ACTS AND RESOLUTIONS OF THE
GENERAL ASSEMBLY
OF THE
STATE OF GEORGIA
2002
COMPILED AND PUBLISHED BY AUTHORITY OF THE STATE
Volume One Book Two

COMPILER'S NOTE
General Acts and Resolutions of the 2002 session of the General Assembly of Georgia will be found in Volume I beginning at page 1. Amendments to the Constitution of the State of Georgia proposed in the 2002 session will be found in Volume I beginning at page 1495. 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 October 15, 2001, and April 15, 2002, are printed in Volume II beginning at pages 5889 and 5901, respectively.
There are no numbered pages between page 1505, 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 and II have each been divided into two books due to 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 state auditor's report on funding of retirement bills; and the Governor's veto message are printed in Volume III. Indexes cover material in both Volumes I and II. The tabular indexes list matter by broad categories. The general index is a detailed alphabetical index by subject matter. When possible, general Acts have been indexed by reference to the titles of the Official Code of Georgia Annotated which they amend and the tabular index contains a list of Code sections which have been amended, enacted, or repealed.
Each Act and Resolution is preceded by a caption written by the compilers of the Georgia Laws solely to assist the reader in quickly determining the subject matter of the Act or Resolution. This caption includes the Act number assigned by the Governor and the House Bill or Senate Bill number which it was given when it was introduced in the General Assembly. The caption for each Resolution contains the Resolution Act number assigned by the Governor and the House Resolution or Senate Resolution number. These captions are not part of the Act or Resolution when they are enacted or adopted by the General Assembly. Each Act or Resolution which was signed by the Governor is followed by the approval date on which it was signed by the Governor.

GEORGIA LAWS 2002
TABLE OF CONTENTS
VOLUME ONE
Acts and Resolutions of General Application ........................ 1 Proposed Amendments to the Constitution ......................... 1495
VOLUME TWO
Acts and Resolutions of Local Application ........................... 3501 County and Consolidated Government Home Rule Actions .............. 5889 Municipal Home Rule Actions .................................... 5901 Town of Lithia Springs; court order and resolutions concerning dissolution ................................................... 5985 Town of Resthaven; court order and resolutions concerning dissolution .... 5991
VOLUME THREE
Acts by Numbers-Page References ..................................... I Bills and Resolutions-Act Number References ......................... VII Appellate Courts-Personnel........................................ XV Superior Courts-Personnel and Calendars ............................ XVI Index-Tabular ................................................ XXXI Index-General ................................................ LXXV Population of Georgia Counties-Alphabetically ................. CLXXXVII Population of Georgia Counties-Numerically ....................... CXCIV Population ofMunicipalities-Alphabetically ........................ CXCIX Population of Municipalities-Numerically .......................... CCVI Population of Judicial Circuits ................................... CCXIII Georgia Senate Districts, Alphabetically by County ................. CCXVII Georgia Senators, Alphabetically by Name ......................... CCXX Georgia Senators, Numerically by District ....................... CCXXIV Georgia House Districts, Alphabetically by County ............... CCXXVIII Georgia Representatives, Alphabetically by Name ................. CCXXXI Georgia Representatives, Numerically by District .................... CLXL Status of Referendum Elections ................................. CCXLIX Vetoes by the Governor ..................................... CDXXXV State Auditor's Report on Funding of Retirement Bills .............. CDXLVII

____________GEORGIA LAWS 2002 SESSION__________797
GAME AND FISH - SHRIMP TRAWLING; EXCEPTION FOR CERTAIN BOATS.
Code Section 27-4-133 Amended.
No. 814 (House Bill No. 1699).
AN ACT
To amend Code Section 27-4-133 of the Official Code of Georgia Annotated, relating to lawful nets, opening and closing waters, and identification on boats taking shrimp, so as to provide that a certain limitation shall not apply to vessels having a draft of seven feet or less; 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, opening and closing waters, and identification on boats taking shrimp, is amended by striking in its entirety paragraph (1) of subsection (a) and inserting in lieu thereof the following:
"(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 provisions of this subsection shall not apply to vessels having a maximum draft of seven feet or less when fully loaded. The department is authorized to exempt trawls used by persons holding a valid scientific collection permit granted by the department."
SECTION 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.
Approved May 13, 2002.

798______GENERAL ACTS AND RESOLUTIONS, VOL. I________
EDUCATION - INDIVIDUALS WITH DISABILITIES EDUCATION ACT; HOME STUDY PROGRAM STUDENTS ELIGIBLE FOR SAME SPECIAL EDUCATION AND RELATED SERVICES AS PRIVATE SCHOOL STUDENTS.
Code Section 20-2-159 Enacted.
No. 819 (House Bill No. 1590).
AN ACT
To amend Part 3 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to educational programs for quality basic education, so as to provide that for the purposes of the Individuals with Disabilities Education Act, 20 U.S.C.A. Section 1400, et seq., students enrolled in home study programs shall be provided with the same special education and related services as students enrolled in private schools; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Part 3 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to educational programs for quality basic education, is amended by adding a new Code Section 20-2-159 to read as follows:
"20-2-159. For the purposes of the Individuals with Disabilities Education Act, 20 U.S.C.A. Section 1400, et seq., students enrolled in home study programs meeting the requirements of Code Section 20-2-690 shall be deemed to be private school students and shall be provided with the same special education and related services as students enrolled in private schools."
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.
Approved May 13, 2002.

____________GEORGIA LAWS 2002 SESSION__________799
COURTS - CLERKS OF SUPERIOR COURT; RECORDS REQUIRED TO BE MAINTAINED REVISED;
REQUIREMENTS FOR PARTICIPATION IN STATE-WIDE UNIFORM AUTOMATED INFORMATION SYSTEM REVISED; EXCEPTION FOR REFUND OF CERTAIN EXCESS COSTS OR FEES PAID; RECORDING OF DELINQUENT EMPLOYMENT SECURITY CONTRIBUTION LIENS.
Code Sections 15-6-61, 15-6-77, 34-8-167, and 44-2-2- Amended.
No. 820 (House Bill No. 1582).
AN ACT
To revise provisions of law relating to the recording of records by clerks of superior court; to amend Article 2 of Chapter 6 of Title 15 of the Official Code of Georgia Annotated, relating to clerks of superior court, so as to change provisions relating to types of records required to be maintained; to change provisions relating to participation in the state-wide uniform automated information system; to provide that clerks shall not be required to refund certain excess sums tendered to them; to amend Code Section 34-8-167 of the Official Code of Georgia Annotated, relating to collection of delinquent employment security contributions, so as to change provisions relating to recording of liens for such delinquent amounts; to amend Article 1 of Chapter 2 of Title 44 of the Official Code of Georgia Annotated, relating to recordation of deeds and other instruments, so as to change provisions relating to recording of such records by clerks; 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. Article 2 of Chapter 6 of Title 15 of the Official Code of Georgia Annotated, relating to clerks of superior court, is amended by striking paragraph (4) of subsection (a) of Code Section 15-6-61, relating to duties of clerks and their records, and inserting in its place a new paragraph to read as follows:
"(4) To keep in the clerk's office the following dockets or books: (A) An automated civil case management system which shall contain separate case number entries for all civil actions filed in the office of the clerk, including complaints, proceedings, Uniform Interstate Family Support Act actions, domestic relations, contempt actions, motions and modifications on closed civil actions, and all other actions civil in nature except adoptions; (B) An automated criminal case management system which shall contain a summary record of all criminal indictments in which true bills are rendered

800______GENERAL ACTS AND RESOLUTIONS, VOL. I_______
and all criminal accusations filed in the office of the clerk of superior court. The criminal case management system shall contain entries of other matters of a criminal nature filed with the clerk, including quasi-civil proceedings and entries of cases which are ordered dead docketed at the discretion of the presiding judge and which shall be called only at the judge's pleasure. When a case is thus dead docketed, all witnesses who may have been subpoenaed therein shall be released from further attendance until resubpoenaed; and (C) A docket, file, series of files, book or series of books, microfilm records, or electronic data base for recording all deeds, liens, executions, lis pendens, maps and plats, and all other documents concerning or evidencing title to real or personal property. When any other law of this state refers to a general execution docket, lis pendens docket, or attachment docket, such other law shall be deemed to refer to the docket or other record or records provided for in this subparagraph;"
SECTION 2. Said Article 2 ofChapter 6 ofTitle 15 is further amended by striking paragraph (15) of subsection (a) of said Code Section 15-6-61 and inserting in its place a new paragraph to read as follows:
"(15) To participate in the state-wide uniform automated information system for real and personal property records, as provided for by Code Sections 15-6-97 and 15-6-98, and any network established by the Georgia Superior Court Clerks' Cooperative Authority relating to the transmission and retrieval of electronic information concerning real estate and personal property data for any such information systems established by such authority so as to provide for public access to real estate and personal property information, including liens filed pursuant to Code Section 44-2-2 and maps and plats. Each clerk of the superior court shall provide to the authority or its designated agent in accordance with the rules and regulations of the authority such real estate information concerning or evidencing title to real property and such personal property information or access to such information which is of record in the office of clerk of the superior court and which is necessary to establish and maintain the information system, including information filed pursuant to Code Section 44-2-2 and maps and plats. Each clerk of the superior court shall provide and transmit real estate and personal property information filed in the office of the clerk of superior court, including information required by Code Section 44-2-2 and maps and plats, to the authority for testing and operation of the information system at such times and in such form as prescribed by the authority;"
SECTION 3. Said Article 2 of Chapter 6 of Title 15 is further amended by adding at the end of Code Section 15-6-77, relating to clerks' fees, a new subsection (n) to reads as follows:

____________GEORGIA LAWS 2002 SESSION__________801
"(n) The clerk of superior court shall not be required to refund excess sums tendered to the clerk as payment of costs or fees enumerated in this Code section when such payment exceeds the amount required by this Code section by less than $15.00."
SECTION 4. Code Section 34-8-167 of the Official Code of Georgia Annotated, relating to collection of delinquent employment security contributions, is amended by striking subsections (c) and (d) and inserting in their place the following:
"(c) Nothing contained in this Code section shall prevent the Commissioner from having the execution or writ of fieri facias entered upon the general execution docket prior to the time the execution is turned over to a levying officer designated by the Commissioner for collection. The Commissioner may file the execution with the clerk of the superior court of the employer's residence, place of business, or the county in which the employer may own property. It shall then be the duty ofthe clerk ofthe superior court ofthe county in which the execution is filed to enter the execution upon the lien records of the superior court of said county, with the execution being recorded in the same manner and form as prescribed by the general laws of the State of Georgia relating to executions issued by a superior court of this state and processed and transmitted electronically for inclusion in the state-wide uniform automated information system for real and personal property records, as provided in Code Section 15-6-97.
(d) The amount of any contributions not paid when due, including any interest, penalties, and costs, shall constitute a lien upon all property and rights to property and upon all after-acquired property and rights to property, both real and personal, of the employer liable for such contributions. The lien shall attach and be perfected as of the date such contributions become due and shall have parity with other tax liens and be prior, superior, and paramount to all other liens or encumbrances attaching to any of such property; provided, however, the lien shall not be preserved against purchasers, judgment creditors, pledgees, subsequent tax liens, or other liens or encumbrances until an execution for such contributions has been entered on the general execution docket. When the execution has been issued and docketed as required in subsection (c) ofthis Code Section, the lien shall be a perfected lien upon all property and rights to property of the employer, both real and personal, in each county of this state."
SECTION 5. Article 1 of Chapter 2 of Title 44 of the Official Code of Georgia Annotated, relating to recordation of deeds and other instruments, is amended by striking Code Section 44-2-2, relating to dockets that clerks of superior court are required to keep for filing deeds, mortgages, and liens of all kinds, and inserting in its place the following:

802______GENERAL ACTS AND RESOLUTIONS, VOL. I_______
"44-2-2. (a)(l) The clerk of the superior court shall file, index on a computer program designed for such purpose, and permanently record, in the manner provided constructively in Code Sections 15-6-61 and 15-6-66, the following instruments conveying, transferring, encumbering, or affecting real estate and personal property: (A) Deeds; (B) Mortgages; (C) Liens of all kinds except hospital liens; and (D) Maps or plats relating to real estate in the county. (2) For the purpose of this subsection, 'liens' shall be defined as provided in Code Sections 15-19-14,44-14-320, and 44-14-602 and shall include all liens provided by state or federal statute. (3) When indexing liens, the clerk shall enter the names of debtors in the index in the manner provided for names of grantors conveying real estate in subsection (b) of Code Section 15-6-66 and the names of creditors or claimants in the manner as provided therein for names of grantees making such conveyances. (4) When indexing maps or plats relating to real estate in the county, the clerk of superior court shall index the names or titles provided in the caption of the plat, as required by paragraph (2) of subsection (b) of Code Section 15-6-67, as both the grantor and grantee.
(b) Deeds, mortgages, and liens of all kinds which are required by law to be recorded in the office of the clerk of the superior court and which are against the interests of third parties who have acquired a transfer or lien binding the same property and who are acting in good faith and without notice shall take effect only from the time they are filed for record in the clerk's office. (c) Nothing in this Code section shall be construed to affect the validity or force ofany deed, mortgage, judgment, or lien ofany kind between the parties thereto."
SECTION 6. This Act shall become effective on January 1, 2004.
SECTION 7. All laws and parts of laws in conflict with this Act are repealed.
Approved May 13, 2002.

____________GEORGIA LAWS 2002 SESSION________803
COURTS - STATE COURTS; MONETARY LIMIT FOR A JURY OF 12.
Code Section 15-12-122 Amended.
No. 821 (House Bill No. 1575).
AN ACT
To amend Code Section 15-12-122 of the Official Code of Georgia Annotated, relating to demand ofjury panels from which to select a jury in civil actions in the state courts and the superior courts, so as to change the monetary limit for a jury of 12 in state courts; 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 15-12-122 of the Official Code of Georgia Annotated, relating to demand ofjury panels from which to select a jury in civil actions in the state courts and the superior courts, is amended by striking paragraph (2) of subsection (a) and inserting in lieu thereof the following:
"(2) In all civil actions in the state courts in which the claim for damages is greater than $25,000.00, either party may demand in writing prior to the commencement of the trial term that the case be tried by a jury of 12. If such a demand is made, the judge shall follow the procedures for superior courts of subsection (b) of this Code section."
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.
Approved May 13, 2002.

804______GENERAL ACTS AND RESOLUTIONS, VOL. I_______
REVENUE AND TAXATION - SALES AND USE TAXES; EXEMPTION FOR URBAN TRANSIT SYSTEMS.
Code Section 48-8-3 Amended.
No. 823 (House Bill No. 1025).
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 change certain provisions regarding the exemption with respect to urban transit systems; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to exemptions from state sales and use tax, is amended by striking paragraph (5) and inserting in its place a new paragraph (5) to read as follows:
"(5)(A) Fares and charges, except charges for charter and sightseeing service, collected by an urban transit system for the transportation of passengers. (B) As used in this paragraph, the term:
(i) 'Public transit system primarily urban in character' shall include a transit system operated by any entity which provides passenger transportation services by means of motor vehicles having passenger-carrying capacity within or between standard metropolitan areas and urban areas, as those terms are defined in Code Section 32-2-3, ofthis state. (ii) 'Urban transit system' means a public transit system primarily urban in character which is operated by a street railroad company or a motor common carrier, is subject to the jurisdiction of the Department of Motor Vehicle Safety, and whose fares and charges are regulated by the Department ofMotor Vehicle Safety, or is operated pursuant to a franchise contract with a municipality of this state so that its fares and charges are regulated by or are subject to the approval of the municipality. An urban transit system certificate shall be issued by the Department of Motor Vehicle Safety, or by the municipality which has regulatory authority, upon an affirmative showing that the applicant operates an urban transit system. The certificate shall be obtained and filed with the commissioner and shall continue in effect so long as the holder of such certificate qualifies as an urban transit system. Any urban transit system certificate granted by the Department of Motor Vehicle Safety prior to January 1, 2002, shall be deemed valid as of the date it was issued;".

__________GEORGIA LAWS 2002 SESSION__________805
SECTION 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.
Approved May 13, 2002.
GAME AND FISH - PROTECTION OF BLUE CRABS; POSSESSION OF CRABS.
Code Sections 27-4-150 and 27-4-151 Amended.
No. 824 (House Bill No. 1057).
AN ACT
To amend Part 2 of Article 4 of Chapter 4 of Title 27 of the Official Code of Georgia Annotated, relating to crabs, so as to provide for the permissible possession of crabs lawfully taken from the waters of another state; to require certain proof of the point of origin; to provide that it shall be unlawful to take or possess a female blue crab bearing visible eggs; to provide for automatic repeal; to authorize the commissioner of natural resources to close waters to fishing for crabs under certain circumstances; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Part 2 of Article 4 of Chapter 4 of Title 27 of the Official Code of Georgia Annotated, relating to crabs, is amended by striking in its entirety subsection (a) of Code Section 27-4-150, relating to taking, possessing, and dealing in crabs and peelers and required records, and inserting in lieu thereof the following:
"(a)(l) It shall be unlawful for any person to take or possess in this state any crab, other than a mature adult female crab, measuring less than five inches from spike to spike across the back; provided, however, that any person may take or possess peelers measuring at least three inches from spike to spike across the back. Any crabs taken or possessed in violation of this paragraph may not be intentionally killed and must be returned to the salt waters of this state as soon as possible; provided, however, nothing in this paragraph shall prohibit any person from importing, transporting, or possessing crabs when such person can provide documentary evidence showing that the crabs were

806______GENERAL ACTS AND RESOLUTIONS, VOL. I_______
taken outside this state in full compliance with the laws of the state of origin. He or she must have an executed invoice showing the point of origin of such crabs and exhibit such an invoice upon demand to any conservation ranger. (2) It shall be unlawful for any person to take or possess or offer for sale at any time any female blue crab bearing eggs visibly on its body, commonly known as sponge crabs, or any such female blue crab from which the egg pouch or bunion has been removed. It shall not be unlawful temporarily to take such sponge crabs incidental to lawful crabbing operations so long as the sponge crabs are returned immediately to the water free, alive, and unharmed. Nothing in this paragraph shall prohibit any person from importing, transporting, or possessing sponge crabs when such person can provide documentary evidence showing that the sponge crabs were taken outside this state in full compliance with the laws of the state of origin. He or she must have an executed invoice showing the point of origin of such sponge crabs and exhibit such an invoice upon demand to any conservation ranger. This paragraph shall be automatically repealed on July 1,2005, unless continued by the General Assembly following a report on the status ofthe blue crab resource and fishery."
SECTION 2. Said part is further amended by inserting at the end of Code Section 27-4-151, relating to the use of crab traps and identification of boats or vessels, a new subsection to read as follows:
"(j) The commissioner shall have the power to close all or any portion of the saltwaters of this state to commercial and recreational fishing for blue crabs or any component of the blue crab fishery, including peeler, soft, or sponge crabs, in the event of flood, drought, disease, or any other emergency situation or in the event of a disaster or other occurrence likely to cause seafood to be unfit for human consumption. Any determination to close the saltwaters pursuant to this subsection or to reopen such waters shall be made in accordance with current, sound principles of wildlife research and management as provided by Code Section 27-4-130."
SECTION 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 4. All laws and parts of laws in conflict with this Act are repealed.
Approved May 13, 2002.

____________GEORGIA LAWS 2002 SESSION__________807
GAME AND FISH - TRAINING OF HUNTING DOGS; USE OF PEN RAISED QUAIL FOR DOG TRAINING.
Code Sections 27-2-14, 27-3-16, 27-3-110, 27-3-112, and 27-3-114 Amended.
No. 825 (House Bill No. 1058).
AN ACT
To amend Title 27 of the Official Code of Georgia Annotated, relating to game and fish, so as to provide for the release of quail for purposes of dog training; to provide for the use of a shotgun with ammunition for dog training; to provide for the use of pen raised quail for dog training; to provide that it shall be unlawful to hunt pen raised game birds on a hunting preserve during certain times; to provide that it shall be lawful to hunt pen raised game birds with a nonresident shooting preserve license; to provide that it shall be lawful to hunt pen raised game birds without a hunting license on a shooting preserve possessing a shooting preserve license; 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, relating to game and fish, is amended by striking in its entirety Code Section 27-2-14, relating to the liberation of wildlife and domestic fish, and inserting in lieu thereof the following:
"27-2-14. It shall be unlawful for any person to liberate any wildlife within this state or to liberate domestic fish except into private ponds except under permit from the department; provided, however, that pen raised quail may be released for purposes of training pointing, flushing, and retrieving dogs."
SECTION 2. Said title is further amended by striking in their entirety subsections (a) and (d) of Code Section 27-3-16, relating to hunting with dogs generally and the training of dogs, and inserting in lieu thereof, respectively, the following:
"(a) It shall be unlawful for any person to have in his or her possession any firearms, axes, climbers, or other equipment for taking game while training hunting dogs, provided that handguns with blank ammunition or shot cartridges may be used for training hunting dogs, and shotguns with number six shot or smaller shot may be used while training pointing, flushing, and retrieving dogs using pen raised quail and pigeons." "(d) It shall be unlawful to take game by any means while training hunting dogs, except during the lawful open seasons for such game; provided, however, that

808______GENERAL ACTS AND RESOLUTIONS, VOL. I________
pen raised quail may be taken at any time for training hunting dogs if the dog trainer maintains proof of purchase of pen raised quail."
SECTION 3. Said title is further amended by striking in its entirety subsection (a) of Code Section 27-3-110, relating to shooting preserve license requirements, effective dates, contents of application, and conditions for issuance, and inserting in lieu thereof the following:
"(a) It shall be unlawful for any person to release pen raised game birds, except as provided in Code Section 27-2-14, unless the person has first obtained a commercial, blanket commercial, or private shooting preserve license as provided in Code Section 27-2-23. Such license shall be effective from April 1 through March 31 of the following year."
SECTION 4. Said title is further amended by striking in its entirety Code Section 27-3-112, relating to legal hunting dates and hours and bag limits, and inserting in lieu thereof the following:
"27-3-112. It shall be unlawful to hunt pen raised game birds on a shooting preserve except between October 1 and March 31 ofthe following year, and except from one-half hour before sunrise to sunset. It shall also be unlawful to exceed the daily or season bag limits prescribed by law or regulation for any game bird or game animal, provided that there shall be no bag limits for pen raised birds. It shall also be unlawful to hunt on a shooting preserve any game bird or game animal except during the open season for such bird or animal as prescribed by law or regulation; provided, however, that it shall be lawful to hunt bobwhite quail between October 1 and March 31 of the following year; provided, further, that it shall be lawful to hunt any other pen raised game bird between October 1 and March 31 of the following year when prior approval has been obtained from the department."
SECTION 5. Said title is further amended by striking in its entirety Code Section 27-3-114, relating to laws, regulations, and hunting license requirements applicable to shooting preserves, and inserting in lieu thereof the following:
"27-3-114. Except as otherwise specifically provided, all wildlife laws and regulations shall be in full force and effect on shooting preserves licensed pursuant to this article. Specifically, hunting licenses shall be required of all persons hunting on such preserves; provided, however, that it shall be lawful for any nonresident to hunt pen raised game birds on such a preserve with a nonresident shooting preserve hunting license as provided in Code Section 27-2-23; provided, further, that it shall be lawful for any person to hunt pen raised game birds without a hunting

____________GEORGIA LAWS 2002 SESSION__________809
license on a shooting preserve which possesses a valid blanket shooting preserve license as provided in Code Section 27-2-23."
SECTION 6. All laws and parts of laws in conflict with this Act are repealed.
Approved May 13, 2002.
GAME AND FISH - MAXIMUM LEGAL SIZE OF RED DRUM.
Code Section 27-4-130.1 Amended.
No. 826 (House Bill No. 1059).
AN ACT
To amend Code Section 27-4-130.1 of the Official Code of Georgia Annotated, relating to open seasons, creel and possession limits, and minimum size limits for certain finfish species, so as to provide for a maximum legal size of red drum; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Code Section 27-4-130.1 of the Official Code of Georgia Annotated, relating to open seasons, creel and possession limits, and minimum size limits for certain finfish species, is amended by striking in its entirety subsection (b) 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 one's possession or take from the salt waters of this state any red drum in excess of 23 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:

810

GENERAL ACTS AND RESOLUTIONS, VOL. I

Species

Maximum Open Season

Maximum Daily
Creel and Possession
Limit

Range of Minimum
Sizes

( 1 ) Spanish mackerel Mar. 16 -Nov. 30 40

10 - 1 8 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

(5) Gag grouper

All year

20

12 -36 inches

(6) Amberjack

Mar. 16 -Dec. 31 10

20 -50 inches

(7) Black sea bass All year

35

8 - 15 inches

(8) Bluefish

Mar. 16 -Nov. 30 25

12 - 20 inches

(9) Sheepshead

All year

50

8 - 16 inches

(10) Reserved

(11) Reserved

(12) Reserved

(13) Tarpon

Mar. 16 -Nov. 30 5

65 - 90 inches

(14) Atlantic sturgeon Jan. 1 - June 30

5

24 - 86 inches

(15) Red drum

All year

25

14 inches

(16) Dolphin

All year

15

12 - 24 inches

(17) Sand tiger shark No open season

1

87 -140 inches

(18) Small sharks composite (Atlantic sharpnose, bonnethead, and spiny dogfish)

All year

4

30 - 54 inches

GEORGIA LAWS 2002 SESSION

811

(19) Sharks (20) Redporgy

All year All year

2

48-120 inches

10

12 -28 inches"

SECTION 2. All laws and parts of laws in conflict with this Act are repealed.
Approved May 13, 2002.

COURTS - PROBATE COURTS; ELIGIBILITY REQUIREMENTS OF JUDGES.
Code Section 15-9-4 Amended.
No. 827 (House Bill No. 1064).
AN ACT
To amend Article 1 of Chapter 9 of Title 15 of the Official Code of Georgia Annotated, relating to probate courts in general, so as to change provisions relating to additional eligibility requirements for the office ofjudge of the probate court in certain counties; to change the applicability of such additional requirements; to provide for continuing eligibility of judges holding office at a certain time; 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 9 of Title 15 of the Official Code of Georgia Annotated, relating to probate courts in general, is amended by striking Code Section 15-9-4, relating to additional eligibility requirements for the office ofjudge of the probate court in certain counties, and inserting in its place a new Code section to read as follows:
"15-9-4. (a) No person elected judge of the probate court in any county provided for in this Code section shall engage in the private practice of law. (b) Except as otherwise provided by subsection (c) of this Code section, in any county of this state having a population of more than 96,000 persons according to the United States decennial census of 1990 or any future such census and in which the probate court of such county meets the definition of a probate court as provided by Article 6 of this chapter, no person shall be judge of the probate

812______GENERAL ACTS AND RESOLUTIONS, VOL. I________
court unless at the time of election, in addition to the qualifications required by law, he or she has attained the age of 30 years and has been admitted to practice law for seven years preceding election. (c) A judge of the probate court holding such office on June 30, 2000, shall continue to hold such office and shall be allowed to seek reelection for such office. Notwithstanding the requirement that in certain counties the judge of the probate court be admitted to practice law for seven years preceding election, no decision, judgment, ruling or other official action of any judge of the probate court shall be overturned, denied, or overruled based solely on this requirement for qualification, election, and holding the office ofjudge of the probate court."
SECTION 2. This Act shall become effective July 1, 2002.
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.
Approved May 13, 2002.
EDUCATION - HIGH SCHOOL DIPLOMAS FOR CERTAIN VETERANS OF KOREAN CONFLICT
AND VIETNAM CONFLICT.
Code Section 20-2-70 Enacted.
No. 828 (House Bill No. 1068).
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 certain veterans who failed to receive diplomas due to an interruption of their education by service in the Korean Conflict or the Vietnam Conflict; 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:

____________GEORGIA LAWS 2002 SESSION__________813
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 20-2-70 to read as follows:
"20-2-70.
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 the Korean Conflict or service in the Vietnam Conflict. 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 veteran of the Korean Conflict or the Vietnam Conflict who had his or her education interrupted as a result of service in the Korean Conflict or the Vietnam Conflict. Honorably discharged veterans who served in the Korean Conflict between June 25,1950, and January 31,195 5, and honorably discharged veterans who served in the Vietnam Conflict between August 5, 1964, and May 7, 1975, and who did not graduate from high school are eligible for a diploma pursuant to this Code section; provided, however, that attendance in high school ranging from 1946 through 1955 with graduation class years ranging from 1951 through 1955 is required for veterans of the Korean Conflict and attendance in high school ranging from 1960 through 1975 with graduation class years ranging from 1964 through 1975 is required for veterans of the Vietnam Conflict. 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 such veterans on or near Veterans Day to bring to the attention of students the importance of such day and the great sacrifices made by such veterans."
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.
Approved May 13, 2002.

814______GENERAL ACTS AND RESOLUTIONS, VOL. I_______
PUBLIC OFFICERS AND EMPLOYEES - DEFERRED COMPENSATION PLANS; INCLUDE LAKE ALLATOONA PRESERVATION AUTHORITY; GEORGIA FEDERAL-STATE SHIPPING POINT INSPECTION SERVICE, AND GEORGIA FIREFIGHTERS' PENSION FUND EMPLOYEES.
Code Section 45-18-32 Amended.
No. 829 (House Bill No. 1077).
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 the Lake Allatoona Preservation Authority, the Georgia Federal-State Shipping Point Inspection Service, and the Georgia Firefighters' Pension Fund to participate in the state deferred compensation program; 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 of county and independent school systems may, with the approval of the State Personnel Board and the approval of such systems, participate in the state plan. Employees of the Lake Allatoona Preservation Authority, the Georgia Federal-State Shipping Point Inspection Service, and the Georgia Firefighters' Pension Fund may, with the approval of the State Personnel Board and the approval of such organizations, 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

____________GEORGIA LAWS 2002 SESSION__________815
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 of the 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 of the plan for state employees."
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.
Approved May 13, 2002.
FOOD, DRUGS, AND COSMETICS - FOOD SALES ESTABLISHMENTS; POSTING OF LICENSES.
Code Section 26-2-25 Amended.
No. 830 (House Bill No. 1086).
AN ACT
To amend Chapter 2 ofTitle 26 ofthe Official Code of Georgia Annotated, relating to standards, labeling, and adulteration of food, so as to provide that certain food sales establishments shall post licenses on the premises in an open and conspicuous manner so as to be visible to the public; to provide that neither the state nor any county, municipality, or consolidated government shall issue or renew any business or occupation license or permit for any food sales establishment until the food sales establishment complies with certain requirements; to change certain definitions relating to milk and milk food products; to adopt certain standards and requirements relating to milk and milk food products; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Chapter 2 of Title 26 of the Official Code of Georgia Annotated, relating to standards, labeling, and adulteration of food, is amended by striking Code Section 26-2-25, relating to licensing of food sales establishments, and inserting in its place the following:
"26-2-25. It shall be unlawful for any person to operate a food sales establishment without having first obtained a license from the Commissioner. No license issued under this article shall be suspended or revoked except for health and sanitation reasons

816______GENERAL ACTS AND RESOLUTIONS, VOL. I________
or violations of this article and until the licensee to be affected shall be provided with reasonable notice thereof and an opportunity for hearing, as provided under Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' Licenses issued under this article shall be valid until suspended or revoked and shall not be transferable with respect to persons or location. There shall be no fee for such license. Each food sales establishment licensed pursuant to this Code section shall post such license on the premises in an open and conspicuous manner so as to be visible to the public. Neither the state nor any county, municipality, or consolidated government shall issue or renew any business or occupation license or permit for any food sales establishment until the establishment complies with the requirements of this article."
SECTION 2. Said chapter is further amended by striking subsection (b) of Code Section 26-2-231, relating to definitions of terms used in the "Georgia Dairy Act of 1980," and inserting in its place the following:
"(b) Unless otherwise defined in this article, the following words shall have the meanings respectively ascribed to them in the May, 2001, Amended Version of the 'Grade A Pasteurized Milk Ordinance' Recommendations ofthe United States Public Health Service Food and Drug Administration and supplements thereto:
(1) 'Raw cow's milk'; (2) 'Grade A whole milk'; (3) 'Grade A milk, pasteurized'; (4) 'Grade A skim milk'; (5) 'Grade A buttermilk'; (6) 'Grade A chocolate milk'; (7) 'Grade A modified solids milk'; and (8) 'Pasteurization.'"
SECTION 3. Said chapter is further amended by striking Code Section 26-2-238, relating to standards and requirements for milk and milk food products generally, and inserting in its place the following:
"26-2-238.
The standards and requirements of the May, 2001, Amended Version of the 'Grade A Pasteurized Milk Ordinance' Recommendations of the United States Public Health Service Food and Drug Administration and supplements thereto, except as otherwise provided in this article, are expressly adopted as the standards and requirements for this state. Future changes in and supplements to said milk ordinance may be adopted by the Commissioner as a part of the standards and requirements for this state."

____________GEORGIA LAWS 2002 SESSION__________817
SECTION 4. All laws and parts of laws in conflict with this Act are repealed.
Approved May 13, 2002.
NUISANCES - AGRICULTURAL FACILITIES AND OPERATIONS; PUBLIC POLICY; DEFINITIONS.
Code Section 41-1-7 Amended.
No. 831 (House Bill No. 1087).
AN ACT
To amend Code Section 41-1-7 ofthe Official Code ofGeorgia Annotated, relating to treatment of agricultural facilities and operations as nuisances, so as to change the provisions relating to the declared policy of the state; to provide for additional definitions; 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 41-1-7 of the Official Code of Georgia Annotated, relating to treatment of agricultural facilities and operations as nuisances, is amended by striking subsections (a) and (b) of said Code section and inserting in their place the following:
"(a) It is the declared policy of the state to conserve, protect, and encourage the development and improvement of its agricultural land and facilities for the production of food and other agricultural products. When nonagricultural land uses extend into agricultural areas or when there are changed conditions in or around the locality of an agricultural facility, agricultural operations often become the subject of nuisance actions. As a result, agricultural facilities are sometimes forced to cease operations. Many others are discouraged from making investments in farm improvements or adopting new technology or methods. It is the purpose of this Code section to reduce losses of the state's agricultural resources by limiting the circumstances under which agricultural facilities and operations may be deemed to be a nuisance, (b) As used in this Code section, the term:
(1) 'Agricultural area' means any land which is, or may be, legally used for an agricultural operation under applicable zoning laws, rules, and regulations at the time of commencement of the agricultural operation of the agricultural facility at issue and throughout the first year of operation of such agricultural

818______GENERAL ACTS AND RESOLUTIONS, VOL. I_________
facility. Any land which is not subject to zoning laws, rules, and regulations at the time of commencement of an agricultural operation of an agricultural facility and throughout the first year of operation of such agricultural facility shall be deemed an 'agricultural area' for purposes of this Code section. (2) 'Agricultural facility' includes, but is not limited to, any land, building, structure, pond, impoundment, appurtenance, machinery, or equipment which is used for the commercial production or processing of crops, livestock, animals, poultry, honeybees, honeybee products, livestock products, poultry products, or products which are used in commercial aquaculture. Such term shall also include any farm labor camp or facilities for migrant farm workers. (3) 'Agricultural operation' means:
(A) The plowing, tilling, or preparation of soil at an agricultural facility; (B) The planting, growing, fertilizing, or harvesting of crops; (C) The application of pesticides, herbicides, or other chemicals, compounds, or substances to crops, weeds, or soil in connection with the production of crops, livestock, animals, or poultry; (D) The breeding, hatching, raising, producing, feeding, keeping, slaughtering, or processing of livestock, hogs, equines, chickens, turkeys, poultry or other fowl normally raised for food, mules, cattle, sheep, goats, dogs, rabbits, or similar farm animals for commercial purposes; (E) The production and keeping of honeybees, the production of honeybee products, and honeybee processing facilities; (F) The production, processing, or packaging of eggs or egg products; (G) The manufacturing of feed for poultry or livestock; (H) The rotation of crops; (I) Commercial aquaculture; (J) The application of existing, changed, or new technology, practices, processes, or procedures to any agricultural operation; and (K) The operation of any roadside market. (4) 'Changed conditions' means any one or more of the following: (A) Any change in the use of land in an agricultural area; (B) An increase in the magnitude of an existing use of land in or around the locality of an agricultural facility and includes, but is not limited to, urban sprawl into an agricultural area in or around the locality of an agricultural facility, or an increase in the number of persons making any such use, or an increase in the frequency of such use; or (C) The construction or location of improvements on land in or around the locality of an agricultural facility closer to an agricultural facility than those improvements located on such land at the time of commencement of the agricultural operation or the agricultural facility at issue and throughout the first year of operation of said agricultural facility. (5) 'Urban sprawl' means either of the following, or both: (A) The conversion of agricultural areas from traditional agricultural use to residential use; or

____________GEORGIA LAWS 2002 SESSION__________819
(B) An increase in the number of residences in an agricultural area which increase is unrelated to the use of the agricultural area for traditional agricultural purposes."
SECTION 2. This Act shall become effective upon its approval by the Governor or upon becoming law without such approval.
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.
Approved May 13, 2002.
FOOD, DRUGS, AND COSMETICS - NONRESIDENT OR ALIEN WHOLESALE FISH DEALERS; FEES.
Code Section 26-2-312 Amended.
No. 832 (House Bill No. 1088).
AN ACT
To amend Article 10 of Chapter 2 of Title 26 of the Official Code of Georgia Annotated, relating to fish and other seafoods, so as to change the provisions relating to fees for a nonresident or alien wholesale fish dealer; to provide for reciprocal agreements; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Article 10 of Chapter 2 of Title 26 of the Official Code of Georgia Annotated, relating to fish and other seafoods, is amended by striking Code Section 26-2-312, relating to licensing of wholesale fish dealers, and inserting in its place the following:
"26-2-312. (a) No person, firm, association of persons, or corporation shall be authorized or permitted to engage in the business of wholesale fish dealer in this state without first having paid to the Commissioner of Agriculture the annual license fees required in this Code section and having procured a license from the Commissioner authorizing such person to engage in the business of wholesale fish dealer. The annual license fee applicable to and required of wholesale fish dealers shall be as follows:

820______GENERAL ACTS AND RESOLUTIONS, VOL. I_______
(1) The annual license fee for each resident wholesale fish dealer shall be $50.00 for each place of business, fixed or movable; (2) The annual license fee for each nonresident or alien wholesale fish dealer shall be $50.00 for each place of business, fixed or movable, provided that the annual license fee for each nonresident or alien wholesale fish dealer who is a resident of a state which charges Georgia resident wholesale fish dealers a fee in excess of $50.00 shall be the same as the fee such state charges Georgia resident wholesale fish dealers for each place of business, fixed or movable. The Commissioner of Agriculture of the State of Georgia may enter into a reciprocal agreement with any other state to limit the fees such state charges a Georgia resident who operates as a wholesale fish dealer or its equivalent in such other state. (b) Each truck or movable unit from which fish are sold at wholesale shall be deemed a place of business within the meaning of this article. (c) A resident who produces the fish and other seafood he or she sells at retail or wholesale shall not be required to pay the license fee provided in paragraph (1) of subsection (a) of this Code section; nor shall any commercial fisherman licensed to catch fish or seafood by the state game and fish laws, rules, and regulations be required to pay the license fee provided for in this Code section."
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.
Approved May 13,2002.
CONSERVATION AND NATURAL RESOURCES OCONEE RIVER GREENWAY AUTHORITY ACT; GEORGIA AVIATION HALL OF FAME BOARD; POWERS; 1-20 CORRIDOR REGIONAL AIRPORT
STUDY COMMISSION CREATED.
Code Title 12, Chapter 3, Article 7, Part 6 and Code Section 50-12-72.1 Enacted.
No. 833 (House Bill No. 1096).
AN ACT
To amend Article 7 of Chapter 3 of Title 12 of the Official Code of Georgia Annotated, relating to public authorities for parks, historic areas, memorials, and recreation, so as to provide for the Oconee River Greenway Authority; to amend Chapter 12 of Title 50 of the Official Code of Georgia Annotated, relating to commissions and agencies, so as to change the powers of the Georgia Aviation Hall

____________GEORGIA LAWS 2002 SESSION__________821
of Fame Board; creating the 1-20 Corridor Regional Airport Study Commission; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Article 7 of Chapter 3 of Title 12 of the Official Code of Georgia Annotated, relating to public authorities for parks, historic areas, memorials, and recreation, is amended by inserting a new Part 6 to read as follows:
"Part 6
12-3-400. This part shall be known and may be cited as the 'Oconee River Greenway Authority Act.'
12-3-401. As used in this part, the term:
(1) 'Authority' means the Oconee River Greenway Authority. (2) 'Cost of the project' means the cost of construction; the cost of all lands, properties, rights, easements, and franchises acquired; the cost of all machinery and equipment; financing charges; interest prior to and during construction and for one year after completion of construction; the cost of engineering, architectural, and legal expenses and of plans and specifications and other expenses necessary or incident to determining the feasibility or practicability of the project; administrative expenses; and such other expenses as may be necessary or incident to the financing authorized in this part, the construction of any project, and the placing of the same in operation. Any obligation or expense incurred for any of the foregoing purposes shall be regarded as a part of the cost of the project and may be paid or reimbursed as such out of such bonds or obligations as may be issued by any authority, department, commission, or agency of the State of Georgia. (3) 'Geographic jurisdiction of the authority' means Baldwin County and, subject to approval and upon such terms as agreed to by the authority and the governing authority of any county to be added, any other county bordered by or through which flows the Oconee River or any impounded waters thereof. (4) 'Greenspace' has the meaning provided by paragraph (3) of Code Section 36-22-2. (5) 'Project' means greenspace which borders, or is contiguous to greenspace which borders, the Oconee River or any impounded waters thereof in any county or counties within the geographic jurisdiction of the authority and improvements thereto of every kind and character deemed by the authority necessary or convenient for its corporate purpose.

822______GENERAL ACTS AND RESOLUTIONS, VOL. I_______
12-3-402. (a) There is created a body corporate and politic to be known as the Oconee River Greenway Authority which shall be deemed to be an instrumentality ofthe State of Georgia and a public corporation; and by that name, style, and title such body may contract and be contracted with, sue and be sued, implead and be impleaded, and complain and defend in all courts of this state. (b) The authority shall consist of the commissioner of natural resources or the designee thereof, the director of the State Forestry Commission or the designee thereof, the mayor of Milledgeville, the president of Georgia Military College, and the chairperson of the governing authority of each county which is in the geographic jurisdiction of the authority. (c) The authority shall elect its own officers. No vacancy on the authority shall impair the right of the quorum to exercise all rights and perform all duties of the authority. (d) The members of the authority shall receive no compensation for their services on the authority but shall be reimbursed for actual expenses incurred while discharging the duties imposed upon them by this part. (e) The authority shall have perpetual existence. Any change in name or composition ofthe authority shall in no way affect the vested rights ofany person under this part or impair the obligations of any contracts existing under this part. (f) The members of the authority shall be accountable in all respects as trustees. The authority shall keep suitable and proper books and records of all receipts, income, and expenditures of every kind and shall submit for inspection all the books, together with the proper statement of the authority's financial position, to the state auditor. (g) The authority is assigned to the Department of Natural Resources for administrative purposes only in accordance with Code Section 50-4-3.
12-3-403. The corporate purpose and the general nature of the business of the authority shall be the acquisition or establishment of projects; their maintenance and protection; and, to the extent consistent with one or more of the goals specified in paragraph (3) of Code Section 36-22-2, their development or restoration.
12-3-404. The authority is authorized:
(1) To have a seal and alter it at pleasure; (2) To acquire, hold, and dispose of real and personal property for its corporate purposes; (3) To appoint, select, and employ officers, agents, and employees, including but not limited to conservation, management, engineering, architectural, and construction experts and fiscal agents; to contract for the services of individuals or organizations not employed full time by the authority who or which are engaged primarily in the rendition of personal services rather than the sale of goods or merchandise, such as, but not limited to, the services of

__________GEORGIA LAWS 2002 SESSION__________823
conservationists, managers, accountants, engineers, architects, consultants, and advisors, and to allow suitable compensation for such services; and to make provisions for group insurance, retirement, or other employee benefit arrangements, provided that no part-time or contract employees shall participate in group insurance or retirement benefits; (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 the authority causes to be subdivided, erected, or acquired; (5) To plan, survey, subdivide, administer, construct, erect, acquire, own, repair, remodel, maintain, add to, extend, improve, equip, operate, and manage projects as defined in this part, such projects to be located on property owned or leased by the authority or the State of Georgia or under the control and management of the authority. The cost of any such project shall be paid from its income, from the proceeds of revenue anticipation certificates of the authority, or from such proceeds and any loan, gift, or grant from the United States of America or any agency or instrumentality thereof, or the State of Georgia, or any county, municipal corporation, authority, or local government or governing body; (6) To accept loans or grants, or both, of money, materials, or property of any kind from the United States of America or any agency or instrumentality thereofupon such terms and conditions as the United States ofAmerica or such agency or instrumentality may impose; (7) To borrow money for any of its corporate purposes, to issue negotiable revenue anticipation certificates from earnings of such projects, and to provide for the payment of the same and for the rights of the holders thereof; (8) To exercise any power which is usually possessed by private corporations performing similar functions and which is not in conflict with the Constitution and laws of this state; (9) To act as agent for the United States of America or any agency, department, corporation, or instrumentality thereof, in any manner within the purposes or powers of the authority; (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 receive and accept loans, gifts, grants, donations, or contributions of property, facilities, or services, with or without consideration, from any person, firm, or corporation or from the State of Georgia, or any agency or instrumentality thereof, or from any county, municipal corporation, or local government or governing body; (12) To hold, use, administer, and expend such sum or sums as may hereafter be received as income or gifts for any of the purposes of this authority; (13) To do all things necessary or convenient to carry out the powers and purposes of the authority;

824______GENERAL ACTS AND RESOLUTIONS, VOL. I________
(14) To acquire, lease (as lessee), purchase, hold, own, and use any franchise or any property, real or personal, tangible or intangible, or any interest therein; and to sell, lease (as lessor), transfer, or dispose thereof whenever the same is no longer required for purposes of the authority or exchange the same for other property or rights which are useful for the purposes of the authority; (15) To fix, alter, charge, and collect fares, rates, rentals, and other charges for its facilities and for admission to its grounds at reasonable rates to be determined by the authority; (16) To contract with other authorities, departments, or agencies of the State of Georgia for the corporate purpose of the authority; (17) To invest and reinvest any or all idle funds or moneys, including, but not limited to, funds held in reserve or debt retirement or received through the issuance of revenue certificates or from contributions, gifts, or grants, which cannot be immediately used for the purpose for which received, such investment to be made in any security or securities which are legal investments for executors or trustees; provided, however, that investments in such securities will at all times be held for and, when sold, used for the purposes for which the money was originally received; (18) To grant, on an exclusive or nonexclusive basis, the right to use and occupy streets, roads, sidewalks, and other public places for the purpose of rendering utility services, upon such conditions and for such time as the authority may deem wise; and (19) To appoint special advisory committees and panels of citizens to advise the authority of certain issues and to reimburse the individuals appointed for actual expenses incurred in performing their tasks.
12-3-405.
It is found, determined, and declared that the creation of the authority and the carrying out of its corporate purposes are in all respects for the benefit of the people of this state and constitute a public purpose and that the authority will be performing an essential governmental function in the exercise of the powers conferred upon it by this part. The State of Georgia covenants that the authority shall be required to pay no taxes or assessments upon any of the property acquired by it or under its jurisdiction, control, possession, or supervision or upon its activities in the operation or maintenance of the facilities erected, maintained, or acquired by it or any fees, rentals, or other charges for the use of such facilities or other income received by the authority; provided, however, that in no event shall the exemptions granted in this Code section extend to any lessee or other private person or entity.
12-3-406. The authority is authorized 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 zoning, use, and personal conduct restrictions upon the properties, facilities, and persons under its jurisdiction to the extent that such is lawful under the laws ofthe United

____________GEORGIA LAWS 2002 SESSION__________825
States and this state. The authority may delegate all or any part of the performance of these functions temporarily or permanently to the state or to any county within the geographic jurisdiction of the authority.
12-3-407. The authority is authorized to contract for or to provide for and maintain a security force with respect to the facilities and property owned, leased, operated, or under the control ofthe authority and within the territory thereof. The security force shall have the duty to protect persons and property, disperse unlawful or dangerous assemblages, control pedestrian and vehicular traffic, and otherwise preserve and protect the public peace, health, and safety. For these purposes, a member of such force shall be a peace officer and, as such, shall have authority equivalent to the authority of a police officer or law enforcement officer of the county in which he or she is discharging his or her duties.
12-3-408. All moneys received pursuant to the authority of this part, whether as grants or other contributions or as revenues, rents, and earnings, shall be deemed to be trust funds to be held and applied solely as provided in this part.
12-3-409. The authority is authorized to fix rentals and other charges which any user, exhibitor, concessionaire, franchisee, or vendor shall pay to the authority for the use of the project or part thereof or combination thereof, and to charge and collect the same, and to lease and make contracts with political subdivisions and agencies with respect to use of any part of the project. The rentals and other charges shall be so fixed and adjusted in respect to the aggregate thereof from the project or any part thereof so as to provide a fund sufficient with other revenues of such project, if any, to pay the cost of maintaining, repairing, and operating the project, including the reserves for extraordinary repairs and insurance, unless such cost shall be otherwise provided for, which cost shall be deemed to include the expenses incurred by the authority on account of the project for water, light, sewer, and other services furnished by other facilities at the site of the project.
12-3-410. The Attorney General shall provide legal services for the authority, and in connection therewith the provisions ofCode Sections 45-15-13 through 45-15-16 shall be fully applicable the same as if the authority were identified therein as a state authority.
12-3-411. Any action to protect or enforce any rights under this part or pertaining to validation of any bonds issued under this part shall be brought in the Superior Court of Baldwin County, Georgia; and such court shall have exclusive, original

826______GENERAL ACTS AND RESOLUTIONS, VOL. I_______
jurisdiction of such actions. Nothing contained in this part shall be construed to impair any rights afforded the state under the Constitution of the United States.
12-3-412. Members and employees of the authority shall be subject to the applicable provisions of Chapter 10 of Title 45.
12-3-413. (a) The authority or any authority or body which may succeed to the powers, duties, and liabilities vested in the authority is authorized at one time, or from time to time, to provide by resolution for the issuance of revenue bonds for the purpose of paying all or any part of the cost, as defined in this part, of any one project or a combination of projects. The principal and interest of such revenue bonds shall be payable solely from the special fund provided in subsection (n) of this Code section for such payment. The bonds of each issue shall be dated and shall mature at such times and bear interest at such rates as may be determined by the authority, payable in such medium of payment 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. (b) The authority shall determine the form of the bonds, including any interest coupons to be attached thereto, and shall fix the denomination or denominations of the bonds and the place or places of payment of principal and interest thereof, which may be at any bank or trust company inside or outside the state. The bonds may be issued in coupon or registered form, or both, as the authority may determine, and provision may be made for the registration of any coupon bond as to principal alone and also as to both principal and interest. (c) In case any officer whose signature appears on any bonds or whose facsimile signature appears on any coupon ceases 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 such person had remained in office until such delivery. All such bonds shall be signed by the chairperson or vice chairperson of the authority, and the official seal of the authority shall be affixed thereto and attested by the secretary or assistant secretary of the authority; and any coupons attached thereto shall bear the signature or facsimile signature of the chairperson or vice chairperson of the authority. Any coupon may bear the facsimile signature of such person, and any bond may be signed, sealed, and attested on behalf of the authority by such persons as at the actual time of the execution of such bonds shall be duly authorized or hold the proper office, although at the date of such bonds such persons may not have been so authorized or shall not have held such office. (d) All revenue bonds issued under this part shall have and are declared to have all the qualities and incidents of negotiable instruments. Such bonds and the income therefrom shall be exempt from all taxation within the state.

____________GEORGIA LAWS 2002 SESSION_________827
(e) The authority may sell bonds in such manner and for such price as it may determine to be for the best interests of the authority. (f) The proceeds of bonds shall be used solely for the payment of the cost of the project and shall be disbursed upon requisition or order ofthe chairperson or vice chairperson of the authority under such restrictions, if any, as provided by the resolution authorizing the issuance of the bonds or by the trust indenture mentioned in subsection (k) of this Code section. (g) Prior to the preparation of definitive bonds, the authority may, under like restrictions, issue interim receipts, interim certificates, or temporary bonds, with or without coupons, exchangeable for definitive bonds upon the issuance of the latter. (h) The authority may provide for the replacement of any bond which becomes mutilated or is destroyed or lost. (i) Revenue bonds may be issued without the conducting of any proceedings, the existence of any conditions, or the happening of any events other than those proceedings, conditions, and events which are specified or required by this part. In the discretion of the authority, revenue bonds of a single issue may be issued for the purpose of paying the cost of any one or more, including a combination of, projects at any one institution or any number of institutions. Any resolution providing for the issuance of revenue bonds under this part shall become effective immediately upon its passage and need not be published or posted. Any such resolution may be passed at any regular, special, or adjourned meeting of the authority by a majority of its members. (j) Revenue bonds issued under this part shall not be deemed to constitute a debt ofthe State of Georgia or a pledge ofthe faith and credit ofthe state. Such bonds shall be payable solely from the fund provided for in subsections (m) through (p) of this Code section, 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 whatever therefor or to make any appropriation for their payment. All such bonds shall contain recitals on their faces covering substantially the foregoing provisions of this Code section. Anything in this Code section to the contrary notwithstanding, such funds as may be received from state appropriations or from any other source are declared to be available and may be used by any department, board, commission, or agency of the State of Georgia for the performance of any lease contract entered into by such department, board, commission, or agency with the authority.
(k)(l) In the discretion of the authority, any issue of revenue bonds may be secured by a trust indenture by and between the authority and a corporate trustee, which may be any trust company or bank having the powers of a trust company inside or outside of the state. Such trust indenture may pledge or assign rents, revenues, and earnings to be received by the authority. (2) Either the resolution providing for the issuance of revenue bonds or the trust indenture may contain such provisions for protecting and enforcing the rights and remedies of the bondholders as may be reasonable and proper and not in violation of law, including covenants setting forth the duties of the

828______GENERAL ACTS AND RESOLUTIONS, VOL. I________
authority in relation to the acquisition of property, the construction of the project, the maintenance, operation, repair, and insurance of the project, and the custody, safeguarding, and application of all moneys. The resolution or indenture may also provide that any project shall be constructed and paid for under the supervision and approval of consulting engineers or architects employed or designated by the authority and satisfactory to the original purchasers of the bonds issued therefor. The resolution or indenture may also require that the security given by contractors and by any depository of the proceeds of the bonds or revenues or other moneys be satisfactory to such purchasers and may also contain provisions concerning the conditions, if any, upon which additional revenue bonds may be issued. (3) The indenture may set forth the rights and remedies of the bondholders and of the trustee and may restrict the individual right of action of bondholders as is customary in trust indentures securing bonds and debentures of corporations. In addition to the foregoing provisions of this Code section, the trust indenture may contain such other provisions as the authority may deem reasonable and proper for the security of the bondholders. (4) It shall be lawful for any bank or trust company incorporated under the laws of this state to act as such depository and to furnish such indemnifying bonds or pledge such securities as may be required by the authority. (5) All expenses incurred in carrying out the trust indenture may be treated as a part of the cost of maintenance, operation, and repair of the project and of the cost of the project affected by such indenture. (1) The authority shall, in the resolution providing for issuance of revenue bonds or in the trust indenture, provide for the payment of the proceeds of the sale of the bonds to any officer or person who, or any agency, bank, or trust company which, shall act as trustee of such funds and shall hold and apply the same to the purposes expressed in this part, subject to such regulations as this part and such resolution or trust indenture may provide. (m) Unless otherwise pledged and allocated, any and all revenues, rents, and earnings received by the authority, regardless of whether or not such revenues, rents, and earnings were produced by a particular project for which bonds have been issued, may be pledged and allocated by the authority to the payment of the principal and interest on revenue bonds of the authority as the trust indenture or the resolution authorizing the issuance of the bonds may provide, (n) Such funds so pledged from whatever source received, which pledge may include funds received from one or more or all sources, shall be set aside at regular intervals, as may be provided in the resolution or trust indenture, into a sinking fund which shall be pledged to and charged with the payment of: (1) The interest upon such revenue bonds as such interest shall fall due; (2) The principal of the bonds as the same shall fall due; (3) The necessary charges of paying agents for paying principal and interest; and (4) Any premium upon bonds retired by call or purchase.

____________GEORGIA LAWS 2002 SESSION__________829
(o) The use and disposition of such sinking fund shall be subject to such regulations as may be provided in the resolution authorizing the issuance of the revenue bonds or in the trust indenture, but, except as may otherwise be provided in such resolution or trust indenture, such sinking fund shall be a fund for the benefit of all revenue bonds without distinction or priority of one over another. (p) Subject to the provisions of the resolution authorizing the issuance of the bonds, or subject to the trust indenture, surplus moneys in the sinking fund may be applied to the purchasing or redemption of bonds, and any such bonds so purchased or redeemed shall forthwith be canceled and shall not again be issued, (q) Except to the extent the rights given in this Code section may be restricted by resolution passed before the issuance of bonds or by a trust indenture, any holder of revenue bonds or interest coupons issued under this part, any receiver for such holders, or any indenture trustee, if any, may either at law or in equity, by action, mandamus, or other proceedings, protect and enforce any and all rights under the laws of the State of Georgia or granted by this part or under such resolution or trust indenture. Such holder, receiver, or trustee may enforce and compel performance of all duties required by this part, or by resolution or trust indenture, to be performed by the authority or any officer thereof, including the fixing, charging, and collecting of revenues, rents, and other charges for the use of the project or projects. In the event of default of the authority upon the principal and interest obligations of any revenue bond issue, such holder, receiver, or trustee shall be subrogated to each and every right which the authority may possess and, in the pursuit of remedies as subrogee, may proceed either at law or in equity, by action, mandamus, or other proceedings to collect any sums by such proceedings due and owing to the authority and pledged or partially pledged directly or indirectly to the benefit of the revenue bond issue of which such holder, receiver, or trustee is representative. No holder, receiver, or trustee shall have the right to compel any exercise ofthe taxing power ofthe state to pay any such bond or the interest thereon, or to enforce the payment thereof against any property of the state, nor shall any such bond constitute a charge, lien, or encumbrance, legal or equitable, upon the property of the state, (r) The authority is authorized to provide by resolution for the issuance of revenue refunding bonds of the authority for the purpose of refunding any revenue bonds issued under this part and then outstanding, together with accrued interest thereon. The issuance of such revenue refunding bonds, the maturities, and all other details thereof, the rights ofthe holders thereof, and the duties ofthe authority in respect to the same shall be governed by the foregoing provisions of this part insofar as the same may be applicable. (s) While any of the bonds issued by the authority remain outstanding, the powers, duties, or existence of the authority, or of its officers, employees, or agents, or of any department, board, commission, or agency of the state shall not be diminished or impaired in any manner that will affect adversely the interests and rights of the holders of such bonds. This part shall be for the benefit of the state, the authority, and the holders of any such bonds and, upon the issuance of bonds under this part, shall constitute a contract with the holders of such bonds.

830______GENERAL ACTS AND RESOLUTIONS, VOL. I_______
(t) Bonds of the authority shall be confirmed and validated in accordance with the procedure of Article 3 of Chapter 82 of Title 36. The petition for validation shall also make party defendant to such action any authority, division, subdivision, instrumentality, or agency of the State of Georgia which, or any person who, has contracted with the Oconee River Greenway Authority for the use of any building, structure, or facilities for which bonds have been issued and sought to be validated. Such authority, division, subdivision, instrumentality, agency, or person shall be required to show cause, if any, why such contract or contracts and the terms and conditions thereof should not be inquired into by the court, the validity of the terms thereof determined, and the contract adjudicated as security for the payment of any such bonds of the authority. The bonds when validated and the judgment of validation shall be final and conclusive with respect to such bonds and against the authority issuing the same and against any authority, division, subdivision, instrumentality, department, agency, or person contracting with the authority. (u) No bonds shall be issued by the authority under this part unless the issuance of such bonds has been reviewed and approved by the Georgia State Financing and Investment Commission. (v) The bonds authorized by this part are made securities in which all public officers and bodies ofthis state; all municipalities and all municipal subdivisions; 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, building and loan associations, investment companies, and other persons carrying on a banking business; all 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 shall be received by all public officers and bodies ofthis state and all municipalities and municipal subdivisions for any purpose for which the deposit of the bonds or other obligations of this state is now or may hereafter be authorized.
12-3-414. The Governor is authorized to convey to the authority on behalf of the state any real or personal property or interest therein owned by the state in furtherance of this part. The consideration for such conveyance shall be determined by the Governor and expressed in the conveyance, provided that such consideration shall be nominal, the benefits going to the state and its citizens constituting full and adequate consideration."
SECTION 2. Chapter 12 of Title 50 of the Official Code of Georgia Annotated, relating to commissions and agencies, is amended by adding a new Code Section 50-12-72.1 to read as follows:

____________GEORGIA LAWS 2002 SESSION__________831
"50-12-72.1. The Georgia Aviation Hall of Fame Board shall, in furtherance of its purposes and in addition to other powers granted to the board by law, have those powers generally granted by law to state authorities, including specifically, without limitation, the power to acquire, improve, and hold real and personal property and the power to contract with other governmental authorities, departments, and agencies and private entities for such purposes."
SECTION 3. WHEREAS, general aviation is an integral part of a regional economic development program; and
WHEREAS, since September 11, 2001, more and more business executives are relying on general aviation rather than commercial aviation; and
WHEREAS, the East Georgia area of the state competes not only with the Atlanta metropolitan area and the rest of Georgia for economic development opportunities, but must also compete with nearby South Carolina and the comprehensive economic development incentives offered by that state; and
WHEREAS, it is imperative that the necessary infrastructure be in place in the region that will make the region attractive to new business ventures as well as encourage the expansion of existing businesses; and
WHEREAS, economic development in this region of the state should rightly be given a high priority due to the fact that it is comprised of a high percentage of Tier One counties and suffers from a high unemployment rate; and
WHEREAS, with general aviation facilities being such an important element in economic development, it is important that the East Georgia area evaluates its general aviation facilities and prepares a plan to address any deficiencies that exist and to take advantage of any opportunities that will enhance general aviation in the region.
NOW, THEREFORE, BE IT RESOLVED by the Senate that there is created the 1-20 Corridor Regional Airport Study Commission to be composed of three members to be appointed by the governing authority of McDuffie County, two members to be appointed by the City of Thomson, and two members which may be appointed by each of the governing authorities of the Counties of Greene, Taliaferro, Wilkes, Lincoln, Warren, and Columbia ifthey elect to participate. The members of the commission at their first meeting shall select one of the members of the commission to serve as chairperson and another member to serve as vice chairperson. The commission may appoint such other offices or positions from among its members as it deems necessary. The commission shall meet at the call of the chairperson.

832______GENERAL ACTS AND RESOLUTIONS, VOL. I_________
BE IT FURTHER RESOLVED that the commission shall be authorized to conduct a study which will inventory existing general aviation airport facilities in the 1-20 Corridor between Lake Oconee and Clarks Hill Lake, including the Counties of Greene, Taliaferro, Wilkes, Lincoln, Warren, McDuffie, and Columbia. The study shall analyze the capacity of such existing general aviation facilities to provide the services necessary to retain and attract business to this region and shall make recommendations to the General Assembly on any improvements that would make the general aviation infrastructure in this growth corridor more attractive to economic development prospects.
BE IT FURTHER RESOLVED that the commission may conduct such meetings at such places and at such times as it may deem necessary or convenient to enable it to exercise fully and effectively its powers, perform its duties, and accomplish the objectives and purposes of this resolution. In the event the commission makes a report of its findings and recommendations, with suggestions for proposed legislation, if any, such report shall be made on or before December 31,2002. The commission shall stand abolished on December 31, 2002.
SECTION 4. All laws and parts of laws in conflict with this Act are repealed.
Approved May 13, 2002.
COURTS - SUPERIOR COURT CLERKS' COOPERATIVE AUTHORITY; SUNSET DATES; FEES.
Code Sections 15-6-77, 15-6-97, and 15-6-98 Amended.
No. 834 (House Bill No. 1104).
AN ACT
To state a general intent to codify and to extend for a further period of two years the future "sunset" date of certain provisions relating to superior court clerks' fees and the Georgia Superior Court Clerks' Cooperative Authority; to amend Code Section 15-6-77 of the Official Code of Georgia Annotated, relating to fees of superior court clerks, so as to provide for certain fees currently in effect and fees to take effect in the future; to amend Code Section 15-6-97 of the Official Code of Georgia Annotated, relating to the state-wide uniform automated information system for property records, so as to provide for the future repeal or sunset of said Code section; to amend Code Section 15-6-98 of the Official Code of Georgia Annotated, relating to collection and remittance of certain fees to the Georgia Superior Court Clerks' Cooperative Authority, so as to provide for the future repeal or sunset of

____________GEORGIA LAWS 2002 SESSION__________833
said Code section; to amend an Act amending Title 15 of the Official Code of Georgia Annotated, relating to courts, which Act was approved April 7,1995 (Ga. L. 1995, p. 260), as amended, so as to repeal provisions of such Act which provided for a future repeal or sunset of certain provisions; to amend an Act amending Article 2 of Chapter 6 of Title 15 of the Official Code of Georgia Annotated, relating to clerks of superior courts, approved April 16, 1996 (Ga. L. 1996, p. 1502), so as to repeal provisions of such Act which provided for a future change in certain fees of superior court clerks; 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. It is the general intent of this Act to codify and to extend for a further period of two years the future "sunset" of certain provisions relating to superior court clerks' fees and the Georgia Superior Court Clerks' Cooperative Authority.
SECTION 2. Code Section 15-6-77 of the Official Code of Georgia Annotated, relating to fees of superior court clerks, is amended by striking subsection (f) and inserting new subsections (I) and (f. 1) to read as follows:
"(f) Until January 1, 2006, sums for filing documents, instruments, etc., pertaining to real estate or personal property, such sums to include recording and returning where applicable, shall be as follows:
(1 )(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 ..................... S 9.50 Each page, after the first .............................. 2.00 (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, release of collateral, or other filing pursuant to 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

834______GENERAL ACTS AND RESOLUTIONS, VOL. I________

(f. 1) On and after January 1,2006, sums for filing documents, instruments, etc.,

pertaining to real estate or personal property, such sums to include recording and

returning where applicable, shall be as follows:

(1)(A) Filing all instruments pertaining to real estate and personal

property except as otherwise specified in this Code section,

including but not limited to the filing of deeds, deeds of trust,

affidavits, releases, notices, certificates, 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, and

cancellation of deeds, 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, release of collateral, or other filing pursuant to Part 4 of

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 3. Code Section 15-6-97 of the Official Code of Georgia Annotated, relating to the state-wide uniform automated information system for property records, is amended by adding at its end a new subsection (c) to read as follows:
"(c) This Code section shall be repealed in its entirety on January 1, 2006."

SECTION 4. Code Section 15-6-98 of the Official Code of Georgia Annotated, relating to collection and remittance of certain fees to the Georgia Superior Court Clerks' Cooperative Authority, is amended by adding at its end a new subsection (d) to read as follows:
"(d) This Code section shall be repealed in its entirety on January 1, 2006."

SECTION 5. The following provisions of law are repealed:
(1) Section 6 of an Act amending Title 15 of the Official Code of Georgia Annotated, relating to courts, approved April 7,1995 (Ga. E. 1995, p. 260), as amended, which now repealed section would have provided for a future repeal or sunset of certain provisions relating to fees of superior court clerks and the Georgia Superior Court Clerks' Cooperative Authority; and (2) Section 2 of an Act amending Article 2 of Chapter 6 of Title 15 of the Official Code of Georgia Annotated, relating to clerks of superior courts, approved April 16, 1996 (Ga. L. 1996, p. 1502), as amended, which now

____________GEORGIA LAWS 2002 SESSION__________835
repealed section would have provided for a future change in the fees of superior court clerks.
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 May 13, 2002.
REVENUE AND TAXATION - AD VALOREM TAXES; DEFINITION OF HOMESTEAD IN COUNTIES WITH POPULATIONS OF NOT LESS THAN 19,200 AND NOT MORE THAN 19,750 ACCORDING TO THE 2000 CENSUS.
Code Section 48-5-40 Amended.
No. 835 (House Bill No. 1106).
AN ACT
To amend Code Section 48-5-40 of the Official Code of Georgia Annotated, relating to definitions relative to ad valorem tax exemptions, so as to revise and change the population and census application of certain provisions relating to the definition of homestead; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Code Section 48-5-40 of the Official Code of Georgia Annotated, relating to definitions relative to ad valorem tax exemptions, is amended by striking subparagraph (L) of paragraph (3) of said Code section and inserting in its place the following:
"(L) In all counties having a population of not less than 19,200 nor more than 19,750, according to the United States decennial census of 2000 or any future such census, where the person who is the applicant holds real property subject to a written lease; the applicant has held the property subject to such a lease for not less than three years prior to the year for which application is made; and the applicant is the owner of all improvements located on the real property;"

836______GENERAL ACTS AND RESOLUTIONS, VOL. I
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.
Approved May 13, 2002.
COURTS - DEPARTMENT OF JUVENILE JUSTICE; AUTHORIZE PHOTOGRAPHING OF EVERY CHILD WHO ABSCONDS AND IS RETURNED TO CUSTODY.
Code Section 15-11-83 Amended.
No. 836 (House Bill No. 1105).
AN ACT
To amend Part 8 of Article 1 of Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to access to records and hearings involving children, so as to authorize the photographing of every child who has absconded and subsequently returned to the custody of the Department of Juvenile Justice; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Part 8 of Article 1 of Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to access to records and hearings involving children, is amended by striking subsection (a) of Code Section 15-11-83, relating to the photographing of every child who has absconded and subsequently returned to the custody of the Department of Juvenile Justice, and inserting in its place the following:
"(a)(l) Every child charged with an act which would be a felony if committed by an adult, other than those status offender crimes as defined in Code Section 15-11-2, shall be fingerprinted and photographed upon being taken into custody. Fingerprints and photographs of children shall be taken and filed separately from those of adults by law enforcement officials to be used in investigating the commission of crimes and to be made available as provided in this article and as may be directed by the court. (2) Law enforcement agencies may photograph a child who for any reason has been placed in the custody and control of the Department of Juvenile Justice and who has absconded and subsequently returned to such custody. Photographs shall be maintained in accordance with paragraph (1) of this subsection."

____________GEORGIA LAWS 2002 SESSION__________837
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.
Approved May 13, 2002.
MOTOR VEHICLES AND TRAFFIC - BOARD OF MOTOR VEHICLE SAFETY; PER DIEM EXPENSE ALLOWANCE.
Code Section 40-16-3 Amended.
No. 837 (House Bill No. 1109).
AN ACT
To amend Code Section 40-16-3 of the Official Code of Georgia Annotated, relating to the board and commissioner of motor vehicle safety, so as to change certain provisions relating to per diem expense allowances of board members; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Code Section 40-16-3 of the Official Code of Georgia Annotated, relating to the board and commissioner of motor vehicle safety, is amended by striking subsection (d) and inserting in lieu thereof the following:
"(d) The members of the board shall receive no salary for their service on the board but any member who is not otherwise a state officer or employee shall receive a per diem expense allowance as provided in subsection (b) of Code Section 45-7-21."
SECTION 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.
Approved May 13, 2002.

838______GENERAL ACTS AND RESOLUTIONS, VOL. I_________
MOTOR VEHICLES AND TRAFFIC - REGISTRATION OF MOTOR VEHICLES; BONDS FOR PRIVATE PERSONS PROCESSING REGISTRATIONS; SPECIAL LICENSE PLATES FOR ACTIVE RESERVE MEMBERS; REGISTRATION WHERE COMMISSIONER NOT SATISFIED AS TO OWNERSHIP; USE OF OFFICIAL VEHICLES BY DEPARTMENT OF MOTOR VEHICLE SAFETY.
Code Sections 40-2-25, 40-2-65, and 40-3-28 Amended. Code Section 40-16-5.1 Enacted.
No. 838 (House Bill No. 1112).
AN ACT
To amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, so as to change certain provisions relating to registration of motor vehicles; to change certain provisions relating to processing by private persons of applications for registration; to change certain provisions relating to special license plates for members of active reserve components of the United States; to change certain provisions relating to registration of vehicle where commissioner is not satisfied as to ownership of vehicle and bond; to regulate certain use of motor vehicles or other equipment by certified law enforcement officers employed by the Department of Motor Vehicle Safety; 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 paragraph (1) of subsection (b) of Code Section 40-2-25, relating to processing by private persons of applications for registration, and inserting in lieu thereof the following:
"(b)( 1) The tax commissioner of each county shall be authorized to require any private person processing applications for the registration of vehicles pursuant to subsection (a) of this Code section to give an annual fidelity bond in the amount of $50,000.00 with good and sufficient surety or sureties licensed to do business in this state payable to, in favor of, and for the protection of either the payee, taxpayer, or the tax commissioner of the county in which such person processes such applications. Such bond shall be posted prior to the beginning of business operations each year and satisfactory proof of such bond shall be filed in the office of the tax commissioner requiring such bond prior to the beginning of business operations each year."

