of bait being transferred does not exceed 50 quarts; or (2) The interstate import of bait shrimp provided that a bona fide bill of lading accompanies such shrimp as proof that such shrimp were not taken or transported in violation ofthis Code section or the laws ofthejurisdiction from which the bait shrimp originated. (k) It shall be unlawful for any licensed bait dealer to have, at his or her established bait dealership at one time, more than 200 quarts of live shrimp. It shall also be unlawful for more than 10 percent of the shrimp at the dealership or 20 quarts, whichever amount is less, to be dead shrimp unless the dead shrimp in excess of such percentage are promptly frozen and packaged as dead bait as required by paragraph (2) of subsection (c) and subsection (d) of this Code section. (1) It shall be unlawful for any person taking shrimp pursuant to this Code section to fail to have positioned on the bow or cabin of the boat taking the shrimp a board with a background color of daylight fluorescent orange with such numerals and letters painted or affixed thereon as are specified by the department for a particular established bait dealership. The numerals and letters shall be at least 16 inches in height and two inches in width or thickness, black in color, of block character, clearly legible, and spaced so as to be readable from the air from left to right. The numerals and letters required for compliance with this subsection shall be assigned by the department at the time the bait dealer licenses are issued pursuant to Code Section 27-2-23.

_____________GEORGIA LAWS 2001 SESSION__________1057
(m) It shall be unlawful for more than one boat to be engaged in the taking of shrimp at any one time for an established bait dealer. (n) It shall be unlawful for any licensed bait dealer to fail to publicly advertise his or her facility. For the purpose of advertising in accordance with this subsection, each established bait shrimp dealer shall display prominently on the road or drive leading to the facility and on any related dock a sign or signs which shall include the following: (1) 'LIVE BAIT FOR SALE' and (2) the hours and days of operation. Signs shall be at least 24 inches by 18 inches in size and shall display letters and numbers at least three inches in height, (o) Notwithstanding subsections (i) and (j) of this Code section, it shall be lawful for a licensed bait dealer to sell live bait shrimp taken pursuant to this Code section to another licensed bait dealer if the department has been previously notified of the destination of the shrimp to be sold and the time and approximate amount of the sale and if the department has approved the equipment for transferring such shrimp. Transportation and transfer of live bait shrimp between bait dealers shall not exceed the 50 quart possession limit for commercial bait trawlers as provided in subsection (a) of this Code section. Except as provided for in subsection (j) of this Code section, land transportation of quantities greater than eight quarts of live shrimp is prohibited and shall be prima-facie evidence of a violation of this Code section. (p) It shall be unlawful for any licensed bait dealer to fail to have and display any current business license required by the county or city in which the bait dealership is located and a sales tax certificate of registration issued pursuant to Code Section 48-8-59. (q) Before the Department of Natural Resources issues a bait dealer license the Department of Natural Resources shall inspect the bait dealer facilities, to determine if the facilities comply with the requirements of this Code section and Code Section 48-8-59, within 30 days from the time application for license is received.'
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.
Approved April 27, 2001.

1058_____GENERAL ACTS AND RESOLUTIONS, VOL. I________
LAW ENFORCEMENT OFFICERS AND AGENCIES - GEORGIA BUREAU OF INVESTIGATION; NARCOTICS AGENTS; RETIREMENT.
Code Sections 35-3-9 and 35-3-10 Amended.
No. 326 (House Bill No. 389).
AN ACT
To amend Article 1 of Chapter 3 of Title 35 of the Official Code of Georgia Annotated, relating to general provisions relative to the Georgia Bureau of Investigation, so as to repeal a prohibition against narcotics agents being members of the Employees' Retirement System of Georgia; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Article 1 of Chapter 3 of Title 35 of the Official Code of Georgia Annotated, relating to general provisions relative to the Georgia Bureau of Investigation, is amended by striking in its entirety subsection (h) of Code Section 35-3-9, relating to narcotics agents, and inserting in lieu thereof the following:
'(h) Persons retained as narcotics agents shall be considered persons in the service of the bureau under a contract of hire with that agency whose employment of those persons as narcotics agents shall be considered an employment in the usual course of the business of that agency. Persons retained by the bureau as narcotics agents shall have all the rights and privileges of other employees of the bureau; provided, however, that such persons shall be in the unclassified service of the State Merit System of Personnel Administration and therefore shall not be governed by any rules of position, classification, appointment, promotion, demotion, transfer, dismissal, qualification, compensation, seniority privileges, tenure, or other such matters concerning their employment established by the State Personnel Board, the State Merit System of Personnel Administration, or any successor boards or agencies."
SECTION 2. Said article is further amended by striking in its entirety Code Section 35-3-10, relating to participation by bureau personnel and director in the Employees' Retirement System of Georgia, and inserting in lieu thereof the following:
'35-3-10. All personnel and the director of the bureau are authorized to be members of the Employees' Retirement System of Georgia, as established by Chapter 2 of Title 47. All rights, credits, and funds in the retirement system which are possessed by any personnel of the bureau, including the director, at the time of employment in the bureau are continued; and it is the intention of the General Assembly that

____________GEORGIA LAWS 2001 SESSION__________1059
such personnel and the director shall not lose any rights, credits, or funds to which they were entitled prior to being employed with the bureau.*
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.
Approved April 27, 2001.
LOCAL GOVERNMENT - MOTOR VEHICLES; IDENTIFICATION; EXEMPTIONS.
Code Section 36-80-20 Amended.
No. 327 (House Bill No. 400).
AN ACT
To amend Chapter 80 of Title 36 of the Official Code of Georgia Annotated, relating to general provisions regarding counties, municipal corporations, and other governmental entities, so as to provide for additional exclusions with respect to certain vehicle decal or display requirements; 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 80 of Title 36 of the Official Code of Georgia Annotated, relating to general provisions regarding counties, municipal corporations, and other governmental entities, is amended by striking Code Section 36-80-20, relating to vehicle decal or seal display requirements, and inserting in its place a new Code Section 36-80-20 to read as follows:
'36-80-20. (a) Every motor vehicle which is owned or leased by any county, municipality, regional development center, county or independent school system, commission, board, or public authority or which has been purchased or leased by any public official or public employee with public funds shall have affixed to the front door on each side of such vehicle a clearly visible decal or seal containing the name of or otherwise identifying such governmental entity. (b) The requirements of subsection (a) of this Code section shall not apply to:
(1) Any vehicle used for law enforcement or prosecution purposes; (2) Any vehicle owned or leased by a county, municipality, or public housing authority expressly excepted from the provisions of this Code section by ordinance or resolution adopted by the governing authority of a county,

1060______GENERAL ACTS AND RESOLUTIONS, VOL. I_______
municipality, or public housing authority following a public hearing on the subject held no more than 14 days prior to the adoption of the resolution or ordinance. Any such public hearing shall be advertised one time in the legal organ of the county at least seven days prior to the hearing date. Any such exemption under this paragraph shall be for a period of no more than 12 months at a time and may be renewed annually following a public hearing as required by this paragraph and advertisement as required by this paragraph.'
SECTION 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.
Approved April 27, 2001.
COURTS - SUPERIOR COURTS; ADDITIONAL JUDGES FOR AUGUSTA, GWINNETT, ROME, AND ATLANTA CIRCUITS.
Code Section 15-6-2 Amended.
No. 328 (House Bill No. 450).
AN ACT
To amend Code Section 15-6-2 of the Official Code of Georgia Annotated, relating to the number of superior court judges for each judicial circuit, so as to create a new eighth superior court judgeship for the Augusta Judicial Circuit, a new eighth superior court judgeship for the Gwinnett Judicial Circuit, a new fourth superior court judgeship for the Rome Judicial Circuit, and a new nineteenth superior court judgeship for the Atlanta Judicial Circuit; to provide for the initial appointment, election, and term of office of each such judge; to provide for the qualifications and for the compensation, salary, and expense allowance of said judges to be paid by the State of Georgia and the counties comprising the respective judicial circuits; to provide for jurors; to authorize the judges of said circuits to divide and allocate the work and duties thereto and provide for the duties ofthe chiefjudges and presiding judges; to provide for powers, duties, and responsibilities ofjudges of said circuit; to provide for additional court reporters and personnel and the compensation of such reporters and personnel; to declare inherent authority; to provide effective dates; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

____________GEORGIA LAWS 2001 SESSION__________1Q61
PARTI SECTION 1.
Code Section 15-6-2 of the Official Code of Georgia Annotated, relating to the number of superior court judges for each judicial circuit, is amended by striking paragraphs (3), (5), and (20) in their entirety and inserting in lieu thereof new paragraphs to read as follows:
'(3) Atlanta Circuit .......................................... 19'
'(5) Augusta Circuit ......................................... 8'
'(20) Gwinnett Circuit ....................................... 8'
PART II SECTION 2.
Code Section 15-6-2 of the Official Code of Georgia Annotated, relating to the number of superior court judges for each of the judicial circuits, is amended by striking paragraph (33) of said Code section in its entirety and inserting in lieu thereof a new paragraph (33) to read as follows:
'(33) Rome Circuit ......................................... 4'
PART III SECTION 3.
The number of superior court judges of the Augusta Judicial Circuit is increased from seven to eight. The initial judge to fill the eighth judgeship shall be appointed by the Governor for a term beginning January 1, 2002, and ending December 31, 2002, and until a successor is elected and qualified. Thereafter, said eighth judge shall be elected in 2002 and quadrennially thereafter for a term of office of four years and until his or her successor is duly elected and qualified.
SECTION 4. The qualifications of such additional judge of the Augusta Judicial Circuit and his or her successors shall be the same as are now provided by law for all other superior court judges, and such judge's compensation, salary, and expense allowance from the State of Georgia and from the counties of such circuit shall be the same as that of the other judges of the superior courts of the Augusta Judicial Circuit. The provisions, if any, heretofore enacted for the supplementation by the counties of said circuit of the salary of the judge of the superior courts of the Augusta Judicial Circuit shall also be applicable to the additional judge provided for by this Act.

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SECTION 5. The eightjudges ofthe superior courts ofthe Augusta Judicial Circuit in transacting the business of said courts and in performing their duties and responsibilities shall share, divide, and allocate the work and duties to be performed by each. In the event of any disagreement between or among said judges in any respect thereof, the decision of the senior judge in point of service, who shall be known as the chief judge, shall be controlling. The eight judges of the superior courts of the Augusta Judicial Circuit shall have and they are clothed with full power, authority, and discretion to determine, from time to time and from term to term, the manner of calling the dockets or fixing the calendars and order of business in said courts. They may assign to one or more of said judges the hearing of trials by jury for a term and the hearing of all other matters not requiring a trial by jury to one or more of the other judges, and they may rotate such order of business at the next term. They may conduct trials by jury at the same time in the same county or otherwise within said circuit, or they may hear chambers business and motion business at the same time at any place within said circuit. They may provide in all respects for holding the superior courts of said circuit so as to facilitate the hearing and determination of all the business of said courts at any time pending and ready for trial or hearing. In all such matters relating to the manner of fixing, arranging for, and disposing of the business of said courts and of making appointments as authorized by law where the judges thereof cannot agree or shall differ, the opinion or order of the chiefjudge, as defined in this section, shall control.
SECTION 6. The eight judges of the superior court of the Augusta Judicial Circuit shall be authorized and empowered to appoint an additional court reporter for said circuit, whose compensation shall be as now or hereafter provided by law.
SECTION 7. Nothing herein enumerated shall be deemed to limit or restrict the inherent powers, duties, and responsibilities ofthe superior courtjudges provided by the Constitution and statutes of the State of Georgia.
PART IV SECTION 8.
The additional judge of the superior court of the Gwinnett Judicial Circuit shall be appointed by the Governor for a term beginning January 1, 2002, and expiring December 31, 2002, and until his or her successor is elected and qualified. At the general election to be held in 2002, there shall be elected a successor to the first additional judge appointed as provided for above, and he or she shall take office on the first day of January, 2003, and serve for a term of office of four years and until his or her successor is duly elected and qualified. All subsequent successors to such judge shall be elected at the general election conducted in the year in which the term of office shall expire for a term of four years and until his or her successor is

____________GEORGIA LAWS 2001 SESSION__________1063
duly elected and qualified. Said elections shall be held and conducted as is now or may hereafter be provided by law for the election ofjudges of the superior courts of the State of Georgia.
SECTION 9. The additional judge of the superior court of the Gwinnett Judicial Circuit shall have and may exercise all powers, duties, dignities, jurisdiction, privileges, and immunities of the present judges of the superior courts of this state. Any of the eight judges of said court may preside over any cause, whether in their own or in other circuits, and perform any official act as judge thereof, including sitting on appellate courts as provided by law.
SECTION 10. The compensation, salary, and contingent expense allowance of said additional judge of the superior court of the Gwinnett Judicial Circuit shall be the same as that of other judges of the superior courts of Georgia. The additional judge shall also be paid a county supplement by the county comprising said circuit in the same manner and to the same extent as the present superior court judges of said circuit are paid.
SECTION 11. All writs, processes, orders, subpoenas, and any other official paper issuing out of the superior court of the Gwinnett Judicial Circuit may bear teste in the name of any judge of said circuit and, when issued by and in the name of any of said judges of said circuit, shall be fully valid and may be held and determined before any judge of said circuit.
SECTION 12. Upon and after qualifications of the additional judge of the superior court of the Gwinnett Judicial Circuit, the eight judges of said court shall be authorized to adopt, promulgate, amend, and enforce such rules ofprocedure in consonance with the Constitution and laws of the State of Georgia as they deem suitable and proper for the effective transaction of the business of the court; and, in transacting the business of the court and in performing their duties and responsibilities, they shall divide and allocate the work and duties to be performed by each. In the event of a disagreement between or among said judges affecting the duties and responsibilities of the judges of the superior court of the Gwinnett Judicial Circuit, the decision of the senior judge in term of current continuous, uninterrupted service shall be controlling.
SECTION 13. The judge of said court, senior in term of current continuous, uninterrupted service as a judge of the superior court, shall be the presiding judge of said court in whom shall be vested the power to make all appointments whenever the law provides for the superior court judge to make appointments, except as herein provided.

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SECTION 14. The drawing and impaneling of all jurors, whether grand, petit, or special, may be by any of the judges of the superior court of said circuit; and any such judge of the superior court of said circuit shall have full power and authority to draw and impanel jurors for service in said court so as to have jurors for the trial of cases before each of said judges separately or before each of them at the same time.
SECTION 15. The eight judges of the superior court of the Gwinnett Judicial Circuit shall be authorized and empowered to employ an additional court reporter for such duties and for such compensation as such judges see fit, up to and including, but not exceeding, the remuneration ofthe present court reporters ofthe Gwinnett Judicial Circuit as the same is now fixed or may hereafter be fixed.
SECTION 16. The governing authority of the county comprising the Gwinnett Judicial Circuit is fully authorized and empowered to provide suitable courtrooms, jury rooms, and chambers for the eightjudges ofthe superior court ofthe Gwinnett Judicial Circuit upon the recommendation of said judges.
PARTY SECTION 17.
A newjudge ofthe superior courts is added to the Rome Judicial Circuit, increasing the number ofjudges to four.
SECTION 18. Such additional judge of the Rome Judicial Circuit shall be appointed by the Governor to take office within 30 days after the date this Act becomes law, for a term ending December 31, 2002, and until the election and qualification of a successor. Thereafter, such additional judge shall be elected in a manner provided by law for the election ofjudges of the superior courts of this state at the general election in November, 2002, for a term offour years beginning on January 1,2003, and until the election and qualification of a successor. Future successors shall be elected at the general election each four years thereafter for terms offour years and until the election and qualification of a successor. They shall take office on the first day of January following the date of the election. Such elections shall be held and conducted in a manner provided by law for the election ofjudges of the superior courts of this state.
SECTION 19. Said additional judge of the Rome Judicial Circuit shall have and may exercise all powers, duties, dignity, jurisdiction, privileges, and immunities of the present judges of the superior courts of this state. Any of the four judges of the superior

____________GEORGIA LAWS 2001 SESSION__________1065
courts of said circuit may preside over any case therein and perform any official act as judge thereof.
SECTION 20. The compensation, salary, and contingent expense allowance of said additional judge of the Rome Judicial Circuit shall be the same as that of the other judges of the Superior Court of the Rome Judicial Circuit.
SECTION 21. The four judges of the Rome Judicial Circuit, in transacting the business of the superior courts of said circuit and in performing their duties and responsibilities shall share, divide, and allocate the work and duties to be performed by each of them. In the event of disagreement between said judges in respect to the allocation of work and duties, the decision of the senior judge in point of continuous service as superior court judge shall be controlling. In the event that none of said judges shall be senior in point of continuous service as superior court judges, the judge who was first admitted to the State Bar shall be considered the senior judge.
SECTION 22. The judge of the Rome Judicial Circuit who is senior in point of continuous service as superior court judge shall be the presiding judge of said circuit. In the event that none of said judges shall be senior in point of continuous service as superior court judge, the judge who was first admitted to the State Bar shall be presiding judge.
PART VI SECTION 23.
A new judge of the superior court is added to the Atlanta Judicial Circuit, thereby increasing to 19 the number ofjudges of said circuit.
SECTION 24. The additional judge of the Atlanta Judicial Circuit appointed pursuant to this Act shall be appointed by the Governor for a term beginning January 1, 2002, and expiring December 31, 2002, and until a successor is elected and qualified. A successor to the initial judge shall be elected in a manner provided by law for the election of judges of the superior courts of this state at the general election in November, 2002, for a term of four years beginning on January 1, 2003, and until the election and qualification of a successor. Future successors shall be elected at the general election each four years thereafter for terms of four years and until the election and qualification of a successor. They shall take office on the first day of January following the date of the election. Such elections shall be held and conducted in a manner provided by law for the election of judges of the superior courts of this state.

1066_____GENERAL ACTS AND RESOLUTIONS, VOL. I________
SECTION 25. Said additional judge ofthe Atlanta Judicial Circuit shall have and may exercise all powers, duties, dignity, jurisdiction, privileges, and immunities of the present judges of the superior courts of this state. Any of the judges of the superior court of said circuit may preside over any case therein and perform any official act as judge thereof. The new judge is authorized to employ court personnel on the same basis as other judges of the Atlanta Judicial Circuit.
SECTION 26. The compensation, salary, and contingent expense allowance of said additional judge of the Atlanta Judicial Circuit shall be the same as that of the other judges of the superior court of the Atlanta Judicial Circuit. Any salary supplements heretofore enacted by the county of said circuit shall also be applicable to the additional judge provided for in this Act.
PART VII SECTION 27.
(a) For purposes ofmaking the initial appointments ofthejudges to fill the superior court judgeships created by this Act, this Act shall become effective upon its approval by the Governor or its becoming law without such approval. (b) For all other purposes, Section 1 of this Act shall become effective January 1, 2002, and Section 2 of this Act shall become effective 30 days after this Act becomes a law.
SECTION 28. All laws and parts of laws in conflict with this Act are repealed.
Approved April 27, 2001.
PROFESSIONS AND BUSINESSES - PROFESSIONAL LICENSES; SUSPENSIONS FOR EDUCATIONAL LOAN DEFAULTS.
Code Section 43-1-29 Enacted.
No. 329 (House Bill No. 532).
AN ACT
To amend Chapter 1 ofTitle 43 ofthe Official Code ofGeorgia Annotated, relating to general provisions relative to professions and businesses, so as to provide mandatory suspension ofprofessional licenses for default or breach ofa repayment or service obligation under any federal educational loan, loan repayment, or service

____________GEORGIA LAWS 2001 SESSION__________1067
conditional scholarship program; to provide for a notice; to authorize the division director to promulgate appropriate rules and regulations; to provide for reinstatement of such suspended licenses under certain conditions; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Chapter 1 of Title 43 of the Official Code of Georgia Annotated, relating to general provisions relative to professions and businesses, is amended by inserting at the end thereof a new Code Section 43-1-29 to read as follows:
'43-1-29. A professional licensing board shall suspend the license of a person licensed by that board who has been certified by a federal agency and reported to the board for nonpayment or default or breach of a repayment or service obligation under any federal educational loan, loan repayment, or service conditional scholarship program. Prior to the suspension, the licensee shall be entitled to notice of the board's intended action and opportunity to appear before the board according to procedures set forth by the division director in rules and regulations. A suspension of a license under this Code section is not a contested case under Chapter 13 of Title 50, the 'Georgia Administrative Procedures Act.' A license suspended under this Code section shall not be reinstated or reissued until the person provides the licensing board a written release issued by the reporting agency stating that the person is making payments on the loan or satisfying the service requirements in accordance with an agreement approved by the reporting agency. If the person has continued to meet all other requirements for licensure during the period of suspension, reinstatement of the license shall be automatic upon receipt of the notice and payment of any reinstatement fee which the board may impose."
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.
Approved April 27, 2001.

1068_____GENERAL ACTS AND RESOLUTIONS, VOL. I_______
REVENUE AND TAXATION - SALES AND USE TAX; EXEMPTION FOR SALES TO NONPROFIT ORGANIZATIONS SERVING THE MENTALLY RETARDED.
Code Section 48-8-3 Amended.
No. 330 (House Bill No. 558).
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 certain sales to nonprofit organizations providing services to mentally retarded persons; to provide for conditions and limitations; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to exemptions from state sales and use tax, is amended by adding a new paragraph immediately following paragraph (7), to be designated paragraph (7.1), to read as follows:
"(7.1) Sales of tangible personal property and services to a nonprofit organization, the primary function of which is the provision of services to mentally retarded persons, when such organization is a tax exempt organization under the Internal Revenue Code and obtains an exemption determination letter from the commissioner;'.
SECTION 2. This Act shall become effective on January 1, 2002.
SECTION 3. All laws and parts of laws in conflict with this Act are repealed:
Approved April 27, 2001.

____________GEORGIA LAWS 2001 SESSION__________1069
GAME AND FISH - SHRIMPING; TRAWL ROPE LENGTH.
Code Section 27-4-133 Amended.
No. 331 (House Bill No. 636).
AN ACT
To amend Code Section 27-4-133 of the Official Code of Georgia Annotated, relating to lawful nets for shrimping, opening and closing waters, and identification on boats taking shrimp, so as to provide that it shall be unlawful to trawl for shrimp for human consumption with a foot-rope length greater than 220 feet; to provide for exceptions; to provide for penalties; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Code Section 27-4-133 of the Official Code of Georgia Annotated, relating to lawful nets for shrimping, opening and closing waters, and identification on boats taking shrimp, is amended by inserting immediately following subsection (a) a new subsection to read as follows:
"(a. 1)(1) It shall be unlawful to trawl for shrimp for human consumption with any trawl or trawls having a total foot-rope length greater than 220 feet, not including the foot-rope length of a single trawl not greater than 16 feet when used as a try net. Foot-rope shall be measured from brail line to brail line, first tie to last tie on the bottom line. The department is authorized to exempt trawls used by persons holding a valid scientific collection permit granted by the department. (2) A vessel operator who violates the provisions of this subsection shall be guilty of a misdemeanor and, upon conviction, shall be fined not less than $500.00 nor more than $2,500.00 or imprisoned for not longer than thirty days or both, and any trawl on board the vessel shall be contraband and may be seized."
SECTION 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.
Approved April 27, 2001.

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AGRICULTURE - LICENSES AND FEES FOR CERTAIN DEALERS AND WAREHOUSEMEN.
Code Sections 2-1-5, 10-4-10, and 10-4-17 Amended.
No. 332 (House Bill No. 645).
AN ACT
To amend Chapter 1 of Title 2 of the Official Code of Georgia Annotated, relating to general provisions relating to agriculture, so as to change the provisions relating to the annual license fee of grain dealers, commercial feed dealers, and grain warehousemen; to amend Article 1 of Chapter 4 of Title 10 of the Official Code of Georgia Annotated, known as the "Georgia State Warehouse Act," so as to change the provisions relating to annual licenses; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Chapter 1 of Title 2 of the Official Code of Georgia Annotated, relating to general provisions relating to agriculture, is amended by striking Code Section 2-1-5, relating to the annual license fee of grain dealers, commercial feed dealers, and grain warehousemen, and inserting in its place the following:
"2-1-5. An individual conducting business as a grain dealer, commercial feed dealer, and grain warehouseman shall pay an annual license fee in an amount not to exceed $2,000.00."
SECTION 2. Article 1 of Chapter 4 of Title 10 of the Official Code of Georgia Annotated, known as the "Georgia State Warehouse Act," is amended by striking subsection (a) of Code Section 10-4-10, relating to annual licenses, and inserting in its place the following:
"(a) No person shall operate a warehouse as defined under this article in this state unless he or she has a valid, effective license issued by the Commissioner pursuant to this article for such warehouse. All such licenses shall expire on June 30 of each year. No license so issued shall describe more than one warehouse nor grant permission to operate any warehouse other than the one described therein, except that, if a warehouseman operates two or more warehouses in the same county or in adjoining counties or operates two or more grain warehouses in nonadjoining counties in conjunction with each other and if but one set of books and records is kept with respect to weight certificates, scale tickets, inspection certificates, and receipts issued for agricultural products stored in all

____________GEORGIA LAWS 2001 SESSION__________1071
such warehouses, only one license shall be required for the operation of all such warehouses.'
SECTION 3. Said article is further amended by striking Code Section 10-4-17, relating to license fees, and inserting in its place the following:
'10-4-17. Warehousemen coming under this article shall pay an annual license fee which includes all inspections in an amount based on storage capacity in an amount fixed by rule or regulation of the Commissioner. These fees shall not exceed actual cost of inspections and are inclusive. The amount paid shall be based on storage capacity and shall be at least $500.00 and no more than $2,000.00 for grain or cotton warehouses and $500.00 to $1,000.00 for other agricultural products facilities desiring to come under this article. Each license so issued shall expire on June 30 of each year, and each application for license must be accompanied by the license fee."
SECTION 4. All laws and parts of laws in conflict with this Act are repealed.
Approved April 27, 2001.
PUBLIC OFFICERS AND EMPLOYEES - LOCAL BOARD OF EDUCATION MEMBERS; STATE HEALTH PLAN.
Code Sections 20-2-55, 45-18-5, and 45-18-50 Amended.
No. 333 (House Bill No. 724).
AN ACT-
TO amend Code Section 20-2-55, relating to per diem and expenses of members of local boards of education, so as to authorize the inclusion of members of such boards in certain health insurance plans; to provide for employer and employee contributions; to amend Chapter 18 of Title 45 of Official Code of Georgia Annotated, relating to employees' insurance and benefit plans, so as to allow county board members to participate in such plans; to provide for certain definitions; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

1072_____GENERAL ACTS AND RESOLUTIONS, VOL. I_________
SECTION 1. Code Section 20-2-55 of the Official Code of Georgia Annotated, relating to per diem and expenses ofmembers of local boards of education, is amended by striking paragraph (1) of subsection (b) in its entirety and inserting in lieu thereof a new paragraph (1) to read as follows:
*(1) A local board of education is authorized to provide group medical and dental insurance for its members who elect to participate. Such insurance may be provided through a group policy secured by the local school district, a group policy secured by several local school districts, a policy secured by an organization of local school boards, or in accordance with Code Section 45-18-5 providing for the inclusion ofmembers ofthe local board ofeducation and their spouses and dependents within any health insurance plan or plans established under Article 1 of Chapter 18 of Title 45. It shall be the duty of the board to make the employer contributions required for the operation of such plan or plans. A board providing such insurance shall pay no greater percentage of the cost of that insurance than the percentage of the cost paid as an employer contribution by the state for the health insurance plan for state employees pursuant to Article 1 of Chapter 18 of Title 45. The remainder of such insurance costs, and all the costs of any coverage for family members, shall be paid as an employee contribution by the board member. It shall be the duty of the board to deduct from the salary or other remuneration of qualified members or otherwise collect such payment from the qualified members or dependents."
SECTION 2. Chapter 18 of Title 45 of the Official Code of Georgia Annotated, relating to employees' insurance and benefit plans, is amended by striking subsection (c. 1) of Code Section 45-18-5 in its entirety and inserting in lieu thereof a new subsection (c.l) to read as follows;
*(c.l) Any local board of education may elect for members thereof and their spouses and dependents to be included in any health plan or plans established under Code Section 20-2-918. It shall be the duty of any local boards of education so electing to deduct from the salary or other compensation of its members such payment as may be required under paragraph (1) of subsection (b) of Code Section 20-2-55 and to remit the same to the health insurance fund created under Code Section 20-2-918."
SECTION 3. Said chapter is further amended by striking paragraph (3) of Code Section 45-18-50, relating to definitions, and inserting in lieu thereof a new paragraph (3) to read as follows:
"(3) 'Employee' means a member of the General Assembly or a person who works full time for the state and receives his compensation in a direct payment from a department, agency, authority, or institution of state government; a county department of family and children services or a county department of

____________GEORGIA LAWS 2001 SESSION__________1073
health; a member of any local board of education; and public schoolteachers and public school employees as defined in Code Sections 20-2-880 and 20-2-910, exclusive of the members, employees, and officials of the Board of Regents of the University System of Georgia.'
SECTION 4. All laws and parts of laws in conflict with this Act are repealed.
Approved April 27, 2001.
STATE GOVERNMENT - APPROPRIATIONS; ADDITIONAL APPROPRIATION FOR EMPLOYMENT SECURITY LAW ADMINISTRATION.
No. 334 (House Bill No. 730).
AN ACT
To provide for the Department of Labor a supplemental appropriation, pursuant to and in accordance with provisions ofCode Section 34-8-81 ofthe Official Code of Georgia Annotated, relating to the creation and purposes of the Employment Security Administration Fund, and Code Section 34-8-85 of the Official Code of Georgia Annotated, relating to certain withdrawals from the Unemployment Trust Fund, of additional funds which are otherwise available to the Department of Labor out of funds credited to and held in this state's account in the Unemployment Trust Fund by the Secretary of the Treasury of the United States pursuant to Section 903 of the Social Security Act, as amended, for the purpose of providing for the payment ofexpenses of administration ofChapter 8 ofTitle 34 ofthe Official Code of Georgia Annotated, the "Employment Security Law," as amended, including personal services and operating and other expenses incurred in the administration of said law, as well as for the procurement, through purchase or rental, either or both, of offices, lands, buildings or parts of buildings, fixtures, furnishings, equipment, technology, data, reports and studies, supplies, and the construction of buildings or parts of buildings suitable for use in this state by the Department of Labor, and for the payment of expenses incurred for the construction, maintenance, improvements, or repair of or alterations to such real or personal property; to authorize the Commissioner of Labor to direct the obligation and expenditure of said funds and to employ workers, contract with persons, public and private agencies, corporations, and other entities, and to do all other things necessary to accomplish the purposes of this Act; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

1074_____GENERAL ACTS AND RESOLUTIONS, VOL. 1________
SECTION 1. There is appropriated to the Department of Labor out of funds credited to and held in this state's account in the Unemployment Trust Fund by the Secretary of the Treasury ofthe United States pursuant to and in accordance with Section 903 ofthe Social Security Act, as amended, an additional amount of $1,035,387.11. Of said additional amount, the sum of $1,035,387.11 is authorized to be allocated for expenses incurred in the administration ofChapter 8 ofTitle 34 ofthe Official Code of Georgia Annotated, the "Employment Security Law," as amended, including personal services and operating and other expenses incurred in the administration of said law, as well as for the purchase or rental, either or both, of improvements, repairs, or alterations to and of offices, lands, buildings or parts of buildings, fixtures, furnishings, equipment, technology, data, reports and studies, supplies, and the construction ofbuildings or parts ofbuildings suitable for use in this state by the Department of Labor, and for the payment of expenses incurred for the acquisition, purchase, rental, construction, maintenance, improvements, repairs, or alterations ofand to such real or personal property. Notwithstanding any other provision ofthis section, the amount appropriated in this Act shall not exceed the amount in the Unemployment Trust Fund which may be obligated for expenditure for such purposes as provided in Code Section 34-8-85 of the Official Code of Georgia Annotated, relating to certain withdrawals from the Unemployment Trust Fund, and the amount which may be obligated shall not exceed the limitations provided in Code Section 34-8-85 ofthe Official Code ofGeorgia Annotated, relating to certain withdrawals from the Unemployment Trust Fund; provided, however, that said additional funds shall not be obligated for expenditure, as provided in this Act, after the close of the two-year period which begins on the date of enactment of this Act.
SECTION 2. The Commissioner of Labor is authorized, pursuant to and in accordance with Section 903 of the Social Security Act, as amended, to requisition, and to direct the obligation and expenditure for use in such locations in this state as the Commissioner finds to be economical and desirable, such money as authorized in this Act and in Code Section 34-8-81 of the Official Code of Georgia Annotated, relating to the creation and purposes of the Employment Security Administration Fund, and Code Section 34-8-85 of the Official Code of Georgia Annotated, relating to certain withdrawals from the Unemployment Trust Fund, and, in the manner and for the purposes authorized in this Act, including personal services and operating and other expenses incurred in the administration of said laws, as well as for the procurement, through purchase or rental, either or both, of offices, lands, buildings or parts of buildings, fixtures, furnishings, equipment, technology, data, reports and studies, supplies, and the construction of buildings or parts of buildings suitable for use by the Department of Labor, for the payment of expenses incurred for the construction, maintenance, improvements, or repair of or alterations to such real or personal property, to employ workers, contract with persons, public and private agencies, corporations, and other entities, to allocate any unexpended amounts appropriated by this Act, and to do all other things necessary to

_____________GEORGIA LAWS 2001 SESSION__________1075
accomplish the purposes of this Act. The acquisition of any real or personal property and the expenditure of any funds appropriated by this Act shall be in accordance with this state's applicable laws existing on the effective date of this Act.
SECTION 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 4. All laws and parts of laws in conflict with this Act are repealed.
Approved April 27, 2001.
PROFESSIONS AND BUSINESSES - PRIVATE INVESTIGATORS; RECIPROCITY.
Code Section 43-38-6 Amended.
No. 335 (House Bill No. 736).
AN ACT
To amend Code Section 43-38-6 of the Official Code of Georgia Annotated, relating to licenses and qualifications for private investigators and security guards, so as to provide for reciprocity agreements with other states; to provide conditions for such agreements; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Code Section 43-38-6 of the Official Code of Georgia Annotated, relating to licenses and qualifications for private investigators and security guards, is amended by inserting at the thereof the following:
"(i) The board may, in its discretion and in accordance with regulations adopted by the board, enter into limited license recognition agreements with any other state or the District of Columbia having licensure requirements substantially equal to the requirements provided by this chapter pursuant to which a person so licensed in such state or district may conduct an investigation in this state directly related to an investigation which was initiated outside of this state; provided, however, that such privilege shall be limited to 30 days for each agency for each such investigation."

1076_____GENERAL ACTS AND RESOLUTIONS, VOL. I
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.
Approved April 27, 2001.
GAME AND FISH - HUNTING WITHOUT LANDOWNER'S PERMISSION.
Code Section 27-3-1 Amended.
No. 336 (House Bill No. 742).
AN ACT
To amend Code Section 27-3-1 ofthe Official Code ofGeorgia Annotated, relating to requirement of permission to hunt on lands of another, written permission, enforcement, and immunity of landowner from civil liability, so as to change certain provisions relating to punishment for violations; to provide for license ineligibility for certain persons; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Code Section 27-3-1 of the Official Code of Georgia Annotated, relating to general provisions relative to hunting, is amended by striking subsection (c) and inserting in lieu thereof the following:
"(c)(l) Except as otherwise provided in this subsection, any person who violates subsection (a) or (b) of this Code section shall be guilty of a misdemeanor and shall be punished by a fine of not less than $500.00. (2) Any person who violates subsection (a) or (b) of this Code section for the second time within a two-year period shall be guilty of a misdemeanor r>f a high and aggravated nature and shall be punished by a fine of not less than $1,000.00; and the department shall revoke the right of such person to a hunting license for a period of one year for each such second conviction within a two-year period. (3) Any person who violates subsection (a) or (b) of this Code section for a third or subsequent time within a three-year period shall be guilty of a misdemeanor of a high and aggravated nature and shall be punished by a fine of not less than $2,000.00; and the department shall revoke the right of such person to a hunting license for a period of three years for each such third or subsequent conviction within a three-year period. (4) The minimum fines and revocation periods specified in this subsection shall not apply, however, to an offender who is 17 years of age or younger.'

____________GEORGIA LAWS 2001 SESSION__________1077
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.
Approved April 27, 2001.
PROFESSIONS AND BUSINESSES - COSMETOLOGY.
Code Title 43, Chapter 10 Amended.
No. 337 (Senate Bill No. 116).
AN ACT
To amend Chapter 10 of Title 43 of the Official Code of Georgia Annotated, relating to cosmetologists, so as to change the definition of certain terms; to change certain provisions relating to application for certificate of registration to practice cosmetology; to change the provisions relating to qualifications for registration of cosmetologists, estheticians, and nail technicians; to change the qualifications for teachers and instructors of cosmetologists, estheticians, and nail technicians; to change certain provisions relating to reciprocity; to authorize the State Board of Cosmetology to waive certain education requirements under said chapter in cases of hardship, disability, or illness or under such other circumstances as the board deems appropriate with respect to applicants who were enrolled in a board approved school or had completed a board approved study course as of June 30, 2000; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Chapter 10 of Title 43 of the Official Code of Georgia Annotated, relating to cosmetologists, is amended by striking in their entirety paragraphs 8, 9, and 10 of Code Section 43-10-1, relating to definitions applicable under said chapter, and inserting in lieu thereof the following:
"(8) 'School of cosmetology' means any establishment that receives compensation for training more than one person in the occupation of cosmetology as defined in paragraph (4) of this Code section. Technical colleges whose programs have been approved by the Department of Technical and Adult Education or the Department of Education are not 'schools of cosmetology' within the meaning of this chapter; provided, however, that all such colleges and their programs shall be considered to be 'board approved.' (9) 'School of esthetics' means any establishment that receives compensation for training more than one person in the occupation of esthetics as defined in paragraph (5) of this Code section. Technical colleges whose programs have

K)78_____GENERAL ACTS AND RESOLUTIONS, VOL. I_________
been approved by the Department of Technical and Adult Education or the Department of Education are not 'schools of esthetics' within the meaning of this chapter; provided, however, that all such colleges and their programs shall be considered to be 'board approved.1 (10) 'School of nail care' means any establishment that receives compensation for training more than one person in the occupation of nail care or manicuring as defined in paragraph (6) of this Code section. Technical colleges whose programs have been approved by the Department of Technical and Adult Education or the Department of Education are not 'schools of nail care' within the meaning of this chapter; provided, however, that all such colleges and their programs shall be considered to be 'board approved."
SECTION 2.
Said chapter is further amended by striking in its entirety Code Section 43-10-9, relating to application for certificate of registration, and inserting in lieu thereof a new Code Section 43-10-9 to read as follows:
'43-10-9.
(a) Any person desiring to obtain a certificate ofregistration to enable him or her to engage in the occupation of cosmetology shall make application through the division director to the board and shall present proofthat he or she has obtained a high school diploma, a general educational development (GED) diploma, or a postsecondary education or college degree. If, after review of the application, it is determined that the applicant is at least 17 years of age; has met the minimum educational requirements; is of good moral character; has completed a 1,500 credit hour study course with at least nine months at a board approved school or has served as an apprentice in a beauty shop or beauty salon for a period of at least 3,000 credit hours; has practiced or studied the occupation of cosmetology; is possessed of the requisite skill in such occupation to perform properly all the duties of the occupation, including his or her ability in the preparation of tools, in performing the services mentioned in paragraph (4) of Code Section 43-10-1, and in all the duties and services incident thereto; has paid to the division director an examination fee in such amount as shall be set by the board by regulation; and has presented himself or herself at the next meeting of the board held for examination of applicants at which such person is scheduled for examination and has passed both a written and a practical examination, a certificate ofregistration shall be issued to him or her entitling him or her to practice the occupation of master cosmetologist. Notwithstanding any other provisions of this subsection, the board shall be authorized to waive any education requirements under this subsection in cases of hardship, disability, or illness or under such other circumstances as the board deems appropriate with respect to any applicant who was enrolled in a board approved school or had completed a board approved study course as of June 30, 2000. (b) Should an applicant under this Code section fail to pass the written or the practical examination, the board shall furnish the applicant a statement in writing, stating wherein the applicant was deficient. Nothing in this chapter shall be

____________GEORGIA LAWS 2001 SESSION__________1079
construed to prevent applicants from making subsequent applications to qualify under this Code section, provided they again pay the required examination fee. (c) An approved applicant for examination under this Code section may be issued a work permit authorizing said applicant to practice such occupation until the release of the results of the written and the practical examination for which the applicant is scheduled. If the applicant fails to appear for the examination or fails any portion of the examination, the work permit shall be revoked unless the applicant provides just cause to the board as to why the applicant was unable to appear for the examination. (d) Should an applicant have a current cosmetology license in force from another state or country, or territory of the United States, or the District of Columbia, where similar reciprocity is extended to this state and licensure requirements are substantially equal to those in this state, and have paid to the division director a fee in such amount as shall be set by the board by regulation, the applicant may be issued, without examination, a certificate of registration at the appropriate level, entitling the applicant to practice the occupation of cosmetology or the teaching of cosmetology at that level, unless the board, in its discretion, sees fit to require a written or a practical examination subject to the terms and provisions of this chapter. Notwithstanding any other provisions of this subsection, the board shall be authorized to waive any education or experience requirements applicable to any person who holds a current license or certificate to practice cosmetology outside ofthis state and who desires to obtain a license or certificate at a level authorized under this Code section to practice at such level in this state in cases of hardship, disability, or illness or under such other circumstances as the board deems appropriate. (e) Any person desiring to obtain a certificate of registration at the esthetician level under the terms of this chapter shall make application through the division director to the board and shall present proof that he or she has obtained a high school diploma, a general educational development (GED) diploma, or a postsecondary education or college degree. If, after review of the application, it is determined that the applicant is at least 17 years of age; has met the minimum educational requirements; is of good moral character; has completed a 1,000 credit hour study course of at least nine months at a board approved school or has served as an apprentice in a beauty shop or beauty salon for a period of at least 2,000 credit hours; has practiced or studied cosmetic skin care as defined in paragraph (5) of Code Section 43-10-1; is possessed of the requisite skill to perform properly these services; has paid to the division director an examination fee in such amount as shall be set by the board by regulation; and has presented himself or herself at the next meeting of the board for examination of applicants at which such person is scheduled for examination and has passed a written and a practical examination, a certificate of registration shall be issued to the applicant entitling the applicant to practice the occupation of cosmetology at the esthetician level. Notwithstanding any other provisions of this subsection, the board shall be authorized to waive any education requirements under this subsection in cases of hardship, disability, or illness or under such other

1080______GENERAL ACTS AND RESOLUTIONS, VOL. I_________
circumstances as the board deems appropriate with respect to any applicant who was enrolled in a board approved school or had completed a board approved study course as of June 30, 2000. (f) Any person desiring to obtain a certificate of registration at the nail technician level under the terms of this chapter shall make application through the division director to the board and shall present proof that he or she has obtained a high school diploma, a general educational development (GED) diploma, or a postsecondary education or college degree. If, after review of the application, it is determined that the applicant is at least 17 years of age; has met the minimum educational requirements; is of good moral character; has completed a 525 credit hour study course of at least four months at a board approved school or has served as an apprentice in a beauty shop or beauty salon for a period of at least 1,050 credit hours; has practiced or studied nail care; is possessed of the requisite skill to perform properly these services; has paid to the division director an examination fee in such amount as shall be set by the board by regulation; and has presented himself or herself at the next meeting of the board held for examination of applicants at which such person is scheduled for examination and has passed both a written and a practical examination, a certificate of registration shall be issued to the applicant entitling the applicant to practice the occupation of cosmetology at the nail technician level. Notwithstanding any other provisions of this subsection, the board shall be authorized to waive any education requirements under this subsection in cases of hardship, disability, or illness or under such other circumstances as the board deems appropriate with respect to any applicant who was enrolled in a board approved school or had completed a board approved study course as of June 30, 2000. (g) Nothing in this Code section shall be construed as preventing a person from obtaining a certificate of registration for the occupation of cosmetology at the master level, the esthetician level, or the nail technician level if such person obtains his or her credit hour study at a State Board of Education approved school or a technical institute under the jurisdiction of the Department of Technical and Adult Education or the Department of Education rather than at a board approved school. (h) A person licensed to practice barbering under Chapter 7 of this title shall be eligible to take the master cosmetologist examination provided for in this Code section if that person completes a board approved 250 hour prescribed course in an approved cosmetology school, submits a completed application, and pays the proper fees established by the board."
SECTION 3. Said chapter is further amended by striking in its entirety subsection (e) of Code Section 43-10-12. relating to regulation and permits for schools, teachers, and instructors, and inserting in lieu thereof a new subsection (e) to read as follows:
"(e)(l) All teachers or instructors shall devote their entire time to instruction of students. Any person desiring to teach or instruct in any school of cosmetology, school of esthetics, or school of nail care shall first file his or her

__________GEORGIA LAWS 2001 SESSION__________1Q81
application with the division director for a license, shall pay a fee in such amount as shall be set by the board by regulation, and shall successfully pass both a written and a practical examination to become an instructor.
(2)(A) A person desiring to teach at the master level shall satisfy the board that he or she:
(i) Holds a current cosmetology license at the master level and is a high school graduate, has a general education development (GED) diploma, or has a postsecondary education or college degree; (ii) Has 1,500 hours of instructor training in cosmetology at a board approved school; and (iii) Has one year of work experience at the master level. (B) A person holding a current cosmetology license at the master level who is a high school graduate, has a general education development (GED) diploma, or has a postsecondary education or college degree; who has completed the required board approved hours of continuing education; and has board approved work experience as an instructor or in education may, at the board's discretion, be permitted to take the written and the practical examination to become an instructor at the master level. (3)(A) A person desiring to teach at the esmetician level shall satisfy the board that he or she: (i) Holds a current cosmetology license at the esthetician or master level and is a high school graduate, has a general education development (GED) diploma, or has a postsecondary education or college degree; (ii) Has 1,000 hours of board approved instructor training in esthetics of at least nine months; (iii) Has one year of work experience at the esthetician or master level; and (iv) Has passed both a written and a practical examination to become an instructor in esthetics. (B) A person holding a current cosmetology license at the esthetician or master level who is a high school graduate, has a general education development (GED) diploma, or has a postsecondary education or college degree; who has completed the required board approved hours of continuing education; and has board approved work experience as an instructor or in education may, at the board's discretion, be permitted to take the written and the practical examination to become an instructor at the esthetician level. (4)(A) A person desiring to teach at the nail technician level shall satisfy the board that he or she: (i) Holds a current cosmetology license at the nail technician or master level and is a high school graduate, has a general education development (GED) diploma, or has a postsecondary education or college degree; (ii) Has 525 hours of board approved instructor training in nail care of at least four months;

1082______GENERAL ACTS AND RESOLUTIONS, VOL. I________
(iii) Has one year of work experience at the nail technician or master level; and (iv) Has passed both a written and a practical examination to become an instructor in nail care. (B) A person holding a current cosmetology license at the nail technician or master level who is a high school graduate, has a general education development (GED) diploma, or has a postsecondary education or college degree; who has completed the required board approved hours of continuing education; and has board approved work experience as an instructor or in education may, at the board's discretion, be permitted to take the written and the practical examination to become an instructor at the nail technician level. (5) Any teacher or instructor shall renew his or her license to teach cosmetology biennially in odd years by remitting with his or her application a renewal fee in such amount as shall be set by the board by regulation; provided, however, any teacher or instructor who fails to renew his or her certificate of registration to practice as a cosmetologist, esthetician, or nail technician on or before the date established by the board by regulation shall automatically have his or her license to teach or instruct revoked. A person failing to renew his or her instructor s license within two years after expiration shall be required to qualify under this chapter for both a written and a practical examination for an instructor's license. (6) Nothing in this Code section shall be construed as preventing a person from obtaining a certificate of registration as teacher or instructor who is certified by the Department of Education to teach cosmetology in the state public schools. The certification is limited to those persons who hold a current cosmetology license at the master level and also hold a diploma or certificate of 1,500 credit hours from a board approved school and have completed the three-year teachers training program required by the Department of Education. Such persons shall also pass both a written and a practical examination satisfactory to the board and, upon passage thereof, shall receive a license to teach cosmetology."
SECTION 4. Said chapter is further amended by striking in its entirety Code Section 43-10-14, relating to study by persons 17 years of age and older, and inserting in lieu thereof a new Code Section 43-10-14 to read as follows:
'43-10-14.
(a) Nothing in this chapter shall prohibit any person at least 17 years of age from learning the occupation of cosmetology under a master cosmetologist, provided that such cosmetologist has had at least 36 months' experience and has held a license of a master cosmetologist for at least 36 months. In addition, nothing in this chapter shall prohibit any person at least 17 years of age from learning the occupation of cosmetology under an instructor in a school of cosmetology who has been a cosmetologist for a period of at least 18 months and has registered under this chapter. Nothing in this chapter shall prohibit any person at least 17

____________GEORGIA LAWS 2001 SESSION__________1083
years of age from learning the occupation of esthetics under a cosmetologist holding a master cosmetologist certificate or an esthetician certificate, provided that such cosmetologist has had at least 36 months' experience, or under an instructor in a school of cosmetology or school of esthetics who has been a licensed cosmetologist for a period of at least 18 months, is qualified to teach said practices, and has registered under this chapter. Nothing in this chapter shall prohibit any person at least 17 years of age from learning the occupation of nail care or manicuring under a cosmetologist holding a master cosmetologist certificate or a nail technician certificate, provided that such cosmetologist has had at least 36 months' experience, or under an instructor in a school of cosmetology or school of nail care who has been a licensed cosmetologist for a period of at least 18 months, is qualified to teach said practices, and has registered under this chapter. Any person registered as an apprentice under this Code section on June 30,1997, shall be eligible to continue such apprenticeship under the person from whom that apprentice was learning the occupation of cosmetology, esthetics, or nail care or manicuring at the time of registration notwithstanding that the person under whom the apprentice was learning such occupation does not meet the 36 months' experience otherwise required by this Code section. Every shop owner shall have the responsibility for registering apprentices with the division director. The shop owner shall file a statement in writing, showing the apprentice's name and the address of the shop. The board shall have the authority to require the shop owner to furnish to the board the number of hours completed by the apprentice. The shop owner shall remit to the division director a fee in such amount as shall be set by the board by regulation for the registration of the apprentice. The apprentice shall receive a certificate of registration showing the capacity in which he or she is permitted to practice cosmetology. The certificate of registration shall be effective for a period of two years and may be renewed at the end of such period upon the filing of an application on forms furnished by the division director and the payment of a renewal fee in such amount as shall be set by the board by regulation. A certificate of registration authorizing a person to learn the occupation of cosmetology under a cosmetologist shall not be renewed more than one lime; and, upon the expiration of the last certificate of registration issued, such person shall not be permitted to practice in any capacity. (b) Notwithstanding any other provisions of this subsection, the board shall be authorized to waive any education requirements under this subsection in cases of hardship, disability, or illness or under such other circumstances as the board deems appropriate with respect to any applicant who was enrolled in a board approved school or had completed a board approved study course as of June 30, 2000.'
SECTION 5. All laws and parts of laws in conflict with this Act are repealed.
Approved April 27, 2001.

1084_____GENERAL ACTS AND RESOLUTIONS, VOL. I_______
PUBLIC UTILITIES AND PUBLIC TRANSPORTATION NATURAL GAS MARKETERS AND MARKETING.
Code Title 46, Chapter 4, Article 5 Amended.
No. 338 (House Bill No. 665).
AN ACT
To amend Article 5 of Chapter 4 of Title 46 of the Official Code of Georgia Annotated, known as the "Natural Gas Competition and Deregulation Act," so as to provide that a retail customer shall be authorized to change marketers at least once a year without incurring any service charge relating to such change to an alternative marketer; to limit the amount of deposit that a marketer may require from a retail customer; to provide for refunds of deposits under certain conditions; to require the Public Service Commission to have published at least quarterly in newspapers throughout the state a summary of the price per therm and any other amounts charged to retail customers by each marketer operating in this state and any additional information which the commission deems appropriate to assist customers in making decisions regarding choice of a marketer; to authorize the Public Service Commission to adopt rules and regulations relating to pricing information applicable to gas marketers and billing practices and customer services of such marketers; to provide other billing requirements for marketers; to change the provisions relating to temporary directives; to authorize said commission to impose temporary directives on marketers under certain conditions; to provide that any marketer which willfully violates certain provisions of law or any duly promulgated rules or regulations issued under such laws or which fails, neglects, or refuses to comply with any order of the Public Service Commission after notice thereof shall be liable for any penalties authorized under Code Section 46-2-91; to provide that in any case where there is a dispute between a marketer and a retail customer concerning the amount of a gas bill, the marketer shall be required to confer by telephone or some other verifiable means with the retail customer to attempt to resolve such dispute; to prohibit a marketer from reporting the name of a retail customer to any consumer reporting agency until the marketer has conferred with the retail customer and has complied in all respects with certain applicable laws and regulations or has obtained a judgment against the retail customer; to provide that whenever a marketer discovers or has called to its attention a billing error or other mistake acknowledged or admitted to by the marketer and resulting in an overpayment by a retail customer, such marketer shall be required automatically and immediately to provide a credit or refund of the amount of the overpayment to the customer; to prohibit a marketer from requiring a retail customer to whom it owes a credit or refund to submit in writing a request for such credit or refund before the marketer complies with the provisions of this Act; to change the provisions relating to universal service funds; to provide for additional purposes for such a fund; to provide for priority of payments from such fund for

____________GEORGIA LAWS 2001 SESSION_________1085
assistance to low-income customers; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Article 5 ofChapter 4 ofTitle 46 ofthe Official Code ofGeorgia Annotated, known as the "Natural Gas Competition and Deregulation Act," is amended by adding at the end of Code Section 46-4-156, relating to customer assignment methodology, new subsections (g) and (h) to read as follows:
*(g) Notwithstanding any other provision of this article, a retail customer shall be authorized to change marketers at least once a year without incurring any service charge relating to such change to an alternative marketer, (h) A marketer may require a deposit from a retail customer prior to providing gas distribution service to such customer; provided, however, that such deposit cannot exceed 100 percent of the customer's average monthly bill based on past customer usage and current marketer prices. In any case where a marketer has required a deposit from a retail customer and such customer has paid all bills from the marketer in a timely manner for a period of six months, the marketer shall be required to refund the deposit to the customer within 60 days. In any event, a deposit shall be refunded to a retail customer within 60 days of the date that a retail customer changes marketers or discontinues service, provided the retail customer has satisfied all of his or her outstanding financial obligations to the marketer.'
SECTION 2. Said article is further amended by striking in its entirety Code Section 46-4-157, relating to temporary directives, and inserting in lieu thereof a new Code Section 46-4-157 to read as follows:
'46-4-157.
(a) If, in an expedited hearing pursuant to the provisions of Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act':
(1) The commission determines for a specific delivery group, as to which the commission has issued an order pursuant to subsection (b) of Code Section 46-4-156, that the prices for natural gas paid by retail customers in such delivery group are not constrained by market forces and are significantly higher than such prices would be if they were constrained by market forces; or (2) The commission determines for a specific delivery group, as to which the commission has not issued an order pursuant to subsection (b) of Code Section 46-4-156, that the prices charged by an electing distribution company to residential customers for commodity sales services, which prices have not been approved by the commission pursuant to Code Section 46-2-26.5, are generally not constrained by market forces and are significantly higher than such prices would be if they were constrained by market forces,

1086_____GENERAL ACTS AND RESOLUTIONS, VOL. I________
then the commission, on an emergency basis, may by order temporarily impose such directives on gas companies subject to its jurisdiction as are required to protect the interests of retail customers in such delivery group including but not limited to price regulations and the imposition upon the electing distribution company ofthe obligation to serve retail customers in such delivery group under the same or similar conditions to those under which such customers were served prior to customer assignment in such delivery group. In no event shall such emergency directives extend beyond the first day of July immediately following the next full annual session of the General Assembly after the imposition of such directives. In its order the commission shall provide for recovery of all costs reasonably incurred by the electing distribution company in complying with the directives. Any such directives shall be drawn as narrowly as possible to accomplish the purpose of protecting the public on an interim basis. No such directive shall impose any condition upon the electing distribution company which unreasonably burdens the company. Such directives shall be immediately reviewable in the Superior Court of Fulton County in the same manner and subject to the same procedures as the review of any other contested case under the provisions of Code Section 50-13-19. The provisions of this Code section shall not apply to a delivery group for which customer assignment occurred more than four years prior to the date of notice of the expedited hearing, (b) If, in an expedited hearing pursuant to the provisions of Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' the commission determines that market conditions are no longer competitive, then the commission, on an emergency basis, may by order temporarily impose such directives on marketers as are required to protect the interests of retail customers in such delivery group, including, but not limited to, price regulations on the marketers. For purposes of this subsection, market conditions shall be considered competitive as long as there are at least three marketers soliciting and providing distribution services to residential and small business customers in this state; provided, however, that, in any case where there are only three marketers soliciting and providing distribution services to residential and small business customers in this state, market conditions shall not be considered competitive if the commission upon clear and convincing evidence determines that as a result of collusion among such marketers, prices for natural gas paid by retail customers are not being adequately constrained by market forces and are significantly higher than such prices would be ifthey were constrained by market forces. In no event shall such emergency directives extend beyond the first day of July immediately following the next full annual session of the General Assembly after the imposition of such directives. Any such directives shall be drawn as narrowly as possible to accomplish the purpose of protecting the public on an interim basis. Such directives shall be immediately reviewable in the Superior Court of Fulton County in the same manner and subject to the same procedures as the review of any other contested case under the provisions of Code Section 50-13-19."

_____________GEORGIA LAWS 2001 SESSION__________1087
SECTION 3. Said article is further amended by striking in its entirety Code Section 46-4-160, relating to authority of commission with respect to marketers, and inserting in lieu thereof a new Code Section 46-4-160 to read as follows:
'46-4-160.
(a) With respect to a marketer certificated pursuant to Code Section 46-4-153, the commission shall have authority to:
(1) Adopt reasonable rules and regulations governing the certification of a marketer; (2) Grant, modify, impose conditions upon, or revoke a certificate; (3) Adopt reasonable rules governing service quality; (4) Resolve complaints against a marketer regarding that marketer's service; (5) Adopt reasonable rules and regulations relating to billing practices of marketers and information required on customers' bills. The commission shall require at a minimum that bills specify the gas consumption amount, price per therm, distribution charges, and any service charges. The commission shall prescribe performance standards for marketer billing relating to accuracy and timeliness of customer bills; (6) Adopt reasonable rules and regulations relating to minimum resources which marketers are required to have in this state for customer service purposes. The rules and regulations shall require a marketer to have and maintain the ability to process cash payments from customers in this state. The rules and regulations shall provide procedures relating to the handling and disposition of customer complaints; and (7) Adopt reasonable rules and regulations requiring marketers to provide notification to retail customers of or include with customer bills information relating to where customers may obtain pricing information relative to gas marketers. (b) Prior to the determination by the commission pursuant to Code Section 46-4-156 that adequate market conditions exist within a delivery group, each marketer must separately state on its bills to retail customers within the delivery group the charges for firm distribution service and for commodity sales. (c) A marketer shall not refuse to sell gas to a potential firm retail customer within the territory covered by the marketer's certificate of authority if the sale can be made by the marketer pursuant to the rules for service authorized by the marketer's certificate of authority and upon terms that will provide the marketer with just and adequate compensation. The price at which a marketer sells gas shall not be fixed by the commission. (d) The commission and the consumers' utility counsel division of the Governor's Office of Consumer Affairs shall have access to the books and records of marketers as may be necessary to ensure compliance with the provisions of this article and with the commission's rules and regulations promulgated under this article. (e) Except as otherwise provided in this article, certification of a person as a marketer by the commission pursuant to Code Section 46-4-153 does not subject

1088_____GENERAL ACTS AND RESOLUTIONS, VOL. I________
the person to the jurisdiction ofthe commission under this title, including without limitation the provisions of Article 2 of Chapter 2 of this title. (f) The provisions of Article 3 of Chapter 2 of this title shall apply to an investigation or hearing regarding a marketer. The provisions ofArticles 4 and 5 of Chapter 2 of this title shall apply to a marketer. (g) The provisions of Part 2 of Article 15 of Chapter 1 of Title 10, the 'Fair Business Practices Act of 1975,' shall apply to a marketer, (h) The commission, subject to receiving state funds for such purpose, is required to have published at least quarterly in newspapers throughout the state a summary of the price per therm and any other amounts charged to retail customers by each marketer operating in this state and any additional information which the commission deems appropriate to assist customers in making decisions regarding choice of a marketer. In addition, the commission shall make such information available to Georgia Public Telecommunications (GPTV) under the jurisdiction of the Georgia Public Telecommunications Commission which will provide such information to the general public at a designated time at least once a month. (i) A marketer shall render a bill to retail customers for services within 30 days of the date following the actual monthly meter reading. A 15 day grace period is permitted prior to the application of any penalty. (j) Any marketer which willfully violates any provision of this Code section or any duly promulgated rules or regulations issued under this Code section or which fails, neglects, or refuses to comply with any order ofthe commission after notice thereof shall be liable for any penalties authorized under Code Section 46-2-91.'
SECTION 4. Said article is further amended by adding between Code Sections 46-4-160 and 46-4-161 new Code Sections 46-4-160.1 and 46-4-160.2 to read as follows:
'46-4-160.1.
In any case where there is a dispute between a marketer and a retail customer concerning the amount of a gas bill, the marketer shall be required to confer by telephone or some other verifiable means with the retail customer in an attempt to resolve such dispute. In case of any such dispute the marketer shall be prohibited from reporting the name of a retail customer to any consumer reporting agency as defined in Section 603(f) ofthe federal Fair Credit Reporting Act until the marketer has conferred with the retail customer and has complied in all respects with all applicable provisions of this article and the rules and regulations of the commission or has obtained a judgment against the retail customer.
46-4-160.2. (a) Whenever a marketer discovers or has called to its attention a billing error or other mistake acknowledged or admitted to by the marketer and resulting in an

____________GEORGIA LAWS 2001 SESSION__________[089
overpayment by a retail customer of said marketer, such marketer shall be required automatically and immediately to provide:
(1) A credit of the amount of the overpayment to the account of the customer; or (2) A refund of the amount of the overpayment to the customer, (b) A marketer shall be prohibited from requiring a retail customer to whom it owes a credit or refund to submit in writing a request for such credit or refund before the marketer complies with the provisions of subsection (a) of this Code section. All credits to the account of the customer or refunds to the customer shall be made within 60 days after the overpayment has been acknowledged or admitted to by the marketer."
SECTION 5. Said article is further amended by striking in their entirety subsections (a) and (b) of Code Section 46-4-161, relating to universal service funds of electing distribution companies, and inserting in lieu thereof new subsections (a) and (b) to read as follows:
"(a) The commission shall create for each electing distribution company a universal service fund for the purpose of:
(1) Assuring that gas is available for sale by marketers to firm retail customers within the territory certificated to each such marketer; (2) Enabling the electing distribution company to expand its facilities and service in the public interest; (3) Assisting low-income customers in times of emergency as determined by the commission; and (4) Providing energy conservation assistance to low-income customers in a fair and equitable manner as determined by the commission; provided, however, that not more than 10 percent of the amount in the universal service fund shall be expended for such purpose in any calendar year. (b)(l) The fund shall be administered by the commission under rules to be promulgated by the commission in accordance with the provisions ofthis Code section. Prior to the beginning of each fiscal year of the electing distribution company, the commission shall determine the amount of the fund appropriate for such fiscal year. In making such determination, the commission shall consider the following:
(A) The amount required to provide appropriate compensation to marketers with respect to uncollectible accounts arising from commodity sales to firm retail customers; (B) The amount required to provide sufficient contributions in aid of construction to permit the electing distribution company to extend and expand its facilities from time to time as the commission deems to be in the public interest; and (C) The amount required to assist low-income persons subject to price increases.

1090______GENERAL ACTS AND RESOLUTIONS, VOL. I_________
(2) Notwithstanding any other provisions ofthis Code section, the commission shall, pursuant to rules and regulations, administer and expend moneys in the fund primarily for the purpose provided in subparagraph (C) of paragraph (1) of this subsection for the 24 months immediately succeeding the effective date of this paragraph."
SECTION 6. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 7. All laws and parts of laws in conflict with this Act are repealed.
Approved April 27, 2001.
PENAL INSTITUTIONS - INMATE PARTICIPATION IN VOLUNTEER SERVICE PROGRAMS.
Code Section 42-5-60 Amended.
No. 339 (House Bill No. 734).
AN ACT
To amend Code Section 42-5-60 of the Official Code of Georgia Annotated, relating to hiring out of penal system inmates, so as to provide that inmates may be allowed to provide volunteer services for programs of certain nonprofit organizations to the extent authorized by the rules and regulations of the Board of Corrections; 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 42-5-60 of the Official Code of Georgia Annotated, relating to hiring out of penal system inmates, is amended by striking subsection (a) and inserting in its place a new subsection to read as follows:
'(a)(l) The board shall provide rules and regulations governing the hiring out of inmates by any penal institution under its authority to municipalities, cities, the Department of Transportation, and any other political subdivision, public authority, public corporation, agency, or state or local government, which entities are authorized by this subsection to contract for and receive the inmates. Such inmates shall not be hired out to private persons or corporations,

__________GEORGIA LAWS 2001 SESSION__________1091
nor shall any instrumentality of government authorized by this subsection to utilize penal labor use such labor in any business conducted for profit, except as provided in Code Section 42-5-59; provided, however, that:
(A) Inmate trainees enrolled in any vocational, technical, or educational training program authorized and supported by the department may repair or otherwise utilize any privately owned property or equipment as well as any other property or equipment in connection with the activities of any such training program, so long as the repair or utilization contributes to the inmate's acquisition of any desired vocational, technical, or educational skills; and (B) To the extent authorized by the rules and regulations of the board, inmates may be allowed to participate in programs of volunteer service as authorized by this subparagraph. The rules and regulations of the board shall prescribe criteria for nonprofit organizations eligible to receive volunteer services. Such criteria shall require that any participating nonprofit organization be qualified as exempt from taxation under Section 501 (c)(3) ofthe Internal Revenue Code of 1986 and shall give consideration in determining eligibility to the nonprofit organization's history of service activities and the length of time for which it has been in existence and providing such services. Any such volunteer service program shall include elements whereby the volunteer inmates provide services of benefit to the community while receiving training or work experience suitable for their rehabilitation. The board may authorize such voluntary inmate participation, notwithstanding the fact that the nonprofit organization may receive direct or indirect payment as a result of such inmate participation; notwithstanding the fact that the services rendered may provide some degree of benefit to private individuals or organizations or both; and notwithstanding the fact that some inmate participation may take place outside the confines ofa penal institution. (2) Notwithstanding any other provisions of this subsection, any private person, organization, or corporation with whom the commissioner has contracted for the land acquisition, design, construction, operation, maintenance, use, lease, or management of a state prison or for any services related to the custody, care, and control of inmates as authorized by Code Section 42-2-8 may utilize penal labor in the same manner as any such labor may be utilized by any other penal institution operated under the authority of the board. Agreements made pursuant to Code Section 42-2-8 for the land acquisition, design, construction, operation, maintenance, use, lease, or management of a state prison or for any services related to the care, custody, and control of inmates shall factor the value of penal labor such that the state is the only financial beneficiary of the same."

1092______GENERAL ACTS AND RESOLUTIONS, VOL. I
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.
Approved April 27, 2001.
REVENUE AND TAXATION - AD VALOREM TAXATION; HOMESTEAD EXEMPTION FROM SCHOOL TAXES FOR PERSONS 62 YEARS OLD AND OLDER; REFERENDUM.
Code Section 48-5-52 Amended.
No. 343 (House Bill No. 299).
AN ACT
To amend Code Section 48-5-52 of the Official Code of Georgia Annotated, relating to homestead exemptions from school district ad valorem taxation for educational purposes for residents who are 62 years of age or older, so as to change the income limitation provisions of such exemption; to specify certain terms, conditions, and procedures relating thereto; to provide for applicability; to provide for effective dates; to provide for a special election; to provide for automatic repeal under certain circumstances; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Code Section 48-5-52 of the Official Code of Georgia Annotated, relating to homestead exemptions from school district ad valorem taxation for educational purposes for residents who are 62 years of age or older, is amended by striking subsection (a) and inserting in its place a new subsection (a) to read as follows:
"(a) The homestead of each resident of each independent school district and of each county school district within this state who is 62 years of age or older and, for the purposes of all tax years beginning on or after January 1,2003, whose net income together with the net income of the spouse who also occupies and resides at such homestead, as net income is defined by Georgia law from all sources, except as otherwise provided in this subsection, does not exceed $ 10,000.00 for the immediately preceding taxable year for income tax purposes, is exempted from all ad valorem taxes for educational purposes levied by, for, or on behalf of any such school system, including taxes to retire school bond indebtedness. For the purposes of this subsection, net income shall not include income received as retirement, survivor, or disability benefits under the federal Social Security Act or under any other public or private retirement, disability, or pension system, except such income which is in excess of the maximum amount authorized to be

____________GEORGIA LAWS 2001 SESSION__________1093
paid to an individual and his or her spouse under the federal Social Security Act. Income from such sources in excess of such maximum amount shall be included as net income for the purposes of this subsection. The exemption shall not exceed $10,000.00 of the homestead's assessed value. Except as otherwise specifically provided by law, the value of that property in excess of such exempted amount shall remain subject to taxation."
SECTION 2. Unless prohibited by the federal Voting Rights Act of 1965, as amended, the Secretary of State shall call and conduct a special election as provided in this section for the purpose of submitting this Act to the electors of the State of Georgia for approval or rejection. The Secretary of State shall conduct that special election on the date of the November, 2002, state-wide general election. The Secretary of State shall issue the call and conduct that special election as provided by general law. The Secretary of State shall cause the date and purpose of the special election to be published in the official organ of each county in the state once a week for two weeks immediately preceding the date ofthe special election. The ballot shall have written thereon the following:
"YES ( ) Shall the Act be approved which changes the state-wide $10,000.00 homestead exemption from all school district ad valorem taxation
NO ( ) for educational purposes for persons 62 years of age or older by changing the $10,000.00 gross household income limitation to a $10,000.00 net income, excluding certain retirement income, of the applicant and spouse thereof?"
All persons desiring to vote for approval of the Act shall vote "Yes," and those persons desiring to vote for rejection of the Act shall vote "No." If more than one-half of the votes cast on such question are for approval of the Act, then Section 1 of this Act shall become effective on January 1, 2003, and shall be applicable to all taxable years beginning on or after that date. If the Act is not so approved or if the election is not conducted as provided in this section, Section 1 of this Act shall not become effective and this Act shall be automatically repealed on the first day of January immediately following that election date.
SECTION 3. Except as otherwise provided in Section 2 of this Act, this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 4. All laws and parts of laws in conflict with this Act are repealed.
Approved April 27, 2001.

1094_____GENERAL ACTS AND RESOLUTIONS, VOL. I________
PUBLIC OFFICERS AND EMPLOYEES - STATE HEALTH BENEFIT PLAN; TEACHERS AND SCHOOL EMPLOYEES; PREMIUMS.
Code Sections 20-2-888, 20-2-915.1, and 45-18-10 Amended.
No. 344 (House Bill No. 491).
AN ACT
To make continuing health insurance coverage more accessible; to amend Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary and secondary education, so as to reduce the years of creditable service required for teachers and other employees of public schools to be offered continuing health insurance coverage; to amend Chapter 18 of Title 45 of the Official Code of Georgia Annotated, relating to the State Employees' Health Insurance Plan, to permit monthly premium payments for continuing health insurance coverage; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary and secondary education, is amended by striking in its entirety Code Section 20-2-888, relating to coverage for certain surviving spouses and teachers not entitled to retirement benefits, and inserting in lieu thereof the following:
"20-2-888. Notwithstanding any other provisions of this subpart to the contrary, the board shall offer coverage to the surviving spouse of any teacher who died prior to January 1, 1979, and to any teacher with eight or more years of creditable service who is not presently eligible to receive retirement benefits. The surviving spouse or teacher shall pay in monthly installments both the employer and employee premiums for such insurance coverage. The amount of the monthly premiums shall be equal to the rate of employer and employee contributions in effect during the existence of the coverage."
SECTION 2. Said chapter is further amended by striking in its entirety Code Section 20-2-915.1, relating to retirement benefits for 20 year employees and premiums, and inserting in lieu thereof the following:
'20-2-915.1. (a) Notwithstanding any other provisions of this subpart to the contrary, the board shall offer continuous coverage to any public school employee with eight or more years of creditable service who is not eligible to receive retirement

_____________GEORGIA LAWS 2001 SESSION__________1095
benefits because ofage. The public school employee shall pay both the employer and employee premiums for such insurance coverage. (b) Notwithstanding any other provisions of this subpart to the contrary, any public school employee eligible to elect continuous coverage pursuant to subsection (a) of this Code section shall pay the employer and employee premiums for such coverage in monthly installments. The amount ofthe monthly premiums shall be equal to the rate of employer and employee contributions in effect during the existence of the coverage."
SECTION 3. 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 subsection (a) of Code Section 45-18-10, relating to the right of continuation of coverage for former employees and related matters, and inserting in lieu thereof the following:
*(a) Any other provision of this article to the contrary notwithstanding, on and after July 1, 1978, any employee who resigns from employment or who fails to be reelected or who does not seek reelection to office and who at the time he or she leaves office or employment has completed eight or more years of service as an employee, as defined in Code Section 45-18-1, shall be entitled to continue full coverage and participation, including coverage for his or her spouse and dependent children, in the health insurance plan upon the payment of a monthly premium to be fixed by the board; and, in addition thereto, any member of the General Assembly who ceases to hold office as such at any time after July 1, 1981, and who was eligible to retire at the time of leaving office, except for the attainment of retirement age, pursuant to a public retirement system created by law to which the General Assembly appropriates funds, and who does not withdraw employee contributions from such public retirement system, shall be entitled to continue full coverage and participation, including coverage for the spouse and dependent children of such person, in the health insurance plan by continuing to pay to the board the monthly premium which is paid by an active state employee. The first monthly premium provided for in this Code section must be paid within 30 days following receipt of a notice of premium to be sent to such person by the board. If such premium is not paid within such time limit, such insurance coverage shall be canceled and such person shall not again be eligible to participate in such plan. This Code section shall not affect the rights otherwise available under this article to retired employees and their spouses and dependents. The board is authorized to establish terms and conditions for participation which the board shall deem appropriate and which are not in conflict with this Code section."
SECTION 4. All laws and parts of laws in conflict with this Act are repealed.
Approved April 27, 2001.

1096_____GENERAL ACTS AND RESOLUTIONS, VOL. 1________
EDUCATION - SALARIES FOR BEGINNING CLASSROOM TEACHERS.
Code Section 20-2-212 Amended.
No. 345 (Senate Bill No. 274).
AN ACT
To amend Code Section 20-2-212 of the Official Code of Georgia Annotated, relating to salary schedules for certain public school employees, so as to provide for the first salary payment for beginning classroom teachers; to provide for rules and procedures; 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 20-2-212 ofthe Official Code ofGeorgia Annotated, relating to salary schedules for certain public school employees, is amended by inserting at the end thereof a new subsection (c) to read as follows:
"(c) A local unit of administration shall pay beginning classroom teachers the first salary payment for the number of days worked at the end of the first month of the school year in which service is rendered. The State Board of Education shall develop rules and procedures for implementing this subsection by July 1, 2001.'
SECTION 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.
Approved April 27, 2001.

____________GEORGIA LAWS 2001 SESSION__________1097
PUBLIC OFFICERS AND EMPLOYEES - SCHOOL SYSTEM EMPLOYEES; STATE HEALTH PLAN.
Code Section 45-18-32 Amended.
No. 346 (House Bill No. 813).
AN ACT
To amend Code Section 45-18-32 of the Official Code of Georgia Annotated, relating to administration of deferred compensation plans, so as to authorize employees of county and independent school systems to participate in the state deferred compensation plans; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Code Section 45-18-32 of the Official Code of Georgia Annotated, relating to administration of deferred compensation plans, is amended by striking the Code section in its entirety and inserting in lieu thereof a new Code Section 45-18-32 to read as follows:
'45-18-32. The State Personnel Board shall administer any deferred compensation plan provided for the employees of the state. Employees of the county boards of health receiving financial assistance from the Department of Human Resources may, with the approval of the State Personnel Board and the approval of such organizations, participate in the state plan. Employees ofcounty and independent school systems may, with the approval of the State Personnel Board and the approval of such systems, participate in the state plan. The State Personnel Board shall investigate and approve a deferred compensation plan which gives the employees of the state income tax benefits in connection with plans authorized by the United States Internal Revenue Code, so that compensation deferred under such plan shall not be included for purposes of computation of any federal income tax withheld on behalf of any such employee or payable by such employee before any deferred payment date. All contributions to the deferred compensation plan shall also be exempt from state withholding tax as long as such contributions are not includable in gross income for federal income tax purposes. The governing body of a city, county, or other political subdivision may appoint an administrator for all deferred compensation plans, whose duties shall include the administration ofthe plan and the investigation and approval of the plan or plans. All such plans shall provide tax deferral benefits for the respective employees in a manner similar to that ofthe plan for state employees.*

1098_____GENERAL ACTS AND RESOLUTIONS, VOL. I
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.
Approved April 27, 2001.
REVENUE AND TAXATION - AD VALOREM TAXATION; FAIR MARKET VALUE; INCOME TAX; CREDITS FOR QUALIFIED LOW-INCOME HOUSING.
Code Sections 48-5-2 and 48-7-29.6 Amended.
No. 348 (House Bill No. 509).
AN ACT
To amend Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, so as to specify criteria which a tax assessor shall not consider in determining the fair market value of property for ad valorem tax purposes; to change certain provisions regarding income tax credits for qualified low-income housing; 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 in Code Section 48-5-2, relating to definitions regarding ad valorem taxation ofproperty, by adding a new subparagraph immediately following subparagraph (B) of paragraph (3), to be designated subparagraph (B. 1), to read as follows:
"(B.I) The tax assessor shall not consider any income tax credits with respect to real property which are claimed and granted pursuant to either Section 42 of the Internal Revenue Code of 1986, as amended, or Chapter 7 of this title in determining the fair market value of real property.'
SECTION 2. Said title is further amended by striking Code Section 48-7-29.6, relating to income tax credits for qualified low-income housing, and inserting in its place a new Code Section 48-7-29.6 to read as follows:
'48-7-29.6. (a) As used in this Code section, the term:
(1) 'Federal housing tax credit' means the federal tax credit as provided in Section 42 of the Internal Revenue Code of 1986, as amended.

__________GEORGIA LAWS 2001 SESSION_________1099
(2) 'Median income' means those incomes that are determined by the federal Department of Housing and Urban Development guidelines and adjusted for family size. (3) 'Project' means a housing project that has restricted rents that do not exceed 30 percent of median income for at least 40 percent of its units occupied by persons or families having incomes of60 percent or less ofthe median income, or at least 20 percent of the units occupied by persons or families having incomes of 50 percent or less of the median income. (4) 'Qualified Georgia project' means a qualified low-income building as that term is defined in Section 42 of the Internal Revenue Code of 1986, as amended, that is located in Georgia. (b)(l) A state tax credit against the tax imposed by this article, to be termed the Georgia housing tax credit, shall be allowed with respect to each qualified Georgia project placed in service after January 1, 2001, in an amount equal to the federal housing tax credit allowed with respect to such qualified Georgia project.
(2)(A) If under Section 42 of the Internal Revenue Code of 1986, as amended, a portion of any federal housing tax credit taken on a project is required to be recaptured, the taxpayer claiming any state tax credit with respect to such project shall also be required to recapture a portion of any state tax credit authorized by this Code section. The state recapture amount shall be equal to the proportion of the state tax credit claimed by the taxpayer that equals the proportion the federal recapture amount bears to the original federal housing tax credit amount subject to recapture. The tax credit under this Code section shall not be subject to recapture if such recapture is due solely to the sale or transfer of any direct or indirect interest in such qualified Georgia project. (B) In the event that recapture of any Georgia housing tax credit is required, any amended return submitted to the commissioner as provided in this Code section shall include the proportion of the state tax credit required to be recaptured, the identity of each taxpayer subject to the recapture, and the amount of tax credit previously allocated to such taxpayer. (3) In no event shall the total amount of the tax credit under this Code section for a taxable year exceed the taxpayer's income tax liability. Any unused tax credit shall be allowed to be carried forward to apply to the taxpayer's next three succeeding years' tax liability. No such tax credit shall be allowed the taxpayer against prior years' tax liability. (4) The tax credit allowed under this Code section, and any recaptured tax credit, shall be allocated among some or all of the partners, members, or shareholders of the entity owning the project in any manner agreed to by such persons, whether or not such persons are allocated or allowed any portion of the federal housing tax credit with respect to the project. (c) The commissioner and the state department designated by the Governor as the state housing credit agency for purposes of Section 42(h) of the Internal

1100_____GENERAL ACTS AND RESOLUTIONS, VOL. I_________
Revenue Code of 1986, as amended, shall each be authorized to promulgate any rules and regulations necessary to implement and administer this Code section.'
SECTION 3. OCGA Section 48-5-40 (a) (12) is amended by adding the following subsection:
(c) For purposes ofthis paragraph, indirect ownership of such home for the aged through a limited liability company that is fully owned by such exempt organization shall be considered direct ownership.
Approved April 27, 2001.
ALCOHOLIC BEVERAGES - MALT BEVERAGES; KEGS.
Code Section 3-5-5 Enacted.
No. 349 (Senate Bill No. 99).
AN ACT
To amend Article 1 of Chapter 5 of Title 3 of the Official Code of Georgia Annotated, relating to general provisions relative to malt beverages, so as to provide for conditions under which kegs of malt beverages may be sold at retail; to provide a definition; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Article 1 of Chapter 5 ofTitle 3 ofthe Official Code ofGeorgia Annotated, relating to general provisions relative to malt beverages, is amended by adding at the end thereof a new Code Section 3-5-5 to read as follows:
'3-5-5. (a) As used in Code section 3-5-5, the term:
(1) 'Keg1 means any brewery-sealed container or barrel containing, by liquid volume, more than two gallons of malt beverage. (2) 'Retail dealer', 'retail licensee' or 'licensee' means a person holding either a retail dealer license, a permit issued by the commissioner authorizing the sale of alcoholic beverages for consumption only on the premises for a period not to exceed one day, or a beverage alcohol caterer license. (b) No person licensed under this chapter shall sell malt beverages at retail by the keg except as provided in subsections (c), (d), and (e) of this Code section. The commissioner may take punitive action against violators, up to and including revocation of the state retail dealer's license of any licensed retail dealer who

____________GEORGIA LAWS 2001 SESSION__________1101
fails to comply with this Code section. The undertaking of any punitive action allowed under this Code section shall not prohibit criminal prosecution for sale to underage persons. (c) Each retail licensee selling kegs containing malt beverages for consumption off licensed premises shall require each keg purchaser to present a Georgia driver's license or other proper identification at the time of purchase. The licensee shall record for each keg sale: the date of sale; the size of keg; the keg identification number; the amount of container deposit; the name; address; date of birth of the purchaser; and the form of identification presented by such purchaser. The purchaser shall sign a statement at the time of purchase attesting to the accuracy of the purchaser's name and address, the location where the contents of the keg will be consumed, and acknowledging that a violation of Code Section 3-3-23, as it relates to furnishing alcoholic beverages to persons under the age of 21 years, may result in civil liability, criminal prosecution, or both. The licensee shall retain the identification form and purchaser's signed statement attesting to the accuracy of the purchaser's name and address and acknowledging that a violation of Code Section 3-3-23, as it relates to furnishing alcoholic beverages to persons under the age of 21 years, may result in civil liability, criminal prosecution, or both, for a minimum of six months following the sale of the keg. (d) Each keg sold at retail for consumption off licensed premises shall be labeled with the name and address of the retail licensee, the keg identification number, and the state alcohol license number ofthe business. The Department of Revenue will prescribe the form of registration label or tag to be used for this purpose. The registration label or tag shall be supplied by the Department of Revenue without fee and securely affixed to the keg by the licensee making the sale. In addition to the label or tag, the Department of Revenue shall provide guidelines to the licensee on the information to be recorded on the identification form required under subsection (c) of this Code section. (e) The licensee shall record the date of return of the keg on the identification form required under subssction (c) of this Code section. If there is no label or tag affixed to the keg or if the identification number is not legible, the licensee shall indicate this fact on the identification form required under subsection (c) of this Code section. The licensee shall not refund a deposit for a keg that is returned without the required label or tag and identification number intact and legible. (f) The removal of the required label shall be unlawful until such time that it is lawfully returned to the retailer by the purchaser. Possession ofa keg without the required label and identification number shall be unlawful and subject to penalty pursuant to Code Section 3-3-9."
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.
Approved April 27, 2001.

1102_____GENERAL ACTS AND RESOLUTIONS, VOL. I
COURTS - SENIOR JUDGES; SERVICE QUALIFICATIONS.
Code Section 15-1-9.2 Amended.
No. 350 (Senate Bill No. 96).
AN ACT
To amend Code Section 15-1-9.2 of the Official Code of Georgia Annotated, relating to status as a senior judge, requests for assistance of a senior judge, and the compensation of senior judges, so as to provide that one or more years of prior service as chairperson of the State Board of Workers' Compensation shall be allowable as service required for appointment as senior judge; 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 15-1-9.2 ofthe Official Code ofGeorgia Annotated, relating to status as a senior judge, requests for assistance of a senior judge, and the compensation of senior judges, is amended by striking in its entirety subsection (a. 1) and inserting in lieu thereof the following:
"(a. 1) Notwithstanding the provisions of subsection (a) ofthis Code section, any Justice ofthe Supreme Court of Georgia, Judge ofthe Court ofAppeals, superior courtjudge, state courtjudge, magistrate court judge, or juvenile courtjudge who ceases holding office as a judge and who has a total often years of service in any combination of such offices or a total of nine years of service in any combination of such offices plus at least one year of service as chairperson of the State Board of Workers Compensation may become a senior judge. Said combination must include at least five years' service as a Justice ofthe Supreme Court, Judge efthe Court of Appeals, or judge of the superior court or at least five years as total served in combination as Justice of the Supreme Court, Judge of the Court of Appeals, or judge of the superior court."
SECTION 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.
Approved April 27, 2001.