____________GEORGIA LAWS 2002 SESSION__________839
SECTION 2. Said title is further amended by striking paragraph (2) of subsection (a) of Code Section 40-2-65, relating to special license plates for members of active reserve components of the United States, and inserting in lieu thereof the following:
"(2) Motor vehicle owners who are retired from any branch of the active reserve components whose active reservists are eligible to obtain free motor vehicle license plates under paragraph (1) of this subsection, upon application for license plates and upon compliance with the state motor vehicle laws relating to registration and licensing of motor vehicles as prescribed under Article 2 of this chapter, shall be issued, free of charge, a license plate as prescribed in that article for private passenger cars, motorcycles, or trucks used for personal transportation. Each such retired member shall be entitled to no more than one such free plate for any calendar year; provided, however, that, upon payment of the regular license fee provided for in Code Section 48-10-2 and a manufacturing fee of $25.00, a retired member shall be entitled to receive one additional such license plate. For each additional license plate for which an initial $25.00 fee was required, there shall be an additional annual registration fee of $25.00, which fee shall be collected by the county tag agent at the time of collection of other registration fees and shall be remitted to the state as provided in Code Section 40-2-34. The license plates issued pursuant to this paragraph shall, in addition to the numbers and letters prescribed by law, be identical to those issued pursuant to paragraph (1) of this subsection to members ofthe branch ofthe active reserve component from which that person retired. The commanding officer of each active reserve component program unit shall, upon request of any retired reserve member from that unit, furnish to that retired member approved documentation supporting the retired member's current retired membership status from that reserve unit. This documentation shall be presented to the tax commissioner of the county in which the retired reserve member applies for the special license plate under this Code section."
SECTION 3. Said title is further amended by striking Code Section 40-3-28, relating to registration of vehicle where commissioner is not satisfied as to ownership of vehicle and bond, and inserting in lieu thereof the following:
"40-3-28.
If the commissioner or the commissioner's duly authorized county tag agent is not satisfied as to the ownership of the vehicle or that there are no undisclosed security interests in it, the commissioner or authorized county tag agent may register the vehicle, but shall either: (1) withhold issuance of a certificate of title until the applicant presents documents reasonably sufficient to satisfy the commissioner or authorized county tag agent as to the applicant's ownership of the vehicle and that there are no undisclosed security interests in it; or (2) as a condition of issuing a certificate of title, require the applicant to file with the commissioner or authorized county tag agent a bond in the form prescribed by

840______GENERAL ACTS AND RESOLUTIONS, VOL. I_______
the commissioner and executed by the applicant and by a bonding, surety, or insurance company licensed to do business in Georgia. The bond shall be in an amount equal to the value of the vehicle as determined by the commissioner or authorized county tag agent and payable to the commissioner for the benefit of any prior owner, lienholder, or security interest holder, and any subsequent purchaser ofthe vehicle or person acquiring any security interest or lien on it, and their respective successors in interest, against any expense, loss, or damage, by reason of the issuance of the certificate of title of the vehicle or on account of any defect in or undisclosed security interest upon the right, title, and interest of the applicant in and to the vehicle. The commissioner shall have a right of action to recover on the bond for any breach of its conditions, but the aggregate liability of the surety to all persons shall not exceed the amount of the bond. The bond shall expire at the end of four years unless the commissioner or authorized county tag agent has been notified of a breach of a condition of the bond."
SECTION 4. Said title is further amended by inserting a new Code section to read as follows:
"40-16-5.1.
(a) Except as otherwise provided in subsection (b) of this Code section, no department motor vehicles shall be used by any certified law enforcement officers employed by the department except in the discharge of official duties. Any other equipment shall be used only with the express written approval of the commissioner. The commissioner shall adopt rules and regulations governing the use of equipment.
(b)( 1) Certified law enforcement officers employed by the department may use a department motor vehicle while working an approved off-duty job, provided that:
(A) The off-duty employment is of a general nature that is the subject of a contract between the off-duty employer and the department and is service in which the use of the department motor vehicle is a benefit to the department or is in furtherance of the department's mission; (B) The off-duty employer agrees to pay and does pay to the department an amount determined by the commissioner to be sufficient to reimburse the department for the use of the vehicle and to pay the off-duty employee sufficient compensation. Pursuant to such contract, the department shall pay the employee of the department the compensation earned on off-duty employment whenever such employee performs such service in a department motor vehicle; and (C) The commissioner has specifically approved, in writing, the individual use of the vehicle by the employee. (2) At no time will an off-duty employee be allowed use of a department motor vehicle at any political function of any kind."

____________GEORGIA LAWS 2002 SESSION__________841
SECTION 5. All laws and parts of laws in conflict with this Act are repealed.
Approved May 13, 2002.
EDUCATION - LOCAL BOARDS OF EDUCATION; PAYMENT OF ADDITIONAL COSTS FOR HEALTH INSURANCE BENEFITS.
Code Sections 20-2-55 and 45-18-5 Amended.
No. 839 (House Bill No. 1121).
AN ACT
To amend Code Section 20-2-55 of the Official Code of Georgia Annotated, relating to per diem and expenses of members of local boards of education, and Code Section 45-18-5 of the Official Code of Georgia Annotated, relating to coverage of county officers and employees under the state employees' health insurance plan, so as to authorize local boards of education to pay additional costs imposed on certain members of the local board as a result of such board's decision to provide certain state health insurance benefits to members of the local board; to provide for the use of tax funds for such purpose; 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 20-2-55 of the Official Code of Georgia Annotated, relating to per diem and expenses of members of local boards of education, is amended by striking subsection (b) and inserting in lieu thereof the following:
"(b)( 1) A local board of education is authorized to provide group medical and dental insurance for its members who elect to participate. Such insurance may be provided through a group policy secured by the local school district, a group policy secured by several local school districts, a policy secured by an organization of local school boards, or in accordance with Code Section 45-18-5 providing for the inclusion of members 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. Except as provided in paragraph (3) of this subsection, a board providing such insurance shall pay no greater percentage of the cost of that insurance than the percentage of the cost paid as an employer contribution by

842______GENERAL ACTS AND RESOLUTIONS, VOL. I_______
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. (2) Taxes levied by or on behalf of a local board of education may be expended for employer contributions, but not employee contributions, required for insurance coverage of members of that board as provided in paragraph (1) of this subsection. Taxes levied by or on behalf of a local board of education also may be expended for contributions authorized in paragraph (3) of this subsection. Such expenditures on behalf of any member may continue only as long as that member continues in office and makes any employee contribution required for such coverage. That member, and eligible dependents thereof, shall be ineligible for coverage pursuant to the provisions of paragraph (1) of this subsection upon such person's ceasing to serve as a member of a local board of education. Such expenditures on behalf of any member in accordance with paragraph (3) ofthis subsection may continue only as long as that member continues in office and makes any contribution which is not the result of the board of education's decision to allow its members to participate in the health insurance plan. Expenditures authorized by this Code section shall be in addition to, and not in lieu of, any salary, expense, per diem, or other compensation payable to that member of a local board of education. (3) If a board member is already a member of a health insurance plan established by Article 1 of Chapter 18 of Title 45 as a retired employee and the result of the board of education's decision to allow its members to participate is to establish dual eligibility for a member and thus to increase the cost to such member of the state insurance plan, then the local board may pay any additional cost imposed on such member as a result of the local board's decision to allow its members to participate in coverage under paragraph (1) of this subsection."
SECTION 2. Code Section 45-18-5 of the Official Code of Georgia Annotated, relating to coverage of county officers and employees under the state employees' health insurance plan, is amended by striking subsection (c. 1) and inserting in lieu thereof the following:
"(c. 1) 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."

____________GEORGIA LAWS 2002 SESSION__________843
SECTION 3. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without such approval.
SECTION 4. All laws and parts of laws in conflict with this Act are repealed.
Approved May 13, 2002.
CRIMINAL PROCEDURE - VICTIM COMPENSATION AWARDS; AMOUNTS ALLOWED; INCREASE PROBATIONER FEES.
Code Sections 17-15-2, 17-15-8, and 17-15-13 Amended.
No. 840 (House Bill No. 1142).
AN ACT
To amend Chapter 15 of Title 17 of the Official Code of Georgia Annotated, relating to victim compensation, so as to change certain provisions relating to victim compensation awards, maximum amounts allowed, types of awards authorized, and effective date of awards; to increase the fee charged to probationers; to provide for authority; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. The General Assembly declares that this Act is enacted pursuant to the provisions of Article III, Section VI, Paragraph VI(f) of the Constitution of the State of Georgia.
SECTION 2. Chapter 15 ofTitle 17 ofthe Official Code ofGeorgia Annotated, relating to victim compensation, is amended by striking paragraph (3) of Code Section 17-15-2, relating to definitions, and inserting in lieu thereof the following:
"(3) 'Crime' means: (A) An act which constitutes hit and run as defined in Code Section 40-6-270, homicide by vehicle as defined in Code Section 40-6-393, serious injury by vehicle as defined in Code Section 40-6-394, or any act which constitutes a violent crime as defined by state or federal law which results in physical injury or death to the victim and which is committed:

844______GENERAL ACTS AND RESOLUTIONS, VOL. I________

(i) In this state; (ii) In a state which does not have a victims' compensation program, if the victim is a resident of this state; or (iii) In a state which has compensated the victim in an amount less than the victim would be entitled to pursuant to this chapter, if the victim is a resident of this state; (B) An act which constitutes international terrorism as defined in 18 U.S.C. Section 2331 which results in physical injury or death to the victim, if the victim is a resident ofthis state and is outside the territorial boundaries ofthe United States when such act is committed; or (C) An act of mass violence which results in physical injury or death to the victim, if the victim is a resident of this state and is outside the territorial boundaries of the United States when such act is committed."

SECTION 3. Said chapter is further amended in Code Section 17-15-8, relating to limits on awards, maximum amounts allowed, types of awards authorized, and effective date of awards for victim compensation, by striking subsections (c) and (j) and inserting in lieu thereof the following:
"(c)(l) Notwithstanding any other provisions of this chapter, no award made under the provisions of this chapter shall exceed $ 1,000.00 in the aggregate; provided, however, with respect to any claim filed with the board as a result of a crime occurring on or after July 1,1994, no award made under the provisions of this chapter payable to a victim and to all other claimants sustaining economic loss because of injury to or death of such victim shall exceed $5,000.00 in the aggregate; provided, however, with respect to any claim filed with the board as a result of a crime occurring on or after July 1, 1995, no award made under the provisions of this chapter payable to a victim and to all other claimants sustaining economic loss because of injury to or death of such victim shall exceed S10,000.00 in the aggregate; provided, further, with respect to any claim filed with the board as a result of a crime occurring on or after July 1, 2002, no award made under the provisions of this chapter payable to a victim and to all other claimants sustaining economic loss because of injury to or death of such victim shall exceed $25,000.00 in the aggregate. (2) No award under this chapter for the following losses shall exceed the maximum amount authorized:

Category

Maximum Award

Lost Wages

$10,000.00

Funeral Expenses

3,000.00

Financial Hardship or Loss of Support

10,000.00

Medical

15,000.00

____________GEORGIA LAWS 2002 SESSION__________845

Counseling

3,000.00

Crime Scene Sanitization

1,500.00"

"(j) In any case where a crime results in death, the spouse, children, parents, or siblings of such deceased victim may be considered eligible for an award for the cost of psychological counseling which is deemed necessary as a direct result of said criminal incident. The maximum award for said counseling expenses shall not exceed $3,000.00 in the aggregate."

SECTION 4. Said chapter is further amended in Code Section 17-15-13, relating to fees charged to probationers owing a debt to the state, by striking subsection (f) and inserting in lieu thereof the following:
"(f) In every case where an individual is serving under active probation supervision and paying a supervision fee, $9.00 per month shall be added to any supervision fee collected by any entity authorized to collect such fees and shall be paid into the Georgia Crime Victims Emergency Fund. This subsection shall apply to probationers supervised under either Code Section 42-8-20 or 42-8-100. The probation supervising entity shall collect and forward the $9.00 fee to the Georgia Crime Victims Compensation Board by the end of each month."

SECTION 5. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

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

Approved May 13, 2002.

846______GENERAL ACTS AND RESOLUTIONS, VOL. I________
LABOR AND INDUSTRIAL RELATIONS - STATE BOARD OF WORKERS' COMPENSATION; PROVISION OF DATA TO OTHER GOVERNMENTAL ENTITIES; CERTIFICATION AND LICENSING OF REHABILITATION SUPPLIERS; PAYMENT OF BENEFITS.
Code Sections 34-9-12, 34-9-200.1, and 34-9-221 Amended.
No. 841 (House Bill No. 1155).
AN ACT
To amend Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to workers compensation, so as to provide that the State Board of Workers' Compensation shall provide certain data to state and federal government entities as authorized by law; to change certain provisions relating to certification or licensing of rehabilitation suppliers; to remove the requirement that income benefit checks must be drawn on a Georgia depository; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to workers' compensation, is amended by striking in its entirety subsection (b) of Code Section 34-9-12, relating to employer's record ofinjuries, and inserting in lieu thereof a new subsection (b) to read as follows:
"(b) The records of the board, insofar as they refer to accidents, injuries, and settlements, shall not be open to the public but only to the parties satisfying the board of their interest in such records and their right to inspect them. The board shall provide data contained on Employers' First Report ofInjury forms reporting fatalities to the Georgia Department of Labor and the United States Department of Labor for use in the Census of Fatal Occupational Injuries Program. The board shall provide data to such other state and federal governmental entities or departments as required by law. Under such reasonable rules and regulations as the board may adopt, the records of the board as to any employee in any previous case in which such employee was a claimant shall be open to and made available to such claimant, to an employer or its insurance carrier which is called upon to pay compensation, medical expenses, or funeral expenses, and to any party at interest, except that the board may make such reasonable charge as it deems proper for furnishing information by mail and for copies of records."

____________GEORGIA LAWS 2002 SESSION__________847
SECTION 2. Said chapter is further amended by striking subsection (f) of Code Section 34-9-200.1, relating to rehabilitation benefits, and inserting in lieu thereof a new subsection (f) to read as follows:
"(f) Any rehabilitation supplier shall have a certification or license as set forth by board rule and shall be registered with the State Board of Workers' Compensation. The board shall have the authority to refuse to register an applicant as a rehabilitation supplier, to remove a rehabilitation supplier from a case, to require corrective actions of a rehabilitation supplier, to assess penalties as provided under Code Section 34-9-18 against a rehabilitation supplier, or to suspend or revoke the board registration of a rehabilitation supplier for failure to comply with this chapter or the rules and regulations ofthe board or the standards of ethics of the applicable licensing or certifying body. Revocation of registration shall be determined in a hearing before an administrative law judge and an adverse decision may be appealed as provided under Code Sections 34-9-103 and 34-9-105. The board shall establish by rule based upon recognized qualifications, educational standards, and competency in the field of rehabilitation suppliers, as determined and set out by the board, those persons who will be authorized to provide rehabilitation services to injured employees under this chapter."
SECTION 3. Said chapter is further amended by striking in its entirety subsection (a) of Code Section 34-9-221, relating to the payment of income benefits, and inserting in lieu thereof the following:
"(a) Income benefits shall be paid periodically, promptly, and directly to the person entitled thereto, without an award, except where liability is controverted by the employer. Payments shall be made in cash, by negotiable instrument, or, upon agreement of the parties, by electronic funds transfer."
SECTION 4. All laws and parts of laws in conflict with this Act are repealed.
Approved May 13, 2002.

848______GENERAL ACTS AND RESOLUTIONS, VOL. I______
INSURANCE - MOTOR VEHICLE ACCIDENT REPARATIONS; PAYMENT OF INSURANCE PROCEEDS TO MULTIPLE LIENHOLDERS IN EVENT OF TOTAL LOSS OF VEHICLE; ACCESS TO RECORDS OF DEPARTMENT OF MOTOR VEHICLE SAFETY.
Code Section 40-3-36 Amended. Code Sections 33-34-9 and 40-3-61 Enacted.
No. 842 (House Bill No. 1157).
AN ACT
To amend Chapter 34 of Title 33 of the Official Code of Georgia Annotated, relating to motor vehicle accident reparations, so as to allow limited access by insurers to the records of the Department of Motor Vehicle Safety under certain circumstances; to amend Chapter 3 of Title 40 of the Official Code of Georgia Annotated, relating to certificates of title, security interests, and liens on motor vehicles, so as to provide for the application of the proceeds of an insurance policy to multiple lienholders in the event of a total loss of the vehicle; to provide for the issuance of a title to the insurer after payment of a total loss; to provide for application for a certificate of title for a transferee other than by voluntary transfer, naming the insurer as transferee, in certain circumstances; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Chapter 34 of Title 33 of the Official Code of Georgia Annotated, relating to motor vehicle accident reparations, is amended by inserting a new Code Section 33-34-9 to read as follows:
"33-34-9. (a) Notwithstanding any other provision of law, in any claim involving a total loss of a vehicle which is subject to more than one lien, the proceeds of an insurance policy shall be applied to pay in full the debt owed to the senior lienholder before any proceeds of an insurance policy shall be applied to any other lien on the vehicle. (b) For the purpose of implementing this Code section, at the discretion of the Commissioner of the Department of Motor Vehicle Safety, an insurer may be granted access via electronic means to individual motor vehicle records. Any such access shall be in accordance with Code Section 40-3-23, and the Department of Motor Vehicle Safety shall establish the application and approval process before allowing any such access. The information provided to an insurer pursuant to this Code section shall be limited to the verification of the vehicle

____________GEORGIA LAWS 2002 SESSION________849
owner's name, vehicle information, and any recorded security interests or liens as shown on the records of the Department of Motor Vehicle Safety."
SECTION 2. Chapter 3 of Title 40 of the Official Code of Georgia Annotated, relating to certificates of title, security interests, and liens on motor vehicles, is amended in Code Section 40-3-36, relating to cancellation of certificates of title for scrap, dismantled, or demolished vehicles; salvage certificates of title; and removal of license plates, by inserting a new subsection to be designated subsection (a. 1) to read as follows:
"(a. 1) In the case of a motor vehicle which is subject to more than one perfected security interest or lien which motor vehicle is a total loss, if the insurer is to acquire title to the damaged motor vehicle, the holder of the senior security interest or lien, upon receipt of the settlement proceeds of the insurance policy in accordance with Code Section 33-34-9, shall apply for a new certificate oftitle for a transferee other than by voluntary transfer in accordance with subsection (b) of Code Section 40-3-35, naming the insurer only as transferee."
SECTION 3. Said chapter is further amended by adding a new Code Section 40-3-61 to read as follows:
"40-3-61. Notwithstanding any other provision of law to the contrary, in any claim involving the total loss of a vehicle which is subject to more than one perfected security interest or lien as recorded on the title of the vehicle, the proceeds of the insurance policy shall be first applied to the debt owed to the first lienholder. In the event, that there are proceeds remaining after satisfying the first lienholder, the proceeds shall be then applied to the debt owed to the second and subsequent lienholders in order of priority and any proceeds remaining after the satisfaction of all such recorded liens shall be paid to the insured. If the amount of debt secured by such security interests or liens or the seniority of such security interests or liens is in doubt, any remaining funds shall be deposited with the court and a complaint for interpleader shall be filed in accordance with Code Section 9-11-22."
SECTION 4. All laws and parts of laws in conflict with this Act are repealed.
Approved May 13,2002.

850______GENERAL ACTS AND RESOLUTIONS, VOL. I________
HEALTH - CERTIFIED SEPTIC TANK INSTALLER OR PUMPER; BONDS.
Code Section 31-2-7 Amended.
No. 843 (House Bill No. 1163).
AN ACT
To amend Chapter 2 of Title 31 of the Official Code of Georgia Annotated, relating to the Department of Human Resources, so as to prohibit a county, municipality, or state agency from requiring a certified septic tank installer or pumper who has provided a $10,000.00 bond from furnishing a code compliance bond; to provide for a certified septic tank installer or pumper to file a copy of a bond with the county or municipal health department in the political subdivision where the work is being done; to exclude bonding requirements involving contracts for public works from these 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 2 of Title 31 of the Official Code of Georgia Annotated, relating to the Department of Human Resources, is amended by adding a new subsection (c) to Code Section 31-2-7, relating to standards for sewage management systems, to read as follows:
"(c)(l) This subsection shall not be construed to prohibit the governing authority of any county or municipality in the state from adopting and enforcing codes at the local level; provided, however, that no county, municipality, or state agency may require any certified septic tank installer or certified septic tank pumper who has executed and deposited a bond as authorized in paragraph (2) of this subsection to give or furnish or execute any code compliance bond or similar bond for the purpose of ensuring that all construction, installation, or modifications are made or completed in compliance with the county or municipal ordinances or building and construction codes. (2) In order to protect the public from damages arising from any work by a certified septic tank installer or certified septic tank pumper, which work fails to comply with any state construction codes or with the ordinances or building and construction codes adopted by any county or municipal corporation, any such certified septic tank installer or certified septic tank pumper may execute and deposit with the judge of the probate court in the county of his or her principal place of business a bond in the sum of $ 10,000.00. Such bond shall be a cash bond of $10,000.00 or executed by a surety authorized and qualified to write surety bonds in the State of Georgia and shall be approved by the local

____________GEORGIA LAWS 2002 SESSION__________851
county or municipal health department. Such bond shall be conditioned upon all work done or supervised by such certificate holder complying with the provisions of any state construction codes or any ordinances or building and construction codes of any county or municipal corporation wherein the work is performed. Action on such bond may be brought against the principal and surety thereon in the name of and for the benefit of any person who suffers damages as a consequence of said certificate holder's work not conforming to the requirements of any ordinances or building and construction codes; provided, however, that the aggregate liability of the surety to all persons so damaged shall in no event exceed the sum of such bond. (3) In any case where a bond is required under this subsection, the certified septic tank installer or certified septic tank pumper shall file a copy of the bond with the county or municipal health department in the political subdivision wherein the work is being performed. (4) The provisions of this subsection shall not apply to or affect any bonding requirements involving contracts for public works as provided in Chapter 10 of Title 13."
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.
Approved May 13, 2002.
COURTS - SUPERIOR COURTS; ADDITIONAL JUDGE FOR ALCOVY JUDICIAL CIRCUIT.
Code Section 15-6-2 Amended.
No. 844 (House Bill No. 1175).
AN ACT
To amend Code Section 15-6-2 ofthe Official Code of Georgia Annotated, relating to the number of superior court judges for each judicial circuit, so as to create a new fourth superior court judgeship for the Alcovy Judicial Circuit; to provide for the initial appointment and term of office of such judge; to provide for the qualifications and for the compensation, salary, and expense allowance of said judge to be paid by the State of Georgia and the counties comprising the judicial circuit; to provide for jurors; to provide for powers, duties, and responsibilities of judges of said circuit; to provide for an additional court reporter and personnel and the compensation of such reporter and personnel; to declare inherent authority; to provide effective dates; to repeal conflicting laws; and for other purposes.

852______GENERAL ACTS AND RESOLUTIONS, VOL. I________
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Code Section 15-6-2 of the Official Code of Georgia Annotated, relating to the number of superior court judges for each judicial circuit, is amended by striking paragraph (2) in its entirety and inserting in lieu thereof a new paragraph (2) to read as follows:
"(2) Alcovy Circuit .......................................... 4"
SECTION 2. The additional judge of the superior courts of the Alcovy Judicial Circuit shall be appointed by the Governor for a term beginning July 1, 2002, and expiring December 31, 2004, and until his or her successor is elected and qualified. At the general election to be held in 2004, there shall be elected a successor to the first additional judge appointed as provided for in this Act, and he or she shall take office on the first day of January, 2005, 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 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 3. The additional judge of the superior courts of the Alcovy 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 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 4. The compensation, salary, and contingent expense allowance of said additional judge of the superior courts of the Alcovy 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 counties comprising said circuit in the same manner and to the same extent as the present superior court judges of said circuit are paid.
SECTION 5. All writs, processes, orders, subpoenas, and any other official papers issuing out of the superior courts of the Alcovy 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.

____________GEORGIA LAWS 2002 SESSION__________853
SECTION 6. The drawing and impaneling of all jurors, whether grand, petit, or special, may be by any of the judges of the superior courts of said circuit; and any such judge of the superior courts of said circuit shall have full power and authority to draw and impanel jurors for service in said courts 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 7. The four judges of the superior courts of the Alcovy Judicial Circuit shall be authorized 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 of the present court reporters of the Alcovy Judicial Circuit as the same is now fixed or may hereafter be fixed.
SECTION 8. The governing authorities of the counties comprising the Alcovy Judicial Circuit are authorized to provide suitable courtrooms, jury rooms, and chambers for the judges of the superior courts of the Alcovy Judicial Circuit upon the recommendation of said judges.
SECTION 9. (a) For purposes of making the initial appointment of the judge to fill the superior court judgeship 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, this Act shall become effective July 1, 2002.
SECTION 10. All laws and parts of laws in conflict with this Act are repealed.
Approved May 13, 2002.

854______GENERAL ACTS AND RESOLUTIONS, VOL. I_______
WILLS, TRUSTS, AND ADMINISTRATION OF ESTATES FOREIGN TRUSTEES; INCLUDE CERTAIN FINANCIAL INSTITUTIONS AND NATIONAL BANKING ASSOCIATIONS IN DEFINITION OF "FOREIGN CORPORATION."
Code Section 53-12-390 Amended.
No. 845 (House Bill No. 1176).
AN ACT
To amend Article 16 of Chapter 12 of Title 53 of the Official Code of Georgia Annotated, relating to foreign trustees, so as to include in the definition of "foreign corporation" any financial institution whose deposits are federally insured, any corporation organized or existing under the laws of any state which borders upon this state, and any national banking association whose deposits are federally insured; 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 16 of Chapter 12 of Title 53 of the Official Code of Georgia Annotated, relating to foreign trustees, is amended by striking Code Section 53-12-390, relating to the definition of "foreign corporation" and inserting in its place the following:
"53-12-390. As used in this part, the term 'foreign corporation' means:
(1) Any financial institution whose deposits are federally insured which is organized or existing under the laws of any state of the United States, other than Georgia, or any subsidiary of such financial institution; (2) Any other corporation organized or existing under the laws of any state of the United States which borders upon this state, namely, Florida, Alabama, Tennessee, North Carolina, or South Carolina; and (3) Any federally chartered financial institution whose deposits are federally insured having its principal place of business in any state of the United States, other than Georgia, or any subsidiary of such financial institution."
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.
Approved May 13,2002.

____________GEORGIA LAWS 2002 SESSION__________855
REVENUE AND TAXATION - STATE SALES AND USE TAX; EXEMPTION FOR SALES TO ANY
AGRICULTURAL COMMODITIES COMMISSION.
Code Section 48-8-3 Amended.
No. 846 (House Bill No. 1180).
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 to any agricultural commodities 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. Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to exemptions from state sales and use tax, is amended by adding a new paragraph immediately following paragraph (6.1), to be designated paragraph (6.2), to read as follows:
"(6.2) Sales to any agricultural commodities commission created by and regulated pursuant to Chapter 8 of Title 2;"
SECTION 2. This Act shall become effective on July 1, 2002.
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.
Approved May 13, 2002.

856______GENERAL ACTS AND RESOLUTIONS, VOL. I_________
PROFESSIONS AND BUSINESS - STRUCTURAL PEST CONTROL; EXAMINATIONS; QUALIFICATIONS OF OPERATORS; INSURANCE REQUIREMENTS; PENALTIES.
Code Sections 43-45-9, 43-45-12, 43-45-24, and 43-45-25 Amended.
No. 847 (House Bill No. 1182).
AN ACT
To amend Chapter 45 of Title 43 of the Official Code of Georgia Annotated, known as the "Structural Pest Control Act," so as to change the provisions relating to examinations; to provide for additional qualifications for operators; to provide for insurance requirements; to provide that certain conduct shall be unlawful; to change the provisions relating to penalties and provide for additional penalties; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Chapter 45 of Title 43 of the Official Code of Georgia Annotated, known as the "Structural Pest Control Act," is amended by striking Code Section 43-45-9, relating to examination for certification as an operator, evidence from applicants as to employment of qualified operators, and insurance requirements, and inserting in its place the following:
"43-45-9. (a) All applicants for examination for certification as an operator must have a knowledge of the practical and scientific facts underlying the practice of structural pest control, control of wood-destroying organisms, and fumigation and the necessary knowledge and ability to recognize and control those hazardous conditions which may affect human life and health. The commission may refuse to examine anyone convicted of a crime involving moral turpitude. (b) Each applicant must present satisfactory evidence to the commission concerning his or her qualifications which must include at least one of the following:
(1) Two years' actual experience relating to service, one year of which must have been, within the last five years, as an employee, employer, or owner-operator in the field of household pest control, control of wood-destroying organisms, or fumigation, for whichever license is applied for; (2) One or more years' specialized training in household pest control, control of wood-destroying organisms, or fumigation, or any combination thereof, under university or college supervision as a substitute for practical experience

____________GEORGIA LAWS 2002 SESSION__________857
at the ratio of one year of schooling for one-fourth year practical experience; or (3) A degree from a recognized college or university with advanced training or major in entomology, sanitary or public health engineering, or related subjects, including sufficient practical experience of structural pest control work under proper supervision. (c) Each applicant for a license shall present evidence satisfactory to the commission that the business entity desiring the license has in its employ one or more qualified operators to engage in the business of structural pest control as provided in this chapter. (d) Each applicant for a license shall submit with the application and each licensee shall submit at the time of renewal of the license a certificate of insurance verifying coverage from an insurance company licensed to do business in this state. Such coverage shall be in the amount of not less than $50,000.00 per occurrence, with a minimum annual aggregate of $200,000.00 for all occurrences, and shall insure the licensee's business against bodily injury and property damage claims. The insurance shall also cover claims for pollution liability caused by sudden and accidental discharge or release of pollutants. (e) In addition to the insurance coverage specified in subsection (d) of this Code section, each licensee for control of wood-destroying organisms shall submit on July 1,2002, or within 30 days thereafter, each applicant for a license for control ofwood-destroying organisms shall submit with the application for a license, and each licensee for control of wood-destroying organisms shall submit at the time of renewal of the license a certificate of insurance verifying coverage during the term of the license from an insurance company licensed to do business in this state. Such coverage shall be in the amount of not less than $100,000.00 per occurrence, with a minimum annual aggregate of$500,000.00 for all occurrences and shall insure the licensee's business against bodily injury and property damage claims arising from the licensee's treatment or services for control of wood-destroying organisms including, without limitation, errors and omission coverage on an occurrence basis. (f) No license shall be issued or renewed and no business license shall be issued by a political subdivision pursuant to Code Section 43-45-15 until the insurance requirements of this Code section are met. The minimum insurance coverages required by this Code section must be maintained during the entire period oftime a license is in force, and the licensee shall furnish the name, address, and contact telephone number of the insurance carrier to each person receiving treatment or service from the licensee each time treatment or service is furnished. Policies shall contain a cancellation provision whereby notification of cancellation is made by the insurer to and actually received by the commission, through the Structural Pest Control Section of the Department of Agriculture, not less than 30 days prior to the cancellation. Any license or renewal of a license shall be suspended automatically by operation of law if the insurance coverages are not in force or are canceled for any reason, unless equivalent insurance is then in effect. It shall be the duty of the licensee to notify the commission that

858______GENERAL ACTS AND RESOLUTIONS, VOL. I__________
equivalent insurance is in effect and furnish proof of such insurance to the commission. If the license or renewal license is not reinstated within three months, it shall be revoked by operation of law without a hearing."
SECTION 2. Said chapter is further amended by striking subsection (b) of Code Section 43-45-12, relating to suspension, cancellation, and revocation of licenses, certifications, and registrations and unlawful acts, and inserting in lieu thereof the following:
"(b) Any licensee, certified operator, or registered employee who shall: (1) Make representations for the purpose of defrauding; deceive or defraud another; (2) Make a false statement with knowledge of its falsity for the purpose of inducing another to act thereon to his detriment; (3) Use methods or materials that are not suitable; or use any fumigant, insecticide, rodenticide, attractant, or repellant in a manner inconsistent with its labeling or other restrictions imposed by the commission or the Commissioner; (4) Fail to give the commission or its authorized representative, or the enforcing agency, upon demand or request, true information regarding methods and materials used, work performed, or other information essential to administration of this chapter; (5) Make any intentional misrepresentation of a material fact in an application for a license, certification, or registration; or (6) Fail to perform, report, or submit the appropriate fees consistent with rules and regulations promulgated pursuant to this chapter
shall be guilty of a misdemeanor for the first offense. For the second or any subsequent offense, any person violating this chapter shall be guilty of a misdemeanor of a high and aggravated nature and, upon conviction, shall be punished as provided in Code Section 17-10-4."
SECTION 3. Said chapter is further amended by striking subsection (a) of Code Section 43-45-24, relating to engaging in structural pest control without a license, and inserting in lieu thereof the following:
"(a) Any person, firm, corporation, association, or any other organization or combination thereof who shall engage in, solicit, supervise, advertise, represent himself to be in, hold himself out as being in, or purport to be, a manager, owner, operator-owner, operator or agent (other than a registered employee), or agent in household pest control, control of wood-destroying organisms, fumigation, or related work, without having first secured a license issued for that purpose by the commission, shall be guilty of a misdemeanor for the first offense. For the second or any subsequent offense, any person violating this chapter shall be guilty of a misdemeanor of a high and aggravated nature and, upon conviction,

____________GEORGIA LAWS 2002 SESSION_________859
shall be punished as provided in Code Section 17-10-4. Each violation shall constitute a separate offense."
SECTION 4. Said chapter is further amended by striking Code Section 43-45-25, relating to penalties, and inserting in its place the following:
"43-45-25. Except as otherwise provided in this chapter, any person violating this chapter shall be guilty of a misdemeanor for the first offense. For the second or any subsequent offense, any person violating this chapter shall be guilty of a misdemeanor of a high and aggravated nature, and, upon conviction, shall be punished as provided in Code Section 17-10-4. Each such violation shall constitute a separate offense."
SECTION 5. All laws and parts of laws in conflict with this Act are repealed.
Approved May 13, 2002.
COURTS - RECORDATION AND INDEX OF MILITARY SERVICE RECORDS; AVAILABILITY OF COPIES.
Code Section 15-6-72 Amended.
No. 848 (House Bill No. 1203).
AN ACT
To amend Code Section 15-6-72 of the Official Code of Georgia Annotated, relating to the recordation and index of military service records, so as to provide that certain military records recorded in the superior courts shall not be subject to public inspection; to provide for confidential treatment of such records; to provide for persons who may review and receive copies of such records; to provide for procedures; to provide for violations and specify penalties; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Code Section 15-6-72 of the Official Code of Georgia Annotated, relating to the recordation and index of military service records, is amended by inserting at the end thereof the following:

860______GENERAL ACTS AND RESOLUTIONS, VOL. I_________
"(c)(l) Any DD 214 record filed pursuant to this Code section shall for a period of 50 years following its filing be exempt from Chapter 18 of Title 50, relating to open records. During that 50 year period, it shall be unlawful for any person to permit inspection of any such record, to disclose information contained in any such record, or to issue a copy of all or any part of such record except as authorized by this subsection or by order of a court of competent jurisdiction. (2) Upon presentation of proper identification, any of the following persons may examine a record filed pursuant to this Code section or obtain free of charge a copy or certified copy of all or part of such record:
(A) The person who is the subject of the record; (B) The spouse or next of kin of the person who is the subject of the record; (C) A person named in an appropriate power of attorney executed by the person who is the subject of the record; (D) The administrator, executor, guardian, or legal representative of the person who is the subject of the record; or (E) An attorney for any person specified in subparagraphs (A) through (D) of this paragraph. (3) Records kept pursuant to this Code section shall not be reproduced or used in whole or in part for any commercial or speculative purposes. (4) Any individual, agency, or court which obtains information pursuant to this subdivision shall not disseminate or disclose such information or any part thereof except as authorized in this subsection or otherwise by law. (5) Violation of this subsection shall constitute a misdemeanor and shall be punished by a fine not to exceed $5,000.00; provided, however, that the clerk of the superior court shall not be liable and shall be held harmless for any act of any person who copies, reproduces, or uses records in violation of this subsection."
SECTION 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.
Approved May 13, 2002.

____________GEORGIA LAWS 2002 SESSION__________861
SOCIAL SERVICES - ACCESS TO CHILD ABUSE RECORDS BY CERTAIN CHILD PLACEMENT AGENCIES, CHILD CARING INSTITUTIONS, AND COURT APPOINTED ADOPTION INVESTIGATORS.
Code Section 49-5-41 Amended.
No. 849 (House Bill No. 1210).
AN ACT
To amend Chapter 5 of Title 49 of the Official Code of Georgia Annotated, relating to programs and protection for children and youth, so as to permit licensed child-placing agencies, licensed child-caring institutions assisting the Department of Human Resources to provide foster or adoptive homes for children in the department's custody, or court appointed investigators investigating pending adoption petitions to have access to records of child abuse; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Chapter 5 of Title 49 of the Official Code of Georgia Annotated, relating to programs and protection for children and youth, is amended by striking paragraph (2) of subsection (c) of Code Section 49-5-41, relating to persons and agencies permitted access to records, and inserting in its place the following:
"(2) A licensed child-placing agency, a licensed child-caring institution ofthis state which is assisting the Department of Human Resources by locating or providing foster or adoptive homes for children in the custody of the department, or an investigator appointed by a court of competent jurisdiction of this state to investigate a pending petition for adoption;"
SECTION 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.
Approved May 13, 2002.

862______GENERAL ACTS AND RESOLUTIONS, VOL. I_______
CRIMES AND OFFENSES - AGGRAVATED STALKING; VIOLATION OF GOOD BEHAVIOR BOND INCLUDED.
Code Section 16-5-91 Amended.
No. 850 (House Bill No. 1206).
AN ACT
To amend Code Section 16-5-91 of the Official Code of Georgia Annotated, relating to aggravated stalking, so as to include a good behavior bond as an order which, if violated, is included in the aggravated stalking statute; 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 16-5-91 of the Official Code of Georgia Annotated, relating to aggravated stalking, is amended by striking subsection (a) and inserting in lieu thereof the following:
"(a) A person commits the offense of aggravated stalking when such person, in violation of a bond to keep the peace posted pursuant to Code Section 17-6-110, temporary restraining order, temporary protective order, permanent restraining order, permanent protective order, preliminary injunction, good behavior bond, or permanent injunction or condition of pretrial release, condition of probation, or condition of parole in effect prohibiting the behavior described in this subsection, follows, places under surveillance, or contacts another person at or about a place or places without the consent ofthe other person for the purpose of harassing and intimidating the other person."
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.
Approved May 13,2002.

____________GEORGIA LAWS 2002 SESSION__________863
PROFESSIONS AND BUSINESSES - ACCOUNTANTS; EDUCATION REQUIREMENTS; DISCLOSURE OF COMMISSIONS FOR SALES OF INSURANCE OR FINANCIAL PRODUCTS UNDER CERTAIN
CIRCUMSTANCES; METHOD OF ADMINISTRATION AND FREQUENCY OF EXAMINATIONS.
Code Sections 43-3-6, 43-3-7, 43-3-8, 43-3-13, 43-3-14, and 43-3-15 Amended.
No. 851 (House Bill No. 1215).
AN ACT
To amend Chapter 3 ofTitle 43 ofthe Official Code of Georgia Annotated, relating to regulation ofaccountants, so as to delete provisions allowing waiver ofeducation requirements in certain circumstances for certification as a certified public accountant and as a registered public accountant; to delete provisions describing examinations as written or oral; to delete provisions regarding the frequency of examinations; to require persons taking examinations to meet certain education and experience requirements; to provide for certain disclosures; to provide for penalties for failure to make such disclosures; to change provisions relating to credit for passing a portion or portions of an examination; to delete provisions relating to fees for examinations; to delete provisions allowing oral examinations; 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 of Title 43 of the Official Code of Georgia Annotated, relating to regulation of accountants, is amended by striking Code Section 43-3-6, relating to requirements for certification as a certified public accountant, and inserting in lieu thereof the following:
"43-3-6. (a) The certificate ofcertified public accountant' shall be granted by the board to any person:
(1) Who has attained the age of 18; (2) Who is, in the opinion of the board, of good moral character; (3) Who meets the following requirements of education and experience:
(A)(i) Presentation to the board of such evidence as it may require that the applicant has received a baccalaureate degree or completed the requirements therefor, conferred by a college or university accredited by a national or regional accrediting organization recognized by the board, with a concentration in accounting or what the board determines to be the

864______GENERAL ACTS AND RESOLUTIONS, VOL. I________
substantial equivalent of an accounting concentration, or with a nonaccounting concentration supplemented by what the board determines to be the substantial equivalent of an accounting concentration, including related courses in other areas of business administration, (ii) After January 1, 1998, any person who has not previously sat for the uniform written examination for the certificate of certified public accountant must have completed a total of 150 semester hours or 225 quarter hours of college education, including a baccalaureate degree awarded by a college or university accredited by either a national or regional accrediting organization recognized by the board. The total educational program shall include an undergraduate accounting concentration as defined by the board or what the board determines to be the substantial equivalent of an undergraduate accounting concentration; and (B) Two years continuous experience in public accountancy immediately preceding the date of application for the certificate or within a reasonable time prior to the date of such application as provided by the board by rule, provided that the board may promulgate rules stating certain circumstances which shall constitute acceptable breaks in the continuity of said experience; and provided, further, that the board may accept, in lieu of both of such years' experience in public accounting, evidence satisfactory to it of five years' continuous employment in the accounting field in industry, business, government, or college teaching; any combination of the above; or any combination of the above and practice in public accountancy immediately preceding the date of application for the certificate or what the board determines to be the equivalent thereof; and provided, further, that any person certified as a certified public accountant under the laws of this state on July 1, 1977, shall be deemed to have the experience in the practice of public accountancy required by this subparagraph; and (4) Who shall have passed an examination approved by the board in such related subjects as the board deems appropriate. (b) For the purposes of this Code section, 'good moral character' means fiscal integrity and a lack of any history of acts involving dishonesty or moral turpitude. For failure to satisfy this requirement, the board may refuse to certify an applicant where it finds that there is a substantial connection between the lack of good moral character of the applicant and the professional responsibilities of a licensee and the finding by the board of a lack of good moral character is supported by clear and convincing evidence. When an applicant is found to be unqualified for a certificate because of lack of good moral character, the board shall furnish the applicant a statement containing the findings of the board and a complete listing of the evidence upon which the determination was based, and the applicant may request a hearing on that determination. (c) Any person who holds a certificate as a 'certified public accountant' and who is engaged in the sale of insurance or financial products for which such person receives commissions must disclose in writing to the client the fact that the

____________GEORGIA LAWS 2002 SESSION__________865
person shall receive commissions from the sale to the client of any such insurance or financial products; provided, however, that the person shall not be required to disclose the actual amount of such commissions. A person who violates this subsection shall be guilty of a misdemeanor."
SECTION 2. Said chapter is further amended by striking Code Section 43-3-7, relating to examinations for certified public accountants, and inserting in lieu thereof the following:
"43-3-7.
(a) The board may provide, by regulation, for the general scope of the examination described in paragraph (4) of subsection (a) of Code Section 43-3-6. The board may approve the examination and obtain advice and assistance in providing for and grading such examination and the division director, with approval of the board, may contract with third parties to perform administrative services with respect to the examination as he or she deems appropriate. (b) As a prerequisite to sit for the examination, candidates shall meet the education requirements provided in division (a)(3)(A)(i) of Code Section 43-3-6. (c) An applicant for the certificate of certified public accountant who has successfully completed the examination provided for in paragraph (4) of subsection (a) of Code Section 43-3-6 shall have no status as a certified public accountant until he or she has the requisite education and experience and has received his or her certificate as a certified public accountant. (d) The board, by regulation, may provide for granting a credit to any applicant for satisfactory completion of an examination in any one or more of the subjects provided for in paragraph (4) of subsection (a) of Code Section 43-3-6 given by the licensing authority in another jurisdiction. Such regulations shall include such requirements as the board deems appropriate to ensure that any examination approved as a basis for any such credit, in the judgment of the board, shall be at least as thorough as the examination approved by the board at the time of the granting of such credit. (e) The board, by regulation, may prescribe the time and conditions under which an applicant may retain credit for a portion or portions of the examination provided for in paragraph (4) of subsection (a) of Code Section 43-3-6. (f) Application for certification by persons who are not residents of this state shall constitute the appointment of the Secretary of State as the agent for service of process in any action or proceeding against such applicant arising out of any transaction, activity, or operation connected with or incidental to the practice of public accounting in this state by nonresident holders of certified public accountant certificates."
SECTION 3. Said chapter is further amended by striking Code Section 43-3-8, relating to oral examinations for certified public accountants, and inserting in lieu thereof the following:

866______GENERAL ACTS AND RESOLUTIONS, VOL. I_______
"43-3-8.
Reserved."
SECTION 4. Said chapter is further amended by striking Code Section 43-3-13, relating to requirements for certification as a registered public accountant, and inserting in lieu thereof the following:
"43-3-13.
(a) The certificate of'registered public accountant' shall be granted by the board to any person:
(1) Who has attained the age of 18; (2) Who is, in the opinion of the board, of good moral character; (3) Who meets the following requirements of education and experience:
(A) Presentation to the board of such evidence as it may require that the applicant has received a high school diploma or completed the requirements therefor or what the board determines to be the substantial equivalent of the foregoing; (B) Two years' continuous experience in public accountancy immediately preceding the date of application for the certificate or within a reasonable time prior to the date of such application as provided by the board by rule, provided that the board may promulgate rules stating certain circumstances which shall constitute acceptable breaks in the continuity of said experience; and provided, further, that the board may accept, in lieu of both of such years' experience in public accounting, evidence satisfactory to it of five years' continuous employment in the accounting field in industry, business, government, or college teaching; any combination of the above; or any combination of the above and practice in public accountancy immediately preceding the date of application for the certificate or what the board determines to be the equivalent thereof; and provided, further, that any person registered as a registered public accountant under the laws of this state on July 1,1977, shall be deemed to have the experience in the practice of public accountancy required by this subparagraph; and (4) Who shall have passed an examination in accounting and such related subjects as the board deems appropriate. (b) For the purposes of this Code section, 'good moral character' means fiscal integrity and a lack of any history of acts involving dishonesty or moral turpitude. For failure to satisfy this requirement, the board may refuse to certify an applicant where it finds that there is a substantial connection between the lack of good moral character of the applicant and the professional responsibilities of a licensee and the finding by the board of a lack of good moral character is supported by clear and convincing evidence. When an applicant is found to be unqualified for a certificate because of lack of good moral character, the board shall furnish the applicant a statement containing the findings of the board and a complete listing of the evidence upon which the determination was based, and the applicant may request a hearing on that determination."

____________GEORGIA LAWS 2002 SESSION__________867
SECTION 5. Said chapter is further amended by striking Code Section 43-3-14, relating to examinations for registered public accountants, and inserting in lieu thereof the following:
"43-3-14.
(a) The board may provide, by regulation, for the general scope of the examination described in paragraph (4) of subsection (a) of Code Section 43-3-13. The board may approve the examination and obtain advice and assistance in providing for and grading such examination and the division director, with the approval of the board, may contract with third parties to perform administrative services with respect to the examination as he or she deems appropriate. (b) As a prerequisite to sit for the examination, candidates shall meet the education requirements provided for in subparagraph (a)(3)(A)(i) of Code Section 43-3-13.
(c) An applicant for the certificate of registered public accountant who has successfully completed the examination provided for in paragraph (4) of subsection (a) of Code Section 43-3-13 shall have no status as a registered public accountant until he or she has the requisite education and experience and has received his or her certificate as a registered public accountant. (d) The board, by regulation, may provide for granting a credit to any applicant for satisfactory completion of an examination in any one or more of the subjects provided for by paragraph (4) of subsection (a) of Code Section 43-3-13 given by the licensing authority in another jurisdiction. Such regulations shall include such requirements as the board deems appropriate to ensure that any examination approved as a basis for any such credit, in the judgment of the board, shall be at least as thorough as the examination approved by the board at the time of the granting of such credit. (e) The board, by regulation, may prescribe the time and conditions under which an applicant may retain credit for passing a portion or portions ofthe examination provided for in paragraph (4) of subsection (a) of Code Section 43-3-13. (f) Application for certification by persons who are not residents of this state shall constitute the appointment of the Secretary of State as the agent for service of process in any action or proceeding against such applicant arising out of any transaction, activity, or operation connected with or incidental to the practice of public accounting in this state by nonresident holders of registered public accountant certificates."
SECTION 6. Said chapter is further amended by striking Code Section 43-3-15, relating to oral examinations for registered public accountants, and inserting in lieu thereof the following:
"43-3-15.
Reserved."

GENERAL ACTS AND RESOLUTIONS, VOL. I
SECTION 7. This Act shall become effective on July 1, 2003.
SECTION 8. All laws and parts of laws in conflict with this Act are repealed.
Approved May 13,2002.
REVENUE AND TAXATION - AD VALOREM TAXES; EXEMPTION FOR SURVIVING SPOUSES OF MILITARY
PERSONNEL WHO DIED AS A RESULT OF WAR OR ARMED CONFLICT; REFERENDUM.
Code Section 48-5-52.1 Amended.
No. 852 (House Bill No. 1217).
AN ACT
To amend Part 1 of Article 2 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to exemptions from ad valorem taxation, so as to provide that an exemption from certain ad valorem taxation for the surviving spouses of military personnel killed while serving in a war or armed conflict shall extend to the surviving spouses of such persons who otherwise died as a result of such war or armed conflict; to provide for a referendum, an effective date, and applicability; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Part 1 of Article 2 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to exemptions from ad valorem taxation, is amended by striking in their entirety subsections (a) and (b) of Code Section 48-5-52.1, relating to an exemption from ad valorem taxation for state, county, municipal, and school purposes of homesteads of unremarried surviving spouses of U.S. service members killed in action, and inserting in lieu thereof the following:
"(a) Any person who is a citizen and resident of Georgia and who is an unremarried surviving spouse of a member of the armed forces of the United States, which member has been killed in or has died as a result of any war or armed conflict in which the armed forces of the United States engaged, whether under United States command or otherwise, shall be granted a homestead exemption from all ad valorem taxation for state, county, municipal, and school purposes in the amount of the greater of $32,500.00 or the maximum amount

____________GEORGIA LAWS 2002 SESSION__________869
which may be granted to a disabled veteran under Section 2102 of Title 38 of the United States Code, as amended. As of January 1, 1999, the maximum amount which may be granted to a disabled veteran under the above-stated federal law is $43,000.00. For the purposes of this Code section, the term 'unremarried surviving spouse' of a member of the armed forces includes the unmarried widow or widower of a member of the armed forces who is receiving spousal benefits from the United States Department of Veterans Affairs. The exemption shall be on the homestead which the unremarried surviving spouse owns and actually occupies as a residence and homestead. In the event such surviving spouse remarries, such person shall cease to be qualified to continue the exemption under this Code section effective December 31 of the taxable year in which such person remarries. The value of all property in excess of such exemption granted to such unremarried surviving spouse shall remain subject to taxation. (b) In order to qualify for the exemption provided for in this Code section, the unremarried surviving spouse shall furnish to the tax commissioner ofthe county of residence documents from the Secretary of Defense evidencing that such unremarried surviving spouse receives spousal benefits as a result of the death of such person's spouse who as a member of the armed forces of the United States was killed or died as a result of a war or armed conflict while on active duty or while performing authorized travel to or from active duty during such war or armed conflict in which the armed forces of the United States engaged, whether under United States command or otherwise, pursuant to the Survivor Benefit Plan under Subchapter II of Chapter 73 of Title 10 of the United States Code or pursuant to any preceding or subsequent federal law which provides survivor benefits for spouses of members of the armed forces who were killed or who died as a result of any war or armed conflict."
SECTION 2. Unless prohibited by the federal Voting Rights Act of 1965, as amended, the Secretary of State shall call and conduct an election as provided in this section for the purpose of submitting Section 1 of this Act to the electors of the State of Georgia for approval or rejection. The Secretary of State shall conduct that election on the date of the November, 2002, state-wide general election. The Secretary of State shall issue the call and conduct that election as provided by general law. The Secretary of State shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof in the official organ of each county in the state. The ballot shall have written or printed thereon the words:
"YES ( ) Shall the Act be approved which provides that an exemption from certain ad valorem taxation for the surviving spouses of military
NO ( ) personnel killed while serving in a war or armed conflict shall extend to the surviving spouses of such persons who otherwise died as a result of such war or armed conflict?"

870______GENERAL ACTS AND RESOLUTIONS, VOL. I________
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 ofthe votes cast on such question are for approval ofthe Act, Section 1 of this Act shall become of full force and effect January 1,2003, and shall apply to all taxable years beginning on or after such date. If Section 1 of this Act is not so approved or if the election is not conducted as provided in this section, Section 1 of this Act shall not become effective and this Act shall be automatically repealed on the first day of January immediately following that election date.
SECTION 3. Except as otherwise provided in Section 2 of this Act, this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 4. All laws and parts of laws in conflict with this Act are repealed.
Approved May 13, 2002.
INVESTMENT CAPITAL STUDY COMMITTEE - CREATED.
No. 42 (Senate Resolution No. 668).
A RESOLUTION
Creating the Investment Capital Study Committee; and for other purposes.
WHEREAS, small businesses with innovative ideas have few options for securing investment capital in Georgia, and many leave Georgia in search of funding to continue their innovative investigations on the road to commercial success; and
WHEREAS, while federal small business innovative research grants exist, Georgia does not take full advantage of these programs as other states do; and
WHEREAS, even beyond federal programs, more action must be taken to ensure that the next wave of economic growth does not pass by Georgia in search of more friendly environments.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that there is created the Investment Capital Study Committee to be composed oftwo members from the House Ways and Means Committee appointed by the Speaker of the House of Representatives; two members from the Senate Finance and Public Utilities Committee appointed by the President of the Senate;

____________GEORGIA LAWS 2002 SESSION__________871
four members representing senior managers from innovative entrepreneurial companies, two to be appointed by the Speaker ofthe House ofRepresentatives and two to be appointed by the President of the Senate; two members from private equity or venture capital investment firms, one to be appointed by the Speaker of the House of Representatives and one to be appointed by the President of the Senate; and two members with backgrounds in tax policy, one to be appointed by the Speaker of the House of Representatives and one to be appointed by the President of the Senate. The chairperson of the committee shall be one of the private sector appointments selected by a majority of the members present at the first organizational meeting.
BE IT FURTHER RESOLVED that the committee 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 committee deems necessary or appropriate. The 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 of this resolution. The legislative members of the committee shall receive the allowances provided for in Code Section 28-1-8 of the Official Code of Georgia Annotated. The citizen members of the committee shall receive a daily expense allowance in the amount specified in subsection (b) ofCode Section 45-7-21 of the Official Code of Georgia Annotated as well as the mileage or transportation allowance authorized for state employees. The funds necessary to carry out the provisions of this resolution shall come from funds appropriated to the Senate and the House of Representatives. The expenses and allowances authorized by this resolution shall not be received by any member ofthe committee for more than five days unless additional days are authorized. 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, 2002. The committee shall stand abolished on December 31, 2002.
Approved May 13, 2002.
STATE PROPERTY - CONVEYANCE TO MORNINGSTAR TREATMENT SERVICES, INC.
No. 43 (Senate Resolution No. 852).
A RESOLUTION
Conveying the reversionary interest of the state in certain real property located in Glynn County, Georgia, heretofore conveyed pursuant to resolutions of the General

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Assembly to Boys Estate Incorporated, later known as Youth Estate, Inc., and now known as Morningstar Treatment Services, Inc.; to repeal conflicting laws; and for other purposes.
WHEREAS, the State of Georgia has heretofore conveyed a certain tract of land located in Glynn County, Georgia, to Boys Estate Incorporated, a charitable organization, so that the said property might be developed and used as a charitable home for underprivileged boys; and
WHEREAS, the said conveyance was authorized by resolution of the General Assembly, found at Ga. E. 1946, p. 709; and
WHEREAS, the said conveyance was made upon the condition that the said property be used for the exclusive purpose of a charitable home for underprivileged boys, the said condition being expressed as a reverter, which upon its occurrence, will cause the title to the property to revert to the State of Georgia; and
WHEREAS, thereafter and in line with enacted legal requirements and an expansion of its original charitable purpose, Boys Estate Incorporated became Youth Estate, Inc., and began providing a home for underprivileged youth, regardless of sex; and
WHEREAS, by a resolution of the General Assembly found at Ga. E. 1978, p. 2143, a second conveyance of said property was authorized and made, which expanded the reverter condition to be that the property is to be used for the exclusive purpose of providing a charitable home and related facilities for underprivileged youth and that, should the property cease to be used for such purpose for a period of two years, the property is to revert to the state Department of Natural Resources or its successor agency, and with the further condition that in the event title to said property should revert to the state, any and all improvements placed thereon shall become and be the property of the State of Georgia; and
WHEREAS, there exists an urgent need to renovate certain facilities located upon the property in order to increase the number of children who may be served, but such renovations are prevented by the current owner's inability to obtain bank financing because of the reverter condition contained in the deeds from the state; and
WHEREAS, the activities of the current owner, Morningstar Treatment Services, Inc., serve the public interest in this state in that the facility is a certified MATCH facility through the Department of Family and Children Services (DFCS) of the Department of Human Resources (DHR) of the State of Georgia; and

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WHEREAS, the Department of Natural Resources has no present or future use for the property, having been unable to develop it in 1946 as a park as was originally intended when the state acquired the property; and
WHEREAS, Morningstar Treatment Services, Inc., has expressed an interest in acquiring the State of Georgia's reversionary interest in not more than 25 acres of the property originally conveyed to Boys Estate, Inc., said property being the location of the developed tract upon which Morningstar Treatment Services, Inc., facilities are located; and
WHEREAS, it is only fitting and proper that the state recognize the owner's expanded worthy purposes of serving all young people by permitting use of the facility without hindrance from the impossibility of obtaining needed financing caused by the reverter condition; and
WHEREAS, the said property located in Glynn County, Georgia, consists of not more than 25 acres of property which is a portion of the tract which is more particularly described as follows:
"A tract of land containing 350 1/2 acres, more or less, beginning at a point on the north side of local county road, leading from the Coastal Highway to Altama plantation at the center of the abandoned Brunswick-Altamaha Canal, running south 89 degrees and 14' west, a distance of 712.0 feet to a concrete marker; thence north 37 degrees 0' west, a distance of 1134.0 feet to a concrete marker; thence north 13 degrees and 47' west, a distance of 722.9 feet to a concrete marker; thence north 37 degrees 16' west, a distance of 553.2 feet to a concrete marker; thence north 8 degrees and 8' west, a distance of 1045.6 feet to a concrete marker and thence north 28 degrees and 11' east, a distance of 1062 1/2 feet, along an old dam to a concrete marker; thence south 48 degrees east, a distance of 804.6 feet to a concrete marker; thence north 2 degrees and 36' east, a distance of 5305.0 feet along the center of an old rice field drainage ditch to a concrete marker; thence north 87 degrees and 24' west, a distance of 80.0 feet to the bank of the South Altamaha River; thence meandering along the bank of the South Altamaha River to the north and east, to a point in the center of the Brunswick-Altamaha Canal, where it flows into the South Altamaha River; thence along the center of the Brunswick-Altamaha Canal (abandoned) to the beginning point on the edge ofthe county road. This area is bounded on the west by the lands of Cator Woolford; on the north by the South Altamaha River; on the east by the Brunswick-Altamaha Canal (abandoned); and on the south by a local county road."
NOW, THEREFORE, BE IT RESOLVED AND ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

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SECTION 1. That the State of Georgia is the owner of a reversionary interest in the above-described real property and that in all matters relating to the conveyance of the real property interest the State of Georgia is acting by and through its State Properties Commission.
SECTION 2. That the above-described real property interest in not more than 25 acres may be conveyed by appropriate instrument to Morningstar Treatment Services, Inc., by the State of Georgia, acting by and through the State Properties Commission, for a consideration of the fair market value but not less than $650.00 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 should Morningstar Treatment Services, Inc., or its successors or assigns, determine the need to convey all or a portion of the above-described property, containing not more than 25 acres, then prior to any such conveyance, the property must first be offered for reconveyance to the State of Georgia, acting by and through its State Properties Commission, for a consideration of the sum the state received upon the conveyance of the property as authorized by this resolution, plus the cost of any subsequent improvements placed on the property, and such offer for reconveyance shall remain in effect until adjournment sine die of the next regular session of the General Assembly following such offer of reconveyance.
SECTION 4. That the authorization in this resolution to convey the above described property interest to Morningstar Treatment Services, Inc., shall expire three years after the date that this resolution becomes effective.
SECTION 5. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyance.
SECTION 6. That the instrument of conveyance 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 7. That all laws and parts of laws in conflict with this resolution are repealed.
Approved May 13,2002.

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STATE PROPERTY - EASEMENTS TO BALDWIN COUNTY WATER AND SEWER AUTHORITY; JOHN ANTHONY CODY AND HOYT
DODD; MACON WATER AUTHORITY; GEORGIA POWER COMPANY; COBB COUNTY; ELBERT COUNTY; THE UNITED STATES COAST GUARD; GEORGIA TRANSMISSION CORPORATION; CITY OF GAINESVILLE; CITY OF WACO; CITY OF DARIEN; HABERSHAM EMC; CITY OF GLENVILLE; CITY OF TIFTON; AND ATLANTA GAS LIGHT COMPANY.
No. 44 (Senate Resolution No. 575).
A RESOLUTION
Authorizing the granting ofnonexclusive easements for operation and maintenance of facilities, utilities, and ingress and egress in, on, over, under, upon, across, or through property owned by the State of Georgia in Baldwin, Banks, Bibb, Butts, Cobb, Coweta, Elbert, Glynn, Gwinnett, Hall, Haralson, Mclntosh, Rabun, Richmond, Tattnall, Tift, and Upson counties, Georgia; to repeal conflicting laws; and for other purposes.
WHEREAS, the State of Georgia is the owner of certain real property located in Baldwin, Banks, Bibb, Butts, Cobb, Coweta, Elbert, Glynn, Gwinnett, Hall, Haralson, Mclntosh, Rabun, Richmond, Tattnall, Tift, and Upson counties, Georgia; and
WHEREAS, the Baldwin County Water and Sewer Authority, John Anthony Cody and Hoyt Dodd, the Macon Water Authority, Georgia Power Company, Cobb County, Elbert County, United States Coast Guard, Georgia Transmission Corporation, the City of Gainesville, the City of Waco, the City of Darien, Habersham EMC, the City of Glenville, the City of Tifton, and Atlanta Gas Light Company desire to operate and maintain facilities, utilities, and ingress and egress in, on, over, under, upon, across, or through a portion of said property; and
WHEREAS, these facilities, utilities, and ingress and egress in, on, over, under, upon, across, or through the above-described state property have been requested and approved by the Department of Public Safety, Department of Corrections, Georgia Forestry Commission, State Properties Commission, Department of Natural Resources, Department of Human Resources, Georgia Agrirama Development Authority, and Department of Technical and Adult Education with respect to property under the jurisdiction of their respective departments.
NOW, THEREFORE, BE IT RESOLVED AND ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

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ARTICLE I SECTION 1.
That the State of Georgia is the owner of the hereinafter described real property in Baldwin County, and the property is 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 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 the Baldwin County Water and Sewer Authority, or its successors and assigns, a nonexclusive easement for the operation and maintenance of water and sanitary sewer lines in, on, over, under, upon, across, or through the easement area for the purpose ofmaintaining, repairing, replacing, inspecting, and operating water and 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 Lots 253 and 264 of the 1 st District of Baldwin County, Georgia, and is more particularly described as follows:
That portion and that portion only as shown in orange on a drawing prepared by the Baldwin County Water and Sewer Authority 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 water and sanitary sewer lines.
SECTION 4. That the Baldwin County Water and Sewer 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 operation and maintenance of said water and sanitary sewer lines.
SECTION 5. That, after the Baldwin County Water and Sewer Authority has put into use the water and 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 Baldwin County Water and Sewer Authority, or its successors and assigns, shall have the option of removing its

____________GEORGIA LAWS 2002 SESSION____________877
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 6. That no title shall be conveyed to the Baldwin County Water and Sewer Authority and, except as herein specifically granted to the Baldwin County Water and Sewer Authority, all rights, title, and interest in and to said easement area is reserved in the State of Georgia, which may make any use of said easement area not inconsistent with or detrimental to the rights, privileges, and interest granted to the Baldwin County Water and Sewer Authority.
SECTION 7. That if the State of Georgia, acting by and through its State Properties Commission, determines that any or all of the facilities placed on the easement area should be removed or relocated to an alternate site on state owned land in order to avoid interference with the state's use or intended use of the easement area, it may grant a substantially equivalent nonexclusive easement to allow placement of the removed or relocated facilities across the alternate site, under such terms and conditions as the State Properties Commission shall in its discretion determine to be in the best interests of the State of Georgia, and the Baldwin County Water and Sewer 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 expense, not to exceed by 20 percent the amount of a written estimate provided by the Baldwin County Water and Sewer 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 8. That grantee shall comply with all applicable state and federal environmental statutes in its use of the easement area and shall obtain all permits and make such reports to the appropriate government agencies as are necessary for its lawful use of the easement area.
SECTION 9. That the easement granted to the Baldwin County Water and Sewer 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.

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SECTION 10. 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 11. That this grant of easement shall be recorded by the grantee in the Superior Court of Baldwin County and a recorded copy shall be forwarded to the State Properties Commission.
SECTION 12. That the authorization in this resolution to grant the above-described easement to the Baldwin County Water and Sewer Authority shall expire three years after the date that this resolution becomes effective.
SECTION 13. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect the grant of the easement area.
ARTICLE II SECTION 14.
That the State of Georgia is the owner of the hereinafter described real property in Banks County, and the property is 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 15. That the State of Georgia, acting by and through its State Properties Commission, may grant to John Anthony Cody and Hoyt Dodd, or their successors and assigns, a nonexclusive easement for the operation and maintenance of ingress, egress and utilities in, on, over, under, upon, across, or through the easement area for the purpose of maintaining, repairing, replacing, inspecting and operating ingress, egress and utilities 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 1 Oth District of Banks County, Georgia, and is more particularly described as follows:
That portion and that portion only as shown in orange and yellow on a plat of survey prepared for John Anthony Cody and Hoyt Dodd dated June 29, 2000 by Samuel L. Duvall, Georgia Registered Land Surveyor no. 2295 and shown on a plat of survey prepared for Hoyt Dodd dated January 15,2002 by William M. Collins, Georgia Registered Land Surveyor No. 143 5 and both 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 or surveys prepared by a Georgia Registered Land Surveyor and presented to the State Properties Commission for approval.
SECTION 16. That the above-described premises shall be used solely for the purpose of installing, maintaining, repairing, replacing, inspecting, and operating said ingress, egress and utilities.
SECTION 17. That John Anthony Cody and Hoyt Dodd shall have the right to remove or cause to be removed from said easement area only such trees and bushes as may be reasonably necessary for the proper operation, and maintenance of said ingress, egress and utilities.
SECTION 18. That, after John Anthony Cody and Hoyt Dodd have put into use the ingress, egress and utilities for which this easement is granted, a subsequent abandonment of the use thereof shall cause a reversion to the State of Georgia, or its successors and assigns, of all the rights, title, privileges, powers, and easement granted herein. Upon abandonment, John Anthony Cody and Hoyt Dodd, or their successors and assigns, shall have the option ofremoving their facilities from the easement area or leaving the same in place, in which event the facility shall become the property of the State of Georgia, or its successors and assigns.
SECTION 19. That no title shall be conveyed to John Anthony Cody and Hoyt Dodd and, except as herein specifically granted to John Anthony Cody and Hoyt Dodd, 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 John Anthony Cody and Hoyt Dodd.
SECTION 20. 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 John Anthony Cody and Hoyt Dodd 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

GENERAL ACTS AND RESOLUTIONS, VOL. I
and expense, not to exceed by 20 percent the amount of a written estimate provided by John Anthony Cody and Hoyt Dodd. 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 21. That the easement granted to John Anthony Cody and Hoyt Dodd 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 22. 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 23. 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 24. That the authorization in this resolution to grant the above-described easement to John Anthony Cody and Hoyt Dodd shall expire three years after the date that this resolution becomes effective.
SECTION 25. 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 HI SECTION 26.
That the State of Georgia is the owner of the hereinafter described real property in Bibb County, and the property is 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.

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SECTION 27. 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 30 of the 4th Land District of Bibb County, Georgia, and is more particularly described as follows:
That portion and that portion only as shown marked in orange on a plat of survey prepared by Mitchell J. Paulk, Georgia Registered Land surveyor #2775, dated August 30, 2001 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 28. That the above-described premises shall be used solely for the purpose ofplanning, constructing, erecting, installing, maintaining, repairing, replacing, inspecting, and operating said sanitary sewer lines.
SECTION 29. 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 30. 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 31. 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 is reserved in the State of Georgia, which may make any use of said easement area not inconsistent with or detrimental to the rights, privileges, and interest granted to the Macon Water Authority.

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SECTION 32. 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 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 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 33. 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 34. 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 35. 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 36. 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.

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SECTION 37. 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 38.
That the State of Georgia is the owner of the hereinafter described real property in Butts County, and the property is 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 39. That the State of Georgia, acting by and through its State Properties Commission, may grant to Georgia Power Company, or its successors and assigns, a nonexclusive easement for the construction, operation, and maintenance of electrical transmission lines on, over, under, upon, across, or through the easement area for the purpose of constructing, erecting, 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 in Land Lots 237, 244, and 245 of the 3rd Land District of Butts County, Georgia, and is more particularly described as follows:
That portion and that portion only as shown in orange on a drawing prepared by the Georgia Power Company Land Department entitled "Tanimura and Antle Distribution Line", drawing No. H-575-10, sheet No. 1 & 2, dated September 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 40. That the above-described premises shall be used solely for the purpose ofplanning, constructing, erecting, installing, maintaining, repairing, replacing, inspecting, and operating said electrical transmission lines.
SECTION 41. That Georgia Power Company shall have the right to remove or cause to be removed from said easement area only such trees and bushes as may be reasonably necessary for the proper construction, operation, and maintenance of said electrical transmission lines.

884______GENERAL ACTS AND RESOLUTIONS, VOL. I________
SECTION 42. That, after Georgia Power Company 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, Georgia Power Company, or its successors and assigns, shall have the option of removing its facilities from the easement area or leaving the same in place, in which event the facilities shall become the property of the State of Georgia, or its successors and assigns.
SECTION 43. That no title shall be conveyed to Georgia Power Company, and, except as herein specifically granted to Georgia Power Company, all rights, title, and interest in and to said easement area is reserved in the State of Georgia, which may make any use of said easement area not inconsistent with or detrimental to the rights, privileges, and interest granted to Georgia Power Company.
SECTION 44. That if the State of Georgia, acting by and through its State Properties Commission, determines that any or all of the facilities placed on the easement area should be removed or relocated to an alternate site on state owned land in order to avoid interference with the state's use or intended use of the easement area, it may grant a substantially equivalent nonexclusive easement to allow placement of the removed or relocated facilities across the alternate site, under such terms and conditions as the State Properties Commission shall in its discretion determine to be in the best interests of the State of Georgia, and Georgia Power Company shall remove or relocate its facilities to the alternate easement area at its sole cost and expense, unless the State Properties Commission determines that the requested removal or relocation is to be for the sole benefit of the State of Georgia and approves payment by the State of Georgia of all or a portion of such actual cost and expense, not to exceed by 20 percent the amount of a written estimate provided by Georgia Power Company. Upon written request, the State Properties Commission, in its sole discretion, may permit the relocation of the facilities to an alternate site on state owned land so long as the removal and relocation is paid by the party or parties requesting such removal and at no cost and expense to the State of Georgia.
SECTION 45. That the easement granted to Georgia Power Company shall contain such other reasonable terms, conditions, and covenants as the State Properties Commission shall deem in the best interest of the State of Georgia and that the State Properties Commission is authorized to use a more accurate description of the easement area, so long as the description utilized by the State Properties Commission describes the same easement area herein granted.