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OVARIAN CANCER AWARENESS MONTH - DESIGNATED.
No. 28 (House Resolution No. 143).
A RESOLUTION
Designating April as "Ovarian Cancer Awareness Month"; and for other purposes.
WHEREAS, ovarian cancer, also known as "the silent killer," is the most lethal malignancy of the female reproductive system; and
WHEREAS, public health experts estimate that approximately 23,000 to 26,800 new cases of ovarian cancer were diagnosed in the United States in 2000, including approximately 780 cases in Georgia; and
WHEREAS, the overall survival rate for ovarian cancer is only about 50 percent, and epidemiologists expected about 14,000 deaths from ovarian cancer in the United States in 2000, including about 300 ovarian cancer deaths in Georgia; and
WHEREAS, despite effective treatments for early ovarian cancer, the disease is often undetected until an advanced stage, when the five-year survival rate may be only 30 percent; and
WHEREAS, although there is no commonly accepted screening test for all women, there are diagnostic tests which are appropriate for women who have the symptoms of ovarian cancer or whose risk of ovarian cancer is increased by their family or personal history; and
WHEREAS, the House Ovarian Cancer Study Committee, created in 2000 by the adoption of H.R. 217, after hearing extensive and moving testimony from public health experts, doctors, organizations, and individuals who have survived ovarian cancer, recommended an emphasis on public education, which includes information regarding risk factors for ovarian cancer, the role of heredity, symptoms, diagnostic tests, and treatment options; and
WHEREAS, designating a month for awareness of ovarian cancer is an excellent tactic to focus public attention on this insidious and lethal disease.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the month of April in each year is designated as Ovarian Cancer Awareness Month.
BE IT FURTHER RESOLVED that public health agencies are urged to develop strategies, pamphlets, public service announcements, presentations, and a coordinated campaign to increase public awareness and knowledge regarding this

1104_____GENERAL ACTS AND RESOLUTIONS, VOL. I________
virulent disease, and that hospitals, health care providers, service organizations, churches, newspapers, advertisers, broadcasters, schools, and individuals are encouraged to participate fully in this struggle to save lives through public education regarding ovarian cancer.
Approved April 27, 2001.
STATE PROPERTY - CONVEYANCES TO CSX TRANSPORTATION, INC.; COLQUITT COUNTY; CITY OF SPARKS; EARLY COUNTY; CITY OF LAVONIA; WASHINGTON COUNTY BOARD OF EDUCATION; CITY OF TUNNEL HILL; TEXTILE INDUSTRIAL WELDING, INC.; CHATHAM COUNTY; CITY OF JASPER; AND BURKE COUNTY.
No. 29 (House Resolution No. 88).
A RESOLUTION
Authorizing the conveyance of certain state owned real property located in Bartow County, Georgia; authorizing the conveyance of certain state owned property located in Colquitt County, Georgia; authorizing the conveyance of certain state owned real property located in Cook County, Georgia; authorizing the conveyance of certain state owned real property in Early County, Georgia; authorizing the conveyance of certain state owned property located in Franklin County, Georgia; authorizing the conveyance of certain state owned property located in Washington County, Georgia; authorizing the conveyance of certain state owned real property located in Whitfield 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 located in Pickens County, Georgia; authorizing the conveyance of certain state owned real property located in Burke 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 Bartow County, Georgia; (2) Said real property is all those tracts or parcels of land lying and being in the Land Lot 11 of the 16th District, 3rd Section and Land Lot 21 of the 15th District, 3rd Section, of Bartow County and containing a total of approximately 1.76 acres and being shown as highlighted in yellow on a drawing prepared by CSX Transportation, and on file in the offices of the State Properties Commission, and may be more particularly described on a plat of survey

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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; (4) The above-described property is a portion of the Western and Atlantic Railroad right of way; (5) The above-described property is not within the lease limits of the Western and Atlantic Railroad right of way currently leased to CSX Transportation; and (6) CSX Transportation is desirous of acquiring the above-described property for use in expanding their services in the area; and
WHEREAS: (1) The State of Georgia is the owner of an interest in a certain parcel of real property located in Colquitt County, Georgia; (2) Said real property is all that tract or parcel of land lying and being in Land Lot 260 of the 8th District of Colquitt County and containing approximately 2.74 acres as shown marked in yellow on a drawing prepared by Colquitt County 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 Forestry Commission; (4) The above-described property was deeded to the state by the City of Moultrie on June 28, 1995, for a consideration of $1.00; (5) Colquitt County is desirous of acquiring the above-described property in conjunction with the construction of a new county road project; and (6) The Georgia Forestry Commission has no objection to the conveyance of the above-described property to Colquitt County for said road project; and
WHEREAS: (1) The State of Georgia is the owner of an interest in a certain parcel of real property located in Cook County, Georgia; (2) Said real property is all that tract or parcel of land lying and being inJhe City of Sparks, Cook County, and containing approximately 0.186 of one acre and located at the intersection of Gordon Street and Goodman Street as described on that certain deed dated August 6, 1979, 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 was deeded to the City of Sparks and Georgia Department of Human Resources on August 6,1979, by Cecil Spearman for use as a Senior Citizens Center; (4) The City of Sparks is desirous of acquiring the State's interest in the above-described property; and (5) The Department of Human Resources has no objections to the conveyance of the subject property interest; and

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WHEREAS: (1) The State of Georgia is the owner of a certain parcel of real property located in Early County, Georgia; (2) Said real property is all that tract or parcel of land lying and being in Land Lot 125 of the 28th Land District of Early County within the city limits of the City of Blakely and containing approximately 1.84 acres as shown on a plat of survey dated March 28,2000, prepared by G. L. Holman, Georgia Registered Land Surveyor No. 2033, 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 Early County Satellite Campus of Albany Technical Institute; (4) Early County has agreed to construct a child care facility on the subject property to be operated by the child care program of the Early County Satellite Campus of Albany Technical Institute; and (5) The Department of Technical and Adult Education is desirous of conveying said property to Early 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 Franklin County, Georgia; (2) Said real property is all that tract or parcel of land lying and being in the city limits of Lavonia and being a lot fronting a distance of 340 feet on the west side of Augusta Road and extending back to Joharvie Street, containing four and forty-eight one hundredths (4.48) acres, more or less. Said lot is bounded on the north by the American Legion lot; on the east by Augusta Road; on the south by Masonic Lodge lot and by Lucille Street; on the west by Joharvie Street, 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 site of the Franklin County National Guard Armory; (4) The Georgia Department of Defense is consolidating many of its activities throughout the state and has determined the need to close the Franklin County National Guard Armory and has declared the property surplus; and (5) The City of Lavonia is desirous of acquiring the above-described property for public purpose; and
WHEREAS: (1) The State of Georgia is the owner of a certain parcel of real property located in Washington County, Georgia; (2) Said real property is all that tract or parcel of land lying and being in the 97th GMD of Washington County containing approximately 0.60 of one acre and shown marked in yellow on a drawing prepared by the Washington County

____________GEORGIA LAWS 2001 SESSION__________H07
Board of Education, 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 Sandersville Regional Youth Detention Center; (4) The campus of the Washington County High School adjoins the campus of the Sandersville Regional Youth Detention Center; (5) The Washington County Board of Education is desirous of acquiring the above-described state owned property for expansion of certain physical education facilities on the school campus; and (6) The Department of Juvenile Justice has no objection to the conveyance of the above-described property to the Washington County Board of Education; and
WHEREAS: (1) The State of Georgia is the owner of a certain parcel of real property located in Whitfield County, Georgia; (2) Said real property is all that tract or parcel of land lying and being in Land Lots 39 and 40 of the 12th District, 3rd Section of Whitfield County and containing a total of approximately 2.5 acres and being more particularly described as parcels numbers 3 and 6 of the Western and Atlantic Railroad Valuation Map No. V2/51 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 above-described property is in the custody of the State Properties Commission and is a portion of the Western and Atlantic Railroad right of way; (4) The above-described property is not within the lease limits ofthe Western and Atlantic Railroad right of way currently leased to CSX Transportation; (5) The above-described property is currently leased to the ConAgra Poultry Company which has expressed an interest in terminating the lease; and (6) The City of Tunnel Hill is desirous of acquiring the subject property for parking in conjunction with the Tunnel Hill historic tunnel site; and
WHEREAS: (1) The State of Georgia is the owner of a certain parcel of real property located in Whitfield County, Georgia; (2) Said property is all that tract or parcel located in Land Lot 352 of the 12th District, 3rd Section of Whitfield County containing approximately 1.61 acres and identified as Tract 2 on a plat of survey prepared by Donald O. Babb, Georgia Registered Land Surveyor #2029, dated November 1,2000, and being on file in the offices of the State Properties Commission, and may be more

I 108______GENERAL ACTS AND RESOLUTIONS, VOL. I_________
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 above-described property is in the custody of the Department of Corrections: (4) It has been determined that Textile Industrial Welding, Inc., which adjoins the subject property, has encroached upon the subject property; (5) Textile Industrial Welding is desirous of acquiring the subject property in order to cure encroachment; and (6) The Department of Corrections has no objection to the conveyance of the subject property to Textile Industrial Welding, Inc.; 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 6th G M D of Chatham County and containing approximately 0.179 of one acre and being more particularly described as follows: Beginning at a point located on the south existing right of way of Elsenhower Drive, 57.81 feet right of and opposite Eisenhower Drive Construction Centerline Station 1+410.00; thence S 72 degrees 21' 40" E along said existing right of way line a distance of 511.81 feet to a point; thence N85 degree 19' 19" W a distance of 77.42 feet to a point; thence N72 degrees 23' 56" W a distance of 318.24 feet to a point; thence N68 degrees 18' 39" W a distance of 118.41 feet to a point; thence Nl 7 degrees 35' 04" a distance of 9.21 feet back to said point of Beginning, 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 Human Resources at its Savannah Regional Hospital; and (4) Chatham County is in the process of planning and constructing Phase III of the Truman Parkway project; (5) Chatham County is desirous of acquiring the above-described property in conjunction with the construction of Truman Parkway project; and (6) The Department of Human Resources has no objection to the conveyance of the above-described property to Chatham County for said road project; and
WHEREAS: (1) The State of Georgia is the owner of a certain parcel of real property located in Pickens County, Georgia; (2) Said property is all that tract or parcel located in Land Lot 306 of the 12th District, 3rd Section of Pickens County containing approximately 1.781 acres as described on a plat of survey prepared by James Charles Boling, Georgia Registered Land Surveyor #2531, dated July 31,2000, and being on file in the offices of the State Properties Commission, and may be more particularly

____________GEORGIA LAWS 2001 SESSION__________[109
described on a plat of survey prepared by a Georgia registered land surveyor and presented to the State Properties Commission for approval; (3) The above-described property is in the custody of the Department of Technical and Adult Education; (4) The Department of Technical and Adult Education has reached an agreement with the City of Jasper, Pickens County, whereby the said department will exchange the above-described property for a parcel of equal size; (5) The Department of Technical and Adult Education intends to construct a new cooperative learning center on the site the City of Jasper has agreed to convey to the state; and (6) The City of Jasper, Pickens County, is desirous of making said exchange; and
WHEREAS: (1) The State of Georgia is the owner of a certain parcel of real property located in Burke County, Georgia; (2) Said property is all that tract or parcel of land lying and being in the 60th GMD of Burke County and containing approximately 12 acres and is more particularly described on a drawing prepared by Burke County, 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 Technical and Adult Education and is a portion of the 47 acre campus of the Burke County Satellite Center of Augusta Technical Institute; (4) The above-mentioned 47 acre state owned property was conveyed to the state in 1998 by Burke County for a consideration of $10.00; (5) Burke County intends to build a new library for use by the citizens of Burke County; (6) Burke County is desirous of acquiring the above-described approximately 12 acre parcel of state owned property as the location of said library; and (7) The Department of Technical and Adult Education has no objection to the conveyance of the above-described property to Burke County for the abovestated 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 Bartow County and that in all matters relating to the conveyance of the real

1110______GENERAL ACTS AND RESOLUTIONS, VOL. I_________
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 to CSX Transportation, Inc. 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 interests of the State of Georgia.
SECTION 3. That the authorization in this resolution to convey the above-described property to CSX Transportation, 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 Bartow County and a recorded copy shall be forwarded to the State Properties Commission.
SECTION 6. That custody of the above-described property shall remain in the Department of Corrections until the property is conveyed to CSX Transportation, Inc.
SECTION 7. That all funds generated from the sale of the above-described property shall be deposited in the state treasury.
SECTION 8. That all costs associated with the sale of the above-described property shall be borne by the State Properties Commission.
ARTICLE II SECTION 9.
That the State of Georgia is the owner of the above-described real property located in Colquitt 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.

____________GEORGIA LAWS 2001 SESSION__________1111
SECTION 10. That the above-described real property may be conveyed by appropriate instrument to Colquitt County by the State of Georgia, acting by and through the State Properties Commission, for a 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 11. 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 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 Colquitt County and a recorded copy shall be forwarded to the State Properties Commission.
SECTION 14. That custody of the above-described property shall remain in the Georgia Forestry Commission until the property is conveyed to Colquitt County.
SECTION 15. That all funds generated from the sale of the above-described property shall be deposited in the state treasury.
SECTION 16. That all costs associated with the sale of the above-described property shall be borne by the Georgia Forestry Commission.
ARTICLE III SECTION 17.
That the State of Georgia is the owner of the above-described real property located in Cook 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 18. That the State ofGeorgia's interest, ifany, in the above-described real property may be conveyed by appropriate instrument to the City of Sparks, Cook County, by the State of Georgia, acting by and through the State Properties Commission, for a

1112_____GENERAL ACTS AND RESOLUTIONS, VOL. I________
consideration $1.00, so long as the property is used for a 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 19. That the authorization in this resolution to convey the above-described property to the City of Sparks, Cook County, shall expire three years after the date that this resolution becomes effective.
SECTION 20. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyance.
SECTION 21. That the deed of conveyance shall be recorded by the grantee in the Superior Court of Cook County and a recorded copy shall be forwarded to the State Properties Commission.
SECTION 22. That custody of the above-described property shall remain in the Department of Human Resources until the property is conveyed to the City of Sparks, Cook County.
SECTION 23. That all funds generated from the sale of the above-described property shall be deposited in the state treasury.
SECTION 24. That all costs associated with the sale of the above-described property shall be borne by the Department of Human Resources.
ARTICLE IV SECTION 25.
That the State of Georgia is the owner of the above-describe'd real property located in Early 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 26. That the above-described real property may be conveyed by appropriate instrument to Early 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

____________GEORGIA LAWS 2001 SESSION__________1113
Properties Commission shall in its discretion determine to be in the best interests of the State of Georgia.
SECTION 27. That the authorization in this resolution to convey the above-described property to Early County shall expire three years after the date that this resolution becomes effective.
SECTION 28. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyance.
SECTION 29. That the deed of conveyance shall be recorded by the grantee in the Superior Court of Early County and a recorded copy shall be forwarded to the State Properties Commission.
SECTION 30. That custody of the above-described property shall remain in the Department of Technical and Adult Education until the property is conveyed to Early County.
SECTION 31. That all funds generated from the sale of the above-described property shall be deposited in the state treasury.
SECTION 32. That all costs associated with the sale of the above-described property shall be borne by the Department of Technical and Adult Education.
ARTICLE V SECTION 33.
That the State of Georgia is the owner of the above-described real property located in Franklin 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 34. That the above-described real property may be conveyed by appropriate instrument to the City of Lavonia, Franklin 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 Lavonia, Franklin 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

1114_____GENERAL ACTS AND RESOLUTIONS, VOL. I_________
first be approved by the State Properties Commission. 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 state treasury. Any such conveyance to the City of Lavonia, Franklin County, or to a third party shall be subject to 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 35. That the authorization in this resolution to convey the above-described property to the City of Lavonia, Franklin County, shall expire five 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 such conveyance.
SECTION 37. That the deed of conveyance shall be recorded by the grantee in the Superior Court of Franklin County and a recorded copy shall be forwarded to the State Properties Commission.
SECTION 38. That custody of the above-described property shall remain in the Department of Defense until the property is conveyed to the City of Lavonia, Franklin County.
SECTION 39. That all funds generated from the sale of the above-described property shall be deposited in the state treasury.
SECTION 40. That all costs associated with the sale of the above-described property shall be borne by the Department of Defense.
ARTICLE VI SECTION 41.
That the State of Georgia is the owner of the above-described real property located in Washington 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 the Washington County Board of Education by the State of Georgia, acting by

_____________GEORGIA LAWS 2001 SESSION__________1115
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 Washington County Board of Education 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. 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 state treasury. Any such conveyance to the Washington County Board of Education or to a third party shall be subject to 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 the Washington County Board of Education shall expire three 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 Washington County and a recorded copy shall be forwarded to the State Properties Commission.
SECTION 46. That custody of the above-described property shall remain in the Department of Juvenile Justice until the property is conveyed to the Washington County Board of Education.
SECTION 47. That all funds generated from the sale of the above-described property shall be deposited in the state treasury.
SECTION 48. That all costs associated with the sale of the above-described property shall be borne by the Department of Juvenile Justice.
ARTICLE VII SECTION 49.
That the State of Georgia is the owner of the above-described real property located in Whitfield County and that in all matters relating to the conveyance of the real

1116_____GENERAL ACTS AND RESOLUTIONS, VOL. I________
property the State of Georgia is acting by and through its State Properties Commission.
SECTION 50. That the above-described real property may be conveyed by appropriate instrument to the City of Tunnel Hill, Whitfield 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 Tunnel Hill, Whitfield 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. 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 state treasury. Any such conveyance to the City of Tunnel Hill, Whitfield County, or to a third party shall be subject to 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 51. That the authorization in this resolution to convey the above-described property to the City ofTunnel Hill, Whitfield County, shall expire three years afterthe date that this resolution becomes effective.
SECTION 52. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyance.
SECTION 53. That the deed of conveyance shall be recorded by the grantee in the Superior Court of Whitfield County and a recorded copy shall be forwarded to the State Properties Commission.
SECTION 54. That custody of the above-described property shall remain in the State Properties Commission until the property is conveyed to the City of Tunnel Hill, Whitfield County.
SECTION 55. That all funds generated from the sale of the above-described property shall be deposited in the state treasury.
SECTION 56. That all costs associated with the sale of the above-described property shall be borne by the State Properties Commission.

____________GEORGIA LAWS2001 SESSION__________\\\1
ARTICLE VIII SECTION 57.
That the State of Georgia is the owner of the above-described real property located in Whitfield 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 58. That the above-described state owned property may be conveyed to Textile Industrial Welding, Inc., by appropriate instrument by the State of Georgia, acting by and through State Properties Commission, for a consideration of the fair market value 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 59. That the authorization in this resolution to convey the above-described property to Textile Industrial Welding, Inc., 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 such conveyance.
SECTION 61. That the lease shall be recorded by the grantee in the Superior Court of Whitfield County and a recorded copy shall be forwarded to the State Properties Commission.
SECTION 62. That custody of the above-described property shall remain in the State Properties Commission until the property is conveyed to Textile Industrial Welding, Inc.
SECTION 63. That all funds generated from the sale of the above-described property shall be deposited in the state treasury.
SECTION 64. That all costs associated with the sale of the above-described property shall be borne by the State Properties Commission.

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ARTICLE IX SECTION 65.
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 66. That the above-described real property may be conveyed by appropriate instrument to Chatham County by the State of Georgia, acting by and through State Properties Commission, for a 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 67. 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 68. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyance.
SECTION 69. 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 70. That custody of the above-described property shall remain in the Department of Human Resources until the property is conveyed to Chatham County.
SECTION 71. That all funds generated from the sale of the above-described property shall be deposited in the state treasury.
SECTION 72. That all costs associated with the sale of the above-described property shall be borne by the Department of Human Resources.

____________GEORGIA LAWS 2001 SESSION__________U19
ARTICLE X SECTION 73.
That the State of Georgia is the owner of the above-described real property located in Pickens 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 74. That the above-described real property may be conveyed to the City of Jasper, Pickens County, by appropriate instrument by the State of Georgia, acting by and through the State Properties Commission, in exchange for a certain parcel owned by the City of Jasper, Pickens County, as approved by the Department of Technical and Adult Education, 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 75. That the authorization in this resolution to convey the above-described property to the City of Jasper, Pickens County, shall expire three years after the date that this resolution becomes effective.
SECTION 76. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyance.
SECTION 77. That the deed of conveyance shall be recorded by the grantee in the Superior Court of Pickens County and a recorded copy shall be forwarded to the State Properties Commission.
SECTION 78. That custody of the above-described property shall remain in the Department of Technical and Adult Education until the property is conveyed to the City of Jasper, Pickens County.
SECTION 79. That all funds generated from the sale of the above-described property, if any, shall be deposited in the state treasury.
SECTION 80. That all costs associated with the sale of the above-described property shall be borne by the Department of Technical and Adult Education.

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ARTICLE XI SECTION 81.
That the State of Georgia is the owner of the above-described real property located in Burke 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 82. That the above-described real property located in Burke County may be conveyed by appropriate instrument to Burke County by the State of Georgia, acting by and through the State Properties Commission, 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 interests of the State of Georgia.
SECTION 83. That the authorization in this resolution to convey the above-described property to Burke County shall expire five 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 such conveyance.
SECTION 85. That the deed of conveyance shall be recorded by the grantee in the Superior Court of Burke County and a recorded copy shall be forwarded to the State Properties Commission.
SECTION 86. That custody of the above-described property shall remain in the Department of Technical and Adult Education until the property is conveyed to Burke County.
SECTION 87. That all funds generated from the sale of the above-described property shall be deposited in the state treasury.
SECTION 88. That all costs associated with the conveyance of the above-described property shall be borne by the Department of Technical and Adult Education.

____________GEORGIA LAWS 2001 SESSION__________1121
ARTICLE XII SECTION 89.
That all laws and parts of laws in conflict with this resolution are repealed.
Approved April 27, 2001.
MS. VALERIE LOUISE HAMBY - COMPENSATION.
No. 30 (House Resolution No. 102).
A RESOLUTION
Compensating Ms. Valeric Louise Hamby; and for other purposes.
WHEREAS, on Tuesday, April 27,1999, Ms. Valeric Louise Hamby, a resident of Doraville, Georgia, was driving her 1991 Chevrolet Camaro on Georgia Highway 369 toward Gainesville College; and
WHEREAS, apparently a Department of Transportation truck and crew were painting a white line on a portion of Georgia Highway 369; and
WHEREAS, the Department ofTransportation employees had not set out any cones or warning devices to alert motorists of its work; and
WHEREAS, as Ms. Hamby followed the Department of Transportation truck behind a line of motor vehicles and subsequently passed the truck, the right side of her motor vehicle was damaged as a result of being coated with white paint; and
WHEREAS, Ms. Hamby has suffered unreimbursed property damage to her motor vehicle totaling $100.00; and
WHEREAS, the loss occurred through no fault or negligence on the part of Ms. Hamby 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 Transportation is authorized and directed to pay the sum of $100.00 to Ms. Valerie Louise Hamby as compensation as provided above. Said sum shall be paid from funds appropriated to or available to said Department of Transportation and shall be in full and complete satisfaction of all claims against the state arising out of said occurrence.
Approved April 27, 2001.

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BOBBY W. KIRKLAND AND CAROLYN KIRKLAND - COMPENSATION.
No. 31 (House Resolution No. 141).
A RESOLUTION
Compensating Bobby W. Kirkland and Carolyn Kirkland; and for other purposes.
WHEREAS, Bobby W. Kirkland and Carolyn Kirkland own a farm located six miles north of Alma, Georgia, where U.S. Highway 1 and Georgia Highway 23 split; and
WHEREAS, the Georgia Department ofTransportation constructed drainage canals adjacent to U.S. Highway 1 and Georgia Highway 23 where the department has easements; and
WHEREAS, in 1995, Mr. and Mrs. Kirkland planted 29 acres of the farm in blueberries; and
WHEREAS, the Georgia Department of Transportation failed to properly maintain the drainage canals causing water to flood Mr. and Mrs. Kirkland's blueberry fields; and
WHEREAS, the backup of water drowned nine acres of blueberries on Mr. and Mrs. Kirkland's farm, and one of the canals remains completely blocked; and
WHEREAS, as a result of this drainage problem, Mr. and Mrs. Kirkland have suffered a loss in blueberry production and a loss in revenues. From calendar years 1998 through 2000, Mr. and Mrs. Kirkland have suffered unreimbursed property losses totaling $31,500.00; and
WHEREAS, such losses occurred through no fault or negligence on the part ofMr. and Mrs. Kirkland, and it is only fitting and proper that they be compensated for their losses.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the Department of Transportation is authorized and directed to pay to Bobby W. Kirkland and Carolyn Kirkland, jointly, the sum of $31,500.00 as compensation as provided above. Said sum shall be paid from funds appropriated to or available to said Department of Transportation and shall be in full and complete satisfaction of all claims against the state arising out of said occurrence.
Approved April 27, 2001.

____________GEORGIA LAWS 2001 SESSION__________1123
JOINT STUDY COMMITTEE ON THE PREVENTION AND EMERGENCY CARE OF INJURIES IN GEORGIA, JOINT STUDY COMMITTEE ON GEORGIA BORDER COMMUNITIES, AND COMMISSION ON WORK FORCE SECURITY AND ENHANCEMENT IN THE NEW GEORGIA ECONOMY - CREATION.
No. 32 (Senate Resolution No. 134).
A RESOLUTION
Creating the Joint Study Committee on the Prevention and Emergency Care of Injuries in Georgia; creating the Joint Study Committee on Georgia Border Communities; and creating the Commission on Work Force Security and Enhancement in the New Georgia Economy; and for other purposes.
PARTI
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
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

1124_____GENERAL ACTS AND RESOLUTIONS, VOL. I_______
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 ofRepresentatives to be appointed by the Speaker ofthe House ofRepresentatives; the Director ofthe Governor's Office ofHighway 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 ofthe 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 ofCommunity Health; and the Director ofthe 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 objectives ^nd purposes of this resolution. The members of the committee shall receive the allowances authorized for legislative members ofinterim 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 of its findings and recommendations, with suggestions for proposed legislation, if any, such report shall be made on or before December 15,2001. The committee shall stand abolished on December 15,2001.
PART II
WHEREAS, the State of Georgia has a significant number of communities that border other states; and

____________GEORGIA LAWS 2001 SESSION__________1125
WHEREAS, these border communities are facing a number of serious problems related to their geographical proximity to other states; and
WHEREAS, the disparity in economic incentives, revenue, taxes, and benefits is having a substantial impact on these border communities; and
WHEREAS, studying how states bordering these communities deal with questions of property tax abatement, salary structure, and tax incentives, among other issues, would help guide the development of programs to improve the quality of life in border communities as well as the entire state.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that there is created the Joint Study Committee on Georgia Border Communities to be composed of three members of the Senate to be appointed by the President of the Senate and three members of the House of Representatives to be appointed by the Speaker of the House of Representatives. 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 related to being a border community including the impact on new and current businesses on increases in salaries; a comparison of the flexibilities that other states have in dealing with questions of property tax abatement; and the possibility of establishing a partnership similar to "The Alabama Partnership." 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 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 of its finding and recommendations, with suggestions for proposed legislation, if any, such report shall be made on or before December 15, 2001. The committee shall stand abolished on December 15, 2001.
PART III
WHEREAS, Georgia's employers and employees are reliant upon each other for their mutual economic success; and
WHEREAS, the viability of the state's employment security system is dependent upon maintaining a solvent unemployment trust fund supported by fair employer contributions; and

]_126______GENERAL ACTS AND RESOLUTIONS, VOL. I________
WHEREAS, the federal unemployment insurance system was instituted in 1935 as an income support program tailored to meet the needs of the work force and economy prevailing at that time; and
WHEREAS, Georgia's employment security system was established to assist job seekers in securing suitable employment and to assist employers in obtaining qualified workers to meet workplace needs; and
WHEREAS, the state's employment security system is intended to provide qualified citizens who lose their jobs through no fault of their own with access to limited, employer-funded assistance while they seek new employment or wait for reemployment and to lessen the impact of an economic downturn on the broader community; and
WHEREAS, the public policy of this state is and has been that economic insecurity due to unemployment is a serious menace to the health, morals, and welfare of the people of this state; that involuntary unemployment requires appropriate action by the General Assembly to prevent its spread and to lighten its burden which so often falls with crushing force upon the unemployed worker or the worker's family and that the achievement of social security requires protection against this greatest hazard of our economic life by the systematic accumulation of funds during periods of employment to provide benefits for periods of unemployment; and
WHEREAS, advances in technology and expansion of international trade have forged a new economy and changed the nature of work; and
WHEREAS, the composition of Georgia s work force has become more diverse since the institution of federal and state income support and security programs, with the inclusion of increased numbers of women, minorities, the disabled, and the elderly; and
WHEREAS, the composition of the work force has been further changed in recent years as a result of welfare reform, immigration, and other factors to include increasing numbers of new entrants who are low-skilled and low-wage workers and the State of Georgia has a continuing and abiding interest in strengthening the attachment of these individuals to the work force; and
WHEREAS, much debate has occurred concerning the role and effectiveness of federal and state income support and economic security programs in facilitating worker and employer adjustment to rapidly changing economic circumstances and the adequacy of the design of such programs; and
WHEREAS, any effort to restructure existing income support and economic security programs should include strategies for accommodating the changing needs of workers and employers in a changing economy; and

_____________GEORGIA LAWS 2001 SESSION__________1127
WHEREAS, any effort to restructure existing income support and economic security programs should include careful analysis and consideration ofmethods that enhance the administration of income support and economic security programs; and
WHEREAS, an opportunity should be provided for members of the General Assembly to study and consider these issues and options to address them, with the assistance and advice of employers, labor and other community stakeholders, with the aim of ensuring the continued prosperity of Georgia's economy and its work force; and
WHEREAS, such a study should include consideration of strategies for assisting workers and employers in adjusting to changing economic conditions and changes in the mix of employment opportunities; and
WHEREAS, such a study should also include consideration of the role of public-private partnerships in implementing worker education and job training and community assistance; and
WHEREAS, the foregoing changes necessitate new strategies for providing workplace education and training to assist workers in acquiring new skills.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that there is created the Commission on Work Force Security and Enhancement in the New Georgia Economy to be composed of 17 members as follows: three members of the House of Representatives appointed by the Speaker thereof; three members of the Senate appointed by the President thereof; five members appointed by the Governor, to include representatives of the state Department of Technical and Adult Education, the University System of Georgia, and the public schools, and two additional members; five members appointed by the Commissioner of Labor from the business, labor, and general community; and the Commissioner of Labor who shall chair the commission. The commission shall meet at the call of the chair.
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 Department of Labor.
BE IT FURTHER RESOLVED that the commission shall undertake a study of the conditions, needs, issues, and problems described in this resolution and issues related thereto and may recommend any actions or legislation which the commission deems appropriate. The commission is authorized to conduct meetings at such places and at such times as it considers expedient and to do all other things consistent with this resolution which are necessary or convenient to enable it to fully and adequately exercise its powers, perform its duties, and accomplish the objectives and purposes of this resolution. Departments and agencies of the state

1128_____GENERAL ACTS AND RESOLUTIONS, VOL. I______
are authorized to furnish such assistance to the commission as the commission deems appropriate. Legislative members shall receive expenses and allowances authorized by law for members of interim legislative committees for their services on the commission. Members of the commission who are state officials, other than legislative members, and state employees shall receive no compensation for their services on the commission but shall be reimbursed for expenses incurred by them in the performance of their duties as members of the commission. The funds necessary for the reimbursement of the expenses of state officials, other than legislative members, and their 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 or otherwise available to the Senate and House of Representatives. The commission shall make a report of its findings and recommendations, with suggestions for proposed legislation, if any, on or before December 31,2001. The commission shall stand abolished on December 31, 2001.
Approved April 27, 2001.
JOINT STUDY COMMITTEE ON PHYSICAL ACTIVITY IN GEORGIA SCHOOLS - CREATION.
No. 33 (Senate Resolution No. 252).
A RESOLUTION
Creating the Joint Study Committee on Physical Activity in Georgia Schools; and for other purposes.
WHEREAS, the General Assembly is concerned with the increasing incidence of obesity, the rate of illness connected with this problem, and the resulting impact on the health of the citizens of Georgia; and
WHEREAS, the obesity incidence rate in Georgia has more than doubled over the past decade; and
WHEREAS, Georgia's mortality rate from cardiovascular disease is 10 percent higher than the nation's rate for the same disease; and
WHEREAS, incidence of chronic diseases linked to sedentary lifestyles such as cardiovascular disease and type 2 diabetes (formerly known as "adult-onset diabetes" and now classified as an epidemic in American children) has risen in Georgia; and

_____________GEORGIA LAWS 2001 SESSION__________1129
WHEREAS, 20 percent of American children suffer from obesity; and
WHEREAS, current school curriculum standards have caused a reduction in the amount of time previously designated for physical education and undirected physical activity (recess) in schools; and
WHEREAS, there is evidence which shows that replacing physical activity with academic work does not result in an overall increase in academic performance; and
WHEREAS, physical activity is shown to benefit mental health by increasing self-esteem while decreasing the severity of depression.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that there is created the Joint Study Committee on Physical Activity in Georgia Schools to be composed of three members of the Senate to be appointed by the President of the Senate and three members of the House of Representatives to be appointed by the Speaker of the House of Representatives. The Governor shall designate a member of the committee as chairperson of the committee. The chairperson shall call all meetings of the committee. In addition to the legislative membership of the committee, there shall be an advisory membership of the committee composed of a representative from each of the following: Georgia Dietetic Association; Georgia Association of Education Leaders; Georgia Association for Health, Physical Education, Recreation, and Dance; Georgia Parent Teacher Association; Georgia Coalition for Physical Activity and Nutrition; Georgia Nurses Association; Georgia Partnership for School Health; Georgia Chapter of the American Heart Association; Georgia Chapter of the American Academy of Pediatrics; Georgia Department of Human Resources, Division of Public Health-Chronic Disease Prevention and Health Promotion Branch; and Georgia Department of Education.
BE IT FURTHER RESOLVED that 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 including, without limitation, a study of opportunities to increase physical activity in the school setting and the conditions, needs, issues, and problems related thereto. The legislative 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 cany out the provisions of this resolution shall come from the funds appropriated to the Senate and House of Representatives. No allowance shall be paid for other members of the committee. In the event the committee makes a report of its findings and

1130______GENERAL ACTS AND RESOLUTIONS, VOL. I_________
recommendations, with suggestions for proposed legislation, if any, such report shall be made on or before December 15, 2001. The committee shall stand abolished on December 15, 2001.
Approved April 27, 2001.
JOINT STUDY COMMITTEE ON GEORGIA MILITARY COLLEGE - CREATION.
No. 34 (Senate Resolution No. 267).
A RESOLUTION
Creating the Joint Study Committee on Georgia Military College; and for other purposes.
WHEREAS, Georgia Military College has a long and distinguished record of service to the citizens of the State of Georgia; and
WHEREAS, there is interest in the status of Georgia Military College and its relationship with state government, including its alignment with the Department of Technical and Adult Education; and
WHEREAS, there are numerous issues which must be considered in any potential change in the status of Georgia Military College, including budgeting, fiscal accountability, staffing, and programs and educational services provided by the college; and
WHEREAS, every effort should be undertaken to examine the complex issues involved before any change is made in the status of Georgia Military College.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that there is created the Joint Study Committee on Georgia Military College to be composed of three members to be appointed by the Governor, three members of the Senate to be appointed by the President of the Senate, and three members of the House of Representatives to be appointed by the Speaker of the House of Representatives. 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 mentioned above or related thereto and recommend any actions or legislation which the committee deems necessary or

____________GEORGIA LAWS 2001 SESSION__________1131
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 ofthis resolution. The members ofthe committee who are not employees or officials of the executive branch of the state 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 by the President of the Senate and the Speaker of the House of Representatives. The funds necessary to carry out the provisions of this resolution shall come from the funds appropriated to the Senate and to the House of Representatives. The Governor and departments and agencies of the state are authorized and directed to provide assistance to the committee in the conduct of the study authorized by this resolution. In the event the committee makes a report of its findings and recommendations, with suggestions for proposed legislation, if any, such report shall be made on or before December 31, 2001. The committee shall stand abolished on December 31, 2001.
Approved April 27, 2001.
STATE PROPERTY - CITY OF PERRY; PUTNAM COUNTY; TERRELL COUNTY; SUMTER COUNTY; CONVEYANCES.
No. 35 (House Resolution No. 139).
A RESOLUTION
Authorizing the conveyance of certain state owned real property located in Houston County, Georgia; authorizing the conveyance of certain state owned real property located in Putnam County, Georgia; authorizing the conveyance of certain state owned real property located in Terrell County, Georgia; authorizing the conveyance of certain state owned real property located in Sumter 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 Houston County, Georgia; (2) Said real property is all that tract or parcel of land lying and being in the City of Perry, Houston County, and containing approximately 1.6 acres and is more particularly described on a plat of survey dated January 24, 1949, prepared by Rhodes Sewell, Georgia Registered Land Surveyor No. 160, 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;

1132______GENERAL ACTS AND RESOLUTIONS, VOL. I________
(3) Said property is under the custody of the Georgia Department of Defense and is the site of the Houston County National Guard Armory; (4) The above-described property was conveyed to the state in 1949 for a consideration of $ 10.00 and in 1952 by Corrective Deed, also for $ 10.00 by the mayor and councilmen of the City of Perry; (5) The Department of Defense is consolidating its activities throughout the State and has determined that the site of the Houston County National Guard Armory is no longer needed to carry out the mission of the National Guard; and (6) The City of Perry is desirous of acquiring the above-described property for public purposes; and
WHEREAS: (1) The State of Georgia is the owner of a certain parcel of real property located in Putnam County, Georgia; (2) Said real property is all that tract or parcel of land lying and being in the 368th GMD of Putnam County and containing approximately 5 acres and being more particularly described as follows: Starting at a common corner of property of Putnam County Development Corporation, the Eatonton-Godfrey Highway and the property herein described; thence north 81 degrees 45 minutes west for a distance of 674 feet; thence north 35 degrees 34 minutes west for a distance of 227 feet; thence north 54 degrees 46 minutes east for a distance of 442 feet and to the Eatonton-Godfrey Highway; thence in a southeasterly direction along the Eatonton-Godfrey Highway for a distance of 692.22 feet to the point of beginning. Reference is made to a plat of said tract recorded in Plat Book 2, page 185, Clerk s Office, Putnam Superior Court, 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 Defense and is the site of the Putnam County National Guard Armory; (4) The above-described property was conveyed to the state in 1960 by 4he City of Eatonton and Putnam County for a consideration of $10.00; (5) The Department of Defense is consolidating its activities throughout the state and has determined that the site of the Putnam County National Guard Armory is no longer needed to carry out the mission of the National Guard; and (6) Putnam County is desirous of acquiring the above-described property for public purposes; and
WHEREAS: (1) The State of Georgia is the owner of a certain parcel of real property located in Terrell County, Georgia; (2) Said real property is all that tract or parcel of land lying and being in the City of Dawson, Terrell County, and containing approximately 3.30 acres and

____________GEORGIA LAWS 2001 SESSION__________1133
is more particularly described on a plat of survey dated August 31, 1954, prepared by S. P. Crotwell recorded in Plat Book I, page 214 in the Superior Court, Terrell County, 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 Defense and is the site of the Terrell County National Guard Armory; (4) The Department of Defense is consolidating its activities throughout the state and has determined that the site of the Terrell County National Guard Armory is no longer needed to carry out the mission of the National Guard; and (5) Terrell County is desirous of acquiring the above-described property for public purposes; and
WHEREAS: (1) The State of Georgia is the owner of a certain parcel of real property located in Sumter County, Georgia; (2) Said real property is all that tract or parcel of land lying and being in the City of Americus, Sumter County, and containing approximately 1.382 acres and is more particularly described on a plat of survey dated January 15, 1981, prepared by James R. Littlefield, Georgia Registered Land SurveyorNo. 1304, 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 Bureau of Investigation and is the site of its Region 3 Investigative Office; (4) The above-described state owned property was conveyed to the State on May 13, 1982, by Sumter County for a consideration of $10.00; (5) Sumter County intends to build a new Region 3 Investigative Office for use by the Georgia Bureau of Investigation; and (6) Sumter County is desirous of acquiring the current site of the Region 3 Investigative Office when the Georgia Bureau of Investigation vacates the site and declares it surplus.
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 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.

1134______GENERAL ACTS AND RESOLUTIONS, VOL. I________
SECTION 2. That the above-described real property may be conveyed to the City of Perry, Houston County, for a 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 interest of the State of Georgia.
SECTION 3. That the authorization in this resolution to convey the above-described property to the City of Perry, Houston 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 Houston County and a recorded copy shall be forwarded to the State Properties Commission.
SECTION 6. That custody of the above-described property shall remain in the Department of Defense until the property is conveyed to the City of Perry, Houston County.
SECTION 7. That all funds generated from the sale of the above-described property shall be deposited in the state treasury.
SECTION 8. That all costs associated with the sale of the above-described property shall be borne by the Department of Defense.
ARTICLE II SECTION 9.
That the State of Georgia is the owner of the above-described real property located in Putnam 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 10. That the above-described real property may be conveyed by appropriate instrument to Putnam County by the State of Georgia, acting by and through the State Properties Commission, for a consideration of $ 1.00, so long as the property is used

____________GEORGIA LAWS 2001 SESSION__________1135
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 11. That the authorization in this resolution to convey the above-described property to Putnam 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 such conveyance.
SECTION 13. That the deed of conveyance shall be recorded by the grantee in the Superior Court of Putnam County and a recorded copy shall be forwarded to the State Properties Commission.
SECTION 14. That custody of the above-described property shall remain in the Department of Defense until the property is conveyed to Putnam County.
SECTION 15. That all funds generated from the sale of the above-described property shall be deposited in the state treasury.
SECTION 16. That all costs associated with the sale of the above-described property shall be borne by the Department of Defense.
ARTICLE III SECTION 17.
That the State of Georgia is the owner of the above-described real property located in Terrell 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 18. That the above-described real property may be conveyed by appropriate instrument to Terrell County by the State of Georgia, acting by and through the State Properties Commission, 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.

1136_____GENERAL ACTS AND RESOLUTIONS, VOL. I_______
SECTION 19. That the authorization in this resolution to convey the above-described property to Terrell County shall expire three years after the date that this resolution becomes effective.
SECTION 20. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyance.
SECTION 21. That the deed of conveyance shall be recorded by the grantee in the Superior Court of Terrell County and a recorded copy shall be forwarded to the State Properties Commission.
SECTION 22. That custody of the above-described property shall remain in the Department of Defense until the property is conveyed to Terrell County.
SECTION 23. That all funds generated from the sale of the above-described property shall be deposited in the state treasury.
SECTION 24. That all costs associated with the sale of the above-described property shall be borne by the Department of Defense.
ARTICLE IV SECTION 25.
That the State of Georgia is the owner of the above-described real property located in Sumter 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 26. That the above-described real property located in Sumter County may be conveyed by appropriate instrument to Sumter County by the State of Georgia, acting by and through the State Properties Commission County, for a consideration of $ 1.00, once the property is vacated by the Georgia Bureau of Investigation, provided that the fair market value of the above-described state owned property shall be deducted from the rental rate of the new facility to be built by Sumter County over a term of not more than ten years, and such further consideration and provisions as the State Properties Commission shall in its discretion determine to be in the best interest of the State of Georgia.

____________GEORGIA LAWS 2001 SESSION__________1137
SECTION 27. That the authorization in this resolution to convey the above-described property to Sumter County shall expire five years after the date that this resolution becomes effective.
SECTION 28. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyance.
SECTION 29. That the deed of conveyance shall be recorded by the grantee in the Superior Court of Sumter County and a recorded copy shall be forwarded to the State Properties Commission.
SECTION 30. That custody of the above-described property shall remain in the Georgia Bureau of Investigation until the property is conveyed to Sumter County.
SECTION 31. That all costs associated with the conveyance ofthe above-described property shall be borne by the Georgia Bureau of Investigation.
ARTICLE V SECTION 32.
That all laws and parts of laws in conflict with this resolution are repealed.
Approved April 27, 2001.
JOINT HAZARDOUS SITES RESPONSE ACT REAUTHORIZATION STUDY COMMITTEE, JOINT STUDY COMMITTEE ON PROVIDING DRIVERS' LICENSES TO ALIENS, AND JOINT STUDY COMMITTEE ON LIMITED ACCESS FOR STATE ROUTE 316/UNIVERSITY PARKWAY - CREATION.
No. 36 (House Resolution No. 174).
A RESOLUTION
Creating the Joint Hazardous Sites Response Act Reauthorization Study Committee; creating the Joint Study Committee on Providing Drivers' Licenses to

1138_____GENERAL ACTS AND RESOLUTIONS, VOL. I_______
Aliens; creating the Joint Study Committee on Limited Access for State Route 316/University Parkway; and for other purposes.
WHEREAS, the natural environment is a precious resource of this state and its protection is a crucial component to the future prosperity of Georgia; and
WHEREAS, the protection of human health is of utmost concern to the Environmental Protection Division of the Department of Natural Resources of the State of Georgia; and
WHEREAS, the Environmental Protection Division is charged with protecting human health and the environment from release of hazardous waste, hazardous constituents, and hazardous materials from hazardous sites; and
WHEREAS, the Environmental Protection Division protects human health and the environment from releases at hazardous sites through the use of the Hazardous Waste Trust Fund which is funded by fees on hazardous waste, hazardous substances, and solid waste; and
WHEREAS, the State of Georgia Program Evaluation of the Sufficiency of the Hazardous Waste Trust Fund, prepared December, 1999, by the Department of Audits and Accounts, showed a $213.6 million shortfall in funding under the current fee structure; and
WHEREAS, the Hazardous Waste Trust Fund will not have enough funding to protect human health and the environment from releases at hazardous sites if additional funding is not obtained; and
WHEREAS, the fees will sunset on July 1,2003, if they are not reauthorized by the General Assembly; and
WHEREAS, an overall comprehensive study should be undertaken to assist the General Assembly in determining the need for additional funding for the Hazardous Waste Trust Fund; and
WHEREAS, significant economic growth has occurred and is continuing to occur along our state highway system, particularly along the University Parkway portion of State Route 316 that runs through portions of Barrow, Gwinnett, and Oconee counties; and
WHEREAS, the current traffic conditions along the University Parkway portion of State Route 316 need to be studied to determine whether it warrants status as a limited-access roadway.

____________GEORGIA LAWS 2001 SESSION__________1139
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that there is created the Joint Hazardous Sites Response Act Reauthorization Study Committee. The President of the Senate shall appoint three members ofthe Senate, one ofwhom shall serve as cochairperson ofthe committee. The President of the Senate shall also appoint three additional persons to the committee, one representing the interests ofenvironmental groups, one representing the interests of business and industry, and one representing the interests of municipal corporations. The Speaker ofthe House of Representatives shall appoint three members of the House, one of whom shall serve as cochairperson of the committee. The Speaker of the House of Representatives shall also appoint three additional persons to the committee, one representing the interests ofenvironmental groups, one representing the interests ofbusiness and industry, and one representing the interests of counties. The director of the Environmental Protection Division of the Department ofNatural Resources shall serve as a member ofthe committee and shall provide information as requested by the committee; provided, however, that the director shall have no vote on any matter before the committee. 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 regarding the funding shortfall mentioned above or related thereto, including a review of experience with the Hazardous Sites Response Act to date to determine what improvements might allow for more cost effective results, 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 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 the House of Representatives. In the event the committee makes a report of its findings and recommendations, with suggestions for proposed legislation, if any, such report shall be made on or before December 1,2001. The committee shall stand abolished on December 1, 2001.
BE IT FURTHER RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that there is created the Joint Study Committee on Providing Drivers' Licenses to Aliens. The President of the Senate shall appoint three members of the Senate, one of whom shall serve as cochairperson of the committee. The Speaker of the House of Representatives shall appoint three members of the House, one of whom shall serve as cochairperson ofthe committee. The cochairpersons shall call all meetings of the committee.

1140_____GENERAL ACTS AND RESOLUTIONS, VOL. I________
BE IT FURTHER RESOLVED that the committee shall undertake a study of the issues, needs, and problems regarding providing drivers' licenses to aliens and recommend any legislation which the committee deems necessary or appropriate. The committee may conduct meetings at such places and times as it may deem necessary. 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 appropriate to the Senate and House of Representatives. In the event the committee 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, 2002. The committee shall stand abolished on December 1, 2001.
BE IT FURTHER RESOLVED that there is created the Joint Study Committee on Limited Access for State Route 316/University Parkway to be composed of five members of the House of Representatives to be appointed by the Speaker of the House of Representatives and five members of the Senate to be appointed by the President of the Senate. The Speaker of the House and the President of the Senate shall each designate a member ofthe committee as cochairperson ofthe committee. 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 ofthis resolution. The Georgia Department ofTransportation will provide staff, information, and assistance to the committee throughout its study. 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 ten 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 House of Representatives and the Senate. In the event the committee makes a report of its findings and recommendations, with suggestions for proposed legislation, if any, such report shall be made on or before December 31,2001. The committee shall stand abolished on December 31, 2001.
Approved April 27, 2001.