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SECTION 46. 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 47. That this grant of easement shall be recorded by the grantee in the Superior Court of Butts County and a recorded copy shall be forwarded to the State Properties Commission.
SECTION 48. That the authorization in this resolution to grant the above-described easement to Georgia Power Company shall expire three years after the date that this resolution becomes effective.
SECTION 49. 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 50.
That the State of Georgia is the owner of the hereinafter described real property in Cobb County, and the property is in the custody of the State Properties 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 51. That the State of Georgia, acting by and through its State Properties Commission, may grant to Cobb County, or its successors and assigns, a nonexclusive easement for the construction, operation, and maintenance of underpasses, crossings, and bridges on, over, under, upon, across, or through the easement area for the purpose of constructing, erecting, installing, maintaining, repairing, replacing, inspecting, and operating underpasses, crossings, and bridges 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 Cobb County, Georgia, and are more particularly described as follows:
That portion and that portion only as shown on Cobb County Department of Transportation, Atlanta Road Contract 2 Project No. 7404-02b, sheet 12, and as shown on Cobb County Department of Transportation, Atlanta Road Contract 3 & 4 Project no. 7404-02 C & D, sheet 5, and as shown on Cobb County Department ofTransportation Tower Road Project Nos. 7404-40 & 7405-16, and as shown on a drawing entitled Cumberland Community Multi-Use Path Railroad

GENERAL ACTS AND RESOLUTIONS, VOL. I
Crossing Plan, dated April 17,2001, prepared by Moreland Altobelli Associates, Inc. and all 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 52. That the above-described premises shall be used solely for the purpose of planning, constructing, erecting, installing, maintaining, repairing, replacing, inspecting, and operating said underpasses, crossings, and bridges.
SECTION 53. That Cobb 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 ofsaid underpasses, crossings, and bridges.
SECTION 54. That, after Cobb County has put into use the underpasses, crossings, and bridges 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, Cobb 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 55. That no title shall be conveyed to Cobb County, and, except as herein specifically granted to Cobb County, all rights, title, and interest in and to said easement area is reserved in the State of Georgia, which may make any use of said easement area not inconsistent with or detrimental to the rights, privileges, and interest granted to Cobb County.
SECTION 56. 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 Cobb 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

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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 Cobb 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 57. That the easement granted to Cobb 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 58. That the consideration for such easement shall be for $10.00 and such further consideration and provisions as the State Properties Commission may determine to be in the best interest of the State of Georgia.
SECTION 59. That this grant of easement shall be recorded by the grantee in the Superior Court of Cobb County and a recorded copy shall be forwarded to the State Properties Commission.
SECTION 60. That the authorization in this resolution to grant the above-described easement to Cobb County shall expire three years after the date that this resolution becomes effective.
SECTION 61. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect the grant of the easement area.
ARTICLE VI SECTION 62.
That the State of Georgia is the owner of the hereinafter described real property in Coweta County, and the property is 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 ofGeorgia is acting by and through its State Properties Commission.

GENERAL ACTS AND RESOLUTIONS, VOL. I
SECTION 63. That the State of Georgia, acting by and through its State Properties Commission, may grant to Georgia Power Company, or its successors and assigns, a nonexclusive easement for the construction, operation, and maintenance of electrical transmission 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 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 within the bounds of Chattahoochee Bend State Park in Coweta County, Georgia, and is more particularly described as follows:
That portion and that portion only as shown in orange on a drawing attached as Exhibit "A" on that certain Georgia Board ofNatural Resources Resolution dated September 26, 2001, recommending the granting of a revocable license and easement to Georgia Power Company over 53 acres, 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 64. That the above-described premises shall be used solely for the purpose of planning, constructing, erecting, installing, maintaining, repairing, replacing, inspecting, and operating said electrical transmission lines.
SECTION 65. That Georgia Power Company shall have the right to remove or cause to be removed from said easement area only such trees and bushes as may be reasonably necessary for the proper construction, operation, and maintenance of said electrical transmission lines.
SECTION 66. That, after Georgia Power Company 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, Georgia Power Company, or its successors and assigns, shall have the option of removing its facilities from the easement area or leaving the same in place, in which event the facilities shall become the property of the State of Georgia, or its successors and assigns.
SECTION 67. That no title shall be conveyed to Georgia Power Company, and, except as herein specifically granted to Georgia Power Company, all rights, title, and interest in and to said easement area is reserved in the State of Georgia, which may make any use

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of said easement area not inconsistent with or detrimental to the rights, privileges, and interest granted to Georgia Power Company.
SECTION 68. 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 Georgia Power Company shall remove or relocate its facilities to the alternate easement area at its sole cost and expense, unless the State Properties Commission determines that the requested removal or relocation is to be for the sole benefit of the State of Georgia and approves payment by the State ofGeorgia ofall or a portion ofsuch actual cost and expense, not to exceed by 20 percent the amount of a written estimate provided by Georgia Power Company. Upon written request, the State Properties Commission, in its sole discretion, may permit the relocation of the facilities to an alternate site on state owned land so long as the removal and relocation is paid by the party or parties requesting such removal and at no cost and expense to the State of Georgia.
SECTION 69. That the easement granted to Georgia Power Company shall contain such other reasonable terms, conditions, and covenants as the State Properties Commission shall deem in the best interest of the State of Georgia and that the State Properties Commission is authorized to use a more accurate description of the easement area, so long as the description utilized by the State Properties Commission describes the same easement area herein granted.
SECTION 70. 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 71. That this grant of easement shall be recorded by the grantee in the Superior Court of Coweta County and a recorded copy shall be forwarded to the State Properties Commission.
SECTION 72. That the authorization in this resolution to grant the above-described easement to Georgia Power company shall expire three years after the date that this resolution becomes effective.

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SECTION 73. 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 74.
That the State of Georgia is the owner of the hereinafter described real property in Elbert County, and the property is 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 75. That the State of Georgia, acting by and through its State Properties Commission, may grant to Elbert County, or its 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, erecting, 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 the 202nd Georgia Militia District of Elbert County, Georgia, and is more particularly described as follows:
That portion and that portion only as shown in orange on a plat of survey for the Elbert County Board of Commissioners dated January 12, 2001 by Stacy C. Carroll, Georgia Registered Land Surveyor No. 2729, 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 76. That the above-described premises shall be used solely for the purpose ofplanning, constructing, erecting, installing, maintaining, repairing, replacing, inspecting, and operating said ingress and egress.
SECTION 77. That Elbert 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 ingress and egress.
SECTION 78. That, after Elbert County 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,

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title, privileges, powers, and easement granted herein. Upon abandonment, Elbert County, or its successors and assigns, shall have the option ofremoving its facilities from the easement area or leaving the same in place, in which event the facility shall become the property of the State of Georgia, or its successors and assigns.
SECTION 79. That no title shall be conveyed to Elbert County, and, except as herein specifically granted to Elbert County, all rights, title, and interest in and to said easement area is reserved in the State of Georgia, which may make any use of said easement area not inconsistent with or detrimental to the rights, privileges, and interest granted to Elbert County.
SECTION 80. 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 Elbert 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 Elbert County. 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 81. That the easement granted to Elbert 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 ofthe easement area, so long as the description utilized by the State Properties Commission describes the same easement area herein granted.
SECTION 82. 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 83. That this grant of easement shall be recorded by the grantee in the Superior Court of Elbert County and a recorded copy shall be forwarded to the State Properties Commission.
SECTION 84. That the authorization in this resolution to grant the above-described easement to Elbert County shall expire three years after the date that this resolution becomes effective.
SECTION 85. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect the grant of the easement area.
ARTICLE VIII SECTION 86.
That the State of Georgia is the owner of the hereinafter described real property in Glynn County, and the property is 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 87. That the State of Georgia, acting by and through its State Properties Commission, may grant to the United States Coast Guard (USCG), or its successors and assigns, a nonexclusive easement for the construction, operation, and maintenance ofingress and egress in, on, over, under, upon, across, or through the easement area for the purpose of constructing, erecting, 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 within the bounds of Georgia Department of Natural Resources Coastal Regional Headquarters Complex in Brunswick, Glynn County, Georgia, and is more particularly described as follows:
That portion and that portion only as shown in yellow on a plat of survey entitled "U.S. Coast Guard Lease Parcels From State of Georgia At The Georgia DNR Site, Brunswick, Georgia, dated December 20, 2001 and prepared by Gary L. Nevill, Georgia Registered Land Surveyor # 2401 and being delineated as Parcel "B" and also that area designated as "Access Easement", and may be more particularly described by a plat of survey prepared by a Georgia Registered Land Surveyor and presented to the State Properties Commission for approval.

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SECTION 88. That the above-described premises shall be used solely for the purpose ofplanning, constructing, erecting, installing, maintaining, repairing, replacing, inspecting, and operating said ingress and egress.
SECTION 89. That USCG 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 ingress and egress.
SECTION 90. That, after USCG has 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, USCG, 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 91. That no title shall be conveyed to USCG, and, except as herein specifically granted to USCG, 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 USCG.
SECTION 92. 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 USCG 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 USCG. 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.

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SECTION 93. That the easement granted to USCG 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 94. That the consideration for such easement shall be for $10.00 and such further consideration and provisions as the State Properties Commission may determine to be in the best interest of the State of Georgia.
SECTION 95. 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 96. That the authorization in this resolution to grant the above-described easement to USCG shall expire three years after the date that this resolution becomes effective.
SECTION 97. 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 98.
That the State of Georgia is the owner of the hereinafter described real property in Gwinnett County, and the property is 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 99. That the State of Georgia, acting by and through its State Properties Commission, may grant to Georgia Transmission Corporation, 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, erecting, 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

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area are located in Land Lot 1 of the 1st District of Gwinnett 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 "Shoal Creek - Spout Creek 230 kV Transmission Line"dated June 15, 2001 and prepared by Andrew Milner, Georgia Registered Land Surveyor No. 2545 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 100. That the above-described premises shall be used solely for the purpose of planning, constructing, erecting, installing, maintaining, repairing, replacing, inspecting, and operating said electrical transmission lines.
SECTION 101. That Georgia Transmission Corporation shall have the right to remove or cause to be removed from said easement area only such trees and bushes as may be reasonably necessary for the proper construction, operation, and maintenance of said electrical transmission lines.
SECTION 102. That, after Georgia Transmission Corporation 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, Georgia Transmission Corporation, 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 103. That no title shall be conveyed to Georgia Transmission Corporation and, except as herein specifically granted to Georgia Transmission Corporation, all rights, title, and interest in and to said easement area is reserved in the State of Georgia, which may make any use of said easement area not inconsistent with or detrimental to the rights, privileges, and interest granted to Georgia Transmission Corporation.
SECTION 104. 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

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conditions as the State Properties Commission shall in its discretion determine to be in the best interests of the State of Georgia, and Georgia Transmission Corporation 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 Georgia Transmission Corporation. 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 105. That the easement granted to Georgia Transmission Corporation shall contain such other reasonable terms, conditions, and covenants as the State Properties Commission shall deem in the best interest of the State of Georgia and that the State Properties Commission is authorized to use a more accurate description of the easement area, so long as the description utilized by the State Properties Commission describes the same easement area herein granted.
SECTION 106. 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 107. 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 108. That the authorization in this resolution to grant the above-described easement to Georgia Transmission Corporation shall expire three years after the date that this resolution becomes effective.
SECTION 109. 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 X SECTION 110.
That the State of Georgia is the owner of the hereinafter described real property in Hall County, and the property is in the custody of the Department of Juvenile Justice, 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 111. That the State of Georgia, acting by and through its State Properties Commission, may grant to the City of Gainesville, 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 ofthe State ofGeorgia as may be reasonably necessary to accomplish the aforesaid purposes. Said easement area is located in Land Lot 137 of the 9th District of Hall 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 "City of Gainesville" dated March 8, 2001 prepared by Donald Rex Jones, Georgia Registered Land Surveyor #2396 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 112. 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 113. That the City of Gainesville 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 114. That, after the City of Gainesville 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 City of Gainesville, 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

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facilities shall become the property of the State of Georgia, or its successors and assigns.
SECTION 115. That no title shall be conveyed to the City of Gainesville and, except as herein specifically granted to the City of Gainesville, all rights, title, and interest in and to said easement area is reserved in the State of Georgia, which may make any use of said easement area not inconsistent with or detrimental to the rights, privileges, and interest granted to the City of Gainesville.
SECTION 116. 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 the City of Gainesville 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 Gainesville. 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 117. That the easement granted to the City of Gainesville 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 118. 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 119. That this grant of easement shall be recorded by the grantee in the Superior Court of Hall County and a recorded copy shall be forwarded to the State Properties Commission.
SECTION 120. That the authorization in this resolution to grant the above-described easement to the City of Gainesville shall expire three years after the date that this resolution becomes effective.
SECTION 121. 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 122.
That the State of Georgia is the owner of the hereinafter described real property in Haralson County, Georgia, and the property is 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 123. That the State of Georgia, acting by and through its State Properties Commission, may grant to the City of Waco, or its successors and assigns, a nonexclusive easement for the construction, operation, and maintenance of 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 273 of the 7th District, 5th Section of Haralson 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 for the City of Waco by David E. Rowell, Haralson County Land Surveyor, 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 124. That the above-described premises shall be used solely for the purpose of constructing, erecting, installing, maintaining, repairing, replacing, inspecting, and operating said sanitary sewer lines.

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SECTION 125. That the City of Waco shall have the right to remove or cause to be removed from said easement area only such trees and bushes as may be reasonably necessary for the proper operation of said sanitary sewer lines.
SECTION 126. That, after the City of Waco 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 City of Waco, 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 127. That no title shall be conveyed to the City of Waco, and, except as herein specifically granted to the City of Waco, all rights, title, and interest in and to said easement area is reserved in the State of Georgia, which may make any use of said easement area not inconsistent with or detrimental to the rights, privileges, and interest granted to the City of Waco.
SECTION 128. 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 the City of Waco 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 Waco. 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 129. That the easement granted to the City of Waco 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

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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 easements area herein granted.
SECTION 130. That the consideration for such easements shall be $10.00 and such further consideration and provisions as the State Properties Commission may determine to be in the best interest of the State of Georgia.
SECTION 131. That this grant of easement shall be recorded by the grantee in the Superior Court of Haralson County and a recorded copy shall be forwarded to the State Properties Commission.
SECTION 132. That the authorization in this resolution to grant the above-described easement to the City of Waco shall expire three years after the date that this resolution becomes effective.
SECTION 133. 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 XII SECTION 134.
That the State of Georgia is the owner of the hereinafter described real property in Mclntosh County, Georgia, and the property is 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 135. That the State of Georgia, acting by and through its State Properties Commission, may grant to the City of Darien, or its successors and assigns, a nonexclusive easement for the construction, operation, and maintenance ofingress 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 the 271st GMD of Mclntosh County, Georgia, and is more particularly described as follows:
That portion and that portion only as shown marked in yellow on a drawing attached as Exhibit "A" to that certain Revocable License Agreement being

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RPR# 0543, dated October 25, 2001, 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 136. 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.
SECTION 137. That the City of Darien 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 ingress and egress.
SECTION 138. That, after the City of Darien has 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, the City of Darien, 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 139. That no title shall be conveyed to the City of Darien, and, except as herein specifically granted to the City of Darien, all rights, title, and interest in and to said easement area is reserved in the State of Georgia, which may make any use of said easement area not inconsistent with or detrimental to the rights, privileges, and interest granted to the City of Darien.
SECTION 140. That ifthe 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 Darien 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 the City of Darien. 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 141. That the easement granted to the City of Darien 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 ofthe easement area, so long as the description utilized by the State Properties Commission describes the same easement area herein granted.
SECTION 142.
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 143. That this grant of easement shall be recorded by the grantee in the Superior Court of Mclntosh County and a recorded copy shall be forwarded to the State Properties Commission.
SECTION 144. That the authorization in this resolution to grant the above-described easement to the City ofDarien shall expire three years after the date that this resolution becomes effective.
SECTION 145. 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 146.
That the State of Georgia is the owner of the hereinafter described real property in Rabun County, and the property is 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 147. That the State of Georgia, acting by and through its State Properties Commission, may grant to Habersham EMC, or its successors and assigns, a nonexclusive easement for the construction, operation, and maintenance ofelectrical transmission lines and poles in, on, over, under, upon, across, or through the easement area for the purpose of constructing, installing, maintaining, repairing, inspecting, and operating electrical transmission lines and poles 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 104 and 105 of the 5th Land District of Rabun County, Georgia, and is more particularly described as follows:
That portion and that portion only as marked in yellow on a plat of survey dated September 18, 2001 entitled "Proposed Power Pole Location" prepared by William F. Rolader Georgia Registered Land Surveyor #2042 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 148. That the above-described premises shall be used solely for the purpose of planning, constructing, installing, maintaining, repairing, inspecting, and operating said electrical transmission lines and poles.
SECTION 149. That, after Habersham EMC has put into use the electrical transmission lines and poles for which this easement is granted, a subsequent abandonment of the use thereof shall cause a reversion to the State of Georgia, or its successors and assigns, of all the rights, title, privileges, powers, and easement granted herein. Upon abandonment, Habersham 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 150. That grantee shall comply with all applicable state and federal environmental statutes in its use of the easement areas and shall obtain all permits and make such reports to the appropriate government agencies as are necessary for its lawful use of the easement area.
SECTION 151. That no title shall be conveyed to Habersham EMC, and, except as herein specifically granted to Habersham EMC, 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

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easement area not inconsistent with or detrimental to the rights, privileges, and interest granted to Habersham EMC.
SECTION 152. 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 Habersham 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 Habersham EMCA. 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 153. That the easement granted to Habersham 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 ofthe easement area, so long as the description utilized by the State Properties Commission describes the same easement area herein granted.
SECTION 154. That the consideration for such easement shall be for $10.00 and such further consideration and provisions as the State Properties Commission may determine to be in the best interest of the State of Georgia.
SECTION 155. That this grant of easement shall be recorded by the grantee in the Superior Court of Rabun County and a recorded copy shall be forwarded to the State Properties Commission.
SECTION 156. That the authorization in this resolution to grant the above-described easement to Habersham EMC shall expire three years after the date that this resolution becomes effective.

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SECTION 157. 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 158.
That the State of Georgia is the owner of the hereinafter described real property in Richmond County, and the property is in the custody of the Department of Human Resources, 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 159. That the State of Georgia, acting by and through its State Properties Commission, may grant to Georgia Power Company, or its successors and assigns, a nonexclusive easement for the construction, operation, and maintenance of electrical distribution lines in, on, over, under, upon, across, or through the easement area for the purpose of constructing, installing, maintaining, repairing, replacing, inspecting and operating electrical distribution 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 along Georgia Highway 56 at Georgia Regional Hospital in Augusta, Georgia, and is more particularly described as follows:
That portion and that portion only as shown marked in yellow on a drawing prepared by Georgia Power Company and on file in the offices of the State Properties Commission and may be more particularly described by a plat of survey prepared by a Georgia Registered Land Surveyor and presented to the State Properties Commission for approval.
SECTION 160. That the above-described premises shall be used solely for the purpose of planning, constructing, installing, maintaining, repairing, replacing, inspecting, and operating said electrical distribution lines.
SECTION 161. That, after Georgia Power Company has put into use the electrical distribution lines for which this easement is granted, a subsequent abandonment of the use thereof shall cause a reversion to the State of Georgia, or its successors and assigns, of all the rights, title, privileges, powers, and easement granted herein. Upon abandonment, Georgia Power Company, or its successors and assigns, shall have the option of removing its facilities from the easement area or leaving the same in place, in which event the facilities shall become the property of the State of Georgia, or its successors and assigns.

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SECTION 162. That no title shall be conveyed to Georgia Power Company, and, except as herein specifically granted to Georgia Power Company, all rights, title, and interest in and to said easement area is reserved in the State of Georgia, which may make any use of said easement areas not inconsistent with or detrimental to the rights, privileges, and interest granted to Georgia Power Company.
SECTION 163. That ifthe State ofGeorgia, acting by and through its State Properties Commission, determines that any or all of the facilities placed on the easement areas should be removed or relocated to an alternate site on state owned land in order to avoid interference with the state's use or intended use of the easement areas, it may grant a substantially equivalent nonexclusive easement to allow placement of the removed or relocated facilities across the alternate sites, under such terms and conditions as the State Properties Commission shall in its discretion determine to be in the best interests of the State of Georgia, and Georgia Power Company shall remove or relocate its facilities to the alternate easement areas at its sole cost and expense, unless the State Properties Commission determines that the requested removal or relocation is to be for the sole benefit of the State of Georgia and approves payment by the State of Georgia of all or a portion of such actual cost and expense, not to exceed by 20 percent the amount of a written estimate provided by Georgia Power Company. Upon written request, the State Properties Commission, in its sole discretion, may permit the relocation of the facilities to an alternate site on state owned land so long as the removal and relocation is paid by the party or parties requesting such removal and at no cost and expense to the State of Georgia.
SECTION 164. That the easement granted to Georgia Power Company shall contain such other reasonable terms, conditions, and covenants as the State Properties Commission shall deem in the best interest of the State of Georgia and that the State Properties Commission is authorized to use a more accurate description ofthe easement areas, so long as the description utilized by the State Properties Commission describes the same easement areas herein granted.
SECTION 165. That the consideration for such easement shall be for $10.00 and such further consideration and provisions as the State Properties Commission may determine to be in the best interest of the State of Georgia.
SECTION 166. That this grant of easement shall be recorded by the grantee in the Superior Court ofRichmond County and a recorded copy shall be forwarded to the State Properties Commission.

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SECTION 167. That the authorization in this resolution to grant the above-described easement to Georgia Power Company shall expire three years after the date that this resolution becomes effective.
SECTION 168. 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 169.
That the State of Georgia is the owner of the hereinafter described real property in Tattnall County, and the property is 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 170. That the State of Georgia, acting by and through its State Properties Commission, may grant to the City of Glenville, or its successors and assigns, a nonexclusive easement for the construction, operation, and maintenance ofa welcome sign in, on, over, under, upon, across, or through the easement area for the purpose of constructing, installing, maintaining, repairing, replacing, inspecting, and operating a welcome sign 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 1432 GMD of Tattnall County, Georgia, and is more particularly described as follows:
That portion and that portion only marked in yellow on a plat of survey prepared for the City of Glenville dated May 9, 2001 by John O. Parker 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 171. That, the above-described premises shall be used solely for the purpose ofplanning, constructing, installing, maintaining, repairing, replacing, inspecting, and operating said welcome sign.
SECTION 172. That after the City of Glenville has put into use the welcome sign 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

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of Glenville, 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 173. That no title shall be conveyed to the City of Glenville, and, except as herein specifically granted to the City of Glenville, all rights, title, and interest in and to said easement area is reserved in the State of Georgia, which may make any use of said easement area not inconsistent with or detrimental to the rights, privileges, and interest granted to the City of Glenville.
SECTION 174. 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 the City of Glenville 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 ofGeorgia ofall 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 Glenville. 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 175. That the easement granted to the City of Glenville 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 176. 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 177. That this grant of easement shall be recorded by the grantee in the Superior Court of Tattnall County and a recorded copy shall be forwarded to the State Properties Commission.
SECTION 178. That the authorization in this resolution to grant the above-described easement to the City of Glenville shall expire three years after the date that this resolution becomes effective.
SECTION 179. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect the grant of the easement area.
ARTICLE XVI SECTION 180.
That the State of Georgia is the owner of the hereinafter described real property in Tift County, and the property is in the custody of the Georgia Agrirama Development Authority, 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 181. That the State of Georgia, acting by and through its State Properties Commission, may grant to the City of Tifton, or its successors and assigns, a nonexclusive easement for the construction, operation, and maintenance of a water line in, on, over, under, upon, across, or through the easement area for the purpose of constructing, installing, maintaining, repairing, replacing, inspecting and operating a water 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 in land lots 261, 262,291, and 292 of the 6th land district of Tift County, Georgia, and is more particularly described as follows:
That portion and that portion only marked in yellow on a plat of survey prepared for the City of Tifton dated February 1,2002 by Barbara L. Herring, Georgia Registered Land Surveyor No. 2785 and on file in the offices of the State Properties Commission and may be more particularly described by a plat of survey prepared by a Georgia Registered Land Surveyor and presented to the State Properties Commission for approval.

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SECTION 182. That the above-described premises shall be used solely for the purpose ofplanning, constructing, installing, maintaining, repairing, replacing, inspecting, and operating said water line.
SECTION 183. That after the City of Tifton has put into use the water line for which this easement is granted, a subsequent abandonment of the use thereof shall cause a reversion to the State of Georgia, or its successors and assigns, of all the rights, title, privileges, powers, and easement granted herein. Upon abandonment, the City of Tifton, or its successors and assigns, shall have the option of removing its facilities from the easement area or leaving the same in place, in which event the facility shall become the property of the State of Georgia, or its successors and assigns.
SECTION 184. That no title shall be conveyed to the City of Tifton, and, except as herein specifically granted to the City of Tifton, all rights, title, and interest in and to said easement area is reserved in the State of Georgia, which may make any use of said easement area not inconsistent with or detrimental to the rights, privileges, and interest granted to the City of Tifton.
SECTION 185. 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 the City of Tifton 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 ofthe State ofGeorgia 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 Tifton. 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 186. That the easement granted to the City of Tifton 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

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description utilized by the State Properties Commission describes the same easement area herein granted.
SECTION 187. 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 188. 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.
SECTION 189. That the authorization in this resolution to grant the above-described easement to the City of Tifton shall expire three years after the date that this resolution becomes effective.
SECTION 190. 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 XVII SECTION 191.
That the State of Georgia is the owner of the hereinafter described real property in Upson County, and the property is 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 192. That the State of Georgia, acting by and through its State Properties Commission, may grant to Atlanta Gas Light Company, or its successors and assigns, a nonexclusive easement for the construction, operation, and maintenance of natural gas lines in, on, over, under, upon, across, or through the easement area for the purpose of constructing, installing, maintaining, repairing, replacing, inspecting, and operating natural gas lines together with the right of ingress and egress over adjacent land ofthe State of Georgia as may be reasonably necessary to accomplish the aforesaid purposes. Said easement area is located in Land Lot 189 of the 10th District of Upson 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 "30' AGLC Relocation Easement Crossing Flint River Technical Institute" prepared by Atlanta Gas Light Company drawing, dated July 5, 2001 and 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 193. That the above-described premises shall be used solely for the purpose ofplanning, constructing, installing, maintaining, repairing, replacing, inspecting, and operating said natural gas lines.
SECTION 194. That, after Atlanta Gas Light Company has put into use the natural gas 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, Atlanta Gas Light Company, or its successors and assigns, shall have the option of removing its facilities from the easement area or leaving the same in place, in which event the facilities shall become the property of the State of Georgia, or its successors and assigns.
SECTION 195. That no title shall be conveyed to Atlanta Gas Light Company, and, except as herein specifically granted to Atlanta Gas Light Company, all rights, title, and interest in and to said easement area is reserved in the State of Georgia, which may make any use of said easement area not inconsistent with or detrimental to the rights, privileges, and interest granted to Atlanta Gas Light Company.
SECTION 196. 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 substantially equivalent nonexclusive easements to allow placement ofthe removed or relocated facilities across the alternate site, under such terms and conditions as the State Properties Commission shall in its discretion determine to be in the best interests of the State of Georgia, and Atlanta Gas Light Company shall remove or relocate its facilities to the alternate easement area at its sole cost and expense, unless the State Properties Commission determines that the requested removal or relocation is to be for the sole benefit of the State of Georgia and approves payment by the State of Georgia of all or a portion of such actual cost and expense, not to exceed by 20 percent the amount of a written estimate provided by Atlanta Gas Light Company. Upon written request, the State Properties Commission, in its sole discretion, may permit the relocation of the facilities to an alternate site on state owned land so long as the removal and relocation is paid by the party or parties requesting such removal and at no cost and expense to the State of Georgia.

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SECTION 197. That the easements granted to Atlanta Gas Light Company shall contain such other reasonable terms, conditions, and covenants as the State Properties Commission shall deem in the best interest of the State of Georgia and that the State Properties Commission is authorized to use a more accurate description of the easement area, so long as the description utilized by the State Properties Commission describes the same easement area herein granted.
SECTION 198. 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 199. That this grant of easement shall be recorded by the grantee in the Superior Court of Upson County and a recorded copy shall be forwarded to the State Properties Commission.
SECTION 200. That the authorization in this resolution to grant the above-described easement to Atlanta Gas Light Company shall expire three years after the date that this resolution becomes effective.
SECTION 201. 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 202.
That all laws and parts of laws in conflict with this resolution are repealed.
Approved May 13, 2002.

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STATE PROPERTY - CONVEYANCES TO BIBB COUNTY HOSPITAL AUTHORITY; CITY OF KENNESAW; CITY OF JASPER; SOFRAN GROUP; AND CITY OF WASHINGTON; SALE OF PROPERTY IN CITY OF CHATTANOOGA, TENNESSEE.
No. 45 (Senate Resolution No. 574).
A RESOLUTION
Authorizing the conveyance of certain state owned real property located in Bibb County, Georgia; authorizing the conveyance of certain state owned property located in Cobb County; authorizing the conveyance ofcertain state owned property located in Hamilton County, Tennessee; authorizing the conveyance ofcertain state owned property located in Pickens County, Georgia; authorizing the conveyance of certain state owned property located in Spalding County, Georgia; authorizing the conveyance of certain state owned real property located in Wilkes 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 the City of Macon, Bibb County, Georgia; and (2) Said real property is all that tract or parcel of land lying and being in Lot 1, Square 73, of the City of Macon, Bibb County, Georgia, as shown on a plat of survey prepared by Frank E. Lester, Georgia Registered Land Surveyor #1118, dated March, 1953, containing approximately 0.36 of one acre, 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; and (3) Said property is under the custody ofthe Department ofHuman Resources; and (4) The City of Macon, Bibb County, Georgia, conveyed the above-described property to the state and retained a reversionary interest ifthe property ceased to be used for health purposes; and (5) The Bibb County Hospital Authority is desirous of acquiring the above-described property due to its proximity to the Medical Center of Central Georgia; and (6) The Bibb County Hospital Authority has agreed to construct on Bibb County Hospital Authority owned property a new regional health facility to the specifications of the Department of Human Resources in exchange for the above-described state owned property; and (7) The City of Macon is encouraged to release any interest it may have in the above-described state owned property prior to any exchange of the property with the Bibb County Hospital Authority.

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WHEREAS: (1) The State of Georgia is the owner of a certain parcel of real property located in Cobb County, Georgia; and (2) Said real property is all those tracts or parcels of land lying and being in the City of Kennesaw, Cobb County, Georgia, and containing approximately 9.52 acres as shown marked in orange on a plat of survey entitled "Survey for the City of Kennesaw", dated October 1971, and prepared by Roy C. Hogan, Georgia Registered Land Surveyor #1712 and 0.35 of one acre, 1.03 acres and 0.40 of one acre as shown marked in yellow on that certain lease agreement between CSX Transportation Inc. dated December 3, 1992 and being lease no CSX-003272, RE-056876 and 0.81 of one acre as shown marked in yellow on that certain lease agreement between CSX Transportation Inc., dated April 1, 1997 and being CSX- 031102 and all being on file in the offices of the State Properties Commission, and may be more particularly described on plats 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 ofthe State Properties Commission and are now or formerly parcels of the Western and Atlantic Railroad Right of Way; and (4) The City of Kennesaw, Cobb County, Georgia, is desirous of acquiring the above-described parcels for the construction of a vehicle maintenance facility and for tourism development; and (5) CSX Transportation Inc. is encouraged to release the City of Kennesaw from its leasehold obligations with respect to those properties currently leased to the City of Kennesaw, Cobb County, Georgia; and (6) CSX Transportation Inc. is encouraged to remove the above-described properties from its Western and Atlantic Railroad lease with the State of Georgia.
WHEREAS: (1) The State of Georgia is the owner of certain parcels of real property located in the City of Chattanooga, Hamilton County, Tennessee; and (2) Said real properties are all those tracts or parcels of land lying and being in the City of Chattanooga, Hamilton County, Tennessee and being a portion of Western and Atlantic Railroad right of way and beginning at said right of ways intersection with King Street and running in a southeasterly direction a distance of approximately 3,700 feet as described marked in yellow on an aerial photograph entitled "State of Georgia 60 ft Railroad Right of Way" on file in the offices of the State Properties Commission and all those tracts or parcels of land lying and being in the City of Chattanooga, Hamilton County, Tennessee, and being a portion of Western and Atlantic Railroad right of way and consists of parcel 1 and a portion of parcel 7 as shown on Western and Atlantic Railroad valuation map V3/3 and V3/4 and being on file in the offices of the State Properties Commission, and may be more particularly described

____________GEORGIA LAWS 2002 SESSION___________917
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 ofthe State Properties Commission; and (4) It has been determined that the above-described properties are no longer needed for the operation ofthe Western and Atlantic Railroad and are therefore surplus to the needs of the state.
WHEREAS: (1) The State of Georgia is the owner of a certain parcel of real property located in the City of Griffin, Spalding County, Georgia; and (2) Said real property is all that tract or parcel of land lying and being in land lot and being within the bounds of the City of Griffin, Spalding County, Georgia, and containing approximately 0.39 of one acre as described marked in orange on a Preliminary Site Plan dated January 4, 2002, prepared by Robertson/Loia/Roof Architects and Engineers and being Sheet Number CPs-22, 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; and (3) Said property is a portion of the parking lot of the Department of Labors Spalding County office facility; and (4) The Sofran Group is desirous of acquiring the above-described property for inclusion in a proposed development in exchange for a parcel of property containing approximately 0.45 of one acre owned by the Sofran Group; and (5) It has been determined that the parcel of property to be acquired by the State of Georgia is of greater value to the State of Georgia than the parcel of property to be conveyed by the State of Georgia; and (6) The Department of Labor has no objection to the exchange or properties as above described.
WHEREAS: (1) The State of Georgia is the owner of a certain parcel of real property located in Pickens County, Georgia; and (2) Said real property is all that tract or parcel of land lying and being in land lot 50 of the 13th district, 2nd section of Pickens County, Georgia, as shown marked in yellow on a plat of survey entitled "Survey for City of Jasper water Tank Site" dated October 5, 2001, and prepared by James Charles Doling, Georgia Registered land Surveyor #2531 and being on file in the offices of the State Properties Commission, and may be more particularly described on a plat of survey prepared by a Georgia Registered Land Surveyor and presented to the State Properties Commission for approval; and (3) Said property is a portion of the Pickens County Forestry Unit location; and (4) Pickens County conveyed the site of the Pickens County Forestry Unit to the state on September 4, 1983, for a consideration of $10.00; and

918______GENERAL ACTS AND RESOLUTIONS, VOL. I________
(5) The City of Jasper, Pickens County, Georgia, is desirous of acquiring the above-described property for the location of an elevated water tank to serve a soon to be constructed hospital; and (6) The Georgia Forestry Commission has no objection to the conveyance of the above-described property.
WHEREAS: (1) The State of Georgia intends to be the owner of a certain parcel of real property located in the City of Washington, Wilkes County, Georgia; and (2) Said real property is all that tract or parcel of land lying and being in corporate limits of the City of Washington, Wilkes County, Georgia, fronting 86.19 feet on the West side of Rusher Street containing 17,082 square feet, and being bounded on the North by lands of Rachael Hurley Bryant and lands of Willie Thomas: East by Rusher Street: South by land of Henry Campbell: and on the West by lands of Elijah Anderson, as shown by plat prepared by Erskine B. Wickersham, dated July 17, 1980, recorded in Plat Book 6, page 245, Clerk's Office, Wilkes County Superior Court. And the adjacent land to the North: All that tract or parcel of land lying and being within the corporate limits of the City of Washington, Wilkes County, Georgia, containing 0.23 of one acre, more or less, being bounded on the North by lands of Willie Mae Hurley; East by Rusher Street; South by lands of Elijah Anderson and Essie T. Bell, being same land conveyed by deed recorded in Deed Book 123, page 615, Clerk's Office, Wilkes County 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; and (3) The subject property was seized by the Drug Enforcement Administration as a result of illegal activities being perpetrated on the property; and (4) The City of Washington, Wilkes County, Georgia, is desirous of acquiring the property for use as a neighborhood park; and (5) It is the policy ofthe United States Department ofJustice that the governor of the state in which seized property is located request that the property be transferred to the state.
NOW, THEREFORE, BE IT RESOEVED AND ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
ARTICLE I SECTION 1.
That the State of Georgia is the owner of the above-described City of Macon, Bibb County, Georgia, real property and that in all matters relating to the conveyance of the real property the State of Georgia is acting by and through its State Properties Commission.

____________GEORGIA LAWS 2002 SESSION__________919
SECTION 2. That the above-described real property may be conveyed to the Bibb County Hospital Authority in exchange for a new regional health facility to be built to the specifications ofthe Department ofHuman Resources by the Bibb County Hospital Authority 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 above-described state owned property shall not be conveyed to the Bibb County Hospital Authority until after the new regional health facility is completed and the Department of Human Resources has vacated the above-described state owned property and declared it vacant.
SECTION 4. That the authorization in this resolution to convey the above-described property to the Bibb County Hospital Authority shall expire three years after the date that this resolution becomes effective.
SECTION 5. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyance.
SECTION 6. That the deed of conveyance shall be recorded by the grantee in the Superior Court of Bibb County and a recorded copy shall be forwarded to the State Properties Commission.
SECTION 7. That custody ofthe above-described property shall remain in Department ofHuman Resources until the property is conveyed to the Bibb County Hospital Authority.
ARTICLE II SECTION 8.
That the State of Georgia is the owner of the above-described City of Kennesaw, Cobb County, Georgia, real properties and that in all matters relating to the conveyance of the real properties the State of Georgia is acting by and through its State Properties Commission.
SECTION 9. That the above-described real properties may be conveyed by appropriate instrument to the City of Kennesaw by the State of Georgia, acting by and through the State Properties Commission County, for a consideration of the fair market value, but not less than $650.00, and such further consideration and provisions as

920______GENERAL ACTS AND RESOLUTIONS, VOL. I_________
the State Properties Commission shall in its discretion determine to be in the best interest of the State of Georgia.
SECTION 10. That prior to any conveyance of the subject properties to the City of Kennesaw, Cobb County, Georgia, CSX Transportation Inc. shall first release its interest, if any, to the properties.
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 conveyances.
SECTION 13. That the deeds of conveyance shall be recorded by the grantee in the Superior Court of Cobb 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 State Properties Commission until the property is conveyed to the City of Kennesaw, Cobb County, Georgia.
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 State Properties Commission.
ARTICLE III SECTION 17.
That the State of Georgia is the owner of the above-described City of Chattanooga, Hamilton County, Tennessee, real property and that in all matters relating to the conveyance of the real property the State of Georgia is acting by and through its State Properties Commission.
SECTION 18. That all or a portion of the above-described real properties may be sold by competitive bid for a consideration of not less than the fair market of such

____________GEORGIA LAWS 2002 SESSION__________921
properties as determined to be in the best interest of the State of Georgia by the State Properties Commission; provided, however, that all or a portion of the above-described property may be sold to a city, county, school board, or other local public entity, which shall include development authorities for not less than the fair market value, as determined to be in the best interest of the State of Georgia by the State Properties Commission, without the necessity of competitive bid, and such further consideration and provisions as the State Properties Commission shall in its discretion determine to be in the best interest of the State of Georgia.
SECTION 19. That the authorization in this resolution to convey the above-described properties 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 conveyances.
SECTION 21. That the deeds of conveyance shall be recorded by the grantee in the Superior Court of Hamilton County, Tennessee, 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 State Properties Commission until the properties is conveyed.
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 State Properties Commission.
ARTICLE IV SECTION 25.
That the State of Georgia is the owner of the above-described City of Jasper, Pickens County, Georgia, real property and that in all matters relating to the conveyance of the real property the State of Georgia is acting by and through its State Properties Commission.
SECTION 26. That the above-described real properties may be conveyed to the City of Jasper, Pickens County, Georgia, for a consideration of $10.00, so long as the property is

922______GENERAL ACTS AND RESOLUTIONS, VOL. I________
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 interest of the State of Georgia.
SECTION 27. 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 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 Pickens 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 Forestry Commission until the property is conveyed.
SECTION 31. That all costs associated with the sale of the above described property shall be born by the Georgia Forestry Commission.
ARTICLE V SECTION 32.
That the State of Georgia is the owner of the above-described City of Griffin, Spalding County, Georgia, real property and that in all matters relating to the conveyance of the real property the State of Georgia is acting by and through its State Properties Commission.
SECTION 33. That the above-described real property may be conveyed by appropriate instrument to the Sofran Group by the State of Georgia, acting by and through the State Properties Commission in exchange for a parcel of property adjoining the Georgia Department of Labor facility in the City of Griffin, Spalding County, Georgia, containing approximately 0.4511 acres owned by the Sofran Group 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.

____________GEORGIA LAWS 2002 SESSION__________923
SECTION 34. That the authorization in this resolution to convey the above-described property to the Sofran Group shall expire three years after the date that this resolution becomes effective.
SECTION 35. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyance.
SECTION 36. That the deed of conveyance shall be recorded by the grantee in the Superior Court of Spalding County and a recorded copy shall be forwarded to the State Properties Commission.
SECTION 37. That custody of the above-described property shall remain in the Department of Labor until the properties is conveyed.
SECTION 38. That all costs associated with the sale of the above-described property shall be borne by the Department of Labor.
ARTICLE VI SECTION 39.
That the State of Georgia intends to be the owner of the above-described City of Washington, Wilkes County, Georgia, real property and that in all matters relating to the conveyance ofthe real property the State of Georgia is acting by and through its State Properties Commission.
SECTION 40. That the above-described real property may be conveyed by appropriate instrument to the City of Washington, Wilkes County, Georgia, by the State of Georgia, acting by and through the State Properties Commission for a consideration $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 41. That the authorization in this resolution to convey the above-described property to the City of Washington, Wilkes County, Georgia, shall expire three years after the date that this resolution becomes effective.

924______GENERAL ACTS AND RESOLUTIONS, VOL. I________
SECTION 42. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyance.
SECTION 43. That the deed of conveyance shall be recorded by the grantee in the Superior Court of Wilkes County and a recorded copy shall be forwarded to the State Properties Commission.
ARTICLE VII SECTION 44.
That all laws and parts of laws in conflict with this resolution are repealed.
Approved May 13, 2002.
JOINT STUDY COMMITTEE ON ALTERNATIVE AND ENVIRONMENTALLY SENSITIVE TRUCK FUELS - CREATED.
No. 46 (Senate Resolution No. 604).
A RESOLUTION
Creating the Joint Study Committee on Alternative and Environmentally Sensitive Truck Fuels; and for other purposes.
WHEREAS, air quality in metropolitan Atlanta and other areas of the state is unable to meet federal Clean Air Act standards; and
WHEREAS, the stigma of "nonattainment" hurts future economic development, threatens federal highway funding, and is the basis of lawsuits to stop or delay highway funding; and
WHEREAS, cleaner natural gas dual-fuel engines are currently available that will reduce emissions of medium and large-size trucks; and
WHEREAS, purchasing one medium or heavy duty natural gas truck (instead of diesel) will achieve the same Nox reduction as purchasing 149 natural gas passenger cars (instead of gasoline) or taking 62 gasoline cars offthe road entirely; and
WHEREAS, lowering those emission levels will have a beneficial impact on air quality in metropolitan Atlanta and other urban areas of the state; and

___________GEORGIA LAWS 2002 SESSION__________925
WHEREAS, liquified natural gas is taxed at a higher volumetric (BTU equivalent) rate than petroleum due to the current motor fuel tax structure in Georgia; and
WHEREAS, equalization of the motor fuel tax structure will be revenue neutral since only as little as 1 percent of vehicles on the road are likely to change to natural gas engines and this will not negatively affect the state highway fund; and
WHEREAS, there are no incentives to customers to use cleaner-burning fuel and, because of higher effective fuel tax rates and equipment costs, there is in essence a disincentive; and
WHEREAS, private fleet owners would convert their trucks to, and invest in, dual-fuel engines if incentives existed to offset the initial cost of conversion, such as the tax rates for alternate fuels being at least equalized with petroleum so there is not a disincentive to use alternate fuels; and
WHEREAS, if the state policy was changed to encourage the use of alternate fuels by truck fleets, air quality and energy efficiency would be improved; and
WHEREAS, liquified natural gas (LNG) is a much safer fuel for employees and the public at large to be exposed to since it is not as combustible as diesel fuel and lighter than air; and
WHEREAS, spilled LNG will not contaminate soil or water, and it is stored under much lower pressure than CNG (lOOpsi vs. 3000psi) and is therefore much safer in the event of tank damage sustained in a collision.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that there is created the Joint Study Committee on Alternative and Environmentally Sensitive Truck Fuels to be composed of:
(1) Three members of the House of Representatives to be appointed by the Speaker ofthe House, ofwhich one shall be a member ofthe Ways and Means Committee, one shall be a member of the Transportation committee, and one shall be a member of the Natural Resources Committee; (2) Three members of the Senate to be appointed by the President of the Senate, ofwhich one shall be a member ofthe Appropriations Committee, one shall be a member of the Transportation Committee, and one shall be a member of the Finance and Public Utilities Committee; and (3) One member of each of the following organizations to be appointed by the Governor:
(A) Clean Air Campaign; (B) Sierra Club; (C) Atlanta Regional Commission; (D) Metro Atlanta Chamber of Commerce; (E) Georgia Chamber of Commerce;

926______GENERAL ACTS AND RESOLUTIONS, VOL. I________
(F) Automobile manufacturers; (G) Georgia Motor Truck Association; (H) Highway Contractors Association; (I) Georgia Equipment Distributors Association; (J) Georgia Department of Transportation; (K) Georgia Department of Revenue; (L) American Gas Association; (M) Georgia Auto Dealers Association; (N) Georgia Environmental Protection Division; (O) Georgia Public Service Commission; (P) MARTA; (Q) Georgia Agribusiness Council; (R) Georgia Poultry Federation; (S) Georgia Petroleum Council; and (T) Georgia Regional Transportation Authority. The Speaker of the House of Representatives 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, including but not limited to:
(1) Changing the motor fuel tax structure in order to equalize rates in which alternative fuels are taxed; (2) Promoting equitable taxation of and incentives for converting to alternative fuels; (3) Creating additional economic and other incentives to fleet owners to convert to alternative fuels, including, but not limited to:
(A) Tax credits for conversion; and (B) Bid advantages for city, county, and state contracts; (4) Assistance in meeting current federally mandated deadlines regarding alternate fuel vehicles in their automotive fleet; (5) Promoting cleaner alternative truck fuels; (6) Promoting conversion, maintenance, and repair of dual-fuel truck engines; (7) Improved mobility of fleet by the ability to utilize HOV lanes, with the possibility of a special long term, low cost license plate for fleets, designating them as good corporate citizens and being environmentally sensitive; and (8) Investigating the cost of conversion to be able to use clean fuels. The committee shall recommend any actions or legislation which the committee deems necessary or appropriate. The committee may conduct such meetings at such places and at such times as it may deem necessary or convenient to enable it to exercise fully and effectively its powers, perform its duties, and accomplish the objectives and purposes of this resolution. The legislative members of the committee shall receive the allowances authorized for legislative members of interim legislative committees but shall receive the same for not more than five

___________GEORGIA LAWS 2002 SESSION___________927
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 to the Senate. In the event the committee makes a report of its findings and recommendations, with suggestions for proposed legislation, ifany, such report shall be made on or before December 31, 2002. The committee shall stand abolished on December 31, 2002.
Approved May 13, 2002.
CONSERVATION AND NATURAL RESOURCES WASTE MANAGEMENT; FEES; OPERATION OF
LAND DISPOSAL SITES FOR SEPTIC TANK WASTES; LIABILITY FOR SITE CLEAN-UP ACTIONS.
Code Sections 12-8-39, 12-8-91, 12-8-95, 12-8-95.1, and 12-8-96.1 and Code Title 12, Chapter 8, Article 9 Amended.
Code Sections 12-8-41 and 31-2-8 Enacted.
No. 853 (House Bill No. 1406).
AN ACT
To amend Chapter 8 ofTitle 12 ofthe Official Code ofGeorgia Annotated, relating to waste management, so as to change the amount of certain fees; to provide that the department shall have the power and duty to promulgate rules and regulations governing the operation of land disposal sites for septic tank wastes that receive such waste from more than one business; to provide that no such facility not in operation on January 1,2002, shall operate after July 1, 2002, unless permitted by such department; to extend the period certain fees and surcharges shall be collected; to provide for certain powers and duties of the Director of the Environmental Protection Division of the Department of Natural Resources; to change the criteria for property qualifying for a limitation of liability to site contamination; to provide for liability for clean-up actions without notice if the identity of the responsible person cannot be determined or the situation poses a danger to persons or the environment; to define a certain term; to provide for certain fees; to provide for matters relative to the foregoing; to amend Chapter 2 of Title 31 of the Official Code of Georgia Annotated, relating to the Department of Human Resources, so as to provide that the department shall have the power and duty to promulgate rules and regulations governing the operation ofland disposal sites for septic tank wastes that receive such waste from one business; to provide that no such facility which was not in operation on January 1, 2002, shall operate after July 1, 2002, unless permitted by such department; to repeal conflicting laws; and for other purposes.

928______GENERAL ACTS AND RESOLUTIONS, VOL. I_______
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Chapter 8 of Title 12 of the Official Code of Georgia Annotated, relating to waste management, is amended by striking in their entirety subsections (e) and (g) of Code Section 12-8-39, relating to cost reimbursement fees and surcharges, and inserting in lieu thereof, respectively, the following:
"(e) After July 1, 1992, owners or operators of any solid waste disposal facility other than an inert waste landfill as defined in regulations promulgated by the board or a private industry solid waste disposal facility shall assess and collect on behalf of the division from each disposer of waste a surcharge of 500 per ton of solid waste disposed. From July 1, 2003, through June 30, 2008, said surcharge shall be 650 per ton of solid waste disposed. After July 1, 2008, said surcharge shall be 750 per ton of solid waste disposed. Two percent of said surcharges collected may be retained by the owner or operator of any solid waste disposal facility collecting said surcharge to pay for costs associated with collecting said surcharge. Surcharges assessed and collected on behalf of the division shall be paid to the division on July 1,1993, for the period July 1,1992, through December 31, 1992. All subsequent payments shall be due on the first day of July of each year for the preceding calendar year." "(g) Unless the requirement for the surcharge required by subsection (e) of this Code section is reimposed by the General Assembly, no such surcharge shall be collected after July 1,2013."
SECTION 1A. Said chapter is further amended by inserting following Code Section 12-8-40 anew Code section to read as follows:
"12-8-41. The department shall provide by rule or regulation for the regulation and permitting of any land disposal site that receives septic tank waste from more than one septic tank pumping and hauling business; provided, however, that no such permit shall be issued except on the written approval of the governing authority of each county in which such site is wholly or partially located. No such site which was not in operation on January 1,2002, shall receive septic tank waste on or after July 1, 2002, unless a permit has been issued by the department."
SECTION 2. Said chapter is further amended by striking in its entirety subsection (b) of Code Section 12-8-91, relating to a declaration of policy and legislative intent, and inserting in lieu thereof the following:
"(b) The General Assembly declares its intent to fund the execution of the public policy set forth in subsection (a) of this Code section by and through the division with the fees established and collected by the division pursuant to subsection (e) of Code Section 12-2-2, subsection (e) of Code Section 12-8-39, subsection (d)

___________GEORGIA LAWS 2002 SESSION_________929
of Code Section 12-8-68, and Code Section 12-8-95.1. The General Assembly further declares its intent to ensure that the funding provided by fees on hazardous waste management activities and hazardous substance reporting and by owners and operators ofsolid waste disposal facilities pursuant to those Code sections and through the collection of civil penalties will not be diverted for any purpose other than the administration of this article by the division, including reviewing and overseeing investigations, corrective action, and other actions by federal agencies required under this article and supporting the reduction of hazardous waste and pollution prevention activities by federal agencies; the prevention ofpollution, including reduction ofhazardous wastes generated; and the effectuation of corrective action at sites that may threaten human health or the environment where hazardous wastes, hazardous constituents, or hazardous substances have been disposed of or released. Appropriation of funds to the department for inclusion in the hazardous waste trust fund continued in existence by subsection (a) of Code Section 12-8-95 shall be deemed consistent with this declaration of legislative intent."
SECTIONS. Said chapter is further amended by striking in their entirety paragraphs (3) and (4) of subsection (b) of Code Section 12-8-95, relating to the hazardous waste trust fund, and inserting in lieu thereof the following:
"(3) For activities of the division associated with the administration of this part, including reviewing and overseeing investigations, corrective action, and other actions by federal agencies required under this article and supporting the reduction of hazardous waste and pollution prevention activities by federal agencies; (4) In accordance with rules promulgated by the board, for financing of the state and local share ofthe costs associated with the investigation, remediation, and postclosure care and maintenance of sites placed on the National Priority List pursuant to the federal Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended, or sites placed on the hazardous site inventory pursuant to Code Section 12-8-97; provided, however, that the director shall ensure that beginning July 1,2003, and annually in each following year, an amount equal to at least one-half of the sum of annual collections made pursuant to subsection (e) of Code Section 12-8-39 and appropriated to the department in accordance with subsection (b) of Code Section 12-8-91 shall be available to be used for the purposes of this paragraph; provided, further, that ifa county or municipal corporation has been or is the owner of or operator of such site, not less than $500,000.00 of such costs shall be paid from the hazardous waste trust fund;"
SECTION 4. Said chapter is further amended by striking in its entirety Code Section 12-8-95.1, relating to hazardous waste management fees and hazardous substance reporting fees, and inserting in lieu thereof the following:

930______GENERAL ACTS AND RESOLUTIONS, VOL. I_______
"12-8-95.1
(a) The division is authorized and directed to charge and collect the fees for hazardous waste management activities and hazardous substance reporting fees as provided in this subsection. As used in this Code section, the term 'hazardous waste' shall not include any material excluded by 40 C.F.R. Part 261 of the Code of Federal Regulations. Every large quantity generator and every small quantity generator shall pay the greater of $115.00 per calendar year or the total of the hazardous waste management fees, and every person who is required to report pursuant to Section 313 of Title III of the federal Superfund Amendments and Reauthorization Act of 1986 shall pay the annual hazardous substance reporting fees, imposed as follows:
(1) Every large quantity generator of hazardous waste shall pay an annual fee of $23.00 per ton for hazardous waste shipped off site for disposal or incineration, $18.40 per ton for hazardous waste shipped off site for treatment or storage, and $10.35 per ton for hazardous waste shipped off site for treatment by being burned for energy recovery in accordance with rules and regulations promulgated pursuant to Part 1 of this article; provided, however, that no large quantity generator shall be liable for off-site hazardous waste management fees exceeding $75,000.00 in any calendar year. In no event shall any person be liable for an off-site hazardous waste management fee on any hazardous waste for which an off-site hazardous waste management fee has previously been paid; (2) Every large quantity generator of hazardous waste shall pay an annual fee of $11.50 per ton for hazardous waste disposed of or incinerated on site, $4.60 per ton for hazardous waste treated or stored on site, and $2.90 per ton for hazardous waste treated on site by being burned for energy recovery in accordance with rules and regulations promulgated pursuant to Part 1 of this article; provided, however, that no large quantity generator shall be liable for on-site hazardous waste management fees for disposal or incineration, treatment or storage, or treatment by burning for energy recovery in any calendar year exceeding the following amounts and according to the following schedule:
(A) Twenty-five thousand dollars for such payments due on July 1, 1993, and on July 1, 1994; (B) Fifty thousand dollars for such payments, excluding payments for the on-site treatment of waste water which is a hazardous waste, due on July 1, 1995, and on July 1, 1996; (C) Seventy-five thousand dollars for such payments, excluding payments for the on-site treatment of waste water which is a hazardous waste, due on and after July 1, 1997; (D) One thousand five hundred dollars for waste water which is a hazardous waste which is treated on site for payments due on July 1, 1995; (E) Three thousand dollars for waste water which is a hazardous waste treated on site for payments due on July 1, 1996; and

____________GEORGIA LAWS 2002 SESSION__________931
(F) Seven thousand five hundred dollars for waste water which is a hazardous waste treated on site for payments due on and after July 1,1997. For the purposes of this paragraph, a generator who generates waste water which is a hazardous waste shall not be required to count such hazardous waste in determining its status as a large quantity generator, a small quantity generator, or a conditionally exempt small quantity generator. For the purposes of this paragraph, dilution of waste water that is a hazardous waste shall be considered treatment subject to the fees established by this paragraph. A large quantity generator which pays fees for the off-site management of hazardous waste under paragraph (1) of this subsection for a hazardous waste which was previously managed on site shall not pay the applicable on-site management fee for that hazardous waste; (3) Every person who receives hazardous waste generated outside this state shall pay an annual fee of $23.00 per ton for hazardous waste disposed of or incinerated, $18.40 per ton for hazardous waste treated or stored, and $10.35 per ton for hazardous waste treated by being burned for energy recovery in accordance with rules and regulations promulgated pursuant to Part 1 of this article; provided, however, that no person shall be liable for importation fees exceeding $75,000.00 per out-of-state generator in any calendar year. In no case shall any person who receives hazardous waste from any person outside this state and who pays an importation fee on such waste pursuant to this paragraph be liable for the off-site hazardous waste management fees required by paragraph (1) of this subsection. Persons who receive hazardous waste generated outside this state are not required to pay the fees required by this paragraph for those wastes generated by conditionally exempt small quantity generators which are located outside this state. For the purposes of this paragraph, a 'conditionally exempt small quantity generator' means a generator who generates 220 pounds or less of hazardous waste in one month, as provided by rules promulgated by the board in accordance with this article; and (4) Each person who is required to report pursuant to Section 313 of Title III of the federal Superfund Amendments and Reauthorization Act of 1986 shall pay to the division an annual hazardous substance reporting fee as follows: (A) A facility with no reported release shall pay no fee; (B) A facility with a reported release of less than 1,000 pounds during the calendar year shall pay a fee of $575.00 for that calendar year; (C) A facility with a reported release equal to or greater than 1,000 pounds but less than 10,000 pounds during the calendar year shall pay a fee of $1,150.00 for that calendar year; and (D) A facility with a reported release equal or greater than 10,000 pounds during the calendar year shall pay a fee of $1,725.00 for that calendar year, (b) All hazardous waste and hazardous substance fees required by subsection (a) of this Code section shall be paid to the division for transfer into the state treasury to the credit of the general fund. The division shall collect such fees until the unencumbered principal balance of the hazardous waste trust fund equals or exceeds $25 million, at which time no hazardous waste or hazardous

932______GENERAL ACTS AND RESOLUTIONS, VOL. I________
substance fees shall be levied until the balance in that fund is less than or equal to an unencumbered balance of $12.5 million, in which case the levy and collection of hazardous waste fees shall resume at the beginning of the next calendar year following the year in which such unencumbered balance occurs. The director shall provide written notice to all large quantity generators and hazardous waste treatment, storage, and disposal facilities and all persons who are required to report pursuant to Section 313 of Title III of the federal Superfund Amendments and Reauthorization Act of 1986 at such time as the director receives notice that the unencumbered principal balance of the fund equals or exceeds $25 million or is equal to or less than $12.5 million. (c) All hazardous waste fees levied under this Code section shall be based on the amounts of hazardous waste managed or imported within the preceding calendar year. Such fees for the period July 1, 1992, through December 31, 1992, shall be paid to the division not later than July 1, 1993. All subsequent hazardous waste fees shall be paid not later than the first day of July of each year for the preceding calendar year. (d) All hazardous substance fees levied under this Code section shall be based on the hazardous substances reported for the preceding calendar year. All hazardous substance fees shall be paid not later than the first day of July of each year for the preceding calendar year. (e) Persons who make payments of fees levied by this Code section later than 30 days after the due date specified in subsection (c) of this Code section shall pay a penalty of 15 percent of the balance due and shall pay interest on the unpaid balance at the rate imposed by law for delinquent taxes due to the state. Delinquent fees may be collected in a civil action instituted in the name of the director. In addition to the 15 percent penalty and the interest that may be collected along with the delinquent fees as provided in this subsection, the director shall be entitled to collect all costs, including administrative costs, and legal expenses incurred by the state in connection with its collection efforts. (f) Hazardous waste which is generated by any of the following means is exempted from the fees required by this Code section:
(1) Corrective action required by an order, permit, or approved closure plan issued pursuant to Part 1 of this article; (2) Voluntary corrective action required by any person in accordance with applicable laws and regulations; and (3) Response actions required under the federal Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended. (g) The following persons shall not be required to pay the hazardous substance reporting fees required by this Code section: (1) Persons who report pursuant to Section 313 of Title III of the federal Superfund Amendments and Reauthorization Act of 1986 only for substances not designated as regulated substances pursuant to rules and regulations of the board; and

___________GEORGIA LAWS 2002 SESSION__________933
(2) Persons who report pursuant to Section 313 of Title III of the federal Superfund Amendments and Reauthorization Act of 1986 only for petroleum fuels, lubricants, and hydraulic fluids and components thereof that are designated as regulated substances pursuant to rules and regulations of the board. (h) Unless fee requirements established in this Code section are reimposed by the General Assembly, no such fees shall be levied after July 1, 2013. (i) In accordance with rules promulgated by the board pursuant to paragraph (6) of Code Section 12-8-93, the director is authorized to grant a waiver of a portion of the hazardous waste management fees and hazardous substance reporting fees provided by subsection (a) of this Code section not to exceed a 25 percent reduction per year for a maximum ofthree years for any company as an incentive upon the recommendation of the director of the Pollution Prevention Assistance Division made in conjunction with programs and activities designed to encourage industries in the state to reduce their generation of wastes, including but not limited to programs established to recognize and reward pollution performance and environmental improvement. (j) Beginning July 1,2003, and continuing annually thereafter, federal agencies shall pay the hazardous waste management fees required by this Code section provided an amount not less than the sum of all fees collected from federal agencies is appropriated annually to the department and used in accordance with subsection (b) of Code Section 12-8-91 and used for the purposes set forth in paragraph (3) of subsection (b) of Code Section 12-8-95."
SECTION 5. Said chapter is further amended by striking in its entirety subsection (a) of Code Section 12-8-96.1, relating to liability for cleanup costs, punitive damages, actions for recovery of costs and damages, and claims for contribution, and inserting in lieu thereof the following:
"(a) Each and every person who contributed to a release of a hazardous waste, a hazardous constituent, or a hazardous substance shall be jointly, severally, and strictly liable to the State of Georgia for the reasonable costs of activities associated with the cleanup of environmental hazards, including legal expenses incurred by the state pursuant to subsection (a) of Code Section 12-8-96, as a result ofthe failure ofsuch person to comply with an order issued by the director. Any such person shall be so liable notwithstanding the absence of the issuance of an order to such person pursuant to subsection (a) of Code Section 12-8-96 if the director is unable to identify such person prior to the commencement of clean-up action after making a reasonable effort to do so pursuant to such Code section, or ifsuch person contributed to a release which resulted in an emergency action by the director and issuance of such an order would cause a delay in corrective action that could endanger human health and the environment. The person may, in addition, be liable for punitive damages in an amount at least equal to the costs incurred by the state and not more than three times the costs incurred by the state for activities associated with the cleanup of environmental

934______GENERAL ACTS AND RESOLUTIONS, VOL. I_______
hazards. Costs and damages incurred by the state may be recovered in a civil action instituted in the name of the director. All costs recovered by the state pursuant to this Code section shall be deposited into the hazardous waste trust fund."
SECTION 6. Said chapter is further amended by striking in its entirety Article 9, the "Georgia Hazardous Site Reuse and Redevelopment Act", and inserting in lieu thereof the following:
"ARTICLE 9
12-8-200. This article shall be known and may be cited as the 'Georgia Hazardous Site Reuse and Redevelopment Act.'
12-8-201. (a) It is declared to be the public policy of the State of Georgia, in furtherance of its responsibility to protect the public health, safety, and well-being of its citizens and to protect and enhance the quality of its environment, to encourage the clean up, reuse, and redevelopment of properties where there have been releases of hazardous waste, hazardous constituents, and hazardous substances, into the environment. (b) The General Assembly declares its intent to fund the execution of the public policy set forth in subsection (a) of this Code section by and through the division with application review fees established and collected by the division pursuant to Code Section 12-8-209. The General Assembly further declares its intent to ensure that the funding provided by the application review fees will not be diverted for any purpose other than the administration of this article by the division. Appropriation of funds to the Department of Natural Resources for inclusion in the hazardous waste trust fund continued in existence by subsection (a) of Code Section 12-8-95 shall be deemed consistent with this declaration of legislative intent.
12-8-202. (a) Unless otherwise provided in this article, the definition of all terms included in Code Sections 12-8-62 and 12-8-92 shall be applicable to this article. (b) As used in this article, the term:
(1) 'Certificate of compliance' means the certification of compliance with a corrective action plan required by Code Section 12-8-207. (2) 'Corrective action plan' means the corrective action plan required by Code Section 12-8-207. (3) 'Groundwater' means any subsurface water that is in a zone of saturation. (4) 'Hazardous site inventory' means the hazardous site inventory published by the division pursuant to Code Section 12-8-97.

___________GEORGIA LAWS 2002 SESSION__________935
(5) 'Preexisting release' means a release, as such term is defined in paragraph (11) of Code Section 12-8-92, which occurred prior to the prospective purchaser's application for a limitation of liability pursuant to this article. (6) 'Prospective purchaser' means a person who intends to purchase a property where there is a preexisting release. (7) 'Qualifying property' means a property which meets the criteria of Code Section 12-8-205 which a prospective purchaser intends to purchase and bring into compliance with the risk reduction standards. (8) 'Risk reduction standards' means those standards promulgated by the board pursuant to Part 2 of Article 3 of this chapter. (9) 'Soil' means any unconsolidated earth material, together with any unconsolidated plant or animal matter or foreign material that has been incorporated into it, that either consists of or remains within, or comes to be deposited on, native soil or regolith. (10) 'Source material' means any hazardous waste, hazardous substance, or hazardous constitutent that has been released or disposed of that requires notification in accordance with the rules promulgated by the board pursuant to Part 2 of Article 3 of Chapter 8 of Title 12, the 'Georgia Hazardous Site Response Act.'
12-8-203. (a) The board shall have the power to adopt, promulgate, modify, amend, and repeal rules and regulations to implement and enforce the provisions of this article as necessary to provide for the redevelopment and return to productive use certain qualifying properties. Such rules and regulations may be applicable to the state as a whole or may vary from region to region, as may be appropriate to facilitate the accomplishment of the provisions, purposes, and policies of this article. (b) The board's rules and regulations shall include, but shall not be limited to, the following:
(1) Rules and regulations governing the eligibility criteria of prospective purchasers seeking a limitation of liability; (2) Rules and regulations governing procedures for application and approval of prospective purchasers seeking a limitation of liability; and (3) Rules and regulations governing procedures and criteria for determining whether a prospective purchaser qualifies for a limitation of liability.
12-8-204. (a) The director shall have the power and duty:
(1) To make determinations, in accordance with procedures and criteria enumerated in this article and rules and regulations promulgated pursuant to this article, as to whether a prospective purchaser qualifies for a limitation of liability;

936______GENERAL ACTS AND RESOLUTIONS, VOL. I_______
(2) To make determinations, in accordance with procedures and criteria enumerated in this article and rules and regulations promulgated pursuant to this article, as to whether a proposed corrective action plan is sufficient to bring the qualifying property into compliance with the risk reduction standards; (3) To ensure that all actions in an approved corrective action plan are completed within the time specified, the corrective action requirements are implemented, and the risk reduction standards are achieved and certified for a qualifying property prior to concurrence with a certification of compliance; (4) To approve corrective action plans; (5) To concur with certifications of compliance; and (6) To assess and collect application review fees from prospective purchasers, (b) The powers and duties described in subsection (a) of this Code section may be exercised and performed by the director through such duly authorized agents and employees as the director deems necessary and proper.
12-8-205. In order to be considered a qualifying property for a limitation of liability as provided in Code Section 12-8-207, a property must meet the following criteria:
(1) The property must have a preexisting release; (2) Any lien filed under subsection (e) of Code Section 12-8-96 against the property must be satisfied or settled and released by the director pursuant to Code Section 12-8-94; (3) The property must not:
(A) Be listed on the federal National Priorities List pursuant to the federal Comprehensive Environmental Response, Compensation, and Liability Act, 42 U.S.C. Section 9601, et seq.; (B) Be currently undergoing response activities required by an order of the regional administrator of the federal Environmental Protection Agency issued pursuant to the provisions of such act; or (C) Be a hazardous waste facility as defined in Code Section 12-8-62; and (4) The property shall meet other criteria as may be established by the board as provided in this article and Article 3 of this chapter.
12-8-206. (a) To qualify for a limitation of liability as provided in Code Section 12-8-207, a prospective purchaser must meet the following criteria:
(1) The prospective purchaser must not be a person who has contributed or who is contributing to a release at the qualifying property; (2) Where the prospective purchaser is an individual, the party must not: be a relative by blood within the third degree of consanguinity or by marriage; be an employee, shareholder, officer, or agent; or otherwise be affiliated with a current owner of the subject property or any person who has contributed or is contributing to a release at the subject property; (3) Where the prospective purchaser is a corporation or other legal entity, the party must not: be a current or former subsidiary, division, parent company, or

____________GEORGIA LAWS 2002 SESSION__________937
partner; be the employer or former employer; or otherwise have been affiliated with the current owner of the subject property or any person who has contributed or is contributing to a release at the subject property; (4) The prospective purchaser must not be in violation of any order, judgment, statute, rule, or regulation subject to the enforcement authority ofthe director; and (5) The prospective purchaser must meet such other criteria as may be established by the board pursuant to Code Section 12-8-203. (b) The director may grant a variance from the eligibility requirements contained in paragraphs (2), (3), (4), and (5) of subsection (a) of this Code section if the director finds that such criteria would render a prospective purchaser ineligible for a limitation of liability under this article, that no other qualified prospective purchaser has applied for a limitation of liability for the qualifying property, and that: (1) Such ineligibility would result in the continuation of a condition which poses a threat to human health and the environment; (2) The director would likely be required to perform the necessary corrective action using funds from the hazardous waste trust fund; and (3) In all probability, the director would be unable to recover the cost of the corrective action as provided in Code Section 12-8-96.1. The director may place such conditions upon the grant of a variance as he or she deems appropriate including, without limitation, a provision relating to the time all or a portion of the corrective action must be completed, and if the applicant fails to comply with such conditions the director may modify or withdraw such variance.
12-8-207. (a) Upon the director's approval of the prospective purchaser corrective action plan or concurrence with the certification of compliance described in this Code section, whichever first occurs, a prospective purchaser shall not be liable to the state or any third party for costs incurred in the remediation of, equitable relief relating to, or damages resultant from the preexisting release, nor shall the prospective purchaser be required to certify compliance with risk reduction standards for groundwater, perform corrective action, or otherwise be liable for any preexisting releases to groundwater associated with the qualifying property.
(b)(l) For qualifying properties which the director has designated as needing corrective action in accordance with paragraph (8) of subsection (a) of Code Section 12-8-97, any party desiring to qualify for a limitation of liability pursuant to this Code section shall submit a prospective purchaser corrective action plan to the division. The corrective action plan shall, at minimum, enumerate and describe in detail those actions planned and proposed to bring any source material or soil found on the qualifying property into compliance with all applicable rules and regulations adopted by the board governing the investigation, cleanup, and corrective action at properties listed on the hazardous site inventory. A corrective action plan submitted by a prospective

938______GENERAL ACTS AND RESOLUTIONS, VOL. I________
purchaser under this subsection shall be in such form and meet such criteria as established by the board. (2) The prospective purchaser shall submit proof of financial assurance, in such form as specified by the director, of his or her ability to implement the corrective action plan. (3) Upon the director's approval ofthe prospective purchaser corrective action plan, it shall be the responsibility of the prospective purchaser to implement said plan. The director's approval of a prospective purchaser corrective action plan shall not in any way be construed as a guarantee, promise, or assurance that the director will concur with the prospective purchaser's certification of compliance for source material and soil in accordance with the provisions of this Code section. Compliance with the appropriate risk reduction standards for source material or soil in effect at the time the director's concurrence is sought is the sole responsibility of the prospective purchaser. The prospective purchaser shall not acquire a vested right to the director's concurrence regardless of the expenditure of money. The prospective purchaser shall implement the corrective action plan with the understanding that the requirements of corrective action necessary to obtain a limitation of liability are subject to change because of newly discovered facts or subsequent changes in state or federal laws, rules, or regulations. (4) The director' s approval ofthe prospective purchaser corrective action plan shall specify a time within which the prospective purchaser must certify the qualifying property to be in compliance with the risk reduction standards for source material or soil in order to maintain the limitation of liability provided for by subsection (a) of this Code section. The director may revoke the limitation of liability provided for by subsection (a) of this Code section if the prospective purchaser fails to certify compliance within such time. (5) If at any time the director determines that any element of an approved prospective purchaser corrective action plan must be modified in order to achieve compliance with the risk reduction standards for source material or soil or that the corrective action is not being implemented in accordance with the corrective action plan, the director may revoke his or her approval of the plan and the limitation of liability by providing the prospective purchaser with written notification specifying the basis for making such determination and requesting modification and resubmission of a modified plan or an opportunity to address any deficiencies in implementing the corrective action plan within a specified time. If at any time the prospective purchaser determines that any element of an approved prospective purchaser corrective action plan must be modified in order to achieve compliance with the risk reduction standards for source material or soil, the prospective purchaser shall notify the director and obtain approval of the proposed modification. (6) A prospective purchaser shall, upon completion of those activities specified in the corrective action plan, submit to the director a compliance status report certifying the compliance of any source material or soil found on the qualifying property with the risk reduction standards for source material or

__________GEORGIA LAWS 2002 SESSION__________939
soil and corrective action requirements. The qualifying property will be deemed in compliance with the source or soil contamination risk reduction standards upon the prospective purchaser's receipt of the director's written concurrence with the compliance status report. (c) For those qualifying properties which the director has not yet designated as being in need of corrective action, any party desiring to qualify for a limitation of liability as provided in this Code section shall certify the qualifying property to be in compliance with the risk reduction standards for source material or soil by submitting a compliance status report to the division in such form as provided by rules and regulations adopted by the board. A compliance status report submitted by a prospective purchaser under this subsection shall be in such form and meet such criteria as established by the board. The qualifying property will be deemed in compliance with the risk reduction standards for source material or soil upon the prospective purchaser's receipt of the director's written concurrence with the compliance status report. (d) A person who holds indicia of ownership executed by the prospective purchaser primarily to protect said person's security interest in the qualifying property or who acts in good faith solely in a fiduciary capacity and who did not actively participate in the management, disposal, or release ofhazardous wastes, hazardous constituents, or hazardous substances on or from the qualifying property shall not be liable to the state or any third party for costs incurred in the remediation of, equitable relief relating to, or damages resultant from the preexisting release at the qualifying property. (e) When a person who holds indicia of ownership executed by the prospective purchaser primarily to protect said person's security interest in the qualifying property takes title to the qualifying property from the prospective purchaser via foreclosure or a deed in lieu of foreclosure, such new titleholder shall maintain his or her limitation of liability under subsection (d) of this Code section if: (1) The director is informed in writing of the transfer of title; and (2) Within 180 days, or such other time period as specified by the director, of said transfer of title, the new titleholder:
(A) Presents the name of a new party who qualifies as a prospective purchaser for the qualifying property along with said new party's written assurance, including financial assurance, that the prospective purchaser corrective action plan will be fully implemented; or (B) Submits a statement in writing that the new titleholder complies with the requirements applicable to prospective purchasers under this article.
12-8-208. (a) The limitation of liability provided by subsection (a) of Code Section 12-8-207 shall be contingent upon the prospective purchaser's good faith implementation of the corrective action plan as approved by the director as well as the certification ofcompliance with the risk reduction standards and corrective action requirements. Such limitation of liability shall not be applicable to any activities conducted on the qualifying property before the director's approval of

940______GENERAL ACTS AND RESOLUTIONS, VOL. I________
the corrective action plan or concurrence with a certification of compliance, whichever first occurs, or during any time the director's approval of the corrective action plan has been suspended or revoked. (b) The limitation of liability provided by this article shall not affect any right of indemnification which any person has or may acquire by contract against any other person who is otherwise liable for creating an environmental hazard; apply to persons who intentionally, wantonly, or willfully violate federal or state regulations in the cleanup process; or apply to any release occurring or continuing after the date of the certification of compliance unless any such continuing release is specifically addressed in the director's concurrence with the certification of compliance. (c) The limitation of liability provided by this article shall be fully transferable to the heirs, assigns, and designees of the person to whom such limitation of liability is granted; provided, however, that in no event shall the director's approval of a corrective action plan or concurrence with a certification of compliance operate to absolve from liability any party deemed to be a person who has contributed or is contributing to a release at the qualifying property. A transfer of the title to the qualifying property or any portion thereof from the prospective purchaser back to the owner of the property from which the subject property was purchased, any other party deemed to be a person who has contributed or is contributing to a release at the property, or any person disqualified from obtaining a limitation of liability under Code Section 12-8-206 shall terminate any limitation of liability applicable to the transferor under this article. (d) For the purpose of determining liability for continuing or future releases of regulated substances upon or from any qualifying property for which the director has concurred with a certification of compliance pursuant to Code Section 12-8-207, the background or baseline concentration for any and all releases for which corrective action was performed or compliance certified or both shall be equivalent to the risk reduction standard for which compliance was certified in order to invoke the limitation of liability. (e) The limitation of liability provided by this article shall have no effect on liability for releases of hazardous waste, hazardous constituents, or hazardous substances not addressed in the corrective action plan or the certification of compliance. Any such release shall constitute a new, separate, and distinct release, subject to the provisions of Part 2 of Article 3 of this chapter. (f) Nothing in this article shall limit the authority of the director or the division to take action in response to any release or threat of release. Except as provided in this article, nothing shall limit the authority of the director or the division to seek recovery of costs from persons liable under Part 2 of Article 3 of this chapter.
12-8-209. The initial compliance status report or a corrective action plan submitted for any qualifying property under Code Section 12-8-207 shall be deemed to be an

____________GEORGIA LAWS 2002 SESSION__________941
application to participate in the program described in this article and shall be submitted in such form as may be prescribed by the director. By making said initial submission, the prospective purchaser agrees to the provisions ofthis Code section. A nonrefundable application review fee of $3,000.00 shall be submitted with the application. Within 30 days ofthe receipt ofthe application, the director shall cause to be prepared and delivered to the applicant an estimate of the projected costs ofthe division to review the application. The director may, at any time during the application review process, invoice the applicant for any costs of the division in reviewing the application that exceed the initial application review fee. Failure to remit payment within 30 days of receipt of invoice may cause rejection of the application. The director may not issue a written concurrence with a certification of compliance if there is an outstanding fee to be paid by the prospective purchaser."
SECTION 6A. Chapter 2 of Title 31 of the Official Code of Georgia Annotated, relating to the Department of Human Resources, is amended by inserting at the end thereof the following:
"31-2-8. The department shall provide by rule or regulation for the regulation and permitting of any land disposal site that receives septic tank waste from only one septic tank pumping and hauling business; provided, however, that no such permit shall be issued except on the written approval of the governing authority of each county in which such site is wholly or partially located. No such site which was not in operation on January 1, 2002, shall receive septic tank waste on or after July 1, 2002, unless a permit has been issued by the department."
SECTION 7. This Act shall become effective on July 1,2002, except for Section 4, which shall become effective on July 1, 2003.
SECTION 8. All laws and parts of laws in conflict with this Act are repealed.
Approved May 14, 2002.

942______GENERAL ACTS AND RESOLUTIONS, VOL. I_______
CRIMINAL PROCEDURE - PROFESSIONAL BONDSMEN; CRIMINAL BACKGROUND INVESTIGATION AND FINGERPRINT CHECK; PERSONAL CARE HOME EMPLOYMENT APPLICANTS; CRIMINAL RECORDS CHECK.
Code Sections 17-6-50, 31-7-250, 31-7-252, 31-7-253, 31-7-254, 31-7-255, 31-7-256, 31-7-257, 31-7-259, and 49-2-14 Amended.
No. 854 (House Bill No. 1413).
AN ACT
To amend Part 2 of Article 2 of Chapter 6 of Title 17 of the Official Code of Georgia Annotated, relating to professional bondsmen, so as to require a person seeking to operate as a professional bondsman to undergo a criminal background investigation and fingerprint check with the Georgia Crime Information Center and the Federal Bureau of Investigation; to amend Article 11 of Chapter 7 of Title 31 of the Official Code of Georgia Annotated, relating to personal care facility licensing and employee records checks, to provide for criminal records checks for personal care homes employment applicants; to amend Chapter 2 of Title 49 of the Official Code of Georgia Annotated, relating to the Department of Human Resources, so as to provide that Code Sections 31-7-250 through 31-7-264 shall apply to personal care homes; to provide for effective dates; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION A. Part 2 of Article 2 of Chapter 6 of Title 17 of the Official Code of Georgia Annotated, relating to professional bondsmen, is amended by inserting at the end of Code Section 17-6-50, relating to persons deemed professional bondsmen, a new subsection to read as follows:
"(c) The sheriff of the county in which the bonding business is conducting business or is seeking approval to conduct business shall initiate a criminal background investigation to ensure that a professional bondsman has not been convicted of a felony or a crime involving moral turpitude in this state or any other jurisdiction. The sheriff shall require the professional bondsman to furnish two full sets of fingerprints which the sheriff shall submit to the Georgia Crime Information Center. The center shall submit a full set of fingerprints to the Federal Bureau of Investigation for a national criminal history record check."

____________GEORGIA LAWS 2002 SESSION__________943
SECTION 1. Article 11 of Chapter 7 of Title 3 1 of the Official Code of Georgia Annotated, relating to personal care facility licensing and employee records checks, is amended by striking Code Section 31 -7-250, relating to definitions, and inserting in its place the following:
"31-7-250.
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 any of the following offenses: (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 felony violation of Code Section 16-8-2, relating to theft by taking; (E) A felony violation of Code Section 16-8-3, relating to theft by deception; (F) A felony violation of Code Section 16-8-4, relating to theft by conversion; (G) A violation of Code Section 16-9-1 or 16-9-2, relating to forgery in the first and second degree, respectively; (H) A violation of Code Section 16-5-1, relating to murder and felony murder; (I) A violation of Code Section 16-4-1, relating to criminal attempt as it concerns attempted murder; (J) A violation of Code Section 16-8-40, relating to robbery; (K) A violation of Code Section 16-8-41, relating to armed robbery; (L) A violation of Chapter 13 of Title 16, relating to controlled substances; (M) A violation of Code Section 16-5-23.1, relating to battery; (N) A violation of Code Section 16-6-5.1, relating to sexual assault against a person in custody; (O) A violation of Code Section 30-5-8, relating to abuse, neglect, or exploitation of a disabled adult or elder person; or (P) Any other offense committed in anotherjurisdiction which, ifcommitted 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: (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

944______GENERAL ACTS AND RESOLUTIONS, VOL. I_______
(C) Arrest and being charged 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) 'Director1 means the chief administrative or executive officer or manager. (5) 'Employee' means any person, other than a director, utilized by a personal care home to provide personal services to any resident on behalf of the personal care home or to perform at any facilities of the personal care home any duties which involve personal contact between that person and any paying resident of the personal care home. (6) 'Facility' means real property of a personal care home where residents reside. (7) 'Fingerprint records check determination' means a satisfactory or unsatisfactory determination by the department based upon a records check comparison of GCIC information with fingerprints and other information in a records check application. (8) 'GCIC' means the Georgia Crime Information Center established under Article 2 of Chapter 3 of Title 35. (9) 'GCIC information' means criminal history record information as defined in Code Section 35-3-30. (10) 'License' means the permit or document issued by the department to authorize the personal care home to which it is issued to operate a facility under this chapter. (11) 'Personal care home' or 'home' means a home required to be licensed or permitted under Code Section 31-7-12. (11.1) 'Personal services' includes, but is not limited to, individual assistance with or supervision of self-administered medication and essential activities of daily living such as eating, bathing, grooming, dressing, and toileting. (12) 'Preliminary records check application' means an application for a preliminary records check determination on forms provided by the department. (13) 'Preliminary records check determination' means a satisfactory or unsatisfactory determination by the department based only upon a comparison of GCIC information with other than fingerprint information regarding the person upon whom the records check is being performed. (14) 'Records check application' means two sets of classifiable fingerprints, a records search fee to be established by the department by rule and regulation, payable in such form as the department may direct to cover the cost of a fingerprint records check under this article, and an affidavit by the applicant disclosing the nature and date of any arrest, charge, or conviction of the applicant for the violation of any law, except for motor vehicle parking violations, whether or not the violation occurred in this state, and such additional information as the department may require. (15) 'Regular license' means a permit which will remain in effect for the personal care home, until and unless the facility ceases to operate or revocation proceedings are commenced.

____________GEORGIA LAWS 2002 SESSION__________945
(16) 'Satisfactory determination' means a written determination that a person for whom a records check was performed was found to have no criminal record. (17) 'Temporary license' means a provisional permit which expires six months or 12 months from the date of issuance, unless extended for good cause by the department. (18) 'Unsatisfactory determination' means a written determination that a person for whom a records check was performed has a criminal record."
SECTION 2. Said title is further amended by striking Code Section 31-7-252, relating to director records check applications and employee preliminary records check applications, and inserting in its place the following:
"31-7-252.
Accompanying any application for a new license for a facility, the applicant shall furnish to the department a records check application and a preliminary records check application for the director of such facility. In lieu of such records check applications, the applicant may submit evidence, satisfactory to the department, that within the immediately preceding 12 months the director received a satisfactory fingerprint records check determination. The department shall contract either with GCIC or other appropriate law enforcement agencies which have access to GCIC information to perform itself or have those agencies perform for the department a preliminary records check for each records check application submitted thereto by the department; and the department shall make a written determination based upon that records check."
SECTION 3. Said title is further amended by striking Code Section 31-7-253, relating to written notification as to records check determinations, effect of unsatisfactory determinations, and issuance of temporary licenses, and inserting in its place the following:
"31-7-253.
After being furnished the required records check applications under Code Section 31-7-252, the department shall notify in writing the license applicant as to each person for whom an application was received regarding whether the department' s determination as to that person's preliminary records check was satisfactory or unsatisfactory. If the preliminary records check determination was satisfactory as to the director of the facility, that applicant may be issued a temporary license for that facility if the applicant otherwise qualifies for a license under Article 1 of this chapter. If the determination was unsatisfactory as to the director of the facility, the applicant shall designate another director for that facility after receiving notification of the determination and proceed under Code Section 31-7-252 and this Code section to obtain a preliminary records check for that newly designated director. The applicant may not be issued a temporary license for that facility until the department has determined under the procedures of Code

946______GENERAL ACTS AND RESOLUTIONS, VOL. I________
Section 31-7-252 and this Code section that the director has a satisfactory preliminary records check determination."
SECTION 4. Said title is further amended by striking Code Section 31-7-254, relating to transmission of director's fingerprints to GCIC for review and notification to the department of findings, and inserting in its place the following:
"31-7-254. After issuing a temporary license based upon a satisfactory preliminary records check determination of the director under Code Section 31-7-253, the department shall transmit to GCIC both sets of fingerprints and the records search fee from that director's records check application. Upon receipt thereof, GCIC 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 records and records to which it has access. Within 75 days after receiving fingerprints acceptable to GCIC, the application, and fee, GCIC shall notify the department in writing of any derogatory finding, including but not limited to any criminal record, of the fingerprint records check or if there is no such finding."
SECTION 5. Said title is further amended by striking Code Section 31 -7-255, relating to issuance of regular licenses, and inserting in its place the following:
"31-7-255. After receiving a GCIC notification regarding a director's fingerprint records check under Code Section 31-7-254, the department shall make a determination based thereon and notify in writing the license applicant as to whether that records check was satisfactory or unsatisfactory. If the fingerprint records check determination was satisfactory as to the director ofthe facility, that applicant may be issued a regular license for that facility. If the fingerprint records check determination was unsatisfactory as to the director of the facility, after receiving notification of that determination, that applicant shall designate another director for such facility, for which director the applicant has not received or made an unsatisfactory preliminary or fingerprint records check determination, and proceed under the requirements of Code Sections 31 -7-252 through 31 -7-254 and this Code section to obtain a preliminary records check and fingerprint records check determination for the newly designated director. The applicant may not be issued a regular license for that facility until the director has a satisfactory fingerprint records check determination."
SECTION 6. Said title is further amended by striking Code Section 31-7-256, relating to expiration of facility licenses prior to July 1, 1985 and issuance of temporary or regular licenses, and inserting in its place the following:

____________GEORGIA LAWS 2002 SESSION__________947
"31-7-256.
Reserved."
SECTION 7. Said title is further amended by striking Code Section 31-7-257, relating to procedure upon issuance of temporary licenses, and inserting in its place the following:
"31-7-257.
Reserved."
SECTION 8. Said title is further amended by striking Code Section 31-7-259, relating to preliminary records check determination, suspension or revocation of license, refusal to issue regular license, fingerprint check, employment history, and director's criminal liability, and inserting in its place the following:
"31-7-259.
(a) Before a person may become a director of any facility that has received either a temporary or regular license, that facility shall require that person to furnish to the department a preliminary records check application and a records check application and the department shall, under the procedures of Code Sections 31-7-252 and 31-7-253, make a preliminary records check determination and send notice thereof to the facility and director prior to the director beginning work. Ifthe preliminary records check is unsatisfactory, the facility shall not hire the director. If the subsequent fingerprint records check determination is unsatisfactory, the facility shall take such steps as are necessary so that such person is no longer the director of the facility. (b) Before a person may become an employee of a facility, each potential employee of a facility shall request a criminal record check from a local law enforcement agency and submit the results of the criminal record check to the facility. The personal care home shall be authorized to rely on written information received from a local law enforcement agency, GCIC, or other official agency to determine whether the applicant for employment has a criminal record. A personal care home shall not employ a person with an unsatisfactory determination. (c) In addition, where an applicant for employment at a personal care home has not been a resident of the state for a period of three years preceding the date of application for employment, the personal care home shall attempt to obtain a criminal record check from the local law enforcement agency of the applicant's previous state of residence. If the local criminal record check from either the applicant's previous state of residence or this state indicates multistate offender status, the personal care home shall not employ the applicant until a determination is made as to whether the applicant has a criminal record. If the personal care home elects to determine the nature of the criminal activity, the personal care home shall transmit the preliminary records check application and the records check application on behalf of the potential employee to the

948______GENERAL ACTS AND RESOLUTIONS, VOL. I_________
department for processing through the GCIC. A personal care home shall not employ a person with an unsatisfactory determination. (d) If the personal care home is unable to obtain a criminal record check from the local law enforcement agency of the applicant's previous state of residence, it shall transmit a records check application to the department which shall process the application through the GCIC. A personal care home shall not employ a person with an unsatisfactory determination. (e) The fee for a criminal records check under this Code section shall be no greater than the actual cost of processing the request, and shall be paid by the personal care home or by the applicant for employment. The law enforcement agency of this state receiving the request shall perform a criminal record check for a personal care home within a reasonable time but in any event within a period not to exceed three days of receiving the request. (f) Each application form provided by the employer to the applicant for employment shall conspicuously state the following: 'FOR THIS TYPE OF EMPLOYMENT, STATE LAW REQUIRES A CRIMINAL RECORD CHECK AS A CONDITION OF EMPLOYMENT.' (g) Both temporary and regular licenses are subject to suspension or revocation or the department may refuse to issue a regular license if a person becomes a director or employee subsequent to the granting of a license and that person does not undergo the records checks applicable to that director or employee and receive a satisfactory determination. (h) After the issuance of a regular or temporary license, the department may require a fingerprint records check on any director or employee to confirm identification for records search purposes, or when subsequent to a preliminary records check, the department has reason to believe that the director or employee has a criminal record. The department may require a fingerprints record check on any director or employee during the course ofan abuse investigation involving the director or employee. In such instances, the department shall require the director or employee to furnish two full sets of fingerprints which the department shall submit to the GCIC together with appropriate fees collected from the director or employee or personal care home. Upon receipt thereof, the GCIC shall promptly transmit one set of fingerprints to the Federal Bureau of Investigation for a search of bureau records and an appropriate report and retain the other set and promptly conduct a search of its records and records to which it has access. The GCIC shall notify the department in writing of any derogatory finding, including but not limited to any criminal record obtained through the fingerprint record check or if there is no such finding. Where the department determines that the director or employee has a criminal record, the department shall notify the facility of the unsatisfactory determination and the facility shall take such steps as are necessary so that such person is no longer the director or an employee of the facility. (i) No personal care home may have any person as an employee after July 1, 2002, unless there is on file in the personal care home an employment history for

____________GEORGIA LAWS 2002 SESSION__________949
that person and a satisfactory determination that the person does not have a criminal record. (j) Except as provided in subsection (1) of this Code section, a director of a facility having an employee whom that director knows or should reasonably know to have a criminal record, as defined in Code Section 31-7-250, shall be guilty of a misdemeanor. (k) The provisions of this Code section shall not apply to a member of the administrative staff or an applicant for an administrative staff position of a personal care home whose duties do not include management of resident funds or personal contact between that person and any paying resident of the home. (1) Where a personal care home determines that an applicant for employment has a criminal record but there are matters in mitigation of the criminal record, no physical harm was done to the victim, and the personal care home would like to hire the applicant, the personal care home may submit an application for a preliminary records check to the department on behalfofthe potential employee on forms provided by the department. The personal care home shall not hire the potential employee to work in the home until the personal care home receives notification from the department that the applicant either has a satisfactory criminal record check or an administrative law judge has determined that the applicant is authorized to work in a personal care home, (m) Except as provided in subsection (1) of this Code section, a personal care home that hires an applicant for employment with a criminal record is in violation of licensing requirements and the department is authorized to impose a civil penalty pursuant to the authority granted it under the rules and regulations for the enforcement of licensing requirements."
SECTION 9. Chapter 2 of Title 49 of the Official Code of Georgia Annotated, relating to the Department of Human Resources, is amended in Code Section 49-2-14, relating to record search for conviction data on prospective Department of Human Resources employees, by striking subsection (e) and inserting in its place the following:
"(e) Notwithstanding the provisions ofsubsection (c) ofthis Code section, when a contractor to this department is a personal care home, the provisions of Code Sections 31-7-250 through 31-7-264 shall apply. (f) The department may promulgate written rules and regulations to implement the provisions of this Code section."
SECTION 10. Section A of this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. The remaining sections of this Act shall become effective on July 1, 2002.

950______GENERAL ACTS AND RESOLUTIONS, VOL. I
SECTION 11. All laws and parts of laws in conflict with this Act are repealed.
Approved May 14, 2002.
ADDITIONAL COMPENSATION FOR CLERKS OF SUPERIOR COURT IN CERTAIN COUNTIES - REPEALED.
No. 855 (House Bill No. 1421).
AN ACT
To repeal an Act providing certain additional compensation for the clerk of the superior court of all counties of this state having a certain population, approved April 12,1982(Ga. L. 1982, p. 453 6), as amended, particularly by an Act approved April 13, 1992 (Ga. L. 1992, p. 1220); 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 certain additional compensation for the clerk ofthe superior court of all counties of this state having a certain population, approved April 12, 1982 (Ga.L. 1982, p. 4536), as amended, particularly by an Act approved April 13,1992 (Ga. L. 1992, p. 1220), is repealed in its entirety.
SECTION 2. This Act shall become effective on July 1, 2002.
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.
Approved May 14, 2002.

____________GEORGIA LAWS 2002 SESSION__________951
AGRICULTURE - STATE SOIL AND WATER CONSERVATION COMMISSION; COMPENSATION.
Code Section 2-6-24 Amended.
No. 856 (House Bill No. 1422).
AN ACT
To amend Article 2 of Chapter 6 of Title 2 of the Official Code of Georgia Annotated, relating to soil and water conservation districts, so as to change certain provisions relating to the State Soil and Water Conservation Commission and its chairman, quorum, compensation, surety bonds, records, and audits; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Article 2 ofChapter 6 ofTitle 2 ofthe Official Code ofGeorgia Annotated, relating to soil and water conservation districts, is amended by striking Code Section 2-6-24, relating to the State Soil and Water Conservation Commission and its chairman, quorum, compensation, surety bonds, records, and audits, and inserting in lieu thereof the following:
"2-6-24. The commission shall designate one of its members as chairperson and may, from time to time, change such designation. A member of the commission shall hold office so long as he or she retains the office by virtue of which he or she is serving on the commission. A majority of the commission shall constitute a quorum, and the concurrence ofa majority shall be required for the determination of any matter within its duties. The members of the commission shall receive for each day ofactual attendance ofmeetings ofthe commission a daily expense allowance in the amount specified in subsection (b) of Code Section 45-7-21 and shall be entitled to expenses, including traveling expenses, necessarily incurred in the discharge of their duties on the commission. The commission shall provide for the execution of surety bonds for all employees and officers who are entrusted with funds or property. It shall provide for the keeping of a full and accurate record of all proceedings and of all resolutions, regulations, and orders issued or adopted and shall provide for an annual audit ofthe accounts ofreceipts and disbursements."
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.
Approved May 14, 2002.

952______GENERAL ACTS AND RESOLUTIONS, VOL. I_________
COUNTY TREASURER - COUNTIES WITH POPULATIONS OF NOT MORE THAN 191,000 AND NOT LESS THAN 188,000 ACCORDING TO 1990 CENSUS; COUNTIES WITH POPULATIONS OF NOT MORE THAN 205,000 AND NOT LESS THAN 195,000 ACCORDING TO 2000 CENSUS.
No. 857 (House Bill No. 1436).
AN ACT
To amend an Act to abolish the office of County Treasurer in any county with a population of not more than 165,000 and not less than 150,000, according to the 1970 Federal decennial census, or any future federal census, and to provide the procedure whereby the County Treasurer in any county with a population of not more than 165,000 and not less than 150,000, according to said census, shall be eligible to become County Treasurer Emeritus, approved April 24, 1975 (Ga. L. 1975, p. 4529), so as to revise and change the population and census application; to provide for effective dates; to provide for automatic repeal of certain provisions; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. An Act to abolish the office of County Treasurer in any county with a population of not more than 165,000 and not less than 150,000, according to the 1970 Federal decennial census, or any future federal census, and to provide the procedure whereby the County Treasurer in any county with a population of not more than 165,000 and not less than 150,000, according to said census, shall be eligible to become County Treasurer Emeritus, approved April 24, 1975 (Ga. L. 1975, p. 4529), is amended by striking Sections 1 and 2 and inserting in their place new Sections 1 and 2 to read as follows:
"SECTION 1. The office of County Treasurer in any County with a population of not more than 191,000 and not less than 188,000, according to the 1990 Federal decennial census or any future Federal census, is hereby abolished.
SECTION 2. Any County Treasurer of any county with a population of not more than 191,000 and not less than 188,000, according to the 1990 Federal decennial census, or any future Federal census, who shall be serving in the capacity of County Treasurer at the time said office is abolished by this Act, and who shall have at least ten years of service as County Treasurer of said County and shall have obtained the age of 65 years, shall be eligible to become County Treasurer Emeritus by

____________GEORGIA LAWS 2002 SESSION_________953
presenting evidence ofhis eligibility to the governing authority ofhis County, at which time he shall become County Treasurer Emeritus."
SECTION 2. Said Act is further amended by striking Sections 1 and 2 and inserting in their place new Sections 1 and 2 to read as follows:
"SECTION 1. The office of County Treasurer in any County with a population of not more than 205,000 and not less than 195,000, according to the 2000 Federal decennial census or any future Federal census, is hereby abolished.
SECTION 2. Any County Treasurer of any county with a population of not more than 205,000 and not less than 195,000, according to the 2000 Federal decennial census, or any future Federal census, who shall be serving in the capacity of County Treasurer at the time said office is abolished by this Act, and who shall have at least ten years of service as County Treasurer of said County and shall have obtained the age of 65 years, shall be eligible to become County Treasurer Emeritus by presenting evidence ofhis eligibility to the governing authority ofhis County, at which time he shall become County Treasurer Emeritus."
SECTION 3. (a) Section 1, this section, and Section 4 of this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. (b) Section 1 of this Act shall stand repealed in its entirety on June 30, 2002. (c) Section 2 of this Act shall become effective on July 1, 2002.
SECTION 4. All laws and parts of laws in conflict with this Act are repealed.
Approved May 14, 2002.

954______GENERAL ACTS AND RESOLUTIONS, VOL. I________
REVENUE AND TAXATION - TAX CREDITS FOR REHABILITATION OF HISTORIC STRUCTURES;
ASSIGNMENT OF CORPORATE INCOME TAX CREDITS; SALES AND USE TAX EXEMPTION
FOR CERTAIN COMPUTER EQUIPMENT; STATE INSURANCE PREMIUM TAX CREDITS
FOR CERTIFIED CAPITAL COMPANIES.
Code Sections 48-7-42 and 48-8-3 Amended. Code Section 48-7-29.8 and Code Title 48,
Chapter 18 Enacted.
No. 858 (House Bill No. 1441).
AN ACT
To amend Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, so as to provide for tax credits with respect to rehabilitation of historic structures; to provide for conditions and limitations; to provide for powers, duties, and authority of the state revenue commissioner, the Department of Revenue and the Department of Natural Resources; to change certain provisions regarding assignment of corporate income tax credits; to change certain provisions regarding the sales and use tax exemption regarding the sale or lease of certain computer equipment; to provide for additional conditions and limitations; to provide for state insurance premium tax credits with respect to certified capital companies; to provide for definitions; to provide for procedures, conditions, and limitations; to provide for powers, duties, and authority of the Office of Treasury and Fiscal Services; to provide for related matters; to provide 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 adding a new Code section immediately following Code Section 48-7-29.7, to be designated Code Section 48-7-29.8, to read as follows:
"48-7-29.8. (a) As used in this Code section, the term:
(1) 'Certified rehabilitation' means repairs or alterations to a certified structure which are certified by the Department of Natural Resources as meeting the United States Secretary of the Interior's Standards for Rehabilitation or the Georgia Standards for Rehabilitation as provided by the Department ofNatural Resources. (2) 'Certified structure' means a historic building or structure that is individually listed in the Georgia Register of Historic Places or is certified by

___________GEORGIA LAWS 2002 SESSION__________955
the Department of Natural Resources as contributing to the historic significance of a Georgia Register Historic District. (3) 'Historic home' means a certified structure which, or any portion of which is or will, within a reasonable period, be owned and used as the principal residence ofthe person claiming the tax credit allowed under this Code section. Historic home shall include any structure or group of structures that constitute a multifamily or multipurpose structure, including a cooperative or condominium. Ifonly a portion ofa building is used as such person's principal residence, only those qualified rehabilitation expenditures that are properly allocable to such portion shall be deemed to be made to a historic home. (4) 'Qualified rehabilitation expenditure' means any amount properly chargeable to a capital account expended in the substantial rehabilitation of a structure that by the end of the taxable year in which the certified rehabilitation is completed is a certified structure. This term does not include the cost of acquisition of the certified structure, the cost attributable to enlargement or additions to an existing building, site preparation, or personal property. (5) 'Substantial rehabilitation' means rehabilitation of a certified structure for which the qualified rehabilitation expenditures, at least 5 percent of which must be allocable to the exterior during the 24 month period selected by the taxpayer ending with or within the taxable year, exceed:
(A) For a historic home, the lesser of $25,000.00 or 50 percent of the adjusted basis of the property as defined in subparagraph (a)(l)(B) of Code Section 48-5-7.2; or, in the case of a historic home located in a target area $5,000.00; or (B) For any other certified structure, the greater of $5,000.00 or the adjusted basis of the property. (6) Target area' means a qualified census tract under Section 42 ofthe Internal Revenue Code of 1986, found in the United States Department ofHousing and Urban Development document number N-94-3 821; FR-3796-N-01. (b) A taxpayer shall be allowed a tax credit against the tax imposed by this chapter for the taxable year in which the certified rehabilitation is completed: (1) In the case of a historic home, equal to 10 percent of qualified rehabilitation expenditures, except that, in the case of a historic home located within a target area, an additional credit equal to 5 percent of qualified rehabilitation expenditures shall be allowed; and (2) In the case of any other certified structure, equal to 20 percent of qualified rehabilitation expenditures. (c) In no event shall credits for a historic home or certified structure exceed $5,000.00 in any 120 month period. (d) In order to be eligible to receive the credit authorized under subsection (b) of this Code section, a taxpayer must attach to the taxpayer's state tax return a copy of the certification of the Department of Natural Resources verifying that the improvements to the certified structure are consistent with the Department of Natural Resources Standards for Rehabilitation.

956______GENERAL ACTS AND RESOLUTIONS, VOL. I_______
(e)( 1) Ifthe credit allowed under this Code section in any taxable year exceeds the total tax otherwise payable by the taxpayer for that taxable year, the taxpayer may apply the excess as a credit for succeeding years until the earlier of:
(A) The full amount of the excess is used; or (B) The expiration of the tenth taxable year after the taxable year in which the certified rehabilitation has been completed. (2) No such credit shall be allowed the taxpayer against prior years' tax liability. (f) In the case of any rehabilitation which may reasonably be expected to be completed in phases set forth in architectural plans and specifications completed before the rehabilitation begins, a 60 month period may be substituted for the 24 month period provided for in paragraph (5) of subsection (a) of this Code section. (g)(l) Except as otherwise provided in subsection (h) of this Code section, in the event a tax credit under this Code section has been claimed and allowed the taxpayer, upon the sale or transfer of the certified structure, the taxpayer shall be authorized to transfer the remaining unused amount of such credit to the purchaser of such certified structure. If a historic home for which a certified rehabilitation has been completed by a nonprofit corporation is sold or transferred, the full amount of the credit to which the nonprofit corporation would be entitled if taxable shall be transferred to the purchaser or transferee at the time of sale or transfer. (2) Such purchaser shall be subject to the limitations of subsection (e) of this Code section. Such purchaser shall file with such purchaser's tax return a copy of the approval of the rehabilitation by the Department of Natural Resources as provided in subsection (d) and a copy of the form evidencing the transfer of the tax credit. (3) Such purchaser shall be entitled to rely in good faith on the information contained in and used in connection with obtaining the approval of the credit including, without limitation, the amount of qualified rehabilitation expenditures. (h)(l) If an owner other than a nonprofit corporation sells a historic home within three years of receiving the credit, the seller shall recapture the credit to the Department of Revenue as follows: (A) If the property is sold within one year of receiving the credit, the recapture amount will equal the lesser of the credit or the net profit of the sale; (B) If the property is sold within two years of receiving the credit, the recapture amount will equal the lesser of two-thirds of the credit or the net profit of the sale; or (C) If the property is sold within three years of receiving the credit, the recapture amount will equal the lesser of one-third of the credit or the net profit of the sale. (2) The recapture provisions of this subsection shall not apply to a sale resulting from the death of the owner.

____________GEORGIA LAWS 2002 SESSION__________957
(i) 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 any other tax credit with respect to the project. (j) The Department of Natural Resources and the Department of Revenue shall prescribe such regulations as may be appropriate to carry out the purposes ofthis Code section. (k) The Department ofNatural Resources shall report, on an annual basis, on the overall economic activity, usage, and impact to the state from the rehabilitation of eligible properties for which credits provided by this Code section have been allowed."
SECTION 2. Said title is further amended by striking Code Section 48-7-42, relating to assignment of corporate income tax credits, and inserting in its place a new Code Section 48-7-42 to read as follows:
"48-7-42.
(a) As used in this Code section, the term 'affiliated entity' means: (1) A corporation that is a member of the taxpayer's 'affiliated group' within the meaning of Section 1504(a) of the Internal Revenue Code; or (2) An entity affiliated with a corporation, business, partnership, or limited liability 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.
(b) In lieu of claiming any Georgia income tax credit for which a taxpayer otherwise is eligible for the taxable year (such eligibility being determined for this purpose without regard to any limitation imposed by reason ofthe taxpayer's precredit income tax liability), the taxpayer may elect to assign such credit in whole or in part to one or more affiliated entities for such taxable year by attaching a statement to the taxpayer's return for the taxable year; provided, however, that no carryover attributable to the unused portion of any previously claimed or assigned credit may be assigned or reassigned, except as provided in subsection (d) ofthis Code section. In the case ofany credit that must be claimed in installments in more than one taxable year, the election under this subsection may be made on an annual basis with respect to each such installment, provided that the taxpayer shall notify the commissioner with respect to the assignment of each such installment by filing a separate copy of the election statement for such installment no later than the time of filing of the taxpayer's state income tax return for such taxable year. Once made, an election under this subsection shall be irrevocable. (c) The recipient of a tax credit assigned under subsection (b) of this Code section shall attach a statement to its return identifying the assignor of the tax

958______GENERAL ACTS AND RESOLUTIONS, VOL. I_______
credit, in addition to providing any other information required to be provided by a claimant of the assigned tax credit. (d) If the assignor and the recipient of a tax credit assigned under subsection (b) of this Code section cease to be affiliated entities, any carryover attributable to the unused portion of such credit shall be transferred back to the assignor of the credit. Such assignor shall be permitted to use any such carryover itself, and also shall be permitted to assign such carryover to one or more affiliated entities, as if such carryover were an income tax credit for which the assignor became eligible in the taxable year in which the carryover was transferred back to the assignor. (e) The assignor and recipient of a tax credit assigned under subsection (b) of this Code section shall be jointly and severally liable for any tax (plus interest and penalties, if any) attributable to the disallowance or recapture of the assigned credit. (f) Notwithstanding the subsequent occurrence of any transaction, corporations that were treated as affiliated entities on December 31,2001, shall continue to be so treated with respect to each other for purposes of this Code section for the taxable year during which they otherwise would cease to be affiliated entities (but for the modification contained in this subsection (f)) and for the succeeding ten taxable years, but only if either the assignor or the recipient of the credit in question is a corporation as described in subparagraph (d)(2.2)(B) of Code Section 48-7-31 as it existed on December 31, 2001."
SECTION 3. Said title is further amended by striking paragraph (68) of Code Section 48-8-3, relating to exemptions from sales and use tax, 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

____________GEORGIA LAWS 2002 SESSION__________959
under this article in the event it should be determined that the sale fails to meet the requirements of this subparagraph.
(C)(i) As used in this paragraph, the term 'computer equipment' means any individual computer or organized assembly of hardware or software, such as a server farm, mainframe or midrange computer, mainframe-driven high speed print and mailing devices, and workstations connected to those devices via high bandwidth connectivity such as a local area network, wide area network, or any other data transport technology which performs one of the following functions: storage or management of production data, hosting ofproduction applications, hosting ofapplication systems development activities, or hosting ofapplications systems testing, (ii) The term shall not include:
(I) Telephone central office equipment or other voice data transport technology; or (II) Equipment with imbedded computer hardware or software which is primarily used for training, product testing, or in a manufacturing process; (D) Any corporation, partnership, limited liability company, or any other similar entity which qualifies for the exemption and is affiliated in any manner with a nonqualified corporation, partnership, limited liability company, or any other similar entity must conduct at least a majority of its business with entities with which it has no affiliation;"
SECTION 4. Said title is further amended by adding a new chapter at the end thereof, to be designated Chapter 18, to read as follows:
"CHAPTER 18
48-18-1.
As used in this chapter, the term: (1) 'Affiliate' of a certified capital company or insurance company means: (A) Any person, directly or indirectly, who is beneficially owning, whether through rights, options, convertible interests, or otherwise, controlling, or holding power to vote 15 percent or more of the outstanding voting securities or other voting ownership interests of the certified capital company or insurance company, as applicable; (B) Any person 15 percent or more of whose outstanding voting securities or other voting ownership interests are, directly or indirectly, beneficially owned, whether through rights, options, convertible interests, or otherwise, controlled, or held with power to vote by the certified capital company or insurance company, as applicable; (C) Any person, directly or indirectly, controlling, controlled by, or under common control with the certified capital company or insurance company, as applicable;

960______GENERAL ACTS AND RESOLUTIONS, VOL. I________
(D) A partnership or limited liability company in which the certified capital company or insurance company, as applicable, is ageneral partner, manager, or managing member, as the case may be; or (E) Any person who is an officer, director, employee, or agent of the certified capital company or insurance company, as applicable, or an immediate family member of such officer, director, employee, or agent. (2) 'Allocation date' means the date on which the certified investors of a certified capital company are allocated certified capital by the department pursuant to Code Section 48-18-4. (3) 'Certified capital' means an investment of cash by a certified investor in a certified capital company which fully funds the purchase price of an equity interest in the certified capital company or a qualified debt instrument issued by the certified capital company. (4) 'Certified capital company' means a partnership, corporation, trust, or limited liability company, whether organized on a profit or not for profit basis, that has as its primary business activity the investment of cash in qualified businesses and that is certified by the department as meeting the criteria ofthis law. (5) 'Certified investor' means any insurance company that contributes certified capital pursuant to an allocation of tax credits under Code Section 48-18-4. (6) 'Department' means the Office of Treasury and Fiscal Services. (7) 'Person' means any natural person or entity, including a corporation, general or limited partnership, trust, or limited liability company. (8) 'Qualified business1 means a business that meets all of the following conditions as ofthe time ofa certified capital company's first investment in the business: (A) Is headquartered and has its principal business operations located in this state; (B) Is a small business concern as defined in Section 121.301(c) of the small business size regulations of the U.S. Small Business Administration, 13CFR 121.301(c); (C) Has fewer than 200 employees and at least 75 percent of the employees are employed in the state; and (D) Is not predominantly engaged in professional services provided by accountants, lawyers, or predominantly engaged in retail sales or the selling of real estate. (9) 'Qualified debt instrument' means a debt instrument issued to a certified investor by a certified capital company, at par value or a premium, with an original maturity date of at least five years from date of issuance and a repayment schedule that is no faster than a level principal amortization over five years and that contains no interest, distribution, or payment features that are related to the profitability of the certified capital company or the performance of the certified capital company's investment portfolio until such time as the certified capital company is permitted to make distributions other than qualified distributions under Code Section 48-18-6.

__________GEORGIA LAWS 2002 SESSION___________961
(10) 'Qualified distribution' means any distribution or payment by a certified capital company in connection with any of the following:
(A) Reasonable costs and expenses offorming, syndicating, and organizing the certified capital company, including reasonable and necessary fees paid for professional services, including, but not limited to, legal and accounting services, related to the formation of the certified capital company, and the cost of financing and insuring the obligations of the certified capital company; (B) Reasonable costs and expenses of managing and operating the certified capital company, including an annual management fee in an amount that does not exceed 2 1/2 percent of certified capital; except that no such cost or expense shall be paid to a certified investor or affiliate of a certified investor and that such costs and expenses in the aggregate shall not exceed 5 percent of certified capital in any one year; (C) Reasonable and necessary fees in accordance with industry custom for professional services, including, but not limited to, legal and accounting services, related to the operation of the certified capital company; and (D) Any projected increase in federal or state taxes of the equity owners of a certified capital company resulting from the earnings or other tax liability of the certified capital company to the extent that the increase is related to the ownership, management or operation of a certified capital company or issuance, repayment, or redemption of qualified debt instruments of the certified capital company. (11) 'Qualified investment' means the investment of cash by a certified capital company in a qualified business for the purchase of any debt, debt participation, equity, or hybrid security, of any nature and description whatsoever, including a debt instrument or security which has the characteristics of debt but which provides for conversion into equity or equity participation instruments such as options or warrants. (12) 'Qualified technology business' means a qualified business: (A) That is either less than two years old at the time of the initial investment in such business by a certified capital company, or that had, together with its affiliates, less than $3 million in annual revenue for the fiscal year immediately preceding the fiscal year of such investment on a consolidated basis in conformance with generally accepted accounting principles; and (B) That is engaged on the date of such investment in development or offering of products or services involving:
(i) Biotechnology; (ii) The industrial use of microorganisms or biological techniques; (iii) Biomedical engineering and the use of engineering technology, instrumentation, and methods to solve medical problems; (iv) Pharmacology; (v) The uses and manufacture of drugs; (vi) Pharmaceutical research, development, and testing; or (vii) Bioagriculrure.

962______GENERAL ACTS AND RESOLUTIONS, VOL. I________
(13) 'State premium tax liability' means any state insurance premium tax liability incurred by an insurance company under the provisions of Code Sections 33-8-4 and 33-8-5. (14) Tax credit' means the credit against state premium tax liability which is earned by a certified investor in connection with an investment of certified capital in a certified capital company pursuant to this chapter. (15) Tax credit allocation claim' means a claim for allocation of tax credits prepared and executed by an insurance company on a form provided by the department and filed by a certified capital company with the department. The form shall include an affidavit of the insurance company pursuant to which such insurance company shall become legally bound and irrevocably committed to make an investment of certified capital in a certified capital company in the amount allocated (even if such amount is less than the amount of the claim), subject only to the receipt of an allocation pursuant to Code Section 48-18-4.
48-18-2.
(a) The director of the department shall establish by rule or regulation the procedures for making an application to become a certified capital company. The applicant shall pay a nonrefundable application fee of $7,500.00 at the time of filing the application with the department. (b) A certified capital company's equity capitalization from the time of seeking certification through the date of receipt of an allocation of certified capital must be $500,000.00 or more and must be in the form of unencumbered cash, marketable securities, or other liquid assets. (c) The department shall review the organizational documents of each applicant for certification and the business history of the applicant and shall determine that the applicant's cash, marketable securities, and other liquid assets are at least $500,000.00. As part of its application, each applicant shall submit to the department its balance sheet, audited with an unqualified opinion of a firm of independent certified public accountants, of a date no more than 35 days prior to the date of the application. (d) The department shall verify that at least two principals of the certified capital company or at least two persons employed or engaged to manage the funds of the certified capital company have not less than two years of experience in the venture capital industry. (e) The certified capital company shall certify that within 60 days of the investment of certified capital in the certified capital company, at least one of such principals or managers of the certified capital company shall be primarily located in an office of the certified capital company which is based in this state. (f) Any offering material involving the sale of securities of the certified capital company shall include the following statement:
'By authorizing the formation of a certified capital company, the state does not necessarily endorse the quality of management or the potential for earnings of such company and is not liable for damages or losses to a certified investor in

____________GEORGIA LAWS 2002 SESSION__________963
the company. Use of the word "certified" in an offering does not constitute a recommendation or endorsement of the investment by the Office of Treasury and Fiscal Services. In the event applicable provisions of this law are violated, the state may require forfeiture of unused tax credits and repayment of used tax credits.' (g) Within 60 days of application, the department shall issue the certification or shall refuse the certification and communicate in detail to the applicant the grounds for the refusal, including suggestions for the removal of those grounds. If an applicant submits an amended application within 30 days of receipt of refusal by the department, the department shall have 30 days from the receipt of such amended application by which to communicate its approval or refusal of such amended application to the applicant. The department shall review and approve or reject applications in the order submitted, and in the event more than one application is received by the department on any date, all such applications shall be reviewed and approved simultaneously, except in the case of incomplete applications or applications for which additional information is requested by the department and is not supplied by the applicant within the allowable time limits established by the department. (h) No insurance company or any affiliate of an insurance company shall, directly or indirectly, own whether through rights, options, convertible interests, or otherwise 15 percent or more of the voting equity interests of or manage a certified capital company or control the direction of investments for a certified capital company. This provision shall not preclude a certified investor, insurance company, or any other person from: (1) Exercising its legal rights and remedies which may include interim management of a certified capital company in the event that a certified capital company is in default of its statutory obligations or its contractual obligations to a certified investor, insurance company, or other person; or (2) Establishing controls to ensure that the certified capital company satisfies the requirements of subsections (a) and (f) of Code Section 48-18-5. (i) A certified capital company may obtain a guaranty, indemnity, bond, insurance policy, or other payment undertaking for the benefit of its certified investors from any entity; provided that, in no case shall more than one certified investor of such certified capital company or affiliates of such certified investor be entitled to provide such guaranty, indemnity, bond, insurance policy, or other payment undertaking in favor of the certified investors of the certified capital company and its affiliates in this state.
48-18-3.
(a) Any certified investor who makes an investment of certified capital pursuant to an allocation of tax credits under Code Section 48-18-4 shall, in the year of investment, earn a vested credit against state premium tax liability equal to 100 percent of the certified investor's investment of certified capital. After July 1, 2005, a certified investor shall be entitled to take up to 10 percent of such vested tax credits in any taxable year to reduce the certified investor s state premium tax

964______GENERAL ACTS AND RESOLUTIONS, VOL. I_________
liability for such taxable year of the certified investor, plus up to 10 percent of the original amount of any tax credits some or all of which was carried forward unused pursuant to subsection (b) of this Code section; provided, however, that in the event that a certified investor is unable under the provisions of this Code section to utilize the full 10 percent allowable under the provisions of this subsection for a taxable year, the remainder of such 10 percent may be taken in a future tax year without regard to the annual limitations of this subsection. (b) The tax credit that may be applied against state premium tax liability in any one year may not exceed the state premium tax liability of the certified investor for such taxable year. All unused tax credits against state premium tax liability may be carried forward indefinitely and used in any subsequent year until the tax credits are utilized in full. (c) A certified investor shall not be required to reduce the amount of tax liability included with respect to its state premium tax liability in connection with ratemaking for any insurance contract written in this state because of a reduction in the certified investor's actual state premium tax liability as a result of tax credits allowed under this chapter. (d) If the taxes paid by a certified investor with respect to its state premium tax liability constitute a credit against any other tax which is imposed by this state, the certified investor's credit against such other tax shall not be reduced by virtue of the reduction in the certified investor's state premium tax liability as a result of tax credits allowed under this chapter. (e) A certified investor shall not be subject to additional or retaliatory tax as a result of claiming tax credits allowed under this chapter.
48-18-4.
(a) The aggregate amount of certified capital for which tax credits shall be allowed for all certified investors under this act shall not exceed the amount which would entitle all certified investors in certified capital companies to take aggregate tax credits of $7.5 million per year for ten years. No certified capital company, on an aggregate basis with its affiliates, may file tax credit allocation claims in excess of the maximum amount of certified capital for which tax credits may be allowed as provided in this subsection. (b) Certified capital for which tax credits are allowed will be allocated to certified investors in certified capital companies in the order that tax credit allocation claims are received by the department from such certified capital companies on behalf of their certified investors. All filings made on the same day shall be treated as having been made contemporaneously. (c) In the event that two or more certified capital companies file tax credit allocation claims with the department on behalf of their respective certified investors on the same day, and the amount of such tax credit allocation claims exceeds in the aggregate the limit of available tax credits under the provisions of subsection (a) of this Code section, capital for which tax credits are allowed shall be allocated among the certified investors who filed on that day on a pro rata basis with respect to the amounts claimed. The pro rata allocation for any one

____________GEORGIA LAWS 2002 SESSION__________965
certified investor shall be the product of a fraction, the numerator of which is the amount ofthe tax credit allocation claim filed on behalfofsuch certified investor and the denominator of which is the total of all tax credit allocation claims filed on behalf of all certified investors on such day, multiplied by the aggregate limitation as provided in subsection (a) of this Code section or such lesser amount of tax credits that remains unallocated on such day. (d) Within 30 business days after the department receives a tax credit allocation claim filed by a certified capital company on behalfofone or more ofits certified investors, the department shall notify the certified capital company ofthe amount of tax credits allocated to each of the certified investors in such certified capital company. (e) In the event a certified capital company does not receive an investment of certified capital equaling the amount of premium tax credits allocated to a certified investor for which it filed a tax credit allocation claim from such certified investor or affiliate of such certified investor within ten business days of its receipt of notice of allocation, that portion of the tax credits allocated to such certified investor in the certified capital company shall be forfeited, and the department shall reallocate that certified capital among the other certified investors in all certified capital companies on a pro rata basis with respect to the tax credit allocation claims filed on behalf of such certified investors by all certified capital companies. The department is authorized to levy a fine of not more than $50,000.00 on any certified investor that does not invest, or have an affiliate invest, the full amount of certified capital allocated by the department to such certified investor in accordance with the tax credit allocation claim filed on its behalf. (f) The maximum amount of tax credit allocation claims that may be filed on behalf of any one certified investor, on an aggregate basis with its affiliates, in one or more certified capital companies, shall not exceed the greater of $10 million or 15 percent of the aggregate limitation as provided in subsection (a) of this Code section.
48-18-5.
(a) To continue to be certified, a certified capital company must make qualified investments according to the following schedule:
(1) Within the period ending three years after its allocation date, a certified capital company must have made qualified investments cumulatively equal to 30 percent of its certified capital; (2) Within the period ending five years after its allocation date, a certified capital company must have made qualified investments cumulatively equal to 50 percent of its certified capital; and (3) For purposes of this subsection, each $1.00 of qualified investment made in a qualified business having its headquarters or principal place ofbusiness in a county designated tier 1 or tier 2 pursuant to Code Section 48-7-40, as amended, shall be treated as respectively, $2.00 and $1.50.

966______GENERAL ACTS AND RESOLUTIONS, VOL. I_______
(b) The aggregate cumulative amount of all qualified investments made by the certified capital company from its allocation date shall be considered in the calculation of the percentage requirements under this chapter. Any funds received from a qualified investment may be invested in another qualified investment and shall count toward any requirement in this chapter with respect to investments of certified capital. (c) Any business which is classified as a qualified business at the time ofthe first investment in said business by a certified capital company shall remain classified as a qualified business and may receive follow-on investments from any certified capital company, and such follow-on investments shall be qualified investments even though such business may not meet the definition of a qualified business at the time of such follow-on investments. (d) No qualified investment may be made if the aggregate investment by the certified capital company in the qualified business following such investment would exceed 15 percent of the total certified capital of the certified capital company at the time of investment. (e) At its option, a certified capital company, prior to making a proposed investment in a specific business, may request from the department a written opinion that the investment which it proposes to make should be considered a qualified investment. Upon receiving such a request, the department shall have 30 business days to determine whether or not the proposed investment meets the definition of a qualified investment and notify the certified capital company of its determination and an explanation thereof. If the department fails to notify the certified capital company with respect to the proposed investment within the ten-day period, the proposed investment shall be deemed to be a qualified investment. If the department determines that the proposed investment does not meet all applicable criteria, the department may nevertheless consider the business a qualified investment and approve the investment if the department determines that the proposed investment will further state economic development. (f) All certified capital not currently invested in qualified investments by the certified capital company must be invested in one or more of the following:
(1) Cash deposited with a federally insured financial institution; (2) Certificates of deposit in a federally insured financial institution; (3) Investment securities that are obligations of the United States, its agencies or instrumentalities, or obligations that are guaranteed fully as to principal and interest by the United States; (4) Debt instruments rated at least !AA' or its equivalent by a nationally recognized rating organization, or issued by, or guaranteed with respect to payment by, an entity whose unsecured indebtedness is rated at least 'AA' or its equivalent by a nationally recognized credit rating organization, and which is not subordinated to other unsecured indebtedness of the issuer or the guarantor, as the case may be; (5) Obligations of this state, or any municipality in this state, or any political subdivision thereof;

____________GEORGIA LAWS 2002 SESSION__________967
(6) Commercial paper rated at least Al or PI by Standard and Poor's Ratings Services or Moody s Investor Service, Inc., with a maturity of no more than 270 days; or (7) Any other investments approved in advance and in writing by the department, (g) Each certified capital company shall report the following to the department: (1) As soon as practicable after the receipt of certified capital, each certified capital company shall report the following to the department:
(A) The name ofeach certified investor from which the certified capital was received, including such certified investor's insurance premium tax identification number; (B) The amount of each certified investor's investment of certified capital and tax credits; and (C) The date on which the certified capital was received; (2) On an annual basis, on or before January 31: (A) The amount of the certified capital company's certified capital at the end of the immediately preceding year; (B) Whether or not the certified capital company has invested more than 15 percent of its total certified capital in any one qualified business; (C) A description of all qualified investments that the certified capital company made during the previous calendar year; and (D) For informational purposes only, the total number of permanent, full-time jobs either created or retained by the qualified business during the calendar year, the average wage of the jobs created or retained, the industry sectors in which the qualified businesses operate, and any additional capital invested in qualified businesses from sources other than certified capital companies; (3) Each certified capital company shall provide to the department annual audited financial statements, which shall include the opinion ofan independent certified public accountant regarding the financial statements, within 90 days of the close of the fiscal year. The audit or such other review performed by the independent certified public accountant shall address the methods ofoperation and conduct ofthe business ofthe certified capital company to determine ifthe certified capital company is complying with the statutes and program rules and that the funds received by the certified capital company have been invested as required within the time limits provided by subsection (a) ofthis Code section; and (4) On or before January 31 of each year, each certified capital company shall pay an annual, nonrefundable certification fee of $5,000.00 to the department.
48-18-6.
A certified capital company may make qualified distributions at any time. In order to make a distribution from certified capital, other than a qualified distribution, a certified capital company must have made qualified investments in qualified technology businesses in an amount cumulatively equal to at least 35

968______GENERAL ACTS AND RESOLUTIONS, VOL. I_______
percent of its certified capital, and aggregate qualified investments, including such qualified technology business investments, in an amount cumulatively equal to at least 100 percent of its certified capital. A certified capital company may, however, make payments of principal and interest on its indebtedness without any restriction whatsoever, including payments of indebtedness of the certified capital company on which certified investors earned tax credits. For purposes of calculating whether a certified capital company has satisfied the requirements of this Code section, certified capital shall mean the total amount ofcertified capital originally allocated to the certified capital company, irrespective of any distributions, payments, qualified distributions, or payments of indebtedness by such company, less any certified capital forfeited pursuant to subsection (e) of Code Section 48-18-4.
48-18-7.
(a) The department shall conduct an annual review of each certified capital company to determine if the certified capital company is abiding by the requirements of certification, to advise the certified capital company as to the eligibility status of its qualified investments, and to ensure that no investment has been made in violation of this chapter. The cost of the annual review shall be paid by each certified capital company according to a reasonable fee schedule adopted by the department. (b) A certified capital company at any time may certify to the department its good faith belief that it has complied with the provisions of paragraphs (1) or (2) of subsection (a) of Code Section 48-18-5 or subsection (f) of Code section 48-18-7. Within 120 days of receipt of such certification by the department, the department shall conduct a review of the qualified investments of the certified capital company and shall certify in writing to the certified capital company whether or not the certified capital company has so complied. The certified capital company shall pay the costs of such a review according to a reasonable fee schedule adopted by the department. (c) Any material violation of Code Section 48-18-5 shall be grounds for decertification ofthe certified capital company. Ifthe department determines that a certified capital company is not in compliance with the requirements of Code section 48-18-5, it shall, by written notice, inform the officers of the certified capital company that the certified capital company may be subject to decertification in 120 days from the date of mailing of the notice, unless the deficiencies are corrected and the certified capital company is again in compliance with all requirements for certification. (d) At the end of the such grace period, if the certified capital company is still not in compliance with Code Section 48-18-5, the department may send a notice of decertification to the certified capital company and to all other appropriate state agencies. (e) Decertification of a certified capital company may cause the recapture of tax credits previously claimed and the forfeiture of future tax credits to be claimed by certified investors with respect to such certified capital company, as follows:

____________GEORGIA LAWS 2002 SESSION________969
(1) Decertification of a certified capital company within three years of its allocation date shall cause the recapture of all tax credits previously claimed and the forfeiture of all future tax credits to be claimed by certified investors with respect to such certified capital company, except as set forth in paragraph (4) of this subsection; (2) When a certified capital company meets all requirements for continued certification under paragraph (1) ofsubsection (a) ofCode Section 48-18-5 and subsequently fails to meet the requirements for continued certification under the provisions of paragraph (2) of subsection (a) of Code Section 48-18-5, those tax credits which are eligible to be taken by certified investors within the first three years in which such tax credits may be taken will not be subject to recapture or forfeiture; however, all tax credits that are eligible to be taken by certified investors after the third year in which tax credits may be taken shall be subject to recapture or forfeiture; (3) Once a certified capital company has met all requirements for continued certification under paragraphs (1) and (2) of subsection (a) of Code Section 48-18-5, and is subsequently decertified, those tax credits which are eligible to be taken by certified investors within the first five years in which such tax credits may be taken will not be subject to recapture or forfeiture. Those tax credits that are eligible to be taken only after the fifth year in which such tax credits may be taken shall be subject to forfeiture only if the certified capital company is decertified within five years from the applicable allocation date, except as set forth in paragraph (4) of this subsection; (4) Once a certified capital company has invested an amount cumulatively equal to 100 percent of its certified capital in qualified investments, all tax credits claimed or to be claimed by its certified investors shall no longer be subject to recapture or forfeiture; and (5) If at the time of any such distribution made by the certified capital company, such distribution taken together with all other such distributions made by the certified capital company, other than qualified distributions, exceeds in the aggregate the sum of the certified capital company's original certified capital and any additional capital contributions to the certified capital company, as determined by the audit, the certified capital company shall pay to the department 10 percent of the portion of such distribution in excess of such amount. Payments to the department by a certified capital company pursuant to this paragraph shall not exceed the aggregate amount oftax credits used by all certified investors in such certified capital company. (f) Once a certified capital company has invested an amount cumulatively equal to 100 percent of its certified capital in qualified investments, the certified capital company shall no longer be subject to regulation by the department. (g) The department shall send written notice to the address of each certified investor whose tax credit has been subject to recapture or forfeiture, using the address last shown on the last premium tax filing.

970______GENERAL ACTS AND RESOLUTIONS, VOL. I________
48-18-8. The tax credit established pursuant to this chapter may be transferred or sold to any other person with state premium tax liability. The department shall promulgate regulations to facilitate the transfer or sale of the tax credits. Any such transfer or sale shall not affect the time schedule for taking the tax credit as provided in this chapter. Any tax credits recaptured pursuant to Code Section 48-18-7 shall be the liability of the taxpayer which actually claimed the tax credits."
SECTION 5. (a) Section 2, this section, and Section 6 of this Act shall become effective upon the approval of this Act by the Governor or upon its becoming law without such approval. (b) Section 3 of this Act shall become effective on October 1, 2002. (c) Section 4 of this Act shall become effective on March 1, 2003. (d) Section 1 of this Act shall become effective on January 1, 2004, and shall be applicable to all taxable years beginning on or after that date.
SECTION 6. All laws and parts of laws in conflict with this Act are repealed.
Approved May 14, 2002.
REVENUE AND TAXATION - SALES AND USE TAX; TAXATION OF MOBILE TELECOMMUNICATIONS
SERVICES.
Code Sections 46-5-134 and 48-8-6 Amended. Code Section 48-8-13 Enacted.
No. 859 (House Bill No. 1443).
AN ACT
To amend Part 1 of Article 1 of Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to general provisions regarding state sales and use tax, so as to provide for the taxation of mobile telecommunications services; to provide for procedures, conditions, and limitations; to provide for powers, duties, and authority of the Department of Revenue; to change certain provisions regarding imposition of various taxes by political subdivisions; to amend Code Section 46-5-134 of the Official Code of Georgia Annotated, relating to the billing of subscribers for "911" charges, so as to provide for applicability of certain charges; to provide for circumstances under which this Act shall be invalid and

____________GEORGIA LAWS 2002 SESSION__________971
unenforceable; 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. Part 1 of Article 1 of Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to general provisions regarding state sales and use tax, is amended by adding a new subsection at the end of Code Section 48-8-6, relating to imposition of various taxes by political subdivisions, to be designated subsection (c) to read as follows:
"(c) Notwithstanding any law or ordinance to the contrary, any tax, charge, or fee levied by any political subdivision of this state and applicable to mobile telecommunications services, as defined in Section 124(7) of the federal Mobile Telecommunications Sourcing Act, 4 U.S.C. Section 124(7), shall apply only if the customer's place of primary use is located within the boundaries of the political subdivision levying such local tax, charge, or fee. For purposes of this subsection, the provisions of Code Section 48-8-13 shall apply in the same manner and to the same extent as such provisions apply to the tax levied by Code Section 48-8-1 on mobile telecommunications services. This subsection shall not be construed to authorize the imposition of any tax, charge, or fee."
SECTION 2. Said part is further amended by adding a new Code section at the end thereof, to be designated Code Section 48-8-13, to read as follows:
"48-8-13.
(a) For purposes of this Code section, the terms and corresponding definitions set forth in 4 U.S.C. Section 124 shall apply. (b) Subject to the provisions of 4 U.S.C. Section 116(c), the tax levied by this chapter shall apply only to those charges for mobile telecommunications services subject to tax that are deemed to be provided to a customer by a home service provider pursuant to 4 U.S.C. Section 117(a) if the customer's place of primary use is located within this state, regardless of where the mobile telecommunications services originate, terminate, or pass through. (c) If a customer believes that an amount of tax, charge, or fee or an assignment of place of primary use or taxing jurisdiction included on a bill under the provisions of this Code section is erroneous, the customer shall notify the home service provider in writing. The customer shall include in this written notification the street address for the customer's place of primary use, the account name and number for which the customer seeks a correction, a description of the error asserted by the customer, and any other information that the home service provider reasonably requires to process the request. Within 60 days of receiving a notice under this subsection, the home service provider shall review its records to determine the customer's taxingjurisdiction. Ifthis review shows that the amount of tax, charge, or fee or assignment of place of primary

972______GENERAL ACTS AND RESOLUTIONS, VOL. I________
use or taxing jurisdiction is in error, the home service provider shall correct the error and refund or credit the amount of tax, charge, or fee erroneously collected from the customer for a period of up to two years. If this review shows that the amount of tax, charge, or fee or assignment of place of primary use or taxing jurisdiction is correct, the home service provider shall provide a written explanation to the customer. The procedures in this subsection shall be the first course of remedy available to customers seeking correction of assignment of place of primary use or taxing jurisdiction or a refund of or other compensation for taxes, charges, or fees erroneously collected by the home service provider, and no cause of action based upon a dispute arising from such taxes, charges, or fees shall accrue until a customer has exhausted the remedies set forth in this subsection.
(d)(l) If a mobile telecommunications service is not subject to the tax levied by this chapter, and ifthe amount charged for such mobile telecommunications service is aggregated with and not separately stated from the amount paid or charged for any service that is subject to such tax, then the nontaxable mobile telecommunications service shall be treated as being subject to such tax unless the home service provider can reasonably identify the amount paid or charged for the mobile telecommunications service not subject to such tax from its books and records kept in the regular course of business. (2) If a mobile telecommunications service is not subject to the tax levied by this chapter, a customer may not rely upon the nontaxability of such mobile telecommunications service unless the customer's home service provider separately states the amount charged for such nontaxable mobile telecommunications service or the home service provider elects, after receiving a written request from the customer in the form required by the provider, to provide verifiable data based upon the home service provider's books and records that are kept in the regular course of business that reasonably identifies the amount charged for such nontaxable mobile telecommunications service. (e)(l) A mobile telecommunications services provider who is obligated to remit or pay the tax levied by this chapter shall be held harmless from any liability, including tax, interest, and penalties, which would otherwise be due solely as a result of an assignment of a place of primary use to an incorrect jurisdiction, if the mobile telecommunications services provider satisfies the requirements of 4 U.S.C. Section 120(a).
(2)(A) The department may elect to provide an electronic database that satisfies the requirements of 4 U.S.C. Section 119. If the department provides such database, a home service provider using the data contained in such database shall be held harmless from any liability, including tax, interest, and penalties, which would otherwise be due solely as a result of an assignment of a place of primary use to an incorrect local jurisdiction. (B) Paragraph (1) of this subsection shall apply to a home service provider who is in compliance with the terms of such paragraph until the later of:
(i) Eighteen months after the approval described in 4 U.S.C. Section 119(a);or

____________GEORGIA LAWS 2002 SESSION__________973
(ii) Six months after the department provides an electronic database that satisfies the requirements of 4 U.S.C. Section 119. (3) A home service provider shall be responsible for obtaining and maintaining the customer's place of primary use. Subject to paragraph (5) of this subsection, if the home service provider's reliance on information provided by its customer is in good faith: (A) The home service provider shall be entitled to rely on the applicable residential or business street address supplied by such customer; and (B) The home service provider shall be held harmless from liability for any additional tax, including any related interest or penalties, which are based on a different determination of such customer's place of primary use. (4) Except as provided in paragraph (5) of this subsection, a home service provider shall be allowed to treat the address used for purposes of the tax levied by this chapter for any customer under a service contract in effect on August 1,2002, as that customer's place ofprimary use for the remaining term of such service contract or agreement, excluding any extension or renewal of such service contract or agreement. (5)(A) If the department determines that the address used by a home service provider as a customer's place of primary use does not meet the definition of'place of primary use,' the department shall notify such customer of such determination and provide such customer an opportunity to demonstrate that such address satisfies such definition. (B) If the customer fails to demonstrate that the address meets the definition of such customer's place of primary use, the department shall provide the home service provider with the proper address to be used as such customer's place of primary use, and the home service provider shall begin using the address provided by the department as such customer's place ofprimary use in the next full billing period. (6)(A) If the department determines that the assignment of a taxing jurisdiction by a home service provider does not reflect the correct taxing jurisdiction, the department shall notify the home service provider of such determination and provide such home service provider an opportunity to demonstrate that the assignment represents the correct taxing jurisdiction. (B) If the home service provider fails to demonstrate that the assignment reflects the correct taxingjurisdiction, the department shall provide the home service provider with the correct taxing jurisdiction to be used, and the home service provider shall begin using the taxing jurisdiction provided by the department in the next full billing period."
SECTION 3. Code Section 46-5-134 of the Official Code of Georgia Annotated, relating to the billing of subscribers for "911" charges, is amended by adding a new subparagraph at the end of paragraph (2) of subsection (a), to be designated subparagraph (D), to read as follows:

974______GENERAL ACTS AND RESOLUTIONS, VOL. I________
"(D) Notwithstanding the foregoing, the application of any '911' service charge with respect to a mobile telecommunications service, as defined in 4 U.S.C. Section 124(7), shall be governed by the provisions of Code Section 48-8-6."
SECTION 4. If a court of competent jurisdiction enters a final judgment on the merits that is based on federal law, is no longer subject to appeal, and substantially limits or impairs the essential elements of Sections 116 through 126 of Title 4 U.S.C., then all provisions and applications of this Act are declared to be invalid and have no legal effect as of the date of entry of such judgment.
SECTION 5. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval and shall apply to charges for mobile telecommunications services reflected on customer bills issued on or after August 2, 2002.
SECTION 6. All laws and parts of laws in conflict with this Act are repealed.
Approved May 14, 2002.
STATE GOVERNMENT - GEORGIA TECHNOLOGY AUTHORITY OVERVIEW COMMITTEE CREATED.
Code Sections 50-25-15 and 50-25-16 Enacted.
No. 860 (House Bill No. 1445).
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 create a Georgia Technology Authority Overview Committee; 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 25 of Title 50 of the Official Code of Georgia Annotated, relating to the Georgia Technology Authority, is amended by adding new Code Sections 50-25-15 and 50-25-16 to read as follows:

____________GEORGIA LAWS 2002 SESSION_________975
"50-25-15. (a) The Georgia Technology Authority Overview Committee is created. The committee shall consist of three members of the House of Representatives appointed by the Speaker of the House and three members of the Senate appointed by the President of the Senate. The members shall serve for terms as members of the committee concurrent with their terms of office as members of the General Assembly. Members of the committee shall be appointed during the first 30 days of each regular legislative session which is held immediately following the election of members of the General Assembly; provided, however, that an appointment to fill any vacancy on the committee may be made at any time. (b) The Speaker of the House of Representatives shall designate one of the members appointed by the Speaker as cochairperson of the committee. The President of the Senate shall designate one of the members appointed by the President of the Senate as cochairperson of the committee. The members designated as cochairpersons shall serve for terms as such officers concurrent with their terms as members of the committee. Other than the cochairpersons provided for in this subsection, the committee shall provide for its own organization.
50-25-16. The committee shall periodically inquire into and review the operations, contracts, financing, organization, and structure of the Georgia Technology Authority, as well as periodically review and evaluate the success with which said authority is accomplishing its legislatively created purposes."
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.
Approved May 14, 2002.
REVENUE AND TAXATION - SALES AND USE TAX; DEFINITION OF "GROSS SALES" WITH REGARD TO TELEPHONE SERVICES.
Code Section 48-8-2 Amended.
No. 861 (House Bill No. 1446).
AN ACT
To amend Code Section 48-8-2 ofthe Official Code ofGeorgia Annotated, relating to definitions regarding sales and use tax, so as change the definition of "gross

976______GENERAL ACTS AND RESOLUTIONS, VOL. I________
sales" with respect to transactions relating to certain sales of telephone services; 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 48-8-2 of the Official Code of Georgia Annotated, relating to definitions regarding sales and use tax, is amended by striking paragraph (4) and inserting in its place a new paragraph (4) to read as follows:
"(4) 'Gross sales' means the: (A) Sum total of all retail sales of tangible personal property or services without any deduction of any kind other than as provided in this article; or (B)(i) Charges, when applied to sales of telephone service, made for local exchange telephone service, except local messages which are paid for by inserting coins in coin operated telephones, but including the total amount of the guaranteed charge for semipublic coin box telephone services; except as otherwise provided in division (ii) of this paragraph. (ii)(I) If a telephone service is not subject to the tax levied by this chapter, and if the amount charged for such telephone service is aggregated with and not separately stated from the amount paid or charged for any service that is subject to such tax, then the nontaxable telephone service shall be treated as being subject to such tax unless the telephone service provider can reasonably identify the amount paid or charged for the telephone service not subject to such tax from its books and records kept in the regular course of business. (II) If a telephone service is not subject to the tax levied by this chapter, a customer may not rely upon the nontaxability of such telephone service unless the telephone service provider separately states the amount charged for such nontaxable telephone service or the telephone service provider elects, after receiving a written request from the customer in the form required by the provider, to provide verifiable data based upon the provider's books and records that are kept in the regular course of business that reasonably identifies the amount charged for such nontaxable telephone 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 May 14, 2002.