_____________GEORGIA LAWS 2001 SESSION__________1141
HONORABLE PAUL COVERDELL - PORTRAIT IN STATE CAPITOL.
No. 37 (Senate Resolution No. 178).
A RESOLUTION
Expressing regret at the passing of the Honorable Paul Coverdell and authorizing the placing of his portrait in the State Capitol; and for other purposes.
WHEREAS, it was with profound regret that the citizens of this state learned of the passing ofthe Honorable Paul Coverdell, distinguished senior United States Senator from this state on July 18, 2000; and
WHEREAS, he served with unparalleled ability and integrity as a member of the state Senate from 1970 to 1989; and
WHEREAS, this dynamic public servant faithfully represented the citizens of Atlanta and Fulton County with great distinction, dedication, and ability for almost two decades; and
WHEREAS, he served as minority leader of the state Senate from 1974 to 1989; and
WHEREAS, his consistently thorough consideration of the issues presented to the state Senate and his integrity and reliability rightfully earned him the honor, respect, and trust of his colleagues over the years; and
WHEREAS, he was named by President George H. W. Bush as the director of the Peace Corps of the United States and served in that position from 1989 until 1991; and
WHEREAS, he was elected to the United States Senate in 1992 and served in that august body until his untimely death; and
WHEREAS, he exhibited the level of unselfish leadership ideally expected of public trustees in an effective, representative democracy; and
WHEREAS, he served his country with honor and distinction as an officer in the United States Army from 1962 until 1964; and
WHEREAS, he diligently and conscientiously devoted innumerable hours of his time, talent, and energy to the civic, religious, and charitable concerns of his community, state, and nation; and

1142_____GENERAL ACTS AND RESOLUTIONS, VOL. I________
WHEREAS, his significant organizational and leadership talents, his remarkable patience and diplomacy, his keen sense of vision, and his sensitivity to the needs of the citizens of this state and nation earned him the respect and admiration of his colleagues and associates; and
WHEREAS, it is abundantly fitting and proper that the members of the General Assembly, most especially those with whom he served and to whom he so freely imparted advice, encouragement, and friendship and who regard him with much love and affection, pay appropriate tribute to one of their finest and most distinguished former colleagues for the three decades of impartial, well-reasoned, and enlightened service he rendered on behalf of this state and nation.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the members of this body express their profound sorrow at the untimely death of the Honorable Paul Coverdell and honor his memory for his personal and political influence in supporting legislation which has substantially improved the quality of life for our citizens and contributed to Georgia's leadership role in the South and nation.
BE IT FURTHER RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that this body, in recognition of the Honorable Paul Coverdell's service as an unmatched example of enlightened government and statesmanship, directs that a portrait of Honorable Paul Coverdell be placed at an appropriate location on the third or fourth floor of the State Capitol Building with the location of such portrait to be selected by the Governor, President of the Senate, and the Speaker of the House of Representatives.
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 Paul Coverdell.
Approved April 27, 2001.
CHANCELLOR AND BOARD OF REGENTS OF THE UNIVERSITY SYSTEM OF GEORGIA URGED TO REVERSE DECISION OF THE P-16 COUNCIL.
No. 38 (House Resolution No. 217).
A RESOLUTION
Urging the chancellor and Board of Regents of the University System of Georgia to reverse the decision of the P-16 Council which eliminates agricultural courses

_____________GEORGIA LAWS 2001 SESSION__________1143
and other courses on the 9-12 list of state funded courses approved by the State Board of Education; and for other purposes.
WHEREAS, Georgia's food and fiber industry employs one in every seven Georgians and projects double digit job growth in the future; and
WHEREAS, Georgia's secondary school agriculture program, the University of Georgia's College of Agriculture and Environmental Sciences, and University System of Georgia institutions with strong agriculture programs, combined with student agriculture oriented associations, serve as the foundation upon which the success and growth of Georgia's food and fiber industry has been achieved; and
WHEREAS, Georgia's education reform legislation recognizes that a seamless education (P-16) is essential to realize the potential of an educated populace resulting in sustained economic growth and quality of life; and
WHEREAS, it is recognized that a symbiotic relationship exists between the food and fiber industry and the agriculture curriculum prescribed by the State Board of Education and university system institutions; and
WHEREAS, the University of Georgia is recognized as the oldest land grant university in the United States dedicated to the success of agriculture through education and research; and
WHEREAS, the federal government has continued to recognize the contribution of this university and other educational institutions to maintain Georgia's agriculture position in the international community through funding of the Hatch Act, SmithLever Act, Carl Perkins Act, and other funding sources; and
WHEREAS, Georgia's high schools contribute over 1,000 students annually to the College of Agriculture and Environmental Sciences and over 50,000 students are presently engaged in middle and high school agriculture education with 17,775 students participating in FFA with the intention of pursuing agricultural education and interest; and
WHEREAS, the P-16 Council, supported by the chancellor and Board of Regents of the University System of Georgia, has communicated over the past few years, and specifically this year, that agriculture courses taught in the secondary curriculum would not be accepted as electives to qualify a student for admission to university system institutions; and
WHEREAS, the P-16 Council has further indicated that undergraduate students pursuing degrees in agriculture would not be allowed to take electives in agriculture that support career choices and instead must take other courses, such as fine arts and performing arts; and

1144______GENERAL ACTS AND RESOLUTIONS, VOL. I__________
WHEREAS, this decision by the P-16 Council has been appealed by the agriculture community without success over the past few years; and
WHEREAS, the State Department of Education recommended that the use of the prescribed list of additional academic units be discontinued and that any course on the 9-12 list of state funded courses (as specified in Rule 160-4-2-.03 of the State Department of Education) be allowed to count as an elective as appropriate to each student's high school program of study; and
WHEREAS, the P-16 Council has not accepted recommendations from the State Department of Education, the agriculture community, and others for courses, except for fine arts and performing arts courses, to be added to the list of academic units required for admission to public colleges and universities in the State of Georgia and this appears to refute the concept of a seamless education; and
WHEREAS, students involved in agriculture programs have produced test scores in science and math above the state average according to the Georgia High Schools That Work assessment; and
WHEREAS, the P-16 decision has already negatively impacted student enrollment in high school and college agriculture programs; and
WHEREAS, this fact is documented in the decline of 2,712 students in high school agriculture programs in one year and the decline of 315 students in the undergraduate program in the College of Agriculture and Environmental Sciences over the past four years; and
WHEREAS, the decline of students attributed to P-16 decisions resulted in lower FTE budget earnings in agriculture and environmental sciences, which reduces faculty assigned to instruction and research; and
WHEREAS, university policy requires that positions vacated by retiring faculty or departing faculty shall be eliminated from a college or program experiencing declining enrollment; and
WHEREAS, the decline of students, faculty, and resulting research in agriculture and environmental sciences has serious implications for continued success and economic growth of the agriculture industry in Georgia, reflective of the P-16 Council decisions.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the members of this body strongly advise the chancellor and the Board of Regents of the University System of Georgia to reverse the decision of the P-16 Council to prescribe a list of additional academic units which eliminates

____________GEORGIA LAWS 2001 SESSION__________1145
agriculture courses and other courses on the 9-12 list of state funded courses approved by the State Board of Education.
BE IT FURTHER RESOLVED that the chancellor and members of the Board of Regents of the University System of Georgia formally respond to the members of the General Assembly of Georgia as to the correction of the problem presented in this resolution.
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 chancellor and each member of the Board of Regents of the University System of Georgia.
Approved April 27, 2001.
HEALTH - EMERGENCY MEDICAL SERVICES; EMERGENCY MEDICAL TECHNICIANS, PARAMEDICS, AND CARDIAC TECHNICIANS.
Code Title 31, Chapter 11 Amended.
No. 351 (Senate Bill No. 132).
AN ACT
To amend Chapter 11 of Title 31 of the Official Code of Georgia Annotated, relating to emergency medical services, so as to provide for the transfer of certification and recertification responsibilities for paramedics and cardiac technicians to the Department of Human Resources from the Composite State Board of Medical Examiners; to provide for definitions; to provide for certification and recertification of emergency medical technicians, paramedics, and cardiac technicians by that department; to provide for revocations, investigations, subpoenas, and hearings by that department; to provide for that department to become the successor to the rules, regulations, policies, procedures, and administrative orders of the Composite State Board of Medical Examiners; to provide for conforming changes; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Chapter 11 of Title 31 of the Official Code of Georgia Annotated, relating to emergency medical services, is amended by striking paragraphs (5) and (16) and

1146______GENERAL ACTS AND RESOLUTIONS, VOL. I_______
adding paragraph (6.1) following paragraph (6) of Code Section 31-11-2, relating to definitions, and inserting in their respective places the following:
"(5) 'Cardiac technician' means a person who, having been trained and certified as an emergency medical technician and having completed additional training in advanced cardiac life support techniques in a training course approved by the department, is so certified by the Composite State Board of Medical Examiners prior to January 1, 2002, or the Department of Human Resources on and after January 1, 2002." '(6.1) 'Department' means the Department of Human Resources." '(16) 'Paramedic' means any person who has been certified by the composite board before January 1,2002, or by the department on or after January 1,2002, as having been trained in emergency care techniques in a paramedic training course approved by the department.'
SECTION 2. Said chapter is further amended by striking Code Section 31-11-51, relating to certification and recertification of emergency medical technicians, and inserting in its place the following:
'31-11-51.
The board shall, by regulation, authorize the department to establish procedures and standards for certifying and recertifying emergency medical technicians. The department shall succeed to all rules and regulations, policies, procedures, and administrative orders of the composite board which were in effect on December 31, 2001, and which relate to the functions transferred to the department by this chapter. 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."
SECTION 3.
Said chapter is further amended by striking Code Section 31-11-52, relating to certification and recertification of and training for paramedics and cardiac technicians, and inserting in its place the following:
"31-11-52.
(a) The department shall establish procedures and standards for certifying and recertifying paramedics and cardiac technicians. An applicant for initial certification as a paramedic or a cardiac technician must:
(1) Submit a completed application on a form to be prescribed by the department, which shall include evidence that the applicant is 18 years of age or older and is of good moral character; (2) Submit from the department a notarized statement that the applicant has completed a training course approved by the department; (3) Submit to the department a fee as set forth in the regulations of the department; and (4) Meet such other requirements as are set forth in the rules and regulations of the department.

____________GEORGIA LAWS 2001 SESSION__________1147
(b) The department shall also adopt procedures and standards for its approval of paramedic training courses and cardiac technician training courses. The department shall adopt such regulations after consultation with appropriate public and private agencies and organizations concerned with medical education and the practice of medicine. Procedures and standards adopted by the department shall be consistent with the purposes and provisions of this chapter."
SECTION 4. Said chapter is further amended by striking Code Section 31-11-54, relating to services which may be rendered by paramedics and paramedic trainees, and inserting in its place the following:
'31-11-54.
(a) Upon certification by the department, paramedics may perform any service that a cardiac technician is permitted to perform. In addition, upon the order of a duly licensed physician and subject to the conditions set forth in paragraph (2) of subsection (a) of Code Section 31-11-55, paramedics may perform any other procedures which they have been both trained and certified to perform, including, but not limited to:
(1) Administration of parenteral injections of diuretics, anticonvulsants, hypertonic glucose, antihistamines, bronchodilators, emetics, narcotic antagonists, and others; (2) Cardioversion; and (3) Gastric suction by intubation. (b) While in training preparatory to becoming certified, paramedic trainees may perform any of the functions specified in this Code section under the direct supervision of a duly licensed physician, a registered nurse, or an approved paramedic clinical preceptor."
SECTION 5. Said chapter is further amended by striking Code Section 31-11-55, relating to services which may be rendered by cardiac technicians and trainees, and inserting in its place the following:
"31-11-55.
(a) Upon certification by the department, cardiac technicians may do any of the following:
(1) Render first-aid and resuscitation services; (2) Upon the order of a duly licensed physician and as recommended by the Emergency Health Services Advisory Council and approved by the department:
(A) Perform cardiopulmonary resuscitation and defibrillation in a pulseless, nonbreathing patient; (B) Administer approved intravenous solutions; (C) Administer parenteral injections of antiarrhythmic agents, vagolytic agents, chronotropic agents, alkalizing agents, analgesic agents, and vasopressor agents; and

1148_____GENERAL ACTS AND RESOLUTIONS, VOL. I________
(D) Perform pulmonary ventilation by esophageal airway and endotracheal intubation. (b) While in training preparatory to becoming certified, cardiac technician trainees may perform any of the functions specified in this Code section under the direct supervision of a duly licensed physician or a registered nurse."
SECTION 6. Said chapter is further amended by striking Code Section 31-11-57, relating to revocation of certificates issued to paramedics and cardiac technicians, and inserting in its place the following:
'31-11-57. Certificates issued to paramedics and cardiac technicians pursuant to this chapter may be revoked for good cause by the department in accordance with established rules and regulations, after notice to the certificate holder of the charges and an opportunity for hearing. Such proceedings shall be conducted in accordance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' The department shall have the authority to conduct investigations and subpoena any documents relating to the fitness of paramedics and cardiac technicians. Such documents may be used in any hearing conducted by the department.*
SECTION 7. Said chapter is further amended by striking Code Section 31-11-58.1, relating to recertification of paramedics and cardiac technicians and applicable continuing education requirements, and inserting in its place the following:
'31-11-58.1. (a) The department shall be authorized to require paramedics and cardiac technicians seeking recertification under this chapter to complete department approved continuing education of not less than 40 hours biennially. The department shall be authorized to approve courses including but not limited to courses offered by the department, the number of hours required, and the category in which these hours should be earned. (b) The department shall be authorized to waive the continuing education requirement in cases of hardship, disability, illness, or under such other circumstances as the department deems appropriate. (c) The department shall be authorized to promulgate rules and regulations to implement and ensure compliance with the requirements of this Code section. (d) This Code section shall apply to each recertification cycle which begins after the renewal deadline in 2000."
SECTION 8. All laws and parts of laws in conflict with this Act are repealed.
Approved April 28, 2001.

_____________GEORGIA LAWS 2001 SESSION__________1149
PUBLIC UTILITIES AND PUBLIC TRANSPORTATION - ELECTRICITY; COGENERATION; DISTRIBUTED GENERATION.
Code Title 46, Chapter 3, Article 1, Part 3 Revised.
No. 352 (Senate Bill No. 93).
AN ACT
To amend Article 1 of Chapter 3 of Title 46 of the Official Code of Georgia Annotated, relating to generation and distribution of electricity generally, so as to change certain provisions relating to operation of electrical cogeneration facilities and sales of energy therefrom; to provide for a program of distributed generation for operators of certain solar electrical facilities; to provide for a short title; to provide legislative findings and declarations; to provide for definitions; to provide for procedures, requirements, and limitations; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Article 1 of Chapter 3 of Title 46 of the Official Code of Georgia Annotated, relating to generation and distribution of electricity generally, is amended by striking Part 3, "The Georgia Cogeneration Act of 1979," and inserting in lieu thereof the following:
Tart 3
46-3-50. This part shall be known and may be cited as The Georgia Cogeneration and Distributed Generation Act of 2001.'
46-3-51. (a) The legislature finds that it is in the public interest to:
(1) Encourage private investment in renewable energy resources; (2) Stimulate the economic growth of Georgia; and (3) Enhance the continued diversification of the energy resources used in Georgia. (b) The General Assembly further finds and declares that a program to provide distributed generation for eligible cogenerators is a way to encourage private investment in renewable energy resources, stimulate in-state economic growth, enhance the continued diversification of this state's energy resource mix, and reduce interconnection and administrative costs.

1150_____GENERAL ACTS AND RESOLUTIONS, VOL. I________
46-3-52.
As used in this part, the term: (1) 'Bidirectional metering' means measuring the amount of electricity supplied by an electric service provider and the amount fed back to the electric service provider by the customer's distributed generation facility using the same meter. (2) '(Regeneration facility' means a facility, other than a distributed generation facility, which produces electric energy, steam, or other forms of useful energy (such as heat) which are used for industrial, commercial, heating, or cooling purposes. (3) 'Commission' means the Georgia Public Service Commission. (4) 'Customer generator' means the owner and operator of a 'distributed generation facility.' (5) 'Distributed generation facility' means a facility owned and operated by a customer of the electric service provider for the production of electrical energy that: (A) Uses a solar Photovoltaic system, fuel cell, or wind turbine; (B) Has a peak generating capacity of not more than 1 OkW for a residential application and lOOkW for a commercial application; (C) Is located on the customer's premises; (D) Operates in parallel with the electric service provider's distribution facilities; (E) Connected to the electric service provider's distribution system on either side of the electric service provider's meter; and (F) Is intended primarily to offset part or all of the customer generator's requirements for electricity. (6) 'Electric membership corporation' means a corporation organized under Article 2 of this chapter. (7) 'Electric service provider' means any electric utility, electric membership corporation, or municipal electric utility that is engaged in the business of distributing electricity to retail electric customers in the state. (8) 'Electric supplier' means any electric utility, electric membership coiporation furnishing wholesale service, any municipal electric utility or any other person which furnishes wholesale service to any municipality, and the Tennessee Valley Authority. (9) 'Electric utility' means any retail supplier of electricity whose rates are fixed by the commission. (10) 'Municipal electric utility' means a city or town that owns or operates an electric utility. (11) 'Person' means a natural person, corporation, trust, partnership, incorporated or unincorporated association, or any other legal entity. (12) 'Renewable energy sources' means energy supplied from technologies as approved in the Georgia Green Pricing Accreditation Program.

_____________GEORGIA LAWS 2001 SESSION__________U5J_
46-3-53.
(a) Any person may operate a cogeneration facility without being subject to the jurisdiction or regulation of the commission if such person uses all of the electric energy, steam, or other form of useful energy produced at such cogeneration facility. The electric energy shall not be sold to any other person except as provided in subsection (b) of this Code section. (b) Any person may operate a cogeneration facility and sell any excess electric energy to an electric supplier without being subject to the jurisdiction or regulation of the commission; provided, however, that nothing in this article shall affect a person from compliance with federal law.
46-3-54.
An electric service provider: (1) Shall make either bidirectional metering or single directional metering available to customer generators depending on how the distributed generation facility is connected to the distribution system of the electric service provider; (2) Shall enter into a written agreement with the customer generator to charge the customer generator the rate established by the commission, or the appropriate governing body, in the case of any other electric service provider or electric supplier, for metering services; (3) In setting the fees for metering service, the commission, or the appropriate governing body, in the case of any other electric service provider or electric supplier, will include the direct costs associated with interconnecting or administering metering services or distributed generation facilities and will not allocate these costs among the utility's entire customer base. (4) In establishing such a fee for metering services, the electric service provider shall not charge the customer generator any standby, capacity, interconnection, or other fee or charge, other than a monthly service charge, unless agreed to by the customer generator or approved by the commission, in the case of an electric utility, or the appropriate governing body, in the case of any other electric service provider or electric supplier.
46-3-55.
Consistent with the other provisions of this chapter, the energy flow shall be measured and paid for in the following manner:
(1) If the distributed generation facilities are connected to the electric service provider's distribution system on the customer generator's side of the customer's meter, the electric service provider shall:
(A) Measure the electricity produced or consumed during the billing period, in accordance with normal metering practices using bidirectional metering; (B) When the electricity supplied by the electric service provider exceeds the electricity generated by the customer's distributed generation, the electricity shall be billed by the electric service provider, in accordance with tariffs filed with the commission; or

1152_____GENERAL ACTS AND RESOLUTIONS, VOL. I________
(C) When electricity generated by the customer's distributed generation system exceeds the electricity supplied by the electric service provider, the customer generator:
(i) Shall be billed for the appropriate customer charges for that billing period; and (ii) Shall be credited for the excess kilowatt-hours generated during the billing period at an agreed to rate as filed with the commission, with this kilowatt-hour credit appearing on the bill for the billing period. (2) If the distributed generation facilities are connected to the electric service provider's distribution system on the electric service provider's side of the customer's meter, the electric service provider shall: (A) Measure the electricity produced or consumed during the billing period, in accordance with normal metering practices using single directional metering; (B) Charge the customer generator a minimum monthly fee as established in Code Section 46-3-54; and (C) If there is electricity generated by the customer generator for the billing period, the customer generator shall be compensated at an agreed to rate as filed with the commission.
46-3-56.
(a) An electric service provider will only be required to purchase energy as specified in Code Section 46-3-55 from an eligible customer generator on a first-come, first-served basis until the cumulative generating capacity of all renewable energy sources equals to 0.2 percent of the utility's annual peak demand in the previous year provided, however, that no electric service provider will be required to purchase such energy at a price above avoided energy cost unless that amount of energy that has been subscribed under any renewable energy program. (b) Once the capacity is subscribed, an electric service provider may purchase energy from an eligible customer generator at a cost of energy as defined for a utility by the commission, in the case of an electric utility, or by the appropriate governing body, in the case of any other electric service provider or electric supplier. (c) A distributed generation facility used by a customer generator shall include, at the customer's own expense, all equipment necessary to meet applicable safety, power quality, and interconnection requirements established by the National Electrical Code, National Electrical Safety Code, the Institute of Electrical and Electronics Engineers, and Underwriters Laboratories. (d) The commission, in the case of an electric utility, or the appropriate governing body, in the case of other electric service providers or electric suppliers, after appropriate notice and opportunity for comment, may adopt by regulation additional safety, power quality, and interconnection requirements for customer generator that the commission or governing body determines are necessary to protect public safety and system reliability.

_____________GEORGIA LAWS 2001 SESSION__________1153
(e) An electric service provider may not require a customer generator whose distributed generation facility meets the standards in subsections (a) and (b) of this Code section, to comply with additional safety or performance standards, perform or pay for additional tests, or purchase additional liability insurance. (f) No electric service provider or electric supplier shall be liable to any person, directly or indirectly, for loss of property, injury, or death resulting from the interconnection of a cogenerator or distributed generation facility to its electrical system.'
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.
Approved April 28, 2001.
CRIMES AND OFFENSES - MILITARY VETERAN GRAVE MARKER DEFACEMENT OR THEFT.
Code Sections 16-7-21 and 16-18-12 Amended.
No. 353 (Senate Bill No. 207).
AN ACT
To amend Code Section 16-7-21 of the Official Code of Georgia Annotated, relating to criminal trespass, and Code Section 16-8-12 of the Official Code of Georgia Annotated, relating to penalties for theft offenses, so as to provide for penalties for intentionally defacing, mutilating, defiling, or committing any of certain theft offenses with regard to any grave marker, monument, or memorial to one or more deceased persons who served in the military service or a monument, plaque, marker, or memorial which is dedicated to, honors, or recounts the military service of any past or present military personnel of this state, the United States of America or any of the states thereof, or the Confederate States of America or any of the states thereof; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Code Section 16-7-21 of the Official Code of Georgia Annotated, relating to criminal trespass, is amended by inserting a new subsection to be designated subsection (e) to read as follows:
"(e) A person commits the offense of criminal trespass when he or she intentionally defaces, mutilates, or defiles any grave marker, monument, or

1154_____GENERAL ACTS AND RESOLUTIONS, VOL. I________
memorial to one or more deceased persons who served in the military service of this state, the United States of America or any of the states thereof, or the Confederate States of America or any of the states thereof, or a monument, plaque, marker, or memorial which is dedicated to, honors, or recounts the military service of any past or present military personnel of this state, the United States of America or any of the states thereof, or the Confederate States of America or any of the states thereof if such grave marker, monument, memorial, plaque, or marker is privately owned or located on land which is privately owned."
SECTION 2. Code Section 16-8-12 of the Official Code of Georgia Annotated, relating to penalties for theft offenses, is amended in subsection (a) by striking paragraphs (4) and (5) and inserting in lieu thereof the following:
"(4)(A) The provisions of paragraph (1) of this subsection notwithstanding, if the property which was the subject of the theft was a motor vehicle or was a motor vehicle part or component which exceeded $ 100.00 in value or ifthe theft or unlawful activity was committed in violation of subsection (b) of Code Section 10-1-393.5 or in violation of subsection (b) of Code Section 10-1-393.6 or while engaged in telemarketing conduct in violation of Chapter 5B of Title 10, by imprisonment for not less than one nor more than ten years or, in the discretion of the trial judge, as for a misdemeanor; provided, however, that any person who is convicted of a second or subsequent offense under this paragraph shall be punished by imprisonment for not less than one year nor more than 20 years. (B) Subsequent offenses committed under this paragraph, including those which may have been committed after prior felony convictions unrelated to this paragraph, shall be punished as provided in Code Section 17-10-7; (5)(A) As used in this paragraph, the term:
(i) 'Destructive device' means a destructive device as such term is defined by Code Section 16-7-80. (ii) 'Explosive' means an explosive as such term is defined by. Code Section 16-7-80. (iii) 'Firearm' means any rifle, shotgun, pistol, or similar device which propels a projectile or projectiles through the energy of an explosive. (B) If the property which was the subject of the theft offense was a destructive device, explosive, or firearm, by imprisonment for not less than one nor more than ten years; or (6) If the property which was the subject of the theft is a grave marker, monument, or memorial to one or more deceased persons who served in the military service of this state, the United States of America or any of the states thereof, or the Confederate States of America or any of the states thereof, or a monument, plaque, marker, or memorial which is dedicated to, honors, or recounts the military service of any past or present military personnel of this state, the United States of America or any of the states thereof, or the

____________GEORGIA LAWS 2001 SESSION__________1155
Confederate States of America or any of the states thereof, and if such grave marker, monument, memorial, plaque, or marker is privately owned or located on privately owned land, by imprisonment for not less than one nor more than three years if the value of the property which was the subject of the theft is $300.00 or less, and by imprisonment for not less than three years and not more than five years if the value of the property which was the subject of the theft is more than $300.00.'
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.
Approved April 28, 2001.
PROPERTY - REAL ESTATE; DISCLOSURES REGARDING SITE OF DEATH OR CRIME.
Code Section 44-1-16 Amended.
No. 354 (Senate Bill No. 108).
AN ACT
To amend Chapter 1 ofTitle 44 ofthe Official Code of Georgia Annotated, relating to general provisions applicable to property, so as to change the provisions relating to failure to disclose in real estate transaction that property was occupied by diseased person or was site of homicide or other felony or a suicide; to include failure to disclose that property was site of death by accidental or natural causes; to provide for failure of real estate brokers and affiliated licensees of real estate brokers to disclose in real estate transaction that property was occupied by diseased person or was site of homicide or other felony or a suicide or a death by accidental or natural causes; to provide that no cause of action shall arise against any real estate broker or affiliated licensee of the broker for revealing information in accordance with this Act; to provide that violations of this Act shall not result in certain liability against any party absent a finding of fraud on the part of such party; 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 44 ofthe Official Code ofGeorgia Annotated, relating to general provisions applicable to property, is amended by striking in its entirety Code Section 44-1-16, relating to failure to disclose in real estate transaction that property

1156_____GENERAL ACTS AND RESOLUTIONS, VOL. I_______
was occupied by diseased person or was site of homicide or other felony or a suicide, and inserting in lieu thereofa new Code Section 44-1 -16 to read as follows:
'44-1-16.
(a)(l) No cause of action shall arise against an owner of real property, a real estate broker, or any affiliated licensee of the broker for the failure to disclose in any real estate transaction the fact or suspicion that such property:
(A) Is or was occupied by a person who was infected with a virus or any other disease which has been determined by medical evidence as being highly unlikely to be transmitted through the occupancy of a dwelling place presently or previously occupied by such an infected person; or (B) Was the site of a homicide or other felony or a suicide or a death by accidental or natural causes; provided, however, an owner, real estate broker, or affiliated licensee of the broker shall, except as provided in paragraph (2) of this subsection, answer truthfully to the best of that person's individual knowledge any question concerning the provisions of subparagraph (A) or (B) of this paragraph. (2) An owner, real estate broker, or affiliated licensee of the broker shall not be required to answer any question if answering such question or providing such information is prohibited by or constitutes a violation of any federal or state law or rule or regulation, expressly including without limitation the federal Fair Housing Act as now or hereafter amended or the state's fair housing law as set forth in Code Sections 8-3-200 through 8-3-223. (b) No cause of action shall arise against an owner of real property, real estate broker, or affiliated licensee of the broker for the failure to disclose in any real estate transaction any information or fact which is provided or maintained or is required to be provided or maintained in accordance with Code Section 42-9-44.1. No cause of action shall arise against any real estate broker or affiliated licensee ofthe broker for revealing information in accordance with this Code section. Violations of this Code section shall not create liability under this Code section against any party absent a finding of fraud on the part of such party.'
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.
Approved April 28, 2001.

____________GEORGIA LAWS 2001 SESSION__________1157
HEALTH - RECORDS; FURNISHING.
Code Sections 31-33-2 and 31-33-3 Amended.
No. 355 (Senate Bill No. 30).
AN ACT
To amend Chapter 33 of Title 31 of the Official Code of Georgia Annotated, relating to health records, so as to require a heath record to be furnished within a reasonable time frame; to change provisions relating to furnishing copies of a record; to change provisions relating to costs of copies; 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 33 of the Official Code of Georgia Annotated, relating to health records, is amended by striking subsection (b) of Code Section 31-33-2, relating to furnishing a copy of records to a patient or provider, and inserting a new subsection (b) to read as follows:
'(b) Any record requested under subsection (a) of this Code section shall be furnished within a reasonable period of time to the patient, any other provider designated by the patient, or any other person designated by the patient.'
SECTION 2. Said chapter is further amended by striking Code Section 31-33-3, relating to costs of copying and mailing health records, in its entirety and inserting in lieu thereof the following:
'31-33-3. (a) The party requesting the patient's records shall be responsible to the provider for the costs of copying and mailing the patient's record. A charge of lip to $20.00 may be collected for search, retrieval, and other direct administrative costs related to compliance with the request under this chapter. A fee for certifying the medical records may also be charged not to exceed $7.50 for each record certified. The actual cost of postage incurred in mailing the requested records may also be charged. In addition, copying costs for a record which is in paper form shall not exceed $.75 per page for the first 20 pages of the patient's records which are copied; $.65 per page for pages 21 through 100; and $.50 for each page copied in excess of 100 pages. All of the fees allowed by this Code section may be adjusted annually in accordance with the medical component of the consumer price index. The Office of Planning and Budget shall be responsible for calculating this annual adjustment, which will become effective on July 1 of each year. To the extent the request for medical records includes portions of records which are not in paper form, including but not limited to

1158______GENERAL ACTS AND RESOLUTIONS, VOL. I_________
radiology films, models, or fetal monitoring strips, the provider shall be entitled to recover the full reasonable cost of such reproduction. Payment of such costs may be required by the provider prior to the records being furnished. This subsection shall not apply to records requested in order to make or complete an application for a disability benefits program. (b) The rights granted to a patient or other person under this chapter are in addition to any other rights such patient or person may have relating to access to a patient's records; however, nothing in this chapter shall be construed as granting to a patient or person any right of ownership in the records, as such records are owned by and are the property of the provider."
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.
Approved April 28, 2001.
DOMESTIC RELATIONS - CHILD ABUSE.
Code Title 19, Chapter 15 Amended.
No. 356 (Senate Bill No. 60).
AN ACT
To amend Chapter 15 of Title 19 of the Official Code of Georgia Annotated, relating to child abuse, so as to change provisions relating to child abuse; to include additional terms; to include compliance standards and annual reporting; to provide for review committees, their duties, powers, and reporting requirements; to create a new panel and provide for its duties, powers, and reporting requirements; 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 15 of Title 19 of the Official Code of Georgia Annotated, relating to child abuse, is amended by striking Code Sections 19-15-1, relating to definitions; 19-15-2, relating to child abuse protocol and training; 19-15-3, relating to child death reporting and investigation; 19-15-4, relating to State-wide Child Abuse Prevention Panel; 19-15-5, relating to committee, subcommittee, or panel meetings and proceedings; and 19-15-6, relating to use of committee, subcommittee, or panel information or records, in their entirety and inserting in lieu thereof new Code Sections 19-15-1, 19-15-2, 19-15-3, 19-15-4, 19-15-5, and 19-15-6 to read as follows:

____________GEORGIA LAWS 2001 SESSION__________1159
'19-15-1.
As used in this chapter, the term: (1) 'Abused' means subjected to child abuse. (2) 'Child' means any person under 18 years of age. (3) 'Child abuse' means: (A) Physical injury or death inflicted upon a child by a parent or caretaker thereof by other than accidental means; provided, however, physical forms of discipline may be used as long as there is no physical injury to the child; (B) Neglect or exploitation of a child by a parent or caretaker thereof; (C) Sexual abuse of a child; or (D) Sexual exploitation of a child. (4) 'Child protection professional' means any person who is employed by the state or a political subdivision of the state as a law enforcement officer, school teacher, school administrator, or school counselor or who is employed to render services to children by the Department of Human Resources or any county board of health or county department of family and children services. (5) 'Eligible deaths' means deaths meeting the criteria for review by a county child fatality review committee including deaths resulting from Sudden Infant Death Syndrome, unintentional injuries, intentional injuries, medical conditions when unexpected or when unattended by a physician, or any manner that is suspicious or unusual. (6) 'Investigation' in the context of child death includes all of the following: (A) A post-mortem examination which may be limited to an external examination or may include an autopsy; (B) An inquiry by law enforcement agencies having jurisdiction into the circumstances of the death, including a scene investigation and interview with the child's parents, guardian, or caretaker and the person who reported the child's death; (C) A review of information regarding the child and family from relevant agencies, professionals, and providers of medical care. (7) 'Panel' means the Georgia Child Fatality Review Panel established pursuant to Code Section 19-15-4. The panel oversees the local child fatality review process and reports to the Governor on the incidence of child deaths with recommendations for prevention. (8) 'Protocol committee' means a multidisciplinary, multiagency child abuse protocol committee established for a county pursuant to Code Section 19-15-2. The protocol committee is charged with developing local protocols to investigate and prosecute alleged cases of child abuse. (9) 'Report' means a standardized form designated by the panel which is required for collecting data on child fatalities reviewed by local child fatality review committees. (10) 'Review committee' means a multidisciplinary, multiagency child fatality review committee established for a county or circuit pursuant to Code Section 19-15-3. The review committee is charged with reviewing all eligible child

1160_____GENERAL ACTS AND RESOLUTIONS, VOL. I_______
deaths to determine manner and cause of death and if the death was preventable. (11) 'Sexual abuse' means a person's employing, using, persuading, inducing, enticing, or coercing any minor who is not that person's spouse to engage in any act which involves:
(A) Sexual intercourse, including genital-genital, oral-genital, anal-genital, or oral-anal, whether between persons of the same or opposite sex; (B) Bestiality; (C) Masturbation; (D) Lewd exhibition of the genitals or pubic area of any person; (E) Flagellation or torture by or upon a person who is nude; (F) Condition of being fettered, bound, or otherwise physically restrained on the part of a person who is nude; (G) Physical contact in an act of apparent sexual stimulation or gratification with any person's clothed or unclothed genitals, pubic area, or buttocks or with a female's clothed or unclothed breasts; (H) Defecation or urination for the purpose of sexual stimulation; or (I) Penetration of the vagina or rectum by any object except when done as part of a recognized medical procedure. 'Sexual abuse' shall not include consensual sex acts involving persons of the opposite sex when the sex acts are between minors or between a minor and an adult who is not more than three years older than the minor. This provision shall not be deemed or construed to repeal any law concerning the age or capacity to consent. (12) 'Sexual exploitation' means conduct by a child's parent or caretaker who allows, permits, encourages, or requires that child to engage in: (A) Prostitution, as defined in Code Section 16-6-9; or (B) Sexually explicit conduct for the purpose of producing any visual or print medium depicting such conduct, as defined in Code Section 16-12-100.
19-15-2.
(a) Each county shall be required to establish a child abuse protocol as provided in this Code section. (b) The chief superior court judge of the circuit in which the county is located shall establish a child abuse protocol committee as provided in subsection (c) of this Code section and shall appoint an interim chairperson who shall preside over the first meeting and the chief superior court judge shall appoint persons to fill any vacancies on the committee. Thus established, the committee shall thereafter elect a chairperson from its membership.
(c)(l) Each of the following agencies of the county shall designate a representative to serve on the committee:
(A) The office of the sheriff; (B) The county department of family and children services; (C) The office of the district attorney; (D) The juvenile court;

____________GEORGIA LAWS 2001 SESSION__________H61
(E) The magistrate court; (F) The county board of education; (G) The county mental health organization; (H) The office of the chief of police of a county in counties which have a county police department; (I) The office of the chief of police of the largest municipality in the county; (J) The county board of health, which shall designate a physician to serve on the committee; and (K) The office of the coroner or county medical examiner. (2) In addition to the representatives serving on the committee as provided for in paragraph (1) of this subsection, the chief superior court judge shall designate a representative from a local citizen or advocacy group which focuses on child abuse awareness and prevention. (3) If any designated agency fails to carry out its duties relating to participation on the committee, the chiefsuperior courtjudge ofthe circuit may issue an order requiring the participation of such agency. Failure to comply with such order shall be cause for punishment as for contempt of court. (d) Each protocol committee shall elect or appoint a chairperson who shall be responsible for ensuring that written protocol procedures are followed by all agencies. That person can be independent of agencies listed in paragraph (1) of subsection (c) of this Code section. The child abuse protocol committee thus established may appoint such additional members as necessary and proper to accomplish the purposes of the protocol committee. (e) The protocol committee shall, by July 1, 2001, adopt a written child abuse protocol which shall be filed with the Division of Family and Children Services of the Department of Human Resources and the Georgia Child Fatality Review Panel, a copy of which shall be furnished to each agency in the county handling the cases of abused children. The protocol shall be a written document outlining in detail the procedures to be used in investigating and prosecuting cases arising from alleged child abuse and the methods to be used in coordinating treatment programs for the perpetrator, the family, and the child. The protocol shall also outline procedures to be used when child abuse occurs in a household where there is violence between past or present spouses, persons who are parents of the same child, parents and children, stepparents and stepchildren, foster parents and foster children, or other persons living or formerly living in the same household. (f) The purpose of the protocol shall be to ensure coordination and cooperation between all agencies involved in a child abuse case so as to increase the efficiency of all agencies handling such cases, to minimize the stress created for the allegedly abused child by the legal and investigatory process, and to ensure that more effective treatment is provided for the perpetrator, the family, and the child, including counseling. (g) Upon completion of the writing of the child abuse protocol, the protocol committee shall continue in existence and shall meet at least semiannually for the purpose of evaluating the effectiveness of the protocol and appropriately modifying and updating same.

1162_____GENERAL ACTS AND RESOLUTIONS, VOL. I_______
(h) Each protocol committee shall adopt or amend its written child abuse protocol no later than July 1,2001, to specify the circumstances under which law enforcement officers will and will not be required to accompany child abuse investigators from the county department of family and children services when these investigators investigate reports of child abuse. In determining when law enforcement officers shall and shall not accompany child abuse investigators, the protocol committee shall consider the need to protect the alleged victim and the need to preserve the confidentiality of the report. Each protocol committee shall establish joint work efforts between the law enforcement and child abuse investigative agencies in child abuse investigations. The adoption or amendment ofthe protocol shall also describe measures which can be taken within the county to prevent child abuse and shall be filed with and furnished to the same entities with or to which an original protocol is required to be filed or furnished. The protocol will be further amended to specify procedures to be adopted by the protocol committee to ensure that written protocol procedures are followed, (i) The protocol committee shall issue a report no later than the first day of July in 2001 and no later than the first day of July each year thereafter. That report shall evaluate the extent to which child abuse investigations during the 12 months prior to the report have complied with the child abuse protocols of the protocol committee, recommend measures to improve compliance, and describe which measures taken within the county to prevent child abuse have been successful. The report shall be transmitted to the county governing authority, the fall term grand jury of the judicial circuit, the Georgia Child Fatality Review Panel, and the chief superior court judge. (j) By July 1, 2001, members of each protocol committee shall receive appropriate training. As new members are appointed, they will also receive training within 12 months after their appointment. The Department of Human Resources shall provide such training.
19-15-3.
(a)(l) Each county shall establish a local multidisciplinary, multiagency child fatality review committee as provided in this Code section. The chief superior court judge of the circuit in which the county is located shall establish a child fatality review committee composed of, but not limited to, the following members:
(A) The county medical examiner or coroner; (B) The district attorney or his or her designee; (C) A county department of family and children services representative; (D) A local law enforcement representative; (E) The sheriff or his or her designee; (F) A juvenile court representative; (G) A county board of health representative; and (H) A county mental health representative; (2) The chief superior court judge shall appoint an interim chairperson to preside over the first meeting.

____________GEORGIA LAWS 2001 SESSION__________1163
(b) Review committee members shall recommend whether to establish a review committee for that county alone or establish a review committee with and for the counties within that judicial circuit. (c) After the local review committee is established, it shall elect a chairperson from its membership. The chief superior court judge shall appoint persons to fill any vacancies on the review committee should the membership fail to do so. (d) If any designated agency fails to carry out its duties relating to participation on the local review committee, the chief superior court judge of the circuit shall issue an order requiring the participation of such agency. Failure to comply with such order shall be cause for punishment as for contempt of court. (e) Deaths eligible for review by local review committees are all deaths of children ages birth through 17 as a result of:
(1) Sudden Infant Death Syndrome; (2) Any unexpected or unexplained conditions; (3) Unintentional injuries; (4) Intentional injuries; (5) Sudden death when the child is in apparent good health; (6) Any manner that is suspicious or unusual; (7) Medical conditions when unattended by a physician. For the purpose of this paragraph, no person shall be deemed to have died unattended when the death occurred while the person was a patient of a hospice licensed under Article 9 of Chapter 7 of Title 31; or (8) Serving as an inmate of a state hospital or a state, county, or city penal institution. (f) It shall be the duty of any law enforcement officer, medical personnel, or other person having knowledge of the death of a child to immediately notify the coroner or medical examiner of the county wherein the body is found or death occurs. (g) If the death of a child occurs outside the child's county of residence, it shall be the duty of the medical examiner or coroner in the county where the child died to notify the medical examiner or coroner in the county of the child's residence, (h) When a county medical examiner or coroner receives a report regarding the death of any child he or she shall within 48 hours of the death notify the chairperson of the child fatality review committee of the county or circuit in which such child resided at the time of death. (i) The coroner or county medical examiner shall review the findings regarding the cause and manner of death for each child death report received and respond as follows: (1) If the death does not meet the criteria for review pursuant to subsection (e) of this Code section, the coroner or county medical examiner shall sign the form designated by the panel stating that the death does not meet the criteria for review. He or she shall forward the form and findings, within seven days of the child's death, to the chairperson of the child fatality review committee in the county or circuit of the child's residence; or

1164_____GENERAL ACTS AND RESOLUTIONS, VOL. I_______
(2) If the death meets the criteria for review pursuant to subsection (e) of this Code section, the coroner or county medical examiner shall complete and sign the form designated by the panel stating the death meets the criteria for review. He or she shall forward the form and findings, within seven days of the child's death, to the chairperson of the child fatality review committee in the county or circuit of the child's residence. (j) When the chairperson of a local child fatalily review committee receives a report from the coroner or medical examiner regarding the death of a child, that chairperson shall review the report and findings regarding the cause and manner of the child's death and respond as follows: (1) Ifthe report indicates the child's death does not meet the criteria for review and the chairperson agrees with this decision, the chairperson shall sign the form designated by the panel stating that the death does not meet the criteria for review. He or she shall forward the form and findings to the panel within seven days of receipt; (2) Ifthe report indicates the child's death does not meet the criteria for review and the chairperson disagrees with this decision, the chairperson shall follow the procedures for deaths to be reviewed pursuant to subsection (k) of this Code section; (3) Ifthe report indicates the child's death meets the criteria for review and the chairperson disagrees with this decision, the chairperson shall sign the form designated by the panel stating that the death does not meet the criteria for review. The chairperson shall also attach an explanation for this decision; or (4) If the report indicates the child's death meets the criteria for review and the chairperson agrees with this decision, the chairperson shall follow the procedures for deaths to be reviewed pursuant to subsection (k) of this Code section. (k) When a child's death meets the criteria for review, the chairperson shall convene the review committee within 30 days after receipt of the report for a meeting to review and investigate the cause and circumstances of the death. Review committee members shall provide information as specified below, except where otherwise protected by statute: (1) The providers of medical care and the medical examiner or coroner shall provide pertinent health and medical information regarding a child whose death is being reviewed by the local review committee; (2) State, county, or local government agencies shall provide all of the following data on forms designated by the panel for reporting child fatalities:
(A) Birth information for children who died at less than one year of age including confidential information collected for medical and health use; (B) Death information for children who have not reached their eighteenth birthday; (C) Law enforcement investigative data, medical examiner or coroner investigative data, and parole and probation information and records; (D) Medical care, including dental, mental, and prenatal health care; and

____________GEORGIA LAWS 2001 SESSION__________1165
(E) Pertinent information from any social services agency that provided services to the child or family; and (3) The review committee may obtain from any superior court judge of the county or circuit for which the review committee was created a subpoena to compel the production of documents or attendance of witnesses when that judge has made a finding that such documents or witnesses are necessary for the review committee's review. However, this Code section shall not modify or impair the privileged communications as provided by law except as otherwise provided in Code Section 19-7-5. (1) The review committee shall complete its review and prepare a report of the child's death within 20 days, weekends and holidays excluded, following the first meeting held after receipt of the county medical examiner or coroner's report. The review committee's report shall: (1) State the circumstances leading up to death and cause of death; (2) Detail any agency involvement prior to death, including the beginning and ending dates and kinds of services delivered, the reasons for initial agency activity, and the reasons for any termination of agency activities; (3) State whether any agency services had been delivered to the family or child prior to the circumstances leading to the child's death; (4) State whether court intervention had ever been sought; (5) State whether there have been any acts or reports of violence between past or present spouses, persons who are parents of the same child, parents and children, stepparents and stepchildren, foster parents and foster children, or other persons living or formerly living in the same household; (6) Conclude whether services or agency activities delivered prior to death were appropriate and whether the child's death could have been prevented; (7) Make recommendations for possible prevention of future deaths of similar incidents for children who are at risk for such deaths; and (8) Include other findings as requested by the Georgia Child Fatality Review Panel. (m) The review committee shall transmit a copy of its report within 15 days of completion to the panel. (n) The review committee shall transmit a copy of its report within 15 days following its completion to the district attorney ofthe county or circuit for which the review committee was created if the report concluded that the child named therein died as a result of: (1) Sudden Infant Death Syndrome when no autopsy was performed to confirm the diagnosis; (2) Accidental death when it appears that the death could have been prevented through intervention or supervision; (3) Any sexually transmitted disease; (4) Medical causes which could have been prevented through intervention by an agency or by seeking medical treatment; (5) Suicide of a child in custody or known to the Department of Human Resources or when the finding of suicide is suspicious;

[166_____GENERAL ACTS AND RESOLUTIONS, VOL. I________
(6) Suspected or confirmed child abuse; (7) Trauma to the head or body; or (8) Homicide. (o) Each local review committee shall issue an annual report no later than the first day of July in 2001 and in each year thereafter. The report shall: (1) Specify the numbers of reports received by that review committee from a county medical examiner or coroner pursuant to subsection (h) of this Code section for the preceding calendar year; (2) Specify the number of reports of child fatality reviews prepared by the review committee during such period; (3) Be published at least once annually in the legal organ of the county or counties for which the review committee was established with the expense of such publication paid each by such county; and (4) Be transmitted, no later than the fifteenth day of July in 2001 and in each year thereafter, to the Georgia Child Fatality Review Panel and the Judiciary Committees of the House of Representatives and Senate.
19-15-4.
(a) There is created the Georgia Child Fatality Review Panel as defined in paragraph (7) of Code Section 19-15-1. (b) The panel shall be attached for administrative purposes only to the Department of Human Resources. Notwithstanding any provision in Code Section 50-4-3 to the contrary, the State Children's Trust Fund Commission shall provide such staff support as may be necessary to enable the panel to discharge its duties under the law. (c) The panel shall be composed as follows:
(1) One district attorney appointed by the Governor; (2) One juvenile court judge appointed by the Governor; (3) Two citizen members who shall be appointed by the Governor, who are not employed by or officers ofthe state or any political subdivision thereofand one of whom shall come from each of the following: (A) a state-wide child abuse prevention organization; and (B) a state-wide childhood injury prevention organization; (4) One forensic pathologist appointed by the Governor; (5) The chairperson of the Board of Human Resources; (6) The director of the Division of Family and Children Services of the Department of Human Resources; (7) The director of the Georgia Bureau of Investigation; (8) The chairperson of the Criminal Justice Coordinating Council; (9) A member of the Georgia Senate appointed by the Lieutenant Governor; (10) A member of the Georgia House of Representatives appointed by the Speaker of the House of Representatives; (11) A local law enforcement official appointed by the Governor; (12) A superior court judge appointed by the Governor; (13) A coroner appointed by the Governor;

_____________GEORGIA LAWS 2001 SESSION__________1167
(14) The director of the Office of the Child Advocate for the Protection of Children; and (15) The director of the Division of Public Health of the Department of Human Resources. (d) The Governor shall appoint the chairperson of the panel. (e)(l) All appointed members shall be appointed for terms of two years beginning on July 1 of the year appointed and shall serve until their respective successors are appointed and qualified. (2) All ex officio members shall serve during the time such persons hold the offices or positions specified therein. (3) Members of the General Assembly shall serve for terms of office concurrent with their terms of office as members of the General Assembly. (4) Vacancies in the membership of the panel so appointed shall be filled in the same manner as the original appointment for the unexpired term of office. (f) Members of the panel who are members of the General Assembly shall be compensated for service on the panel from legislative funds in the manner provided for service on interim study committees. Those members of the panel who are not state officials or employees shall receive from funds appropriated or otherwise available to the panel for their services on the panel the same daily expense and travel or mileage allowance authorized for members of the General Assembly for service on interim study committees. The members of the panel who are state officials or employees shall receive no additional compensation for their service on the panel but may be reimbursed for reasonable and necessary travel expenses which shall be payable from the department or agency of which such member is an employee or officer. (g) The panel shall meet quarterly to review the reports of local review committees and shall meet when requested to do so by the Governor, (h) The purpose of the panel is to recommend measures to decrease the incidence of child death by undertaking all of the following duties: (1) Identify factors which place a child at risk for death; (2) Collect and share information among state agencies which provide services to children and families or investigate child deaths; (3) Make suggestions and recommendations to appropriate participating agencies regarding improving coordination of services and investigations; (4) Identify trends relevant to unexpected or unexplained child death; (5) Investigate the relationship, if any, between child deaths and violence between past or present spouses, persons who are parents of the same child, parents and children, stepparents and stepchildren, foster parents and foster children, or other persons living or formerly living in the same household; (6) Review each report from local child fatality review committees. The chairperson may call a special meeting of the panel to review any report when the chairperson has concluded the report warrants expedited review and has been requested by the submitting local review committee to make such expedited review;

1168_____GENERAL ACTS AND RESOLUTIONS, VOL. I_______
(7) Provide training and written materials to the local review committees to assist them in carrying out their duties. Such written materials shall include model protocols for the operation of the review committees; (8) Develop a protocol for child fatality investigations and revise the protocol as needed; (9) Monitor the operations of local review committees to determine training needs and service gaps. If the panel determines that changes to any statute, regulation, or policy is needed to decrease the risk of child death, it shall propose and recommend such changes in its annual report; and (10) Develop and implement such procedures and policies as are necessary for its own operation. (i) By December 1 of each calendar year, the panel shall submit a report to the Governor, the Lieutenant Governor, and the Speaker of the House of Representatives regarding the prevalence and circumstances of child fatalities in the state; recommend measures to reduce such fatalities caused by other than natural causes; and address in the report the following issues: (1) Whether the deaths could have been prevented; (2) Whether the children were known to any state or local agency; (3) The actions, if any, taken by any state or local agency or court; (4) Whether agency or court intervention could have prevented their deaths; (5) Whether policy, procedural, regulatory, or statutory changes are called for as a result of these findings; and (6) Whether any referral should have been made to a law enforcement agency which was not made. (j) The panel shall also establish procedures for the conduct of reviews by local review committees into deaths of children and may obtain the assistance of child protection professionals in establishing such procedures.
19-15-5.
(a) A protocol committee or review committee in the exercise of its duties shall be closed to the public and shall not be subject to Chapter 14 of Title 50, relating to open meetings. (b) The panel shall be open to the public as long as information identifying a deceased or abused child, any family member of the child, or alleged or suspected perpetrator of abuse upon the child is not disclosed during such meetings or proceedings, but the panel is authorized to close such meeting to the public when such identifying information is required to be disclosed to members of the panel in order for the panel to carry out its duties.
19-15-6. (a) Records and other documents which are made public records pursuant to any other provisions of law shall remain public records notwithstanding their being obtained, considered, or both, by a protocol committee, a review committee, or the panel.