____________GEORGIA LAWS 2002 SESSION__________977
COMMERCE AND TRADE - PROVISIONS RELATING TO INTERSTATE PURCHASE OF RIFLES AND SHOTGUNS AMENDED.
Code Title 10, Chapter 1, Article 6 Amended.
No. 862 (House Bill No. 1457).
AN ACT
To amend Chapter 1 ofTitle 10 ofthe Official Code ofGeorgia Annotated, relating to selling and other trade practices, so as to change certain provisions relating to interstate purchase of rifles and shotguns; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to selling and other trade practices, is amended by striking Article 6, relating to interstate purchase of rifles and shotguns, and inserting in its place a new Article 6 to read as follows:
"ARTICLE 6
10-1-100. Residents of the State of Georgia may purchase rifles and shotguns in any state of the United States, provided such residents conform to applicable provisions ofstatutes and regulations ofthe United States, ofthe State ofGeorgia, and ofthe state in which the purchase is made.
10-1-101. Residents of any state of the United States may purchase rifles and shotguns in the State of Georgia, provided such residents conform to applicable provisions of statutes and regulations ofthe United States, ofthe State ofGeorgia, and ofthe state in which such persons reside."
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.
Approved May 14, 2002.

978______GENERAL ACTS AND RESOLUTIONS, VOL. I________
PUBLIC OFFICERS AND EMPLOYEES - BLANKET BONDS; APPLICABILITY, FORM, AND PROCEDURES.
Code Section 45-4-11 Amended.
No. 865 (House Bill No. 1514).
AN ACT
To amend Code Section 45-4-11 of the Official Code of Georgia Annotated, relating to blanket bonds covering two or more political subdivisions, so as to provide for applicability, form, and procedures relative to blanket bonds; 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 45-4-11 of the Official Code of Georgia Annotated, relating to blanket bonds covering two or more political subdivisions, is amended by striking the Code section in its entirety and inserting in lieu thereof a new Code Section 45-4-11 to read as follows:
"45-4-11. (a) Notwithstanding any other provision of law to the contrary, the several counties, municipalities, and other political subdivisions of this state, including independent school districts, are authorized to purchase blanket bonds in lieu of individual bonds. Blanket bonds may cover any two or more officers, officials, agents, and any other employees of such political subdivisions where they are required by law to be bonded. (b) A blanket bond shall be in an amount sufficient to cover all or certain specified individual bonds otherwise required by law to be purchased by a county, municipality, or other political subdivision. The blanket bond shall specify the dates of coverage, the positions or persons covered by the bond, and the persons or entities to whom or to which the bond is payable. (c) A blanket bond shall be signed by the judge of the probate court of the county wherein the county, municipality, or school district purchasing the blanket bond is located. The bond shall be filed and recorded in the office of the probate court. Such signing, filing, and recording shall be in lieu of any other endorsement, signing, filing, approval, or recording otherwise required by law for individual bonds. Where a municipality or school district is located in more than one county, the bond shall be signed, filed, and recorded by the probate judge of the county within which the municipality or school district is predominately located based upon population. (d) In addition to any other guaranty or surety companies authorized by this chapter, a blanket bond may be offered by an interlocal risk management agency

____________GEORGIA LAWS 2002 SESSION__________979
created pursuant to Chapter 85 of Title 36 or Article 29 of Chapter 2 of Title 20 and may be in the form of a copy of an original annual coverage agreement providing the blanket bond."
SECTION 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.
Approved May 14, 2002.
REVENUE AND TAXATION - EXCISE TAX ON ROOMS, LODGING, AND ACCOMMODATIONS; AUTHORIZATION FOR IMPOSITION IN CERTAIN COUNTIES AND MUNICIPALITIES; REMEDIES FOR IMPOSITION OF EXCESSIVE REGULATORY FEES BY COUNTY OR MUNICIPAL GOVERNMENT.
Code Section 48-13-51 Amended. Code Section 48-13-9.1 Enacted.
No. 866 (House Bill No. 1519).
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 amend Chapter 13 of Title 48 of the Official Code of Georgia Annotated, relating to specific, business, and occupation taxes, so as to provide remedies for the imposition of excessive regulatory fees by a county or municipal government; 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:

980______GENERAL ACTS AND RESOLUTIONS, VOL. I________
SECTION 1. Article 3 of Chapter 13 of Title 48 of the Official Code of Georgia Annotated, relating to the excise tax on the furnishing for value to the public of any rooms, lodgings, or accommodations, is amended by striking paragraphs (1) and (2) of subsection (a) of Code Section 48-13-51, relating to the levy and collection of 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

_________GEORGIA LAWS 2002 SESSION__________981
providing such room, lodging, or accommodation until it is paid and shall be recoverable at law by the person or entity providing such room, lodging, or accommodation in the same manner as authorized for the recovery of other debts. The person or entity collecting the tax from the hotel or motel guest shall remit the tax to the governing authority imposing the tax, and the tax remitted shall be a credit against the tax imposed by division (i) of this subparagraph on the person or entity providing the room, lodging, or accommodation. (C)(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 (2.1), (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

982______GENERAL ACTS AND RESOLUTIONS, VOL. I_______
the same percentage shall be expended through a contract or contracts with one or more such entities for the purpose of promoting tourism, conventions, and trade shows. The expenditure requirements of this paragraph shall cease to apply to a county or municipality which levies a tax at a rate in excess of 3 percent, as authorized under paragraphs (2.1), (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 in subsection (a) of Code Section 48-13-51, relating to the levy and collection of certain excise taxes, by adding a new paragraph immediately following paragraph (2), to be designated paragraph (2.1), to read as follows:
"(2.1)(A) Notwithstanding the provisions of paragraph (1) of this subsection, a county (within the territorial limits of the special district located within the county) and municipalities within such a county in which county or municipality community auditorium or theater facilities owned and operated by a municipality have been renovated which renovations are completed substantially on or before July 1, 1995, and which county and municipalities have not previously levied a 6 percent tax under paragraph (4) of this subsection may levy a tax under this Code section at a rate of 5 percent. (B) A county or municipality levying a tax pursuant to this paragraph shall expend (in each fiscal year during which the tax is collected under this paragraph) an amount equal to 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 general recreation. Amounts so expended shall be expended only through a contract or contracts with a recreation authority created by local Act of the General Assembly."
SECTION 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 (2.1), (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 (2.1), (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

__________GEORGIA LAWS 2002 SESSION__________983
under paragraph (2.1), (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), (2.1), (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), (2.1), (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 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 of funds expended or contractually committed for expenditure as provided in paragraph (2), (2.1), (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 oftax receipts under this Code section during such fiscal year. A county or municipality contractually expending funds to meet the expenditure requirements ofparagraph (2), (2.1), (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 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), (2.1), (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."

984______GENERAL ACTS AND RESOLUTIONS, VOL. I_______
SECTION 4A. Chapter 13 of Title 48 of the Official Code of Georgia Annotated, relating to specific, business, and occupation taxes, is amended by inserting a new Code section to be designated Code Section 48-13-9.1 to read as follows:
"48-13-9.1. A civil action to enforce the limitation on regulatory fees set out in Code Section 48-13-9 may be filed after the exhaustion of administrative remedies. The prevailing party in such an action shall be awarded reasonable attorney's fees."
SECTION 4B. Section 4A of this Act shall become effective on January 1, 2003.
SECTION 5. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 6. All laws and parts of laws in conflict with this Act are repealed.
Approved May 14, 2002.
REVENUE AND TAXATION - STATE SALES AND USE TAX; EXEMPTION FOR SALES TO CHAPTERS
OF THE GEORGIA STATE SOCIETY OF THE DAUGHTERS OF THE AMERICAN REVOLUTION.
Code Section 48-8-3 Amended.
No. 867 (House Bill No. 1521).
AN ACT
To amend Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to exemptions from state sales and use tax, so as to provide for an exemption with respect to sales to chapters of the Georgia State Society of the Daughters of the American Revolution; to provide for conditions and limitations; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION I. 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

____________GEORGIA LAWS 2002 SESSION___________985
immediately following paragraph (7.1), to be designated paragraph (7.2), to read as follows:
"(7.2) Sales of tangible personal property or services to any chapter of the Georgia State Society of the Daughters of the American Revolution which is tax exempt under Section 501(c)(3) of the Internal Revenue Code and obtains an exemption determination letter from the commissioner;"
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.
Approved May 14, 2002.
GENERAL ASSEMBLY - LOCAL LEGISLATION; ADVERTISEMENT AND NOTICE OF INTENT TO INTRODUCE LOCAL LEGISLATION; AFFIDAVITS;
ANNEXATION REQUIREMENTS.
Code Sections 1-3-4, 1-3-4.1, 28-1-14, 28-1-14.1, 36-36-6, and 36-36-16 Amended.
No. 868 (House Bill No. 1525).
AN ACT
To amend Chapter 1 of Title 28 of the Official Code of Georgia Annotated, relating to general provisions regarding the General Assembly, Chapter 3 of Title 1 of the Official Code of Georgia Annotated, relating to laws and statutes, and Chapter 36 of Title 36 of the Official Code of Georgia Annotated, relating to annexation, so as to change procedures and enactment requirements regarding local bills; to change certain limitations with respect to effective dates of local bills; to change certain provisions regarding notice; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Chapter 1 of Title 28 of the Official Code of Georgia Annotated, relating to general provisions regarding the General Assembly, is amended by striking Code Section 28-1-14, relating to notice of intention to introduce local bills, and Code Section 28-1-14.1, relating to local bills proposing annexation by municipalities, and inserting in their place the following:

986______GENERAL ACTS AND RESOLUTIONS, VOL. I_______
"28-1-14.
(a) No local bill shall become law unless notice ofthe intention to introduce such bill shall have been advertised in the newspaper in which the sheriffs advertisements for the locality affected are published one time before the bill is introduced. Such advertisement must be not more than 60 days prior to the convening date of the session at which the bill is introduced. After the advertisement has been published the bill may be introduced at any time during that session unless the advertisement is published during the session, in which event the bill may not be introduced before Monday of the calendar week following the week in which the advertisement is published. (b) No local bill amending the charter of a municipality or the enabling Act of the governing authority of a county or a consolidated government shall become law unless a copy of the notice of the intention to introduce local legislation required by subsection (a) of this Code section is mailed, transmitted by facsimile, or otherwise provided to the governing authority of any county, municipality, or consolidated government referred to in the bill during the calendar week in which such notice is published as provided in subsection (a) of this Code section or during the seven days immediately following the date of publication of such notice. A single notice sent by United States mail, postage prepaid, addressed to the governing authority of the county, municipality, or consolidated government at the official address of such governing authority shall satisfy the requirement of this subsection. If such notice is mailed, the notice requirement of this subsection shall be presumed to have been met by depositing the copy of the required notice in the United States mail. For purposes of this subsection, the copy of the notice provided to such governing authority may consist of an actual or photostatic copy of the published notice or a typed restatement of the contents of such notice. (c) A copy of the notice as it was advertised and an affidavit stating that the notice has been published as provided by this Code section and that the notice requirements of this Code section have been met shall be attached to the bill and shall become a part of the bill. Such affidavit shall be made by the author of the bill.
28-1-14.1. Reserved."
SECTION 2. Chapter 3 of Title 1 of the Official Code of Georgia Annotated, relating to laws and statutes, is amended by striking Code Section 1-3-4, relating to effective dates of legislative Acts, and Code Section 1-3-4.1, relating to effective dates of certain local Acts, and inserting in their place the following:
"1-3-4.
(a) Unless a different effective date is specified in an Act: (1) Any Act which is approved by the Governor or which becomes law without his approval on or after the first day of January and prior to the first

____________GEORGIA LAWS 2002 SESSION__________987
day of July of a calendar year shall become effective on the first day of July; and (2) Any Act which is approved by the Governor or which becomes law without his approval on or after the first day of July and prior to the first day ofJanuary ofthe immediately succeeding calendar year shall become effective on the first day of January. (b) Subsection (a) of this Code section shall not apply to local legislation or to resolutions intended to have the effect of law. Such local legislation and resolutions intended to have the effect of law become effective immediately upon approval by the Governor or upon their becoming law without his approval, unless a different effective date is specified in the Act or resolution.
1-3-4.1. Notwithstanding the provisions of O.C.G.A. p 1-3-4, no general Act which provides for an increase in compensation to one or more of the county officials listed in Article IX, Section I, Paragraph III or Chapter 10 of Title 15 of the Official Code of Georgia Annotated shall be effective until the first day of January following passage of the Act."
SECTION 3. Chapter 36 of Title 36 of the Official Code of Georgia Annotated, relating to annexation, is amended by striking Code Section 36-36-6, relating to notice regarding proposed annexation, and inserting in its place a new Code Section 36-36-6 to read as follows:
"36-36-6. Upon accepting an application for annexation pursuant to Code Section 3 6-36-21 or a petition for annexation pursuant to Code Section 36-36-32, or upon adopting a resolution calling for an annexation referendum pursuant to Code Section 36-36-57, the governing authority of the annexing municipality shall within five business days give written notice of the proposed annexation to the governing authority of the county wherein the area proposed for annexation is located. Such notice shall include a map or other description of the site proposed to be annexed sufficient to identify the area."
SECTION 4. Said chapter is further amended by striking subsection (b) of Code Section 36-36-16, relating to certain annexation procedures, and inserting in its place a new subsection (b) to read as follows:
"(b) Such bill may include a requirement for referendum approval of the annexation under such terms and conditions as specified in such local law; provided, however, if the number of residents in the area to be annexed exceeds 3 percent of the population of the municipal corporation or 500 people, whichever is less, as determined by the most recent United States decennial census, referendum approval shall be required in the area to be annexed. The cost

988______GENERAL ACTS AND RESOLUTIONS, VOL. I_______
of holding the referendum required by this article shall be paid from funds of the municipality proposing the annexation."
SECTION 5. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 6. All laws and parts of laws in conflict with this Act are repealed.
Approved May 14, 2002.
PUBLIC UTILITIES AND PUBLIC TRANSPORTATION SOUTHWEST GEORGIA RAILROAD EXCURSION
AUTHORITY; ASSIGN TO DEPARTMENT OF NATURAL RESOURCES FOR ADMINISTRATIVE PURPOSES; DATE OF ANNUAL STATEMENT OF FINANCIAL POSITION.
Code Sections 46-9-321 and 46-9-325 Amended.
No. 869 (House Bill No. 1538).
AN ACT
To amend Article 11 of Chapter 9 of Title 46 of the Official Code of Georgia Annotated, relating to the Southwest Georgia Railroad Excursion Authority, so as to assign the authority to the Department of Natural Resources for administrative purposes only; to change certain provisions regarding books and records; 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 46 of the Official Code of Georgia Annotated, relating to the Southwest Georgia Railroad Excursion Authority, is amended by striking subsection (b) of Code Section 46-9-321, relating to creation of the Southwest Georgia Railroad Excursion Authority, and inserting in its place a new subsection (b) to read as follows:
"(b) The authority shall be assigned to the Department of Natural Resources for administrative purposes only."

____________GEORGIA LAWS 2002 SESSION__________989
SECTION 2. Said article is further amended by striking Code Section 46-9-325, relating to members' accountability, and inserting in its place a new Code Section 46-9-325 to read as follows:
"46-9-325. The members ofthe authority shall be accountable in all respects as trustees. 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 the books, together with a proper statement ofthe authority' s financial position, once a year on or about June 30 to the state auditor."
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.
Approved May 14, 2002.
CORPORATIONS, PARTNERSHIPS, AND ASSOCIATIONS FEES; REGISTERED AGENTS; COPIES OF DOCUMENTS; CERTIFICATES OF AUTHORITY.
Code Sections 10-1-146, 14-2-122, 14-2-124, 14-2-403, 14-2-1502, 14-2-1503, 14-2-1510, 14-3-124, 14-3-403, 14-3-1503, 14-3-1510, 14-9-104, 14-9-206.3, 14-9-907, 14-11-211, and 14-11-711 Amended.
No. 872 (House Bill No. 1223).
AN ACT
To amend Title 14 of the Official Code of Georgia Annotated, relating to corporations, partnerships, and associations, so as to provide a flat fee for foreign corporations transacting business in the state without a certificate of authority; to delete multiple year and partial year references where a flat fee is specified; to specify that professional corporations or limited liability companies may serve as the registered agent for service for a limited partnership; to clarify the Secretary of State's $10.00 filing fee for acceptance of service in the applicable Code sections; to eliminate the requirement for period of duration and directors on a foreign corporation's application for a certificate of authority; to eliminate redundancies in providing copies of documents in applicable Code sections; to repeal provisions relating to registration of the name of foreign corporations; to amend Code Section 10-1-416, relating to the appointment of the Secretary of State as agent for service of process, so as clarify filing fees; to provide for related matters; to repeal conflicting laws; and for other purposes.

990______GENERAL ACTS AND RESOLUTIONS, VOL. I________

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.
Code Section 10-1-416 of the Official Code of Georgia Annotated, relating to the appointment of the Secretary of State as agent for service of process, is amended by striking subsection (a) and inserting in its place the following:
"(a) Each seller numbering among its participants or purchasers any resident of this state, which has agreements made in this state, or which has its principal place of business in this state, shall irrevocably appoint the Secretary of State of this state as its agent for service of process for any alleged violation of this part and shall pay a $10.00 filing fee. Compliance with this Code section shall not in and of itself subject any seller to the provisions or consequences of any other statute of this state."

SECTION 2. Title 14 of the Official Code of Georgia Annotated, relating to corporations, partnerships, and associations, is amended by striking Code Section 14-2-122, relating to filing fees and penalties, and inserting in its place the following:
"14-2-122.
The Secretary of State shall collect the following fees and penalties when the documents described in this Code section are delivered to him or her for filing:

Document

Fee

(1) Articles of incorporation .............................. $ 60.00

(2) Application for certificate of authority ................... 170.00

(3) Annual registration .................................. 15.00

(4) Agent's statement of resignation ....................... No fee

(5) Certificate ofjudicial dissolution ....................... No fee

(6) Application for reservation of a corporate name ........... No fee

(7) Civil penalty for a foreign corporation transacting business in this state without a certificate of authority ....................... 500.00

(8) Statement of change of address of registered agent...$5.00 per corporation but not less than .............................. 20.00

(9) Application for reinstatement .......................... 100.00

(10) Any other document required or permitted to be filed by this chapter ............................................... 20.00"

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SECTION 3. Said title is further amended by striking subparagraph (A) of paragraph (1) of subsection (b) ofCode Section 14-2-124, relating to correcting filed document, and inserting in its place the following:
"(A) Describe the document (including its filing date);*
SECTION 4. Said title is further amended by repealing Code Section 14-2-403, relating to registered name.
SECTION 5. Said title is further amended by striking subsection (b) of Code Section 14-2-1502, relating to consequences of transacting business without authority, and inserting in its place the following:
"(b) Each foreign corporation that has not obtained a certificate of authority within 30 calendar days after the first day on which it transacts business in this state shall be liable for the civil penalty set out in Code Section 14-2-122. Such civil penalty shall be in addition to other consequences set out in this Code section and shall be collected without discretion by the Secretary of State."
SECTION 6. Said title is further amended by striking subsection (a) of Code Section 14-2-1503, relating to application for certificate of authority, and inserting in its place the following:
"(a) A foreign corporation may apply for a certificate of authority to transact business in this state by delivering an application to the Secretary of State for filing. The application must set forth:
(1) The name of the foreign corporation or, if its name is unavailable for use in this state, a corporate name that satisfies the requirements of Code Section 14-2-1506; (2) The name of the state or country under whose law it is incorporated; (3) Its date of incorporation; (4) The mailing address of its principal office; (5) The address of its registered office in this state and the name of its registered agent at that office; and (6) The names and respective business addresses ofits chiefexecutive officer, chief financial officer, and secretary, or individuals holding similar positions."
SECTION 7. Said title is further amended by striking subsection (b) of Code Section 14-2-1510, relating to service on foreign corporations, and inserting in its place the following:
"(b) Ifa foreign corporation has no registered agent or its registered agent cannot with reasonable diligence be served, the corporation may be served by registered or certified mail or statutory overnight delivery, return receipt requested, addressed to the chiefexecutive officer, chieffinancial officer, or secretary ofthe

992______GENERAL ACTS AND RESOLUTIONS, VOL. I________
foreign corporation, or a person holding a position comparable to any of the foregoing, at its principal office shown in the later of its application for a certificate of authority or its most recent annual registration. Any party that serves a foreign corporation in accordance with this subsection shall also serve a copy of the process upon the Secretary of State and shall pay a $10.00 filing fee."
SECTION 8. Said title is further amended by striking subparagraph (A) of paragraph (1) of subsection (b) of Code Section 14-3-124, relating to correcting filed document, and inserting in its place the following:
"(A) Describe the document (including its filing date);"
SECTION 9. Said title is further amended by repealing Code Section 14-3-403, relating to registered name of foreign corporation.
SECTION 10. Said title is further amended by striking subsection (a) of Code Section 14-3-1503, relating to application for certificate of authority, and inserting in its place the following:
"(a) A foreign corporation may apply for a certificate of authority to transact business in this state by delivering an application to the Secretary of State for filing. The application must set forth:
(1) The name of the foreign corporation or, if its name is unavailable for use in this state, a corporate name that satisfies the requirements of Code Section 14-2-1506; (2) The name of the state or country under whose law it is incorporated; (3) Its date of incorporation; (4) The mailing address of its principal office; (5) The address of its registered office in this state and the name of its registered agent at that office; and (6) The names and respective business addresses ofits chiefexecutive officer, chief financial officer, and secretary, or individuals holding similar positions."
SECTION 11. Said title is further amended by striking subsection (b) of Code Section 14-3-1510, relating to service on foreign corporations, and inserting in its place the following:
"(b) If a foreign corporation has no registered agent or its registered agent cannot with reasonable diligence be served, the corporation may be served by registered or certified mail or statutory overnight delivery, return receipt requested, addressed to the chiefexecutive officer, chieffinancial officer, or secretary ofthe foreign corporation, or a person holding a position comparable to any of the foregoing, at its principal office shown in the later of its application for a certificate of authority or its most recent annual registration. Any party that

___________GEORGIA LAWS 2002 SESSION_________993
serves a foreign corporation in accordance with this subsection shall also serve a copy of the process upon the Secretary of State and shall pay a $10.00 filing fee."
SECTION 12. Said title is further amended by striking subsection (b) of Code Section 14-9-104, relating to registered office and agents, and inserting in its place the following:
"(b) An agent for service of process must be an individual resident of this state, a domestic corporation, professional corporation, or limited liability company, or a foreign corporation or limited liability company authorized to transact business in this state."
SECTION 13. Said title is further amended by striking subparagraph (A) of paragraph (1) of subsection (b) of Code Section 14-9-206.3, relating to articles of correction and effective date, and inserting in its place the following:
"(A) Describe the document, including its filing date;"
SECTION 14. Said title is further amended by striking paragraph (2) of subsection (c) of Code Section 14-9-907, relating to transaction of business without registering, and inserting in its place the following:
"(2) If it has not registered within 30 days after the first day on which it transacts business in this state, for a penalty of $500.00."
SECTION 15. Said title is further amended by striking subparagraph (A) of paragraph (1) of subsection (b) of Code Section 14-11-211, relating to correcting a filed document, and inserting in its place the following:
"(A) Describe the document (including its filing date);"
SECTION 16. Said title is further amended by striking paragraph (2) of subsection (c) of Code Section 14-11-711, relating to failure of a company to procure certificate and the penalty and effect, and inserting in its place the following:
"(2) If it has not been authorized to transact business in this state within 30 days after the first day on which it transacts business in this state, for a penalty of $500.00."
SECTION 17. All laws and parts of laws in conflict with this Act are repealed.
Approved May 14, 2002.

994______GENERAL ACTS AND RESOLUTIONS, VOL. I________
REVENUE AND TAXATION - AD VALOREM TAXES; EXEMPTION FOR HISTORIC PROPERTY OWNED BY NONPROFIT CORPORATION HOUSING A MEDICAL MUSEUM OR MEDICAL SOCIETY; REFERENDUM.
Code Section 48-5-41 Amended.
No. 873 (House Bill No. 1244).
AN ACT
To amend Code Section 48-5-41 of the Official Code of Georgia Annotated, relating to property exempted from ad valorem taxation, so as to exempt from taxation certain historic property owned by a nonprofit corporation and which houses a medical museum or medical society; to provide for a referendum, applicability, and effective dates; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Code Section 48-5-41 of the Official Code of Georgia Annotated, relating to property exempted from ad valorem taxation, is amended by striking "and" at the end of paragraph (14) of subsection (a) thereof, striking the period and inserting"; and" at the end of paragraph (15) of said subsection, and adding immediately thereafter the following:
"(16) All property which: (A) Is owned by a nonprofit corporation exempt from federal taxation under Section 501(c)(3) of the Internal Revenue Code of 1986; (B) Is listed on the National Register of Historic Places or the Georgia Register of Historic Places; and (C) Houses or has housed a medical museum or medical society."
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 for the approval or disapproval of this Act on the date of the November, 2002, general election. The Secretary of State shall cause the date and purpose of the special election to be published in the official organ of each county in the state once a week for two weeks immediately preceding the date of the referendum. The ballot shall have written thereon the following:
"YES ( ) Shall the Act be approved which grants an exemption from ad valorem taxation on certain historic property owned by a nonprofit
NO ( ) corporation which houses a medical museum or medical society?"

____________GEORGIA LAWS 2002 SESSION__________995
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-halfofthe votes cast on such question are for approval ofthe Act, then Section 1 of this Act shall become effective on January 1, 2003, and shall apply to all tax years beginning on or after that date; otherwise Section 1 of this Act shall be void and this Act shall stand repealed in its entirety on January 1, 2003.
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 May 14, 2002.
COMMERCIAL CODE - LETTERS OF CREDIT.
Code Sections 10-1-36, 11-2-512, 11-9-102, 11-9-304, 11-9-322.1, 11-9-501, and 11-9-502 and Code Title 11, Article 5 Amended.
No. 874 (House Bill No. 1253).
AN ACT
To amend Title 11 of the Official Code of Georgia Annotated, the "Uniform Commercial Code," so as to enact a new Article 5 relating to letters of credit; to strike former Article 5 in its entirety and replace it with a new article; to define terms; to provide for general matters relating to letters of credit; to provide for the rights ofparties to letters ofcredit; to provide for penalties and remedies; to provide for transfer of letters of credit; to provide for assignment of proceeds of letters of credit; to provide for a statute of limitations; to provide for choice of law and forum of proceedings; to provide for subrogation; to make conforming changes; to amend Article 9 of said Title 11, relating to secured transactions, so as to change various definitions in various Code sections and to amend a nonuniform provision; to amend Article 2 ofChapter 1 ofTitle 10 ofthe Official Code ofGeorgia Annotated, the "Motor Vehicle Sales Finance Act," to correct gender references and to correct references to other statutes; to provide for related matters; to provide an effective date and applicability; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

996______GENERAL ACTS AND RESOLUTIONS, VOL. I________
SECTION 1. Title 11 of the Official Code of Georgia Annotated, the "Uniform Commercial Code," is amended by striking in its entirety Article 5, relating to letters of credit, and inserting in its place a new Article 5 to read as follows:
"ARTICLE 5 LETTERS OF CREDIT
11-5-101. Short title. This article may be cited as 'Uniform Commercial Code Letters of Credit.1
11-5-102. Definitions. (a) As used in this article, the term:
(1) 'Adviser' means a person who at the request of the issuer, a confirmer, or another adviser, notifies or requests another adviser to notify the beneficiary that a letter of credit has been issued, confirmed, or amended. (2) 'Applicant' means a person at whose request or for whose account a letter of credit is issued. The term includes a person who requests an issuer to issue a letter of credit on behalf of another if the person making the request undertakes an obligation to reimburse the issuer. (3) 'Beneficiary' means a person who under the terms of a letter of credit is entitled to have its complying presentation honored. The term includes a person to whom drawing rights have been transferred under a transferable letter of credit. (4) 'Confirmer' means a nominated person who undertakes, at the request or with the consent of the issuer, to honor a presentation under a letter of credit issued by another. (5) 'Dishonor' of a letter of credit means failure timely to honor or to take an interim action such as acceptance of a draft that may be required by the letter of credit. (6) 'Document' means a draft or other demand, document of title, investment security, certificate, invoice, or other record, statement or representation of fact, law, right, or opinion:
(A) Which is presented in a written or other medium permitted by the letter of credit or, unless prohibited by the letter of credit, by the standard practice referred to in subsection (e) of Code Section 11-5-108; and (B) Which is capable of being examined for compliance with the terms and conditions of the letter of credit. A document may not be oral. (7) 'Good faith' means honesty in fact in the conduct or transaction. (8) 'Honor' of a letter of credit means performance of the issuer's undertaking in the letter of credit to pay or deliver an item of value. Unless the letter of credit provides otherwise, 'honor' occurs: (A) Upon payment; (B) Ifthe letter ofcredit provides for acceptance, upon acceptance ofa draft and at maturity, its payment; or

____________GEORGIA LAWS 2002 SESSION__________997
(C) If the letter of credit provides for incurring a deferred obligation, upon incurring the obligation and, at maturity, its performance. (9) 'Issuer' means a bank, entity, or other person that issues a letter of credit but does not include an individual who makes an engagement for personal, family, or household purposes. (10) 'Letter of credit' means a definite undertaking that satisfies the requirements of Code Section 11-5-104 by an issuer to a beneficiary at the request of or for the account of an applicant or, in the case of a financial institution, to itselfor for its own account, to honor a documentary presentation by payment or delivery of an item of value. (11) 'Nominated person'means a person whom the issuer: (A) Designates or authorizes to pay, accept, negotiate, or otherwise give value under a letter of credit; and (B) Undertakes by agreement or custom and practice to reimburse. (12) 'Presentation' means delivery of a document to an issuer or nominated person for honor or giving of value under a letter of credit. (13) 'Presenter' means a person making a presentation as or on behalf of a beneficiary or nominated person. (14) 'Record' 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. (15) 'Successor ofa beneficiary' means a person who succeeds to substantially all of the rights of a beneficiary by operation of law, including a corporation with or into which a beneficiary has merged or consolidated, an administrator, executor, personal representative, trustee in bankruptcy, debtor in possession, liquidator, and receiver. (b) Other definitions applying to this article and the Code sections in which they appear are: 'Accept' or 'acceptance.' Code Section 11-3-409. 'Value.' Code Section 11-3-303 and 11-4-211. (c) Article 1 of this title contains general definitions and principles of construction and interpretation applicable throughout this article.
11-5-103. Scope. (a) This article applies to letters of credit and to certain rights and obligations arising out of transactions involving letters of credit. (b) The statement of a rule in this article does not by itself require, imply, or negate application of the same or a different rule to a situation not provided for or to a person not specified in this article. (c) With the exception of subsections (a), (b), and (d) of this Code section, paragraphs (9) and (10) of subsection (a) of Code Section 11-5-102, subsection (d) of Code Section 11-5-106, and subsection (d) of Code Section 11-5-114 and except to the extent prohibited in subsection (3) of Code Section 11-1-102 and subsection (d) of Code Section 11-5-117, the effect of this article may be varied by agreement or by a provision stated or incorporated by reference

998______GENERAL ACTS AND RESOLUTIONS, VOL. I_______
in an undertaking. A term in an agreement or undertaking generally excusing liability or generally limiting remedies for failure to perform obligations is not sufficient to vary obligations prescribed by this article. (d) Rights and obligations of an issuer to a beneficiary or a nominated person under a letter of credit are independent of the existence, performance, or nonperformance of a contract or arrangement out of which the letter of credit arises or which underlies it including contracts or arrangements between the issuer and the applicant and between the applicant and the beneficiary.
11-5-104. Formal requirements. A letter of credit, confirmation, advice, transfer, amendment, or cancellation may be issued in any form that is a record and is authenticated:
(1) By a signature; or (2) In accordance with the agreement of the parties or the standard practice referred to in subsection (e) of Code Section 11-5-108.
11-5-105. Consideration. Consideration is not required to issue, amend, transfer, or cancel a letter of credit, advice, or confirmation.
11-5-106. Issuance, amendment, cancellation, and duration. (a) A letter of credit is issued and becomes enforceable according to its terms against the issuer when the issuer sends or otherwise transmits it to the person requested to advise or to the beneficiary. A letter of credit is revocable only if it provides that it is revocable. (b) After a letter of credit is issued, rights and obligations of a beneficiary, applicant, confirmer, and issuer are not affected by an amendment or cancellation to which that person has not consented except to the extent the letter of credit provides that it is revocable or that the issuer may amend or cancel the letter of credit without that consent. (c) If there is no stated expiration date or other provision that determines its duration, a letter of credit expires one year after its stated date of issuance or, if none is stated, one year after the date on which it is issued. (d) A letter of credit that states that it is perpetual expires five years after its stated date of issuance or, if none is stated, five years after the date on which it is issued.
11-5-107. Confirmer, nominated person, and adviser. (a) A confirmer is directly obligated on a letter of credit and has the rights and obligations of an issuer to the extent of its confirmation. The confirmer also has rights against and obligations to the issuer as if the issuer were an applicant and the confirmer had issued the letter of credit at the request of and for the account of the issuer. (b) A nominated person who is not a confirmer is not obligated to honor or otherwise give value for a presentation.

___________GEORGIA LAWS 2002 SESSION__________999
(c) A person required to advise may decline to act as an adviser. An adviser that is not a confirmer is not obligated to honor or give value for a presentation. An adviser undertakes to the issuer and to the beneficiary accurately to advise the terms of the letter of credit, confirmation, amendment, or advice received by that person and undertakes to the beneficiary to check the apparent authenticity ofthe requirement to advise. Even if the advice is inaccurate, the letter of credit, confirmation, or amendment is enforceable as issued. (d) A person who notifies a transferee beneficiary of the terms of a letter of credit, confirmation, amendment, or advice has the rights and obligations of an adviser under subsection (c) of this Code section. The terms in the notice to the transferee beneficiary may differ from the terms in any notice to the transferor beneficiary to the extent permitted by the letter of credit, confirmation, amendment, or advice received by the person who so notifies.
11-5-108. Issuer's rights and obligations. (a) Except as otherwise provided in Code Section 11 -5-109, an issuer shall honor a presentation that, as determined by the standard practice referred to in subsection (e) of this Code section, appears on its face strictly to comply with the terms and conditions ofthe letter ofcredit. Except as otherwise provided in Code Section 11-5-113 and unless otherwise agreed with the applicant, an issuer shall dishonor a presentation that does not appear to comply. (b) An issuer has a reasonable time after presentation, but not beyond the end of the seventh business day of the issuer after the day of its receipt of documents:
(1) To honor; (2) If the letter of credit provides for honor to be completed more than seven business days after presentation, to accept a draft or incur a deferred obligation; or (3) To give notice to the presenter of discrepancies in the presentation. (c) Except as otherwise provided in subsection (d) ofthis Code section, an issuer is precluded from asserting as a basis for dishonor any discrepancy if timely notice is not given or from asserting as a basis for dishonor any discrepancy not stated in the notice if timely notice is given. (d) Failure to give the notice specified in subsection (b) of this Code section or to mention fraud, forgery, or expiration in the notice does not preclude the issuer from asserting as a basis for dishonor, fraud, or forgery as described in subsection (a) of Code Section 11-5-109 or expiration of the letter of credit before presentation. (e) An issuer shall observe the standard practice of financial institutions that regularly issue letters of credit. Determination of the issuer's observance of the standard practice is a matter of interpretation for the court. The court shall offer the parties a reasonable opportunity to present evidence of the standard practice. (f) An issuer is not responsible for: (1) The performance or nonperformance of the underlying contract, arrangement, or transaction; (2) An act or omission of others; or

1000_____GENERAL ACTS AND RESOLUTIONS, VOL. I_________
(3) Observance of knowledge of the usage of a particular trade other than the standard practice referred to in subsection (e) of this Code section, (g) If an undertaking constituting a letter of credit under paragraph (10) of subsection (a) of Code Section 11-5-102 contains nondocumentary conditions, an issuer shall disregard the nondocumentary conditions and treat them as if they were not stated. (h) An issuer that has dishonored a presentation shall return the documents to the presenter or hold the documents at the disposal of the presenter and send advice to that effect to the presenter. (i) An issuer that has honored a presentation as permitted or required by this article: (1) Is entitled to be reimbursed by the applicant in immediately available funds not later than the date of its payment of funds; (2) Takes the documents free of claims of the beneficiary or presenter; (3) Is precluded from asserting a right of recourse on a draft under Code Sections 11-3-414 and 11-3-415; (4) Except as otherwise provided in Code Sections 11-5-110 and 11-5-117, is precluded from restitution ofmoney paid or other value given by mistake to the extent the mistake concerns discrepancies in the documents or tender which are apparent on the face of the presentation; and (5) Is discharged to the extent of its performance under the letter of credit unless the issuer honored a presentation in which a required signature of a beneficiary was forged.
11-5-109. Fraud and forgery. (a) If a presentation is made that appears on its face strictly to comply with the terms and conditions of the letter of credit, but a required document is forged or materially fraudulent, or honor of the presentation would facilitate a material fraud by the beneficiary on the issuer or applicant:
(1) The issuer shall honor the presentation, if honor is demanded by: (A) A nominated person who has given value in good faith and without notice of forgery or material fraud; (B) A confirmer who has honored its confirmation in good faith; (C) A holder in due course of a draft drawn under the letter of credit which was taken after acceptance by the issuer or nominated person; or (D) An assignee of the issuer's or nominated person's deferred obligation that was taken for value and without notice of forgery or material fraud after the obligation was incurred by the issuer or nominated persons; and
(2) The issuer, acting in good faith, may honor or dishonor the presentation in any other case. (b) If an applicant claims that a required document is forged or materially fraudulent or that honor of the presentation would facilitate a material fraud by the beneficiary on the issuer or applicant, a court of competent jurisdiction may temporarily or permanently enjoin the issuer from honoring a presentation or grant similar relief against the issuer or other persons only if the court finds that:

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(1) The relief is not prohibited under the law applicable to an accepted draft or deferred obligation incurred by the issuer; (2) A beneficiary, issuer, or nominated person who may be adversely affected is adequately protected against loss that it may suffer because the relief is granted; (3) All of the conditions to entitle a person to the relief under the law of this state have been met; and (4) On the basis of the information submitted to the court, the applicant is more likely than not to succeed under its claim of forgery or material fraud and the person demanding honor does not qualify for protection under paragraph (1) of subsection (a) of this Code section.
11-5-110. Warranties. (a) If its presentation is honored, the beneficiary warrants:
(1) To the issuer, any other person to whom presentation is made, and the applicant that there is no fraud or forgery of the kind described in subsection (a) of Code Section 11-5-109; and (2) To the applicant that the drawing does not violate any agreement between the applicant and beneficiary or any other agreement intended by them to be augmented by the letter of credit. (b) The warranties in subsection (a) of this Code section are in addition to warranties arising under Articles 3, 4, 7, and 8 of this title because of the presentation or transfer of documents covered by any of those articles.
11-5-111. Remedies. (a) If an issuer wrongfully dishonors or repudiates its obligation to pay money under a letter of credit before presentation, the beneficiary, successor, or nominated person presenting on its own behalf may recover from the issuer the amount that is the subject of the dishonor or repudiation. If the issuer's obligation under the letter of credit is not for the payment of money the claimant may obtain specific performance or at the claimant's election recover an amount equal to the value of performance from the issuer. In either case the claimant may also recover incidental damages but not consequential damages. The claimant is not obligated to take action to avoid damages that might be due from the issuer under this subsection. If, although not obligated to do so, the claimant avoids damages, the claimant's recovery from the issuer must be reduced by the amount of damages avoided. The issuer has the burden of proving the amount of damages avoided. In the case of repudiation the claimant need not present any document. (b) If an issuer wrongfully dishonors a draft or demand presented under a letter of credit or honors a draft or demand in breach of its obligation to the applicant, the applicant may recover damages resulting from the breach, including incidental damages but not consequential damages, less any amount saved as a result of the breach.

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(c) If an adviser or nominated person other than a confirmer breaches an obligation under this article or an issuer breaches an obligation not covered in subsection (a) or (b) of this Code section, a person to whom the obligation is owed may recover damages resulting from the breach, including incidental damages but not consequential damages, less any amount saved as a result of the breach. To the extent of the confirmation, a confirmer has the liability of an issuer specified in this subsection and in subsections (a) and (b) of this Code section. (d) An issuer, nominated person, or adviser who is found liable under subsection (a), (b), or (c) of this Code section shall pay interest on the amount owed thereunder from the date of wrongful dishonor or other appropriate date. (e) Reasonable attorney's fees and other expenses of litigation shall be awarded to the prevailing party in an action in which a remedy is sought under this article. (f) Damages that would otherwise be payable by a party for breach of an obligation under this article may be liquidated by agreement or undertaking but only in an amount or by a formula that is reasonable in light of the harm anticipated.
11-5-112. Transfer of letter of credit. (a) Except as otherwise provided in Code Section 11-5-113, unless a letter of credit provides that it is transferable the right of a beneficiary to draw or otherwise demand performance under a letter of credit may not be transferred. (b) Even if a letter of credit provides that it is transferable, the issuer may refuse to recognize or carry out a transfer if:
(1) The transfer would violate applicable law; or (2) The transferor or transferee has failed to comply with any requirement stated in the letter of credit or any other requirement relating to transfer imposed by the issuer which is within the standard practice referred to in subsection (e) of Code Section 11-5-108 or is otherwise reasonable under the circumstances.
11-5-113. Transfer by operation of law. (a) A successor of a beneficiary may consent to amendments, sign and present documents, and receive payment or other items of value in the name of the beneficiary without disclosing its status as a successor. (b) A successor of a beneficiary may consent to amendments, sign and present documents, and receive payment or other items of value in its own name as the disclosed successor of the beneficiary. Except as otherwise provided in subsection (e) of this Code section, an issuer shall recognize a disclosed successor of a beneficiary as beneficiary in full substitution for its predecessor upon compliance with the requirements for recognition by the issuer of a transfer of drawing rights by operation of law under the standard practice referred to in subsection (e) of Code Section 11-5-108 or, in the absence of such a practice, compliance with other reasonable procedures sufficient to protect the issuer.

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(c) An issuer is not obliged to determine whether a purported successor is a successor of a beneficiary or whether the signature of a purported successor is genuine or authorized. (d) Honor of a purported successor's apparently complying presentation under subsection (a) or (b) of this Code section has the consequences specified in subsection (i) ofCode Section 11 -5-108 even ifthe purported successor is not the successor of a beneficiary. Documents signed in the name of the beneficiary or of a disclosed successor by a person who is neither the beneficiary nor the successor of the beneficiary are forged documents for the purposes of Code Section 11-5-109. (e) An issuer whose rights of reimbursement are not covered by subsection (d) of this Code section or substantially similar law and any confirmer or nominated person may decline to recognize a presentation under subsection (b) ofthis Code section. (f) A beneficiary whose name is changed after the issuance of a letter of credit has the same rights and obligations as a successor of a beneficiary under this Code section.
11-5-114. Assignment of proceeds. (a) As used in this Code section, the term 'proceeds of a letter of credit' means the cash, check, accepted draft, or other item of value paid or delivered upon honor or giving of value by the issuer or any nominated person under the letter ofcredit. The term does not include a beneficiary's drawing rights or documents presented by the beneficiary. (b) A beneficiary may assign its right to part or all of the proceeds of a letter of credit. The beneficiary may do so before presentation as a present assignment of its right to receive proceeds contingent upon its compliance with the terms and conditions of the letter of credit. (c) An issuer or nominated person need not recognize an assignment ofproceeds of a letter of credit until it consents to the assignment. (d) An issuer or nominated person has no obligation to give or withhold its consent to an assignment of proceeds of a letter of credit, but consent may not be unreasonably withheld if the assignee possesses and exhibits the letter of credit and presentation of the letter of credit is a condition to honor. (e) Rights ofa transferee beneficiary or nominated person are independent ofthe beneficiary's assignment of the proceeds of a letter of credit and are superior to the assignee's right to the proceeds. (f) Neither the rights recognized by this Code section between an assignee and an issuer, transferee beneficiary, or nominated person nor the issuer's or nominated person's payment of proceeds to an assignee or a third person affect the rights between the assignee and any person other than the issuer, transferee beneficiary, or nominated person. The mode of creating and perfecting a security interest in or granting an assignment of a beneficiary's rights to proceeds is governed by Article 9 of this title or other law. Against persons other than the issuer, transferee beneficiary, or nominated person, the rights and obligations

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arising upon the creation of a security interest or other assignment of a beneficiary's right to proceeds and its perfection are governed by Article 9 ofthis title or other law.
11-5-115. Statute of limitations. An action to enforce a right or obligation arising under this article must be commenced within one year after the expiration date of the relevant letter of credit or one year after the cause of action accrues, whichever occurs later. A cause of action accrues when the breach occurs regardless of the aggrieved party's lack of knowledge of the breach.
11-5-116. Choice of law and forum. (a) The liability of an issuer, nominated person, or adviser for any action or omission is governed by the law of the jurisdiction chosen by an agreement in the form of a record signed or otherwise authenticated by the affected parties in the manner provided in Code Section 11-5-104 or by a provision in the person's letter of credit, confirmation, or other undertaking. The jurisdiction whose law is chosen need not bear any relation to the transaction. (b) Unless subsection (a) of this Code section applies, the liability of an issuer, nominated person, or adviser for any action or omission is governed by the law of the jurisdiction in which the person is located. The person is considered to be located at the address indicated in the person s undertaking. If more than one address is indicated, the person is considered to be located at the address from which the person's undertaking was issued. For the purpose of jurisdiction, choice of law, and recognition of interbranch letters of credit, but not enforcement of a judgment, all branches of a bank are considered separate juridical entities and a bank is considered to be located at the place where its relevant branch is considered to be located under this subsection. (c) Except as otherwise provided in this subsection, the liability of an issuer, nominated person, or adviser is governed by any rules of custom or practice, such as the Uniform Customs and Practice for Documentary Credits, to which the letter of credit, confirmation, or other undertaking, is expressly made subject. If:
(1) This article would govern the liability of an issuer, nominated person, or adviser under subsection (a) or (b) of this Code section; (2) The relevant undertaking incorporates rules of custom or practice; and (3) There is conflict between this article and the incorporated rules as applied to that undertaking, the incorporated rules govern except to the extent of any conflict with the nonvariable provisions specified in subsection (c) of Code Section 11-5-103. (d) If there is conflict between this article and Article 3,4,4A, or 9 of this title, this article governs. (e) The forum for settling disputes arising out of an undertaking within this article may be chosen in the manner and with the binding effect that governing law may be chosen in accordance with subsection (a) of this Code section.

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11-5-1 17. Subrogation of issuer, applicant, and nominated person. (a) An issuer that honors a beneficiary's presentation is subrogated to the rights of the beneficiary to the same extent as if the issuer were a secondary obligor of the underlying obligation owed to the beneficiary and ofthe applicant to the same extent as if the issuer were the secondary obligor of the underlying obligation owed to the applicant. (b) An applicant that reimburses an issuer is subrogated to the rights ofthe issuer against any beneficiary, presenter, or nominated person to the same extent as if the applicant were the secondary obligor ofthe obligations owed to the issuer and has the rights of subrogation of the issuer to the rights of the beneficiary stated in subsection (a) of this Code section. (c) A nominated person who pays or gives value against a draft or demand presented under a letter of credit is subrogated to the rights of:
(1) The issuer against the applicant to the same extent as if the nominated person were a secondary obligor of the obligation owed to the issuer by the applicant; (2) The beneficiary to the same extent as if the nominated person were a secondary obligor of the underlying obligation owed to the beneficiary; and (3) The applicant to the same extent as if the nominated person were a secondary obligor of the underlying obligation owed to the applicant. (d) Notwithstanding any agreement or term to the contrary, the rights of subrogation stated in subsections (a) and (b) of this Code section do not arise until the issuer honors the letter of credit or otherwise pays and the rights in subsection (c) of this Code section do not arise until the nominated person pays or otherwise gives value. Until then the issuer, nominated person, and the applicant do not derive under this Code section present or prospective rights forming the basis of a claim, defense, or excuse.
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."

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SECTION 2. Said title is further amended in Code Section 11-2-512, relating to payment by buyer before inspection, by striking paragraph (b) of subsection (1) and inserting in lieu thereof the following:
"(b) Despite tender of the required documents the circumstances would justify injunction against honor under the provisions of this title (Code Section 11-5-109)."
SECTION 3. Said title is further amended in Code Section 11-9-102, relating to definitions and index of definitions, by striking in their entirety paragraphs (5) and (47) of subsection (a), and inserting in lieu thereof the following:
"(5) 'Agricultural lien' means an 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."
"(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 or to be provided."
SECTION 4. Said title is further amended in Code Section 11-9-304, relating to the law governing perfection and priority of security interests in deposit accounts, by striking in its entirety paragraph (1) of subsection (b), and inserting in lieu thereof the following:
"(1) If an agreement between the bank and its customer 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;"
SECTION 5. Said title is further amended in Code Section 11-9-322.1, relating to crops produced with new value, by striking the Code section in its entirety, and inserting in lieu thereof the following:

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" 11 -9-322.1 . Crops produced with new value. A perfected security interest in growing 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 or agricultural lien to the extent that such earlier interest or lien 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 ofthe earlier security interest or agricultural lien."
SECTION 6. Said title is further amended in Code Section 11-9-501, relating to filing offices, by striking in its entirety subparagraph (a)(l)(A), and inserting in lieu thereof the following:
"(A) The collateral is as-extracted collateral, growing crops, or timber to be cut; or".
SECTION 7. Said title is further amended in Code Section 11-9-502, relating to contents of financing statements, by striking in its entirety subsection (b), and inserting in lieu thereof the following:
"(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, growing 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 real property; and (4) If the debtor does not have an interest of record in the real property, provide the name of a record owner."
SECTION 8. This Act shall become effective July 1, 2002, and shall apply to a letter of credit that is issued on or after July 1, 2002. This Act does not apply to a transaction, event, obligation, or duty arising out of or associated with a letter of credit that was issued before July 1, 2002.
SECTION 9. Article 2 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, the "Motor Vehicle Sales Finance Act," is amended by striking in its entirety Code Section 10-1-36, relating to the disposition of a motor vehicle repossessed after

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default and the right to recover a deficiency, and inserting in lieu thereof the following:
"10-1-36.
(a) When any motor vehicle has been repossessed after default in accordance with Part 6 of Article 9 of Title 11, the seller or holder shall not be entitled to recover a deficiency against the buyer unless within ten days after the repossession he or she forwards by registered or certified mail or statutory overnight delivery to the address of the buyer shown on the contract or later designated by the buyer a notice of the seller's or holder's intention to pursue a deficiency claim against the buyer. The notice shall also advise the buyer of his or her rights of redemption, as well as his or her right to demand a public sale of the repossessed motor vehicle. In the event the buyer exercises his or her right to demand a public sale of the goods, he or she shall in writing so advise the seller or holder of his or her election by registered or certified mail or statutory overnight delivery addressed to the seller or holder at the address from which the seller's or holder's notice emanated within ten days after the posting of the original seller's or holder's notice. (b) In the event of election of such public sale by the buyer, the seller or holder shall dispose of said repossessed motor vehicle at a public sale as provided by law, to be held in the state and county where the original sale took place, or the state and county where the motor vehicle was repossessed, or the state and county of the buyer's residence, at the seller's election. . (c) This Code section is cumulative of Part 6 of Article 9 of Title 11 and provides cumulative additional rights and remedies which must be fulfilled before any deficiency claim will lie against a buyer, and nothing herein shall be deemed to repeal said part."
SECTION 10. All laws and parts of laws in conflict with this Act are repealed.
Approved May 14, 2002.

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REVENUE AND TAXATION - COUNTY BOARDS OF TAX ASSESSORS; REMOVAL OF MEMBER; HEARING;
"FAILURE TO PERFORM DUTIES" DEFINED.
Code Sections 48-5-295 and 48-5-295.1 Amended.
No. 875 (House Bill No. 1278).
AN ACT
To amend Part 2 of Article 5 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to county boards of tax assessors, so as to provide that no member of the county board of tax assessors whose removal is attempted based on failure to perform the duties or requirements or meet the qualifications imposed by law on such member may be removed without a hearing before a judge of the superior court; to provide for a definition of a term; to provide that removal by the county governing authority shall be a supplemental alternative to removal upon petition; to change provisions relating to performance reviews of boards of tax assessors; to correct a reference; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Part 2 of Article 5 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to county boards of tax assessors, is amended by striking Code Section 48-5-295, relating to removal of members, and Code Section 48-5-295.1, relating to performance review boards, and inserting in their place new Code sections to read as follows:
"48-5-295. (a) Each member of the county board of tax assessors appointed to such office on and after July 1, 1996, shall be appointed by the county governing authority for a term of not less than three nor more than six years and until a successor is duly appointed and qualified. A county governing authority shall, by resolution, within the range provided by this subsection, select the length of terms of office for members ofits county board oftax assessors. Following the adoption ofsuch resolution, all new appointments and reappointments to the county board of tax assessors shall be for the term lengths specified in the resolution; however, such resolution shall not have the effect of shortening or extending the terms of office of current members of the board of assessors whose terms have not yet expired. The county governing authority shall not be authorized to again change the term length until the expiration of the term of office of the first appointment or reappointment following the resolution that last changed such terms of office. If the resolution changing the terms of office of members of the board of tax assessors would result in a voting majority of the board of tax assessors having

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their terms expire in the same calendar year, the county governing authority shall provide in the resolution for staggered initial appointments or reappointments of a duration of not less than three nor more than six years that will prevent such an occurrence. Any member of the county board of tax assessors shall be eligible for reappointment after review of his or her service on the board by the appointing authority. In case of a vacancy on the board at any time, whether caused by death, resignation, removal, or otherwise, the vacancy shall be filled by appointment of the county governing authority. Any person appointed to fill a vacancy shall be appointed only to serve for the remainder of the unexpired term of office and shall possess the same qualifications required under this part for regular appointment to a full term of office. (b) A member of the county board of tax assessors may be removed by the county governing authority only for cause shown for the failure to perform the duties or requirements or meet the qualifications imposed upon such member by law including, but not limited to, the duties, requirements, and qualifications specified pursuant to Code Section 48-5-295.1 and subsection (e) of Code Section 48-5-262. No member of the board who is also employed by the county as a staff appraiser under Code Section 48-5-262 and no member whose removal is attempted based on this subsection may be removed by the county governing authority during such member's term of appointment until the member has been afforded an opportunity for a hearing before the judge ofthe superior court ofthe county for recommendations by the judge of the superior court to the county governing authority regarding such removal. (c) As used in subsection (b) of this Code section, the term 'failure to perform the duties' shall include a finding by the county governing authority that the member of the county board of tax assessors has shown a pattern of decisions in his or her capacity as such member that have provided substantially incorrect assessments or substantially inconsistent tax assessments between similar properties. (d) The provisions of subsection (b) of this Code section shall be a supplemental alternative to proceedings for removal under Code Section 48-5-296; and the existence of one remedy shall not bar the other.
48-5-295.1 (a) The county governing authority may, upon adoption of a resolution, request that a performance review of the county board of tax assessors be conducted. Such resolution shall be transmitted to the commissioner who shall appoint an independent performance review board within 30 days after receiving such resolution. The commissioner shall appoint three competent persons to serve as members of the performance review board, one of whom shall be an employee of the department and two of whom shall be assessors who are not members of the board under review. (b) It shall be the duty of a performance review board to make a thorough and complete investigation of the county board of tax assessors with respect to all actions of the county board of tax assessors and appraisal staff regarding the

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technical competency of appraisal techniques and compliance with state law and regulations. The performance review board shall issue a written report of its findings which shall include such evaluations, judgments, and recommendations as it deems appropriate. The county governing authority shall reimburse the members of the performance review board for reasonable expenses incurred in the performance of their duties, including mileage, meals, lodging, and costs of materials. (c) The findings of the report of the review board under subsection (b) of this Code section or of any audit performed by the Department of Revenue at the request of the Governor may be grounds for removal of one or more members of the county board of tax assessors pursuant to subsection (b) of Code Section 48-5-295. (d) The commissioner shall promulgate such rules and regulations as may be necessary for the administration of this Code section."
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.
Approved May 14, 2002.
COURTS - PROBATE COURT; FIREARMS LICENSE FEES; FEES FOR MENTAL HEALTH RECORDS.
Code Sections 15-9-60, 16-11-129, and 29-8-6 Amended.
No. 876 (House Bill No. 1279).
AN ACT
To amend Code Section 15-9-60 of the Official Code of Georgia Annotated, relating to costs for judges of the probate courts, Code Section 16-11-129 of the Official Code of Georgia Annotated, relating to firearms licenses, and Chapter 8 of Title 29 of the Official Code of Georgia Annotated, relating to custody of certain funds by judges of the probate courts, so as to change certain fees for judges of the probate courts; to clarify provisions relating to remitting funds to other agencies, advance cost, notices of claims and claims by creditors against estates of decedents or persons believed to be dead, and fees charged by other agencies for examination of records with regard to applications for firearms licenses; to conform provisions relating to the fee for issuing a replacement firearms license and the fee for handling a custodial account; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

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SECTION 1. Code Section 15-9-60 of the Official Code of Georgia Annotated, relating to costs for judges of the probate courts, is amended by striking subsections (c), (d), (e), and (k) and inserting in lieu thereof the following:
"(c) The fees provided for in this Code section shall be paid into the county treasury less and except only such sums as are otherwise directed to be paid by law, which sums shall be remitted as provided by law by either the probate court or the county. (d) Subject to the provisions of Code Section 15-9-61, and except for the filing of a proceeding in which the filing party 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 of the 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;

___________GEORGIA LAWS 2002 SESSION__________1013
(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 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, if such notice or claim is filed with and accepted by the court; declination to serve of nominated personal representative; or renunciation of right of succession." "(k) Miscellaneous costs. Except as otherwise provided, thejudge 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

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(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 of the final order, exclusive of recording 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 does 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 and mental health 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 (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 of publication of application 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

____________GEORGIA LAWS 2002 SESSION_________1015
(29) Recording, per page ................................ 2.00 (30) Copies, per page ................................... 0.25"
SECTION 2. Code Section 16-11-129 of the Official Code of Georgia Annotated, relating to firearms licenses, is amended by striking subsections (b) and (e) and inserting in lieu thereof the following:
"(b) Licensing exceptions. No license shall be granted to: (1) Any person under 21 years of age; (2) Any person who is a fugitive from justice or against whom proceedings are pending for any felony, forcible misdemeanor, or violation of Code Section 16-11-126, 16-11-127, or 16-11-128 until such time as the proceedings are adjudicated; (3) Any person who has been convicted of a felony by a court of this state or any other state; by a court of the United States including its territories, possessions, and dominions; or by a court of any foreign nation and has not been pardoned for such felony by the President of the United States, the State Board of Pardons and Paroles, or the person or agency empowered to grant pardons under the constitution or laws of such state or nation or any person who has been convicted of a forcible misdemeanor and has not been free of all restraint or supervision in connection therewith for at least five years or any person who has been convicted of a violation of Code Section 16-11-126, 16-11-127, or 16-11-128 and has not been free of all restraint or supervision in connection therewith for at least three years, immediately preceding the date of the application; (4) Any individual who has been hospitalized as an inpatient in any mental hospital or alcohol or drug treatment center within five years ofthe date ofhis or her application. The probate judge may require any applicant to sign a waiver authorizing any mental hospital or treatment center to inform the judge whether or not the applicant has been an inpatient in any such facility in the last five years and authorizing the superintendent of such facility to make to the judge a recommendation regarding whether a license to carry a pistol or revolver should be issued. When such a waiver is required by the probate judge, the applicant shall pay to the probate judge a fee of $3.00 for reimbursement of the cost of making such a report by the mental health hospital, alcohol or drug treatment center, or the Department of Human Resources, which the probate judge shall remit to the hospital, center, or department. The judge shall keep any such hospitalization or treatment information confidential. It shall be at the discretion of the probate judge, considering the circumstances surrounding the hospitalization and the recommendation ofthe superintendent ofthe hospital or treatment center where the individual was a patient, to issue the license; or (5)(A) Any person, the provisions of paragraph (3) of this subsection notwithstanding, who has been convicted of an offense arising out of the

1016______GENERAL ACTS AND RESOLUTIONS, VOL. I________
unlawful manufacture, distribution, possession, or use of a controlled substance or other dangerous drug. (B) As used in this paragraph, the term:
(i) 'Controlled substance' means any drug, substance, or immediate precursor included in the definition of controlled substances in paragraph (4) of Code Section 16-13-21. (ii) 'Convicted' means a plea of guilty, a finding of guilt by a court of competent jurisdiction, the acceptance of a plea of nolo contendere, or the affording of first offender treatment by a court of competent jurisdiction irrespective of the pendency or availability of an appeal or an application for collateral relief. (iii) 'Dangerous drug' means any drug defined as such in Code Section 16-13-71."
"(e) Revocation, loss, or damage to license. If, at any time during the period for which the license was issued, the judge of the probate court of the county in which the license was issued shall learn or have brought to his or her attention in any manner any reasonable ground to believe the licensee is not eligible to retain the license, the judge may, after notice and hearing, revoke the license of the person upon adjudication of falsification of application, mental incompetency, chronic alcohol or narcotic usage, conviction of any felony or forcible misdemeanor, or for violation of Code Section 16-11-126, 16-11-127, or 16-11-128. It shall be unlawful for any person to possess a license which has been revoked, and any person found in possession of any such revoked license, except in the performance of his or her official duties, shall be guilty of a misdemeanor. It shall be required that any license holder under this Code section have in his or her possession his or her valid license whenever he or she is carrying a pistol or revolver under the authority granted by this Code section, and his or her failure to do so shall be prima-facie evidence of a violation of Code Section 16-11-128. Loss of any license issued in accordance with this Code section or damage to the license in any manner which shall render it illegible shall be reported to the judge of the probate court of the county in which it was issued within 48 hours of the time the loss or damage becomes known to the license holder. The judge of the probate court shall thereupon issue a replacement for and shall take custody of and destroy a damaged license; and in any case in which a license has been lost, he or she shall issue a cancellation order and notify by telephone and in writing each of the law enforcement agencies whose records were checked before issuance of the original license. The judge shall charge the fee specified in subsection (k) of Code Section 15-9-60 for such services."
SECTION 3. Chapter 8 of Title 29 of the Official Code of Georgia Annotated, relating to custody of certain funds by judges of the probate courts, is amended by striking Code Section 29-8-6, relating to compensation for services relating to custody of such funds, and inserting in lieu thereof the following:

____________GEORGIA LAWS 2002 SESSION__________1017
"29-8-6. The judges of the probate courts shall receive, as compensation for their services under Code Section 29-8-1, the fee specified in subsection (j) of Code Section 15-9-60."
SECTION 4. All laws and parts of laws in conflict with this Act are repealed.
Approved May 14, 2002.
REVENUE AND TAXATION - AD VALOREM TAXES; COMMERCIAL DOCKSIDE FACILITIES; REFERENDUM.
Code Section 48-5-7 Amended.
No. 877 (House Bill No. 1288).
AN ACT
To amend Article 1 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to general provisions regarding ad valorem taxation ofproperty, so as to provide for the separate classification of certain commercial dockside facilities for purposes of ad valorem taxation; to provide for a definition; to provide for assessment and taxation of such property; to provide for a contingent effective date; to provide for automatic repeal under certain circumstances; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Article 1 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to general provisions regarding ad valorem taxation ofproperty, is amended by adding a new subsection immediately following subsection (c.3) ofCode Section 48-5-7, relating to assessment of tangible property, to be designated subsection (c.4), to read as follows:
"(c.4)(l) As used in this subsection, the term 'commercial dockside facilities' means a commercial dockside facility consisting of real and personal property whose primary use is the landing and processing of seafood. (2) Tangible real and personal property which qualifies as commercial dockside facilities shall be assessed for ad valorem tax purposes at 20 percent of its fair market value and shall be taxed on a levy made by each respective tax jurisdiction according to 20 percent of its fair market value."

1018_____GENERAL ACTS AND RESOLUTIONS, VOL. I________
SECTION 2. This Act shall become effective on January 1, 2003; provided, however, that this Act shall only become effective on January 1, 2003, upon the ratification of a resolution at the November, 2002, state-wide general election, which resolution amends the Constitution so as to authorize special methods of ad valorem taxation of commercial dockside facilities. If such resolution is not so ratified, this Act shall not become effective and shall stand repealed in its entirety on January 1, 2003.
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.
Approved May 14, 2002.
COURTS - COUNCIL OF STATE COURT JUDGES OF GEORGIA; OFFICERS.
Code Section 15-7-26 Amended.
No. 878 (House Bill No. 1291).
AN ACT
To amend Code Section 15-7-26 of the Official Code of Georgia Annotated, relating to the Council of State Court Judges of Georgia, so as to amend provisions relating to the officers of the Council of State Court Judges of Georgia; 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 15-7-26 of the Official Code of Georgia Annotated, relating to the Council of State Court Judges of Georgia, is amended by striking subsection (a) and inserting in lieu thereof the following:
"(a) There is created a state court judges' council to be known as The Council of State Court Judges of Georgia.' The council shall be composed of the judges, senior judges, and judges emeriti of the state courts of this state. The council is authorized to organize itself and to develop a constitution and bylaws."
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.
Approved May 14, 2002.

____________GEORGIA LAWS 2002 SESSION___________1019
MOTOR VEHICLES AND TRAFFIC - SPECIAL LICENSE PLATES SUPPORTING THE NATIONAL RIFLE ASSOCIATION AUTHORIZED.
Code Section 40-2-86.7 Enacted.
No. 879 (House Bill No. 1295).
AN ACT
To amend Article 3 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to prestige license plates and special plates for certain persons and vehicles, so as to provide for a special license plate supporting the National Rifle Association; to provide for issuance, renewal, fees, licensing agreements, applications, and transfers relative to such special license plates, to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Article 3 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to prestige license plates and special plates for certain persons and vehicles, is amended by adding a new Code Section 40-2-86.7 to read as follows:
"40-2-86.7. (a) There shall be issued beginning in 2003 special license plates supporting the National Rifle Association. (b) License plates issued under this Code section shall include a unique identifying number, whereby the total number of characters does not exceed six, provided that no two recipients receive identical plates. The license plates shall display the phrase The Right to Keep and Bear Arms' followed by the italicized phrase 'Shall Not Be Infringed' and the insignia ofthe National Rifle Association shall be depicted to the left ofthe identifying number ofeach plate. Such license plates must be of the same size as general issue motor vehicle license plates. Such design shall not provide space in which to indicate the name of the county of issuance. (c) Subject to subsection (d) ofthis Code section, any motor vehicle owner who is a resident of Georgia, upon complying with the motor vehicle laws relating to registration and licensing of motor vehicles and payment of a fee of $25.00 in addition to the regular motor vehicle registration fee, shall be issued such a special license plate upon application therefor. Special license plates issued under 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.

1020_____GENERAL ACTS AND RESOLUTIONS, VOL. I________
(d)(l) Notwithstanding the foregoing provisions of this Code section, this Code section shall not be implemented until such time as the State of Georgia has, through a licensing agreement or otherwise and at no cost to the state, received such licenses or other permissions as may be required for the use of the National Rifle Association logo or as may otherwise be necessary or appropriate to implement this Code section. No royalty, license fee, or other moneys shall be paid to any organization or its licensor for the use by the state of such logo or design on license plates authorized by this Code section. The commissioner may charge fees, take other actions, and agree to or impose terms and conditions which might normally be envisioned in licensing and cross-licensing agreements for the use of designs and similar intellectual property. Without limitation, the commissioner may agree to allow to others the exclusive or nonexclusive use of the design of the special license plate. The design of the special license plate, excepting only the National Rifle Association logo and slogan and any other part of the design owned by others and licensed to the state, shall be owned solely by the State of Georgia for its exclusive use and control, except as authorized by the commissioner. The commissioner may take such steps as may be necessary to give notice of and protect such right, including the copyright. 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, except as authorized by the commissioner. (2) The commissioner shall retain all applications received for such special license plates until a minimum of 1,000 applications has been received. After the receipt of 1,000 applications for such special license plates, the commissioner will then design the special license plate. If the commissioner does not receive the required minimum of 1,000 applications for special license plates under this Code section no later than July 31 of the year preceding the year of issuance of such plates, no such special plates shall be issued and all fees shall be refunded no later than 30 days thereafter to applicants. All license plates issued pursuant to this Code section shall be issued in compliance with the state motor vehicle laws relating to registration and licensing of motor vehicles. (e) License plates issued pursuant to this Code section shall be transferred between vehicles as provided in Code Section 40-2-80."
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.
Approved May 14, 2002.

____________GEORGIA LAWS 2002 SESSION_________1021
COMMERCE AND TRADE - MARINE MANUFACTURERS; TERMINATION OF CONTRACTUAL RELATIONSHIP BETWEEN DEALER AND MANUFACTURER.
Code Sections 10-1-677 and 10-1-678 Amended.
No. 880 (House Bill No. 1303).
AN ACT
To amend Article 22A of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to marine manufacturers, so as to change certain provisions relating to termination ofcontractual relationship between dealer and manufacturer; to change certain provisions relating to application of said article; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Article 22A of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to marine manufacturers, is amended by striking Code Section 10-1-677, relating to termination ofcontractual relationship between dealer and manufacturer, and inserting in lieu thereof the following:
"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 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. (3) If the franchise, selling, or other contractual agreement is terminated as a result of any action by the dealer and the manufacturer is not in breach of such agreement, the manufacturer shall not be required to repurchase the inventory as provided in this article. Provided, however, ifthe franchise, selling, or other contractual agreement is terminated as a result of any action by the dealer and

1022_____GENERAL ACTS AND RESOLUTIONS, VOL. I________
the manufacturer is in breach of such agreement, the manufacturer shall be required to repurchase the inventory as provided in this article. (4) It shall be unlawful for the manufacturer, wholesaler, distributor, or franchisor, without due cause and pursuant to its own initiating action, to fail to renew a franchise, selling, or other contractual agreement on terms then equally available to all its marine dealers, unless the manufacturer repurchases the inventory as provided for in this Code section. The tests for determining what constitutes due cause for a manufacturer or distributor to fail to renew a franchise, selling, or other contractual agreement shall include whether the dealer:
(A) Has made a material misrepresentation in applying for or acting under the franchise agreement; (B) Has filed a voluntary petition in bankruptcy or has had an involuntary petition in bankruptcy filed against the dealer which has not been discharged within 30 days after the filing, is in default under the provisions of a security agreement in effect with the receivership; (C) Has engaged in an unfair business practice; (D) Has engaged in conduct which is injurious or detrimental to the public welfare; (E) Has failed to comply with an applicable licensing law; (F) Has been convicted of a crime, the effect of which would be detrimental to the manufacturer, distributor, or dealership; (G) Has failed to operate in the normal course of business for seven consecutive business days; or (H) Has failed to comply with the terms of the dealership or franchise agreement. (5) In the event that the manufacturer, wholesaler, distributor, or franchisor does not intend to renew a franchise, selling, or other contractual agreement, such manufacturer, wholesaler, distributor, or franchisor shall give the dealer 90 days written notice prior to the effective date thereof by certified mail or statutory overnight delivery, return receipt requested; (b) 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 of the 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 cost actually paid by the dealer less discounts or rebates per unit for any new, unused, undamaged, unaltered from original invoice and delivery, and complete marine vessel. The manufacturer shall also pay an amount equal to 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 and are not more than two model years old.

____________GEORGIA LAWS 2002 SESSION__________1023
(c) Upon payment within a reasonable time of the repurchase amount to the dealer, the title, if any, and right ofpossession 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; (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; (9) Any inventory which was acquired by the dealer from any source other than the manufacturer, distributor, or wholesaler; or (10) Boats that have been altered substantially from original delivery. (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 until the end of the contract term or one year from the date of the death of the retailer or majority stockholder, whichever comes first, to exercise their option under this article; provided, however, that nothing in this article shall require the repurchase of inventory if the heirs or

1024_____GENERAL ACTS AND RESOLUTIONS, VOL. I________
devisees and the manufacturer, distributor, or wholesaler enter into a new franchise agreement to operate the retail dealership."
SECTION 2. Said article is further amended by striking Code Section 10-1-678, relating to application of said article, and inserting in lieu thereof the following:
"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 1,2002. Any contract in force and effect prior to July 1,2002, 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, 2002."
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.
Approved May 14, 2002.
MOTOR VEHICLES AND TRAFFIC - MINIMUM MOTOR VEHICLE LIABILITY INSURANCE; REVOCATION OR CANCELLATION OF VEHICLE REGISTRATION FOR
FAILURE TO OBTAIN AND MAINTAIN MINIMUM COVERAGE; OPERATING MOTOR VEHICLE WHEN
REGISTRATION IS SUSPENDED, CANCELED, OR REVOKED; PENALTIES.
Code Sections 40-2-1, 40-2-26, 40-5-54, and 40-5-71 Amended. Code Sections 40-2-137 and 40-6-15 Enacted.
No. 881 (House Bill No. 1314).
AN ACT
To amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, so as to provide definitions; to provide for the suspension, cancellation, and revocation of motor vehicle registration under certain circumstances; to provide that no motor vehicle registration may be issued or renewed while such vehicle's registration is under suspension, cancellation, or revocation and unless the owner provides sufficient proof of minimum insurance coverage on such vehicle; to provide that the fai lure to register or renew registration of a vehicle due to lack of proof of insurance shall not excuse or defer the timely payment of ad valorem taxes; to provide for the suspension of the driver's license of a person who operates a vehicle with suspended, canceled, or revoked

____________GEORGIA LAWS 2002 SESSION__________1025
registration; to provide that insurers shall provide certain information to the department concerning insurance coverage and termination; to provide that the Commissioner of Insurance shall provide certain information to the department concerning the approval and termination of self-insurance; to provide for the payment of certain fees under certain circumstances; to authorize the commissioner to promulgate rules and regulations; to provide for the confidentiality of the minimum liability insurance coverage records maintained by the department and for exceptions thereto; to provide that it shall be illegal to operate a motor vehicle while the registration of such vehicle is suspended, canceled, or revoked; to provide for punishments; to extend suspension or revocation periods under certain circumstances; to authorize municipal courts to impose such punishments; 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 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, is amended by striking Code Section 40-2-1, relating to definitions, in its entirety and inserting in lieu thereof a new Code Section 40-2-1 to read as follows:
"40-2-1.
As used in this chapter, the term: (1) 'Cancellation of vehicle registration' means the annulment or termination by formal action of the department of a person's vehicle registration because of an error or defect in the registration or because the person is no longer entitled to such registration. The cancellation of registration is without prejudice and application for a new registration may be made at any time after such cancellation. (2) 'Commissioner' means the commissioner of motor vehicle safety. (3) 'Department' means the Department of Motor Vehicle Safety. (4) 'Resident' means a person who has a permanent home or abode in Georgia to which, whenever he or she is absent, he or she has the intention ofreturning. For the purposes of this chapter, there is a rebuttable presumption that any person who, except for infrequent, brief absences, has been present in the state for 30 or more days is a resident. (5) 'Revocation ofvehicle registration' means the termination by formal action of the department of a vehicle registration, which registration shall not be subject to renewal or restoration, except that an application for a new registration may be presented and acted upon by the department after the expiration of the applicable period of time prescribed by law. (6) 'Suspension of vehicle registration' means the temporary withdrawal by formal action of the department of a vehicle registration, which temporary withdrawal shall be for a period specifically designated by the department."

1026______GENERAL ACTS AND RESOLUTIONS, VOL. I________
SECTION 2. Said title is further amended by adding a new subsection (d) to Code Section 40-2-26, relating to form and contents of application for registration, to read as follows:
"(d) On and after February 1, 2003, no vehicle registration or renewal thereof shall be issued to any motor vehicle if the vehicle registration thereof has been revoked, suspended, or canceled and unless the owner of the motor vehicle provides satisfactory proof that the motor vehicle is subject to a policy of insurance that provides the minimum motor vehicle insurance coverage required by Chapter 34 of Title 33; provided, however, that the owner's inability to register or renew the registration of any motor vehicle due to lack of proof of insurance shall not excuse or defer the timely payment of ad valorem taxes due and payable upon said vehicle. The owner shall submit such proof in accordance with the requirements of Code Section 40-6-10."
SECTION 3. Said title is further amended by adding a new Code Section 40-2-137 to read as follows:
"40-2-137.
(a) As used in this Code section, the term: (1) 'Commercial vehicle policy' means a policy of motor vehicle liability insurance insuring a motor vehicle that is rated or insured as a business use or commercial use vehicle or is licensed by the state as a commercial vehicle, except that such term shall not include any policy issued to a named insured who is a natural person. (2) 'Minimum motor vehicle insurance coverage' means minimum coverage as specified in Chapter 34 of Title 33. (3) 'Proof of minimum insurance coverage' means the receipt from an insurer by the department of notice of such insurance coverage by electronic transmission or other means approved by the department. (4) Terminate' or 'termination' means actual cessation of insurance coverage after the date upon which coverage will not be restored for any reason, including without limitation cancellation, nonrenewal, and nonpayment of premium and without regard to whether such cessation was preceded by any extension or grace period allowed by the insurer. (b)(l) After receipt of notification of coverage termination, if the department does not, on or before the effective date of such termination, receive notice from an insurer that new minimum motor vehicle insurance coverage for such motor vehicle has been issued, the department shall send a notice to the owner of the motor vehicle stating that the department has been informed of the fact of the coverage termination and informing the owner of the penalties provided by law. The department shall send such notice to the address of the owner of the motor vehicle shown on the records of the department. The mailing of such notice by the department to the address of the owner of the motor vehicle as shown on the records of the department shall be deemed conclusively to be

__________GEORGIA LAWS 2002 SESSION__________1027
notice to such owner of such owner's duty to maintain the required minimum insurance coverage1 and the possible penalties and consequences for failing to do so and shall be deemed to satisfy all notice requirements of law and no further notice to the owner shall be required for the suspensions and revocations provided for in this Code section. (2) It shall be the duty of the owner of such motor vehicle to obtain minimum motor vehicle insurance coverage and it shall be the duty of the owner's insurer to provide proof of such coverage to the department within 30 days of the date of such notice, pursuant to the requirements of subparagraph (b)(l)(A) of Code Section 40-5-71. (c)( 1) When proofofminimum motor vehicle insurance coverage is provided within the time period specified in this Code section, but there has been a lapse of coverage, the owner shall remit a $25.00 lapse fee to the department. Failure to remit the lapse fee to the department within 30 days of the date on which the notification was mailed by the department will result in the suspension of the owner's motor vehicle registration by operation of law as if the proof had not been provided in a timely manner as provided in paragraph (2) of this subsection. (2) If proof is not provided within the time period specified in this Code section that minimum motor vehicle insurance coverage is in effect, the owner's motor vehicle registration shall be suspended immediately by operation of law by the department. When such proof is provided and the owner pays a lapse fee of $25.00 and pays a restoration fee of $60.00, or $50.00 when processed by mail, the suspension shall terminate; provided, however, that the commissioner may waive the lapse fee and restoration fee for any owner whose vehicle registration has been suspended pursuant to this paragraph who provides proofofcontinuous minimum motor vehicle insurance coverage. (3) In the event of a second suspension of the owner's registration under this Code section after February 1, 2003, during any five-year period, the department by operation oflaw shall suspend the motor vehicle registration for a period of 90 days. After the 90 day suspension period and when proof is provided that minimum motor vehicle insurance coverage is in effect and the owner pays a lapse fee of $25.00 and pays a restoration fee of $60.00, or $50.00 when processed by mail, the suspension shall terminate. (4) In the event ofa third or subsequent suspension ofthe owner's registration under this Code section after February 1,2003, during any five-year period, the department by operation of law shall revoke the motor vehicle registration and no new application for registration shall be accepted for a period of six months after such revocation. After six months from the date of revocation and when proof is provided that minimum motor vehicle insurance coverage is in effect and the owner pays a lapse fee of $25.00 and pays a restoration fee of $ 160.00, or $150.00 when processed by mail, the owner may apply for registration of the motor vehicle.

1028_____GENERAL ACTS AND RESOLUTIONS, VOL. I_________
(d) The commissioner may promulgate such rules and regulations as are necessary to implement this Code section."
SECTION 4. Said title is further amended by striking subsection (a) of Code Section 40-5-54, relating to mandatory suspension of license, and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) The department shall forthwith suspend, as provided in Code Section 40-5-63, the license of any driver upon receiving a record of such driver's conviction of the following offenses, whether charged as a violation of state law or of a local ordinance adopted pursuant to Article 14 of Chapter 6 of this title:
(1) Homicide by vehicle, as defined by Code Section 40-6-393; (2) Any felony in the commission of which a motor vehicle is used; (3) Hit and run or leaving the scene of an accident in violation of Code Section 40-6-270; (4) Racing on highways and streets; (5) Using a motor vehicle in fleeing or attempting to elude an officer; (6) Fraudulent or fictitious use of or application for a license as provided in Code Section 40-5-120 or 40-5-125; or (7) Operating a motor vehicle with a revoked, canceled, or suspended registration in violation of Code Section 40-6-15."
SECTION 5. Said title is further amended by striking Code Section 40-5-71, relating to notice of insurance issuance, renewal, or termination, in its entirety and inserting in lieu thereof a new Code Section 40-5-71 to read as follows:
"40-5-71.
(a) As used in this Code section, the term: (1) 'Commercial vehicle policy' means a policy of motor vehicle liability insurance insuring a motor vehicle that is rated or insured as a business use or commercial use vehicle or is licensed by the state as a commercial vehicle, except that such term shall not include any policy issued to a named insured who is a natural person. (2) Terminate' or 'termination' means actual cessation of insurance coverage for any reason, including without limitation cancellation, nonrenewal, or nonpayment of premium, and without regard to whether such cessation was preceded by any extension or grace period allowed by the insurer. (b)(l)(A) For purposes of aiding in the enforcement of the requirement of minimum motor vehicle liability insurance, any insurer issuing or renewing in this state any policy of motor vehicle liability insurance required by Chapter 34 of Title 33 shall within 30 days after the date the insurance agent binds the coverage or on the date such coverage was renewed, whichever is applicable, provide notice of such insurance coverage by electronic transmission to the department; except that once coverage data has been electronically transmitted to the department, there shall be no requirement

__________GEORGIA LAWS 2002 SESSION________1029
to report on subsequent renewals of that coverage. Insurance coverage information included in such notice of issue or renewal shall be limited exclusively to vehicle identification number; the make and year of the insured motor vehicle; and policy effective date. The department shall not require the name of the insurer or the policy limits to be disclosed for purposes of this subparagraph. For the purposes of this Code section, the vehicle identification number shall be the vehicle identification number as that number is shown in the records of the department. For the purposes of this Code section, the Commissioner of Insurance shall furnish such notices to the department upon issuance of a certificate of self-insurance. (B) In cases in which the minimum motor vehicle insurance coverage required by Chapter 34 of Title 33 terminates, the insurer shall by electronic transmission notify the department of such coverage termination on or before the date coverage ends or, if termination is at the request of the insured, then on the date such request is processed by the insurer. Insurance coverage termination information included in such notice shall include vehicle identification number and the date of coverage termination. For the purposes of this Code section, the Commissioner of Insurance shall furnish such notices to the department upon termination of a certificate of self-insurance. (C) The commissioner shall notify the Commissioner ofInsurance quarterly of any and all violations of the notice requirements of this paragraph by any insurer, and the Commissioner of Insurance may take appropriate action against such insurer the same as is authorized by Code Section 33-2-24 for violations ofTitle 33; provided, however, that there shall be no private cause ofaction against an insurer or the department for civil damages for providing information, failing to provide information, or erroneously providing information pursuant to this Code section. No insurer shall utilize the costs of any audit or examination conducted by the Insurance Department pursuant to this paragraph as a cost of business in the insurer's rate base. (2) The department shall prescribe the form and manner of electronic transmission for the purposes of insurers sending the notices required by this Code section which shall in no way be construed as modifying the provisions of Code Section 33-24-45. (3) Notwithstanding the provisions of paragraph (1) of this subsection, any irregularities in the notice to the department required by paragraph (1) of this subsection shall not invalidate an otherwise valid cancellation. (4) The provisions ofthis subsection shall not apply to any commercial vehicle policy as defined in this Code section. (5) The minimum liability insurance records which the department is required to maintain under this Code section or any other provision are exempt from the provisions of any law of this state requiring that such records be open for public inspection; provided, however, that the records of any particular motor vehicle may be available for inspection by any law enforcement officer for official law enforcement investigations and the owner of the vehicle.

1030_____GENERAL ACTS AND RESOLUTIONS, VOL. I________
(c) The commissioner may promulgate such rules and regulations as are necessary to implement this Code section.
(d)(l) The department shall monitor the reporting of the issuance of new and renewal policies and termination of coverage by insurers. (2) A match is based upon the vehicle identification number as recorded on the department's motor vehicle records. When the vehicle identification number does not match with the department's motor vehicle records, the department shall notify the insurer and the insurer shall, within 30 days from receipt of the returned error, correct the vehicle identification number and resubmit the transaction. After receipt of the department's notice, if the insurer determines that the vehicle identification number which it submitted to the department is in fact the accurate number on the insured vehicle, then the insurer shall so notify the department and the owner ofthe vehicle, whereupon the owner shall, in accordance with department procedures, obtain a correction of such number at the appropriate county tag office."
SECTION 6. Said title is further amended by adding a new Code Section 40-6-15 to read as follows:
"40-6-15.
(a) Any person who knowingly drives a motor vehicle on any public road or highway of this state at a time when the vehicle registration of such vehicle is suspended, canceled, or revoked shall be guilty of a misdemeanor. (b) Upon a first conviction thereof or a plea of nolo contendere, such person shall be punished by imprisonment for not more than 12 months and there may be imposed in addition thereto a fine of not less than $500.00 nor more than $1,000.00, at the discretion of the court. (c) For a second or subsequent conviction within five years as measured from the dates ofprevious arrests for which convictions were obtained or pleas ofnolo contendere were accepted to the date of the current arrest for which a conviction is obtained or a plea of nolo contendere accepted, such person shall be guilty of a high and aggravated misdemeanor and shall be punished by imprisonment for not less than ten days nor more than 12 months and there may be imposed in addition thereto a fine of not less than $1,000.00 nor more than $2,500.00. (d) The department, upon receiving a record of the conviction of any person under this Code section upon a charge of driving a vehicle while the registration of such vehicle was suspended or revoked, shall extend the period of suspension or revocation for six months. The department may reinstate the suspended or revoked vehicle registration following the expiration of the original suspension or revocation period, the additional six month suspension imposed pursuant to this subsection, and upon payment of a restoration fee of $210.00, or $200.00 when such reinstatement is processed by mail. (e) For all purposes under this Code section, a plea of nolo contendere shall be considered as a conviction.

____________GEORGIA LAWS 2002 SESSION__________1031
(f) Notwithstanding the limits set forth in Article 14 of this chapter and in any municipal charter, any municipal court of any municipality in this state shall be authorized to impose the punishment provided for in this Code section upon a conviction of violating this Code section or upon conviction of violating any ordinance adopting the provisions of this Code section."
SECTION 7. This Act shall become effective November 1,2002; provided, however, that the Act shall be effective upon its approval by the Governor or upon its becoming law without such approval for the purposes of the authority of the commissioner to adopt rules and regulations and to employ staff and expend moneys within the limits of funds appropriated or otherwise made available for such purpose.
SECTION 8. All laws and parts of laws in conflict with this Act are repealed.
Approved May 14, 2002.
REVENUE AND TAXATION - AD VALOREM TAXES; TERMINATION OF BONA FIDE AGRICULTURAL OR CONSERVATION USE RENEWAL COVENANT WITHOUT PENALTY; HOMEOWNER TAX RELIEF GRANTS FOR MUNICIPAL AND INDEPENDENT SCHOOL DISTRICT TAXES.
Code Sections 36-89-1, 36-89-2, 36-89-3, 36-89-4, 36-89-5, 48-5-7.1 and 48-5-7.4 Amended.
No. 882 (House Bill No. 1321).
AN ACT
To amend Article 1 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to general provisions regarding ad valorem taxation ofproperty, so as to provide for an additional case where a bona fide agricultural purposes or bona fide conservation use renewal covenant may be terminated without certain penalties applying; to provide for additional rules applicable to the qualification of certain conservation use property for current use assessment; to amend Chapter 89 of Title 36 of the Official Code of Georgia Annotated, relating to homeowner tax relief grants, so as to provide for such grants with respect to municipal ad valorem taxes for municipal purposes and independent school district ad valorem taxes for educational purposes; to change certain provisions regarding definitions; to change certain provisions regarding purposes of certain appropriations; to change certain

1032______GENERAL ACTS AND RESOLUTIONS, VOL. I_______
provisions regarding appropriations for tax relief grants in the General Appropriations Act; to change certain provisions regarding procedures and conditions for grant allotment; to change certain provisions regarding administration and excess funds; to provide an effective date; to provide for applicability; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Article 1 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to general provisions regarding ad valorem taxation ofproperty, is amended by adding a new subsection immediately following subsection (r) of Code Section 48-5-7.1, relating to preferential assessment of bona fide agricultural purposes property, to be designated subsection (r.l) to read as follows:
"(r.l) In any case in which a covenant is breached solely as a result of an owner electing to discontinue the property in its qualifying use, provided such owner has renewed without an intervening lapse at least once the covenant under this Code section, has reached the age of 65 or older, and has kept the property in a qualifying use under the renewal covenant for at least three years the penalty specified by subsection (g) of this Code section shall not apply and the penalty imposed shall be the amount by which preferential assessment has reduced taxes otherwise due for the year in which the covenant is breached. Such penalty shall bear interest at the rate specified in Code Section 48-2-40 from the date of the breach. Such election shall be in writing and shall not become effective until filed with the county board of tax assessors."
SECTION 2. Said article is further amended by striking paragraph (1) of subsection (b) of Code Section 48-5-7.4, relating to bona fide conservation use property, and inserting in its place a new paragraph (1) to read as follows:
"(1) When one-half or more of the area of a single tract of real property is used for a qualifying purpose, then such tract shall be considered as used for such qualifying purpose unless some other type of business is being operated on the unused portion; provided, however, that such unused portion must be minimally managed so that it does not contribute significantly to erosion or other environmental or conservation problems. The lease of hunting rights or the use of the property for hunting purposes shall not constitute another type of business;".
SECTION 3. Said article is further amended by striking subsection (q) of Code Section 48-5-7.4, relating to bona fide conservation use property, and inserting in its place a new subsection (q) to read as follows:
"(q) In the following cases, the penalty specified by subsection (1) of this Code section shall not apply and the penalty imposed shall be the amount by which

____________GEORGIA LAWS 2002 SESSION__________1033
current use assessment has reduced taxes otherwise due for the year in which the covenant is breached, such penalty to bear interest at the rate specified in Code Section 48-2-40 from the date of the breach:
(1) Any case in which a covenant is breached solely as a result of the foreclosure of a deed to secure debt or the property is conveyed to the lienholder without compensation and in lieu of foreclosure, if:
(A) The deed to secure debt was executed as a part of a bona fide commercial loan transaction in which the grantor of the deed to secure debt received consideration equal in value to the principal amount of the debt secured by the deed to secure debt; (B) The loan was made by a person or financial institution who or which is regularly engaged in the business of making loans; and (C) The deed to secure debt was intended by the parties as security for the loan and was not intended for the purpose of carrying out a transfer which would otherwise be subject to the penalty specified by subsection (1) of this Code section; (2) Any case in which a covenant is breached solely as a result of a medically demonstrable illness or disability which renders the owner of the real property physically unable to continue the property in the qualifying use, provided that the board of tax assessors shall require satisfactory evidence which clearly demonstrates that the breach is the result of a medically demonstrable illness or disability; or (3) Any case in which a covenant is breached solely as a result of an owner electing to discontinue the property in its qualifying use, provided such owner has renewed without an intervening lapse at least once the covenant for bona fide conservation use, has reached the age of 65 or older, and has kept the property in a qualifying use under the renewal covenant for at least three years. Such election shall be in writing and shall not become effective until filed with the county board of tax assessors."
SECTION 4. Chapter 89 of Title 36 of the Official Code of Georgia Annotated, relating to homeowner tax reliefgrants, is amended by striking Code Section 36-89-1, relating to definitions, and inserting in its place a new Code Section 36-89-1 to read as follows:
"36-89-1.
As used in this chapter, the term: (1) 'Applicable rollback' means a: (A) Rollback of an ad valorem tax millage rate pursuant to subsection (a) of Code Section 48-8-91 in a county or municipality that levies a local option sales tax; (B) Rollback of an ad valorem tax millage rate pursuant to subparagraph (c)(2)(C) of Code Section 48-8-104 in a county or municipality that levies a homestead option sales tax;

1034_____GENERAL ACTS AND RESOLUTIONS, VOL. I_________
(C) Subtraction from an ad valorem millage rate pursuant to Code Section 20-2-334 in a local school system that receives a state school tax credit; (D) Reduction of an ad valorem tax millage rate pursuant to the development of a service delivery strategy under Code Section 36-70-24; and (E) Reduction of an ad valorem tax millage rate pursuant to paragraph (2) of subsection (a) of Code Section 33-8-8.3 in a county that collects insurance premium tax. (2) 'County millage rate' means the net ad valorem tax millage rate, after deducting applicable rollbacks, levied by a county for county purposes and applying to qualified homesteads in the county, including any millage levied for special district purposes but not including any millage levied for purposes of bonded indebtedness and not including any millage levied on behalf of a county school district for educational purposes. (3) 'Eligible assessed value' means a certain stated amount of the assessed value of each qualified homestead in the state. The amount of the eligible assessed value for any given year shall be fixed in that year's General Appropriations Act. (4) 'Fiscal authority' means the individual authorized to collect ad valorem taxes for a county or municipality which levies ad valorem taxes. (5) 'Municipal millage rate' means the net ad valorem tax millage rate, after deducting applicable rollbacks, levied by a municipality for municipal purposes and applying to qualified homesteads in the municipality, including any millage levied for special tax district purposes but not including any millage levied for purposes of bonded indebtedness and not including any millage levied on behalf of an independent school district for educational purposes. (6) 'Qualified homestead' means a homestead qualified for any exemption, state, county, or school, authorized under Code Section 48-5-44. (7) 'School millage rate' means the net ad valorem tax millage rate, after deducting applicable rollbacks, levied on behalf of a county or independent school district for educational purposes and applying to qualified homesteads in the county or independent school district, not including any millage levied for purposes of bonded indebtedness and not including any millage levied for county or municipal purposes. (8) 'State millage rate' means the state millage levy."
SECTION 5. Said chapter is further amended by striking Code Section 36-89-2, relating to purposes of certain appropriations, and inserting in its place a new Code Section 36-89-2 to read as follows:
"36-89-2.
In any year the General Assembly may appropriate funds for homeowner tax relief grants to counties, municipalities, and county or independent school districts, in order to provide for more effective regulation and management of the

____________GEORGIA LAWS 2002 SESSION__________1035
finance and fiscal administration of the state and pursuant to and in furtherance of the provisions of Article III, Section IX, Paragraph II(c) of the Constitution; Article VII, Section III, Paragraph III of the Constitution; Article VIII, Section I, Paragraph I of the Constitution; and other provisions of the Constitution."
SECTION 6. Said chapter is further amended by striking Code Section 36-89-3, relating to appropriations for tax reliefgrants in the General Appropriations Act, and inserting in its place a new Code Section 36-89-3 to read as follows:
"36-89-3.
In any year the General Assembly may appropriate to the Department ofRevenue funds to provide homeowner tax relief grants to counties, municipalities, and county or independent school districts. When funds are so appropriated, the General Appropriations Act shall specify the amount appropriated and the eligible assessed value of each qualified homestead in the state for the specified tax year. If for any reason the amount appropriated in the General Appropriations Act is insufficient to fund the eligible assessed value stated in the General Appropriations Act, the amount appropriated may be adjusted in amendments to the General Appropriations Act."
SECTION 7. Said chapter is further amended by striking Code Section 36-89-4, relating to procedures and conditions for grant allotment, and inserting in its place a new Code Section 36-89-4 to read as follows:
"36-89-4.
(a)(l) When funds are appropriated as provided in Code Section 36-89-3, such grants shall be allotted to each county, municipality, and county or independent school district in the state as follows:
(A) Immediately following the actual preparation ofad valorem property tax bills, each county fiscal authority shall notify the Department of Revenue of the total amount of tax revenue which would be generated by applying the sum of the state and county millage rates to the eligible assessed value of each qualified homestead in the county. The total amount of actual tax credits, so calculated, given to all qualified homesteads in the county shall be the amount of the grant to that county; (B) Immediately following the actual preparation ofad valorem property tax bills, each county or independent school district's fiscal authority shall notify the Department of Revenue of the total amount of tax revenue which would be generated by applying the school millage rate to the eligible assessed value of each qualified homestead in the county or independent school district. The total amount of actual tax credits, so calculated, given to all qualified homesteads in the county or independent school district shall be the amount of the grant to that county or independent school district; and (C) Immediately following the actual preparation ofad valorem property tax bills, each municipality's fiscal authority shall notify the Department of

1036______GENERAL ACTS AND RESOLUTIONS, VOL. I________
Revenue of the total amount of tax revenue which would be generated by applying the municipal millage rate to the eligible assessed value of each qualified homestead in the municipality. The total amount of actual tax credits, so calculated, given to all qualified homesteads in the municipality shall be the amount of the grant to that municipality. (2) Credit amounts computed under paragraph (1) of this subsection shall be applied to reduce the otherwise applicable tax liability on a dollar-for-dollar basis, but the credit granted shall not in any case exceed the amount of the otherwise applicable tax liability after the granting of all applicable homestead exemptions except for any homestead exemption under Article 2 A of Chapter 8 of Title 48, the 'Homestead Option Sales and Use Tax Act,' as amended, and after the granting of all applicable millage rollbacks. (b) The grant of funds to each county shall be conditioned on the county's fiscal authority reducing each qualified homestead's otherwise applicable liability for county taxes for county purposes by a credit amount calculated in subparagraph (a)(l)(A) of this Code section. (c) The grant of funds to each county or independent school district shall be conditioned on the county or independent school district's fiscal authority reducing each qualified homestead's otherwise applicable liability for school taxes by a credit amount calculated in subparagraph (a)(l)(B) of this Code section. (d) The grant of funds to each municipality shall be conditioned on the municipality's fiscal authority reducing each qualified homestead's otherwise applicable liability for municipal taxes by a credit amount calculated in subparagraph (a)(l)(C) of this Code section. (e) Each fiscal authority shall show the credit amount on the tax bill, together with a prominent notice in substantially the following form: This reduction in your bill is the result of homeowner's tax relief enacted by the Governor and the General Assembly of the State of Georgia.'"
SECTION 8. Said chapter is further amended by striking Code Section 36-89-5, relating to administration and excess funds, and inserting in its place a new Code Section 36-89-5 to read as follows:
"36-89-5.
(a) The state revenue commissioner shall administer this chapter and shall adopt rules and regulations for the administration of this chapter, including specific instructions to local governments. The state revenue commissioner may adopt procedures for partial or installment distribution of grants when the commissioner determines that a full distribution will only result in the necessity of return of funds under subsection (b) of this Code section. (b) If any excess funds remain from the funds granted to any county, municipality, or county or independent school district under this chapter, after the county, municipality, or county or independent school district complies with the credit requirements of Code Section 38-89-4, such excess funds shall be returned

____________GEORGIA LAWS 2002 SESSION__________1037
by the county, municipality, or county or independent school district to the Department of Revenue."
SECTION 9. 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, 2002.
SECTION 10. All laws and parts of laws in conflict with this Act are repealed.
Approved May 14, 2002.
INSURANCE - PROPERTY INSURANCE; EXCEPTION FOR CERTAIN RETAILERS.
Code Section 33-7-6 Amended.
No. 883 (House Bill No. 1324).
AN ACT
To amend Code Section 33-7-6 ofthe Official Code ofGeorgia Annotated, relating to property insurance, so as to provide an exception for retailers that sell consumer products and wholly owned subsidiaries ofsuch retailers that assume the risk ofand expense or portion thereof for the cost of repair or replacement of such consumer products under certain circumstances; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Code Section 33-7-6 ofthe Official Code ofGeorgia Annotated, relating to property insurance, is amended by striking subparagraph (D) of paragraph (3) of subsection (b) and inserting in lieu thereof a new subparagraph (D) to read as follows:
"(D) A contract, agreement, or instrument whereby a retailer in the business of selling consumer products or a wholly owned subsidiary of such retailer assumes the risk of and the expense or portion thereof for the cost of repair or replacement of consumer products where such contract, agreement, or instrument is guaranteed by a surety bond executed by a corporate surety insurer authorized to offer surety insurance in this state in favor of and approved by the Commissioner in an amount of not less than $100,000.00."

1038_____GENERAL ACTS AND RESOLUTIONS, VOL. I________
SECTION 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.
Approved May 14, 2002.
LOCAL GOVERNMENT - SALARY OF COUNTY COMMISSIONER IN COUNTIES OF NOT LESS THAN 56,400 AND NOT MORE THAN 60,000 ACCORDING TO 1980 CENSUS; REPEALED.
Code Sections 36-5-23 and 36-5-25 Amended.
No. 884 (House Bill No. 1333).
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 repeal Code Section 36-5-23, relating to salary of county commissioner in counties having a population of not less than 56,400 or more than 60,000; to correct a certain reference; 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 36-5-23, relating to salary of county commissioner in counties having a population of not less than 56,400 or more than 60,000, in its entirety and inserting in lieu thereof the following:
"36-5-23. Reserved."
SECTION 2. Said article is further amended by striking subsection (a) of Code Section 36-5-25, relating to salary of county commissioner in county administered by single commissioner, in its entirety and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) In every county ofthis state in which the county government is administered by a single county commissioner, such county commissioner shall be entitled to

___________GEORGIA LAWS 2002 SESSION__________1039
receive a minimum annual salary equal in amount to the minimum annual salary provided for the sheriff of any such county pursuant to the provisions of subsection (a) of Code Section 15-16-20; provided, however, that a local law may provide for a greater annual salary than such minimum salary or may provide an expense allowance in addition to such minimum salary or in addition to such greater salary; provided, further, that any such county commissioner may by resolution elect to receive a salary of lesser amount which is provided by a local law."
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.
Approved May 14, 2002.
CRIMES AND OFFENSES - FORFEITURE OF CONTRABAND PROPERTY; EXEMPTIONS; TRANSFER OF REAL PROPERTY
TO LAND BANK AUTHORIZED; REPEAL OF SECTION 1 OF HOUSE BILL 783.
Code Section 16-13-49 Amended.
No. 885 (House Bill No. 1338).
AN ACT
To amend Code Section 16-13-49 of the Official Code of Georgia Annotated, relating to forfeiture of certain contraband property, so as to change certain provisions relating to exemptions; to change certain provisions relating to forfeiture of certain contraband property relative to controlled substances; to provide for specific repeal of certain related provisions; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1A. Code Section 16-13-49 of the Official Code of Georgia Annotated, relating to forfeiture of certain contraband property, is amended by striking subsection (e) and inserting in lieu thereof the following:
"(e)(l) A property interest shall not be subject to forfeiture under this Code section if the owner of such interest or interest holder establishes that the owner or interest holder:

1040_____GENERAL ACTS AND RESOLUTIONS, VOL. I_________
(A) Is not legally accountable for the conduct giving rise to its forfeiture, did not consent to it, and did not know and could not reasonably have known of the conduct or that it was likely to occur; (B) Had not acquired and did not stand to acquire substantial proceeds from the conduct giving rise to its forfeiture other than as an interest holder in an arm's length commercial transaction; (C) With respect to conveyances for transportation only, did not hold the property jointly, in common, or in community with a person whose conduct gave rise to its forfeiture; (D) Does not hold the property for the benefit of or as nominee for any person whose conduct gave rise to its forfeiture, and, if the owner or interest holder acquired the interest through any such person, the owner or interest holder acquired it as a bona fide purchaser for value without knowingly taking part in an illegal transaction; and (E) Acquired the interest:
(i) Before the completion of the conduct giving rise to its forfeiture, and the person whose conduct gave rise to its forfeiture did not have the authority to convey the interest to a bona fide purchaser for value at the time of the conduct; or (ii) After the completion of the conduct giving rise to its forfeiture:
(I) As a bona fide purchaser for value without knowingly taking part in an illegal transaction; (II) Before the filing of a lien on it and before the effective date of a notice of pending forfeiture relating to it and without notice of its seizure for forfeiture under this article; and (III) At the time the interest was acquired, was reasonably without cause to believe that the property was subject to forfeiture or likely to become subject to forfeiture under this article. (2) A property interest shall not be subject to forfeiture under this Code section for a violation involving only one gram or less of a mixture containing cocaine or four ounces or less of marijuana unless said property was used to facilitate a transaction in or a purchase of or sale of a controlled substance or marijuana."
SECTION IB. Said Code section is further amended by striking division (u)(4)(D)(ii) and inserting in lieu thereof the following:
"(ii) The local governing authority shall expend any remaining proceeds for any law enforcement purpose; for the representation of indigents in criminal cases; for drug treatment, rehabilitation, prevention, or education or any other program which responds to problems created by drug or substance abuse; for use as matching funds for grant programs related to drug treatment or prevention; to fund victim-witness assistance programs; or for any combination of the foregoing. If real property is distributed to

____________GEORGIA LAWS 2002 SESSION__________1041
a local government, the local government may transfer the real property to a land bank authority as provided in Article 4 of Chapter 4 of Title 48."
SECTION 1C. Section 1 of House Bill 783 as enacted at the 2002 regular session of the General Assembly, which section amended paragraph (2) and enacted paragraph (2.1) of subsection (u) ofCode Section 16-13-49 ofthe Official Code ofGeorgia Annotated, relating to forfeiture of certain contraband property relative to controlled substances, is hereby repealed.
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.
Approved May 14, 2002.
EDUCATION - POSTSECONDARY AND VOCATIONAL, TECHNICAL, AND ADULT EDUCATION; DUTIES OF BOARD OF REGENTS AND DEPARTMENT OF TECHNICAL AND ADULT EDUCATION REGARDING TEXTBOOKS AND INSTRUCTIONAL MATERIALS IN ALTERNATIVE FORMATS FOR STUDENTS WITH DISABILITIES.
Code Sections 20-3-85 and 20-4-36 Enacted.
No. 886 (House Bill No. 1342).
AN ACT
To amend Chapters 3 and 4 of Title 20 ofthe Official Code of Georgia Annotated, relating respectively to postsecondary education and vocational, technical, and adult education, so as to provide for duties of the Board of Regents of the University System of Georgia and the Department of Technical and Adult Education relating to obtaining and producing postsecondary textbooks and instructional materials in alternative formats for students with disabilities; to provide for legislative findings; to provide for a study of practical problems; to provide for cooperation and work toward establishment of a system or clearing-house for sharing postsecondary texts in alternative formats while protecting publishers' property rights; to provide for reports; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

1042______GENERAL ACTS AND RESOLUTIONS, VOL. I________
SECTION 1. The General Assembly finds that colleges and universities in this state have made diligent efforts to accommodate the needs of students with disabilities requiring alternative formats for textbooks and other printed instructional materials used in postsecondary courses of study, but that colleges and universities are confronted with many practical problems in obtaining or producing these texts in alternative formats. Practical problems in obtaining these texts in alternative formats include the wide variety of texts used in postsecondary courses of study, a lack of bargaining power with publishers of postsecondary textbooks in comparison with publishers of textbooks for elementary and secondary education, and hesitation among postsecondary institutions to share alternative formats because of concern about copyright law. Practical problems in producing such materials in alternative formats include the labor intensive and technical nature of the work, the frequent need for expertise in the subject matter of the texts, and the expense and time required for production. The General Assembly further finds that students with disabilities, colleges, universities, and publishers would benefit from cooperative development of a system for sharing those texts produced in alternative formats while adequately protecting the intellectual property rights of publishers.
SECTION 2. Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to postsecondary education, is amended by inserting a new Code section to be designated Code Section 20-3-85 to read as follows:
"20-3-85.
The board of regents shall direct a study of the practical problems involved in obtaining and producing textbooks and other instructional materials in alternative formats for students with disabilities. In cooperation with the Department of Technical and Adult Education, students with disabilities, organizations and advocates for persons with disabilities, publishers, federal and state agencies concerned with opportunities for persons with disabilities, colleges and universities that are not under the direction of the board, university and college presses, counterparts in other states, and other interested persons, the board shall work toward the establishment of a system or clearing-house for sharing postsecondary texts in alternative formats while protecting the intellectual property rights of publishers. The board shall report annually to the Governor and the General Assembly regarding progress toward this goal."
SECTION 3. Chapter 4 of Title 20 of the Official Code of Georgia Annotated, relating to vocational, technical, and adult education, is amended by inserting a new Code section to be designated Code Section 20-4-36 to read as follows:
"20-4-36. The Department of Technical and Adult Education shall cooperate with the Board of Regents of the University System of Georgia in the study of practical problems involved in obtaining and producing textbooks and other instructional

____________GEORGIA LAWS 2002 SESSION________1043
materials in alternative formats for students with disabilities. In cooperation with the Board of Regents, students with disabilities, organizations and advocates for persons with disabilities, publishers, federal and state agencies concerned with opportunities for persons with disabilities, technical colleges that are unaffiliated with the Department of Adult and Technical Education, university and college presses, counterparts in other states, and other interested persons, the Department of Technical and Adult Education shall work toward the establishment of a system or clearing-house for sharing postsecondary texts in alternative formats while protecting the intellectual property rights of publishers. The Department of Technical and Adult Education shall report annually to the Governor and General Assembly regarding progress toward this goal."
SECTION 4. All laws and parts of laws in conflict with this Act are repealed.
Approved May 14, 2002.
PROFESSIONS AND BUSINESSES - PHYSICIAN'S ASSISTANTS; SUPERVISION.
Code Sections 43-34-102 and 43-34-103 Amended.
No. 887 (House Bill No. 1352).
AN ACT
To amend Chapter 34 of Title 43 of the Official Code of Georgia Annotated, relating to physicians, physician's assistants, acupuncture, and respiratory care, so as to provide for the supervision ofphysician' s assistants by a physician; to provide definitions; to require notice to the Composite State Board of Medical Examiners of the names of physicians who serve as alternate supervising physicians for each physician' s assistant; 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 34 of Title 43 of the Official Code of Georgia Annotated, relating to physicians, physician' s assistants, acupuncture, and respiratory care, is amended by striking Code Section 43-34-102, relating to definitions, and inserting in its place the following:
"43-34-102. As used in this article, the term:

1044______GENERAL ACTS AND RESOLUTIONS, VOL. I_______
(1) 'Alternate supervising physician' means a physician to whom a primary supervising physician has delegated the responsibility of supervising a physician' s assistant who is licensed to that primary supervising physician and who agrees to supervise the physician's assistant for the primary supervising physician and who is on record with the board. (2) 'Board' means the Composite State Board of Medical Examiners as created by Code Section 43-34-21. (3) 'Carry out a prescription drug or device order' means to complete, on a form established and approved by the board, a written prescription drug order or a prescription device order pursuant to the authority delegated by a supervising physician. (4) 'Evaluation agency' means a public or private hospital, school, laboratory, clinic, federal or state institution or agency, or similar facility which has been approved by the board as possessing personnel and equipment and as having had practice in a health care field sufficient to be able to make an objective appraisal, in a manner prescribed by the board, of the proposed physician's assistant's qualifications to perform the tasks described in the job description. (5) 'Physician' means a person lawfully licensed in this state to practice medicine and surgery pursuant to Article 2 of this chapter. (6) 'Physician's assistant' means a skilled person qualified by academic and practical training to provide patients' services not necessarily within the physical presence but under the personal direction or supervision of the applying physician. (7) 'Primary supervising physician' means the physician to whom the board licenses a physician's assistant pursuant to a board approved job description and who has the primary responsibility for supervising the practice of that physician's assistant."
SECTION 2. Said chapter is further amended by striking subsection (b) of Code Section 43-34-103, relating to application for assistant, number of assistants, new job descriptions, scope of duties, employment by nonpracticing physicians, and delegated authority, and inserting in its place the following:
"(b)(l) No primary supervising physician shall have more than four physician' s assistants licensed to him or her at a 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) A physician may supervise as many as four physician's assistants at any one time while practicing in a group practice in which other physician members of such group practice are primary supervising physicians. (B) A physician may supervise as many as four physician's assistants at any one time while acting as an alternate supervising physician:
(i) In an institutional setting such as a hospital or clinic; (ii) On call for a primary supervising physician or a group practice; or

____________GEORGIA LAWS 2002 SESSION__________1045
(iii) If otherwise approved by the board to act as an alternate supervising physician. (3) A primary supervising physician shall designate in writing to the board such other physicians who may serve as an alternate supervising physician for each physician s assistant licensed to such primary supervising physician. The board shall have authority to approve or deny such designations in whole or in part. Provided, however, a physician may be listed as an alternate supervising physician for any number of physician's assistants so long as he or she only supervises as many physician's assistant at any one time as allowed by paragraph (2) of this subsection."
SECTION 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 4. All laws and parts of laws in conflict with this Act are repealed.
Approved May 14, 2002.
MOTOR VEHICLES AND TRAFFIC - DRIVER'S LICENSES; ELECTRONIC OR MAIL RENEWAL; FEES; EXAMINATIONS.
Code Sections 40-5-20, 40-5-25, and 40-5-32 Amended.
No. 888 (House Bill No. 1368).
AN ACT
To amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, so as to change certain provisions relating to applications and fees for drivers' licenses; to change certain provisions relating to license requirement, surrender ofprior licenses, and prohibition oflocal licenses; to change certain provisions relating to expiration and renewal of licenses and reexamination requirement; 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 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, is amended by striking subsection (c) of Code Section 40-5-20, relating to

1046_____GENERAL ACTS AND RESOLUTIONS, VOL. I______
license requirement, surrender of prior licenses, and prohibition of local licenses, and inserting in lieu thereof the following:
"(c) No person shall receive a driver's license unless and until such person surrenders to the department all valid licenses in such person's possession issued to him or her by this or any other jurisdiction, except as otherwise provided by Code Section 40-5-32. All surrendered licenses issued by another jurisdiction shall be destroyed. The license information shall be forwarded to the previous jurisdiction. No person shall be permitted to have more than one valid driver's license at any time."
SECTION 2. Said title is further amended by striking Code Section 40-5-32, relating to expiration and renewal of licenses and reexamination requirement, and inserting in lieu thereof the following:
"40-5-32.
(a)(l) Every driver's license shall expire on the licensee's birthday in the fourth year following the issuance of such license. Every such license shall be renewed on or before its expiration upon application, payment of the required fee, and, if applicable, satisfactory completion of the examination required or authorized by subsection (c) of this Code section. (2) Except as otherwise provided by subsection (c) of this Code section, every holder of a veteran's or honorary license shall meet the requirements of subsection (c) of this Code section on or before his or her birthday every four years, beginning from the date on which the holder was last required to take an examination under former Ga. L. 1972, p. 1076, as amended by Ga. L. 1973, pp. 916, 917. The department may allow a veteran or honorary license holder to retain his or her expired veteran's or honorary license as a souvenir. (3) The commissioner shall issue such rules and regulations as are required to enforce this subsection, (b) An application for driver's license renewal may be submitted by means of: (1) Personal appearance before the department; or (2) Subject to rules or regulations of the department which shall be consistent with considerations of public safety and efficiency of service to licensees, means other than such personal appearance which may include without limitation by mail or electronically. The department may by such rules or regulations exempt persons renewing drivers' licenses under this paragraph from the license surrender requirement of subsection (c) of Code Section 40-5-20.
(c)(l) The department shall require every person applying for renewal of a driver's license to take and pass successfully such test of his or her eyesight as the department shall prescribe, unless otherwise provided by rule or regulation for purposes of paragraph (2) of subsection (b) of this Code section. (2) At the time of the renewal, the department shall issue a pamphlet containing information pertaining to new traffic laws and to traffic laws most frequently violated.

__________GEORGIA LAWS 2002 SESSION_________1047
(3) The commissioner may issue such rules and regulations as are necessary to implement this subsection."
SECTION 3. Said title is further amended in Code Section 40-5-25, relating to applications and fees for drivers' licenses, by striking paragraph (2) of subsection (d) and inserting in lieu thereof the following:
"(2) Notwithstanding the provisions of paragraph (2) or (3) of subsection (a) of this Code section, each applicant for the issuance, reissuance, or renewal of a Class C, M, A, or B driver's license under paragraph (2) or (3) of subsection (a) of this Code section shall accompany such application with a license fee as established by the commissioner, not to exceed $8.00, if such applicant executes an anatomical gift pursuant to Code Section 40-5-6."
SECTION 4. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 5. All laws and parts of laws in conflict with this Act are repealed.
Approved May 14, 2002.
INSURANCE - LIMITED LICENSES FOR RETAIL VENDORS OF COMMUNICATIONS EQUIPMENT SELLING INSURANCE COVERAGE FOR LOSS, THEFT, MECHANICAL FAILURE, MALFUNCTION, OR DAMAGE TO SUCH EQUIPMENT.
Code Section 33-23-12 Amended.
No. 889 (House Bill No. 1369).
AN ACT
To amend Code Section 33-23-12 of the Official Code of Georgia Annotated, relating to limited licenses, so as to provide a limited license for retail vendors of communications equipment and their employees who sell insurance coverages for the loss, theft, mechanical failure, or malfunction of or damage to communications equipment; 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:

1048______GENERAL ACTS AND RESOLUTIONS, VOL. I_______
SECTION 1. Code Section 33-23-12 of the Official Code of Georgia Annotated, relating to limited licenses, is amended by striking subsection (a) and inserting in lieu thereof a new subsection (a) and adding a new subsection (d) to read as follows:
"(a) Except as provided in subsection (b) of this Code section for credit insurance licenses, subsection (c) of this Code section for rental companies, and subsection (d) of this Code section for communications equipment, the Commissioner may provide by rule or regulation for licenses which are limited in scope to specific lines or sublines of insurance."
"(d)( 1) As used in this subsection, the term 'communications equipment' shall mean handsets, pagers, personal digital assistants, portable computers, automatic answering devices, cellular telephones, batteries, and other devices or their accessories used to originate or receive communications signals or service for individual customer use only and includes services related to the use of such devices including, but not limited to, individual customer access to a wireless network. (2) The Commissioner shall issue limited licenses to each business location of a retail vendor of communications equipment which covers employees and authorized representatives of such retail vendors for the sale and offer for sale of insurance policies covering only the loss, theft, mechanical failure, or malfunction of or damage to communications equipment. (3) The sale of such insurance policies shall be limited to sales in connection with the sale of or provision of service for communications equipment by the retail vendor. (4) As a prerequisite for issuance of a limited license under this subsection, there shall be filed with the Commissioner a written application for such limited license, signed by the applicant or an officer of the applicant, on such form or forms, and supplements thereto, and containing such information as the Commissioner may prescribe. (5) Each retail vendor licensed pursuant to this subsection shall provide a training program in which employees and authorized representatives of the retail vendor are trained by a licensed instructor and receive basic insurance instruction about the kind of coverage authorized in this subsection and offered for purchase by prospective purchasers of communications equipment or service. (6) No prelicensing examination shall be required for issuance of such license."
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.
Approved May 14, 2002.

____________GEORGIA LAWS 2002 SESSION__________1049
STATE GOVERNMENT - GEORGIA ENVIRONMENTAL TRAINING AND EDUCATION AUTHORITY; COMPOSITION OF BOARD OF DIRECTORS.
Code Section 50-35-3 Amended.
No. 890 (House Bill No. 1377).
AN ACT
To amend Code Section 50-35-3 of the Official Code of Georgia Annotated, relating to the board of directors of the Georgia Environmental Training and Education Authority, compensation, and reimbursement, so as to change the membership of such authority; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Code Section 50-35-3 of the Official Code of Georgia Annotated, relating to the board ofdirectors ofthe Georgia Environmental Training and Education Authority, compensation, and reimbursement, is amended by striking in its entirety subsection (a) and inserting in lieu thereof the following:
"(a) The authority shall be under the direction and supervision of a board of directors to be composed of nine members as follows:
(1) Two members appointed by the Governor; (2) 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; (3) 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 ofwhom, at the time ofhis or her appointment, shall be a municipal employee responsible for the provision of water and waste-water services; (4) The executive director and the deputy director of the Georgia Soil and Water Conservation Commission; and (5) The executive director ofthe Georgia Environmental Facilities Authority."
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.
Approved May 14, 2002.

1050______GENERAL ACTS AND RESOLUTIONS, VOL. I_______
HIGHWAYS, BRIDGES, AND FERRIES - MAINTENANCE, CONSTRUCTION, AND ELIMINATION OF RAILWAY GRADE CROSSINGS.
Code Sections 32-6-190, 32-6-191, 32-6-193, 32-6-202, 32-6-203, and 46-8-128 Amended.
Code Section 32-6-193.1 Enacted.
No. 891 (House Bill No. 1382).
AN ACT
To amend Part 2 of Article 6 of Chapter 6 of Title 32 of the Official Code of Georgia Annotated, relating to railroads, so as to change certain provisions relating to the duty to maintain grade crossings; to change certain provisions relating to authority of the Department of Transportation, counties, and municipalities to eliminate grade crossings; to change certain provisions relating to responsibility for construction of new grade crossings and relocation of existing grade crossings; to provide procedures relative to certain elimination of grade crossings; to change certain provisions relating to procedure to obtain maintenance of grade separation structures, protective devices, and grade crossings; to change certain provisions relating to judicial review; to amend Article 5 of Chapter 8 of Title 46 of the Official Code of Georgia Annotated, relating to construction, improvement, and repair of rail lines, depots, and roads, so as to repeal certain provisions relating to obstructions located at crossings, disrepair ofcrossings, and removal ofobstructions or repair of crossings by counties upon the failure of a company to remove obstructions or repair crossings; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Part 2 of Article 6 of Chapter 6 of Title 32 of the Official Code of Georgia Annotated, relating to railroads, is amended by striking Code Section 32-6-190, relating to the duty to maintain grade crossings, and inserting in lieu thereof the following:
"32-6-190. Any railroad whose track or tracks cross a public road at grade shall have a duty to maintain such grade crossings in such condition as to permit the safe and reasonable passage of public traffic. Such duty of maintenance shall include that portion of the public road lying between the track or tracks and for two feet beyond the ends of the crossties on each side and extending four feet beyond the traveled way or flush with the edge of a paved shoulder, whichever is greater, of such crossing."

____________GEORGIA LAWS 2002 SESSION__________1051
SECTION 2. Said pan is further amended by striking Code Section 32-6-193, relating to authority of the Department of Transportation, counties, and municipalities to eliminate grade crossings, and inserting in lieu thereof the following:
"32-6-193.
When it is reasonably necessary in the interest of public safety, the department, in respect to the state highway system, a county, in respect to its county road system, or a municipality, in respect to its municipal street system, may authorize and direct the elimination of a grade crossing by construction of an underpass or overpass or by physical removal of the grade crossing and barricading or removing the approaches thereto without construction of an underpass or overpass, provided that any grade crossing elimination shall be in accordance with this part and that no grade crossing on a county road system or municipal street system shall be eliminated by construction of an underpass or overpass upon order of the county or municipality until and unless the department shall approve the plans and specifications of the proposed construction. No grade crossing on a public road shall be permanently closed except by elimination in accordance with this part."
SECTION 3. Said part is further amended by striking subsection (a) of Code Section 32-6-191, relating to responsibility for construction of new grade crossings and relocation of existing grade crossings, and inserting in lieu thereof the following:
"(a) Where a new grade crossing results from the construction of a new or relocated railroad line, the railroad shall be responsible for and bear all expenses of the construction of such grade crossing. The department, when such a grade crossing is on the state highway system, a county, when such a grade crossing is on its county road system, or a municipality, when such a grade crossing is on its municipal street system, may impose such terms and conditions on the nature and manner of construction of such a grade crossing, including the installation of protective devices, as may be necessary for the safe and reasonable passage of public traffic."
SECTION 4. Said part is further amended by inserting a new Code section to read as follows:
"32-6-193.1.
(a) The department shall by rule or regulation prescribe uniform criteria for its own use and that of local governing authorities in assessing whether elimination of a grade crossing on a public road by physical removal of the grade crossing and barricading or removing the approaches thereto without construction of an underpass or overpass is reasonably necessary in the interest of public safety. For purposes of this Code section, 'reasonably necessary in the interest of public safety' means that the enhancement of public safety resulting from such elimination of the grade crossing will outweigh any inconvenience to the reasonable passage of public traffic, specifically including without limitation

1052_____GENERAL ACTS AND RESOLUTIONS, VOL. I______
emergency vehicle traffic, caused by such rerouting oftraffic. Such criteria shall include consideration of each of the following factors:
(1) Number and timetable speeds of passenger trains operated through the crossing; (2) Number and timetable speeds of freight trains operated through the crossing; (3) Distance to alternate crossings; (4) Accident history of the crossing for the immediately preceding five-year period; (5) Type of warning device present at the crossing, if any; (6) The alignments, horizontal and vertical, of the roadway and the railroad and the angle of the intersection of those alignments; (7) The average daily traffic volume in proportion to the population of the municipality if the crossing is located within a municipality or the population of the county if the crossing is located within an unincorporated area of a county; (8) The posted speed limit over the crossing; (9) The effect of closing the crossing upon access by persons utilizing:
(A) Hospital or medical facilities and public health departments, specifically including without limitation utilization by medical personnel; (B) Facilities of federal, state, or local government, specifically including without limitation court, postal, library, sanitation, and park facilities; and (C) Commercial, industrial, and other areas of public commerce; (10) Any use of the crossing by: (A) Trucks carrying hazardous material; (B) Vehicles carrying passengers for hire; (C) School buses; (D) Emergency vehicles; or (E) Public or private utility vehicles, specifically including without limitation water, sewer, natural gas, and electric utility maintenance and repair vehicles; and (11) Any other relevant factors as prescribed by the department. (b)(l) Any railroad may file a written petition requesting an order to eliminate a grade crossing on a public road by physical removal of the grade crossing and barricading or removing the approaches thereto without construction of an underpass or overpass. Any such petition shall be filed by certified mail or statutory overnight delivery, return receipt requested, with the department in respect to the state highway system, a county governing authority in respect to its county road system, or a municipal governing authority in respect to its municipal street system. (2) Any petition by a railroad under this subsection shall include without limitation information as to each of the factors set forth in paragraphs (1) through (5) of subsection (a) of this Code section.

__________GEORGIA LAWS 2002 SESSION__________1053
(3) The department or the local governing authority, whichever is applicable, shall conduct a public hearing on the matter prior to deciding whether to grant or deny such a petition. (c)(l) If the department in respect to the state highway system, a county governing authority in respect to its county road system, or a municipal governing authority in respect to its municipal street system determines that elimination of a grade crossing in accordance with this Code section is reasonably necessary in the interest ofpublic safety, the department or the local governing authority may issue an order to eliminate the crossing. Such order shall be in writing, and a copy shall be served upon the railroad. If a local governing authority issues such an order, it shall make a record of its findings and transmit a copy of the same along with the order to the department. (2) If the department in respect to the state highway system, a county governing authority in respect to its county road system, or a municipal governing authority in respect to its municipal street system determines that elimination of a grade crossing in accordance with this Code section is not reasonably necessary in the interest ofpublic safety, the department or the local governing authority may issue an order denying a petition to eliminate the crossing. Such order shall be in writing, and a copy shall be served upon the railroad. If a local governing authority denies a petition, it shall make a written record of its findings and transmit a copy of the same along with the order and petition to the department.
(3)(A) Any railroad aggrieved by an order of a local governing authority under this subsection may make a written request to the department for review of such order. Such request shall be accompanied by a $500.00 filing fee. The department shall within 60 days after the filing of such request review the matter. (B) Upon review of the order and findings of the local governing authority and any filings by the railroad, if the department determines that elimination of a grade crossing in accordance with this Code section is not reasonably necessary in the interest of public safety, the department shall order that the crossing shall remain open. (C) Upon review of the order and findings of the local governing authority and any filings by the railroad, if the department determines that elimination of a grade crossing in accordance with this Code section is reasonably necessary in the interest of public safety, the department shall issue an order to eliminate the crossing. (D) Any such order of the department shall be in writing, and a copy of the order shall be served upon the railroad and the local governing authority. As part of such order, the department shall assess all its costs of investigating and reviewing the matter against the railroad if an order for the crossing to remain open is issued or against the county or municipality if an order to eliminate the crossing is issued, and the party so assessed shall be liable therefor to the department; provided, however, that any filing fee paid to the department by a railroad shall be applied to any such amount assessed

1054______GENERAL ACTS AND RESOLUTIONS, VOL. I_______
against the railroad, and the balance of such filing fee, if any, shall be refunded to the railroad. The department shall keep detailed records of its costs of investigation and review for purposes of this subparagraph, and such records shall be subject to public inspection as provided by Article 4 of Chapter 18 of Title 50. (d) If an order to close a grade crossing is issued, the railroad shall at its expense physically remove the crossing from the tracks and for two feet beyond the ends of the crossties on each side and extending four feet beyond the traveled way or flush with the edge of a paved shoulder, whichever is greater, of such crossing and erect a department approved barricade; and the department in respect to the state highway system, the county in respect to its county road system, or the municipality in respect to its municipal street system may at its expense remove approaches to the crossing. The provisions of Code Section 32-6-195 for division of costs of elimination of a grade crossing by construction of an underpass or overpass shall not apply to elimination of any grade crossing under this Code section."
SECTION 5. Said part is further amended by striking subsection Code Section 32-6-202, relating to procedure to obtain maintenance of grade separation structures, protective devices, and grade crossings, and inserting in lieu thereof the following:
"32-6-202.
(a)(l) Whenever any maintenance of a grade separation structure, protective devices, or a grade crossing is necessary for the safe and reasonable passage of public traffic and such maintenance is the responsibility of a railroad under this part, the department in respect to the state highway system, the governing authority of the county in respect to its county road system, or the governing authority of the municipality in respect to its municipal street system may give written notice to the railroad of the necessity of such maintenance and order the railroad to comply with the maintenance requirements of this part. Such order shall be in writing and, as applicable, shall include the United States Department of Transportation inventory number and railroad milepost number, as well as the highway, street, or roadway name and number as identified on a general highway map prepared by the department. Such order shall be served upon the railroad by certified mail or statutory overnight delivery, return receipt requested.
(2)(A) If any railroad fails to comply with such an order of a county or municipality within 30 days after receipt of such notice and order, the county or municipal governing authority may file with the department a written request for review of the matter. Any such request for review shall be accompanied by a filing fee of $500.00 per grade crossing and shall include a copy of the order of the county or municipality. A copy of such request for review shall be served on the railroad by the county or municipality by certified mail or statutory overnight delivery, return receipt requested. The department shall within 30 days after the filing of such request investigate

__________GEORGIA LAWS 2002 SESSION__________1055
the matter, including undertaking consideration of any statement of position filed by the railroad within ten days after the filing of the request for review, and issue an order either requiring the railroad to take such action as is necessary for purposes of compliance with the maintenance requirements of this part or nullifying the order of the local governing authority. As part of such order, the department shall assess all its costs of investigating and reviewing the matter against the railroad if a compliance order is issued or against the county or municipality if the order of the local governing authority is nullified, and the party so assessed shall be liable therefor to the department; provided, however, that any filing fee paid to the department by a county or municipality shall be applied to any such amount assessed against the county or municipality, and the balance of such filing fee, if any, shall be refunded to the county or municipality. Copies of any such order of the department shall be served upon the railroad and the local governing authority by certified mail or statutory overnight delivery, return receipt requested. The department shall keep detailed records of its costs of investigation and review for purposes ofthis subparagraph, and such records shall be subject to public inspection as provided by Article 4 of Chapter 18 of Title 50. (B) If any railroad fails to comply with any order of the department under paragraph (1) ofthis subsection or subparagraph (A) ofthis paragraph within 30 days after receipt of such order, then after notice and opportunity for a hearing, the railroad shall be subject to a civil penalty in the amount of $500.00 per day from 30 days after the date of receipt of the order of the department until the railroad has complied with the order ofthe department; provided, however, that the department may grant an extension of time for compliance without penalty upon a showing that the railroad's failure to timely comply was due to force majeure. The provisions of this subparagraph are in addition to the provisions of Code Sections 32-1-10 and 32-6-1, if applicable. Any fine under this subparagraph shall be tolled for the period from the filing of a petition for a judicial review under Code Section 32-6-203 until the rendering of a final decision. (3) Each railroad whose track or tracks cross a public road in this state shall identify in writing to the department, by job title and with contact information, the appropriate office responsible for the maintenance of grade separation structures, protective devices, and grade crossings and upon which the notices and orders provided for in this subsection shall be served. Such information shall be kept current by the railroad and shall be made publicly available and accessible by the department. (4) Nothing in this subsection shall be construed so as to prevent the department, a county, or a municipality from performing any emergency maintenance which is necessary for the safe and reasonable passage of public traffic, provided reasonable notice is given to the railroad involved, and from collecting the expenses of such maintenance.

1056_____GENERAL ACTS AND RESOLUTIONS, VOL. I_________
(b) Whenever any maintenance of a grade separation structure, protective devices, or a grade crossing is reasonably necessary for the safe passage of railroad traffic and such maintenance is the responsibility of the department, a county, or a municipality, the railroad concerned may give written notice to the department, county, or municipality of the necessity of such maintenance. If the department, county, or municipality does not proceed with the performance of such maintenance within 30 days after receipt of such notice, the railroad may proceed to enforce performance ofsuch maintenance as provided in Code Section 32-6-175. Nothing in this subsection shall be construed so as to prevent a railroad from performing any emergency maintenance which is necessary for the safe passage of railroad traffic, provided reasonable notice is given to the department, county, or municipality involved, and from collecting the expenses of such maintenance."
SECTION 6. Said part is further amended by striking Code Section 32-6-203, relating to judicial review, and inserting in lieu thereof the following:
"32-6-203. Any judgment, decision, or order of the department upon any question involving the advisability or necessity of eliminating any grade crossing, of installing any protective device, of improving any grade crossing structure, or involving any other question concerning the public roads arising under this part shall be subject to judicial review in such manner as is provided by law for judicial review of contested cases under Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' Pending the final determination of any judicial proceedings so instituted, the department, without prejudice to it or the railroad involved and at its own risk, may proceed with the work involved in such litigation, subject to final judgment of the court as to all questions involved in such litigation."
SECTION 7. Article 5 of Chapter 8 of Title 46 of the Official Code of Georgia Annotated, relating to construction, improvement, and repair of rail lines, depots, and roads, is amended by repealing and reserving Code Section 46-8-128, relating to obstructions located at crossings, disrepair of crossings, and removal of obstructions or repair of crossings by counties upon the failure of a company to remove obstructions or repair crossings.
SECTION 8. All laws and parts of laws in conflict with this Act are repealed.
Approved May 14, 2002.

____________GEORGIA LAWS 2002 SESSION__________1057
REVENUE AND TAXATION - AD VALOREM TAXES; EXEMPTION FOR CERTAIN COMMERCIAL FISHING
VESSELS; REFERENDUM.
Code Section 48-5-41 Amended.
No. 892 (House Bill No. 1391).
AN ACT
To amend Code Section 48-5-41 of the Official Code of Georgia Annotated, relating to property exempted from ad valorem taxation, so as to exempt from taxation certain commercial fishing vessels whose primary use is the catching of seafood; to provide for nonapplicability of certain limitations; to provide for a referendum, applicability, and effective dates; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Code Section 48-5-41 of the Official Code of Georgia Annotated, relating to property exempted from ad valorem taxation, is amended by striking "and" at the end of paragraph (14) of subsection (a) thereof, striking the period and inserting "; and" at the end of paragraph (15) of said subsection, and adding immediately thereafter the following:
"(16) Commercial fishing vessels whose primary use is the catching of seafood. As used in this paragraph, the term 'commercial fishing vessels' means all vessels other than a seaplane used or capable of being used as a means of transportation on water for the purpose of catching seafood which require federal vessel documentation or certification."
SECTION 2. Said Code section is further amended by striking subsections (c) and (d) and inserting in their place new subsections (c) and (d) to read as follows:
"(c) The property exempted by this Code section, excluding property exempted by paragraph (1) or (16) of subsection (a) of this Code section, shall not be used for the purpose of producing private or corporate profit and income distributable to shareholders in corporations owning such property or to other owners of such property, and any income from such property shall be used exclusively for religious, educational, and charitable purposes or for either one or more of such purposes and for the purpose of maintaining and operating such religious, educational, and charitable institutions. (d) This Code section, excluding paragraph (1) or (16) of subsection (a) of this Code section, shall not apply to real estate or buildings which are rented, leased, or otherwise used for the primary purpose of securing an income thereon and

1058_____GENERAL ACTS AND RESOLUTIONS, VOL. I________
shall not apply to real estate or buildings which are not used for the operation of religious, educational, and charitable institutions. Donations of property to be exempted shall not be predicated upon an agreement, contract, or other instrument that the donor or donors shall receive or retain any part of the net or gross income of the property."
SECTION 3. Unless prohibited by the federal Voting Rights Act of 1965, as amended, the Secretary of State shall call and conduct a special election for the approval or disapproval of this Act on the date of the November, 2002, general election. The Secretary of State shall cause the date and purpose of the special election to be published in the official organ of each county in the state once a week for two weeks immediately preceding the date of the referendum. The ballot shall have written thereon the following:
"YES ( ) Shall the Act be approved which grants an exemption from ad valorem taxation on commercial fishing vessels whose primary use
NO ( ) is the catching of seafood?" 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 Sections 1 and 2 of this Act shall become effective on January 1, 2003, and shall apply to all tax years beginning on or after that date; otherwise Sections 1 and 2 of this Act shall be void and this Act shall stand repealed in its entirety on January 1, 2003.
SECTION 4. Except as otherwise provided in Section 3 of this Act, this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 5. All laws and parts of laws in conflict with this Act are repealed.
Approved May 14, 2002.