____________GEORGIA LAWS 2001 SESSION________1169
(b) Notwithstanding any other provision of law to the contrary, reports of a review committee made pursuant to Code Section 19-15-3 and reports of the panel made pursuant to Code Section 19-15-4 shall be public records and shall be released to any person making a request therefor but the panel protocol committee or review committee having possession of such records or reports shall only release them after expunging therefrom all information contained therein which would permit identifying the deceased or abused child, any family member of the child, any alleged or suspected perpetrator of abuse upon the child, or any reporter of suspected child abuse. (c) Statistical compilations of data by a review committee or the panel based upon information received thereby and containing no information which would permit the identification of any person shall be public records. (d) Members of a protocol committee, a review committee, or of the panel shall not disclose what transpires at any meeting other than one made public by Code Section 19-15-5 nor disclose any information the disclosure of which is prohibited by this Code section, except to carry out the purposes of this chapter. Any person who knowingly violates this subsection shall be guilty of a misdemeanor. (e) A person who presents information to a protocol committee, a review committee, or the panel or who is a member of any such body shall not be questioned in any civil or criminal proceeding regarding such presentation or regarding opinions formed by or confidential information obtained by such person as a result of serving as a member of any such body. This subsection shall not be construed to prohibit any person from testifying regarding information obtained independently of a protocol committee, a review committee, or the panel. In any proceeding in which testimony of such a member is offered the court shall first determine the source of such witness's knowledge. (f) Except as otherwise provided in this Code section, information acquired by and records of a protocol committee, a review committee, or the panel shall be confidential, shall not be disclosed, and shall not be subject to Article 4 of Chapter 18 of Title 50, relating to open records, or subject to subpoena, discovery, or introduction into evidence in any civil or criminal proceeding. (g) A member of a protocol committee, a review committee, or the panel shall not be civilly or criminally liable for any disclosure of information made by such member as authorized by this Code section. (h) Members of the review committee, persons attending a review committee meeting, and persons who present information to a review committee may release information to such government agencies as is necessary for the purpose of carrying out assigned review committee duties. (i) Notwithstanding any other provisions of law, information acquired by and documents, records, and reports ofthe panel and child abuse protocol committees and review committees applicable to a child who at the time of his or her death was in the custody of a state department or agency or foster parent shall not be confidential and shall be subject to Article 4 of Chapter 18 of Title 50, relating to open records."

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SECTION 2. All laws and parts of laws in conflict with this Act are repealed.
Approved April 28, 2001.
PROFESSIONS AND BUSINESSES - PHYSICIANS; INFORMING PATIENTS OF LAB TEST RESULTS; CHARGES AND FEES FOR SERVICES TO HEALTH BENEFIT PLAN ENROLLEES.
Code Sections 10-1-393 and 43-34-37 Amended.
No. 358 (Senate Bill No. 53).
AN ACT
To provide for legislative findings and intent; to amend Code Section 10-1-393 of the Official Code of Georgia Annotated, relating to unfair practices in consumer transactions, so as to provide for standards for certain health benefit plan contracts and provide for obligations and fees thereunder; to prohibit certain collections and legal actions; to provide for applicability; to amend Code Section 43-34-37, regarding disciplinary actions against physicians, so as to require information regarding laboratory tests and provide for implementation and immunity relating thereto; to provide for effective dates; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. The General Assembly finds that managed health care has benefited consumers by negotiating contracts with physicians which prohibit such physicians from billing consumers for fees above and beyond the amount paid by the managed care plan. In order to ensure that the consumers of this state continue to receive such benefits, it is imperative that physicians adhere to their contractual obligations to charge only those fees contractually agreed to and not attempt to pass additional or hidden costs along to consumers. The purpose of Section 2 of this Act is to ensure that consumers are not charged fees above and beyond those already contracted for between their physician and their health benefit plans.
SECTION 2. Code Section 10-1-393 ofthe Official Code ofGeorgia Annotated, relating to unfair practices in consumer transactions, is amended by adding between paragraphs (30) and (31) of subsection (b) thereof the following:

_____________GEORGIA LAWS 2001 SESSION__________1171
'(30.1) Failing to comply with the following provisions in connection with a contract for health care services between a physician and an insurer which offers a health benefit plan under which such physician provides health care services to enrollees:
(A) As used in this paragraph, the term: (i) 'Enrollee' means an individual who has elected to contract for or participate in a health benefit plan for that individual or for that individual and that individual's eligible dependents and includes that enrollee's eligible dependents. (ii) 'Health benefit plan' means any hospital or medical insurance policy or certificate, health care plan contract or certificate, qualified higher deductible health plan, health maintenance organization subscriber contract, any health benefit plan established pursuant to Article 1 of Chapter 18 of Title 45, or any managed care plan, (iii) 'Insurer' means a corporation or other entity which is licensed or otherwise authorized to offer a health benefit plan in this state, (iv) 'Patient' means a person who seeks or receives health care services under a health benefit plan. (v) 'Physician' means a person licensed to practice medicine under Article 2 of Chapter 34 of Title 43.
(B) Every contract between a physician and an insurer which offers a health benefit plan under which that physician provides health care services shall be in writing and shall state the obligations of the parties with respect to charges and fees for services covered under that plan when provided by that physician to enrollees under that plan. Neither the insurer which provides that plan nor the enrollee under that plan shall be liable for any amount which exceeds the obligations so established for such covered services. (C) Neither the physician nor a representative thereof shall intentionally collect or attempt to collect from an enrollee any obligations with respect to charges and fees for which the enrollee is not liable and neither such physician nor a representative thereof may maintain any action at law against such enrollee to collect any such obligations. (D) The provisions of this paragraph shall not apply to the amount of any deductible or copayment which is not covered by the health benefit plan. (E) This paragraph shall apply to only such health benefit plan contracts issued, delivered, issued for delivery, or renewed in this state on or after July 2, 2001."
SECTION 3. Code Section 43-34-37 of the Official Code of Georgia Annotated, relating to the authority of the Composite State Board of Medical Examiners to discipline a physician, is amended by adding after paragraph (11) of subsection (a) thereof the following:
'(11.1) Failed to attempt to inform a patient, in a timely manner, that the physician has received the results of a laboratory test. The board shall

1172______GENERAL ACTS AND RESOLUTIONS, VOL. I_______
promulgate rules for the implementation of this paragraph no later than January 1, 2002. Any physician who complies with the rules promulgated by the board for informing his or her patient that the results of any laboratory test have been received shall be immune from any civil or criminal liability for such disclosure.'
SECTION 4. Section 3 ofthis Act shall become effective January 1,2002. The remainder ofthis Act shall become effective July 1, 2001.
SECTION 5. All laws and parts of laws in conflict with this Act are repealed.
Approved April 28, 2001.
HEALTH - HOSPITAL AUTHORITIES; HOSPITAL OPERATORS; OPEN RECORDS EXEMPTIONS.
Code Section 31-7-75.2 Amended.
No. 362 (House Bill No. 158).
AN ACT
To amend Article 4 of Chapter 7 of Title 31 of the Official Code of Georgia Annotated, the "Hospital Authorities Law," so as to extend to certain nonprofit corporations operating certain medical facilities an exemption from open records and open meetings requirements; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Article 4 of Chapter 7 of Title 31 of the Official Code of Georgia Annotated, the "Hospital Authorities Law," is amended by striking Code Section 31-7-75.2, relating to an exemption from open records and open meetings requirements, and inserting in its place a new Code section to read as follows:
'31-7-75.2. Notwithstanding any other provision of law to the contrary, no Georgia nonprofit corporation in its operation of a hospital or other medical facility for the benefit of a governmental entity in this state and no hospital authority shall be required by Chapter 14 of Title 50 or Article 4 of Chapter 18 of Title 50 to disclose or make public any potentially commercially valuable plan, proposal, or strategy

_____________GEORGIA LAWS 2001 SESSION__________1173
that may be of competitive advantage in the operation of the corporation or authority or its medical facilities and which has not been made public. This exemption shall terminate at such time as such plan, proposal, or strategy has either been approved or rejected by the governing board of such corporation or hospital authority. Except as provided in this Code section or as otherwise provided by law, hospital authorities shall comply with the provisions of Chapter 14 of Title 50 and Article 4 of Chapter 18 of Title 50."
SECTION 2. No hospital shall release for public use any autopsy photographs or images without the written permission of the family.
SECTION 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 4. All laws and parts of laws in conflict with this Act are repealed.
Approved April 28, 2001.
MOTOR VEHICLES AND TRAFFIC - MOTOR VEHICLE REGISTRATION, LICENSING, AND TITLING.
Code Title 40 Amended. Code Sections 48-10-7.1 and 48-10-7.2 Amended.
No. 364 (House Bill No. 253).
AN ACT
To provide for certain matters relative to motor vehicle registration, licensing, and titling; to amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, so as to provide for abbreviated dates on certain temporary license plates; to change certain provisions relating to registration and license requirements and penalties; to change certain provisions relating to reciprocal agreements for registration of commercial vehicles on an apportionment basis; to provide for noneligibility for registration of certain vehicles which have been prohibited from operating in interstate commerce; to define a term; to provide for furnishing of certain information from motor vehicle records; to change certain provisions relating to reports and remittances by tag agents; to change certain provisions relating to registration and licensing of vehicles of the state and political subdivisions; to amend Chapter 10 of Title 48 of the Official Code of Georgia

1174_____GENERAL ACTS AND RESOLUTIONS, VOL. I_______
Annotated, relating to motor vehicle license fees and plates, so as to change certain provisions relating to payment of fees under the International Registration Plan; to change certain provisions relating to fee assessment to registrants; to provide effective dates; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
PARTI SECTION 1-1.
Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, is amended in Code Section 40-2-8, relating to operation of unregistered vehicle or vehicle without current license plate, revalidation decal, or county decal, storage of unlicensed vehicle, jurisdiction, display of temporary plate, and disposition offines, by striking division (b)(2)(B)(i) and inserting in lieu thereofthe following:
'(B)(i) Any dealer of new or used motor vehicles shall issue to the purchaser of a vehicle at the time of sale thereof, unless at such time the purchaser makes application to transfer to such vehicle in accordance with this chapter a valid license plate issued to him or her or unless such vehicle is to be registered under the International Registration Plan, a temporary plate which may bear the dealer's name and location and shall bear, in characters not less than one-quarter of an inch wide and one and one-half inches high, the expiration date of the period within which the purchaser is required by Code Section 40-2-20 to register such vehicle. Such temporary plates shall be made of heavy stock paper, inscribed with indelible ink, and designed to resist deterioration or fading due to exposure to the elements during the period for which display is required. The expiration date may be handprinted on the plate at the time of issuance by use of an indelible ink marker, with contrasting ink, provided that the month of expiration shall be indicated by complete word or by three-letter abbreviation thereof. The expiration date of such a temporary plate may be revised and extended by the county tag agent only ifan extension ofthe purchaser's initial registration period has been granted as provided by Code Section 40-2-20. Such temporary plate shall not resemble a license plate issued by this state and shall be issued without charge or fee therefor. Such temporary plate shall be surrendered to the tag agent at the time the vehicle is registered, and the tag agent shall destroy such temporary plate. The requirements of this subparagraph do not apply to a dealer whose primary business is the sale of salvage motor vehicles and other vehicles on which total loss claims have been paid by insurers.*

____________GEORGIA LAWS 2001 SESSION__________1175
SECTION 1-2. Said title is further amended by striking Code Section 40-2-20, relating to registration and license requirements and penalties, and inserting in lieu thereofthe following:
'40-2-20.
(a)(l)(A) Except as provided in subsection (b) of this Code section, every owner of a motor vehicle, including a tractor or motorcycle, and every owner of a trailer shall, during the owner's registration period in each year, register such vehicle as provided in this chapter and obtain a license to operate it for the 12 month period until such person's next registration period.
(B)(i) The purchaser or other transferee owner of every new or used motor vehicle, including tractors and motorcycles, or trailer shall, within the initial registration period of such vehicle, register such vehicle as provided in this chapter and obtain or transfer as provided in this chapter a license to operate it for the period remaining until such person's next registration period which immediately follows such initial registration period, without regard to whether such next registration period occurs in the same calendar year as the initial registration period or how soon such next registration period follows the initial registration period; provided, however, that this registration and licensing requirement does not apply to a dealer which acquires a new or used motor vehicle and holds it for resale. The commissioner may provide by rule or regulation for one 30 day extension of such initial registration period which may be granted by the county tag agent to a purchaser or other transferee owner if the transferor has not provided such purchaser or other transferee owner with a title to the motor vehicle more than five business days prior to the expiration of such initial registration period. (ii) No person, company, or corporation, including, but not limited to, used motor vehicle dealers and auto auctions, shall sell or transfer a motor vehicle without providing to the purchaser or transferee of such motor vehicle the last certificate of registration on such vehicle at the time of such sale or transfer; provided, however, that in the case of a salvage motor vehicle or a motor vehicle which is stolen but subsequently recovered by the insurance company after payment of a total loss claim, the salvage dealer or insurer, respectively, shall not be required to provide the certificate of registration for such vehicle; and provided, further, that in the case of a repossessed motor vehicle or a court ordered sale or other involuntary transfer, the lienholder or the transferor shall not be required to provide the certificate of registration for such vehicle but shall, prior to the sale of such vehicle, surrender the license plate of such vehicle to the commissioner or the county tag agent by personal delivery or by certified mail or statutory overnight delivery for cancellation. (2) An application for the registration of a motor vehicle may not be submitted separately from the application for a certificate of title for such motor vehicle, unless a certificate of title has been issued in the owner's name, has been

1176_____GENERAL ACTS AND RESOLUTIONS, VOL. I________
applied for in the owner's name, or the motor vehicle is not required to be titled. An application for a certificate of title for a motor vehicle may be submitted separately from the application for the registration of such motor vehicle. (b) Subsection (a) of this Code section shall not apply: (1) To any motor vehicle or trailer owned by the state or any municipality or other political subdivision of this state and used exclusively for governmental functions except to the extent provided by Code Section 40-2-37; (2) To any tractor or three-wheeled motorcycle used only for agricultural purposes; (2.1) To any vehicle or equipment used for transporting cargo or containers between and within wharves, storage areas, or terminals within the facilities of any port under the jurisdiction of the Georgia Ports Authority when such vehicle or equipment is being operated upon any public road not part of The Dwight D. Eisenhower System of Interstate and Defense Highways by the owner thereof or his or her agent within a radius often miles ofthe port facility of origin and accompanied by an escort vehicle equipped with one or more operating amber flashing lights that are visible from a distance of 500 feet; (3) To any trailer which has no springs and which is being employed in hauling unprocessed farm products to their first market destination; (4) To any trailer which has no springs, which is pulled from a tongue, and which is used primarily to transport fertilizer to a farm; (5) To any motorized cart; or (6) To any moped. (c) Any person who fails to register a new or used motor vehicle as required in subsection (a) of this Code section shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine not exceeding $100.00."
SECTION 1-3. Said title is further amended by striking subsection (c) of Code Section 40-2-88, relating to reciprocal agreements for registration of commercial vehicles on an apportionment basis, and inserting in lieu thereof the following:
"(c)(l )(A) Applications for registration or renewal of registration under the International Registration Plan may be submitted during the period of December 1, 2001 to February 15, 2002, for registration under such plan which shall be valid for a period beginning January 1, 2002, and ending at the conclusion of the applicable registration period specified in division (a)(l)(A)(ii) of Code Section 40-2-21 which occurs between July 1, 2002, and June 30, 2003. (B) On and after July 1, 2002, applications for annual registration or renewal of registration under the International Registration Plan shall be submitted during the applicable registration period specified in division (a)(l)(A)(ii) of Code Section 40-2-21. (2) Any owner of a vehicle required to be registered under the International Registration Plan who does not apply for registration on or before the first day

_____________GEORGIA LAWS 2001 SESSION__________1177
of the registration period for such vehicle as prescribed in paragraph (1) of this subsection, in addition to any other penalty which may be imposed if such vehicle is not timely registered in accordance with paragraph (1) of this subsection, shall be subject to a late application penalty of 10 percent of the total registration fees due this state. Additionally, the owner of a vehicle required to be registered under the International Registration Plan who does not pay to the commissioner the registration fees due this state on or before the last day of the registration period shall be subject to a late payment penalty in accordance with Code Section 40-2-40. The commissioner may provide by rule or regulation for waiver of penalties provided by this paragraph in cases where failure to timely make application or timely pay fees is due to force majeure.'
SECTION 1-4. Said title is further amended in Article 3A of Chapter 2, relating to reciprocal agreements for registration of commercial vehicles, by inserting a new Code Section 40-2-89 to read as follows:
'40-2-89.
Any vehicle which is prohibited by any federal agency acting pursuant to federal law, rule, or regulation from being operated in interstate commerce shall not be eligible for registration under this article, and the commissioner shall refuse to issue, refuse to renew, or revoke such registration for any vehicle so prohibited from operating."
SECTION 1-5. Said title is further amended in Code Section 40-3-2, relating to definitions relative to certificates of title, liens, and security interests, by inserting a new paragraph (9.1) to read as follows:
"(9.1) 'Natural person' means an individual human being and does not include any firm, partnership, association, corporation, or trust."
SECTION 1-6. Said title is further amended in Code Section 40-3-23, relating to issuance of certificates of title and maintenance and public inspection of title records, by inserting a new subsection (d.l) to read as follows:
"(d. 1) In addition to any public inspection of records authorized under subsection (d) of this Code section:
(1) Motor vehicle records consisting of vehicle description, title status, title brands, last recorded mileage, recorded liens, or recorded security interests which the commissioner or the commissioner's duly authorized county tag agent is required to maintain under this Code section shall, in such manner and under such conditions as prescribed by the commissioner, be furnished individually or in bulk to any person upon payment of a reasonable fee, for any purpose not otherwise prohibited by law, including without limitation for the purpose of providing information to allow for informed motor vehicle purchase

1178______GENERAL ACTS AND RESOLUTIONS, VOL. I__________
and safety decisions. Records furnished in accordance with this paragraph may be subsequently transferred to third parties. Personal information of any registrant, including name, address, date of birth, or driver's license or social security number, shall not be furnished or transferred by or to any person pursuant to this paragraph; and (2) The commissioner may in his or her discretion publish or permit to be published statistical reports from records maintained under this Code section, provided that such reports shall not disclose any natural person's name, address, date of birth, or driver's license or social security number."
SECTION 1-7. Chapter 10 of Title 48 of the Official Code of Georgia Annotated, relating to motor vehicle license fees and plates, is amended by striking Code Section 48-10-7.1, relating to payment of fees under the International Registration Plan, and inserting in lieu thereof the following:
"48-10-7.1. Any person initially registering under the International Registration Plan any of the vehicles named in subsection (a), (b), or (c) of Code Section 48-10-2.1 and whose next registration period ends less than 12 months from the date of application or first date of service of such vehicle shall pay a license fee in an amount equal to one-twelfth of the annual license fee provided by this chapter multiplied by the number of months remaining until the end of such next registration period."
SECTION 1-8. Said chapter is further amended by striking Code Section 48-10-7.2, relating to fee assessment to registrants, and inserting in lieu thereof the following:
"48-10-7.2. For purposes of registration of any vehicle under subparagraph (c) (1) (A) of Code Section 40-2-88 only, registrants shall be assessed fees equivalent to one-twelfth of the annual fee otherwise provided by law multiplied by the number of months remaining until the end of the applicable registration period."
PART II SECTION 2-1.
Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, is amended by striking Code Section 40-2-34, relating to reports and remittances by tag agents, and inserting in lieu thereof the following:
-40-2-34. (a) All county tag agents accepting license applications shall endeavor to submit to the commissioner on at least a weekly basis reports of license applications handled and remit with such reports related sums of money to which the Department of Revenue is entitled. All tag reports of license applications handled and related sums of money to which the Department of Revenue is

____________GEORGIA LAWS 2001 SESSION__________1179
entitled must be submitted to the commissioner within seven calendar days from the close of the business week during which the aforementioned license applications were handled and related sums of money received. The term 'business week' shall mean Monday through Friday (or Saturday if applicable). (b) Funds received as a result of the handling of license applications shall be considered trust funds in the hands of such tag agents until such time as paid over to the commissioner. (c) Failure to submit the reports or remit the funds within the period required by this Code section shall result in the penalties imposed by Code Section 48-2-44. (d) Before the expiration of the time period within which a tag report is required to be filed with the commissioner or related funds remitted to the commissioner, application may be made to the commissioner for an extension. The commissioner shall be authorized, upon a showing ofjustifiable cause, to grant up to a 30 day extension from the deadline provided for the performance of the above duties. Only one such extension may be granted with regard to any reports or funds due the commissioner for a specific business week. (e) Proof of mailing within the appropriate time periods provided for in this Code section, as evidenced by a United States Postal Service postmark, shall be prima-facie proof that the county tag agent has complied in a timely manner with the duties enumerated by this Code section.*
SECTION 2-2. Said title is further amended in Code Section 40-2-37, relating to registration and licensing of vehicles of the state and political subdivisions, by striking subsection (b) and inserting in lieu thereof the following:
"(b) For all vehicles owned by the State of Georgia or any municipality or other political subdivision of this state, except those vehicles employed in covert or secret investigatory police functions to which regular Georgia license plates are issued and those vehicles owned by the Department of Public Safety, the Department of Revenue shall provide for five-year registration and issuance of regular license plates for such vehicles. The five-year license plates issued pursuant to this subsection shall be identical in appearance to regular license plates issued for private vehicles, except that such five-year license plates shall not display any year of registration or registration expiration. Such license plates may be transferred as provided for in subsection (d) of this Code section. Such five-year license plates shall be issued at the beginning of a five-year license period as for private vehicles or shall be issued at the time the vehicle is purchased by the state, and all such license plates shall expire at the same time as regular license plates."

1180_____GENERAL ACTS AND RESOLUTIONS, VOL. I_________
PART III SECTION 3-1.
Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, is amended by striking Code Section 40-2-34, relating to reports and remittances by tag agents, and inserting in lieu thereof the following:
'40-2-34.
(a) All county tag agents accepting license applications shall endeavor to submit to the commissioner on at least a weekly basis reports of license applications handled and remit with such reports related sums of money to which the state is entitled. All tag reports of license applications handled and related sums of money to which the state is entitled must be submitted to the commissioner within seven calendar days from the close ofthe business week during which the aforementioned license applications were handled and related sums of money received. The term 'business week' shall mean Monday through Friday (or Saturday if applicable). (b) Funds received as a result of the handling of license applications shall be considered trust funds in the hands of such tag agents until such time as paid over to the commissioner. (c) Failure to submit the reports or remit the funds within the period required by this Code section shall result in the penalties imposed by Code Section 48-2-44. (d) Before the expiration ofthe time period within which a tag report is required to be filed with the commissioner or related funds remitted to the commissioner, application may be made to the commissioner for an extension. The commissioner shall be authorized, upon a showing ofjustifiable cause, to grant up to a 30 day extension from the deadline provided for the performance of the above duties. Only one such extension may be granted with regard to any reports or funds due the commissioner for a specific business week. (e) Proof of mailing within the appropriate time periods provided for in this Code section, as evidenced by a United States Postal Service postmark, shall be prima-facie proofthat the county tag agent has complied in a timely manner with the duties enumerated by this Code section.'
SECTION 3-2. Said title is further amended in Code Section 40-2-37, relating to registration and licensing of vehicles of the state and political subdivisions, by striking subsection (b) and inserting in lieu thereof the following:
'(b) For all vehicles owned by the State of Georgia or any municipality or other political subdivision of this state, except those vehicles employed in covert or secret investigatory police functions to which regular Georgia license plates are issued and those vehicles owned by the Department of Public Safety, the commissioner shall provide for five-year registration and issuance of regular license plates for such vehicles. The five-year license plates issued pursuant to this subsection shall be identical in appearance to regular license plates issued for private vehicles, except that such five-year license plates shall not display any

____________GEORGIA LAWS 2001 SESSION__________1181
year of registration or registration expiration. Such license plates may be transferred as provided for in subsection (d) of this Code section. Such five-year license plates shall be issued at the beginning of a five-year license period as for private vehicles or shall be issued at the time the vehicle is purchased by the state, and all such license plates shall expire at the same time as regular license plates.*
PART IV SECTION 4-1.
(a) This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval, except as otherwise provided by subsections (b), (c), and (d) of this section. (b) Sections 1-3, 1-7, and 1-8 shall become effective on July 1, 2001. (c) Part II of this Act shall become effective on January 1, 2002. (d) Each provision amended in Part III of this Act shall become effective and supercede that respective provision amended in Part II of this Act on January 1, 2002, or on such date thereafter as that same provision, as amended by an Act approved April 28, 2000 (Ga. L. 2000, p. 951), becomes fully effective pursuant to Section 13-1 of that 2000 Act, whichever is later.
SECTION 4-2. All laws and parts of laws in conflict with this Act are repealed.
Approved April 28, 2001.
REVENUE AND TAXATION - INCOME TAX; CREDITS FOR LOW-INCOME BUILDINGS.
Code Section 48-7-29.6 Amended. Code Section 33-1-18 Enacted.
No. 365 (House Bill No. 460).
AN ACT
To amend Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to income taxes, so as to change certain provisions regarding income tax credits for qualified low-income buildings; to provide for a definition; to change certain recapture provisions; to amend Chapter 1 of Title 33 of the Official Code of Georgia Annotated, relating to general provisions regarding insurance, so as to provide for certain tax credits with respect to qualified low-income buildings; to provide for procedures, conditions, and limitations; to provide for powers, duties,

1182______GENERAL ACTS AND RESOLUTIONS, VOL. I_________
and authority of the Commissioner of Insurance; to provide an effective date; to provide for applicability; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to income taxes, is amended by striking Code Section 48-7-29.6, relating to income tax credits for qualified low-income buildings, and inserting in its place a new Code Section 48-7-29.6 to read as follows:
'48-7-29.6.
(a) As used in this Code section, the term: (1) 'Federal housing tax credit' means the federal tax credit as provided in Section 42 of the Internal Revenue Code of 1986, as amended. (2) 'Median income' means those incomes that are determined by the federal Department of Housing and Urban Development guidelines and adjusted for family size. (3) 'Project' means a housing project that has restricted rents that do not exceed 30 percent of median income for at least 40 percent of its units occupied by persons or families having incomes of 60 percent or less of the median income, or at least 20 percent of the units occupied by persons or families having incomes of 50 percent or less of the median income. (4) 'Qualified basis' means that portion of the tax basis of a qualified Georgia project eligible for the federal housing tax credit, as that term is defined in Section 42 of the Internal Revenue Code of 1986, as amended. (5) 'Qualified Georgia project' means a qualified low-income building as that term is defined in Section 42 of the Internal Revenue Code of 1986, as amended, that is located in Georgia. (b)(l) A state tax credit against the tax imposed by this article, to be termed the Georgia housing tax credit, shall be allowed with respect to each qualified Georgia project placed in service after January 1, 2001. The amount of such credit shall, when combined with the total amount of credits authorized under Code Section 33-1-18, in no event exceed an amount equal to the federal housing tax credit allowed with respect to such qualified Georgia project. (2)(A) If under Section 42 of the Internal Revenue Code of 1986, as amended, a portion of any federal housing tax credit taken on a project is required to be recaptured as a result of a reduction in the qualified basis of such project, the taxpayer claiming any state tax credit with respect to such project shall also be required to recapture a portion of any state tax credit authorized by this Code section. The state recapture amount shall be equal to the proportion of the state tax credit claimed by the taxpayer that equals the proportion the federal recapture amount bears to the original federal housing tax credit amount subject to recapture. The tax credit under this Code section shall not be subject to recapture if such recapture is due solely

____________GEORGIA LAWS 2001 SESSION__________1183
to the sale or transfer of any direct or indirect interest in such qualified Georgia project. (B) In the event that recapture of any Georgia housing tax credit is required, any amended return submitted to the commissioner as provided in this Code section shall include the proportion of the state tax credit required to be recaptured, the identity of each taxpayer subject to the recapture, and the amount of tax credit previously allocated to such taxpayer. (3) In no event shall the total amount of the tax credit under this Code section for a taxable year exceed the taxpayer's income tax liability. Any unused tax credit shall be allowed to be carried forward to apply to the taxpayer's next three succeeding years' tax liability. No such tax credit shall be allowed the taxpayer against prior years' tax liability. (4) The tax credit allowed under this Code section, and any recaptured tax credit, shall be allocated among some or all of the partners, members, or shareholders of the entity owning the project in any manner agreed to by such persons, whether or not such persons are allocated or allowed any portion of the federal housing tax credit with respect to the project. (c) The commissioner and the state department designated by the Governor as the state housing credit agency for purposes of Section 42(h) of the Internal Revenue Code of 1986, as amended, shall each be authorized to promulgate any rules and regulations necessary to implement and administer this Code section.'
SECTION 2. Chapter 1 of Title 33 of the Official Code of Georgia Annotated, relating to general provisions regarding insurance, is amended by adding a new Code section at the end thereof, to be designated Code Section 33-1-18, to read as follows:
'33-1-18.
(a) As used in this Code section, the term: (1) 'Federal housing tax credit' means the federal tax credit as provided in Section 42 of the Internal Revenue Code of 1986, as amended. (2) 'Median income' means those incomes that are determined by the federal Department of Housing and Urban Development guidelines and adjusted Tor family size. (3) 'Project' means a housing project that has restricted rents that do not exceed 30 percent of median income for at least 40 percent of its units occupied by persons or families having incomes of 60 percent or less of the median income, or at least 20 percent of the units occupied by persons or families having incomes of 50 percent or less of the median income. (4) 'Qualified basis' means that portion of the tax basis of a qualified Georgia project eligible for the federal housing tax credit, as that term is defined in Section 42 of the Internal Revenue Code of 1986, as amended. (5) 'Qualified Georgia project' means a qualified low-income building as that term is defined in Section 42 of the Internal Revenue Code of 1986, as amended, that is located in Georgia.

1184_____GENERAL ACTS AND RESOLUTIONS, VOL. I________
(b)(l) A tax credit against the taxes imposed under Code Sections 33-5-31, 33-8-4, and 33-40-5, to be termed the Georgia housing tax credit, shall be allowed with respect to each qualified Georgia project placed in service after January 1, 2001. The amount of such credit shall, when combined with the total amount of credit authorized under Code Section 48-7-29.6, in no event exceed an amount equal to the federal housing tax credit allowed with respect to such qualified Georgia project.
(2)(A) If under Section 42 of the Internal Revenue Code of 1986, as amended, a portion of any federal housing tax credit taken on a project is required to be recaptured as a result of a reduction in the qualified basis of such project, the taxpayer claiming any state tax credit with respect to such project shall also be required to recapture a portion of any state tax credit authorized by this Code section. The state recapture amount shall be equal to the proportion of the state tax credit claimed by the taxpayer that equals the proportion the federal recapture amount bears to the original federal housing tax credit amount subject to recapture. The tax credit under this Code section shall not be subject to recapture if such recapture is due solely to the sale or transfer of any direct or indirect interest in such qualified Georgia project. (B) In the event that recapture ofany Georgia housing tax credit is required, any amended return submitted to the Commissioner as provided in this Code section shall include the proportion of the state tax credit required to be recaptured, the identity of each taxpayer subject to the recapture, and the amount of tax credit previously allocated to such taxpayer. (3) In no event shall the total amount of the tax credit under this Code section for a taxable year exceed the taxpayer's income tax liability. Any unused tax credit shall be allowed to be carried forward to apply to the taxpayer's next three succeeding years' tax liability. No such tax credit shall be allowed the taxpayer against prior years' tax liability. (4) The tax credit allowed under this Code section, and any recaptured tax credit, shall be allocated among some or all of the partners, members, or shareholders of the entity owning the project in any manner agreed to by such persons, whether or not such persons are allocated or allowed any portion of the federal housing tax credit with respect to the project. (c) The commissioner and the state department designated by the Governor as the state housing credit agency for purposes of Section 42(h) of the Internal Revenue Code of 1986, as amended, shall each be authorized to promulgate any rules and regulations necessary to implement and administer this Code section.*
SECTION 3. This Act shall become effective on January 1, 2002, and shall be applicable to all taxable years beginning on or after that date.

____________GEORGIA LAWS 2001 SESSION__________1185
SECTION 4. All laws and parts of laws in conflict with this Act are repealed.
Approved April 28, 2001.
PROFESSIONS AND BUSINESSES - COSMETOLOGY.
Code Sections 43-10-9, 43-10-12, and 43-10-14 Amended.
No. 366 (House Bill No. 641).
AN ACT
To amend Chapter 10 of Title 43 of the Official Code of Georgia Annotated, relating to cosmetologists, so as to change certain provisions relating to application for certificate of registration to practice cosmetology; to change the provisions relating to qualifications for registration of cosmetologists, estheticians, and nail technicians; to change the qualifications for teachers and instructors of cosmetologists, estheticians, and nail technicians; to change certain provisions relating to reciprocity; to authorize the State Board of Cosmetology to waive certain education requirements under said chapter in cases of hardship, disability, or illness or under such other circumstances as the board deems appropriate with respect to applicants who were enrolled in a board approved school or had completed a board approved study course as of June 30,2000; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Chapter 10 of Title 43 of the Official Code of Georgia Annotated, relating to cosmetologists, is amended by striking in its entirety Code Section 43-10-9, relating to application for certificate of registration, and inserting in lieu thereof a new Code Section 43-10-9 to read as follows:
'43-10-9. (a) Any person desiring to obtain a certificate of registration to enable him or her to engage in the occupation of cosmetology shall make application through the division director to the board and shall present proof that he or she has obtained a high school diploma, a general educational development (GED) diploma, or a postsecondary education or college degree. If, after review of the application, it is determined that the applicant is at least 17 years of age; has met the minimum educational requirements; is of good moral character; has completed a 1,500 credit hour study course with at least nine months at a board approved school or has served as an apprentice in a beauty shop or beauty salon for a period of at

1186_____GENERAL ACTS AND RESOLUTIONS, VOL. I_______
least 3,000 credit hours; has practiced or studied the occupation of cosmetology; is possessed of the requisite skill in such occupation to perform properly all the duties of the occupation, including his or her ability in the preparation of tools, in performing the services mentioned in paragraph (4) of Code Section 43-10-1, and in all the duties and services incident thereto; has paid to the division director an examination fee in such amount as shall be set by the board by regulation; and has presented himself or herself at the next meeting of the board held for examination of applicants at which such person is scheduled for examination and has passed both a written and a practical examination, a certificate of registration shall be issued to him or her entitling him or her to practice the occupation of master cosmetologist. Notwithstanding any other provisions of this subsection, the board shall be authorized to waive any education requirements under this subsection in cases of hardship, disability, or illness or under such other circumstances as the board deems appropriate with respect to any applicant who was enrolled in a board approved school or had completed a board approved study course as of June 30, 2000. (b) Should an applicant under this Code section fail to pass the written or the practical examination, the board shall furnish the applicant a statement in writing, stating wherein the applicant was deficient. Nothing in this chapter shall be construed to prevent applicants from making subsequent applications to qualify under this Code section, provided they again pay the required examination fee. (c) An approved applicant for examination under this Code section may be issued a work permit authorizing said applicant to practice such occupation until the release of the results of the written and the practical examination for which the applicant is scheduled. If the applicant fails to appear for the examination or fails any portion of the examination, the work permit shall be revoked unless the applicant provides just cause to the board as to why the applicant was unable to appear for the examination. (d) Should an applicant have a current cosmetology license in force from another state or country, or territory of the United States, or the District of Columbia, where similar reciprocity is extended to this state and licensure requirements are substantially equal to those in this state, and have paid to the division director a fee in such amount as shall be set by the board by regulation, the applicant may be issued, without examination, a certificate of registration at the appropriate level, entitling the applicant to practice the occupation of cosmetology or the teaching of cosmetology at that level, unless the board, in its discretion, sees fit to require a written or a practical examination subject to the terms and provisions of this chapter. Notwithstanding any other provisions of this subsection, the board shall be authorized to waive any education or experience requirements applicable to any person who holds a current license or certificate to practice cosmetology outside ofthis state and who desires to obtain a license or certificate at a level authorized under this Code section to practice at such level in this state in cases of hardship, disability, or illness or under such other circumstances as the board deems appropriate.

____________GEORGIA LAWS 2001 SESSION__________1187
(e) Any person desiring to obtain a certificate of registration at the esthetician level under the terms of this chapter shall make application through the division director to the board and shall present proof that he or she has obtained a high school diploma, a general educational development (GED) diploma, or a postsecondary education or college degree. If, after review of the application, it is determined that the applicant is at least 17 years of age; has met the minimum educational requirements; is of good moral character; has completed a 1,000 credit hour study course of at least nine months at a board approved school or has served as an apprentice in a beauty shop or beauty salon for a period of at least 2,000 credit hours; has practiced or studied cosmetic skin care as defined in paragraph (5) of Code Section 43-10-1; is possessed of the requisite skill to perform properly these services; has paid to the division director an examination fee in such amount as shall be set by the board by regulation; and has presented himself or herself at the next meeting of the board for examination of applicants at which such person is scheduled for examination and has passed a written and a practical examination, a certificate of registration shall be issued to the applicant entitling the applicant to practice the occupation of cosmetology at the esthetician level. Notwithstanding any other provisions of this subsection, the board shall be authorized to waive any education requirements under this subsection in cases of hardship, disability, or illness or under such other circumstances as the board deems appropriate with respect to any applicant who was enrolled in a board approved school or had completed a board approved study course as of June 30, 2000. (f) Any person desiring to obtain a certificate of registration at the nail technician level under the terms of this chapter shall make application through the division director to the board and shall present proof that he or she has obtained a high school diploma, a general educational development (GED) diploma, or a postsecondary education or college degree. If, after review of the application, it is determined that the applicant is at least 17 years of age; has met the minimum educational requirements; is of good moral character; has completed a 525 credit hour study course of at least four months at a board approved school or has served as an apprentice in a beauty shop or beauty salon for a period of at Jeast 1,050 credit hours; has practiced or studied nail care; is possessed of the requisite skill to perform properly these services; has paid to the division director an examination fee in such amount as shall be set by the board by regulation; and has presented himself or herself at the next meeting of the board held for examination of applicants at which such person is scheduled for examination and has passed both a written and a practical examination, a certificate of registration shall be issued to the applicant entitling the applicant to practice the occupation of cosmetology at the nail technician level. Notwithstanding any other provisions of this subsection, the board shall be authorized to waive any education requirements under this subsection in cases of hardship, disability, or illness or under such other circumstances as the board deems appropriate with respect to any applicant who was enrolled in a board approved school or had completed a board approved study course as of June 30, 2000.

1188______GENERAL ACTS AND RESOLUTIONS, VOL. I________
(g) Nothing in this Code section shall be construed as preventing a person from obtaining a certificate of registration for the occupation of cosmetology at the master level, the esthetician level, or the nail technician level if such person obtains his or her credit hour study at a State Board of Education approved school or a technical institute under the jurisdiction of the Department of Technical and Adult Education or the Department of Education rather than at a board approved school. (h) A person licensed to practice barbering under Chapter 7 of this title shall be eligible to take the master cosmetologist examination provided for in this Code section if that person completes a board approved 250 hour prescribed course in an approved cosmetology school, submits a completed application, and pays the proper fees established by the board."
SECTION 2. Said chapter is further amended by striking in its entirety subsection (e) of Code Section 43-10-12, relating to regulation and permits for schools, teachers, and instructors, and inserting in lieu thereof a new subsection (e) to read as follows:
"(e)(l) All teachers or instructors shall devote their entire time to instruction of students. Any person desiring to teach or instruct in any school of cosmetology, school of esthetics, or school of nail care shall first file his or her application with the division director for a license, shall pay a fee in such amount as shall be set by the board by regulation, and shall successfully pass both a written and a practical examination to become an instructor.
(2)(A) A person desiring to teach at the master level shall satisfy the board that he or she:
(i) Holds a current cosmetology license at the master level and is a high school graduate, has a general education development (GED) diploma, or has a postsecondary education or college degree; (ii) Has 1,500 hours of instructor training in cosmetology at a board approved school; and (iii) Has one year of work experience at the master level. (B) A person holding a current cosmetology license at the master level who is a high school graduate, has a general education development (GED) diploma, or has a postsecondary education or college degree; who has completed the required board approved hours of continuing education; and has board approved work experience as an instructor or in education may, at the board's discretion, be permitted to take the written and the practical examination to become an instructor at the master level. (3)(A) A person desiring to teach at the esthetician level shall satisfy the board that he or she: (i) Holds a current cosmetology license at the esthetician or master level and is a high school graduate, has a general education development (GED) diploma, or has a postsecondary education or college degree; (ii) Has 1,000 hours of board approved instructor training in esthetics of at least nine months;

__________GEORGIA LAWS 2001 SESSION__________H89
(iii) Has one year of work experience at the esthetician or master level; and (iv) Has passed both a written and a practical examination to become an instructor in esthetics. (B) A person holding a current cosmetology license at the esthetician or master level who is a high school graduate, has a general education development (GED) diploma, or has a postsecondary education or college degree; who has completed the required board approved hours of continuing education; and has board approved work experience as an instructor or in education may, at the board s discretion, be permitted to take the written and the practical examination to become an instructor at the esthetician level. (4)(A) A person desiring to teach at the nail technician level shall satisfy the board that he or she: (i) Holds a current cosmetology license at the nail technician or master level and is a high school graduate, has a general education development (GED) diploma, or has a postsecondary education or college degree; (ii) Has 525 hours of board approved instructor training in nail care of at least four months; (iii) Has one year of work experience at the nail technician or master level; and (iv) Has passed both a written and a practical examination to become an instructor in nail care. (B) A person holding a current cosmetology license at the nail technician or master level who is a high school graduate, has a general education development (GED) diploma, or has a postsecondary education or college degree; who has completed the required board approved hours of continuing education; and has board approved work experience as an instructor or in education may, at the board s discretion, be permitted to take the written and the practical examination to become an instructor at the nail technician level. (5) Any teacher or instructor shall renew his or her license to teach cosmetology biennially in odd years by remitting with his or her application a renewal fee in such amount as shall be set by the board by regulation; provided, however, any teacher or instructor who fails to renew his or her certificate of registration to practice as a cosmetologist, esthetician, or nail technician on or before the date established by the board by regulation shall automatically have his or her license to teach or instruct revoked. A person failing to renew his or her instructor's license within two years after expiration shall be required to qualify under this chapter for both a written and a practical examination for an instructor's license. (6) Nothing in this Code section shall be construed as preventing a person from obtaining a certificate of registration as teacher or instructor who is certified by the Department of Education to teach cosmetology in the state public schools. The certification is limited to those persons who hold a current cosmetology license at the master level and also hold a diploma or certificate of 1,500 credit hours from a board approved school and have completed the

1190______GENERAL ACTS AND RESOLUTIONS, VOL. I_________
three-year teachers training program required by the Department of Education. Such persons shall also pass both a written and a practical examination satisfactory to the board and, upon passage thereof, shall receive a license to teach cosmetology.*
SECTION 3. Said chapter is further amended by striking in its entirety Code Section 43-10-14, relating to study by persons 17 years of age and older, and inserting in lieu thereof a new Code Section 43-10-14 to read as follows:
'43-10-14.
(a) Nothing in this chapter shall prohibit any person at least 17 years of age from learning the occupation of cosmetology under a master cosmetologist, provided that such cosmetologist has had at least 36 months' experience and has held a license of a master cosmetologist for at least 36 months. In addition, nothing in this chapter shall prohibit any person at least 17 years of age from learning the occupation of cosmetology under an instructor in a school of cosmetology who has been a cosmetologist for a period of at least 18 months and has registered under this chapter. Nothing in this chapter shall prohibit any person at least 17 years of age from learning the occupation of esthetics under a cosmetologist holding a master cosmetologist certificate or an esthetician certificate, provided that such cosmetologist has had at least 36 months' experience, or under an instructor in a school of cosmetology or school of esthetics who has been a licensed cosmetologist for a period of at least 18 months, is qualified to teach said practices, and has registered under this chapter. Nothing in this chapter shall prohibit any person at least 17 years of age from learning the occupation of nail care or manicuring under a cosmetologist holding a master cosmetologist certificate or a nail technician certificate, provided that such cosmetologist has had at least 36 months' experience, or under an instructor in a school of cosmetology or school of nail care who has been a licensed cosmetologist for a period of at least 18 months, is qualified to teach said practices, and has registered under this chapter. Any person registered as an apprentice under this Code section on June 30, 1997, shall be eligible to continue such apprenticeship under the person from whom that apprentice was learning the occupation of cosmetology, esthetics, or nail care or manicuring at the time of registration notwithstanding that the person under whom the apprentice was learning such occupation does not meet the 36 months' experience otherwise required by this Code section. Every shop owner shall have the responsibility for registering apprentices with the division director. The shop owner shall file a statement in writing, showing the apprentice's name and the address of the shop. The board shall have the authority to require the shop owner to furnish to the board the number of hours completed by the apprentice. The shop owner shall remit to the division director a fee in such amount as shall be set by the board by regulation for the registration of the apprentice. The apprentice shall receive a certificate of registration showing the capacity in which he or she is permitted to practice cosmetology. The certificate of registration shall be effective for a period of two

____________GEORGIA LAWS 2001 SESSION__________119]
years and may be renewed at the end of such period upon the filing of an application on forms furnished by the division director and the payment of a renewal fee in such amount as shall be set by the board by regulation. A certificate of registration authorizing a person to learn the occupation of cosmetology under a cosmetologist shall not be renewed more than one time; and, upon the expiration of the last certificate of registration issued, such person shall not be permitted to practice in any capacity. (b) Notwithstanding any other provisions of this subsection, the board shall be authorized to waive any education requirements under this subsection in cases of hardship, disability, or illness or under such other circumstances as the board deems appropriate with respect to any applicant who was enrolled in a board approved school or had completed a board approved study course as of June 30, 2000."
SECTION 4. All laws and parts of laws in conflict with this Act are repealed.
Approved April 28, 2001.
REVENUE AND TAXATION - EXCISE TAX ON ROOMS, LODGINGS, AND ACCOMMODATIONS; LEVY AND COLLECTION.
Code Section 48-13-51 Amended.
No. 367 (House Bill No. 780).
AN ACT
To amend Article 3 of Chapter 13 of Title 48 of the Official Code of Georgia Annotated, relating to the excise tax on the furnishing for value to the public of any rooms, lodgings, or accommodations, so as to change certain provisions regarding the levy and collection of such tax; to provide authorization with certain conditions for certain counties and municipalities to levy such tax; to change certain provisions authorizing certain counties and municipalities to levy such tax under certain conditions; to provide for requirements and limitations with respect thereto; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Article 3 of Chapter 13 of Title 48 of the Official Code of Georgia Annotated, relating to the excise tax on the furnishing for value to the public of any rooms,

1192_____GENERAL ACTS AND RESOLUTIONS, VOL. I________
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 certain excise taxes, and inserting in their place new paragraphs (1) and (2) to read as follows:
*(a)(l)(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. (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

__________GEORGIA LAWS 2001 SESSION__________H93
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)(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 by a Georgia state or local government official or employee traveling on official business for purposes of the exemption provided by this division. (D) Except as provided in paragraphs (3), (3.1), (3.2), (3.3), (3.4), (3.5), (3.7), (4), (4.1), (4.2), (4.3), (4.4), (4.5), (4.6), (4.7), (5), (5.1), and (5.2) of this subsection, no tax levied pursuant to this Code section shall be levied or collected at a rate exceeding 3 percent of the charge to the public for the furnishings. (2) A county or municipality levying a tax as provided in paragraph (1) of this subsection shall in each fiscal year beginning on or after July 1, 1987, expend for the purpose of promoting tourism, conventions, and trade shows a percentage ofthe total taxes collected under this Code section which is not less than the percentage of such tax collections expended for such purposes during the immediately preceding fiscal year. In addition, if during such immediately preceding fiscal year any portion of such tax receipts was expended for such purposes through a grant to or a contract or contracts with the state, a department of state government, a state authority, or a private sector nonprofit organization, then in each fiscal year beginning on or after July 1,1987, at least the same percentage shall be expended through a contract or contracts with one or more such entities for the purpose of promoting tourism, conventions, and trade shows. The expenditure requirements of this paragraph shall cease to

1194______GENERAL ACTS AND RESOLUTIONS, VOL. I_________
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), (3.7), (4), (4.1), (4.2), (4.3), (4.4), (4.5), (4.6), (4.7), (5), (5.1), and (5.2) of this subsection; and in such case the expenditure requirements of such paragraph of this subsection pursuant to which such tax is levied shall apply instead."
SECTION 2. Said article is further amended by striking paragraph (3.4) of subsection (a) of Code Section 48-13-51, relating to the levy and collection of certain excise taxes, and inserting in its place a new paragraph (3.4) to read as follows:
"(3.4) Notwithstanding the provisions of paragraph (1) of this subsection, a county (within the territorial limits of the special district located within the county) 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 (3)) 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: (A) promoting tourism, conventions, and trade shows; (B) supporting a facility owned or operated by a state authority for convention and trade show purposes or any other similar or related purposes; (C) supporting a facility owned or operated by a local 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; (D) supporting a facility owned or operated by a local government or local authority for convention and trade show purposes or any other similar or related purposes if construction of such facility is funded or was funded prior to July 1, 1990, in whole or in part by a grant of state funds or is funded on or after July 1, 1990, in whole or substantially by an appropriation of state funds; (E) supporting a facility owned by a local government or local authority for convention and trade show purposes and any other similar or related purposes if construction of such facility is substantially funded or was substantially funded on or after February 28, 1985, by a special county 1 percent sales and use tax authorized by Article 3 of Chapter 8 of this title, as amended, and if such facility was substantially completed and in operation prior to December 31,1993; or (F) for some combination of such purposes. Amounts so expended shall be expended only through a contract or contracts with the state, a department of state government, a state authority, a convention and visitors bureau authority created by local Act of the General Assembly for a municipality, or a private sector nonprofit organization, or through a contract or contracts with some combination of such entities, except that amounts expended for the purposes specified in subparagraphs (C) and (D) of this paragraph may be so expended in any otherwise lawful manner. In addition to the amounts otherwise required to be expended under this paragraph, a county or municipality levying a tax

_____________GEORGIA LAWS 2001 SESSION__________1195
pursuant to this paragraph shall further expend (in each fiscal year during which the tax is collected under this paragraph) an amount equal to 16 2/3 percent of the total taxes collected at the rate of 6 percent for promoting tourism, conventions, and trade shows. Amounts so expended shall be expended only through a contract or contracts with the state, a department of state government, a state authority, a convention and visitors bureau authority created by local Act of the General Assembly for a municipality, or a private sector nonprofit organization, or through a contract or contracts with some combination of such entities."
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), (3.7), (4.1), (4.2), (4.3), (4.4), (4.5), (4.6), (4.7), (5), (5.1), or (5.2) of this subsection, any county or municipality which has levied a tax pursuant to paragraph (3.1), (3.2), (3.3), (3.4), (3.5), (3.7), (4.1), (4.2), (4.3), (4.4), (4.5), (4.6), (4.7), (5), (5.1), or (5.2) of this subsection shall be authorized to levy a tax in the manner and at the rate authorized by either paragraph (1), paragraph (3), or paragraph (4) of this subsection but shall not thereafter be authorized to again levy a tax under paragraph (3.1), (3.2), (3.3), (3.4), (3.5), (3.7), (4.1), (4.2), (4.3), (4.4), (4.5), (4.6), (4.7), (5), (5.1), or (5.2) 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), (3.7), (4), (4.1), (4.2), (4.3), (4.4), (4.5), (4.6), (4.7), (5), (5.1), or (5.2) of this subsection shall prior to the imposition of the tax (if the tax is imposed on or after July 1, 1990) and prior to each fiscal year thereafter in which the tax is imposed adopt a budget plan specifying how the expenditure requirements of this Code section will be met. Prior to the adoption of such budget plan, the county or municipality shall obtain from the authorized entity with which it proposes to contract to meet the expenditure requirements of this Code section a budget for expenditures to be made by such organization; and such budget shall be made a part of the county or municipal budget plan. (B) The determination as to whether a county or municipality has complied with the expenditure requirements of paragraph (2), (3), (3.1), (3.2), (3.3), (3.4), (3.5), (3.7), (4), (4.1), (4.2), (4.3), (4.4), (4.5), (4.6), (4.7), (5), (5.1), or (5.2) of this subsection shall be made for each fiscal year beginning on or

1196_____GENERAL ACTS AND RESOLUTIONS, VOL. I________
after July 1, 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 offunds expended or contractually committed for expenditure as provided in paragraph (2), (3), (3.1), (3.2), (3.3), (3.4), (3.5), (3.7), (4), (4.1), (4.2), (4.3), (4.4), (4.5), (4.6), (4.7), (5), (5.1), or (5.2) of this subsection, whichever is applicable, during the fiscal year; and (ii) expressing such amount as a percentage of tax receipts under this Code section during such fiscal year. A county or municipality contractually expending funds to meet the expenditure requirements of paragraph (2), (3), (3.1), (3.2), (3.3), (3.4), (3.5), (3.7),(4),(4.1),(4.2),(4.3), (4.4), (4.5), (4.6), (4.7), (5), (5.1), or (5.2) ofthis subsection shall require the contracting party to provide audit verification that the contracting party makes use of such funds in conformity with the requirements of this subsection. (10) Nothing in this article shall be construed to limit the power of a county or municipality to expend more than the required amounts, or all, of the total taxes collected under this Code section for the purposes described in paragraph (2), (3), (3.1), (3.2), (3.3), (3.4), (3.5), (3.7), (4), (4.1), (4.2), (4.3), (4.4), (4.5), (4.6), (4.7), (5), (5.1), or (5.2) 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 April 28, 2001.
NUISANCES - ABATEMENT; PUBLIC HEALTH HAZARDS; UNFIT BUILDINGS OR STRUCTURES; MUNICIPALITIES PROHIBITED FROM RESTRICTING NON-ENGLISH LANGUAGE SIGNS.
Code Title 41 Amended.
No. 368 (Senate Bill No. 162).
AN ACT
To amend Chapter 2 of Title 41 of the Official Code of Georgia Annotated, relating to abatement of nuisances generally, so as to clarify the conditions under which property is considered a public health hazard; to change the provisions relating to the power of counties and municipalities to repair, close, or demolish unfit

____________GEORGIA LAWS 2001 SESSION__________1197
buildings or structures; to provide for the power of counties and municipalities with respect to buildings which are not in compliance with the applicable codes or general nuisance law; to change the definition of certain terms; to define additional terms; to change the provisions relating to county or municipal ordinances relating to unfit buildings or structures; to provide for the adoption and enforcement of county ordinances relating to nuisances; to provide for filing and adjudication of a complaint in rem; to provide for service of process; to provide that costs expended by a local government to make property safe shall be treated and collected in the same manner as tax liens; to change other provisions relating to service of complaints or orders upon parties in interest and owners of unfit buildings or structures; to provide protection for the rights of minors, estates, incompetent persons, unknown persons, and unborn remaindermen; to provide procedures; to change the provisions relating to prior ordinances relating to the repair, closing, or demolition of unfit buildings or structures; to amend Chapter 1 of Title 41 of the Official Code of Georgia Annotated, relating to general provisions with respect to nuisances, so as to prohibit a municipality from restricting the use of language other than English on signs for privately owned businesses; to provide for application; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Chapter 2 of Title 41 of the Official Code of Georgia Annotated, relating to abatement of nuisances generally, is amended by striking in its entirety Code Section 41 -2-7, relating to the power of counties and municipalities to repair, close, or demolish unfit buildings or structures, and inserting in lieu thereof a new Code Section 41-2-7 to read as follows:
'41-2-7.
(a) It is found and declared that in the counties and municipalities of this state there is the existence or occupancy of dwellings or other buildings or structures which are unfit for human habitation or for commercial, industrial, or business occupancy or use and not in compliance with the applicable state minimum standard codes as adopted by ordinance or operation of law or any optional building, fire, life safety, or other codes relative to the safe use of real property and real property improvements adopted by ordinance in the jurisdiction where the property is located; or general nuisance law and which constitute a hazard to the health, safety, and welfare of the people of this state; and that a public necessity exists for the repair, closing, or demolition of such dwellings, buildings, or structures. It is found and declared that in the counties and municipalities of this state where there is in existence a condition or use of real estate which renders adjacent real estate unsafe or inimical to safe human habitation, such use is dangerous and injurious to the health, safety, and welfare of the people of this state and a public necessity exists for the repair of such condition or the cessation of such use which renders the adjacent real estate unsafe or inimical to safe

1198_____GENERAL ACTS AND RESOLUTIONS, VOL. I_______
human habitation. Whenever the governing authority of any county or municipality of this state finds that there exist in such county or municipality dwellings, buildings, or structures which are unfit for human habitation or for commercial, industrial, or business uses due to dilapidation and not in compliance with applicable codes; which have defects increasing the hazards of fire, accidents, or other calamities; which lack adequate ventilation, light, or sanitary facilities; or where other conditions exist rendering such dwellings, buildings, or structures unsafe or unsanitary, or dangerous or detrimental to the health, safety, or welfare, or otherwise inimical to the welfare of the residents of such county or municipality, or vacant, dilapidated dwellings, buildings, or structures in which drug crimes are being committed, power is conferred upon such county or municipality to exercise its police power to repair, close, or demolish the aforesaid dwellings, buildings, or structures in the manner provided in this Code section and Code Sections 41-2-8 through 41-2-17. (b) All the provisions of this Code section and Code Sections 41-2-8 through 41-2-17 including method and procedure may also be applied to private property where there exists an endangerment to the public health or safety as a result of unsanitary or unsafe conditions to those persons residing or working in the vicinity. A finding by any governmental health department, health officer, or building inspector that such property is a health or safety hazard shall constitute prima-facie evidence that said property is in violation of this Code section and Code Sections 41-2-8 through 41-2-17. (c) The exercise of the powers conferred upon counties in this Code section and in Code Sections 41 -2-8 through 41-2-17 shall be limited to properties located in the unincorporated areas of such counties.*
SECTION 2. Said chapter is further amended by striking in its entirety Code Section 41-2-8, relating to definitions applicable to Code Sections 41-2-7 through 41-2-17, and inserting in lieu thereof a new Code Section 41-2-8 to read as follows:
'41-2-8.
As used in Code Section 41-2-7, this Code section, and Code Sections 4L-2-9 through 41-2-17, the term:
(1) 'Applicable codes' means (A) any optional housing or abatement standard provided in Chapter 2 of Title 8 as adopted by ordinance or operation of law, or other property maintenance standards as adopted by ordinance or operation of law, or general nuisance law, relative to the safe use of real property; (B) any fire or life safety code as provided for in Chapter 2 of Title 25; and (C) any building codes adopted by local ordinance prior to October 1, 1991, or the minimum standard codes provided in Chapter 2 of Title 8 after October 1, provided that such building or minimum standard codes for real property improvements shall be deemed to mean those building or minimum standard codes in existence at the time such real property improvements were constructed unless otherwise provided by law.

__________GEORGIA LAWS 2001 SESSION__________H99
(2) 'Closing' means causing a dwelling, building, or structure to be vacated and secured against unauthorized entry. (3) 'Drug crime' means an act which is a violation of Article 2 of Chapter 13 of Title 16, known as the 'Georgia Controlled Substances Act.' (4) 'Dwellings, buildings, or structures' means any building or structure or part thereof used and occupied for human habitation or commercial, industrial, or business uses, or intended to be so used, and includes any outhouses, improvements, and appurtenances belonging thereto or usually enjoyed therewith and also includes any building or structure of any design. As used in Code Section 41-2-7, this Code section, and Code Sections 41-2-9 through 41-2-17, the term 'dwellings, buildings, or structures' shall not mean or include any farm, any building or structure located on a farm, or any agricultural facility or other building or structure used for the production, growing, raising, harvesting, storage, or processing ofcrops, livestock, poultry, or other farm products. (5) 'Governing authority' means the board of commissioners or sole commissioner of a county or the council, board of commissioners, board of aldermen, or other legislative body charged with governing a municipality. (6) 'Municipality' means any incorporated city within this state. (7) 'Owner' means the holder of the title in fee simple and every mortgagee of record. (8) 'Parties in interest' means:
(A) Persons in possession of said property and premises; (B) Persons having of record in the county in which the dwelling, building, or structure is located any vested right, title, or interest in or lien upon such dwelling, building, or structure or the lot, tract, or parcel of real property upon which the structure is situated or upon which the public health hazard or general nuisance exists based upon a 50 year title examination conducted in accordance with the title standards of the State Bar of Georgia; (C) Persons having paid an occupational tax to the governing authority for a location or office at the subject building or structure; or (D) Persons having filed a property tax return with the governing authority as to the subject property, building, or structure. (9) 'Public authority' means any member of a governing authority, any housing authority officer, or any officer who is in charge of any department or branch of the government of the municipality, county, or state relating to health, fire, or building regulations or to other activities concerning dwellings, buildings, or structures in the county or municipality. (10) 'Public officer' means the officer or officers who are authorized by Code Section 41 -2-7, this Code section, and Code Sections 41 -2-9 through 41-2-17 and by ordinances adopted under Code Section 41-2-7, this Code section, and Code Sections 41 -2-9 through 41 -2-17 to exercise the powers prescribed by such ordinances or any agent of such officer or officers. (11) 'Repair' means altering or improving a dwelling, building, or structure so as to bring the structure into compliance with the applicable codes in the

1200______GENERAL ACTS AND RESOLUTIONS, VOL. I_________
jurisdiction where the property is located and the cleaning or removal of debris, trash, and other materials present and accumulated which create a health or safety hazard in or about any dwelling, building, or structure. (12) 'Resident' means any person residing in the jurisdiction where the property is located on or after the date on which the alleged nuisance arose."
SECTION 3. Said chapter is further amended by striking in its entirety Code Section 41-2-9, relating to county or municipal ordinances relating to unfit buildings or structures, and inserting in lieu thereof a new Code Section 41-2-9 to read as follows:
"41-2-9.
(a) In addition to any other remedies or enforcement mechanisms available, upon the adoption of an ordinance finding that dwelling, building, or structure conditions of the character described in Code Section 41-2-7 exist within a county or municipality, the governing body of such county or municipality is authorized to adopt ordinances relating to the dwellings, buildings, or structures within such county or municipality which are unfit for human habitation or commercial, industrial, or business uses and not in compliance with applicable codes, which are vacant and being used in connection with the commission of drug crimes, or which constitute an endangerment to the public health or safety as a result of unsanitary or unsafe conditions. Such ordinances shall include at least the following provisions:
(1) That it is the duty of the owner of every dwelling, building, structure, or property within the jurisdiction to construct and maintain such dwelling, building, structure, or property in conformance with applicable codes in force within the jurisdiction, or such ordinances which regulate and prohibit activities on property and which declare it to be a public nuisance to construct or maintain any dwelling, building, structure, or property in violation of such codes or ordinances; (2) That a public officer be designated or appointed to exercise the powers prescribed by the ordinances; (3) That whenever a request is filed with the public officer by a public authority or by at least five residents of the municipality or by five residents of the unincorporated area of the county if the property in question is located in the unincorporated area of the county charging that any dwelling, building, structure, or property is unfit for human habitation or for commercial, industrial, or business use and not in compliance with applicable codes; is vacant and being used in connection with the commission of drug crimes; or constitutes an endangerment to the public health or safety as a result of unsanitary or unsafe conditions, the public officer shall make an investigation or inspection of the specific dwelling, building, structure, or property. If the officer's investigation or inspection identifies that any dwelling, building, structure, or property is unfit for human habitation or for commercial, industrial, or business use and not in compliance with applicable codes; is vacant and being used in connection with the commission of drug crimes; or

__________GEORGIA LAWS 2001 SESSION__________1201
constitutes an endangerment to the public health or safety as a result of unsanitary or unsafe conditions, the public officer may issue a complaint in rem against the lot, tract, or parcel of real property on which such dwelling, building, or structure is situated or where such public health hazard or general nuisance exists and shall cause summons and a copy of the complaint to be served on the owner and parties in interest in such dwelling, building, or structure. The complaint shall identify the subject real property by appropriate street address and official tax map reference; identify the owner and parties in interest; state with particularity the factual basis for the action; and contain a statement of the action sought by the public officer to abate the alleged nuisance. The summons shall notify the owner and parties in interest that a hearing will be held before a court of competent jurisdiction as determined by Code Section 41 -2-5, at a date and time certain and at a place within the county or municipality where the property is located. Such hearing shall be held not less than 15 days nor more than 45 days after the filing of said complaint in the proper court. The owner and parties in interest shall have the right to file an answer to the complaint and to appear in person or by attorney and offer testimony at the time and place fixed for hearing; (4) That if, after such notice and hearing, the court determines that the dwelling, building, or structure in question is unfit for human habitation or is unfit for its current commercial, industrial, or business use and not in compliance with applicable codes; is vacant and being used in connection with the commission of drug crimes; or constitutes an endangerment to the public health or safety as a result of unsanitary or unsafe conditions, the court shall state in writing findings of fact in support of such determination and shall issue and cause to be served upon the owner and any parties in interest that have answered the complaint or appeared at the hearing an order:
(A) If the repair, alteration, or improvement of the said dwelling, building, or structure can be made at a reasonable cost in relation to the present value of the dwelling, building, or structure, requiring the owner, within the time specified in the order, to repair, alter, or improve such dwelling, building, or structure so as to bring it into full compliance with the applicable codes relevant to the cited violation and, if applicable, to secure the structure so that it cannot be used in connection with the commission of drug crimes; or (B) If the repair, alteration, or improvement of the said dwelling, building, or structure in order to bring it into full compliance with applicable codes relevant to the cited violations cannot be made at a reasonable cost in relation to the present value of the dwelling, building, or structure, requiring the owner, within the time specified in the order, to demolish and remove such dwelling, building, or structure and all debris from the property. For purposes of this Code section, the court shall make its determination of 'reasonable cost in relation to the present value of the dwelling, building, or structure' without consideration of the value of the land on which the structure is situated; provided, however, that costs ofthe preparation necessary to repair, alter, or improve a structure may be considered. Income and financial status of

1202______GENERAL ACTS AND RESOLUTIONS, VOL. I__________
the owner shall not be factor in the court's determination. The present value of the structure and the costs of repair, alteration, or improvement may be established by affidavits of real estate appraisers with a Georgia appraiser classification as provided in Chapter 39A of Title 43, qualified building contractors, or qualified building inspectors without actual testimony presented. Costs of repair, alteration, or improvement of the structure shall be the cost necessary to bring the structure into compliance with the applicable codes relevant to the cited violations in force in the jurisdiction; (5) That, if the owner fails to comply with an order to repair or demolish the dwelling, building, or structure, the public officer may cause such dwelling, building, or structure to be repaired, altered, or improved or to be vacated and closed or demolished. The public officer shall cause to be posted on the main entrance of the building, dwelling, or structure a placard with the following words:
This building is unfit for human habitation or commercial, industrial, or business use and does not comply with the applicable codes or has been ordered secured to prevent its use in connection with drug crimes or constitutes an endangerment to public health or safety as a result of unsanitary or unsafe conditions. The use or occupation of this building is prohibited and unlawful.'; (6) If the public officer has the structure demolished, reasonable effort shall be made to salvage reusable materials for credit against the cost of demolition. The proceeds of any moneys received from the sale of salvaged materials shall be used or applied against the cost of the demolition and removal of the structure, and proper records shall be kept showing application of sales proceeds. Any such sale of salvaged materials may be made without the necessity of public advertisement and bid. The public officer and governing authority are relieved of any and all liability resulting from or occasioned by the sale of any such salvaged materials, including, without limitation, defects in such salvaged materials; (7) That the amount of the cost of demolition, including all court costs, appraisal fees, administrative costs incurred by the tax commissioner, and all other costs necessarily associated with the abatement action, including restoration to grade of the real property after demolition, shall be a lien against the real property upon which such cost was incurred. (b)(l) The lien provided for in paragraph (7) of subsection (a) of this Code section shall attach to the real property upon the filing of a certified copy of the order requiring repair, closure, or demolition in the office of the clerk of superior court in the county where the real property is located and shall relate back to the date of the filing of the lis pendens notice required under subsection (g) of Code Section 41-2-12. The clerk of superior court shall record and index such certified copy of the order in the deed records of the county and enter the lien on the general execution docket. The lien shall be superior to all other liens on the property, except liens for taxes to which the lien shall be inferior, and shall continue in force until paid. After filing a

____________GEORGIA LAWS 2001 SESSION__________1203
certified copy of the order with the clerk of superior court, the public officer shall forward a copy of the order and a final statement of costs to the county tax commissioner. It shall be the duty of the county tax commissioner to collect the amount of the lien in conjunction with the collection of ad valorem taxes on the property and to collect the amount of the lien as if it were a real property ad valorem tax, using all methods available for collecting real property ad valorem taxes, including specifically Chapter 4 of Title 48; provided, however, that the limitation of Code Section 48-4-78 which requires 12 months of delinquency before commencing a tax foreclosure shall not apply. The tax commissioner shall remit the amount collected to the governing authority of the county or municipality whose ordinance is being enforced. Thirty days after imposition of the lien, the unpaid lien amount shall bear interest and penalties in the same amount as applicable to interest and penalties on unpaid real property ad valorem taxes. (2) Where the remittance is to a municipality, the tax commissioner shall collect and retain an amount equal to the cost of administering a lien authorized by this chapter unless such costs are waived by resolution of the county governing authority. Any such amount collected and retained for administration shall be deposited in the general fund of the county to pay the cost of administering the lien. (c) The governing authority may waive and release any such lien imposed on property upon the owner of such property entering into a contract with the county or municipality agreeing to a timetable for rehabilitation of the real property or the dwelling, building, or structure on the property and demonstrating the financial means to accomplish such rehabilitation. (d) Where the abatement action does not commence in the superior court, review of a court order requiring the repair, alteration, improvement, or demolition of a dwelling, building, or structure shall be by direct appeal to the superior court under Code Section 5-3-29. (e) In addition to the procedures and remedies in this chapter, a governing authority may provide by ordinance that designated public officers may issue citations for violations of state minimum standard codes, optional buildingT fire, life safety, and other codes adopted by ordinance, and conditions creating a public health hazard or general nuisance, and seek to enforce such citations in a court of competent jurisdiction prior to issuing a complaint in rem as provided in this Code section. (f) Nothing in this Code section shall be construed to impair or limit in any way the power of the county or municipality to define and declare nuisances and to cause their removal or abatement by summary proceedings or otherwise."
SECTION 4. Said chapter is further amended by striking in its entirety Code Section 41-2-12, relating to service of complaints or orders upon parties in interest and owners of unfit buildings or structures, and inserting in lieu thereof a new Code Section 41-2-12 to read as follows:

1204_____GENERAL ACTS AND RESOLUTIONS, VOL. I_______
'41-2-12.
(a) Complaints issued by a public officer pursuant to an ordinance adopted under Code Sections 41-2-7 through 41-2-11, this Code section, and Code Sections 41-2-13 through 41-2-17 shall be served in the following manner. In all cases, a copy ofthe complaint and summons shall be conspicuously posted on the subject dwelling, building, or structure within three business days of filing ofthe complaint and at least ten days prior to the date of the hearing. A copy of the complaint and summons shall be served in one of the following ways:
(1) Personal service upon each owner and party in interest if such parties are residents of the county. Service shall be perfected at least ten days prior to the date of the hearing. Service may be made by the public officer designated by ordinance to abate nuisances or by any law enforcement officer of the county or municipality whose ordinance is being enforced; and a return of service, filed with the clerk of the appropriate court, shall be deemed sufficient proof that service was perfected; (2) Pursuant to the provisions of Article 5 of Chapter 4 of Title 48; or (3) Statutory overnight delivery. (b) If any owner or party in interest is a resident of this state but resides outside of the county, service shall be perfected by certified mail or statutory overnight delivery, return receipt requested, to the most recent address shown in county tax filings and mailed at least 14 days prior to the date of the hearing. (c) Nonresidents of this state, whose mailing address is known, shall be served by certified mail or statutory overnight delivery, return receipt requested, mailed at least 14 days prior to the date of the hearing. For nonresidents whose mailing address is unknown, a notice stating the date, time, and place ofthe hearing shall be published in the newspaper in which the sheriffs advertisements appear in such county once a week for two consecutive weeks prior to the hearing. (d) In the event either the owner or any party in interest is a minor, an estate, an incompetent person, or person laboring under disabilities, the guardian or other personal representative of such person shall be served and if such guardian or personal representative resides outside the county or is a nonresident ofthis state, he or she shall be served as provided for in subsection (c) of this Code section. If such owner or party in interest has no guardian or personal representative, service shall be perfected by serving the judge of the probate court of the county wherein such property is located at least 30 days prior to 'the date of the hearing which judge shall stand in the place of and protect the rights of such minor, estate, or incompetent person or appoint a guardian ad litem for such person. (e) In the event of unknown persons or unborn remaindermen who are likely to have any rights in the property or interest or the proceeds thereof, the judge ofthe probate court of the county wherein such property or interest is located shall be personally served at least 30 days prior to the date of the hearing, and it shall be the duty of the judge of the probate court to stand in the place of and protect the rights of such unknown parties or unborn remaindermen. (f) In the event the whereabouts of any owner or party in interest is unknown and the same cannot be ascertained by the public officer in the exercise of reasonable

_____________GEORGIA LAWS 2001 SESSION__________1205
diligence or if any owner or party in interest cannot, after due diligence, be served as provided in this Code section, the public officer shall make an affidavit to that effect and serve by publication in the manner provided in subsection (c) of this Code section, and such publication shall be sufficient proof that service was perfected. (g) A notice of lis pendens shall be filed in the office of the clerk of superior court in the county in which the dwelling, building, or structure is located at the time of filing the complaint in the appropriate court. Such notice shall have the same force and effect as other lis pendens notices provided by law. (h) Orders and other filings made subsequent to service of the initial complaint shall be served in the manner provided in this Code section on the owner and any party in interest who answers the complaint or appears at the hearing. Any party who fails to answer or appear at the hearing shall be deemed to have waived all further notice in the proceedings."
SECTION 5. Said chapter is further amended by striking in its entirety Code Section 41-2-17, relating to prior ordinances relating to repair, closing, or demolition of unfit buildings or structures, and inserting in lieu thereof a new Code Section 41-2-17 to read as follows:
'41-2-17. Ordinances relating to the subject matter of Code Sections 41-2-7 through 41-2-16 and this Code section adopted prior to July 1,2001, shall have the same force and effect on and after said date as ordinances adopted subsequent to and by authority of these Code sections."
SECTION 5.1. Chapter 1 of Title 41 of the Official Code of Georgia Annotated, relating to general provisions with respect to nuisances, is amended by adding at the end thereof the following:
"41-1-10. A municipality shall be prohibited from restricting the use of language other than English on signs for privately owned businesses. This Code section shall not restrict the municipality's right to enact any other restrictions on signs."
SECTION 6. This Act shall become effective on July 1, 2001.
SECTION 7. All laws and parts of laws in conflict with this Act are repealed.
Approved April 28, 2001.

1206______GENERAL ACTS AND RESOLUTIONS, VOL. I_______
PUBLIC UTILITIES AND PUBLIC TRANSPORTATION - NATURAL GAS MARKETERS AND MARKETING.
Code Title 46, Article 5, Chapter 4 Amended.
No. 369 (Senate Bill No. 217).
AN ACT
To amend Article 5 of Chapter 4 of Title 46 of the Official Code of Georgia Annotated, known as the "Natural Gas Competition and Deregulation Act," so as to provide that a retail customer shall be authorized to change marketers at least once a year without incurring any service charge relating to such change to an alternative marketer; to limit the amount of deposit that a marketer may require from a retail customer; to provide for refunds of deposits under certain conditions; to require the Public Service Commission to have published at least quarterly in newspapers throughout the state a summary of the price per therm and any other amounts charged to retail customers by each marketer operating in this state and any additional information which the commission deems appropriate to assist customers in making decisions regarding choice of a marketer; to authorize the Public Service Commission to adopt rules and regulations relating to pricing information applicable to gas marketers and billing practices and customer services of such marketers; to provide other billing requirements for marketers; to change the provisions relating to temporary directives; to authorize said commission to impose temporary directives on marketers under certain conditions; to provide that any marketer which willfully violates certain provisions of law or any duly promulgated rules or regulations issued under such laws or which fails, neglects, or refuses to comply with any order of the Public Service Commission after notice thereof shall be liable for any penalties authorized under Code Section 46-2-91; to provide that in any case where there is a dispute between a marketer and a retail customer concerning the amount of a gas bill, the marketer shall be required to confer by telephone or some other verifiable means with the retail customer to attempt to resolve such dispute; to prohibit a marketer from reporting the name of a retail customer to any consumer reporting agency until the marketer has conferred with the retail customer and has complied in all respects with certain applicable laws and regulations or has obtained a judgment against the retail customer; to provide that whenever a marketer discovers or has called to its attention a billing error or other mistake acknowledged or admitted to by the marketer and resulting in an overpayment by a retail customer, such marketer shall be required automatically and immediately to provide a credit or refund of the amount of the overpayment to the customer; to prohibit a marketer from requiring a retail customer to whom it owes a credit or refund to submit in writing a request for such credit or refund before the marketer complies with the provisions of this Act; to change the provisions relating to universal service funds; to provide for additional purposes for such a fund; to provide for priority of payments from such fund for

_____________GEORGIA LAWS 2001 SESSION__________1207
assistance to low-income customers; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Article 5 ofChapter 4 ofTitle 46 ofthe Official Code ofGeorgia Annotated, known as the "Natural Gas Competition and Deregulation Act," is amended by adding at the end of Code Section 46-4-156, relating to customer assignment methodology, new subsections (g) and (h) to read as follows:
"(g) Notwithstanding any other provision of this article, a retail customer shall be authorized to change marketers at least once a year without incurring any service charge relating to such change to an alternative marketer, (h) A marketer may require a deposit from a retail customer prior to providing gas distribution service to such customer; provided, however, that such deposit cannot exceed 100 percent of the customer's average monthly bill based on past customer usage and current marketer prices. In any case where a marketer has required a deposit from a retail customer and such customer has paid all bills from the marketer in a timely manner for a period of six months, the marketer shall be required to refund the deposit to the customer within 60 days. In any event, a deposit shall be refunded to a retail customer within 60 days of the date that a retail customer changes marketers or discontinues service, provided the retail customer has satisfied all of his or her outstanding financial obligations to the marketer."
SECTION 2. Said article is further amended by striking in its entirety Code Section 46-4-157, relating to temporary directives, and inserting in lieu thereof a new Code Section 46-4-157 to read as follows:
"46-4-157.
(a) If, in an expedited hearing pursuant to the provisions of Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act':
(1) The commission determines for a specific delivery group, as to which the commission has issued an order pursuant to subsection (b) of Code Section 46-4-156, that the prices for natural gas paid by retail customers in such delivery group are not constrained by market forces and are significantly higher than such prices would be if they were constrained by market forces; or (2) The commission determines for a specific delivery group, as to which the commission has not issued an order pursuant to subsection (b) of Code Section 46-4-156, that the prices charged by an electing distribution company to residential customers for commodity sales services, which prices have not been approved by the commission pursuant to Code Section 46-2-26.5, are generally not constrained by market forces and are significantly higher than such prices would be if they were constrained by market forces,

1208_____GENERAL ACTS AND RESOLUTIONS, VOL. I_________
then the commission, on an emergency basis, may by order temporarily impose such directives on gas companies subject to its jurisdiction as are required to protect the interests of retail customers in such delivery group including but not limited to price regulations and the imposition upon the electing distribution company ofthe obligation to serve retail customers in such delivery group under the same or similar conditions to those under which such customers were served prior to customer assignment in such delivery group. In no event shall such emergency directives extend beyond the first day of July immediately following the next full annual session ofthe General Assembly after the imposition ofsuch directives. In its order the commission shall provide for recovery of all costs reasonably incurred by the electing distribution company in complying with the directives. Any such directives shall be drawn as narrowly as possible to accomplish the purpose of protecting the public on an interim basis. No such directive shall impose any condition upon the electing distribution company which unreasonably burdens the company. Such directives shall be immediately reviewable in the Superior Court of Fulton County in the same manner and subject to the same procedures as the review of any other contested case under the provisions of Code Section 50-13-19. The provisions of this Code section shall not apply to a delivery group for which customer assignment occurred more than four years prior to the date of notice of the expedited hearing, (b) If, in an expedited hearing pursuant to the provisions of Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' the commission determines that market conditions are no longer competitive, then the commission, on an emergency basis, may by order temporarily impose such directives on marketers as are required to protect the interests of retail customers in the state, including, but not limited to, price regulations on the marketers. For purposes of this subsection, market conditions shall be considered competitive as long as there are at least three marketers soliciting and providing distribution services to residential and small business customers in this state; provided, however, that, in any case where there are three or less marketers soliciting and providing distribution services to residential and small business customers in this state, market conditions shall not be considered competitive if the commission upon clear and convincing evidence determines that as a result of collusion among such marketers, prices for natural gas paid by retail customers are not being adequately constrained by market forces and are significantly higher than such prices would be if they were constrained by market forces. In no event shall such emergency directives extend beyond the first day of July immediately following the next full annual session of the General Assembly after the imposition of such directives. Any such directives shall be drawn as narrowly as possible to accomplish the purpose of protecting the public on an interim basis. Such directives shall be immediately reviewable in the Superior Court of Fulton County in the same manner and subject to the same procedures as the review of any other contested case under the provisions of Code Section 50-13-19."

____________GEORGIA LAWS 2001 SESSION__________1209
SECTION 3. Said article is further amended by striking in its entirety Code Section 46-4-160, relating to authority of commission with respect to marketers, and inserting in lieu thereof a new Code Section 46-4-160 to read as follows:
46-4-160.
(a) With respect to a marketer certificated pursuant to Code Section 46-4-153, the commission shall have authority to:
(1) Adopt reasonable rules and regulations governing the certification of a marketer; (2) Grant, modify, impose conditions upon, or revoke a certificate; (3) Adopt reasonable rules governing service quality; (4) Resolve complaints against a marketer regarding that marketer's service; (5) Adopt reasonable rules and regulations relating to billing practices of marketers and information required on customers' bills. The commission shall require at a minimum that bills specify the gas consumption amount, price per therm, distribution charges, and any service charges. The commission shall prescribe performance standards for marketer billing relating to accuracy and timeliness of customer bills; (6) Adopt reasonable rules and regulations relating to minimum resources which marketers are required to have in this state for customer service purposes. The rules and regulations shall require a marketer to have and maintain the ability to process cash payments from customers in this state. The rules and regulations shall provide procedures relating to the handling and disposition of customer complaints; and (7) Adopt reasonable rules and regulations requiring marketers to provide notification to retail customers of or include with customer bills information relating to where customers may obtain pricing information relative to gas marketers. (b) Prior to the determination by the commission pursuant to Code Section 46-4-156 that adequate market conditions exist within a delivery group, each marketer must separately state on its bills to retail customers within the delivery group the charges for firm distribution service and for commodity-sales. (c) A marketer shall not refuse to sell gas to a potential firm retail customer within the territory covered by the marketer's certificate of authority if the sale can be made by the marketer pursuant to the rules for service authorized by the marketer's certificate of authority and upon terms that will provide the marketer with just and adequate compensation. The price at which a marketer sells gas shall not be fixed by the commission. (d) The commission and the consumers' utility counsel division of the Governor's Office of Consumer Affairs shall have access to the books and records of marketers as may be necessary to ensure compliance with the provisions of this article and with the commission's rules and regulations promulgated under this article. (e) Except as otherwise provided in this article, certification of a person as a marketer by the commission pursuant to Code Section 46-4-153 does not subject

1210______GENERAL ACTS AND RESOLUTIONS, VOL. I________
the person to thejurisdiction ofthe commission under this title, including without limitation the provisions of Article 2 of Chapter 2 of this title. (f) The provisions of Article 3 of Chapter 2 of this title shall apply to an investigation or hearing regarding a marketer. The provisions of Articles 4 and 5 of Chapter 2 of this title shall apply to a marketer. (g) The provisions of Part 2 of Article 15 of Chapter 1 of Title 10, the 'Fair Business Practices Act of 1975,' shall apply to a marketer, (h) The commission, subject to receiving state funds for such purpose, is required to have published at least quarterly in newspapers throughout the state a summary of the price per therm and any other amounts charged to retail customers by each marketer operating in this state and any additional information which the commission deems appropriate to assist customers in making decisions regarding choice of a marketer. In addition, the commission shall make such information available to Georgia Public Telecommunications (GPTV) under the jurisdiction of the Georgia Public Telecommunications Commission which will provide such information to the general public at a designated time at least once a month. (i) A marketer shall render a bill to retail customers for services within 30 days of the date following the actual monthly meter reading. A 15 day grace period is permitted prior to the application of any penalty. (j) Any marketer which willfully violates any provision of this Code section or any duly promulgated rules or regulations issued under this Code section or which fails, neglects, or refuses to comply with any order of the commission after notice thereof shall be liable for any penalties authorized under Code Section 46-2-91.*
SECTION 4. Said article is further amended by adding between Code Sections 46-4-160 and 46-4-161 new Code Sections 46-4-160.1 and 46-4-160.2 to read as follows:
'46-4-160.1.
In any case where there is a dispute between a marketer and a retail customer concerning the amount of a gas bill, the marketer shall be required to confer by telephone or some other verifiable means with the retail customer in an attempt to resolve such dispute. In case of any such dispute the marketer shall be prohibited from reporting the name of a retail customer to any consumer reporting agency as defined in Section 603(f) of the federal Fair Credit Reporting Act until the marketer has conferred with the retail customer and has complied in all respects with all applicable provisions of this article and the rules and regulations of the commission or has obtained a judgment against the retail customer.
46-4-160.2. (a) Whenever a marketer discovers or has called to its attention a billing error or other mistake acknowledged or admitted to by the marketer and resulting in an

_____________GEORGIA LAWS 2001 SESSION__________1211
overpayment by a retail customer of said marketer, such marketer shall be required automatically and immediately to provide:
(1) A credit of the amount of the overpayment to the account of the customer; or (2) A refund of the amount of the overpayment to the customer, (b) A marketer shall be prohibited from requiring a retail customer to whom it owes a credit or refund to submit in writing a request for such credit or refund before the marketer complies with the provisions of subsection (a) of this Code section. All credits to the account of the customer or refunds to the customer shall be made within 60 days after the overpayment has been acknowledged or admitted to by the marketer."
SECTION 5. Said article is further amended by striking in their entirety subsections (a) and (b) of Code Section 46-4-161, relating to universal service funds of electing distribution companies, and inserting in lieu thereof new subsections (a) and (b) to read as follows:
'(a) The commission shall create for each electing distribution company a universal service fund for the purpose of:
(1) Assuring that gas is available for sale by marketers to firm retail customers within the territory certificated to each such marketer; (2) Enabling the electing distribution company to expand its facilities and service in the public interest; (3) Assisting low-income customers in times of emergency as determined by the commission; and (4) Providing energy conservation assistance to low-income customers in a fair and equitable manner as determined by the commission; provided, however, that not more than 10 percent of the amount in the universal service fund shall be expended for such purpose in any calendar year. (b)(l) The fund shall be administered by the commission under rules to be promulgated by the commission in accordance with the provisions of this Code section. Prior to the beginning of each fiscal year of the electing distribution company, the commission shall determine the amount of the fund appropriate for such fiscal year. In making such determination, the commission shall consider the following:
(A) The amount required to provide appropriate compensation to marketers with respect to uncollectible accounts arising from commodity sales to firm retail customers; (B) The amount required to provide sufficient contributions in aid of construction to permit the electing distribution company to extend and expand its facilities from time to time as the commission deems to be in the public interest; and (C) The amount required to assist low-income persons subject to price increases.