____________GEORGIA LAWS 2002 SESSION__________1059
STATE GOVERNMENT - ONEGEORGIA AUTHORITY; TRANSFER TO DEPARTMENT OF COMMUNITY AFFAIRS; COMPOSITION AND POWERS.
Code Sections 50-8-3, 50-8-9, 50-34-3, and 50-34-6 Amended. Code Section 50-34-18 Enacted.
No. 893 (House Bill No. 1393).
AN ACT
To amend Title 50 of the Official Code of Georgia Annotated, relating to state government, so as to transfer the OneGeorgia Authority from the Department of Industry, Trade, and Tourism to the Department of Community Affairs; to change certain provisions regarding duties of the Department of Community Affairs; to change certain provisions relating to contracts with public and private individuals and entities; to change certain provisions regarding the creation, membership, powers, and authority of the OneGeorgia Authority; to provide for additional powers; to change certain provisions regarding specific powers of such authority; to provide for the transfer of personnel positions and establish employment status with respect to the Department of Community Affairs; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Title 50 of the Official Code of Georgia Annotated, relating to state government, is amended by striking subsection (b) ofCode Section 50-8-3, relating to the duties of the department, and inserting in lieu thereof a new subsection (b) to read as follows:
"(b) The department shall serve as the principal department in the executive branch of state government for local government affairs. The department shall perform the state's role in local government affairs by carrying out the state's duties, responsibilities, and functions in local government affairs and by exercising its power and authority in local government affairs. Without limiting the generality of the purposes served by the department, the department shall:
(1) Develop, promote, sustain, and assist local governments; (2) Provide a liaison between local governments and other governments, including the state government and the federal government; (3) Act as the state's principal department for local government affairs and local government services generally and for programs, functions, and studies in local government affairs and local government services and act as the coordinator on the state government level for such programs, studies, and functions provided by the department and for those provided by others;

1060______GENERAL ACTS AND RESOLUTIONS, VOL. I________
(4) Act as the state's principal department for developing, promoting, maintaining, and encouraging coordinated and comprehensive planning; (5) Develop, promote, sustain, and assist local governments in the performance of their duties and responsibilities under law to their citizens, including among such duties and responsibilities of local governments coordinated and comprehensive planning; the provision of infrastructure and other public works and improvements; the development, promotion, and retention of trade, commerce, industry, and employment opportunities; the provision of transportation systems; and the promotion of housing supply; (6) Serve as the representative of the Governor to local governments and in local government affairs on a regular basis and on special assignments as authorized by the Governor; (7) Assist the Georgia Housing and Finance Authority for any purpose necessary or incidental in the administration and performance of the Georgia Housing and Finance Authority's duties, powers, responsibilities, and functions as provided in Chapter 26 of this title; (8) Assist the Georgia Music Hall of Fame Authority for any purpose necessary or incidental in the administration and performance of the Georgia Music Hall of Fame Authority's duties, powers, responsibilities, and functions as provided in Part 10 of Article 7 of Chapter 3 of Title 12; and (9) Assist the OneGeorgia Authority for any purpose necessary or incidental in the administration and performance of the OneGeorgia Authority's duties, powers, responsibilities, and functions as provided in Chapter 34 of this title."
SECTION 2. Said title is further amended by adding a new subsection at the end of Code Section 50-8-9, relating to contracts with public and private entities or individuals, to be designated subsection (e), to read as follows:
"(e) The department shall have the power to enter into contracts with the OneGeorgia Authority for any purpose necessary or incidental in assisting the OneGeorgia Authority in carrying out or performing its duties, responsibilities, and functions; provided, however, that all such assistance shall be performed on behalf of and pursuant to the lawful purposes of the OneGeorgia Authority and not on behalf of the department; and provided, further, that such assistance shall not include the authorization of the issuance of any bonds or other indebtedness of the authority. The department may undertake joint or complementary programs with the OneGeorgia Authority, including the provision for joint or complementary services, within the scope of their respective powers."
SECTION 3. Said title is further amended by striking Code Section 50-34-3, relating to the creation, membership, power, and authority of the OneGeorgia Authority, and inserting in lieu thereof the following:

___________GEORGIA LAWS 2002 SESSION__________1061
"50-34-3.
(a) There is created a body corporate and politic to be known as the OneGeorgia Authority which shall be deemed to be an instrumentality of the state, and not a state agency, and a public corporation performing an essential governmental function. (b) The authority shall consist of the Governor, who shall serve as chair of the authority; the Lieutenant Governor, who shall serve as vice chair ofthe authority; the director of the Office of Planning and Budget, who shall serve as secretary of the authority; the commissioner of community affairs; the commissioner of industry, trade, and tourism; and the commissioner of revenue. (c) Except for the authorization of the issuance of bonds, the authority may delegate to the executive director such powers and duties as it may deem proper. (d) The Governor shall appoint an executive director of the authority whose compensation shall be fixed by the authority. (e) No part of the funds of the authority shall inure to the benefit of or be distributed to its members or officers or other private persons, except that the authority shall be authorized and empowered to pay reasonable compensation for services rendered and to reimburse expenses incurred. In addition, the authority shall be authorized and empowered to make loans and grants, allocate credits, provide financial assistance, and otherwise exercise its other powers in furtherance of its corporate purposes. No such loans or grants or financial assistance shall be made to, no credits shall be allocated to, and no property shall be purchased or leased from or sold, leased, or otherwise disposed of to any member or officer of the authority in his or her individual capacity or by virtue ofpartnership or ownership ofa for profit corporation. This subsection does not preclude loans or grants to, financial assistance or allocation of credit to, or purchase or lease from or sale, lease, or disposal of property to any subsidiary corporation of the authority. (h) The Attorney General shall provide legal services for the authority, and, in connection therewith, Code Sections 45-15-13 through 45-15-16 shall be fully applicable."
SECTION 4. Said title is further amended by striking Code Section 50-34-6, relating to the specific powers of the OneGeorgia Authority, and inserting in lieu thereof the following:
"50-34-6.
(a) The authority shall have any and all powers necessary or convenient to its usefulness in carrying out and effectuating the purposes and provisions of this chapter which are not in conflict with the Constitution of this state, including, but without limiting the generality of the foregoing, the following powers:
(1) To sue and be sued in contract and in tort and to complain and defend in all courts; (2) To adopt and alter a corporate seal;

1062_____GENERAL ACTS AND RESOLUTIONS, VOL. I________
(3) To adopt, amend, and repeal bylaws, rules and regulations, and policies and procedures for the regulation of its affairs and the conduct of its business, the election and duties of officers and employees of the authority, and such other matters as the authority may determine; (4) To appoint and select officers, agents, and employees, including professional and administrative staff and personnel, financial advisers, consultants, fiscal agents, trustees, and accountants and to fix their compensation and pay their expenses, including the power to contract with the Department of Community Affairs and any other department, agency, board, commission, or authority of state government for professional, technical, clerical, and administrative support as may be required; (5) To procure or to provide insurance against any loss in connection with its programs, property, and other assets; (6) To borrow money and to issue notes and bonds and other obligations to accomplish its public purposes and to provide for the rights of the lenders or holders thereof; (7) To pledge, mortgage, convey, assign, hypothecate securities, or otherwise encumber any property of the authority, including, but not limited to, real property, fixtures, personal property, intangible property, revenues, income, charges, fees, or other funds and to execute any lease, trust indenture, trust agreement, resolution, agreement for the sale of the authority's bonds, loan agreement, mortgage, deed to secure debt, trust deed, security agreement, assignment, or other agreement or instrument as may be necessary or desirable, in the judgment of the authority, to secure any such bonds, which instruments or agreements may provide for foreclosure or forced sale of any property of the authority upon default in any obligation of the authority, either in payment of principal, premium, if any, or interest or in the performance of any term or condition contained in any such agreement or instrument; the state, on behalf of itself and each political subdivision, public body corporate and politic, or taxing district therein, waives any right it or such political subdivision, public body corporate and politic, or taxing district may have to prevent the forced sale or foreclosure of any property of the authority upon such default and agrees that any agreement or instrument encumbering such property may be foreclosed in accordance with law and the terms thereof; (8) To extend credit, to make loans, to participate in the making of loans, to provide credit enhancement, and to provide or procure insurance; (9) To collect fees and charges in connection with its bonds, loans, commitments, insurance, credit enhancement, and servicing, including, but not limited to, reimbursement of costs of financing; (10) To sell loans, security interests, and other obligations of the authority at public or private sale; to negotiate modifications or alterations in loans, security interests, and other obligations of the authority; to foreclose on any security interest in default or commence any action to protect or enforce any right conferred upon it by any law, security agreement, deed of trust, deed to secure debt, contract, or other agreement; to bid for and purchase property

__________GEORGIA LAWS 2002 SESSION__________1063
which was the subject of such loan, security interest, or other obligation of the authority at any foreclosure or at any other sale; to acquire or take possession of such property; and to exercise any and all rights as provided by law or contract for the benefit or protection of the authority or holders of the authority's notes, bonds, or other obligations; (11) To procure or to make and execute contracts, agreements, and other instruments, including interest rate swap or currency swap agreements, letters of credit, or other credit facilities or agreements, and to take such other actions and do such other things as the authority may deem appropriate to secure the payment of any loan, lease, or purchase payment owed to the authority or any bonds or other obligations issued by the authority, including the power to pay the cost of obtaining any such contracts, agreements, and other instruments; (12) To receive and use the proceeds of any tax levied by the state or a local government or taxing district ofthe state enacted for the purposes ofproviding credit enhancement or for any other purpose for which the authority may use its own funds pursuant to this chapter; (13) To receive and administer gifts, grants, and devises of money and property of any kind; to administer trusts; and to receive such part of the proceeds paid to the State of Georgia pursuant to funds received by the state pursuant to the settlement of the lawsuit filed by the state against certain tobacco companies (State of Georgia, et al. v. Philip Morris, Inc., et al., Civil Action #E-61692, VI9/246 (Fulton County Superior Court, 19 December 9, 1998)), as the General Assembly shall from time to time appropriate for the purposes of the authority, and to sell, convey, or otherwise encumber such moneys appropriated from the proceeds of such settlement by capitalizing or securitizing the same and entering into contracts pertaining thereto in order to enable the authority, in its judgment, to better accomplish the purposes of this chapter; (14) To acquire real and personal property in its own name to promote any of the public purposes of the authority or for the administration and operation of the authority; (15) To provide and administer grant moneys for any of the public purposes of the authority and to comply with all conditions attached thereto; (16) To contract for any period, not exceeding 50 years, with the state, any institution, department, agency, or authority of the state, or any local government within the state for the use by the authority of any facilities or services of any such entity or for the use by any such entity of any facilities or services of the authority, provided that such contracts shall deal with such activities and transactions as the authority and any such entity with which the authority contracts are authorized by law to undertake; (17) To invest any accumulation of its funds, including, but without limiting the generality of the foregoing, funds received from the issuance of bonds and any sinking funds or reserves in any manner as it determines is in its best interests and to purchase its own bonds and notes;

1064______GENERAL ACTS AND RESOLUTIONS, VOL. I________
(18) To hold title to any project financed by it, but it shall not be required to do so; (19) To establish eligibility standards for financing and financial assistance and technical assistance authorized for projects under this chapter; (20) To sell or otherwise dispose of unneeded or obsolete equipment or property of every nature and every kind; (21) To lease as lessor any facility or any project for such rentals and upon such terms and conditions as the authority considers advisable and not in conflict with this chapter; (22) To sell by installment or otherwise to sell by option or contract for sale and to convey all or any part of any item of any project or facility for such price and upon such terms and conditions as the authority considers advisable and which are not in conflict with this chapter; (23) To manage property, intangible, real, and personal, owned by the authority or under its control by lease or by other means; (24) To do any and all things necessary, desirable, convenient, or incidental for the accomplishment of the objectives of this chapter and to exercise any power usually possessed by private corporations performing similar functions which is not in conflict with the public purposes of the authority or the Constitution and laws of this state, including:
(A) The power to retain accounting and other financial services; (B) The power to purchase all kinds of insurance, including, without limitation, insurance against tort liability and against risks of damage to property; (C) The power to indemnify and hold harmless any parties contracting with the authority or its agents from damage to persons or property; and (D) The power to act as self-insurer with respect to any loss or liability and to create insurance reserves; (25) To incorporate one or more nonprofit corporations as subsidiary corporations of the authority for the purpose of carrying out any of the powers of the authority and to accomplish any of the purposes of the authority. Any such subsidiary corporation shall be a nonprofit corporation, a public body, a political subdivision of the state, and an instrumentality of the state and shall exercise essential governmental functions. Any subsidiary corporations created pursuant to this power shall be created pursuant to Chapter 3 of Title 14, the 'Georgia Nonprofit Corporation Code,' and the Secretary of State shall be authorized to accept such filings. The members of the board of directors of any such corporation shall be appointed by the authority and may include persons who are members of the authority; provided, however, that a majority of the members of the board of directors of any such corporation shall be persons who are not members of the authority and who are not officials or employees of the State of Georgia. Upon dissolution of any subsidiary corporation of the authority, any assets shall revert to the authority or to any successor to the authority or, failing such succession, to the State of Georgia. The authority shall not be liable for the debts or obligations or bonds of any

__________GEORGIA LAWS 2002 SESSION__________1065
subsidiary corporation or for the actions or omissions to act of any subsidiary corporation unless the authority expressly so consents; (26) To lease any authority owned facilities or property or any state owned facilities or property which the authority is managing under contract with the state; and no such lease agreement shall be deemed to be a contract subject to any law requiring that contracts shall be let only after receipt of competitive bids; (27) To provide advisory, technical, consultative, training, management, educational, project assistance, and other services related to the purposes ofthe authority to the state and any institution, department, agency, or authority of the state, to any local government, or to any nonprofit or for profit business, corporation, partnership, association, sole proprietorship, or other entity or enterprise and to enter into contracts with the foregoing, including without limitation the Department of Community Affairs, to provide such services; and the state, any institution, department, agency, or authority of the state, including without limitation the Department of Community Affairs, and any local government are authorized to enter into contracts with the authority for such services, to perform all duties required by the contract, and to pay for such services as may be provided them; (28) To impose restrictive covenants which shall be deemed to be running with the land to any person, corporation, partnership, or other form of business entity which receives financial assistance from the authority, which form of financial assistance shall include tax credits, bond financing, grants, guarantees ofthe authority, guarantees ofthe state, insurance ofthe authority, and all other forms of financial assistance, regardless ofwhether the authority enjoys privity of estate or whether the covenant touches and concerns the property burdened; and such restrictive covenants shall be valid for a period of up to the later of 40 years or the termination or satisfaction of such financial assistance, notwithstanding any other provision of law; (29) To enter into partnership agreements, to sell and purchase partnership interests, and to serve as general or limited partner of a partnership created to further the public purposes of the authority; (30) To allocate and issue any federal or state tax credits for which the authority is designated as the state allocating agency; (31) To make and execute contracts and all other instruments necessary or convenient for the performance of its duties and the exercise of its powers and functions under this chapter; (32) To cooperate with and exchange services, personnel, and information with any federal, state, or local governmental agency; (33) To adopt regulations for its own governance regarding cost-effective distribution of authority funds and prioritization of projects, subject to the direction of the General Assembly with regard to funds appropriated for the purposes of the authority; (34) The authority shall have the power to contract with the Department of Community Affairs and any other department, agency, board, commission, or

1066_____GENERAL ACTS AND RESOLUTIONS, VOL. I________
authority of state government for any purpose necessary or incidental to carrying out or performing the duties, responsibilities, or functions of the authority in exercising the power and management of the authority; provided, however, such contracts shall not delegate the authorization of the issuance of any bonds or other indebtedness of the authority. No part of the funds or assets of the authority shall be distributed to the Department of Community Affairs or any other department, authority, agency, board, or commission of the state unless otherwise provided by law, except that the authority shall be authorized and empowered to pay reasonable compensation for services rendered and to reimburse expenses incurred and, except as may be deemed necessary or desirable by the authority, to fulfill the purposes of the authority as set forth in this chapter. Nothing in this paragraph shall be construed as precluding the provision by any department, authority, board, commission, or agency of the state and the authority ofjoint or complementary services or programs within the scope of their respective powers. The Department of Community Affairs is authorized to acquire, construct, operate, maintain, expand, and improve a project for the purposes of the authority, and for the public good and general welfare, to contract with the authority for any such acquisition, construction, operation, maintenance, expansion, or improvement and to pay the cost of such project from any lawful fund source available to the department, including without limitation, where applicable, funds received by appropriation, proceeds of general obligation debt, funds of local government, grants of the United States or any agency or instrumentality thereof, gifts, and otherwise; and (35) To establish the Georgia Value-Added Agriculture Program and to develop and encourage value-added opportunities for farmers and agricultural producers in the state through establishment of an agricultural development fund and other means deemed appropriate by the authority. (b) The powers enumerated in each paragraph of subsection (a) of this Code section are cumulative of and in addition to those powers enumerated in the other paragraphs of subsection (a) of this Code section and elsewhere in this chapter and no such power limits or restricts any other power of the authority. (c) This chapter, being for the welfare of this state and being for the welfare of its citizens, shall be liberally construed to effect the purposes specified in this chapter. (d) No portion of the state ceiling, as defined in Code Section 36-82-182, shall be set aside or reserved, and no separate pool or share shall be created within the state ceiling, for the purpose of reserving for or allocating to the authority a portion of the state ceiling for use by the authority in the financing of, or the provision of financial assistance for, any enterprise. The distribution to the authority by the Department of Community Affairs of any portion of the state ceiling for the purpose of permitting the financing of any enterprise shall be accomplished based upon the merits of each enterprise and shall be accomplished upon the same terms and conditions, without preference or priority of any kind, as shall be applicable to the distribution of any portion of the state ceiling for the benefit of any enterprise proposed to be financed by a local authority.

____________GEORGIA LAWS 2002 SESSION__________1067
(e) No personal financial information submitted to the authority in connection with any of its programs shall be subject to public disclosure."
SECTION 5. Said title is further amended by adding a new Code section immediately following Code Section 50-34-17, to be designated Code Section 50-34-18, to read as follows:
"50-34-18. Effective July 1, 2002, without diminishing the powers of the authority pursuant to Code Section 50-34-6, all personnel positions authorized by the authority in Fiscal Year 2002 shall be transferred to the Department of Community Affairs. All employees ofthe authority on June 30,2002, whose positions are transferred by the authority to the Department of Community Affairs shall become employees ofthe Department ofCommunity Affairs and shall become employees in the unclassified service of the state merit system as defined by Code Section 45-20-6."
SECTION 6. All laws and parts of laws in conflict with this Act are repealed.
Approved May 14, 2002.
MENTAL HEALTH - TRANSPORTATION OF MENTALLY ILL, MENTALLY RETARDED, AND ALCOHOLIC OR DRUG DEPENDENT INDIVIDUALS.
Code Sections 37-3-101, 37-4-61, and 37-7-101 Amended.
No. 894 (House Bill No. 1400).
AN ACT
To amend Title 37 of the Official Code of Georgia Annotated, relating to mental health, so as to change the provisions regarding the transportation of mentally ill, mentally retarded, and alcoholic or drug dependent individuals who are patients or clients in a facility; to authorize a facility to arrange for transportation of an inpatient or client under the care ofthe facility by means other than with the county sheriff; to provide for payment by the patient or client for transportation; to prohibit the billing of the local governing authority for transportation not provided by the county sheriff; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

1068______GENERAL ACTS AND RESOLUTIONS, VOL. I_______
SECTION 1. Title 37 of the Official Code of Georgia Annotated, relating to mental health, is amended by striking Code Section 37-3-101, relating to transportation of patients generally, and inserting in its place the following:
"37-3-101.
(a) The governing authority of the county where the patient is found or located shall arrange for initial emergency transport of a patient to an emergency receiving facility. Except as otherwise authorized under subsection (b) of this Code section, the governing authority of the county of the patient's residence shall arrange for all required transportation for mental health purposes subsequent to the initial transport. The type of vehicle employed shall be in the discretion of the governing authority of the county, provided that, whenever possible, marked vehicles normally used for the transportation of criminals or those accused of crimes shall not be used for the transportation of patients. The court shall, upon the request of the community mental health center, order the sheriff to transport the patient in such manner as the patient's condition demands. At any time the community mental health center is satisfied that the patient can be transported safely by family members or friends, such private transportation shall be encouraged and authorized. In nonemergency situations, no female patient shall be transported at any time without another female in attendance who is not a patient, unless such female patient is accompanied by her husband, father, adult brother, or adult son. (b) Notwithstanding the provisions of subsection (a) of this Code section, when a patient is under the care of a facility, the facility shall have the discretion to determine the type of vehicle to safely transport the patient and to arrange for such transportation without the need to obtain the prior approval of the governing authority of the county of the patient's residence, the court, or the community mental health center. This subsection shall not prevent the facility from requesting and receiving transportation services from the governing authority of the county of the patient's residence and shall not relieve the county sheriff of the duty of providing transportation. Persons providing transportation are authorized to transport a patient from a sending facility to a receiving facility but shall not release the patient under any circumstances except into the custody of the receiving facility. The use of physical restraints to ensure the safe transport of the patient shall comply with the requirements of Code Section 37-3-165. When transportation is not provided by the county sheriff, the expense of such transportation shall not be billed to the county governing authority but may be billed to the patient and, unless agreed to in writing by the facility, shall not be billed to or considered an obligation of the facility."
SECTION 2. Said title is further amended by striking Code Section 37-4-61, relating to transportation of clients generally, and inserting in its place the following:

__________GEORGIA LAWS 2002 SESSION__________1069
"37-4-61.
(a) The governing authority of the county where the client is found or located shall arrange for initial emergency transport ofa client to an emergency receiving facility. Except as otherwise authorized under subsection (b) of this Code section, the governing authority of the county of the client's residence shall arrange for all required transportation for mental retardation services subsequent to the initial transport. The type of vehicle employed shall be determined by the governing authority of the county, provided that, whenever possible, marked vehicles normally used for the transportation of criminals or those accused of crimes shall not be used for the transportation of clients. The court, upon the request of the community mental retardation program, shall order the sheriff to transport the client in such manner as the client's condition demands. At any time such community mental retardation program is satisfied that the client can be transported safely by family members or friends, such private transportation shall be encouraged and authorized. In nonemergency situations, no female client shall be transported at any time without another female in attendance who is not a client, unless such female client is accompanied by her husband, father, adult brother, or adult son. (b) Notwithstanding the provisions of subsection (a) of this Code section, when a client is under the care of a facility, the facility shall have the discretion to determine the type of vehicle to safely transport the client and to arrange for such transportation without the need to obtain the prior approval of the governing authority of the county of the client's residence, the court, or the community mental retardation program. This subsection shall not prevent the facility from requesting and receiving transportation services from the governing authority of the county of the client's residence and shall not relieve the county sheriff of the duty ofproviding transportation. Persons providing transportation are authorized to transport a patient from a sending facility to a receiving facility but shall not release the client under any circumstances except into the custody of the receiving facility. The use ofphysical restraints to ensure the safe transport ofthe client shall comply with the requirements of Code Section 37-4-124. When transportation is not provided by the county sheriff, the expense of such transportation shall not be billed to the county governing authority but may be billed to the client and, unless agreed to in writing by the facility, shall not be billed to or considered an obligation of the facility."
SECTION 3. Said title is further amended by striking Code Section 37-7-101, relating to transportation of patients generally, and inserting in its place the following:
"37-7-101.
(a) The governing authority of the county where the patient is found or located shall arrange for initial emergency transport of the patient to an emergency receiving facility. Except as otherwise authorized under subsection (b) of this Code section, the governing authority of the county of the patient's residence shall arrange for all required transportation for mental health purposes subsequent

1070_____GENERAL ACTS AND RESOLUTIONS, VOL. I________
to the initial transport. The type of vehicle employed shall be in the discretion of the governing authority of the county, provided that, whenever possible, marked vehicles normally used for the transportation of criminals or those accused of crimes shall not be used for the transportation of patients. The court shall, upon the request of the community mental health center, order the sheriff to transport the patient in such manner as the patient's condition demands. At any time the community mental health center is satisfied that the patient can be transported safely by family members or friends, such private transportation shall be encouraged and authorized. In nonemergency situations, no female patient shall be transported at any time without another female in attendance who is not a patient, unless such female patient is accompanied by her husband, father, adult brother, or adult son. (b) Notwithstanding the provisions of subsection (a) of this Code section, when a patient is under the care of a facility, the facility shall have the discretion to determine the type of vehicle to safely transport the patient and to arrange for such transportation without the need to obtain the prior approval of the governing authority of the county of the patient's residence, the court, or the community mental health center. This subsection shall not prevent the facility from requesting and receiving transportation services from the governing authority of the county of the patient's residence and shall not relieve the county sheriff of the duty ofproviding transportation. Persons providing transportation are authorized to transport a patient from a sending facility to a receiving facility but shall not release the patient under any circumstances except into the custody of the receiving facility. The use ofphysical restraints to ensure the safe transport ofthe patient shall comply with Code Section 37-7-165. When transportation is not provided by the county sheriff, the expense of such transportation shall not be billed to the county governing authority but may be billed to the patient and, unless agreed to in writing by the facility, shall not be billed to or considered an obligation of the facility."
SECTION 4. All laws and parts of laws in conflict with this Act are repealed.
Approved May 14, 2002.

___________GEORGIA LAWS 2002 SESSION_________1071
RETIREMENT AND PENSIONS - GEORGIA JUDICIAL RETIREMENT SYSTEM; AUTHORITY OF BOARD OF TRUSTEES TO ADJUST EMPLOYEE CONTRIBUTIONS.
Code Section 47-23-21 Amended.
No. 895 (House Bill No. 552).
AN ACT
To amend Code Section 47-23-21 of the Official Code of Georgia Annotated, relating to the authority of the board of trustees of the Georgia Judicial Retirement System, so as to provide that the board shall have the authority to adjust the employee contribution rate under certain conditions; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Code Section 47-23-21 of the Official Code of Georgia Annotated, relating to the authority of the board of trustees of the Georgia Judicial Retirement System, is amended by inserting at the end thereof the following:
"(d) Subject to the terms and limitations of this subsection, the board of trustees is authorized to adopt from time to time a method or methods of establishing an employee contribution rate lower than as established in Article 5 of this chapter; provided, however, that such rate shall not be lower than 6 1/2 percent. Such method shall be based upon:
(1) The recommendation of the actuary of the board of trustees; (2) The maintenance ofthe actuarial soundness ofthe fund in accordance with the standards provided in Code Section 47-20-10 or such higher standards as may be adopted by the board; and (3) Such other factors as the board deems relevant."
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.
Approved May 14, 2002.

1072_____GENERAL ACTS AND RESOLUTIONS, VOL. I________
RETIREMENT AND PENSIONS - JUDGES OF THE PROBATE COURTS RETIREMENT FUND OF GEORGIA; ADDITIONAL FEES.
Code Section 47-11-50 Amended.
No. 896 (House Bill No. 571).
AN ACT
To amend Code Section 47-11-50 of the Official Code of Georgia Annotated, relating to payment to Judges of the Probate Courts Retirement Fund of Georgia of a portion of fees collected in connection with marriage licenses, the duty to record and report collection, interest, delinquent payments, and penalties, so as to provide for the payment into such fund of certain additional amounts; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Code Section 47-11-50 of the Official Code of Georgia Annotated, relating to payment to Judges of the Probate Courts Retirement Fund of Georgia of a portion of fees collected in connection with marriage licenses, the duty to record and report collection, interest, delinquent payments, and penalties, is amended by striking in its entirety subsection (a) and inserting in lieu thereof the following:
"(a)(l) The judges of the probate courts shall withhold the following amounts and pay the same to the board by the twentieth day of the month following the month in which such fees were collected, irrespective of whether such collecting judge of the probate court is now or may hereafter be compensated from fees collected or by a salary, or both:
(A) Twenty percent of all fees collected by any and all judges of the probate courts for any service rendered as such in taking applications for marriage licenses, issuing and recording such marriage licenses, and filing such applications and marriage licenses with the Department of Human Resources; (B) $2.00 of each civil filing; and (C) $1.00 of the fee paid for each application for a license to carry a pistol or revolver. (2) It shall be the duty of each judge of the probate court to keep accurate records of all such fees collected, and such records may be audited by the board at any time. The sums remitted to the board under this Code section shall be used to provide adjustments of the compensation of the several judges of the probate courts by making retirement benefits available to such judges of the probate courts and to pay the costs of administration incurred by the board."

____________GEORGIA LAWS 2002 SESSION__________1073
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.
Approved May 14, 2002.
COURTS - MAGISTRATE COURTS; TRAINING REQUIREMENTS.
Code Section 15-10-137 Amended.
No. 897 (House Bill No. 357).
AN ACT
To amend Chapter 10 of Title 15 of the Official Code of Georgia Annotated, relating to magistrate courts, so as to clarify training requirements for certification of magistrates who are active members of the State Bar of Georgia; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Chapter 10 of Title 15 of the Official Code of Georgia Annotated, relating to magistrate courts, is amended in Code Section 15-10-137, relating to training requirements for certified magistrates, by striking subsection (d) in its entirety and inserting in lieu thereof the following:
"(d) Notwithstanding any other provision of this article, any magistrate who is also an active member of the State Bar of Georgia shall be certified as a certified magistrate by the council without being required to complete any training otherwise required by subsection (b) ofthis Code section but shall be required to complete the mentor program of subsection (b.l) of this Code section within 12 months of taking office as magistrate and the annual training required by subsection (c) of this Code section, commencing with the first full calendar year following the year in which such a magistrate takes office."
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.
Approved May 14, 2002.

1074_____GENERAL ACTS AND RESOLUTIONS, VOL. I_________
MOTOR VEHICLES AND TRAFFIC - REDESIGNATION OF CERTAIN PROVISIONS RELATING TO MOTOR
VEHICLE LICENSE FEES AND PLATES; CORRECTION OF CERTAIN CROSS-REFERENCES.
Code Titles 32, 40, and 48 Amended.
No. 898 (House Bill No. 250).
AN ACT
To amend Titles 40 and 48 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic and to revenue and taxation, respectively, so as to redesignate certain provisions relating to motor vehicle license fees and plates; to correct certain cross-references and conform to such redesignation; to amend Title 32 of the Official Code of Georgia Annotated, relating to highways, bridges, and ferries, so as to correct certain cross-references and conform to such redesignation; to provide for applicability; to provide that this Act shall not abate or affect prosecutions, punishments, penalties, administrative proceedings or remedies, or civil actions related to certain violations; 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. Titles 40 and 48 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic and to revenue and taxation, respectively, are amended by:
(1) Redesignating Code Section 48-10-1, relating to definitions relative to motor vehicle license fees and plates, as Code Section 40-2-150; (2) Redesignating Code Section 48-10-2, relating to annual license fees for operation of vehicles and fees for permanent licensing of certain trailers, as Code Section 40-2-151; (3) Redesignating Code Section 48-10-2.1, relating to fees for apportionable vehicles and restricted license plates for vehicles, as Code Section 40-2-152; (4) Redesignating Code Section 48-10-3, relating to registration and licensing of makers and dealers of motor vehicles, applications, fees, dealers' number plates, prohibited uses, licensing of persons transporting motor vehicles, mobile home, or house trailers, and exemption of farm tractors, as Code Section 40-2-153; (5) Redesignating Code Section 48-10-4, relating to license plates for different classes of vehicles and distinguishing markings, as Code Section 40-2-154; (6) Striking reserved Code Section 48-10-5; (7) Redesignating Code Section 48-10-6, relating to transfers of annual licenses and plates to certain other vehicles, applications and fees, and payment

____________GEORGIA LAWS 2002 SESSION__________1075
of additional fees when substituted vehicles are required to have higher priced plates, as Code Section 40-2-155; (8) Redesignating Code Section 48-10-7, relating to rate of annual license fees for certain vehicles registered during specified parts of the year, as Code Section 40-2-156; (9) Redesignating Code Section 48-10-7.1, relating to payment of fees under the International Registration Plan, as Code Section 40-2-157; (10) Redesignating Code Section 48-10-7.2, relating to fees assessed to registrants, as Code Section 40-2-158; (11) Redesignating Code Section 48-10-8, relating to time of applications and payment for plates, as Code Section 40-2-159; (12) Redesignating Code Section 48-10-9, relating to liability of resident and nonresident motor vehicle operators for payment of taxes and fees, proration on daily basis of fees imposed on motor vehicles hauling seasonal agricultural products grown in state, and issuance of special plates, as Code Section 40-2-160; (13) Redesignating Code Section 48-10-10, relating to rate of annual license fee for vehicles carrying passengers over route of 50 miles or less, as Code Section 40-2-161; (14) Striking reserved Code Section 48-10-11; (15) Redesignating Code Section 48-10-12, relating to apportionment of cost of annual license fees of motor buses to motor common carriers of passengers for hire operating partially outside state, formula, and rules, as Code Section 40-2-162; (16) Redesignating Code Section 48-10-13, relating to purchase by truck or tractor owner ofhigher weight license plate and payment ofdifference between fees, as Code Section 40-2-163; (17) Redesignating Code Section 48-10-14, relating to decrease of allowable maximum weight (license class) for trucks and tractors, time, and certain trucks not entitled to partial year license, as Code Section 40-2-164; (18) Redesignating Code Section 48-10-15, relating to purchase ofnew license plate by owner oftruck weighing more than carried plate permits and credit for surrendered plate, as Code Section 40-2-165; and (19) Redesignating Code Section 48-10-16, relating to violation ofchapter and penalties, as Code Section 40-2-166.
SECTION 2. Said Title 48, relating to revenue and taxation, is further amended by reserving the designation of Chapter 10.
SECTION 3. Said Title 40, relating to motor vehicles and traffic, is further amended by designating Code Sections 40-2-150 through 40-2-166, inclusively, as Article 7 of Chapter 2.

1076_____GENERAL ACTS AND RESOLUTIONS, VOL. I________
SECTION 4. Said Title 40 is further amended by striking "chapter" and inserting in lieu thereof "article" wherever the former term appears in:
(1) Code Section 40-2-150, relating to definitions; (2) Code Section 40-2-151, relating to annual license fees for operation of vehicles and fees for permanent licensing of certain trailers; (3) Code Section 40-2-154, relating to license plates for different classes of vehicles and distinguishing markings; (4) Code Section 40-2-156, relating to rate of annual license fees for certain vehicles registered during specified parts of the year; (5) Code Section 40-2-157, relating to payment of fees under the International Registration Plan; (6) Code Section 40-2-159, relating to time of applications and payment for plates; (7) Code Section 40-2-160 , relating to liability of resident and nonresident motor vehicle operators for payment of taxes and fees, proration on daily basis of fees imposed on motor vehicles hauling seasonal agricultural products grown in state, and issuance of special plates; (8) Code Section 40-2-161, relating to rate of annual license fee for vehicles carrying passengers over route of 50 miles or less; and (9) Code Section 40-2-166, relating to violation of chapter and penalties.
SECTION 5. Titles 32, 40, and 48 of the Official Code of Georgia Annotated, relating to highways, bridges, and ferries; motor vehicles and traffic; and revenue and taxation, respectively, are amended by:
(1) Striking "Code Section 48-10-1" and inserting in lieu thereof "Code Section 40-2-150" wherever the former reference appears in:
(A) Code Section 32-6-30, relating to stopping vehicles for purposes of weighing, measuring, or inspecting, reports ofviolations, and refusal to stop; and (B) Code Section 48-9-2, relating to definitions relative to motor fuel and road taxes; (2) Striking "Code Section 48-10-2" and inserting in lieu thereof "Code Section 40-2-151" wherever the former reference appears in: (A) Code Section 40-2-47, relating to permanent registration and license plates for certain trailers; (B) Code Section 40-2-65, relating to special license plates for members of active reserve components of the United States; (C) Code Section 40-2-84, relating to license plates for veterans awarded the Purple Heart; (D) Code Section 40-2-136, relating to surrender of license plates of habitual violators; (E) Code Section 40-2-152, relating to fees for apportionable vehicles and restricted license plates for vehicles;

____________GEORGIA LAWS 2002 SESSION__________1077
(F) Code Section 40-2-155, relating to transfers of annual licenses and plates to certain other vehicles, applications and fees, and payment of additional fees when substituted vehicles are required to have higher priced plates; (G) Code Section 40-2-156, relating to rate ofannual license fees for certain vehicles registered during specified parts of the year; (H) Code Section 40-2-163, relating to purchase by truck or tractor owner of higher weight license plate and payment of difference between fees; (I) Code Section 40-2-164, relating to decrease of allowable maximum weight (license class) for trucks and tractors, time, and certain trucks not entitled to partial year license; and (J) Code Section 40-2-165, relating to purchase of new license plate by owner of truck weighing more than carried plate permits and credit for surrendered plate; (3) Striking "Code Section 48-10-12" and inserting in lieu thereof "Code Section 40-2-162" wherever the former reference appears in Code Section 32-6-30, relating to stopping vehicles for purposes of weighing, measuring, or inspecting, reports of violations, and refusal to stop; and (4) Striking ", 48-10-16," where such reference and punctuation appear in subsection (d) of Code Section 48-11-14, relating to registration, reports, and tax payments of persons acquiring cigars and cigarettes subject to tax under Code Section 48-11-13, assessment of tax due from person failing to file or filing incorrect report, hearing, and penalties.
SECTION 6. Said Title 40, relating to motor vehicles and traffic, is further amended by striking "Chapter 10 of Title 48" and inserting in lieu thereof "Article 7 of this chapter" wherever the former reference appears in Code Section 40-2-70, relating to special license plates for disabled veterans not qualifying under Code Section 40-2-69.
SECTION 7. The amendments made by this Act shall apply to provisions of such Code sections as currently existing and as amended after approval of this Act by any Act approved prior to this Act, particularly but not exclusively by an Act approved April 28,2000 (Ga. L. 2000, p. 951).
SECTION 8. This Act shall not abate any prosecution, punishment, penalty, administrative proceedings or remedies, or civil action related to any violation of law committed prior to the effective date of this Act.
SECTION 9. This Act shall become effective on July 1, 2002.

1078_____GENERAL ACTS AND RESOLUTIONS, VOL. I
SECTION 10. All laws and parts of laws in conflict with this Act are repealed.
Approved May 14, 2002.
EDUCATION - CERTAIN PERSONS ENTERING ELEMENTARY OR SECONDARY
SCHOOL BUILDINGS REQUIRED TO CHECK IN; EXCEPTIONS.
Code Section 20-2-1180 Amended.
No. 899 (House Bill No. 161).
AN ACT
To amend Article 27 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to loitering at or disrupting schools, so as to provide that certain persons entering an elementary or secondary school building shall promptly check in at a designated location; to provide for exceptions; to provide for the effect of failure to register; to provide for applicability; to provide for the effect of certain signs; to provide for construction; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Article 27 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to loitering at or disrupting schools, is amended by striking Code Section 20-2-1180, relating to loitering upon school premises, and inserting in lieu thereof the following:
"20-2-1180. (a) It shall be unlawful for any person to remain upon the premises or within the school safety zone as defined in paragraph (1) of subsection (a) of Code Section 16-11-127.1 of any public or private school in this state or to remain upon such premises or within such school safety zone when that person does not have a legitimate cause or need to be present thereon. Each principal or designee of each public or private school in this state shall have the authority to exercise such control over the buildings and grounds upon which a school is located so as to prohibit any person who does not have a legitimate need or cause to be present thereon from loitering upon such premises. Each principal or designee of each public or private school in this state shall notify the appropriate law enforcement agency to prohibit any person who does not have a legitimate need or cause to be present therein from loitering within the school safety zone.

____________GEORGIA LAWS 2002 SESSION__________1079
(b) Any person who shall not have any legitimate cause or need to be present upon the premises or within the school safety zone of any public or private school in this state who shall willfully fail to remove himself or herself from such premises after the principal or designee of such school shall request him or her to do so shall be guilty of a misdemeanor of a high and aggravated nature. (c) Upon entering any elementary or secondary school building between the official starting time and the official dismissal time, any person who is not a student at such school, an employee of the school or school system, a school board member, an approved volunteer following the established guidelines ofthe school, or a person who has been invited to or otherwise authorized to be at the school by a principal, teacher, counselor, or other authorized employee of the school shall check in at the designated location as stated on posted signs and provide a reason for his or her presence at the school. Failure to check in at the designated location as provided in this subsection shall be prima-facie evidence that such person is in violation of subsection (b) of this Code section. This subsection shall not apply to law enforcement officers, firefighters, emergency medical technicians or paramedics, or any public safety or emergency management officials in the performance ofan emergency call or to other persons making authorized deliveries to the school. This subsection shall not apply to any person entering a school which serves as an official polling place for the purpose of voting on election day or attending or participating in an academic or athletic event while remaining in the authorized area or parent, grandparent or guardian listed on a child's pick-up list who fails to sign-in while delivering school supplies, food, clothing, or other legitimate business and who has not previously been sanctioned by school officials for disrupting a school. (d) A school administrator or his or her designee may ask any visitor to explain his or her presence in the school building at any time when the school is in official session. (e) Ifthe school posts signs on entrances to the school requiring visitors to check in at the designated location, such signs shall be deemed prima-facie evidence that persons entering the school were on notice of the requirements of this Code section. (f) Nothing in this Code section shall be construed to prohibit school administrators from prohibiting the admission of any person who has violated school policy or state law."
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.
Approved May 14, 2002.

1080______GENERAL ACTS AND RESOLUTIONS, VOL. I________
MOTOR VEHICLES AND TRAFFIC - USE OF NITROUS OXIDE IN PASSENGER CARS.
Code Section 40-8-10 Enacted.
No. 900 (House Bill No. 151).
AN ACT
To amend Part 1 of Article 1 of Chapter 8 of Title 40 of the Official Code of Georgia Annotated, relating to general provisions regarding equipment of motor vehicles, so as to prohibit the operation on public roads of certain motor vehicles which supply the motor vehicles' combustion engines with nitrous oxide; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Part 1 of Article 1 of Chapter 8 of Title 40 of the Official Code of Georgia Annotated, relating to general provisions regarding equipment of motor vehicles, is amended by adding a new Code Section 40-8-10 to read as follows:
"40-8-10. (a) It shall be unlawful for any person on a public road to drive a passenger car, excluding a motor home, which supplies the motor vehicle's combustion engine with nitrous oxide unless the system supplying nitrous oxide is made inoperative by disconnecting the line feeding nitrous oxide to the engine or by removing the container or containers of nitrous oxide from the vehicle. (b) Any person who violates subsection (a) of this Code section shall be guilty of a misdemeanor."
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.
Approved May 14, 2002.

____________GEORGIA LAWS 2002 SESSION__________1081
WILLS, TRUSTS, AND ADMINISTRATION OF ESTATES JUDICIAL DETERMINATION OF HEIRS; DNA TESTING.
Code Section 53-2-27 Enacted.
No. 901 (House Bill No. 130).
AN ACT
To amend Article 2 of Chapter 2 of Title 53 of the Official Code of Georgia Annotated, relating to judicial determination of heirs and interests, so as to provide for court orders for disinterment and DNA testing in certain cases where the kinship of any party in interest to a decedent is in controversy; to provide that an order for disinterment and DNA testing may be made only on motion for good cause shown and upon notice to all the parties in interest and shall specify the time, place, manner, conditions, and scope ofthe removal and testing ofsamples, and the person or persons by whom it is to be made; to provide that motions shall be supported by affidavits; to provide for the contents of affidavits; to provide that all parties in interest shall receive a copy of a detailed written report of the tester; to provide that certain costs of obtaining and testing of such samples shall be assessed against and paid by the moving 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. Article 2 of Chapter 2 of Title 53 of the Official Code of Georgia Annotated, relating to judicial determination of heirs and interests, is amended by adding at the end thereof a new Code Section 53-2-27 to read as follows:
"53-2-27. (a) When the kinship of any party in interest to a decedent is in controversy in any proceeding under this article, a superior court may order the removal and testing of deoxyribonucleic acid (DNA) samples from the remains of the decedent and from any party in interest whose kinship to the decedent is in controversy for purposes of comparison and determination of the statistical likelihood of such kinship. The superior court may order the disinterment of the decedent's remains if reasonably necessary to obtain such samples. If the proceedings are pending in the probate court, the motion shall be transferred to the superior court for determination. (b) The order may be made only on motion for good cause shown and upon notice to all parties in interest and shall specify the time, place, manner, conditions, and scope of the removal and testing of samples, and the person or persons by whom it is to be made. Such motion, when made by a party in interest, shall be supported by affidavit setting forth:

1082_____GENERAL ACTS AND RESOLUTIONS, VOL. I_______
(1) The factual basis for a reasonable belief that the party in interest whose kinship to the decedent is in controversy is or is not so related; and (2) If disinterment of the decedent's remains is sought, the factual basis for a reasonable belief that reliable DNA samples from the decedent are not otherwise reasonably available from any other source. (c) Upon request, the movant shall deliver to all parties in interest a copy of a detailed written report of the tester and of any other expert involved in the determination of such statistical likelihood setting out his or her findings, including the results of all tests made and conclusions or opinions based thereon. (d) The costs of obtaining and testing of such samples, including the costs of disinterment and reinterment ofthe remains ofthe decedent, ifnecessary, as well as the costs of providing the report, shall be assessed against and paid by the moving party."
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.
Approved May 14, 2002.
CONSERVATION AND NATURAL RESOURCES STATE FORESTRY COMMISSION; ADDITIONAL MEMBERS.
Code Section 12-6-2 Amended.
No. 902 (House Bill No. 129).
AN ACT
To amend Code Section 12-6-2 of the Official Code of Georgia Annotated, relating to the creation of the State Forestry Commission and the composition of such commission, so as to add additional members; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Code Section 12-6-2 of the Official Code of Georgia Annotated, relating to the creation of the State Forestry Commission and the composition of such commission, is amended by striking subsection (b) of said Code section in its entirety and inserting in lieu thereof the following:
"(b) The commission shall be composed of seven members. Four of the members shall be owners, or representatives of owners, of 50 acres or more of

____________GEORGIA LAWS 2002 SESSION__________1083
forest land within the State of Georgia. Two members shall be manufacturers or processors of forest products, or representatives thereof. One additional member shall be a person other than a member of either such identified group. The members of the commission shall be appointed by the Governor and confirmed by the Senate and shall hold office until their successors are appointed and qualified."
SECTION 2. This Act shall become effective on July 1, 2002.
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.
Approved May 14, 2002.
EDUCATION - DESIGNATE PRE-KINDERGARTEN PROGRAM AS "GEORGIA'S PRE-K PROGRAM."
Code Section 20-1A-4 Amended. Code Section 20-1A-7 Enacted.
No. 903 (House Bill No. 97).
AN ACT
To amend Chapter 1A of Title 20 of the Official Code of Georgia, relating to the Office of School Readiness, so as to provide that the pre-kindergarten program administered by the Office of School Readiness shall be known as "Georgia's Pre-K Program"; to require that printed materials created on and after July 1,2002, for the pre-kindergarten program shall refer to the program as "Georgia's Pre-K Program"; to provide for an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Chapter 1A of Title 20 of the Official Code of Georgia, relating to the Office of School Readiness, is amended by striking in its entirety Code Section 20-1A-4, relating to the powers and duties of the office, and inserting in lieu thereof a new Code Section 20-1A-4 to read as follows:
"20-1A-4. The Office of School Readiness shall have the following powers and duties:

1084_____GENERAL ACTS AND RESOLUTIONS, VOL. I_______
(1) To administer such programs and services as may be necessary for the operation and management of voluntary pre-kindergarten, which shall be known as 'Georgia's Pre-K Program'; (2) To administer such programs and services as may be necessary for the operation and management ofpreschool and child development programs, such as Even Start and child care regulation and food programs; (3) To act as the agent of the federal government in conformity with this chapter and the administration of any federal funds granted to the state to aid in the furtherance of any functions of the office; and (4) To assist local units of administration in this state so as to assure the proliferation of services under this chapter."
SECTION 2. Said chapter is further amended by adding at the end thereof a new Code Section 20-1A-7, to read as follows:
"20-1A-7. On and after July 1,2002, each newly printed publication, poster, banner, or sign created for the pre-kindergarten program by the Office of School Readiness or a provider of pre-kindergarten services shall refer to the program as 'Georgia's Pre-K Program.1"
SECTION 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 4. All laws and parts of laws in conflict with this Act are repealed.
Approved May 14, 2002.
LABOR AND INDUSTRIAL RELATIONS - UNEMPLOYMENT COMPENSATION; EMPLOYER CONTRIBUTIONS FOR DOMESTIC EMPLOYEES; TAX AND WAGE REPORTS.
Code Sections 34-8-150 and 34-8-165 Amended.
No. 904 (House Bill No. 68).
AN ACT
To amend Chapter 8 ofTitle 34 ofthe Official Code of Georgia Annotated, relating to employment security, so as to provide that with respect to employers of certain

__________GEORGIA LAWS 2002 SESSION__________1085
domestic employees certain contributions shall become due and payable on an annual basis rather than on a quarterly basis; to require certain annual tax and wage reports; to change certain provisions regarding powers, duties, and authority of the Commissioner of Labor with respect to the foregoing; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Chapter 8 of Title 34 of the Official Code of Georgia Annotated, relating to employment security, is amended by striking subsection (a) of Code Section 34-8-150, relating to payment of contributions by employers, and inserting in its place a new subsection (a) to read as follows:
"(a) Contributions shall accrue from each employer for each calendar year in which the employer is subject to this chapter with respect to wages payable for employment, except as provided in Code Sections 34-8-158 through 34-8-162. Such contributions shall become due and be paid before the last day of the month next following the end of the calendar quarter to which they apply, in accordance with such regulations as the Commissioner may prescribe; provided, however, that with respect to employers as defined in paragraph (2) of subsection (a) of Code Section 34-8-33, the Commissioner shall provide by regulation that such contributions shall become due and be paid on an annual basis not later than such date as shall be prescribed by resolution of the Commissioner. Such contributions shall become delinquent if not paid when due and shall not be deducted, in whole or in part, from the wages of individuals in such employer's employ."
SECTION 2. Said chapter is further amended by striking paragraph (2) of subsection (a) of Code Section 34-8-165, relating to tax and wage reports, and inserting in its place a new paragraph (2) to read as follows:
"(2) With respect to employers as defined in paragraph (2) of subsection (a) of Code Section 34-8-33, the Commissioner shall provide by regulation for such tax and wage reports to be filed on an annual rather than on a quarterly basis in accordance with federal law. No penalty shall be due for such reports which are filed in the manner and within the time period prescribed by the Commissioner."
SECTION 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

1086_____GENERAL ACTS AND RESOLUTIONS, VOL. I
SECTION 4. All laws and parts of laws in conflict with this Act are repealed.
Approved May 14, 2002.
CONSERVATION AND NATURAL RESOURCES COMPUTER EQUIPMENT DISPOSAL AND RECYCLING COUNCIL CREATED.
Code Section 12-8-33.1 Enacted.
No. 905 (House Bill No. 2).
AN ACT
To amend Part 1 of Article 2 of Chapter 8 of Title 12 of the Official Code of Georgia Annotated, the "Georgia Comprehensive Solid Waste Management Act," so as to create the Computer Equipment Disposal and Recycling Council; to state legislative findings and intent; to provide for the membership, powers, duties, and operations of the council; to provide for advisory functions and pilot programs; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Part 1 of Article 2 of Chapter 8 of Title 12 of the Official Code of Georgia Annotated, the "Georgia Comprehensive Solid Waste Management Act," is amended by inserting immediately after Code Section 12-8-33 a new Code Section 12-8-33.1 to read as follows:
"12-8-33.1. (a) The General Assembly finds that improper disposal of computer equipment may present serious environmental threats. Computer equipment contains quantities of lead, mercury, and other heavy metals which when improperly disposed of can lead to environmental contamination. There is a rapidly growing stream of used computer equipment which should be recycled or disposed of in an appropriate manner. There is a shortage of existing programs and resources dedicated to such recycling and proper disposal. (b) There is created the Computer Equipment Disposal and Recycling Council. The Council shall consist of three members appointed by the Governor, two members appointed by the Lieutenant Governor, and two members appointed by the Speaker of the House of Representatives. Each member of the council shall serve at the pleasure of the appointing authority. The initial meeting of the

____________GEORGIA LAWS 2002 SESSION__________1087
council shall be at the call of the Governor, and the council shall thereafter elect its own officers and meet at the call of the chairperson or any three members. (c) The council shall be attached for administrative purposes to the Department of Natural Resources which shall provide appropriate staff and facilities as needed by the council. The members ofthe council shall not be compensated for their service on the council but may be reimbursed from funds appropriated or otherwise available to the Department of Natural Resources for their actual and reasonable expenses incurred in performing their duties as members of the council. (d) The council shall have the following powers and duties:
(1) To investigate problems and concerns related to the disposal and recycling of computer equipment; (2) To issue reports of its findings and recommendations as may be appropriate; (3) To advise the General Assembly and state agencies with respect to legislative, regulatory, or other actions within its area of expertise; (4) To accept and expend for its purposes any funds granted to the council by any agency of state or federal government or through private donations; and (5) To develop and assist in the establishment of pilot programs and ongoing programs for the recycling and proper disposal of computer equipment. (e) This council shall stand abolished on July 1, 2005."
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.
Approved May 14, 2002.
REVENUE AND TAXATION - TIME FOR MAKING APPLICATION FOR HOMESTEAD EXEMPTION IN COUNTIES OF 100,000 - 103,000 (FORMERLY 81,300 - 89,000).
Code Section 48-5-45 Amended.
No. 906 (House Bill No. 1559).
AN ACT
To amend Code Section 48-5-45 of the Official Code of Georgia Annotated, relating to homestead exemption applications, so as to change the provisions relating to population brackets and the census relative to the time for making such applications in certain counties; to repeal conflicting laws; and for other purposes.

1088_____GENERAL ACTS AND RESOLUTIONS, VOL. I_______
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Code Section 48-5-45 of the Official Code of Georgia Annotated, relating to homestead exemption applications, is amended by striking subsection (b) and inserting in its place a new subsection (b) to read as follows:
"(b) In all counties having a population of not less than 100,000 nor more than 103,000 according to the United States decennial census of 2000 or any future such census, the written application and schedule required in subsection (a) of this Code section shall be filed on or before March 1 of the year in which exemption from taxation is sought."
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.
Approved May 14, 2002.
COURTS - MAGISTRATES; MINIMUM SALARY.
Code Section 15-10-23 Amended.
No. 907 (House Bill No. 1547).
AN ACT
To amend Code Section 15-10-23 of the Official Code of Georgia Annotated, relating to compensation of magistrates, so as to change certain provisions regarding the minimum salary ofchiefmagistrates and other magistrates; 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 15-10-23 of the Official Code of Georgia Annotated, relating to compensation of magistrates, is amended by striking paragraphs (4) and (5) of subsection (a) and inserting in their place new paragraphs (4) and (5) to read as follows:
"(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 $3,412.84 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.

____________GEORGIA LAWS 2002 SESSION__________1089
(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 $19.69 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 $525.08."
SECTION 2. This Act shall become effective on January 1, 2003.
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.
Approved May 14, 2002.
INSURANCE - COLORECTAL CANCER SCREENING.
Code Section 33-24-56.3 Enacted.
No. 908 (House Bill No. 1100).
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 colorectal cancer screening; to provide for definitions; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Article 1 of Chapter 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 33-24-56.2 a new Code section to read as follows:
"33-24-56.3. (a) 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, executed, or renewed by an insurer in this state on or after July 1, 2002,

1090______GENERAL ACTS AND RESOLUTIONS, VOL. I_________
including, but not limited to, those contracts executed by the Department of Community Health pursuant to paragraph (1) of subsection (f) of Code Section 31-5A-4. The term 'health benefit policy' does not include the following limited benefit insurance policies: accident only, CHAMPUS supplement, dental, disability income, fixed indemnity, long-term care, medicare supplement, specified disease, vision, and nonrenewable individual policies written for a period of less than six months. (2) 'Insurer' means any person, corporation, or other entity authorized to provide health benefit policies under this title. (b) Every health benefit policy shall provide coverage for colorectal cancer screening, examinations, and laboratory tests in accordance with the most recently published guidelines and recommendations established by the American Cancer Society, in consultation with the American College of Gastroenterology and the American College of Radiology, for the ages, family histories, and frequencies referenced in such guidelines and recommendations and deemed appropriate by the attending physician after conferring with the patient. (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."
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.
Approved May 15, 2002.
MOTOR VEHICLES AND TRAFFIC - SPECIAL LICENSE PLATE TO SUPPORT CERTAIN BREAST CANCER RELATED PROGRAMS FOR THE MEDICALLY INDIGENT AUTHORIZED.
Code Section 40-2-86.7 Enacted.
No. 909 (House Bill No. 1402).
AN ACT
To amend Article 3 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to prestige license plates and special plates for certain persons and vehicles, so as to provide for a special license plate supporting certain breast cancer related programs for the medically indigent; to dedicate revenue derived from the sale of such special license plates to the Indigent Care Trust Fund as authorized by Article III, Section IX, Paragraph VI(i) ofthe Constitution; to provide an effective date; to repeal conflicting laws; and for other purposes.

____________GEORGIA LAWS 2002 SESSION________1091
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Article 3 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to prestige license plates and special plates for certain persons and vehicles, is amended by adding a new Code Section 40-2-86.7 to read as follows:
"40-2-86.7.
(a) Because breast cancer affects a number of Georgians and no cure has been found for such disease, it is appropriate that, subject to the provisions of this Code section, there shall be issued beginning in 2003 special license plates to support breast cancer related programs for the medically indigent. (b) The commissioner shall prepare a special distinctive license plate ofa design which shall include a logo the same as the United States postal stamp supporting breast cancer research and bearing the slogan 'Fund the Fight. Find A Cure.' over the sketch of a woman and the breast cancer awareness pink ribbon symbol. Such special license plate shall be of the same size and general design as general issue motor vehicle license plates. Such plates shall include a unique identifying number not exceeding seven characters, provided that no two recipients receive identical plates. It shall not be a requirement that a county name decal be affixed and displayed on license plates issued under this Code section. (c) Subject to subsection (d) of this Code section, any motor vehicle owner who is a resident of Georgia, upon complying with the motor vehicle laws relating to registration and licensing of motor vehicles and payment of a fee of $25.00 in addition to the regular motor vehicle registration fee, shall be issued such a special license plate upon application therefor. (d) Notwithstanding the foregoing provisions of this Code section, this Code section shall not be implemented until such time as the State of Georgia has, through a licensing agreement or otherwise and at no cost to the state, received such licenses or other permissions as may be required for the use of the breast cancer logo depicted on the United States postal stamp or as may otherwise be necessary or appropriate to implement this Code section. No royalty, license fee, or other moneys shall be paid to any organization or its licensor for the use by the state of such logo or design on license plates authorized by this Code section. The commissioner is authorized, on behalf of the state, to accept and execute such licensing agreements with the United States Postal Service or its licensor. The commissioner may charge fees, take other actions, and agree to or impose terms and conditions which might normally be envisioned in licensing and cross-licensing agreements for the use of designs and similar intellectual property. Without limitation, the commissioner may agree to allow to others the exclusive or nonexclusive use of the design of the special license plate. The design of the special license plate, excepting only the breast cancer stamp logo and slogan and any other part of the design owned by others and licensed to the state, shall be owned solely by the State of Georgia for its exclusive use and control, except as authorized by the commissioner. The commissioner may take such steps as may be necessary to give notice of and protect such right, including

1092_____GENERAL ACTS AND RESOLUTIONS, VOL. I_______
the copyright. 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, except as authorized by the commissioner.
(e)(l) Special license plates issued under 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. (2) License plates issued pursuant to this Code section shall be transferred between vehicles as provided in Code Section 40-2-80. (f)( 1) The funds derived from the sale of the special license plates provided by this Code section, less a $1.00 processing fee which shall be granted to county tag offices per plate sold and less the actual cost of manufacturing such plates, shall be deposited in the Indigent Care Trust Fund created by Code Section 31-8-152 to fund cancer screening and treatment related programs for those persons who are medically indigent and may have breast cancer. To the extent consistent with Article III, Section IX, Paragraph VI(i) of the Constitution and Article 6 ofChapter 8 ofTitle 31, such programs may include education, breast cancer screening, grants-in-aid to breast cancer victims, pharmacy assistance programs for breast cancer victims, and other projects to encourage public support for the special license plate and the activities which it funds. (2) As soon as practicable after the end of each month, the commissioner shall report the net amount derived from the sale of such license plates, not including actual manufacturing costs, to the Office ofPlanning and Budget and the Department of Community Health. (3) The Department of Community Health shall monitor the response of such breast cancer programs to determine their effectiveness."
SECTION 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.
Approved May 15, 2002.

____________GEORGIA LAWS 2002 SESSION__________1093
CRIMINAL PROCEDURE - NOTIFICATION OF VICTIM'S FAMILY OF APPEALS AND OTHER LEGAL PROCEEDINGS IN DEATH PENALTY CASES.
Code Section 17-17-12 Amended.
No. 910 (House Bill No. 1070).
AN ACT
To amend Code Section 17-17-12 of the Official Code of Georgia Annotated, relating to notification to victim of accused's motion for new trial or appeal, release on bail or recognizance, appellate proceedings, and outcome of appeal, so as to provide that, in cases in which the accused is convicted of a capital offense and receives the death penalty, it shall be the duty ofthe Attorney General to notify the victim's family of the filing and disposition of appeals from and other legal proceedings regarding such conviction which the Attorney General is defending and to provide the family with periodic reports on the status of such matters; 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 17-17-12 of the Official Code of Georgia Annotated, relating to notification to victim of accused's motion for new trial or appeal, release on bail or recognizance, appellate proceedings, and outcome ofappeal, is amended by striking subsection (b) and inserting in lieu thereof new subsections (b) and (c) to read as follows:
"(b) Upon the written request of the victim as defined in paragraph (11) of Code Section 17-17-3, in cases in which the accused is convicted of a capital offense and receives the death penalty, it shall be the duty of the Attorney General to:
(1) Notify the victim of the filing and disposition of all collateral attacks on such conviction which are being defended by the Attorney General including, but not limited to, petitions for a writ of habeas corpus, and the time and place of any such proceedings and any changes in the time or place of those proceedings; and (2) Provide the victim with a report on the status of all pending appeals, collateral attacks, and other litigation concerning such conviction which is being defended by the Attorney General at least every six months until the accused dies or the sentence or conviction is overturned or commuted or otherwise reduced to a sentence other than the death penalty. (c) In the event the accused is granted a new trial or the conviction is reversed or remanded and the case is returned to the trial court for further proceedings, the

1094______GENERAL ACTS AND RESOLUTIONS, VOL. I_______
victim shall be entitled to request the rights and privileges provided by this chapter."
SECTION 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.
Approved May 15, 2002.
CRIMES AND OFFENSES - TRANSPORTATION SECURITY ACT.
Code Sections 6-3-27, 16-10-28, and 16-11-37 and Code Title 16, Chapter 12, Article 4, Part 2 Amended.
No. 911 (Senate Bill No. 330).
AN ACT
To provide a short title; to amend Article 2 of Chapter 3 of Title 6 of the Official Code of Georgia Annotated, relating to powers of local governments as to air facilities, so as to provide that law enforcement officers of counties or municipalities operating an airport or landing field located in another political subdivision shall have jurisdiction within such facility; to amend Title 16 of the Official Code of Georgia Annotated, relating to crimes and offenses, so as to change the penalty for the offense of transmitting a false public alarm; to provide for restitution for damages caused by such offense; to change the definition of the offense of a terroristic threat; to change the penalty for making a terroristic threat; to amend the "Bus and Rail Vehicle Passenger Act"; to change a short title; to define certain terms; to provide that it shall be unlawful to enter an aircraft, a bus, or a rail vehicle with certain items; to provide exceptions; to prohibit the secreting of certain items on the person or in the baggage of another; to provide a penalty; to prohibit the removal of baggage and similar items from certain public vehicles; to provide that it shall be unlawful to avoid or interfere with a security control device; to provide for restitution; to provide that it shall be unlawful to place an item on the person of or in the possession of any bus, rail, or air passenger; to provide penalties; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

____________GEORGIA LAWS 2002 SESSION__________1095
SECTION 1. This Act shall be known and may be cited as the "Transportation Security Act of 2002."
SECTION 2. Article 2 ofChapter 3 ofTitle 6 ofthe Official Code ofGeorgia Annotated, relating to the powers of local governments as to airports, is amended by striking Code Section 6-3-27 in its entirety and inserting in lieu thereof the following:
"6-3-27.
(a) Counties, municipalities, or other political subdivisions acquiring, establishing, developing, operating, maintaining, or controlling airports or landing fields under this article outside the geographical limits of such subdivisions are specifically granted the right to enforce police regulations on such airports or landing fields. (b) A law enforcement officer of the county, municipality, or other political subdivision operating an airport or landing field outside the geographical limits of such political subdivision shall, when authorized by the county, municipality, or other political subdivision operating said airport or landing field, have the same law enforcement powers, including the powers ofarrest, within such airport or landing field and on any public property within one-quarter mile of such airport or landing field as a law enforcement officer of the political subdivision in which such airport or landing field is located. (c) Nothing in this Code section shall be construed as limiting the authority of any law enforcement agency of the county, municipality, or other political subdivision in which such airport or landing field is located."
SECTION 3. Title 16 of the Official Code of Georgia Annotated, relating to crimes and offenses, is amended by striking subsection (b) of Code Section 16-10-28, relating to transmitting a false public alarm, and inserting in lieu thereof the following:
"(b) A person who transmits in any manner a false alarm to the effect that a destructive device or hazardous substance of any nature is concealed in such place that its explosion, detonation, or release would endanger human life or cause injury or damage to property, knowing at the time that there is no reasonable ground for believing that such a destructive device or hazardous substance is concealed in such place, commits the offense of transmitting a false public alarm and, upon conviction thereof, shall be punished by imprisonment for not less than one nor more than five years or by a fine of not less than $1,000.00, or both. (c) In addition to any other penalty imposed by law for a violation of this Code section, the court may require the defendant to make restitution to any affected public or private entity for the reasonable costs or damages associated with the offense including, without limitation, the actual value of any goods, services, or income lost as a result of such violation. Restitution made pursuant to this subsection shall not preclude any party from obtaining any other civil or criminal

1096_____GENERAL ACTS AND RESOLUTIONS, VOL. I________
remedy available under any other provision of law. The restitution authorized by this subsection is supplemental and not exclusive."
SECTION 4. Said title is further amended by striking in its entirety Code Section 16-11-37, relating to terroristic threats and acts and related penalties, and inserting in lieu thereof the following:
"16-11-37.
(a) A person commits the offense of a terroristic threat when he or she threatens to commit any crime of violence, to release any hazardous substance, as such term is defined in Code Section 12-8-92, or to burn or damage property with the purpose of terrorizing another or of causing the evacuation of a building, place of assembly, or facility of public transportation or otherwise causing serious public inconvenience or in reckless disregard of the risk of causing such terror or inconvenience. No person shall be convicted under this subsection on the uncorroborated testimony of the party to whom the threat is communicated. (b) A person commits the offense of a terroristic act when:
(1) He or she uses a burning or flaming cross or other burning or flaming symbol or flambeau with the intent to terrorize another or another's household; (2) While not in the commission of a lawful act, he or she shoots at or throws an object at a conveyance which is being operated or which is occupied by passengers; or (3) He or she releases any hazardous substance or any simulated hazardous substance under the guise of a hazardous substance for the purpose of terrorizing another or of causing the evacuation of a building, place of assembly, or facility of public transportation or otherwise causing serious public inconvenience or in reckless disregard of the risk of causing such terror or inconvenience. (c) A person convicted of the offense of a terroristic threat shall be punished by a fine of not more than $1,000.00 or by imprisonment for not less than one nor more than five years, or both. A person convicted of the offense of a terroristic act shall be punished by a fine of not more than $5,000.00 or by imprisonment for not less than one nor more than ten years, or both; provided, however, that if any person suffers a serious physical injury as a direct result of an act giving rise to a conviction under this Code section, the person so convicted shall be punished by a fine of not more than $250,000.00 or imprisonment for not less than five nor more than 40 years, or both. (d) A person who commits or attempts to commit a terroristic threat or act with the intent to retaliate against any person for: (1) Attending a judicial or administrative proceeding as a witness, attorney, judge, or party or producing any record, document, or other object in a judicial or official proceeding; or (2) Providing to a law enforcement officer, adult or juvenile probation officer, prosecuting attorney, or judge any information relating to the commission or

____________GEORGIA LAWS 2002 SESSION__________1097
possible commission of an offense under the laws ofthis state or ofthe United States or a violation of conditions of bail, pretrial release, probation, or parole shall be guilty of the offense of a terroristic threat or act and, upon conviction thereof, shall be punished, for a terroristic threat, by imprisonment for not less than five nor more than ten years or by a fine of not less than $50,000.00, or both, and, for a terroristic act, by imprisonment for not less than five nor more than 20 years or by a fine of not less than $100,000.00, or both."
SECTION 5. Said title is further amended in Part 2 of Article 4 of Chapter 12, known as the "Bus and Rail Vehicle Passenger Safety Act," by striking said Part 2 in its entirety and inserting in lieu thereof the following:
"Part 2
16-12-121. This part shall be known and may be cited as the Transportation Passenger Safety Act.'
16-12-122. As used in this part, the term:
(1) 'Aircraft' means any machine, whether heavier or lighter than air, used or designed for navigation of or flight in the air. (2) 'Avoid a security measure' means to take any action that is intended to result in any person, baggage, container, or item of any type being allowed into a secure area without being subjected to security measures or the assembly of items into an object or substance that is prohibited under the laws of this state or of the United States or any of their agencies, political subdivisions, or authorities after such items have passed through a security measure into a secure area. (3) 'Bus' means any passenger bus or coach or other motor vehicle having a seating capacity of not less than 15 passengers operated by a transportation company for the purpose of carrying passengers or freight for hire. (4) 'Charter' means a group of persons, pursuant to a common purpose and under a single contract and at a fixed charge for the vehicle in accordance with a transportation company's tariff, who have acquired the exclusive use of an aircraft, bus, or rail vehicle to travel together as a group to a specified destination. (5) 'Interfere with a security measure' means to take any action that is intended to defeat, disable, or prevent the full operation of equipment or procedures designed or intended to detect any object or substance, including, but not limited to, disabling of any device so that it cannot fully function, creation of any diversion intended to defeat a security measure, or packaging of any item or substance so as to avoid detection by a security measure.

1098_____GENERAL ACTS AND RESOLUTIONS, VOL. I________
(6) 'Passenger' means any person served by the transportation company; and, in addition to the ordinary meaning of passenger, the term shall include any person accompanying or meeting another person who is transported by such company, any person shipping or receiving freight, and any person purchasing a ticket or receiving a pass. (7) 'Rail vehicle' means any railroad or rail transit car, carriage, coach, or other vehicle, whether self-propelled or not and designed to be operated upon a rail or rails or other fixed right of way by a transportation company for the purpose of carrying passengers or freight or both for hire. (8) 'Secure area' means any enclosed or unenclosed area within a terminal whereby access is restricted in any manner or the possession of items subject to security measures is prohibited. Access to a secure area may be restricted to persons specifically authorized by law, regulation, or policy ofthe governing authority or transportation company operating said terminal, and such access into a secure area may be conditioned on passing through security measures, and possession of items may be restricted to designated persons who are acting in the course of their official duties. (9) 'Security measure' means any process or procedure by which employees, agents, passengers, persons accompanying passengers, containers, baggage, freight, or possessions of passengers or persons accompanying passengers are screened, inspected, or examined by any means for the purpose of ensuring the safety and welfare of aircraft, bus, or rail vehicles and the employees, agents, passengers, and freight of any transportation company. The security measures may be operated by or under the authority of any governmental entity, transportation company, or any entity contracting therewith. (10) 'Terminal' means an aircraft, bus, or rail vehicle station, depot, any such transportation facility, or infrastructure relating thereto operated by a transportation company or governmental entity or authority. This term includes a reasonable area immediately adjacent to any designated stop along the route traveled by any coach or rail vehicle operated by a transportation company or governmental entity operating aircraft, bus, or rail vehicle transportation facility and parking lots or parking areas adjacent to a terminal. (11) Transportation company' or 'company' means any person, group of persons, or corporation providing for-hire transportation to passengers or freight by aircraft, by bus upon the highways in this state, by rail vehicle upon any public or private right of way in this state, or by all, including passengers and freight in interstate or intrastate travel. This term shall also include transportation facilities owned or operated by local public bodies; by municipalities; and by public corporations, authorities, boards, and commissions established under the laws of this state, any of the several states, the United States, or any foreign nation.
16-12-123. (a)(l) A person commits the offense of bus or rail vehicle hijacking when he or she:

____________GEORGIA LAWS 2002 SESSION__________1099
(A) Seizes or exercises control by force or violence or threat of force or violence of any bus or rail vehicle within the jurisdiction of this state; (B) By force or violence or by threat offeree or violence seizes or exercises control of any transportation company or all or any part of the transportation facilities owned or operated by any such company; or (C) By force or violence or by threat of force or violence substantially obstructs, hinders, interferes with, or otherwise disrupts or disturbs the operation of any transportation company or all or any part of a transportation facility. (2) Any person convicted of the offense of bus or rail hijacking shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for life or by imprisonment for not less than one nor more than 20 years. (b) Any person who boards or attempts to board an aircraft, bus, or rail vehicle with any explosive, destructive device, or hoax device as such term is defined in Code Section 16-7-80; firearm; hazardous substance as defined by Code Section 12-8-92; or knife or other device designed or modified for the purpose of offense and defense concealed on or about his or her person or property which is or would be accessible to such person while on the aircraft, bus, or rail vehicle shall be guilty of a felony and, upon conviction thereof, shall be sentenced to imprisonment for not less than one nor more than ten years. The prohibition of this subsection shall not apply to any law enforcement officer, peace officer retired from a state or federal law enforcement agency, person in the military service of the state or of the United States, or commercial security personnel employed by the transportation company who is in possession of weapons used within the course and scope of their employment; nor shall the prohibition apply to persons transporting weapons contained in baggage which is not accessible to passengers if the presence of such weapons has been declared to the transportation company and such weapons have been secured in a manner prescribed by state or federal law or regulation for the purpose of transportation or shipment. The provisions of this subsection shall not apply to any privately owned aircraft, bus, or rail vehicle if the owner of such aircraft or vehicle has given his or her express permission to board the aircraft or vehicle with the item. (c) The company may employ reasonable security measures, including any method or device, to detect concealed weapons, explosives, or hazardous material in baggage or freight or upon the person of the passenger. Upon the discovery of any such item or material in the possession of a person, unless the item is a weapon in the possession ofa person exempted under subsection (b) ofthis Code section from the prohibition of that subsection (b), the company shall obtain possession and retain custody of such item or materials until they are transferred to the custody of law enforcement officers.
16-12-124. (a) It shall be unlawful to remove any baggage, freight, container, or other item transported upon an aircraft, bus, or rail vehicle or stored in a terminal without consent of the owner of such property or the company or its duly authorized

1100_____GENERAL ACTS AND RESOLUTIONS, VOL. I________
representative. Any person violating this Code section shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for not less than one nor more than five years. (b) The actual value of an item removed in violation of this Code section shall not be material to the crime herein defined.
16-12-125. (a) It shall be unlawful for any person to avoid or interfere with a security measure. Any person convicted of a violation of this Code section shall be guilty of a misdemeanor of a high and aggravated nature; provided, however, that any person who violates this Code section with the intent to commit a felony within the terminal or with regard to any aircraft, bus, or rail vehicle shall be punished by imprisonment for not less than five nor more than 25 years, a fine not to exceed $100,000.00, or both. (b) Any violation of this Code section shall be considered a separate offense.
16-12-126 (a) It shall be unlawful intentionally to disable or inhibit the operation or effectiveness of any safety device of any description or to render any item or substance less safe when said item or substance is in any freight of a transportation company, in baggage or possessions of a passenger, or in a terminal. (b) It shall be unlawful to intentionally render inoperable or partially inoperable for any period of time any device designed or operated for traffic control that is owned, operated, or maintained by or for the benefit of a transportation company. (c) Any violation of this Code section shall be punished by imprisonment for not less than five nor more than 20 years, a fine not to exceed $100,000.00, or both. (d) Any violation of this Code section shall be considered a separate offense.
16-12-127. (a) It shall be unlawful for any person, with the intention of avoiding or interfering with a security measure or of introducing into a terminal any explosive, destructive device, or hoax device as defined in Code Section 16-7-80; firearm; hazardous substance as defined by Code Section 12-8-92; or knife or other device designed or modified for the purpose of offense and defense, to:
(1) Have any such item on or about his or her person, or (2) Place or cause to be placed or attempt to place or cause to be placed any such item:
(A) In a container or freight of a transportation company; (B) In the baggage or possessions of any person or any transportation company without the knowledge of the passenger or transportation company; or (C) Aboard such aircraft, bus, or rail vehicle. (b) A person violating the provisions of this Code section shall be guilty of a felony and shall, upon conviction, be sentenced to imprisonment for not less than

____________GEORGIA LAWS 2002 SESSION__________1101
one year nor more than 20 years, a fine not to exceed $15,000.00, or both. A prosecution under this Code section shall not be barred by the imposition of a civil penalty imposed by any governmental entity.
16-12-128. (a) This part shall be cumulative and supplemental to any other law of this state. A conviction or acquittal under any of the criminal provisions of Code Section 16-12-123, 16-12-124, 16-12-125, or 16-12-126 shall not be a bar to any other civil or criminal proceeding. (b) In addition to any other penalty imposed by law for a violation of this part, the court may require the defendant to make restitution to any affected public or private entity for the reasonable costs or damages associated with the offense. Restitution made pursuant to this subsection shall not preclude any party from obtaining any other civil or criminal remedy available under any other provision of law. The restitution authorized by this subsection is supplemental and not exclusive."
SECTION 6. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without such approval.
SECTION 7. All laws and parts of laws in conflict with this Act are repealed.
Approved May 15, 2002.
CONTRACTS - AGRICULTURAL EQUIPMENT SALES; REGULATION; DEALERS; UNFAIR COMPETITION.
Code Title 13, Chapter 8, Article 2 Amended.
No. 912 (House Bill No. 728).
AN ACT
To amend Chapter 8 of Title 13 of the Official Code of Georgia Annotated, relating to illegal and void contracts generally, so as to change certain provisions relating to regulation of equipment primarily designed for or used in agriculture; to define certain terms; to regulate sales of certain equipment primarily designed for or used in agriculture; to regulate the establishment, relocation, and termination of dealerships; to prohibit certain unfair competition with equipment dealers; to make

1102_____GENERAL ACTS AND RESOLUTIONS, VOL. I_______
editorial changes; to provide for applicability; to provide for severability; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Chapter 8 of Title 13 of the Official Code of Georgia Annotated, relating to illegal and void contracts generally, is amended by striking Article 2 and inserting in lieu thereof the following:
"ARTICLE 2
13-8-11. The General Assembly finds that the distribution of equipment primarily designed for or used in agriculture in the State of Georgia vitally affects the general economy ofthe state and the public interest and public welfare and, in the exercise of its police power, it is necessary to regulate equipment primarily designed for or used in agriculture and related equipment manufacturers, distributors, dealers, and their representatives doing business in Georgia in order to prevent frauds, unfair business practices, unfair methods of competition, impositions, and other abuses upon its citizens.
13-8-12. As used in this article, the term:
(1) 'Dealer' means any person who sells, maintains, solicits, or advertises the sale of new and used equipment to the consuming public. It shall not include (A) public officers while performing their duties as such officers; (B) persons making casual sales of their own equipment not subject to sales tax under the laws of the State of Georgia; (C) persons engaged in the auction sale of equipment; or (D) dealers in used equipment. (2) 'Dealership' means the business of selling or attempting to effect the sale by a dealer of new equipment or the right conferred by written or oral agreement with the manufacturer, distributor, or wholesaler for a definite or indefinite period of time to sell or attempt to effect the sale of new equipment. (3) 'Distributor' or 'wholesaler' means any person, company, or corporation who sells or distributes new equipment to dealers and who maintains distributor representatives within the state. (4) 'Distributor branch' means a branch office maintained by a distributor or wholesaler which sells or distributes new equipment to dealers. (5) 'Distributor representative' means a representative employed by a distributor branch, distributor, or wholesaler. (6) 'Equipment' means tractors, farm equipment, or equipment primarily designed for or used in agriculture, horticulture, irrigation for agriculture or horticulture, and other such equipment which is considered tax exempt and sold by the franchised equipment dealer.