1212_____GENERAL ACTS AND RESOLUTIONS, VOL. I_______
(2) Notwithstanding any other provisions ofthis Code section, the commission shall, pursuant to rules and regulations, administer and expend moneys in the fund primarily for the purpose provided in subparagraph (C) of paragraph (1) ofthis subsection for the 24 months immediately succeeding the effective date of this paragraph.*
SECTION 6. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 7. All laws and parts of laws in conflict with this Act are repealed.
Approved April 28, 2001.
OFFICIAL CODE OF GEORGIA ANNOTATED - REVISIONS TO AUTHORIZE STATUTORY OVERNIGHT DELIVERY IN LIEU OF REGISTERED OR CERTIFIED MAIL.
Code Titles 4, 10, 12, 33, 36, and 44 Amended.
No. 370 (Senate Bill No. 25).
AN ACT
To amend numerous provisions of the Official Code of Georgia Annotated so as to authorize delivery of notices previously required to be delivered by registered or certified mail to be provided by overnight or commercial delivery service; 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 4-11-9.4 of the Official Code of Georgia Annotated, relating to notifying the owner of an impounded animal, is amended by striking subsection (a) and inserting in its place a new subsection to read as follows:
'(a) It shall be the duty of any person impounding an animal under this article to notify the owner of such animal immediately upon impoundment. Such notice shall state the name and business address of the person impounding the animal, the name and address of the state or local government agency having custody of the animal, a description of the animal, the reason why the animal was impounded, and a statement of the time limits for the owner to respond and

_____________GEORGIA LAWS 2001 SESSION__________1213
request a hearing as provided in Code Section 4-11-9.5. The notice shall be provided by personal service or by registered mail, certified mail, or statutory overnight delivery sent to the last known address of the owner. Service of the notice which complies with subsection (b) of Code Section 9-11-5 shall in all cases be sufficient. If the owner of such animal is unknown or cannot be found, service of the notice on the owner shall be made by posting the notice in a conspicuous place at the location where the animal was impounded and by publishing a notice once in a newspaper of general circulation in the county where the animal was impounded.*
SECTION 2. Code Section 10-4-107.1 of the Official Code of Georgia Annotated, relating to tobacco contracts, is amended by striking paragraph (2) of subsection (c) and inserting in its place a new paragraph to read as follows:
'(2) Notice of cancellation under this subsection shall be given to the tobacco company at the place of business as set forth in the tobacco contract by certified mail or statutory overnight delivery, return receipt requested, which shall be posted not later than 12:00 Midnight on the third business day following execution of the tobacco contract.'
SECTIONS. Code Section 12-5-550 of the Official Code of Georgia Annotated, relating to repayment penalty, notice of violation, and failure to respond to notice, is amended by striking the introductory language of subsection (b) and inserting in its place new introductory language to read as follows:
"(b) Within 30 days after discovery that a permittee violated an agreement entered into pursuant to Code Section 12-5-546 or an order issued by the director in accordance with Code Section 12-5-547, the director shall send via certified mail or statutory overnight delivery a notice of violation to the permittee stating:*
SECTION 4. Code Section 33-58-5 ofthe Official Code of Georgia Annotated, relating to failure to comply with notice requirements, is amended by striking said Code section and inserting in its place a new Code section to read as follows:
"33-58-5. The failure of a charitable organization to comply with the notice requirements imposed under Code Section 33-58-3 or Code Section 33-58-4 does not prevent a charitable gift annuity that otherwise meets the requirements of this chapter from constituting a qualified charitable gift annuity. The Commissioner may enforce performance ofthe requirements of Code Section 33-58-3 or Code Section 33-58-4 by sending a letter by certified mail, or statutory overnight delivery, return receipt requested, demanding that the charitable organization comply with the requirements of such Code sections. The Commissioner may fine the charitable organization in an amount not to exceed $1,000.00 per

1214_____GENERAL ACTS AND RESOLUTIONS, VOL. I________
qualified charitable gift annuity agreement issued until such time as the charitable organization complies with such Code sections.*
SECTION 5. Code Section 36-74-12 of the Official Code of Georgia Annotated, relating to notices from code enforcement boards, is amended by striking subsection (a) and paragraph (3) of subsection (b) and inserting in their respective places the following:
'(a) All notices required by this chapter shall be provided to the alleged violator by certified mail or statutory overnight delivery, 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."
"(3) Notice by publication or posting may run concurrently with, or may follow, an attempt or attempts to provide notice by hand delivery, mail, or statutory overnight delivery as required under subsection (a) of this Code section. Evidence that an attempt has been made to deliver notice by hand, mail, or statutory overnight delivery as provided in subsection (a) of this Code section, together with proof of publication or posting as provided in this subsection, 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."
SECTION 6. Code Section 44-14-162.2 of the Official Code of Georgia Annotated, relating to sales made on foreclosure under power of sale, is amended by striking said Code section and inserting in its place a new Code section to read as follows:
'44-14-162.2. (a) Notice of the initiation of proceedings to exercise a power of sale in a mortgage, security deed, or other lien contract shall be given to the debtor by the secured creditor no later than 15 days before the date ofthe proposed foreclosure. Such notice shall be in writing and shall be sent by registered or certified mail or statutory overnight delivery, return receipt requested, to the property address or to such other address as the debtor may designate by written notice to the secured creditor. The notice required by this Code section shall be deemed given on the official postmark day or day on which it is received for delivery by a commercial delivery firm. (b) The notice required by subsection (a) of this Code section shall be given by mailing or delivering to the debtor a copy of the published legal advertisement or a copy of the notice of sale submitted to the publisher."
SECTION 7. This Act shall become effective on July 1, 2001, and shall apply with respect to notices delivered on or after that effective date.

_____________GEORGIA LAWS 2001 SESSION__________1215
SECTION 8. All laws and parts of laws in conflict with this Act are repealed.
Approved April 28, 2001.
HIGHWAYS, BRIDGES, AND FERRIES - DEVELOPMENTAL HIGHWAY SYSTEM; NAMING OF ROADS BY STATE AGENCIES.
Code Section 32-4-22 Amended.
No. 372 (Senate Bill No. 40).
AN ACT
To amend Code Section 32-4-22 of the Official Code of Georgia Annotated, relating to creation of the Developmental Highway System, so as to change the description of road corridors included within such system; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Code Section 32-4-22 of the Official Code of Georgia Annotated, relating to creation of the Developmental Highway System, is amended by striking subsection (a) and inserting in lieu thereof the following:
"(a) There is created as a part of the state highway system a system of public roads to be known as the Developmental Highway System which shall consist of the following road corridors (not in order of priority):
(1) Appalachian; (2) The South Georgia Parkway; (3) U.S. 27; (4) U.S. 82; (5) Golden Isles; (6) Savannah River; (7) U.S. 441; (8) Fall Line; (9) U.S. 319; (10) U.S. 19; (11) U.S. 84; (12) U.S. 1/SR17; (13) SR72;

1216______GENERAL ACTS AND RESOLUTIONS, VOL. I_______
(14) Northern Arc further identified as the North Georgia Connector between the U.S. Highway 411 and U.S. Highway 41 interchange in Bartow County to State Highway 316 in Gwinnert County; (15) East-west Highway from 1-59 North to 1-85 North; (16) Truck access routes, including without limitation:
(A) SR 133 from Albany to Valdosta; (B) SR 40 from Folkston to St. Marys; and (C) SR 125 from Fitzgerald to 1-75; (17) SR32; (18) Power Alley, U.S. 280 from Columbus to Savannah; and (19) SR 125 from its intersection with SR 107 in Ben Hill County (Fitzgerald Bypass) to its intersection with SR 32 in Irwin County. Without limiting the foregoing, said system is further identified as including those roads and corridors referred to as 'the Governor's Road Improvement Program' in that resolution adopted by the State Transportation Board dated November 17, 1988.'
SECTION 2. No state agency shall name or rename any state road, bridge, interchange, or any part of a road in honor of, or with the name of, any person unless such action is approved by a joint resolution or Act of the General Assembly which is approved by the Governor or becomes law without such approval. This Code section shall not apply to a political subdivision of the state naming any road which is under the jurisdiction of such political subdivision.
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.
Approved April 28, 2001.
FOOD, DRUGS, AND COSMETICS - FOOD SERVICE ESTABLISHMENTS.
Code Section 26-2-370 Amended.
No. 373 (Senate Bill No. 84).
AN ACT
To amend Article 13 of Chapter 2 of Title 26 of the Official Code of Georgia Annotated, relating to food service establishments, so as to change the definition of "food service establishment"; to exempt certain activities, functions, and events; to repeal conflicting laws; and for other purposes.

____________GEORGIA LAWS 2001 SESSION__________1217
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: .
SECTION 1. Article 13 of Chapter 2 of Title 26 of the Official Code of Georgia Annotated, relating to food service establishments, is amended by striking Code Section 26-2-370, relating to definitions, 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 shall not include any outdoor recreation activity sponsored by the state, a county, a municipality, or any department or entity thereof, any outdoor public school function, or any outdoor private school function. 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 (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 2. All laws and parts of laws in conflict with this Act are repealed.
Approved April 28, 2001.

1218_____GENERAL ACTS AND RESOLUTIONS, VOL. I_______
REVENUE AND TAXATION - AD VALOREM TAXATION; EXEMPTION FOR TANGIBLE PERSONAL PROPERTY NOT EXCEEDING $7,500.00 TOTAL; REFERENDUM.
Code Section 48-5-42.1 Amended.
No. 374 (Senate Bill No. 150).
AN ACT
To amend Code Section 48-5-42.1 of the Official Code of Georgia Annotated, relating to a personal property tax exemption for certain property, so as to increase the amount of such exemption; to provide for an effective date and applicability; to provide for a referendum; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Code Section 48-5-42.1 of the Official Code of Georgia Annotated, relating to a personal property tax exemption for certain property, is amended by striking in its entirety subsection (b) and inserting in lieu thereof the following:
'(b) All tangible personal property of a taxpayer, except motor vehicles, trailers, and mobile homes, shall be exempt from all ad valorem taxation if the actual fair market value of the total amount of taxable tangible personal property owned by the taxpayer within the county, as determined by the board oftax assessors, does not exceed $7,500.00.'
SECTION 2. Unless prohibited by the federal Voting Rights Act of 1965, as amended, the Secretary of State shall call and conduct a referendum as provided in this section for the purpose of submitting this Act to the electors of the State of Georgia for approval or rejection. The Secretary of State shall conduct that election on the date of and in conjunction with the November, 2002, state-wide general election. The Secretary of State shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof in the official organ of each county in the state. The ballot shall have written or printed thereon the words:
"YES ( ) Shall the Act be approved which increases the total value of the exemption from the payment of ad valorem taxes on certain tangible
NO ( ) personal property owned by the taxpayer within the county from $500.00 total value to $7,500.00 total value?"
All persons desiring to vote for approval of the Act shall vote "Yes," and those persons desiring to vote for rejection of the Act shall vote "No." If more than one-half of the votes cast on such question are for approval of the Act, then

____________GEORGIA LAWS 2001 SESSION__________1219
Section 1 of this Act shall become effective on January 1, 2003, and shall be applicable to all taxable years beginning on or after that date. If Section 1 of this Act is not so approved or if the election is not conducted as provided in this section, Section 1 of this Act shall not become effective and this Act shall be automatically repealed on the first day of January immediately following that election date.
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.
Approved April 28, 2001.
LOCAL GOVERNMENT - AUTHENTICATION OF ORDINANCES; TRANSFER OF DEVELOPMENT RIGHTS; CODIFICATION OF ORDINANCES.
Code Section 24-7-22 Enacted. Code Sections 36-66A-1, 36-66A-2, and 36-80-19 Amended.
No. 375 (Senate Bill No. 239).
AN ACT
To amend Article 2 of Chapter 7 of Title 24 of the Official Code of Georgia Annotated, relating to authentication of writings, so as to provide for authentication of ordinances and resolutions of counties and municipal corporations; to amend Title 36 of the Official Code of Georgia Annotated, relating to local government, so as to change certain provisions regarding transfer of development rights; to define certain terms; to revise requirements for procedures relative to the creation of the transfer of development rights within or between political subdivisions; to specify when such transfers are effective; to authorize intergovernmental transfers; to change certain provisions regarding codification of local government ordinances; to change certain definitions; to provide for posting or furnishing of codified ordinances and resolutions; to authorize authentication of codified ordinances and resolutions; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Article 2 of Chapter 7 of Title 24 of the Official Code of Georgia Annotated, relating to authentication ofwritings, is amended by striking Code Section 24-7-22, which is currently reserved, and inserting a new Code section to read as follows:

1220_____GENERAL ACTS AND RESOLUTIONS, VOL. I________
'24-7-22.
When certified by a public officer, clerk, or keeper of the county or municipal records specified in Code Section 24-7-20 or 24-7-21 and in the absence of contrary evidence, judicial notice may be taken of a copy of any ordinance or resolution included within a general codification required by paragraph (1) of subsection (b) of Code Section 36-80-19 as representing an ordinance or resolution duly approved by the governing authority and currently in force as presented. Any such certified copy shall be self-authenticating and shall be admissible as prima-facie proof of any such ordinance or resolution before any court or administrative body."
SECTION 2. Title 36 of the Official Code of Georgia Annotated, relating to local government, is amended by striking Code Section 36-66A-1, relating to definitions relative to transfer of development rights, and inserting in lieu thereof the following:
36-66A-1.
As used in this chapter, the term: (1) 'Development rights' means the maximum development that would be allowed on the sending property under any general or specific plan and local zoning ordinance of a municipality or county in effect on the date the municipality or county adopts an ordinance pursuant to this chapter. Development rights may be calculated and allocated in accordance with factors including dwelling units, area, floor area, floor area ration, height limitations, traffic generation, or any other criteria that will quantify a value for the development rights in a manner that will carry out the objectives of this Code section. (2) 'Person' means any natural person, corporation, partnership, trust, foundation, nonprofit agency, or other legal entity. (3) 'Receiving area' means an area identified by an ordinance as an area authorized to receive development rights transferred from a sending area. (4) 'Receiving property' means a lot or parcel within which development rights are increased pursuant to a transfer of development rights. Receiving property shall be appropriate and suitable for development and shall be sufficient to accommodate the transferable development rights of the sending property without substantial adverse environmental, economic, or social impact to the receiving property or to neighboring property. (5) 'Sending area' means an area identified by an ordinance as an area from which development rights are authorized to be transferred to a receiving area. (6) 'Sending property1 means a lot or parcel with special characteristics, including farm land; woodland; desert land; mountain land; a flood plain; natural habitats; recreation areas or parkland, including golf course areas; or land that has unique aesthetic, architectural, or historic value that a municipality or county desires to protect from future development. (7) Transfer of development rights' means the process by which development rights from a sending property are affixed to one or more receiving properties."

_____________GEORGIA LAWS 2001 SESSION__________1221
SECTION 3. Said title is further amended by striking in its entirety Code Section 36-66A-2, relating to procedures, methods, and standards for the transfer of development rights, and inserting in lieu thereof the following:
"36-66A-2.
(a) Pursuant to the provisions of this Code section, the governing body of any municipality or county by ordinance may, in order to conserve and promote the public health, safety, and general welfare, establish procedures, methods, and standards for the transfer of development rights within its jurisdiction.
(b)(l) Any proposed transfer of development rights shall be subject to the approval and consent of the property owners of both the sending and receiving property and shall be subject to a separate vote of approval or disapproval by the local governing authority. (2) Notwithstanding the provisions of paragraph (1) of this subsection, an ordinance enacted by the governing authority of a consolidated government may, but is not required to, provide that any proposed transfer of development rights shall be subject to a separate vote of approval or disapproval by the governing authority. (c) Prior to any transfer of development rights, a municipality or county shall adopt an ordinance providing for: (1) The issuance and recordation of the instruments necessary to sever development rights from the sending property and to affix development rights to the receiving property. These instruments shall be executed by the affected property owners and lienholders; (2) The preservation of the character of the sending property and assurance that the prohibitions against the use and development of the sending property shall bind the landowner and every successor in interest to the landowner; (3) The severance of transferable development rights from the sending property and the delayed transfer of development rights to a receiving property; (4) The purchase, sale, exchange, or other conveyance of transferable development rights prior to the rights being affixed to a receiving property; (5) A system for monitoring the severance, ownership, assignment,"and transfer of transferable development rights; (6) The right of a municipality or county to purchase development rights and to hold them for conservation purposes or resale; (7) The right of a person to purchase development rights and to hold them for conservation purposes or resale; (8) Development rights made transferable pursuant to this Code section shall be interests in real property and shall be considered as such for purposes of conveyancing and taxation. Once a deed of transferable development rights created pursuant to this Code section has been sold, conveyed, or otherwise transferred by the owner of the parcel from which the development rights were derived, the transfer of development rights shall vest in the grantee and become freely alienable. For the purposes of ad valorem real property taxation, the value of a transferable development right shall be deemed appurtenant to the

1222______GENERAL ACTS AND RESOLUTIONS, VOL. I_________
sending property until the transferable development right is registered as a distinct interest in real property with the appropriate tax assessor or the transferable development right is used at a receiving property and becomes appurtenant thereto; (9) A map or other description of areas designated as sending and receiving areas for the transfer of development rights between properties; and (10) Such other provisions as the municipality or county deems necessary to aid in the implementation of the provisions of this chapter. (d)(l) Prior to the enactment of an ordinance as provided in subsection (c) of this Code section and prior to any action to approve or disapprove a proposed transfer required by paragraph (1) of subsection (b) of this Code section, the local governing authority shall provide for a hearing on the proposed ordinance or transfer. At least 15 but not more than 45 days prior to the date of the hearing, the local governing authority shall cause to be published in a newspaper of general circulation within the territorial boundaries of the political subdivision a notice of the hearing. The notice shall state the time, place, and purpose of the hearing. Any proposed transfer of development rights requiring approval or disapproval of the local governing authority shall be subject to any signage requirements required by law for rezonings. (2) Prior to any changes in an area designated in an ordinance as a sending or receiving area, the local governing authority shall provide for notice and a hearing as provided in paragraph (1) of this subsection. (e) Proposed transfers of development rights shall become effective upon the recording of the conveyance with the appropriate deed-recording authorities and the filing of a certified copy of such recording with the local governing authority of each political subdivision in which a sending or receiving area is located in whole or in part. (f) Municipalities and counties which are jointly affected by development are authorized to enter in to intergovernmental agreements for the purpose of enacting interdependent ordinances providing for the transfer of development rights between or among such jurisdictions, provided that such agreements otherwise comply with applicable laws. Any ordinances enacted pursuant-to this subsection may provide for additional notice and hearing and signage requirements applicable to properties within the sending and receiving areas in each participating political subdivision.*
SECTION 4. Said title is further amended by striking paragraph (1) of subsection (a) and by striking subsection (d) of Code Section 36-80-19, relating to codification of local government ordinances, and inserting in their place the following:
"(1) 'Local governing authority' means the governing authority of each municipality and county in this state." '(d) Each such general codification shall be: (1) Made available by posting such codification on the Internet; or

____________GEORGIA LAWS 2001 SESSION__________1223
(2) Furnished promptly as a copy to the State Law Library which shall be the official state repository for such general codifications; and (3) In counties which have established a county law library, furnished as a copy to the county law library."
SECTION 5. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 6. All laws and parts of laws in conflict with this Act are repealed.
Approved April 28, 2001.
APPEAL AND ERROR - APPEALS TO SUPERIOR COURT OR STATE COURT; MONETARY LIMITATIONS.
Code Section 5-3-30 Amended.
No. 376 (Senate Bill No. 269).
AN ACT
To amend Code Section 5-3-30 of the Official Code of Georgia Annotated, relating to calendaring appeals in the superior or state courts and jury trials therein, so as to eliminate the magistrate court monetary jurisdictional limit; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Code Section 5-3-30 of the Official Code of Georgia Annotated, relating to calendaring appeals in the superior or state courts and jury trials therein, is amended by designating the existing Code section as subsection (a) and adding subsection (b) to read as follows:
'(b) Upon filing an appeal pursuant to subsection (a) of this Code section, the monetary limitations provided for in paragraph (5) of Code Section 15-10-2 shall no longer apply to any verdict and judgment entered by the superior or state court."

1224______GENERAL ACTS AND RESOLUTIONS, VOL. I
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.
Approved April 28, 2001.
REVENUE AND TAXATION - INTERNAL REVENUE CODE; DEFINITIONS.
Code Section 48-1-2 Amended.
No. 377 (House Bill No. 61).
AN ACT
To amend Chapter 1 ofTitle 48 ofthe Official Code ofGeorgia Annotated, relating to general provisions of the "Georgia Public Revenue Code," so as to revise provisions relating to Georgia taxes; to define the terms "Internal Revenue Code" and "Internal Revenue Code of 1986" and thereby to incorporate provisions of federal law into Georgia law; to provide that terms used in the Georgia law shall have the same meaning as when used in a comparable provision or context in federal law; to provide for other matters relative 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 (14) 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, 2001. 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 1,2001, the term means the Internal Revenue Code or the Internal Revenue Code of 1954 as it existed on the prior date. Unless otherwise provided in this title, any term used in this title shall have the same meaning as when used in a comparable provision or context in the Internal Revenue Code of 1986."
SECTION 2. This Act shall become effective on its approval by the Governor or upon its becoming law without such approval and shall be applicable to all taxable years

____________GEORGIA LAWS 2001 SESSION__________1225
beginning on or after January 1,2001. Provisions of the Internal Revenue Code of 1986 which were as of January 1,2001, enacted into law but not yet effective shall become effective for purposes of Georgia taxation on the same dates upon which they become effective for federal tax purposes.
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.
Approved April 28, 2001.
STATE GOVERNMENT - WATER POLLUTION CONTROL PROJECT LOANS.
Code Sections 50-10-5, 50-23-2, and 50-23-5 Amended.
No. 378 (House Bill No. 71).
AN ACT
To amend Title 50 of the Official Code of Georgia Annotated, relating to state government, so as to authorize loans from certain funds granted to the state by the administrator of the federal Environmental Protection Agency for purposes of financing water pollution control projects; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Title 50 of the Official Code of Georgia Annotated, relating to state government, is amended by striking paragraph (1) of subsection (a) of Code Section 50-10-5, relating to powers and duties of the Georgia Development Authority, and inserting in lieu thereof the following:
"(a)(l) In addition to, and not in limitation of, the powers granted in this chapter, the Georgia Development Authority shall have and may exercise the power and authority to:
(A) Guarantee or insure loans made for rural rehabilitation purposes or for agricultural and industrial development, provided that, with respect to any such guarantee or contract of insurance made by the authority involving an asset provided to the authority under Public Law 499, Eighty-first Congress, Second Session, the authority shall maintain a reserve or insurance fund out of such assets in an amount not less than 15 percent of the contingent liability existing by reason of any such contracts of insurance or guarantee. The reserve or insurance fund of the authority may be invested; and

1226_____GENERAL ACTS AND RESOLUTIONS, VOL. I________
(B) Borrow money from funds granted to the state by the administrator of the federal Environmental Protection Agency pursuant to 33 U.S.C.A. Section 1381, et seq., and administered by the Georgia Environmental Facilities Authority pursuant to paragraph (30) of subsection (b) of Code Section 50-23-5 and to use the same to make loans to finance eligible water pollution control projects which are designed to mitigate pollution from agricultural operations. The borrowing of such moneys and administration of such loans made by the Georgia Development Authority shall be in accordance with federal requirements."
SECTION 2. Said title is further amended by striking subsections (b) and (c) of Code Section 50-23-2, relating to legislative intent and assumption of rights, duties, and assets of the Georgia Development Authority, and inserting in lieu thereof the following:
"(b) It is the purpose and intent of this article to provide an instrumentality to assist in constructing, extending, rehabilitating, repairing, and renewing environmental facilities and to assist in the financing of such needs by providing grants, loans, bonds, and other assistance to local governments and instrumentalities of the state. (c) The authority shall receive all assets of the Georgia Development Authority held immediately prior to the creation of the Georgia Environmental Facilities Authority except those assets received under the provisions of Public Law 499, Eighty-first Congress, Second Session, or funds or assets derived from such funds or assets. The authority shall be responsible for any contracts, leases, agreements, or other obligations entered into regarding the environmental facilities projects of the Georgia Development Authority prior to the creation of the Georgia Environmental Facilities Authority and the Georgia Environmental Facilities Authority is substituted as party to any such contract, agreement, lease, or other obligation and shall be responsible for performance thereon as if it had been the original party and shall be entitled to all benefits and rights of enforcement by any other parties to such contracts, agreements, leases, or other obligations."
SECTION 3. Said title is further amended by striking subsection (a) and paragraph (30) of subsection (b) of Code Section 50-23-5, relating to the purpose, powers, and duties of the Georgia Environmental Facilities Authority, and inserting in lieu thereof the following:
"(a) The corporate purpose and the general nature of the business of the Georgia Environmental Facilities Authority shall be assistance in constructing, extending, rehabilitating, repairing, replacing, and renewing environmental facilities necessary for public purposes and commercial, residential, and industrial development purposes or necessary or incidental to such purposes by providing grants, loans, bonds, and other forms of financial and technical assistance to local

____________GEORGIA LAWS 2001 SESSION__________1227
governments and instrumentalities of the state to finance any project or pay the cost of any project."
'(30) To administer funds granted to the state by the administrator of the federal Environmental Protection Agency pursuant to Title VI of the Federal Water Pollution Control Act and Title XIV of the federal Safe Drinking Water Act, as now or hereafter amended, for the purpose of providing assistance to municipal ities or counties or any combination thereof or to any public authority or, if authorized by law, any private agency, commission, or institution for construction of treatment works as that term is defined in Section 212 of the federal Clean Water Act of 1977, P.L. 95-217, which are publicly owned. The authority is further authorized to administer funds granted to the state by the administrator ofthe federal Environmental Protection Agency pursuant to Title XIV of the federal Safe Drinking Water Act, as now or hereafter amended, for the purpose of providing assistance to municipalities or counties or any combination thereof or any public or, if authorized by law, any private authority, agency, commission, or institution for the construction of public drinking water works as such term is defined in Section 1401 of the federal Safe Drinking Water Act Amendments of 1986, P.L. 99-339. The authority is further authorized to administer funds granted to the state by the administrator of the federal Environmental Protection Agency pursuant to 33 U.S.C.A. Section 1381, et seq., for the purpose of providing financial assistance for any eligible water pollution control project. The authority shall deposit any such funds received from the administrator of the federal Environmental Protection Agency into a separate water pollution control revolving fund or a drinking water revolving fund transferred to the authority from the Environmental Protection Division of the Department of Natural Resources or hereafter established. The forms and administration of such funds shall be established by the authority in accordance with federal requirements; and*
SECTION 4. All laws and parts of laws in conflict with this Act are repealed.
Approved April 28, 2001.

1228_____GENERAL ACTS AND RESOLUTIONS, VOL. I_______
INSURANCE - MOTOR VEHICLE; UNINSURED MOTORIST COVERAGE AMOUNTS; PROOF OF LIABILITY COVERAGE.
Code Sections 33-7-11 and 40-6-10 Amended.
No. 379 (House Bill No. 187).
AN ACT
To regulate motor vehicle insurance coverage and proof thereof; to amend Code Section 33-7-11 of the Official Code of Georgia Annotated, relating to uninsured motorist coverage under motor vehicle liability policies, so as to provide that minimum uninsured motorist coverages shall be equal to the limits of liability contained in the insured's automobile or motor vehicle liability policy; to provide for applicability and exceptions; to amend Code Section 40-6-10 of the Official Code of Georgia Annotated, relating to proof of insurance required, so as to change the dates until which a valid insurance card shall be sufficient proof of insurance; 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 uninsured motorist coverage under motor vehicle liability policies, is amended by striking paragraph (1) of subsection (a) in its entirety and inserting in lieu thereof a new paragraph (1) to read as follows:
'(a)(l) 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 owrier 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; or (B) Equal to 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 if those limits of liability exceed the limits of liability set forth in

____________GEORGIA LAWS 2001 SESSION__________1229
subparagraph (a)(l)(A) of this Code section. In any event, the insured may affirmatively choose uninsured motorist limits in an amount less than the limits of liability."
SECTION 2. Said Code Section is further amended by striking paragraph (3) thereof and inserting in its place the following:
"(3) The coverage required under paragraph (1) of this subsection shall not be applicable where any insured named in the policy shall reject the coverage in writing. 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. The amount of coverage need not be increased in a renewal policy from the amount shown on the declarations page for coverage existing prior to the effective date of this paragraph. The amount of coverage need not be increased from the amounts shown on the declarations page on renewal once coverage is issued."
SECTION 2A. Code Section 40-6-10 of the Official Code of Georgia Annotated, relating to proof of insurance required, is amended by striking paragraph (5) of subsection (a) in its entirety and inserting in lieu thereof a new paragraph (5) to read as follows:
*(5)(A) For puiposes of this Code section up to and including December 31, 2001, a valid insurance card shall be sufficient proof of insurance for any vehicle. (B) For purposes of this Code section on and after January 1, 2002, a valid insurance card shall be sufficient proof of insurance only for any vehicle covered under a commercial vehicle policy as defined in Code Section 40-5-71.
(C) For any vehicle covered under a policy of motor vehicle liability insurance that is not a commercial vehicle policy as defined in Code Section 40-5-71, the insurer shall issue a policy information identification card which shall contain at least the name of the insurer, policy number, policy issue or effective date, policy expiration date, name of the insured, and year, make, model, and vehicle identification number of each vehicle insured; provided, however, that on and after January 1, 2002, any such policy information identification card shall not be sufficient proof of insurance for any purposes of this Code section."
SECTION 3. Sections 1 and 2 of this Act shall only apply to policies issued or renewed on or after January 1,2002.

1230______GENERAL ACTS AND RESOLUTIONS. VOL. I
SECTION 4. All laws and parts of laws in conflict with this Act are repealed.
Approved April 28, 2001.
HEALTH - NURSING FACILITIES, NURSING HOMES, AND INTERMEDIATE CARE HOMES; CIVIL MONETARY PENALTIES.
Code Section 31 -2-6 Amended.
No. 380 (House Bill No. 264).
AN ACT
To amend Code Section 31 -2-6 of the Official Code of Georgia Annotated, relating to actions against applicants or licensees regulated under Chapters 7,13,22, and 23 of Title 31 and Chapter 5 of Title 49, so as to provide conditions under which certain monetary penalties may be imposed against nursing facilities, nursing homes, or intermediate care homes; to provide for the suspension of civil monetary penalties against such facilities under certain conditions; to provide that under certain conditions civil monetary penalties imposed shall relate back to the date on which such penalties were suspended; to provide that nothing contained in this Act shall be construed to require the state survey agency to act in violation of applicable federal law, regulations, and guidelines; 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 31 -2-6 of the Official Code of Georgia Annotated, relating to actions against applicants or licensees regulated under Chapters 7, 13, 22, and 23 of Title 31 and Chapter 5 of Title 49, is amended by striking subsection (d) in its entirety and inserting in lieu thereof a new subsection (d) to read as follows:
"(d)(l) With respect to any facility classified as a nursing facility, nursing home, or intermediate care home, the department may not take an action to fine or restrict the license of any such facility based on the same act, occurrence, or omission for which:
(A) The facility has received an intermediate sanction under the provisions of 42 U.S.C. Section 1396r(h)(2)(A), as amended, or 42 U.S.C. Section 1395i-3(h)(2)(B);or (B) Such facility has been served formal notice of intent to take such a sanction which the Department of Community Health based on

____________GEORGIA LAWS 2001 SESSION__________1231
administrative review or any other appropriate body based on administrative orjudicial review determines not to impose; provided, however, that nothing in this subsection shall prohibit the department from utilizing the provisions authorized under subsection (f) of this Code section. (2) When any civil monetary penalty is recommended and imposed against such facility, and the department does not resurvey the facility within 48 hours after the date by which all items on a plan of correction submitted by the facility are to be completed, the accrual of any resulting civil monetary penalties shall be suspended until the facility is resurveyed by the department. (3) If the department resurveys such facility beyond 48 hours after the final date for completion of all items on the plan of correction submitted by the facility, and the facility is not in substantial compliance with the applicable standards, any civil monetary penalties imposed shall relate back to the date on which such penalties were suspended. (4) Notwithstanding the provisions of paragraphs (2) and (3) of this subsection, nothing contained in said paragraphs (2) and (3) of this subsection shall be construed as requiring the state survey agency to act in violation of applicable federal law, regulations, and guidelines."
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.
Approved April 28, 2001.
STATE GOVERNMENT - GEORGIA ENVIRONMENTAL TRAINING AND EDUCATION AUTHORITY.
Code Title 50, Chapter 35 Enacted.
No. 381 (House Bill No. 375).
AN ACT
To amend Title 50 of the Official Code of Georgia Annotated, relating to state government, so as to create the Georgia Environmental Training and Education Authority; to provide a short title; to provide for membership; to provide for a director; to provide for purposes and powers; to provide for administrative matters; to provide for the authority to issue bonds; to provide for matters related to such bond issues; to provide for matters relative to the foregoing; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

1232______GENERAL ACTS AND RESOLUTIONS, VOL. I_________
SECTION 1. Title 50 of the Official Code of Georgia Annotated, relating to state government, is amended by inserting at the end thereof a new chapter to read as follows:
'CHAPTER 35
50-35-1. As used in this chapter, the term 'authority' means the Georgia Environmental Training and Education Authority created by this chapter.
50-35-2. There is created and established the Georgia Environmental Training and Education Authority.
50-35-3. (a) The authority shall be under the direction and supervision of a board of directors to be composed of seven members as follows:
(1) Two members appointed and removed by the Speaker of the House of Representatives, one of whom, at the time of his or her appointment, shall be the manager of a county water and sewer authority and one of whom shall be the mayor of a municipal corporation which provides water and waste-water services; (2) Two members appointed and removed by the President of the Senate, one of whom, at the time of his or her appointment, shall be the manager of a city or county water system and one of whom, at the time of his or her appointment, shall be a municipal employee responsible for the provision of water and waste-water services; (3) The executive director and the deputy director of the Georgia Soil and Water Conservation Commission; and (4) The executive director of the Georgia Environmental Facilities Authority. (b) Members of the authority shall not be entitled to compensation for the duties they perform as members of the institute. Each member shall, however, be entitled to reimbursement for travel and other necessary expenses incurred in the performance of official duties.
50-35-4. There may be a director of the authority who shall be appointed and removed by the board of directors. The board of directors shall set the salary of the director.
50-35-5. The purposes for which the authority is founded shall be to enhance and expand the state's ability to provide basic and advanced training and education and, where applicable, to certify persons in the following areas without replacing any existing mechanisms for accomplishing this training:
(1) Proficiency in the treatment and testing of drinking water;

____________GEORGIA LAWS 2001 SESSION__________1233
(2) Proficiency in the treatment and testing of waste water; (3) Proficiency as a laboratory analyst for purposes of the treatment of drinking water and waste water; (4) Proficiency in meeting Georgia's National Pollutant Discharge Elimination System permit requirement; (5) Proficiency in designing, implementing, and inspecting for best management practices to meet Georgia s requirements under Chapter 7 of Title 16, the 'Erosion and Sedimentation Act of 1975'; and (6) Proficiency in technology necessary to assist public and private entities in complying with the provisions of Article 2 of Chapter 5 of Title 12, the 'Georgia Water Quality Control Act,' and Part 5 of Article 3 of such chapter, the 'Georgia Safe Drinking Water Act.'
50-35-6.
(a) In furtherance of its purposes, the authority shall have the following powers: (1) To have a seal and alter the same at its pleasure; (2) To make and execute contracts, lease agreements, and all other instruments necessary or convenient to exercise the powers of the authority or to further the public purposes for which it was created; (3) To apply for and to accept any gifts, bequests, or grants or loan guarantees or loans of funds or property or financial or other aid in any form from the federal government or any agency or instrumentality thereof or from the state or any agency or instrumentality thereof or from any other source for any or all of the purposes specified in this chapter and to comply, subject to the provisions of this chapter, with the terms and conditions thereof; (4) To contract with state agencies or any local government for the use by the authority of any property, facilities, or services of the state or any such state agency or local government; (5) To contract with state agencies, any local government, or any private entity for the provision of the services for which the authority was created; and (6) To do all things necessary or convenient to carry out the powers conferred by this chapter.
(b) The director shall have the following powers and duties: (1) To maintain such offices within the state as the director and institute may deem necessary; (2) To appoint assistants, clerks, and other employees as the director may deem necessary and to fix their compensation; (3) To cooperate with individuals and with state, local, and other agencies, both public and private, and to obtain upon request and utilize the services of all governmental departments and agencies; (4) To accept gifts, bequests, grants, or other public or private payments on behalf of the state and to pay such moneys into the state treasury; and (5) To oversee training and education in furtherance of the purposes of this chapter.

1234______GENERAL ACTS AND RESOLUTIONS, VOL. I________
50-35-7.
(a) The authority shall keep suitable and proper books and records of all receipts, income, and expenditures of every kind. (b) The authority shall be assigned to the Department of Natural Resources for administrative purposes only pursuant to Code Section 50-4-3. The authority shall each year submit to the Department of Natural Resources and the members of the Department of Natural Resources Board a complete financial disclosure. (c) The authority shall transfer to the general fund of the state treasury any funds of the authority determined by the authority to be in excess of those needed for the corporate purposes of the authority.
50-35-8.
(a) The authority shall have the power and is authorized from time to time to issue bonds, in such principal amounts as it may determine to be necessary to pay all or a portion of the cost of any project or environmental facilities and to provide amounts necessary for any corporate purposes, including incidental expenses in connection with the issuance of the bonds. (b) In addition, the authority shall have the power and is authorized to issue bonds in such principal amounts as the authority deems appropriate, such bonds to be primarily secured by a pool of obligations issued by local governments when the proceeds of the local government obligations are applied to local environmental facility projects. (c) The authority shall have the power from time to time 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 corporate purpose. (d) Bonds issued by the authority may be general or limited obligations payable solely out of particular revenues or other moneys of the authority as may be designated in the proceedings of the authority under which the bonds shall be authorized to be issued, subject to any agreements entered into between the authority and state agencies, local government, or private parties and subject to any agreements with the holders of outstanding bonds pledging any particular revenues or moneys.
(e)(l) The authority is authorized to obtain from any department, agency, or corporation of the Un ited States of America or governmental insurer, including the state, any insurance or guaranty, to the extent now or hereafter available, as to or for the payment or repayment of interest or principal, or both, or any part thereof on any bonds or notes issued by the authority or on any obligations of federal, state, or local governments purchased or held by the authority; and to enter into any agreement or contract with respect to any such insurance or guaranty, except to the extent that the same would in any way impair or interfere with the ability of the authority to perform and fulfill the terms of any agreement made with the holders of the bonds or notes of the authority. (2) Bonds issued by the authority shall be authorized by resolution of the authority, be in such denominations, bear such date or dates, and mature at

__________GEORGIA LAWS 2001 SESSION__________1235
such time or times as the authority determines to be appropriate, except that bonds and any renewal thereof shall mature within 25 years of the date of their original issuance. Such bonds shall be subject to such terms of redemption, bear interest at such rate or rates payable at such times, be in such form, either coupon or registered, as to principal or interest or both principal and interest, carry such registration privileges, be executed in such manner, be payable in such medium of payment at such place or places, and be subject to such terms and conditions as such resolution of the authority may provide. Bonds may be sold at public or private sale for such price or prices as the authority shall determine. (3) Any resolution or resolutions authorizing bonds or any issue of bonds may contain provisions which may be a part of the contract with the holders of the bonds thereby authorized as to:
(A) Pledging all or part of its revenues, together with any other moneys, securities, contracts, or property, to secure the payment ofthe bonds, subject to such agreements with bondholders as may then exist; (B) Setting aside of reserves and the creation of sinking funds and the regulation and disposition thereof; (C) Limiting the purpose to which the proceeds from the sale of bonds may be applied; (D) Limiting the right of the authority to restrict and regulate the use of any project or part thereof in connection with which bonds are issued; (E) Limiting the issuance of additional bonds, the terms upon which additional bonds may be issued and secured, and the refunding of outstanding or other bonds; (F) Setting the procedure, if any, by which the terms of any contract with bondholders may be amended or abrogated, including the proportion of bondholders which must consent thereto and the manner in which such consent may be given; (G) Creating special funds into which any revenues or other moneys may be deposited; (H) Setting the terms and provisions of any trust, deed, or indenture or other agreement under which the bonds may be issued; (I) Vesting in a trustee or trustees such properties, rights, powers, and duties in trust as the authority may determine, which may include any or all of the rights, powers, and duties of the trustee appointed by the bondholders pursuant to Code Section 50-10-11 and limiting or abrogating the rights of the bondholders to appoint a trustee under such Code section or limiting the rights, duties, and powers of such trustee; (J) Defining the acts or omissions to act which may constitute a default in the obligations and duties of the authority to the bondholders and providing for the rights and remedies of the bondholders in the event of such default, including as a matter of right the appointment of a receiver; provided, however, that such rights and remedies shall not be inconsistent with the general laws of the state and other provisions of this article;

1236_____GENERAL ACTS AND RESOLUTIONS, VOL. I_________
(K) Limiting the power of the authority to sell or otherwise dispose of any environmental facility or any part thereof or other property, including municipal bonds held by it; (L) Limiting the amount of revenues and other moneys to be expended for operating, administrative, or other expenses of the authority; (M) Providing for the payment of the proceeds of bonds, obligations, revenues, and other moneys to a trustee or other depository and for the method of disbursement thereof with such safeguards and restrictions as the authority may determine; and (N) Establishing any other matters of like or different character which in any way affect the security for the bonds or the rights and remedies of bondholders. (4) In addition to the powers conferred upon the authority to secure its bonds, the authority shall have power in connection with the issuance of bonds to enter into such agreements as the authority may deem necessary, consistent, or desirable concerning the use or disposition of its revenues or other moneys or property, including the mortgaging of any property and the entrusting, pledging, or creation of any other security interest in any such revenues, moneys, or property and the doing of any act, including refraining from doing any act, which the authority would have the right to do in the absence of such agreements. The authority shall have power to enter into amendments of any such agreements within the powers granted to the authority by this article and to perform such agreements. The provisions of any such agreements may be made a part of the contract with the holders of bonds of the authority. (5) Any pledge of or other security interest in revenues, moneys, accounts, contract rights, general intangibles, or other personal property made or created by the authority shall be valid, binding, and perfected from the time when such pledge is made or other security interest attaches without any physical delivery of the collateral or further act, and the lien of any such pledge or other security interest shall be valid, binding, and perfected against all parties having claims of any kind in tort, contract, or otherwise against the authority irrespective of whether or not such parties have notice thereof. No instrument by whiclrsuch a pledge or security interest is created nor any financing statement need be recorded or filed. (6) All bonds issued by the authority shall be executed in the name of the authority by the chairperson and secretary of the authority and shall be sealed with the official seal or a facsimile thereof. Coupons, if any, shall be executed in the name of the authority by the chairperson of the authority, the facsimile signature of the chairperson and the secretary of the authority may be imprinted in lieu of the manual signature if the authority so directs; and the facsimile of the chairperson's signature shall be used on coupons, if such are attached. Bonds and interest coupons appurtenant thereto bearing the manual or facsimile signature of a person in office at the time such signature was signed or imprinted shall be fully valid, notwithstanding the fact that before or after delivery thereof such person ceased to hold such office.

__________GEORGIA LAWS 2001 SESSION__________1237
(7) Prior to the preparation ofdefinitive bonds, the authority may issue interim receipts, interim certificates, or temporary bonds exchangeable for definitive bonds upon the issuance of the latter; the authority may provide for the replacement of any bond which shall become mutilated or be destroyed or lost. (8) All bonds issued by the authority under this article may be executed, confirmed, and validated under and in accordance with Article 3 ofChapter 82 of Title 36, except as otherwise provided in this article. (9) The venue for all bond validation proceedings pursuant to this article shall be Fulton County and the Superior Court ofFulton County shall have exclusive final court jurisdiction over such proceedings. (10) Bonds issued by the authority shall have a certificate ofvalidation bearing the facsimile signature of the clerk of the Superior Court of Fulton County and shall state the date on which said bonds were validated; and such entry shall be original evidence of the fact ofjudgment and shall be received as original evidence in any court of this state. (11) Whether or not the bonds of the authority are of such form and character as to be negotiable instruments, the bonds are made negotiable instruments within the meaning of and for all the purposes of Georgia law subject only to the provisions of the bonds for registration. (12) Neither the members of the authority nor any person executing bonds shall be liable personally thereon or be subject to any personal liability or accountability solely by reason of the issuance thereof. (13) The authority, subject to such agreements with bondholders as then may exist, shall have power out of any moneys available therefor to purchase bonds of the authority, which shall thereupon be canceled, at a price not in excess of the following:
(A) If the bonds are then redeemable, the redemption price then applicable plus accrued interest to the next interest payment date; or (B) If the bonds are not then redeemable, the redemption price applicable on the first date after such purchase upon which the bonds become subject to redemption plus accrued interest to the next interest payment date. (14) 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 the Attorney General, the notice to the public of the time, place, and date of the validation hearing, and the petition and complaint for validation may state that the bonds when issued will bear interest at a rate not exceeding a maximum per annum rate of interest, which rate may be fixed or may fluctuate or otherwise change from time to time, specified in such notices and petition and complaint or may state that, in the event the bonds are to bear different rates of interest for different maturity dates, none of such rates will exceed the maximum rate, which rate may be fixed or may fluctuate or otherwise change from time to time, so specified; provided, however, that nothing in this Code section shall be construed as prohibiting or restricting the right of the authority to sell such bonds at a discount, even if in doing so the effective interest cost resulting

1238_____GENERAL ACTS AND RESOLUTIONS, VOL. I________
therefrom would exceed the maximum per annum interest rate specified in such notices and in the petition and complaint, (f) The authority shall not incur bonded indebtedness exceeding $1 million.
50-35-9. The bonds of the authority are made securities in which all public officials and bodies of the state and all municipalities, all insurance companies and associations, and other persons carrying on an insurance business, all banks, bankers, trust companies, savings banks, and savings associations, including savings and loan associations, investment companies and other persons carrying on a banking business, and administrators, guardians, executors, trustees, and other fiduciaries and all other persons whatsoever, who are now or may hereafter be authorized to invest in bonds or other obligations of the state, may properly and legally invest funds including capital in their control or belonging to them. The bonds are also made securities which may be deposited with and may be received by all public officers and bodies of this state and all municipalities for any purposes for which the deposit of bonds or other obligations of this state are now or hereafter may be authorized.
50-35-10. The State of Georgia does pledge to and agree with the holders of any bonds issued by the authority pursuant to this article that the state will not alter or limit the rights vested in the authority to fulfill the terms of any agreement made with or for the benefit of the holders of bonds or in any way impair the rights and remedies of bondholders until the bonds, together with the interest thereon, with interest on any unpaid installments of interest, and all costs and expenses in connection with any action or proceeding by or on behalf of such holders, are fully met and discharged or funds for the payment of such are fully provided. The authority is authorized to include this pledge and agreement of the state in any agreement with bondholders.
50-35-11. The provisions of this article shall be liberally construed to effect the purposes of this article. The offer, sale, or issuance of bonds, notes, or other obligations by the authority shall not be subject to regulation under Chapter 5 of Title 10, known as the 'Georgia Securities Act of 1973.' No notice, proceeding, or publication except those required in this article shall be necessary to the performance of any act authorized in this article; nor shall any such act be subject to referendum.
50-35-12. No bonds, notes, or other obligations of and no indebtedness incurred by the authority shall constitute an indebtedness or obligation or a pledge of the faith and credit of the State of Georgia or of its agencies; nor shall any act of the authority in any manner constitute or result in the creation of an indebtedness of

____________GEORGIA LAWS 2001 SESSION__________1239
the state or its agencies or a cause of action against the state or its agencies; provided, however, the state, to the extent permitted by its Constitution, may guarantee payment of such bonds, notes, or other obligations as guaranteed revenue debt.
50-35-13. It is found, determined, and declared that the creation of this authority and the carrying out of its corporate purposes is in all respects for the benefit of the people of the state and that the authority is an institution of purely public charity and will be performing an essential governmental function in the exercise of the power conferred upon it by this article. For such reasons the state covenants with the holders from time to time of the bonds, notes, and other obligations issued under this article 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 ofthe authority, their transfer, and the income therefrom shall at all times be exempt from taxation within the state. The tax exemption provided in this article shall not include any exemption from sales and use tax on property purchased by the authority or for use by the authority.*
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.
Approved April 28, 2001.

1240_____GENERAL ACTS AND RESOLUTIONS, VOL. I______
HEALTH - HEALTH CARE WORK FORCE POLICY ADVISORY COMMITTEE; RULES AND REGULATIONS; INDIGENT CARE
TRUST FUND; COMPOSITE STATE BOARD OF MEDICAL EXAMINERS; CRITICAL ACCESS HOSPITAL EMPLOYEES; MEDICAL ASSISTANCE; HEALTH CARE PILOT PROJECTS.
Code Titles 31, 43, 45, and 49 Amended.
No. 382 (House Bill No. 470).
AN ACT
To amend Chapter 5A of Title 31 of the Official Code of Georgia Annotated, relating to the Department of Community Health, so as to permit the department to appoint a health care work force policy advisory committee and to receive gifts and donations; to provide for rules; to amend Article 6 of Chapter 8 of Title 31 of the Official Code of Georgia Annotated, relating to the Indigent Care Trust Fund, so as to provide for transfers to and appropriations from the fund and return to and nonlapse ofmoneys in the fund; to amend Code Section 43-34-24.1 ofthe Official Code of Georgia Annotated, relating to investigators for the Composite State Board of Medical Examiners, so as to provide for staffing; 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 the inclusion in such plan of employees and dependents of critical access hospitals and the conditions relating thereto; to amend Article 7 of Chapter 4 of Title 49 of the Official Code of Georgia Annotated, relating to medical assistance, so as to require insurers to take certain actions and provide penalties; to authorize the department to establish certain health care pilot projects; to permit the department to receive interest payments; 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 5A of Title 31 of the Official Code of Georgia Annotated, relating to the Department of Community Health, is amended by striking "; and" from the end of paragraph (4) ofsubsection (f) ofCode Section 31-5A-4, relating to powers ofthat department; by striking the period at the end of paragraph (5) thereof and inserting a semicolon; and by adding immediately thereafter the following:
'(6) Is authorized to appoint a health care work force policy advisory committee to oversee and coordinate work force planning activities; and (7) Is authorized to solicit and accept donations, contributions, and gifts and receive, hold, and use grants, devises, and bequests of real, personal, and mixed property on behalf of the state to enable the department to carry out its functions and purposes."

____________GEORGIA LAWS 2001 SESSION__________1241
SECTION 2. Said chapter is further amended by striking subsection (d) ofCode Section 31 -5 A-5, relating to transfer of personnel to that department, and inserting in its place the following:
*(d) The department shall succeed to all rules, regulations, policies, procedures, and administrative orders of the predecessor agencies which were in effect on June 30, 1999, or scheduled to go into effect on or after July 1, 1999, and which relate to the functions transferred to the department by this chapter. 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. Rules of the department shall be adopted, promulgated, and implemented as provided in Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' except that only the Division of Health Planning shall be subject to the provisions of Code Section 31-6-21.1."
SECTION 3. Article 6 of Chapter 8 of Title 31 of the Official Code of Georgia Annotated, relating to the Indigent Care Trust Fund, is amended by striking Code Section 31-8-153.1, relating to transfers of money to that fund, and inserting in its place the following:
'31-8-153.1. After June 30, 1993, any hospital authority, county, municipality, or other state or local public or governmental entity is authorized to transfer moneys to the trust fund. Transfer of funds under the control of a hospital authority, county, municipality, or other state or local public or governmental entity shall be a valid public purpose for which those funds may be expended. The department is authorized to transfer to the trust fund moneys paid to the state by a health care facility as a monetary penalty for the violation of an agreement to provide a specified amount of clinical health services to indigent patients pursuant to a certificate of need held by such facility. Such transfers shall be irrevocable and shall be used only for the purposes contained in Code Section 31-8-154."
SECTION 4. Said article is further amended by striking subsection (c) of Code Section 31-8-156, relating to appropriations from the fund, and inserting in its place the following:
"(c) Funds appropriated to the department pursuant to this Code section shall be used to match federal funds or any other funds from a public source or charitable organization which are available for the purposes for which those trust funds have been appropriated."
SECTION 5. Said article is further amended by striking Code Section 31-8-157, relating to refunding contributions, and inserting in its place the following:

1242______GENERAL ACTS AND RESOLUTIONS, VOL. I_______
'31-8-157.
All contributions to the trust fund and interest earned thereon which have been appropriated but which:
(1) Were void because of having been appropriated in violation of Code Section 31-8-156; (2) Remain unexpended and not contractually obligated at the end of the fiscal year for which they were appropriated; or (3) Are determined by the department to be ineligible for anticipated federal matching funds or other matching funds from a public source or charitable organization shall be returned to the trust fund and shall not lapse but shall be refunded pro rata to the contributors thereof, except that penalties so transferred to the fund shall not be refunded. The Office of Planning and Budget shall determine the amount required to be refunded and the pro rata distribution thereof within 60 days following the end of each fiscal year or, when the department has made a determination pursuant to paragraph (3) ofthis Code section, within 60 days after that determination. The amount so determined shall be refunded by the director of the Office of Treasury and Fiscal Services within 60 days following that determination.*
SECTION 6. Code Section 43-34-24.1 of the Official Code of Georgia Annotated, relating to investigators for the Composite State Board of Medical Examiners, is amended by striking subsection (e) thereof and inserting in its place the following:
*(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. Notwithstanding the provisions ofCode Section 50-4-3 and with the concurrence ofthe board, the Department ofCommunity Health shall be authorized to employ and provide for the compensation of staff as is necessary to assist in carrying out the functions of the board. Staff so hired shall be subject to the rules and confidentiality requirements of the board and to the supervision of the executive director of the board."
SECTION 6.1. 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 adding after Code Section 45-18-7.6 a new Code section to read as follows:
'45-18-7.7.
The board is authorized to contract with any public or nonprofit critical access hospital that meets such requirements as the department may establish for the inclusion ofthe employees and dependents ofsuch critical access hospitals in any health plan established under this article. It shall be the duty of such critical access hospital to deduct from the salary or other remuneration or otherwise

____________GEORGIA LAWS 2001 SESSION__________1243
collect such payment from its qualified employees as may be required under the board's regulations. In addition, it shall be the duty of such critical access hospital to make the employer contributions required for the operation of such plan.'
SECTION 7. Article 7 of Chapter 4 of Title 49 of the Official Code of Georgia Annotated, relating to medical assistance, is amended by striking subsection (b) of Code Section 49-4-147.2, relating to the ineligibility of the Department of Community Health to obtain certain interest, and inserting in its place the following:
"(b) Notwithstanding the provisions of Code Section 7-4-12, 7-4-15, 7-4-16, or 13-6-13, or any other statute or judicial construction thereof authorizing interest, the department shall not be eligible to obtain nor be liable for interest on orders, judgments, liquidated amounts, or unliquidated amounts unless such interest is:
(1) Required by federal law or regulations; (2) Interest on penalties as required by Code Section 49-4-146.1; (3) Interest as required by Code Section 49-4-148; or (4) Incurred by a failure to pay the penalty which may be transferred to the Indigent Care Trust Fund under Code Section 31-8-153.1 within 30 days after the penalty is imposed, in which event interest shall be paid from the thirty-first day following such imposition at the same rate as interest on penalties under Code Section 49-4-146.1.'
SECTION 8. Said article is further amended by striking Code Section 49-4-148, relating to recovery of assistance from third parties, and inserting in its place the following:
"49-4-148.
(a) Should medical assistance be paid in behalf of a recipient of medical assistance on account of any sickness, injury, disease, or disability for which another person is legally liable, the Department of Community Health may seek reimbursement for such medical assistance from such other person. "The department shall be subrogated, but only to the extent of the reasonable value of the medical assistance paid and attributable to such sickness, injury, disease, or disability, to the rights of the recipient of medical assistance against the person so legally liable; the commissioner ofcommunity health may compromise, settle, and execute a release of any such claim or waive, expressly, any such claim, in whole or in part, for the convenience of the Department of Community Health. This Code section is cumulative of the remedies of the Department of Community Health which specifically include, but are not limited to, the use of hospital liens as provided in Code Sections 44-14-470 through 44-14-477; and further, the payment of medical assistance to a hospital provider shall in no way be construed to discharge the obligation of a third party to satisfy a hospital lien. (b) All insurers, as defined in Code Section 33-24-57.1, including but not limited to group health plans as defined in Section 607( 1) of the federal Employee

1244_____GENERAL ACTS AND RESOLUTIONS, VOL. 1_______
Retirement Security Act of 1974 and managed care entities as defined in Code Section 33-20A-3, which offer health benefit plans, as defined in Code Section 33-24-59.5, shall comply with this subsection. Those insurers shall:
(1) Cooperate with the department in determining whether a person who is a recipient of medical assistance may be covered under that insurer's health benefit plan and eligible to receive benefits thereunder for the medical services for which that medical assistance was provided; (2) Acceptthe department's authorization forthe provision ofmedical services on behalf of a recipient of medical assistance as the insurer's authorization for the provision of those services; and (3) Comply with the requirements of Code Section 33-24-59.5, regarding the timely payment of claims submitted by the department for medical services provided to a recipient of medical assistance and covered by the health benefit plan, subject to the payment to the department of interest as provided in that Code section for failure to comply. The requirements of paragraphs (2) and (3) of this subsection shall only apply to a health benefit plan which is issued, issued for delivery, delivered, or renewed on or after this subsection first becomes effective in 2001 .*
SECTION 9. Said article is further amended by striking Code Section 49-4-152, relating to research and demonstration projects, and inserting in its place the following:
'49-4-152. Subject to the availability of funds, the Department of Community Health is authorized to enter into agreements with and submit applications to departments and agencies of the government of the United States for purposes of accepting grants, receiving matching funds, and administering such grants and funds for research and demonstration projects pursuant to Titles XI, XVIII, XIX, or XXI of the federal Social Security Act of 1935, as amended, or any other provision of federal law, without regard to the factor of state wideness and such other factors as may be required to be waived by the terms of the federal grant. Notwithstanding any other provision of law and subject to the availability of funds, the department is authorized to establish pilot projects to provide health care coverage and access to essential health care services or benefits to the uninsured and underinsured, including but not limited to pharmacy assistance programs."
SECTION 10. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 11. All laws and parts of laws in conflict with this Act are repealed.
Approved April 28, 2001.

_____________GEORGIA LAWS 2001 SESSION__________1245
COMMERCE AND TRADE - FAIR BUSINESS PRACTICES; CAREER CONSULTING FIRMS; ADMINISTRATOR'S AUTHORITY.
Code Sections 10-1-392 and 10-1-397 Amended. Code Section 10-1-397.1 Enacted.
No. 383 (House Bill No. 701).
AN ACT
To amend Part 2 of Article 15 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, known as the "Fair Business Practices Act of 1975," so as to change the definition of a career consulting firm; to clarify the administrator's authority to issue orders; to allow the administrator to take certain action in federal courts and administrative 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. Part 2 of Article 15 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, known as the "Fair Business Practices Act of 1975," is amended by striking in its entirety paragraph (1.3) of subsection (a) of Code Section 10-1-392, relating to definitions, and inserting in its place a new paragraph (1.3) to read as follows:
"(1.3) 'Career consulting firm' means any person providing services to an individual in conjunction with a career search and consulting program for the individual, including, but not limited to, counseling as to the individual's career potential, counseling as to interview techniques, and the identification of prospective employers. A 'career consulting firm' shall not guarantee actual job placement as one of its services. A 'career consulting firm' shall not include any person who provides these services without charging a fee to applicants for those services or any employment agent or agency regulated under Chapter 10 of Title 34.'
SECTION 2. Said part is further amended by striking subsection (a) of Code Section 10-1-397, relating to the administrator's authority, in its entirety and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) Whenever it may appear to the administrator that any person is using, has used, or is about to use any method, act, or practice declared by Code Section 10-1-393, 10-1-393.1, 10-1-393.2, 10-1-393.3, 10-1-393.4, 10-1-393.5, or 10-1-393.6 or by regulations made under Code Section 10-1-394 to be unlawful and that proceedings would be in the public interest, whether or not any person has actually been misled, he or she may:

1246_____GENERAL ACTS AND RESOLUTIONS, VOL. 1_______
(1) Subject to notice and opportunity for hearing in accordance with Code Section 10-1-398, unless the right to notice is waived by the person against whom the sanction is imposed, take any or all of the following actions:
(A) Issue a cease and desist order prohibiting any unfair or deceptive act or practice against any person; or (B) Issue an order against a person who willfully violates this part, imposing a civil penalty up to a maximum of $2,000.00 per violation; or (2) Without regard as to whether the administrator has issued any orders under this Code section, upon a showing by the administrator in any superior court of competent jurisdiction that a person has violated or is about to violate this part, a rule promulgated under this part, or an order of the administrator, the court may enter or grant any or all of the following relief: (A) A temporary restraining order or temporary or permanent injunction; (B) A civil penalty up to a maximum of$5,000.00 per violation ofthis part; (C) A declaratory judgment; (D) Restitution to any person or persons adversely affected by a defendant's actions in violation of this part; (E) The appointment of a receiver, auditor, or conservator for the defendant or the defendant's assets; or (F) Other relief as the court deems just and equitable."
SECTION 3. Said part is further amended by adding a new Code Section 10-1-397.1 to follow Code Section 10-1-397, relating to the administrator's authority, to read as follows:
'10-1-397.1. The administrator is authorized to initiate or intervene as a matter of right or otherwise appear in any federal court or administrative agency to implement the provisions of this article."
SECTION 4. This Act shall become effective on July 1, 2001.
SECTION 5. All laws and parts of laws in conflict with this Act are repealed.
Approved April 28, 2001.

_____________GEORGIA LAWS 2001 SESSION__________1247
EDUCATION - PROPERTIES OF PUBLIC SCHOOLS; LEASES.
Code Section 20-2-600 Amended.
No. 384 (House Bill No. 651).
AN ACT
To amend Code Section 20-2-600 of the Official Code of Georgia Annotated, relating to leases of public school property, so as to change the authorized maximum length of time for which public school property may be leased; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Code Section 20-2-600 ofthe Official Code ofGeorgia Annotated, relating to leases of public school property, is amended by striking the Code section in its entirety and inserting in lieu thereof a new Code Section 20-2-600 to read as follows:
'20-2-600. The various counties, cities, municipalities, county boards of education, city boards of education, and governing bodies of independent school districts or systems ofthis state shall have authority to lease any schoolhouse or other school property that it has determined is no longer needed for school purposes to any person, group of persons, or corporation, provided that the lease shall be for a period not longer than 50 years.*
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.
Approved April 28, 2001.
CRIMES AND OFFENSES - USE OF FORCE IN DEFENSE OF HABITATION OR RESIDENCE.
Code Sections 16-3-21 and 16-3-23 Amended.
No. 385 (Senate Bill No. 160).
AN ACT
To amend Article 2 of Chapter 3 of Title 16 of the Official Code of Georgia Annotated, relating to justification and excuse as defenses to criminal prosecution,

1248_____GENERAL ACTS AND RESOLUTIONS, VOL. I________
so as to change the provisions relating to the use of force in the defense of habitations or residences; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Article 2 of Chapter 3 of Title 16 of the Official Code of Georgia Annotated, relating to justification and excuse as defenses to criminal prosecution, is amended by striking subsection (a) of Code Section 16-3-21, relating to the use offeree in the defense of self or others, and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) A person is justified in threatening or using force against another when and to the extent that he or she reasonably believes that such threat or force is necessary to defend himself or herself or a third person against such other's imminent use of unlawful force; however, except as provided in Code Section 16-3-23, a person is justified in using force which is intended or likely to cause death or great bodily harm only if he or she reasonably believes that such force is necessary to prevent death or great bodily injury to himself or herself or a third person or to prevent the commission of a forcible felony."
SECTION 2. Said article is further amended by striking in its entirety Code Section 16-3-23, relating to use of force in defense of habitation, and inserting in lieu thereof a new Code Section 16-3-23 to read as follows:
'16-3-23.
A person is justified in threatening or using force against another when and to the extent that he or she reasonably believes that such threat or force is necessary to prevent or terminate such other's unlawful entry into or attack upon a habitation; however, such person is justified in the use offeree which is intended or likely to cause death or great bodily harm only if:
(1) The entry is made or attempted in a violent and tumultuous manner and he or she reasonably believes that the entry is attempted or made for the purpose of assaulting or offering personal violence to any person dwelling or being therein and that such force is necessary to prevent the assault or offer of personal violence; (2) That force is used against another person who is not a member of the family or household and who unlawfully and forcibly enters or has unlawfully and forcibly entered the residence and the person using such force knew or had reason to believe that an unlawful and forcible entry occurred; or (3) The person using such force reasonably believes that the entry is made or attempted for the purpose of committing a felony therein and that such force is necessary to prevent the commission of the felony.'

____________GEORGIA LAWS 2001 SESSION__________1249
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.
Approved April 28, 2001.
AGRICULTURE - PICK-YOUR-OWN AGRICULTURAL PRODUCTS; FARMER LIABILITY.
Code Title 2, Chapter 14, Article 7 Enacted.
No. 388 (House Bill No. 89).
AN ACT
To amend Chapter 14 of Title 2 of the Official Code of Georgia Annotated, relating to the sale of agricultural and forestry products, so as to provide limited liability for owners and operators of farms specializing in pick-your-own agricultural products under certain circumstances; to provide for legislative findings; to provide for definitions; to provide for warnings and notices; to provide for an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Chapter 14 of Title 2 of the Official Code of Georgia Annotated, relating to the sale of agricultural and forestry products, is amended by adding at the end thereof a new Article 7 to read as follows:
"ARTICLE 7
2-14-150. The General Assembly recognizes that persons who patronize farms specializing in pick-your-own agricultural products may incur injuries as a result of the risks involved in such activity. The General Assembly also finds that the state and its citizens derive numerous economic and personal benefits from such activity. The General Assembly finds, determines, and declares that this article is necessary for the immediate preservation of the public peace, health, and safety. It is, therefore, the intent of the General Assembly to encourage the direct sale of agricultural products from farmers to the general public by limiting the civil liability of farmers involved in such activity.
2-14-151. As used in this article, the term:

1250______GENERAL ACTS AND RESOLUTIONS, VOL. I________
(1) 'Agricultural products' means Christmas trees, fruits, vegetables, pecans, nuts, horticultural products, and other such fresh farm products that are made available to the general public through pick-your-own farm operations. (2) 'Participant' means any person who enters the farm location, singly or with a group, for the purpose of harvesting fresh farm products from pick-your-own farm operations.
2-14-152. (a) Except as provided in subsection (b) of this Code section, the owner or operator ofany farm specializing in pick-your-own agricultural products shall not be liable for an injury to or the death of a participant resulting from the inherent risks of harvesting agricultural products, and, except as provided in subsection (b) of this Code section, no participant or participant's representative shall make any claim against, maintain an action against, or recover from an owner or operator, or any other person or entity for injury, loss, damage, or death of the participant resulting from any of the inherent risks of harvesting agricultural products. (b) Nothing in subsection (a) of this Code section shall prevent or limit the liability of an owner or operator or any other person or entity if the owner or operator:
(1) Owns, leases, rents, or otherwise is in lawful possession and control of the land upon which the participant sustained injuries because of a dangerous latent condition which was known or should have been known to the owner or operator; (2) Commits an act or omission that constitutes willful or wanton disregard for the safety of the participant, and that act or omission caused the injury; or (3) Intentionally injures the participant. (c) Nothing in subsection (a) of this Code section shall prevent or limit the liability of an owner or operator under liability provisions as set forth in the product liability laws.
2-14-153. (a) Every owner and operator of a pick-your-own farm operation shall post and maintain white signs which contain the warning notice specified in subsection (b) of this Code section. Such signs shall be placed in a clearly visible location near the entrance of the farm. The warning notice specified in subsection (b) of this Code section shall appear on the sign in black letters, with each letter to be a minimum of one inch in height. Every written contract entered into by an owner or operator shall contain in clearly readable print the warning notice specified in subsection (b) of this Code section. (b) The signs and contracts described in subsection (a) of this Code section shall contain the following warning notice:
'Under Georgia law, an owner or operator of a pick-your-own farm location is not liable for an injury to or the death of a participant from the inherent risks

____________GEORGIA LAWS 2001 SESSION__________1251
of harvesting agricultural products, pursuant to Article 7 of Chapter 14 of Title 2 of the Official Code of Georgia Annotated.' (c) Failure to comply with the requirements concerning warning signs and notices provided in this Code section shall not prevent an owner or operator from invoking the privileges of immunity provided by this article."
SECTION 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.
Approved April 28, 2001.
HIGHWAYS, BRIDGES, AND FERRIES - STATE ROAD AND TOLLWAY AUTHORITY; GRANT ANTICIPATION REVENUE VEHICLES (GARVEE BONDS).
Code Titles 12, 32, 36, 40, 45, and 50 Amended.
No. 389 (Senate Bill No. 134).
AN ACT
To amend Title 32 of the Official Code of Georgia Annotated, the "Georgia Code of Public Transportation," so as to change provisions relating to the name, membership, powers, and operations ofthe State Tollway Authority; to provide that the new name of the authority shall be the State Road and Tollway Authority; to change provisions relating to use offederal funds and performance offederal duties by the Department of Transportation; to authorize construction of all or parts of the Developmental Highway System by the State Road and Tollway Authority; to authorize receipt of certain federal funds by the authority; to define and redefine certain terms relating to the authority; to provide for the scope of projects of the authority and the operations and financing of the authority; to authorize the authority to receive and administer certain federal assistance; to provide for the issuance of bonds by the authority and the repayment of such bonds from certain sources; to provide for related matters; to amend numerous provisions of the Official Code of Georgia Annotated so as to change certain references to the State Tollway Authority to reflect the new name of the authority; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

1252______GENERAL ACTS AND RESOLUTIONS, VOL. I________
PARTI SECTION 1-1.
Title 32 of the Official Code of Georgia Annotated, the "Georgia Code of Public Transportation," is amended by striking paragraphs (5) and (7) of subsection (a) of Code Section 32-2-2, relating to powers and duties of the Department of Transportation, and inserting in their respective places new paragraphs to read as follows:
'(5) The department shall have the authority to negotiate, let, and enter into contracts with the Georgia Highway Authority, the State Road and Tollway Authority, any person, any state agency, or any county or municipality of the state for the construction or maintenance of any public road or any other mode of transportation or for the benefit of or pertaining to the department or its employees in such manner and subject to such express limitations as may be provided by law;' *(7) The department and the State Road and Tollway Authority shall be the proper agencies ofthe state to discharge all duties imposed on the state by any act ofCongress allotting federal funds to be expended for public road and other transportation purposes in this state. The department shall have the authority to accept and use federal funds; to enter into any contracts or agreements with the United States or its agencies or subdivisions relating to the planning, financing, construction, improvement, operation, and maintenance of any public road or other mode or system of transportation; and to do all things necessary, proper, or expedient to achieve compliance with the provisions and requirements of all applicable federal-aid acts and programs. Nothing in this title is intended to conflict with any federal law; and, in case of such conflict, such portion as may be in conflict with such federal law is declared ofno effect to the extent of the conflict;"
SECTION 1-2. Said Title 32 is further amended by striking paragraph (1) ofsubsection (d) ofCode Section 32-2-61, relating to limitations on contracting powers ofthe Department of Transportation, and inserting in its place a new paragraph to read as follows:
'(d)(l) The department is prohibited from negotiating any contract for the construction or maintenance of a public road involving the expenditure of $50,000.00 or more except any contract:
(A) With counties, municipalities, and state agencies, provided that such negotiated contract shall be made at the average bid price of the same kind of work let to contract after advertisement during a period of 60 days prior to the making of the contract; (B) With a railroad company or utility concerning relocation of its tracks or facilities where the same are not then located on a public road and such relocation is necessary as an incident to the construction or improvement of a public road. However, nothing contained in this subsection shall be construed as requiring the department to furnish a site or right of way for

____________GEORGIA LAWS 2001 SESSION__________1253
railroad or railway lines or tracks or utility facilities required to be removed from a public road. Furthermore, this subsection shall not prevent the department from assisting in the removal and relocation of publicly owned utilities from locations on public roads as provided in Code Section 32-6-170; (C) For emergency construction or maintenance involving the expenditure of $50,000.00 or more when the public interest requires that the work be done without the delay of advertising for public bids; (D) For the procurement of business, professional, or other services from any person, firm, or corporation as an independent contractor; or (E) With the State Road and Tollway Authority.*
SECTION 1-3. Said Title 32 is further amended by striking subsection (c) ofCode Section 32-4-22, relating to the Developmental Highway System, and inserting in its place a new subsection to read as follows:
*(c) The Developmental Highway System shall be under the control and supervision of the board, subject to the provisions of this Code section or any other Act of the General Assembly; provided, however, that the State Road and Tollway Authority is authorized to construct all or any part of such system and to enter into agreements with the department, pursuant to Code Section 32-2-61, for such purpose. Any project the cost of which is paid from the proceeds of garvee bonds as defined in Code Section 32-10-90.1 shall be, pursuant to a contract or agreement between the authority and the department, planned, designed, and constructed by the Department of Transportation or a contractor contracting with the Department of Transportation."
SECTION 1-4. Said Title 32 is further amended by striking subsection (a) of Code Section 32-5-1, relating to receipt of federal funds, and inserting in its place a new subsection to read as follows:
"(a) The director of the Office of Treasury and Fiscal Services is designated a proper authority to receive any ofthe federal-aid funds apportioned by the federal government under 23 U.S.C. and to receive any other federal funds apportioned to the State of Georgia for public road and other public transportation purposes, unless designated otherwise by the federal government and except as such funds may be directed by the federal government to the State Road and Tollway Authority."
SECTION 1-5. Said Title 32 is further amended by striking Code Section 32-5-2, relating to appropriation of federal funds, and inserting in its place a new Code section to read as follows:

1254_____GENERAL ACTS AND RESOLUTIONS, VOL. I______
'32-5-2.
All federal funds received by the director of the Office of Treasury and Fiscal Services under Code Section 32-5-1 are continually appropriated to the department for the purpose specified in the grants of such funds except as such funds may be directed by the federal government to the State Road and Tollway Authority, provided that no federal funds or funds appropriated to the department shall be expended for procurement of rights of way for a road to be constructed on a county road system except as otherwise provided by law or by agreement between the federal government and the department.*
SECTION 1-6. Said Title 32 is further amended by striking paragraph (2) and paragraphs (5) through (8) ofCode Section 32-10-60, relating to definitions applicable to the State Tollway Authority, and inserting in their respective places new paragraphs to read as follows:
'(2) 'Authority' means the State Tollway Authority created by the 'State Tollway Authority Act,' Ga. L. 1953, Jan.-Feb. Sess., p. 302, as amended particularly by Ga. L. 1972, p. 179, and on and after the date of the year 2001 change of the authority's name also means the State Road and Tollway Authority.' '(5) 'Project' means land public transportation systems, including: (A) one or more roads or bridges or a system of roads, bridges, and tunnels or improvements thereto included on an approved state-wide transportation improvement program on the Developmental Highway System as set forth in Code Section 32-4-22, as now or hereafter amended, or a comprehensive transportation plan pursuant to Code Section 32-2-3 or which are toll access roads, bridges, or tunnels, with access limited or unlimited as determined by the authority, and such buildings, structures, parking areas, appurtenances, and facilities related thereto, including but not limited to approaches, cross streets, roads, bridges, tunnels, and avenues of access for such system; and (B) any program for mass transportation or mass transportation facilities as approved by the authority and the department and such buildings, structures, parking areas, appurtenances, and facilities related thereto, including, but not limited to, approaches, cross streets, roads, bridges, tunnels, and avenues of access for such facilities. (6) 'Relocation expenses' means all necessary relocation expenses, replacement housing expenses, relocation advisory services, expenses incident to the transfer of real property, and litigation expenses of any individual, family, business, farm operation, or nonprofit organization displaced by authority projects to the extent authorized by the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended by the Uniform Relocation Act Amendments of 1987, Title IV of Public Law 100-17. (6.1) 'Revenue' or 'revenues' shall mean any and all moneys received from the collection of tolls authorized by Code Sections 32-10-64 and 32-10-65, any

_____________GEORGIA LAWS 2001 SESSION__________1255
federal highway or transit funds and reimbursements, any other federal highway or transit assistance received from time to time by the authority, and any other moneys of the authority pledged for such purpose. (7) 'Revenue bonds,' 'revenue bond,' 'bonds,' or 'bond' means any bonds, notes, interim certificates, reimbursement anticipation notes, or other evidences of indebtedness of the authority authorized by Part 2 of this article, including without limitation obligations issued to refund any of the foregoing. (8) 'Self-liquidating' means that, in the judgment of the authority, the revenues and earnings to be derived by the authority from any project or combination of projects or from any other revenues available to the authority, together with any maintenance, repair, operational services, funds, rights of way, engineering services, and any other in-kind services to be received by the authority from appropriations of the General Assembly, the department, other state agencies or authorities, the United States government, or any county or municipality, shall be sufficient to provide for the maintenance, repair, and operation and to pay the principal and interest of revenue bonds which may be issued for the cost of such project, projects, or combination of projects."
SECTION 1-7. Said Title 32 is further amended by striking Code Section 32-10-61, relating to continuation of the State Tollway Authority, and inserting in its place a new Code section to read as follows:
'32-10-61.
The State Tollway Authority shall continue to be a body corporate and politic and an instrumentality and public corporation of the state known as the 'State Road and Tollway Authority.' It shall have perpetual existence. In said name it may contract and be contracted with, sue and be sued, implead and be impleaded, and complain and defend in all courts of this state, subject to the limitations of Code Section 32-10-110.'
SECTION 1-8.
Said Title 32 is further amended by striking subsection (a) of Code Section 32-10-62, relating to membership of the State Tollway Authority, and inserting in lieu thereof the following:
"(a) The members of the authority shall be ex officio the Governor, the commissioner of transportation, the director of the Office of Planning and Budget, one member to be appointed by the Lieutenant Governor and to serve during the term of office of the Lieutenant Governor and until a successor is duly appointed and qualified, and one member to be appointed by the Speaker of the House of Representatives and to serve during the term in office of the Speaker of the House of Representatives and until a successor is duly appointed and qualified; and membership shall be a separate and distinct duty for which they shall receive no additional compensation. All members of the authority shall be entitled to all actual expenses necessarily incurred while in the performance of duties on behalf of the authority. The authority shall elect one of its members as

1256_____GENERAL ACTS AND RESOLUTIONS, VOL. I_______
chairman. It shall also elect a secretary and a treasurer, who need not necessarily be members of the authority. The authority may make such bylaws for its government as is deemed necessary but it is under no duty to do so. A majority of the members of the authority shall constitute a quorum necessary for the transaction of business, and a majority vote of those present at any meeting at which there is a quorum shall be sufficient to do and perform any action permitted to the authority by this article.*
SECTION 1-9. Said Title 32 is further amended by striking paragraphs (7), (8), (13), and (14) of Code Section 32-10-63, relating to powers of the State Tollway Authority, and inserting in their respective places new paragraphs to describe powers of the State Road and Tollway Authority and to read as follows:
"(7) To accept and administer any federal highway or federal transit funds and any other federal highway or transit assistance received from time to time for the State of Georgia and to accept, with the approval of the Governor, loans and grants, either or both, of money or materials or property of any kind from the United States government or the State of Georgia or any political subdivision, authority, agency, or instrumentality of either of them, upon such terms and conditions as the United States government or the State of Georgia or such political subdivision, authority, agency, or instrumentality of either of them shall impose; (8) To borrow money for any of its corporate purposes, to issue negotiable revenue bonds payable from revenues of such projects, and to provide for the payment of the same and for the rights of the holders thereof;* '(13) To make reasonable regulations for the installation, construction, maintenance, repairs, renewal, and relocation ofpipes, mains, conduits, cables, wires, towers, poles, and other equipment and appliances of any public utility in, on, along, over, or under any project; (14) To pledge, mortgage, convey, assign, hypothecate, or otherwise encumber any property of the authority, including but not limited to real property, fixtures, personal property, intangible property, revenues, income, charges, fees, or other funds and to execute any lease, trust indenture, trust agreement, resolution, agreement for the sale of the authority's bonds, loan agreement, mortgage, deed to secure debt, trust deed, security agreement, assignment, or other agreement or instrument as may be necessary or desirable, in the judgment of the authority, to secure such bonds; and (15) To do all things necessary or convenient to carry out the powers expressly given in this article."
SECTION 1-10. Said Title 32 is further amended by striking subsection (a) of Code Section 32-10-64, relating to general toll powers of the State Tollway Authority, and inserting in lieu thereof the following:

____________GEORGIA LAWS 2001 SESSION__________1257
"(a) For the purpose of earning sufficient revenue to make possible, in conjunction with other funds available to the authority, the financing of the construction or acquisition of projects of the authority with revenue bonds, the authority is authorized and empowered to collect tolls on each and every project which it shall cause to be constructed or acquired. It is found, determined, and declared that the necessities of revenue bond financing are such that the authority's toll earnings on each project or projects, in conjunction with other funds available to the authority, must exceed the actual maintenance, repair, and normal reserve requirements of such projects, together with monthly or yearly sums needed for the sinking fund payments upon the principal and interest obligations of financing such project or projects; however, within the framework ofthese legitimate necessities ofthe authority and subject to all bond resolutions, trust indentures, and all other contractual obligations of the authority, the authority is charged with the duty of the operation of all projects in the aggregate at the most reasonable possible level of toll charges; and, furthermore, the authority is charged with the responsibility of a reasonable and equitable adjustment of such toll charges as between the various classes of users of any given project.'
SECTION 1-10.1. Said Title 32 is further amended by striking Code Section 32-10-69, relating to conveyance of property to the State Tollway Authority, and inserting in lieu thereof the following:
'32-10-69.
(a) The Governor is authorized and empowered to convey to the authority, on behalf of the state, any real property or interest therein or any rights of way owned by the state, including property or rights of way acquired in the name of the department or board, which is used at the time or may, upon completion of any action committed to the authority by this article, be used as a project. The consideration for such conveyance shall be determined by the Governor and expressed in the deed of conveyance; however, such consideration shall be nominal, the benefits flowing to the state and its citizens constituting full and adequate actual consideration, provided that in the event of the inability of the authority to issue or sell the revenue bonds required for financing the completion of any given project or projects, then, subject to the intervening rights of any innocent party, all rights, titles, and interests so conveyed shall forever revert to the department or agency from which it came. (b) The governing authority of any county or incorporated municipality of this state is authorized and empowered on behalf of such political subdivision to convey to the authority any real property or interest therein or any rights of way owned by such political subdivision, which is used at the time or may, upon completion of any action committed to the authority by this article, be used as a project if conveyed by a county or incorporated municipality. The consideration for such conveyance shall be determined by the governing authority of such political subdivision and expressed in the deed of conveyance. Such

1258_____GENERAL ACTS AND RESOLUTIONS, VOL. I_________
consideration, however, shall be nominal, the benefits flowing to the political subdivisions and its citizens constituting full and adequate actual consideration. However, nothing in this subsection shall prevent the authority from reimbursing a political subdivision, as authorized in Code Section 32-10-70. (c) The board or its successors and the department are empowered to acquire, in any manner now permitted to them by law, and to expend funds available to them for such acquisition, real property, interests therein, or rights of way which upon acquisition may be conveyed by the Governor as provided in this Code section to the authority."
SECTION 1-11. Said Title 32 is further amended by striking paragraphs (5) and (6) of Code Section 32-10-72, relating to the authority fund of the State Tollway Authority, and inserting in lieu thereof the following:
"(5) The most advantageous open market purchase of the authority's bonds that the authority may accomplish; (6) Investment in such securities and in such manner as it determines to be in its best interest; and (7) Subject to the terms of any resolution or trust indenture authorizing the issuance of revenue bonds, the transfer of funds to the department to be used by the department for department purposes."
SECTION 1-12. Said Title 32 is further amended by striking Code Section 32-10-90, relating to power of the State Tollway Authority to issue bonds, and inserting in its place a new Code section to read as follows:
"32-10-90.
The authority shall have the power and is authorized, at one time or from time to time, to provide by resolution for the issuance ofnegotiable revenue bonds ofthe authority for the purpose of paying all or any part of the cost, as defined in paragraph (4) of Code Section 32-10-60, of any one or a combination of projects. The principal and interest of such revenue bonds shall be payable from and may be secured by a pledge of tolls and other revenues of all or any part of the project financed in whole or in part with the proceeds of such issue or with the proceeds of bonds refunded or to be refunded by such issue or by a pledge of any other revenues of the authority that are legally available for such purpose. The bonds of each issue shall be dated, shall bear interest as provided for in Code Section 32-10-91, shall mature not later than 40 years from the date of issue, shall be payable in such media of payments as to both principal and interest as may be determined by the authority, and may be made redeemable before maturity, at the option of the authority, at such price or prices and under such terms and conditions as may be fixed by the authority in the resolution providing for the issuance of the bonds."

____________GEORGIA LAWS 2001 SESSION__________1259
SECTION 1-12.1. Said Title 32 is further amended by adding immediately after Code Section 32-10-90 a new Code Section 32-10-90.1 to read as follows:
'32-10-90.1.
(a) As used in this Code section, the term 'grant anticipation revenue vehicle' or 'garvee bond' means any bond issued by the authority which is an eligible debt financing instrument within the scope of 23 U.S.C. Section 122 or which is otherwise to be repaid or reimbursed in whole or in part, directly or indirectly, from federal funds. (b) With respect to garvee bonds and projects financed by garvee bonds, the provisions and limitations of this Code section shall control over any other conflicting provisions of this article, it being the intention of the General Assembly that grant anticipation revenue vehicles and projects funded thereby be fully subject to the terms expressed in this Code section. (c) For the purpose of issuance and use of the proceeds of garvee bonds the authority and the department shall give priority, as far as reasonably practicable in the judgment of the department, to the completion of those portions of the Developmental Highway System as set out in paragraphs (1) through (13) and paragraphs (15) and (16) of subsection (a) of Code Section 32-4-22 and such further paragraphs as may be added to such subsection from time to time, with due regard to the timely and economical completion of the portion set out in paragraph (14) thereof. (d) Any project the cost of which is paid from the proceeds of garvee bonds shall be, pursuant to a contract or agreement between the authority and the department, planned, designed, and constructed by the Department of Transportation or a contractor contracting with the Department of Transportation. (e) If during any state fiscal year the amount of federal reimbursement available to the State of Georgia under 23 U.S.C. Section 122 is or will be reduced below 90 percent of the amount available during Fiscal Year 2000-2001, the authority shall not thereafter issue any garvee bond. (f) If cost effective as determined by the authority, garvee bonds shall be insured.'
SECTION 1-13. Said Title 32 is further amended by striking Code Section 32-10-92, relating to the form of bonds of the State Tollway Authority, and inserting in lieu thereof the following:
'32-10-92.
Bonds issued by the authority shall be authorized by resolution of the authority, be in such denominations, bear such date or dates, and mature at such time or times within 40 years from the issuance thereof as the authority determines to be appropriate. Such bonds shall be subject to such terms of redemption, bear interest at such rate or rates payable at such times, be in registered form or book-entry form through a securities depository, or both, as to principal or interest or both principal and interest, carry such registration privileges, be

1260_____GENERAL ACTS AND RESOLUTIONS, VOL. I________
executed in such manner, be payable in such medium of payment at such place or places, and be subject to such terms and conditions as such resolution of the authority may provide; provided, however, in lieu of specifying the rate or rates of interest which the bonds to be issued by an authority are to bear, the resolution of the authority may provide 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 as specified in the resolution or may state that, in the event the bonds are to bear different rates of interest for different maturity dates, none of such rates will exceed the maximum rate, which rate may be fixed or may fluctuate or otherwise change from time to time, as specified. Bonds may be sold at public or private sale for such price or prices as the authority shall determine.'
SECTION 1-13.1. Said Title 32 is further amended by striking Code Section 32-10-93, relating to signing bonds, and inserting in lieu thereof the following:
'32-10-93.
All bonds issued by the authority shall be executed in the name of the authority by the chairperson and secretary of the authority and shall be sealed with the official seal of the authority or a facsimile thereof. The facsimile signatures of the chairperson and secretary of the authority may be imprinted thereon in lieu of the manual signatures of such officers if the authority so directs in the resolution authorizing such bonds or otherwise. In case any officer whose manual or facsimile signature shall appear on any bonds shall cease to be such officer before the delivery of such bonds, such signature shall nevertheless be valid and sufficient for all purposes the same as if he or she had remained in office until such delivery.'
SECTION 1-13.2. Said Title 32 is further amended by striking Code Section 32-10-99, relating to source of payment of bonds of the State Tollway Authority, and inserting in its place a new Code section to read as follows:
'32-10-99.
Revenue bonds issued under this article shall not be deemed to constitute a debt of the State of Georgia or a pledge of the faith and credit of the state, but such bonds shall be payable from the revenues and funds of the authority as provided for in the resolutions or trust indentures authorizing or securing such bond issues; and the issuance of such revenue bonds shall not directly, indirectly, or contingently obligate the state to levy or to pledge any form of taxation whatsoever therefor or to make any appropriation for the payment thereof; and all such bonds shall contain recitals on their face covering substantially the foregoing provisions of this Code section."

____________GEORGIA LAWS 2001 SESSION__________1261
SECTION 1-14. Said Title 32 is further amended by striking Code Section 32-10-108, relating to transfer of projects to state highway system free from tolls, and inserting in lieu thereof the following:
'32-10-108.
Upon payment if full of all bonds and the interest thereon and obligations of every nature whatsoever for the payment of which the revenues of any given project or projects have been pledged, in whole or in part, either originally or subsequently, either primarily or secondarily, directly or indirectly or otherwise, or upon the setting aside in trust, for the benefit of bondholders or other obligees, of a sufficient amount for the payment of all such bonds and other obligations and the interest thereon to the maturity thereof, such project or projects, if deemed by the department to be in a safe and satisfactory condition of repair and traffic capacity, may become part ofthe state highway system and thereafter shall be maintained by the department free of tolls. In the event such project or projects to be transferred are not in good condition, in the judgment of the department, the department shall be charged with the duty of immediately advising the authority in writing what will be necessary to accomplish such safe and satisfactory condition of repair and traffic capacity; and the authority thereafter shall apply sufficient revenue from such project or projects to the accomplishment of such safe condition of repair and traffic capacity; and, upon its accomplishment, such project or projects shall become toll free as provided in this Code section. Upon the fulfillment of all conditions necessary to the cessation of tolls upon any such project, the authority shall convey by deed all right, title, and interest in and to such project to the department for and in consideration of$ 1.00, which the treasurer ofthe department is authorized to pay from any department funds available to him for any department expenditure."
PART II SECTION 2-1.
Each ofthe following Code sections and parts ofCode sections ofthe Official Code of Georgia Annotated is amended by striking the term "State Tollway Authority" and inserting in its place the term "State Road and Tollway Authority":
(1) In six places in Code Section 12-7-7.1, relating to preparation and implementation of sediment control plans under the "Erosion and Sedimentation Act of 1975"; (2) In two places in paragraph (9) of subsection (a) of Code Section 12-7-17, relating to exemptions from the "Erosion and Sedimentation Act of 1975"; (3) In one place in Code Section 32-1-8, relating to prohibited construction or maintenance of private roads by public agencies; (4) In three places in subsection (a) of Code Section 32-2-75, relating to retainage under state road, highway, and bridge contracts; (5) In one place in Code Section 32-10-65-.1, relating to expiration of tolls established under article;

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(6) In one place in subsection (b) of Code Section 32-10-71, relating to acquisition, maintenance, and operation oftollway projects by the State Tollway Authority; (7) In one place in subsection (f) of Code Section 36-60-21, relating to local government contracts for toll roads and bridges; (8) In one place in paragraph (7) of subsection (a) of Code Section 40-16-2, relating to responsibilities of the Department of Motor Vehicle Safety; (9) In one place in Code Section 45-15-13, relating to representation of state authorities by Attorney General; (10) In one place in paragraph (9) of Code Section 50-17-21, relating to definitions of terms under the "Georgia State Financing and Investment Commission Act"; and (11) In one place in paragraph (2) of subsection (b) of Code Section 50-17-22, relating to the State Financing and Investment Commission.
PART III SECTION 3-1.
This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 3-2. All laws and parts of laws in conflict with this Act are repealed.
Approved April 30, 2001.

Acts and resolutions of the General Assembly of the State of Georgia 2001, volume 1

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