__________GEORGIA LAWS 2002 SESSION__________1103
(7) 'Factory branch' means a branch office maintained by a manufacturer which manufactures and assembles equipment for sale to distributors or dealers or which is maintained for directing and supervising the representatives of the manufacturer. (8) 'Factory representative' means a representative employed by a manufacturer or employed by a factory branch for the purpose of making or promoting the sale of equipment or for supervising, servicing, instructing, or contracting with equipment dealers or prospective dealers. (9) 'Franchise' means an oral or written agreement for a definite or indefinite period of time in which a manufacturer, distributor, or wholesaler grants to a 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 equipment or services related thereto at wholesale or retail, whether by leasing, sale, or otherwise. (10) 'Franchisee' means a dealer to whom a franchise is offered or granted. (11) 'Franchisor' means a manufacturer, distributor, or wholesaler who grants a franchise to a dealer. (12) 'Fraud' means, in addition to its normal legal connotation, the following: a misrepresentation in any manner, whether intentionally false or arising from gross negligence, of a material fact; a promise or representation not made honestly and in good faith; or an intentional failure to disclose a material fact. (13) 'Manufacturer' means any person engaged in the business of manufacturing or assembling new and unused equipment. (14) 'New equipment' means a unit of equipment which has not been previously sold to and put into regular use or service by any person except a distributor or wholesaler or dealer for resale. (15) 'Person' means a natural person, corporation, partnership, trust, or other business entity; and, in case of a business entity, it shall include any other entity in which it has a majority interest or effectively controls as well as the individual officers, directors, and other persons in active control of the activities of each such entity. (16) 'Relevant market area' means the geographic area for which a dealer is assigned responsibility for selling or soliciting or advertising the sale of equipment under the terms of a franchise. (17) 'Sale' means the issuance, transfer, agreement for transfer, exchange, pledge, hypothecation, mortgage in any form, whether by transfer in trust or otherwise, of any unit of equipment or interest therein or of any franchise related thereto; any option, subscription or other contract, or solicitation, looking to a sale, or offer or attempt to sell in any form, whether in oral or written form. (18) Termination' of a contract or agreement means the termination, cancellation, nonrenewal, or noncontinuation of the contract or agreement.

1104_____GENERAL ACTS AND RESOLUTIONS, VOL. I_______
13-8-13.
Any person who engages directly or indirectly in purposeful contacts within this state in connection with the offering or advertising for sale ofnew equipment and parts shall be subject to the provisions of this article and shall be subject to the jurisdiction ofthe courts ofthis state upon service ofprocess in accordance with the provisions of the laws of the State of Georgia.
13-8-14. Unfair methods of competition and unfair or deceptive acts or practices as defined in Code Section 13-8-15 are declared to be unlawful.
13-8-15.
(a) It shall be deemed a violation of Code Section 13-8-14 for any manufacturer, factory branch, factory representative, distributor, or wholesaler, distributor branch, distributor representative, or dealer to engage in any action which is arbitrary, in bad faith, or unconscionable and which causes damage in terms of law or equity to any of the parties or to the public. (b) It shall be deemed a violation of Code Section 13-8-14 for a manufacturer, a distributor, a wholesaler, a distributor branch or division, a factory branch or division, or a wholesale branch or division, or officer, agent, or other representative thereof, to coerce, or attempt to coerce, any dealer:
(1) To order or accept delivery of any unit of equipment, parts or accessories therefor, or any other commodity or commodities which such dealer has not voluntarily ordered; or (2) To order or accept delivery of any equipment with special features, accessories, or equipment not included in the base list price of such equipment as publicly advertised by the manufacturer thereof. (c) It shall be deemed a violation of Code Section 13-8-14 for a manufacturer, a distributor, a wholesaler, a distributor branch or division, a factory branch or division, or a wholesale branch or division, or officer, agent, or other representative thereof: (1) To refuse to deliver in reasonable quantities and within a reasonable time after receipt of dealer's order to any dealer having a franchise or contractual agreement for the retail sale of new equipment sold or distributed by such manufacturer, distributor branch or division, factory branch or division, or wholesale branch or division any item ofequipment covered by such franchise or contract specifically advertised or represented by such manufacturer, distributor, wholesaler, distributor branch or division, factory branch or division, or wholesale branch or division to be available for immediate delivery; provided, however, that the failure to deliver any such unit of equipment shall not be considered a violation of this article if such failure is due to prudent and reasonable restriction on extension of credit by the franchisor to the dealer, an act of God, work stoppage or delay due to a strike or labor difficulty, a bona fide shortage of materials, freight embargo, or other

__________GEORGIA LAWS 2002 SESSION__________1105
cause over which the manufacturer, distributor, or wholesaler, or any agent thereof, shall have no control; (2) To coerce, or attempt to coerce, any dealer to enter into any agreement, whether written or oral, supplementary to an existing franchise with such manufacturer, distributor, wholesaler, distributor branch or division, factory branch or division, or wholesale branch or division, or officer, agent, or other representative thereof; or to do any other act prejudicial to such dealer by threatening to cancel any franchise or any contractual agreement existing between such manufacturer, distributor, wholesaler, distributor branch or division, factory branch or division, or wholesale branch or division, and such dealer; provided, however, that notice in good faith to any dealer of such dealer s violation of any terms or provisions of such franchise or contractual agreement shall not constitute a violation of this article if such notice is in writing mailed by registered or certified mail or statutory overnight delivery to such dealer at his or her current business address;
(3)(A) To terminate the franchise or selling agreement of any such dealer without due cause, as defined in subparagraph (C) of this paragraph. The termination of a franchise or selling agreement, without due cause, shall constitute an unfair termination, regardless of the specified time period of such franchise or selling agreement. Except where the grounds for such termination fall within division (iii) of subparagraph (C) of this paragraph, such manufacturer, distributor, wholesaler, distributor branch or division, factory branch or division, or wholesale branch or division, or officer, agent, or other representative thereof, shall notify a dealer in writing of the termination of the franchise or selling agreement of such dealer at least 90 days before the effective date thereof, stating the specific grounds for such termination; and in no event shall the contractual term of any such franchise or selling agreement expire, without the written consent of the dealer involved, prior to the expiration of at least 90 days following such written notice. During the 90 day period, either party may, in appropriate circumstances, petition a court to modify such 90 day stay or to extend it pending a final determination of such proceedings on the merits. The court shall have authority to grant preliminary and final injunctive relief. Should the dealer cure the claimed deficiency within the 90 day period, then the franchise or selling agreement shall not be terminated. (B) Before termination of the franchise or selling agreement because of the dealer's failure to meet reasonable marketing criteria or market penetration, the manufacturer, distributor, wholesaler, distributor branch or division, factory branch or division, or wholesale branch or division, or officer, agent, or other representative thereof, shall provide written notice of such intention at least one year in advance. After such notice, the manufacturer or other entity issuing the notice shall make good faith efforts to work with the dealer to gain the desired market share including, without limitation, reasonably making available to the dealer an adequate inventory of new equipment and parts and competitive marketing programs. The manufacturer or other

1106_____GENERAL ACTS AND RESOLUTIONS, VOL. I________
entity, at the end of the one-year notice period, may terminate or elect not to renew the agreement only upon further written notice specifying the reasons for determining that the dealer failed to meet reasonable criteria or market penetration. Such written notice must specify that termination is effective 90 days from the date of the notice. Either party may petition the court pursuant to subparagraph (A) of this paragraph for the relief specified therein. Should the dealer cure the claimed deficiency within the 90 day period, then the franchise or selling agreement shall not be terminated. (C) As used in this paragraph, tests for determining what constitutes due cause for a manufacturer or distributor to terminate a franchise agreement shall include whether the dealer:
(i) Has transferred an ownership interest in the dealership without the manufacturer's or distributor's consent; (ii) Has made a material misrepresentation in applying for or acting under the franchise agreement; (iii) Has filed a voluntary petition in bankruptcy or has had an involuntary petition in bankruptcy filed against the dealer which has not been discharged within 30 days after the filing, is in default under the provisions of a security agreement in effect with the manufacturer or distributor, or is in receivership; (iv) Has engaged in an unfair business practice; (v) Has inadequately represented the manufacturer's or distributor's products with respect to sales, service, or warranty work; (vi) Has engaged in conduct which is injurious or detrimental to the public welfare; (vii) Has inadequate sales and service facilities and personnel; (viii) Has failed to comply with an applicable licensing law; (ix) Has been convicted of a crime, the effect of which would be detrimental to the manufacturer, distributor, or dealership; (x) Has failed to operate in the normal course of business for seven consecutive business days; (xi) Has relocated the dealer's place of business without the manufacturer's or distributor's consent; or (xii) Has failed to comply with the terms of the dealership or franchise agreement; (4) To resort to or use any false or misleading advertisement in connection with its business as such manufacturer, distributor, wholesaler, distributor branch or division, factory branch or division, or wholesale branch or division, or officer, agent, or other representative thereof; (5) To offer to sell or to sell any new unit of equipment, or parts or accessories therefor, to any other dealer at a lower actual price therefor than the actual price offered to any other dealer for the same model equipment identically equipped; or to utilize any device including, but not limited to, sales promotion plans or programs which result in such lesser actual price; provided, however, that the provisions of this paragraph shall not apply to sales to a dealer for

____________GEORGIA LAWS 2002 SESSION__________1107
resale to any unit of the United States government, the state, or any of its political subdivisions; and provided, further, that the provisions of this paragraph shall not apply so long as a manufacturer, distributor, or wholesaler, or any agent thereof, sells or offers to sell such new equipment, parts, or accessories to all their franchised dealers at an equal price; (6) To discriminate willfully, either directly or indirectly, in price, programs, or terms of sale offered to franchisees, where the effect of such discrimination may be to lessen competition substantially or to give to one holder of a franchise any business or competitive advantage not offered to all holders of the same or similar franchise; (7) To prevent or attempt to prevent, by contract or otherwise, any dealer from changing the capital structure of his or her dealership or the means by or through which he or she finances the operation of his or her dealership, provided such dealer at all times meets any reasonable capital standards agreed to between the dealership and the manufacturer, distributor, or wholesaler and provided such change by the dealer does not result in a change in the executive management of the dealership; (8) To prevent or attempt to prevent, by contract or otherwise, any dealer or any officer, partner, or stockholder of any dealer from selling or transferring any part of the interest of any of them to any other person or persons or party or parties; provided, however, that no dealer, officer, partner, or stockholder shall have the right to sell, transfer, or assign the franchise or power of management or control thereunder without the consent of the manufacturer, distributor, or wholesaler, except that such consent shall not be unreasonably withheld; (8.1) To prevent a dealer from having an investment in or holding a dealership contract for the sale of competing product lines or makes of equipment, or to require a dealer to provide separate facilities for competing product lines or makes of equipment; (8.2) To impose, directly or indirectly, unreasonable restrictions on the dealer relative to transfer, sale, renewal, termination, location, or site control; (9) To obtain money, goods, services, anything of value, or any other benefit from any other person with whom the dealer does business or employs on account of or in relation to the transactions between the dealer, the franchisor, and such other person; or (10) To require a dealer to assent to a release, assignment, notation, waiver, or estoppel which would relieve any person from liability imposed by this article. (d) It shall be deemed a violation of Code Section 13-8-14 for a dealer: (1) To require a retail purchaser of a new unit of equipment, as a condition of sale and delivery thereof, also to purchase special features, appliances, equipment, parts, or accessories not desired or requested by the purchaser; provided, however, that this prohibition shall not apply to special features, appliances, equipment, parts, or accessories which are already installed when

1108_____GENERAL ACTS AND RESOLUTIONS, VOL. I_______
the unit of equipment is received by the dealer from the manufacturer, distributor, or wholesaler thereof; (2) To represent and sell as new and unused any unit of equipment which has been used and operated for demonstration or other purposes without stating to the purchaser the approximate amount of use the unit of equipment has experienced; or (3) To resort to or use any false or misleading advertisement in connection with his or her business as such dealer.
13-8-15.1. Any manufacturer, distributor, or wholesaler which intends to establish a new dealership or to relocate a current dealership for a particular product line or make of equipment within the relevant market area of an existing dealership of the same product line or make of equipment shall give written 90 day notice of such intent by certified mail or statutory overnight delivery, return receipt requested, to such existing dealership. The notice shall include:
(1) The specific location of the additional or relocated dealership; (2) The date on or after which the additional or relocated dealership will commence operation at the new location; (3) The identity of all existing dealerships in whose relevant market area the new or relocated dealership is to be located; and (4) The names and addresses of the dealer and principals in the new or relocated dealership.
13-8-15.2. (a) A manufacturer, distributor, or wholesaler may sell or lease new equipment for use within this state. Ifthe equipment is prepared for delivery or serviced by a dealer, the manufacturer, distributor, or wholesaler shall reasonably compensate the dealer for the preparation and delivery of the new equipment and pay to the dealer a reasonable commission on the sale or lease of the new equipment which shall be not less than 8 percent of the sale price of the equipment. The manufacturer, distributor, or wholesaler, if practicable, shall utilize the dealer in the relevant market area described in subsection (b) of this Code section for preparation and delivery. This compensation must be paid or credited in the same manner as provided in Code Section 13-8-17. This subsection shall not be applicable to any liquidation or sale of equipment which has been ordered by any court. (b) For purposes of this Code section, equipment is considered to be used primarily within a dealer's relevant market area if the new equipment is located or housed at a user's facility located within that relevant market area.
13-8-16.
(a) Every manufacturer shall specify and every dealer shall provide and fulfill reasonable predelivery and preparation obligations for its equipment prior to delivery of same to retail purchasers.

___________GEORGIA LAWS 2002 SESSION__________1109
(b) Every manufacturer shall provide for repair parts availability throughout the reasonable useful life of any equipment sold. (c) Every manufacturer or distributor shall provide to each of its dealers, on an annual basis, an opportunity to return a portion of such dealer's surplus parts inventory for credit. The surplus parts return procedure shall be administered as follows:
(1) The manufacturer or distributor may specify and thereupon notify its dealers of a time period of at least 60 days' duration, during which time dealers may submit their surplus parts lists and return their surplus parts to the manufacturer or distributor; (2) If a manufacturer or distributor has not notified a dealer of a specific time period for returning surplus parts within the preceding 12 months, then it shall authorize and allow the dealer's surplus parts return request within 30 days after receipt of such request from such dealer; (3) Pursuant to the provisions of this subsection, a manufacturer or distributor must allow surplus parts return authority on a dollar value of parts equal to 8 percent of the total dollar value of parts purchased by the dealer from the manufacturer or distributor during the 12 month period immediately preceding the notification to such dealer by the manufacturer or distributor of the surplus parts return program, or the month such dealer's return request is made, whichever is applicable; provided, however, that such dealer may, at his or her option, elect to return a dollar value of his or her surplus parts less than 8 percent of the total dollar value of parts purchased by such dealer from the manufacturer or distributor during the preceding 12 month period as provided in this subsection; (4) No obsolete or superseded part may be returned, but any part listed in the manufacturer's, wholesaler's, or distributor's current parts price list at the date of notification to the dealer by the manufacturer or distributor of the surplus parts return program, or the date of a dealer's parts return request, whichever is applicable, shall be eligible for return and credit as specified in this subsection; provided, however, that returned parts must be in new and unused condition and must have been purchased from the manufacturer, wholesaler, or distributor to whom they are returned; (5) The minimum lawful credit to be allowed for returned parts shall be 85 percent of the wholesale cost thereof as listed in the manufacturer's, wholesaler's, or distributor's current parts price list at the date of the notification to the dealer by the manufacturer, wholesaler, or distributor of the surplus parts return program, or the date of a dealer's parts return request, whichever is applicable; (6) Applicable credit pursuant to this subsection must be issued to the dealer within 30 days after receipt of his or her returned parts by the manufacturer or distributor; or (7) Packing and return freight expense incurred in any return of surplus parts pursuant to the terms of this Code section shall be borne by the dealer.

1110_____GENERAL ACTS AND RESOLUTIONS, VOL. I_______
13-8-17.
(a) Every manufacturer, distributor, wholesaler, distributor branch or division, factory branch or division, or wholesale branch or division shall provide a fair and reasonable warranty agreement on any new unit of equipment which it sells and shall fairly compensate each of its dealers for labor and parts used in fulfilling such warranty agreement. All claims for payment under such warranty agreements made by dealers under this subsection for such labor and parts shall be paid within 30 days following their approval. All such claims shall be either approved or disapproved within 30 days after their receipt; and, when any such claim is disapproved, the dealer who submits it shall be notified in writing of its disapproval within such period; and each such notice shall state the specific grounds upon which the disapproval is based. Any special handling of claims required of the dealer by the manufacturer, distributor, wholesaler, distributor branch or division, factory branch or division, or wholesale branch or division, and not uniformly required ofall dealers ofthat make, may be enforced only after 30 days notice in writing to the dealer and upon good and sufficient reason. (b) The minimum lawful basis for compensating said dealer for warranty work as provided for in this subsection shall be calculated for labor in accordance with the reasonable and customary amount of time required to complete such work, expressed in hours and fractions of hours multiplied by the dealer's established hourly retail labor rate. Prior to filing a claim for reimbursement for warranty work, the dealer must notify the applicable manufacturer, wholesaler, or distributor of his or her hourly retail labor rate. The minimum lawful basis for compensation to the dealer for parts used in fulfilling said warranty work shall be at the dealer s costs thereof, including all freight and handling charges applicable thereto, plus 15 percent of said sum to reimburse the dealer's reasonable costs of doing business and providing such warranty service on the manufacturer's behalf. (c) It shall be unlawful to deny, delay payment for, or restrict a claim by a dealer for warranty service or parts, incentives, hold-backs, or other amounts owed to a dealer unless the denial, delay, or restriction is the direct result of a material defect in the claim that affects its validity. (d) A manufacturer, distributor, or wholesaler may audit warranty claims submitted by its dealers only for a period of up to one year following payment of such claims and may charge back to its dealers only those amounts based upon paid claims shown by audit to be invalid; provided, however, that this limitation shall not apply in any case of fraudulent claims.
13-8-17.1. Any audit ofa dealer by or on behalfofa manufacturer, distributor, or wholesaler for sales incentives, service incentives, rebates, or other forms of incentive compensation shall be completed not later than six months after the date of the termination of such incentive compensation program; provided, however, that this limitation shall not apply in any case of fraudulent claims.

____________GEORGIA LAWS 2002 SESSION_________1111
13-8-18. The provisions ofthis article shall apply to all written or oral agreements between a manufacturer, wholesaler, or distributor with a dealer including, but not limited to, the franchise offering, the franchise agreement, sales of goods, services and advertising, leases or mortgages of real or personal property, promises to pay, security interests, pledges, insurance contracts, advertising contracts, construction or installation contracts, servicing contracts, and all other such agreements in which the manufacturer, wholesaler, or distributor has any direct or indirect interest.
13-8-19. It shall be unlawful for the manufacturer, wholesaler, distributor, or franchisor, without due cause, to fail to renew on terms then equally available to all its dealers, to terminate a franchise, or to restrict the transfer of a franchise unless the franchisee shall receive fair and reasonable compensation for the inventory of the business. As used in this Code section, 'due cause' shall be construed in accordance with the definition of same as contained in subparagraph (c)(3)(C) of Code Section 13-8-15.
13-8-20. (a) In addition to temporary or permanent injunctive relief as provided in subparagraph (c)(3)(A) of Code Section 13-8-15, any person who shall be injured in his or her business or property by reason of anything forbidden by or in noncompliance with the requirements ofthis article may bring an action therefor in the appropriate superior court ofthis state and shall recover the actual damages sustained and the costs of such action, including a reasonable attorney's fee. (b) When such action is one of common or general interest to many persons or when the parties are numerous and it is impracticable to bring them all before the court, one or more may bring a class action for the benefit ofthe whole, including actions for injunctive relief. (c) In an action for money damages, if the jury finds that the defendant acted maliciously, the jury may award punitive damages as permitted by Georgia law.
13-8-21. Any contract or franchise agreement or part thereof or practice thereunder in violation of any provision of this article shall be deemed against public policy and shall be void and unenforceable.
13-8-22. (a) Whenever any dealer enters into a franchise agreement with a manufacturer, distributor, or wholesaler wherein the dealer agrees to maintain an inventory of equipment or repair parts and the franchise is subsequently terminated, 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.

1112_____GENERAL ACTS AND RESOLUTIONS, VOL. I_______
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) The manufacturer, distributor, or wholesaler shall repurchase that inventory previously purchased from it and held by the dealer on the date of termination of the contract. The manufacturer, distributor, or wholesaler shall pay 100 percent of the actual dealer cost, including freight, of all new, unsold, undamaged, and complete units of equipment which are resalable and 100 percent of the current wholesale price of all new, unused, 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 5 percent of the current wholesale price on all new, unused, and undamaged repair parts returned to cover the cost of handling, packing, and loading. The manufacturer, distributor, or wholesaler shall have the option of performing the handling, packing, and loading in lieu of paying the 5 percent sum imposed by this subsection for these services. (c) Upon payment within a reasonable time of the repurchase amount to the dealer, the title and right ofpossession 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 single repair part which is priced as a set of two or more items; (2) Any repair part which, because of its condition, is not resalable as a new part without repackaging or reconditioning; (3) Any inventory for which the dealer is unable to furnish evidence, reasonably satisfactory to the manufacturer, distributor, or wholesaler, of good title, free and clear of all claims, liens, and encumbrances; (4) Any inventory which the dealer desires to keep, provided the dealer has a contractual right to do so; (5) Any unit of equipment which is not in new, unused, undamaged, complete condition; (6) Any repair parts which are not in new, unused, undamaged condition; (7) Any inventory which was ordered by the dealer on or after the date of receipt of the notification of termination of the franchise; or (8) 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 covered under the provisions of this article within 60 days after termination of a dealer's contract, it shall be civilly liable for 100 percent of the current wholesale price of the inventory plus any freight charges paid by the dealer, such dealer's reasonable attorney's fees, court costs, and interest on the current wholesale price computed at the legal interest rate from the sixty-first day after termination.
13-8-23.
In the event of the death or incapacity of the dealer or the majority stockholder ofa corporation operating as a dealer, the manufacturer, distributor, or wholesaler

____________GEORGIA LAWS 2002 SESSION__________1113
shall, at the option of the heirs at law, if the 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 aforesaid as if the manufacturer, distributor, or wholesaler had terminated the contract, and the inventory repurchase provisions of Code Section 13-8-22 are made expressly applicable hereto. The heirs or devisees as aforesaid 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 as aforesaid and the manufacturer, distributor, or wholesaler enter into a new franchise agreement to operate the retail dealership.
13-8-24. A manufacturer, distributor, or wholesaler, as the case may be, will fully indemnify and hold harmless its dealer against any losses including, but not limited to: court costs and reasonable attorney's fees or damages arising out of complaints, claims, or lawsuits including, but not limited to, strict liability, negligence, misrepresentation, express or implied warranty, or rescission of the sale where the complaint, claim, or lawsuit relates to the manufacture, assembly, or design of new items covered by this article, parts or accessories, or other functions by the manufacturer, distributor, or wholesaler which are beyond the control of the dealer.
13-8-25. The provisions of this article shall apply to all contracts now in effect which have no expiration date and are a continuing contract and all other contracts entered into or renewed on or after July 1, 2002. Any contract in force and effect prior to July 1, 2002, 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, 2002."
SECTION 2. If any provision of this Act or the application of such provision to any person or circumstance is held invalid, the remainder of this Act and the application of such provision to other persons or circumstances shall not be affected by such holding.
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.
Approved May 15, 2002.

1114______GENERAL ACTS AND RESOLUTIONS, VOL. I________
EDUCATION - HOPE SCHOLARSHIPS AND GRANTS; DEFINITION OF "ELIGIBLE HIGH SCHOOL" AMENDED.
Code Section 20-3-579 Amended.
No. 913 (House Bill No. 961).
AN ACT
To amend Code Section 20-3-519 of the Official Code of Georgia Annotated, relating to definitions applicable to HOPE scholarships and grants, so as to change the definition of the term "eligible high school"; to provide for an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Code Section 20-3-519 of the Official Code of Georgia Annotated, relating to definitions applicable to HOPE scholarships and grants, is amended by striking in its entirety paragraph (6) and inserting in lieu thereof a new paragraph (6) to read as follows:
"(6) 'Eligible high school' means a public or private secondary school which is:
(A) Located in Georgia and accredited as such by: (i) The Southern Association of Colleges and Schools; (ii) The Georgia Accrediting Commission; (iii) The Georgia Association of Christian Schools; (iv) The Association of Christian Schools International; (v) The Georgia Private School Accreditation Council; or (vi) The Accrediting Commission for Independent Study; or
(B) Located in another state and accredited by one of the following regional agencies:
(i) The Southern Association of Colleges and Schools; (ii) The New England Association of Schools and Colleges; (iii) The Middle States Association of Colleges and Schools; (iv) The North Central Association of Colleges and Schools; (v) The Northwestern Association of Schools and Colleges; (vi) The Western Association of Schools and Colleges; or (vii) The Alabama Independent School Association."
SECTION 2. This Act shall become effective on July 1, 2001.

____________GEORGIA LAWS 2002 SESSION__________1115
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.
Approved May 15, 2002.
EDUCATION - GEORGIA STUDENT FINANCE AUTHORITY; EDUCATION LOAN FORGIVENESS PROGRAMS FOR ATTORNEYS WORKING IN THE AREA OF PUBLIC INTEREST.
Code Title 20, Chapter 3, Article 7, Part 3, Subpart 3A Enacted.
No. 914 (Senate Bill No. 465).
AN ACT
To amend Part 3 of Article 7 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to the Georgia Student Finance Authority, so as to authorize the Georgia Student Finance Authority to establish and administer education loan forgiveness programs for attorneys working in the area of public interest; to provide for legislative findings; to establish a nonprofit corporation to administer the fund for the programs; to provide an additional purpose; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Part 3 of Article 7 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to the Georgia Student Finance Authority, is amended by adding immediately after Subpart 3 a new Subpart 3A to read as follows:
"Subpart 3A
20-3-380. The General Assembly finds that many attorneys graduate from law school with substantial education debt; that the debt that saddles law school graduates prohibits many from considering public interest work; that Georgia law firms, on average, pay first year associates more than twice the entry level salary for public interest work; that a need exists for public interest entities to hire competent attorneys; that the public is better served by competent and qualified attorneys working in the area of public interest; and that programs providing for education loan forgiveness to encourage law students and other attorneys to seek

1116_____GENERAL ACTS AND RESOLUTIONS, VOL. I________
employment in the area of public interest would better enable public interest entities to attract and retain experienced and qualified attorneys.
20-3-381. As used in this subpart, the term:
(1) 'Assistant district attorney' means an attorney employed full time as an assistant district attorney. (2) 'Assistant solicitor-general' or 'assistant solicitor' means an attorney employed full time as an assistant solicitor-general, assistant city solicitor, or assistant municipal court solicitor. (3) 'Civil legal aid attorney' means an attorney employed full time as an attorney in a tax-exempt legal aid nonprofit corporation dedicated to providing free or reduced cost legal services to low-income clients in civil cases. (4) 'Civil legal aid organization' means a tax-exempt legal aid nonprofit corporation dedicated to providing free or reduced cost legal services to low-income clients in civil cases. (5) 'Education loan' means any obligation of an attorney to repay a debt created by the advances of money to the attorney by an institutional or governmental lender that financed, in whole or in part, the debt incurred by the attorney to obtain the undergraduate degree necessary to enter law school, the debt incurred to obtain a Juris Doctor degree or the equivalent, or both. (6) 'Fund' means the Public Interest Lawyers' Fund created by Code Section 20-3-383. (7) 'Maximum amount authorized' means $600.00 per month or an amount authorized by subsection (b) or (c) of Code Section 20-3-387. (8) 'Office of Legislative Counsel attorney' means an attorney employed full time by the Office of Legislative Counsel. (9) 'Public defender' means an attorney employed full time in a city, county, state, or university affiliated public defender office or a criminal defense organization dedicated exclusively to providing indigent defense services as a tax-exempt nonprofit corporation. (10) 'Public defender organization' means a city, county, state, or university affiliated public defender office or a criminal defense organization dedicated exclusively to providing indigent defense services as a tax-exempt nonprofit corporation. (11) 'State Law Department attorney' means an attorney employed full time by the State Law Department.
20-3-382. The authority is authorized to establish and administer loan forgiveness programs for education loans to encourage law students and other attorneys to choose careers in the area of public interest. The authority is authorized to prescribe all rules, regulations, policies, and procedures necessary or convenient for the administration of these programs and all terms and conditions applicable to payments made under this subpart.

____________GEORGIA LAWS 2002 SESSION__________1117
20-3-383.
(a) There is created the Public Interest Lawyers Fund. (b) The authority shall maintain the fund to which shall be credited:
(1) State funds appropriated for use by the authority for education loan forgiveness purposes; and (2) Unrestricted moneys received by gift or otherwise and other moneys available for and determined by the authority to be used for the purposes of this subpart. The authority is authorized to use moneys available in the fund to make payments to assist in repaying education loans for eligible attorneys in accordance with its rules and regulations. (c) Any private donations made by gift or otherwise to the fund may not be designated as to the specific program for which they will be used.
20-3-384. (a) The authority is authorized to establish a corporation to administer the fund. Any subsidiary corporation created pursuant to this subsection shall be created pursuant to Chapter 3 of Title 14, the 'Georgia Nonprofit Corporation Code,' and the Secretary of State shall be authorized to accept any such filing. Upon dissolution ofany subsidiary corporation ofthe authority created pursuant to this subsection, any assets shall revert to the authority or to any successor to the authority or, failing such succession, to the State of Georgia. The authority shall not be liable for the debts or obligations or bonds of any subsidiary corporation or for the actions or omissions to act of any subsidiary corporation unless the authority expressly so consents. (b) Any corporation established pursuant to subsection (a) of this Code section, through the authority, is authorized to enter into contracts with civil legal aid organizations or the employees of such organizations and public defender organizations or the employees of such organizations for the purpose of providing education loan forgiveness in consideration of such organizations' contributions and commitment to providing legal services to low-income civil clients or indigent criminal defendants of this state. (c) In order for attorneys employed by civil legal aid organizations and public defender organizations to participate, such organizations must contract with the authority and promise to provide the civil legal aid services or public defender services for the period of time for which an assisted employee is obligated or some other period determined by the authority.
20-3-385. (a) The fund shall be used by the authority to assist in the repayment of any education loan owed by an individual who is:
(1) An assistant district attorney, an assistant solicitor-general, or an assistant solicitor; (2) A civil legal aid attorney; (3) A public defender; or

1118______GENERAL ACTS AND RESOLUTIONS, VOL. I________
(4) An Office of Legislative Counsel attorney or a State Law Department attorney. (b) The authority shall establish four separate programs to assist each of the four categories of recipients identified in subsection (a) of this Code section and shall account separately for the funding of each program. Any state appropriation of funds shall separately identify the amount of funds appropriated for each program. Private donations and any other funds available for such programs shall be allocated between such programs by the authority.
20-3-386. (a) Beginning the seventh month that an attorney is employed in one of the positions listed in Code Section 20-3-385, the authority may distribute education loan repayment assistance for the attorney in an amount not to exceed $600.00 per month or the attorney's monthly debt service at the time the initial payments on the loan commenced, whichever is smaller except as otherwise provided in Code Section 20-3-387. The attorney may also elect to receive an amount less than the maximum amount authorized and less than the attorney's monthly debt service. (b) As a condition of receipt of the loan forgiveness provided for in subsection (a) of this Code section, the attorney shall enter into a contract with the authority providing that the attorney will remain employed in one of the capacities specified in subsection (a) of Code Section 20-3-385 for one month after receipt of the attorney's last monthly installment of such assistance for each month for which such assistance was received up to a maximum of 18 months. If the attorney receives the maximum amount authorized, the attorney shall remain employed in such capacity for 18 months after receipt of the last monthly installment. If the attorney receives a lesser amount of education loan repayment assistance than the maximum amount authorized, the employment commitment shall be decreased proportionately, as determined by the authority; provided, however, the authority may release the attorney from such obligation if it is demonstrated to the satisfaction of the authority that such attorney is unable to obtain employment in said specified capacities. (c) In the event that the attorney breaches the conditions of the contract with the authority, all moneys distributed by the authority under the contract during the 18 months immediately preceding the month in which the breach occurs shall at once become due and payable to the authority in cash with interest at a rate to be set by the authority. (d) The authority shall attempt to operate in such a manner as to qualify for the tax benefits provided in 26 U. S. C. A. Section 108. (e) Nothing in this subpart shall preclude the obligations of the attorney to repay his or her student loan by cash or by service.

____________GEORGIA LAWS 2002 SESSION__________1119
20-3-387. (a) No entitlement to funds is created by this subpart. Eligibility for education loan forgiveness shall be dependent on funding through appropriations, as well as all other conditions of eligibility, as determined by the authority. (b) In the event funds available to the authority for any of the programs listed in Code Section 20-3-385 are not sufficient for the full education loan forgiveness prescribed by the General Assembly, education loan forgiveness payable on behalf of the individuals in that program shall be reduced by the authority on a pro rata basis. (c) In the event sufficient funds are available to the authority, the authority is authorized to increase the amount of the education loan forgiveness available to individuals in the programs listed in Code Section 20-3-385."
SECTION 2. Said part is further amended by striking in its entirety subsection (b) of Code Section 20-3-311, relating to legislative findings and purpose of the Georgia Student Finance Authority, and inserting in its place the following:
"(b) The purposes of the authority shall be to improve higher educational opportunities by providing educational scholarship, grant, and loan assistance and to further other public purposes by loan forgiveness programs in specified circumstances, all as prescribed and as provided for in this part."
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.
Approved May 15, 2002.
LABOR AND INDUSTRIAL RELATIONS - EMPLOYMENT SECURITY AND ENHANCEMENT ACT OF 2002; ALTERNATIVE BASE PERIOD; DEDUCTIBLE EARNINGS; EMPLOYER CONTRIBUTIONS; WEEKLY BENEFIT AMOUNTS.
Code Sections 34-8-21, 34-8-30, 34-8-155, 34-8-156, and 34-8-193 Amended.
No. 915 (House Bill No. 342).
AN ACT
To be known as the "Employment Security and Enhancement Act of 2002"; to amend Chapter 8 of Title 34 of the Official Code of Georgia Annotated, relating to employment security, so as to change the provisions relating to the base period and

1120_____GENERAL ACTS AND RESOLUTIONS, VOL. I________
the determination thereof; to change the provisions relating to deductible earnings; to provide for definitions; to change the provisions relating to benefit experience and variations from the standard rate of employer contributions during certain periods; to change the provisions relating to the State-wide Reserve Ratio and reductions in tax rate; to change certain time periods; to change the provisions relating to determination of the weekly benefit amount and weekly allowable earnings; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. This Act shall be known and may be cited as the "Employment Security and Enhancement Act of 2002."
SECTION 2. Chapter 8 of Title 34 of the Official Code of Georgia Annotated, relating to employment security, is amended by striking Code Section 34-8-21, relating to the base period, and inserting in lieu thereof the following:
"34-8-21. (a) Except as provided in subsection (b) of this Code section, as used in this chapter, the term 'base period' means the first four of the last five completed calendar quarters immediately preceding the first day of an individual's benefit year; provided, however, that, in the case of a combined wage claim under Code Section 34-8-80, the base period shall be that applicable under the unemployment compensation law of the paying state. (b) If an individual does not have sufficient wages to qualify for benefits under the definition of base period in subsection (a) of this Code section, then his or her base period shall be calculated using the last four completed quarters immediately preceding the first day of the individual's benefit year. Such base period shall be known as the 'alternative base period.' Applicants shall receive written notice of the alternative base period. Implementation of the alternative base period shall commence on January 1, 2003, and shall conclude and terminate on June 30,2004. Implementation of the alternative base period under this subsection shall be under such terms and conditions as the Commissioner may prescribe by rules and regulations. All benefit payments made under this subsection shall be paid exclusively from amounts credited to the account of this state in the Unemployment Trust Fund by the secretary of the treasury of the United States pursuant to Section 903 of the federal Social Security Act, as amended by the Job Creation and Worker Assistance Act of 2002 (P.L. 107-147)."
SECTION 3. Said chapter is further amended by striking Code Section 34-8-30, relating to deductible earnings, and inserting in lieu thereof the following:

__________GEORGIA LAWS 2002 SESSION________1121

"34-8-30.
As used in this chapter, the term 'deductible earnings' means all money in excess of $30.00 each week earned by a claimant for services performed, whether or not received by such claimant. For claims filed on or after July 1, 2002, the term 'deductible earnings' means all money in excess of $50.00 each week earned by a claimant for services performed, whether or not received by such claimant. Deductible earnings shall be subtracted from the weekly benefit amount of the claim."

SECTION 4. Said chapter is further amended by striking subsection (f) of Code Section 34-8-155, relating to benefit experience and variations from standard rate of employer contributions during certain periods, and inserting in lieu thereof the following:
"(f)(l) Subject to the provisions of paragraph (2) of this subsection, contribution rates for experience rated employers for the time periods:
(A) January 1, 2000, to December 31, 2000; (B) January 1, 2001, to December 31, 2001; (C) January 1, 2002, to December 31, 2002; and (D) January 1, 2003, to December 31, 2003; shall not be imposed above the level of 1.0 percent of statutory contribution rates. (2) The Governor shall have authority to suspend by executive order any future portion of the reduction in calculated rates provided for in paragraph (1) of this subsection in the event the Governor determines, upon the recommendation of the Commissioner, that suspension of said reduction is in the best interests of the State of Georgia."

SECTION 5. Said chapter is further amended by striking subparagraph (d)(4)(B) ofCode Section 34-8-156, relating to the State-wide Reserve Ratio, and inserting in lieu thereof the following:
"(B) Except for any year or portion of a year during which the provisions of paragraph (1) of subsection (f) of Code Section 34-8-155 apply, when the State-wide Reserve Ratio, as calculated above, is less than 1.7 percent, there shall be an overall increase in the rate, as of the computation date, for each employer whose rate is computed under a rate table in Code Section 34-8-155 in accordance with the following table:
If the State-wide Reserve Ratio:

Equals or Exceeds

But Is Less Than

Overall Increase

1.5 percent

1.7 percent

25 percent

1122_____GENERAL ACTS AND RESOLUTIONS, VOL. I

1 .25 percent

1.5 percent

50 percent

0.75 percent

1.25 percent

75 percent

Under 0.75 percent

100 percent

provided, however, that for the period of January 1 through December 31, 2003, the overall increase in the rate required under this subparagraph shall be suspended and the provisions of this subparagraph shall be null and void."

SECTION 6. Said chapter is further amended by striking Code Section 34-8-193, relating to determination ofthe weekly benefit amount, and inserting in its place the following:
"34-8-193.
(a) The weekly benefit amount of an individual's claim shall be that amount computed by dividing the two highest quarters of wages paid in the base period by 46. Any fraction of a dollar shall then be disregarded. Wages must have been paid in at least two quarters of the base period and total wages in the base period must equal or exceed 150 percent of the highest quarter base period wages. For claims that fail to establish entitlement due to failure to meet the 150 percent requirement, an alternative computation shall be made. In such event, the weekly benefit amount shall be computed by dividing the highest single quarter of base period wages paid by 23. Any fraction of a dollar shall then be disregarded. Under this alternative computation, wages must have been paid in at least two quarters of the base period and total base period wages must equal or exceed 40 times the weekly benefit amount. Regardless ofthe method ofcomputation used, wages must have been paid for insured work, as defined in Code Section 34-8-41. (b) Weekly benefit amount entitlement as computed in this Code section shall be no less than $27.00 per week for benefit years beginning on or after July 1, 1983; provided, however, that for benefit years beginning on or after July 1, 1987, when the weekly benefit amount, as computed, would be more than $26.00 but less than $37.00, the individual's weekly benefit amount will be $37.00, and no weekly benefit amount shall be established for less than $37.00; provided, further, that for benefit years beginning on or after July 1,1997, when the weekly benefit amount, as computed, would be more than $26.00 but less than $39.00, the individual's weekly benefit amount will be $39.00, and no weekly benefit amount shall be established for less than $39.00; provided, further, that for benefit years beginning on or after July 1, 2002, when the weekly benefit amount, as computed, would be more than $26.00 but less than $40.00, the individual's weekly benefit amount will be $40.00, and no weekly benefit amount shall be established for less than $40.00. (c) Weekly benefit amount entitlement as computed in this Code section shall not exceed these amounts for the applicable time period:
(1) For claims filed on or after July 1, 1990, but before July 1, 1994, the maximum weekly benefit amount shall not exceed $185.00;

___________GEORGIA LAWS 2002 SESSION________1123
(2) For claims filed on or after My 1, 1994, but before July 1, 1995, the maximum weekly benefit amount shall not exceed $195.00; (3) For claims filed on or after July 1, 1995, but before July 1, 1996, the maximum weekly benefit amount shall not exceed $205.00; (4) For claims filed on or after July 1, 1996, but before July 1, 1997, the maximum weekly benefit amount shall not exceed $215.00; (5) For claims filed on or after July 1, 1997, but before July 1, 1998, the maximum weekly benefit amount shall not exceed $224.00; (6) For claims filed on or after July 1, 1998, but before July 1, 1999, the maximum weekly benefit amount shall not exceed $244.00; (7) For claims filed on or after July 1, 1999, but before July 1, 2000, the maximum weekly benefit amount shall not exceed $264.00; (8) For claims filed on or after July 1, 2000, but before July 1, 2001, the maximum weekly benefit amount shall not exceed $274.00; (9) For claims filed on or after July 1, 2001, but before July 1, 2002, the maximum weekly benefit amount shall not exceed $284.00; (10) For claims filed on or after July 1, 2002, but before July 1, 2003, the maximum weekly benefit amount shall not exceed $295.00; and (11) For claims filed on or after July 1, 2003, the maximum weekly benefit amount shall not exceed $300.00. (d) The maximum benefits payable to an individual in a benefit year shall be the lesser of 26 times the weekly benefit amount or one-fourth of the base period wages. If the amount computed is not a multiple of the weekly benefit amount, the total will be adjusted to the nearest multiple of the weekly benefit amount. The duration of benefits shall be extended in accordance with Code Section 34-8-197. (e)(l) An otherwise eligible individual shall be paid the weekly benefit amount, less gross earnings in excess of $30.00, payable to the individual applicable to the week for which benefits are claimed. Such remaining benefit, if not a multiple of $1.00, shall be computed to the nearest multiple of $1.00. Earnings of $30.00 or less will not affect entitlement to benefits. For the purpose of this subsection, jury duty pay shall not be considered as earnings. (2) For claims filed on or after July 1, 2002, an otherwise eligible individual shall be paid the weekly benefit amount, less gross earnings in excess of $50.00, payable to the individual applicable to the week for which benefits are claimed. Such remaining benefit, ifnot a multiple of$ 1.00, shall be computed to the nearest multiple of $1.00. Earnings of $50.00 or less will not affect entitlement to benefits. For the purpose of this paragraph, jury duty pay shall not be considered as earnings. (f)(l) The amount of unemployment compensation payable to an individual for any week which begins in a period with respect to which such individual is receiving a governmental or other pension, retirement or retired pay, annuity, or any other similar periodic payment which is based on the previous work of such individual shall be reduced by an amount equal to the amount of such pension, retirement or retired pay, annuity, or other payment which is

1124_____GENERAL ACTS AND RESOLUTIONS, VOL. I_______
reasonably attributable to such week. Such remaining benefit, if not a multiple of $1.00, shall be computed to the nearest multiple of $1.00. (2) The requirements of this subsection shall apply to any pension, retirement or retired pay, annuity, or other similar periodic payment only if:
(A) Such pension, retirement or retired pay, annuity, or similar payment is under a plan maintained or contributed to by a base-period employer or chargeable employer as determined under applicable law; and (B) Payments for services performed for such employer by the individual after the beginning of the base period affect eligibility for or increase the amount of such pension, retirement or retired pay, annuity, or similar payment, except in the case of pensions paid under the federal Social Security Act, the Railroad Retirement Act of 1974, or the corresponding provisions of prior law. (3) The Commissioner shall take into consideration the amount contributed by the individual for the pension, retirement or retired pay, annuity, or other similar periodic payment and shall limit such reduction based on the percent share contributed by such individual. An individual who, while working, contributed 50 percent or more toward such plan shall not be subject to a reduction in the weekly benefit amount of the claim. (g) Between the filing of one benefit year claim and the filing of another benefit year claim, an individual must have performed services in bona fide employment and earned insured wages for such services. These wages for insured work must equal or exceed ten times the weekly benefit amount of the new claim in order to establish entitlement. (h) The wage credits and benefit rights of persons who entered the armed services of the United States during a national emergency are preserved for the period of their actual service and six months thereafter in accordance with regulations of the Commissioner."
SECTION 7. All laws and parts of laws in conflict with this Act are repealed.
Approved May 15, 2002.

____________GEORGIA LAWS 2002 SESSION__________1125
PROFESSIONS AND BUSINESSES - ATHLETIC TRAINERS; QUALIFICATIONS AND LICENSING.
Code Sections 43-5-7 and 43-5-8 Amended.
No. 916 (House Bill No. 1083).
AN ACT
To amend Chapter 5 ofTitle 43 ofthe Official Code ofGeorgia Annotated, relating to athletic trainers, so as to change the provisions relating to licensing, licenses, and requirements for licenses; to change the provisions relating to qualifications for applicants; 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 43 of the Official Code of Georgia Annotated, relating to athletic trainers, is amended by striking Code Section 43-5-7, relating to license requirements for persons engaged as athletic trainers, and inserting in its place the following:
"43-5-7. No person shall hold himself or herself out as an athletic trainer or perform, for compensation, any of the activities of an athletic trainer, as defined in this chapter, without first obtaining a license under this chapter; provided, however, that nothing in this chapter shall be construed to prevent any person from serving as a student-trainer, assistant-trainer, or any similar position if such service is not primarily for compensation and is carried out under the supervision of a physician or a licensed athletic trainer."
SECTION 2. Said chapter is further amended by striking Code Section 43-5-8, relating to qualifications of applicants and reciprocity, and inserting in its place the following:
"43-5-8. (a) An applicant for an athletic trainer's license must have met the athletic training curriculum requirements ofa college or university approved by the board and give proof of graduation. (b) The board shall be authorized to grant a license, without examination, to any qualified athletic trainer holding a license in another state if such other state recognizes licensees of this state in the same manner. (c) The board may grant a license without examination to any qualified applicant who holds a certification from the National Athletic Trainers Board of Certification.

1126_____GENERAL ACTS AND RESOLUTIONS, VOL. I_______
(d) Any person who was issued a license prior to July 1, 2004, shall remain qualified for licensure, notwithstanding the requirement for proof of graduation in subsection (a) of this Code section, so long as the license remains current."
SECTION 3. This Act shall become effective on July 1, 2004.
SECTION 4. All laws and parts of laws in conflict with this Act are repealed.
Approved May 15,2002.
CONSERVATION AND NATURAL RESOURCES FOREST RESOURCES; NOTICE OF HARVESTING
AND HANDLING OPERATIONS TO LOCAL GOVERNMENT; OBSTRUCTION OF PUBLIC ROADS;
Code Sections 32-4-42, 32-4-92, 32-6-1, and 32-6-28 Amended.
Code Section 12-6-24 Enacted.
No. 917 (House Bill No. 1154).
AN ACT
To amend Article 1 of Chapter 6 of Title 12 of the Official Code of Georgia Annotated, relating to forest resources, so as to redesignate certain provisions of said article; to provide that local governing authorities may by ordinance require notice of certain timber harvesting operations; to prescribe the content of such notice and related procedures; to provide for certain bonds or letters of credit; to provide penalties for violations; to prohibit local governing authorities from imposing other notice, security, or permit requirements for timber harvesting or forest products hauling operations; to amend Title 32 of the Official Code of Georgia Annotated, relating to highways, bridges, and ferries, so as to change certain provisions relating to powers of counties; to change certain provisions relating to powers of municipalities; to change certain provisions relating to obstructing, encroaching on, or injuring public roads; to change certain provisions relating to permits for excess weight and dimensions of vehicles and loads; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

____________GEORGIA LAWS 2002 SESSION__________1127
SECTION 1. Article 1 of Chapter 6 of Title 12 of the Official Code of Georgia Annotated, relating to forest resources, is amended by designating Code Section 12-6-23, relating to wood load ticket required for wood removal, form, and exceptions, as a new Part 1A of said article and by adding to said new part a new Code Section 12-6-24 to read as follows:
"12-6-24.
(a)( 1) A county governing authority may by ordinance or resolution require all persons or firms harvesting standing timber in any unincorporated area of such county for delivery as pulpwood, logs, poles, posts, or wood chips to any woodyard or processing plant located inside or outside this state to provide notice of such harvesting operations to the county governing authority or the designated agent thereof prior to cutting any such timber. (2) A municipal governing authority may by ordinance or resolution require all persons or firms harvesting standing timber in any incorporated area of such municipality for delivery as pulpwood, logs, poles, or wood chips to any woodyard or processing plant located inside or outside this state to provide notice of such harvesting operations to the municipal governing authority or the designated agent thereof prior to cutting any such timber, (b) Any ordinance or resolution adopted pursuant to subsection (a) of this Code section shall conform to the following requirements: (1) Prior written notice shall be required of any person or firm harvesting such timber for each separate tract to be harvested thereby, shall be in such form as prescribed by rule or regulation of the director, and shall consist of:
(A) A map of the area which identifies the location of the tract to be harvested and, as to those trucks which will be traveling to and from such tract for purposes of picking up and hauling loads of cut forest products, the main point of ingress to such tract from a public road and, if different, the main point of egress from such tract to a public road; (B) A statement as to whether the timber will be removed pursuant to a lump sum sale, per unit sale, or owner harvest for purposes of ad valorem taxation under Code Section 48-5-7.5; (C) The name, address, and daytime telephone number of the timber seller if the harvest is pursuant to a lump sum or per unit sale or of the timber owner if the harvest is an owner harvest; and (D) The name, business address, business telephone number, and nighttime or emergency telephone number of the person or firm harvesting such timber; (2) Notice may be submitted in person, by transmission ofan electronic record via telefacsimile or such other means as approved by the governing authority, or by mail; (3) The governing authority may require persons or firms subject to such notice requirement to deliver a bond or letter of credit as provided by this paragraph, in which case notice shall not be or remain effective for such harvesting operations unless and until the person or firm providing such notice

1128______GENERAL ACTS AND RESOLUTIONS, VOL. I________
has delivered to the governing authority or its designated agent a valid surety bond, executed by a surety corporation authorized to transact business in this state, protecting the county or municipality, as applicable, against any damage caused by such person or firm in an amount specified by the governing authority not exceeding $5,000.00 or, at the option of the person or firm harvesting timber, a valid 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 such bond. For purposes of this paragraph, any such surety bond or letter of credit shall be valid only for the calendar year in which delivered; (4) Notice shall be effective for such harvesting operation on such tract within such unincorporated area of the county or incorporated area of the municipality upon receipt of the same by the applicable governing authority or its designated agent and, if applicable, compliance with the requirements of paragraph (3) of this subsection and until such time as the person or firm giving such notice has completed the harvesting operation for such tract; provided, however, that any subsequent change in the facts required to be provided for purposes of such notice shall be reported to the governing authority or its designated agent within three business days after such change; (5) Notice requirements shall be applicable to any such timber harvested on or after the effective date of the ordinance or resolution adopted pursuant to this Code section; and (6) Violation ofthe notice requirements ofany ordinance or resolution adopted pursuant to this Code section shall be punishable by a fine not exceeding $500.00. (c) The director shall promulgate such rules and regulations as are reasonable and necessary for purposes of the standard form required by paragraph (1) of subsection (b) of this Code section. (d) Any municipal governing authority or designated agent thereof which receives a notice required by ordinance or resolution adopted pursuant to this Code section regarding timber harvesting operations to be conducted in whole or in part within the corporate limits of such municipality shall transmit a copy of such notice to the governing authority of the county or the designated agent thereof. (e)( 1) No county, municipality, or other political subdivision in this state shall require any person or firm harvesting standing timber therein for delivery as pulpwood, logs, poles, posts, or wood chips to any woodyard or processing plant located inside or outside this state to provide any notice of or plan or security for such harvesting or hauling of forest products except as provided by this Code section. (2) No county, municipality, or other political subdivision in this state shall require any person or firm harvesting standing timber therein for delivery as pulpwood, logs, poles, posts, or wood chips to any woodyard or processing plant located inside or outside this state to obtain any permit for such harvesting or hauling of forest products, including without limitation any

____________GEORGIA LAWS 2002 SESSION___________1129
permit for any new driveway in connection with timber harvesting operations; provided, however, that this paragraph shall not otherwise limit the authority of a county or municipality to regulate roads or streets under its jurisdiction in accordance with Title 32."
SECTION 2. Title 32 of the Official Code of Georgia Annotated, relating to highways, bridges, and ferries, is amended by striking paragraph (10) of Code Section 32-4-42, relating to powers of counties, and inserting in lieu thereof the following:
"(10) In addition to the powers specifically delegated to it in this title and except as otherwise provided by Code Section 12-6-24, a county shall have the authority to adopt and enforce rules, regulations, or ordinances; to require permits; and to perform all other acts which are necessary, proper, or incidental to the efficient operation and development of the county road system; and this title shall be liberally construed to that end. Any power vested in or duty placed on a county but not implemented by specific provisions for the exercise thereof may be executed and carried out by a county in a reasonable manner subject to such limitations as may be provided by law; and"
SECTION 3. Said title is further amended by striking paragraph (7) of subsection (a) of Code Section 32-4-92, relating to powers of municipalities, and inserting in lieu thereof the following:
"(7) Except as otherwise provided by Code Section 12-6-24, a municipality may regulate and control the use of the public roads on its municipal street system and on portions of the county road systems extending within the corporate limits of the municipality. Any municipality may regulate the parking of vehicles on any such roads in order to facilitate the flow of traffic and to this end may require and place parking meters on or immediately adjacent to any or all of such roads for the purpose of authorizing timed parking in designated spaces upon the payment of a charge for such privilege. A municipality also may place such parking meters on or adjacent to any public road on the state highway system located within the corporate limits of the municipality when authorized by the department pursuant to Code Section 32-6-2;"
SECTION 4. Said title is further amended by striking Code Section 32-6-1, relating to obstructing, encroaching on, or injuring public roads, and inserting in lieu thereof the following:
"32-6-1. (a) It shall be unlawful for any person to obstruct, encroach upon, solicit the sale of any merchandise on, or injure materially any part of any public road. For purposes ofthis Code section, the term 'obstruct' shall include without limitation the causing of any buildup of rock, gravel, mud, dirt, chemicals, or other

1130_____GENERAL ACTS AND RESOLUTIONS, VOL. I_________
materials by continued ingress or egress of vehicles or of any natural waters dammed or redirected by diversion to an extent which presents a hazard to the traveling public. (b) Any person who unlawfully obstructs, encroaches upon, or injures said public road shall be responsible for reimbursing the Department of Transportation or the applicable local governing authority in the case of a road which is part of a county road system or municipal street system for the costs of removal of said obstructions or encroachments and the costs of repairs to the public road incurred by such department or local governing authority, including any costs associated with traffic management; provided, however, that such costs shall be limited to those costs which are directly incurred from such damages. Costs incurred for traffic management may include, but not be limited to, costs incurred for flagging, signing, or provision of detours, provided that these activities are directly caused by the obstruction, encroachment, or injury to the public road system. The court may, in addition to any other sentence authorized by law, order a person convicted of violating this Code section to make such restitution for the offense. (c) Nothing in this Code section shall abridge or limit any authority provided by law for the installation and operation of vending machines at welcome centers, tourist centers, and safety rest areas. Nothing in this Code section shall limit in any way the department's authority to lease property to state or federal agencies, counties, or municipalities as provided for in Code Section 32-7-5, or limit the Department of Transportation's ability to grant a license to any utility or railroad corporation as defined in Code Section 46-1-1."
SECTION 5. Said title is further amended in subsection (b) of Code Section 32-6-28, relating to permits for excess weight and dimensions of vehicles and loads, by inserting a new paragraph to read as follows:
"(2.1) SIX-MONTH PERMIT. Six-month permits may be issued for loads of tobacco or unginned cotton the widths of which do not exceed nine feet, provided that such loads shall not be operated on The Dwight D. Eisenhower System of Interstate and Defense Highways."
SECTION 6. Said title is further amended in subsection (c) of said Code Section 32-6-28 by striking paragraph (3) and inserting in lieu thereof the following:
"(3) Six MONTHS. The charges for the issuance of six-month permits for loads of tobacco or unginned cotton shall be $25.00 per permit."
SECTION 7. All laws and parts of laws in conflict with this Act are repealed.
Approved May 15, 2002.

____________GEORGIA LAWS 2002 SESSION__________1131
RETIREMENT AND PENSIONS - PUBLIC SCHOOL EMPLOYEES RETIREMENT SYSTEM; INCREASE BENEFIT AMOUNTS.
Code Section 47-4-101 Amended.
No. 918 (Senate Bill No. 138).
AN ACT
To amend Code Section 47-4-101 of the Official Code of Georgia Annotated, relating to retirement benefits payable upon normal, early, or delayed retirement under the Public School Employees Retirement System, so as to increase the maximum benefit; to provide conditions for an effective date and automatic repeal; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Code Section 47-4-101 of the Official Code of Georgia Annotated, relating to retirement benefits payable upon normal, early, or delayed retirement under the Public School Employees Retirement System, is amended by striking in its entirety subsection (b) and inserting in lieu thereof the following:
"(b) Upon retirement on the normal retirement date, a member shall receive a monthly retirement benefit, payment of which shall commence on the effective date of retirement and which shall be payable on the first day of each month thereafter during the member's lifetime. The amount of each monthly retirement payment shall be $15.00 multiplied by the number of the member's years of creditable service. The retirement benefit provided under this subsection shall be payable to those members who have already retired under this chapter as well as those members who retire in the future. If the General Assembly at any time appropriates some but not all of the funds necessary to fund the retirement benefits provided for in this subsection, then the retirement benefit otherwise payable under this subsection shall be reduced pro rata by the board in accordance with the funds actually appropriated by the General Assembly for such purpose, but in no event shall the retirement benefit be less than $12.00 multiplied by the member's years of creditable service."
SECTION 2. This Act shall become effective on July 1, 2002, only if it is determined to have been concurrently funded as provided in Chapter 20 ofTitle 47 ofthe Official Code of Georgia Annotated, the "Public Retirement Systems Standards Law"; otherwise, this Act shall not become effective and shall be automatically repealed in its entirety on July 1, 2002, as required by subsection (a) of Code Section 47-20-50.

1132_____GENERAL ACTS AND RESOLUTIONS, VOL. I
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.
Approved May 15, 2002.
HEALTH - AWARD OF GRANT FUNDS TO CERTIFIED RURAL HOSPITALS BY DEPARTMENT OF COMMUNITY HEALTH AUTHORIZED.
Code Sections 31-5A-4, 31-7-94, and 31-7-94.1 Amended.
No. 919 (Senate Bill No. 442).
AN ACT
To amend Title 31 of the Official Code of Georgia Annotated, relating to health, so as to authorize the Department of Community Health to award grants, as funds become available, to certified rural hospitals for public health purposes; to provide for the Department of Community Health to promulgate rules and regulations for effective administration ofsuch grants; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Title 31 of the Official Code of Georgia Annotated, relating to health, is amended in subsection (f) of Code Section 31-5A-4, relating to the department's powers, duties, functions, and responsibilities, divisions, directors, the Office of Women's Health, and contracts for health benefits, by striking the word "and" at the end of paragraph (6), by striking the period at the end of paragraph (7) and inserting in lieu thereof the word and symbol"; and", and by adding a new paragraph (8) to read as follows:
"(8) Is authorized to award grants, as funds are available, to hospital authorities and hospitals for public health purposes, pursuant to Code Sections 31-7-94 and 31-7-94.1."
SECTION 2. Said title is further amended by striking Code Section 31 -7-94, relating to grants to hospital authorities, and inserting in its place the following:
"31-7-94. The state is authorized to make grants, as funds are available, to hospital authorities for public health purposes, provided that any funds so granted shall be distributed to and among the various public hospital authorities in the state in

____________GEORGIA LAWS 2002 SESSION__________1133
proportion to the number of hospital beds operated by each such hospital authority at the end of the calendar year preceding the grant. Funds shall be distributed to public hospitals operated by consolidated governments in the same manner as to authority hospitals prescribed in this Code section. Grants made by the state pursuant to this Code section shall be administered by the Department ofCommunity Health in accordance with such rules, regulations, and procedures as it shall deem necessary for effective administration of such grants."
SECTION 3. Said title is further amended by striking Code Section 31-7-94.1, relating to certification of rural hospitals for grant eligibility and rules and regulations relative to the "Rural Hospital Authorities Assistance Act," and inserting in its place the following:
"31-7-94.1.
(a) This Code section shall be known and may be cited as the 'Rural Hospital Assistance Act.' (b) The General Assembly finds that hospital authorities are created under Code Section 31-7-72 in and for each county and municipal corporation of the state in order to promote public health goals of the state. The General Assembly further finds that many hospitals in rural counties, whether or not they are owned or operated by hospital authorities, are in desperate financial straits. In order to preserve the availability of primary health care services provided by such hospitals to residents ofrural counties, the General Assembly has determined that a program of state grants is necessary and recommends funds be made available to such hospitals. These grants will be conditioned upon those hospitals continuing to furnish essential health care services to residents in their areas of operation as well as engaging in the long-range planning and any restructuring which may be required for those hospitals to survive by devising cost-effective and efficient health care systems for meeting local health care needs. (c) As used in this Code section, the term:
(1) 'Department of Community Health' means the Department of Community Health created under Chapter 5A of this title. (2) 'Hospital' means an institution which has a permit as a hospital issued under this chapter. (3) 'Rural county' means a county having a population of less than 35,000 according to the United States decennial census of 1990 or any future such census. (4) 'Rural hospital' means a hospital which has been certified by the Department of Community Health as:
(A) Being located in a rural county; (B) Participating in both Medicaid and medicare and accepting both Medicaid and medicare patients; (C) Providing health care services to indigent patients; and (D) Maintaining a 24 hour emergency room.

1134_____GENERAL ACTS AND RESOLUTIONS, VOL. I________
(d) A rural hospital may apply for a grant available under subsection (e) of this Code section if it has been certified by the Department of Community Health as:
(1) A rural hospital; (2) Having submitted a grant application which includes:
(A) A problem statement indicating the problem the rural hospital proposes to solve with the grant funds; (B) The goals of the proposed solution; (C) The organizational structure, financial system, and facilities that are essential to the proposed solution; (D) The projected longevity of the proposed solution after the grant funds are expended; (E) Evidence of collaboration with other community health care providers in achieving the proposed solution; (F) Evidence that funds for the proposed solution are not available from another source; (G) Evidence that the grant funds would assist in returning the hospital to an economically stable condition or that any plan for closure or realignment of services involves development of innovative alternatives for the discontinued services; (H) Evidence of a satisfactory record-keeping system to account for grant fund expenditures within the rural county; (I) A community health survival plan describing how the plan was developed, the goals ofthe plan, the links with existing health care providers under the plan, the implementation process including quantification of indicators ofthe hospital's financial well-being, measurable outcome targets, and the current condition of such hospital; and (J) Such additional evidence as the Department of Community Health may require to demonstrate the feasibility of the proposed solution for which grant funds are sought. (e) Notwithstanding the provisions of Code Section 31-7-94, the Department of Community Health is authorized to make grants to rural hospitals certified as meeting the requirements of subsection (d) of this Code section. Grants to rural hospitals owned or operated by hospital authorities may be for any of the following purposes: (1) Infrastructure development, including, without being limited to, facility renovation or equipment acquisition; provided, however, that the amount granted to any qualified hospital may not exceed the expenditure thresholds that would constitute a new institutional health service requiring a certificate of need under Chapter 6 of this title and the grant award may be conditioned upon obtaining local matching funds; (2) Strategic planning, including, without being limited to, strategies for personnel retention or recruitment, development of an emergency medical network, or the development of a collaborative and integrated health care delivery system with other health care providers, and the grant award may be conditioned upon obtaining local matching funds for items such as

____________GEORGIA LAWS 2002 SESSION__________1135
telemedicine, billing systems, and medical records. For the purposes of this paragraph, the maximum grant to any grantee shall be $200,000.00; (3) Nontraditional health care delivery systems, excluding operational funds and purposes for which grants may be made under paragraph (1) or (2) of this subsection. For the purposes of this paragraph, the maximum grant to any grantee shall be $1.5 million; or (4) The provision of 24 hour emergency room services open to the general public. Any grants to certified rural hospitals which are not owned or operated by hospital authorities shall be limited to the purpose described in paragraph (4) of this Code section. (f) In awarding grants under this Code section, the Department of Community Health may give priority to any otherwise eligible rural hospital which meets the definition of a 'necessary provider' as specified in the state's 'Rural Healthcare Plan'of May, 1998. (g) The Department of Community Health shall be authorized to certify rural hospitals as provided in subsection (d) of this Code section and shall adopt regulations to implement its powers and duties under this Code section."
SECTION 4. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 5. All laws and parts of laws in conflict with this Act are repealed.
Approved May 15, 2002.
MILITARY, EMERGENCY MANAGEMENT, AND VETERANS AFFAIRS - DEPARTMENT OF VETERANS SERVICE; OPERATION OF ADDITIONAL GEORGIA VETERANS CEMETERIES.
Code Title 38, Chapter 4, Article 2, Part 3 Amended.
No. 920 (Senate Bill No. 460).
AN ACT
To amend Part 3 of Article 2 of Chapter 4 of Title 38 of the Official Code of Georgia Annotated, relating to the Georgia Veterans Cemetery, so as to provide that the Department ofVeterans Service may establish, operate, and maintain additional

1136______GENERAL ACTS AND RESOLUTIONS, VOL. I_______
Georgia veterans cemeteries in this state; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Part 3 of Article 2 of Chapter 4 of Title 38 of the Official Code of Georgia Annotated, relating to the Georgia Veterans Cemetery, is amended by striking said part in its entirety and inserting in lieu thereof a new Part 3 to read as follows:
"Part 3
38-4-70. (a) The Department of Veterans Service is authorized to establish, operate, and maintain Georgia veterans cemeteries in this state; provided, however, that the Georgia veterans cemetery in existence on July 1, 2002, shall be known as the 'Georgia Veterans Memorial Cemetery.' (b) The Department of Veterans Service has the primary responsibility for verifying eligibility for interment in a Georgia veterans cemetery. Eligibility criteria for interment in a Georgia veterans cemetery is the same as required for interment in a national cemetery as provided by federal law and rules and regulations applicable thereto; provided, however, that to be eligible for interment a veteran must have been a legal resident of Georgia for two years immediately prior to his or her death.
38-4-71. (a) Each Georgia veterans cemetery shall be under the control and administration of the Department of Veterans Service. (b) Applications for interment in a Georgia veterans cemetery shall be processed in accordance with rules and regulations promulgated by the Department of Veterans Service.
38-4-72. The Department of Veterans Service is designated as the agency of this state to receive federal aid under Title 38 U.S.C., as amended, and is authorized and directed to receive funds from the United States Department of Veterans Affairs or any other agency of the United States authorized to grant or expend funds to assist a state in establishing, operating, and maintaining a veterans cemetery. The Department of Veterans Service is authorized to receive gifts, contributions, bequests, and individual reimbursements from any source, the receipt of which shall not exclude any other source of revenue. All funds received by the Department of Veterans Service pursuant to this Code section shall be expended to establish, operate, and maintain veterans cemeteries in this state. The Department of Veterans Service is authorized to employ such personnel as it may deem necessary to carry out its duties and responsibilities under this part."

____________GEORGIA LAWS 2002 SESSION__________1137
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.
Approved May 15, 2002.
DOMESTIC RELATIONS - SAFE PLACE FOR NEWBORNS ACT.
Code Title 19, Chapter 10A Enacted.
No. 921 (House Bill No. 360).
AN ACT
To amend Title 19 of the Official Code of Georgia Annotated, relating to domestic relations, so as to provide for voluntary relinquishment of a newborn under certain circumstances; to provide for a short title; to provide for legislative intent; to provide that a mother who leaves a newborn child in the custody of an employee, agent, or staff member of a medical facility in specified circumstances shall not be prosecuted for specified crimes because ofsuch act; to provide for duties ofmedical facilities accepting a newborn child for inpatient admission and the Department of Human Resources; to provide for reimbursement for certain costs; to provide for civil and criminal immunity for medical facilities and their employees; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Title 19 of the Official Code of Georgia Annotated, relating to domestic relations, is amended by adding a new chapter to be designated Chapter 10A to read as follows:
"CHAPTER 10A
19-10A-1. This chapter shall be known and may be cited as the 'Safe Place for Newborns Act of 2002.'
19-10A-2. As used in this chapter, the term 'medical facility1 shall mean any licensed general or specialized hospital, institutional infirmary, health center operated by a county board of health, or facility where human births occur on a regular and ongoing basis which is classified by the Department of Human Resources as a birthing center, but shall not mean physicians' or dentists' private offices.

1138_____GENERAL ACTS AND RESOLUTIONS, VOL. I________
19-10A-3. It is the express purpose and intent of the General Assembly in enacting this chapter to prevent injuries to and deaths of newborn children that are caused by a mother who abandons the newborn.
19-10A-4. A mother shall not be prosecuted for the crimes of cruelty to a child, Code Section 16-5-70; contributing to the delinquency, unruliness, or deprivation of a child, Code Section 16-12-1; or abandonment ofa dependent child, Code Section 19-10-1, because of the act of leaving her newborn child in the physical custody of an employee, agent, or member of the staff of a medical facility who is on duty, whether there in a paid or volunteer position; provided that the newborn child is no more than one week old and the mother shows proof of her identity, if available, to the person with whom the newborn is left and provides her name and address.
19-10A-5. The Department of Human Resources shall investigate and report to the General Assembly as to children left with a medical facility pursuant to Code Section 19-10A-4, including in such report the desirability and cost effectiveness of a dedicated toll-free telephone line for providing information to and answering questions from the public and employees and staff members of medical facilities concerning the acts and consequences thereof contemplated in Code Section 19-10A-4.
19-10A-6. A medical facility which accepts for inpatient admission a child left pursuant to Code Section 19-10A-4 shall be reimbursed by the Department of Human Resources for all reasonable medical and other reasonable costs associated with the child prior to the child being placed in the care of the department. A medical facility shall notify the Department of Human Resources at such time as the child is left and at the time the child is medically ready for discharge. Upon notification that the child is medically ready for discharge, the Department of Human Resources shall take physical custody of the child within six hours. The Department of Human Resources upon taking physical custody shall promptly bring the child before the juvenile court as required by Code Section 15-11-47.
19-10A-7. Medical facilities and their employees, agents, and staff members shall not be liable for civil damages or subject to criminal prosecution for failure to discharge the duties provided for in this chapter. The immunity provided in this chapter shall in no way be construed as providing immunity for any acts of negligent treatment of the child taken into custody."

____________GEORGIA LAWS 2002 SESSION__________1139
SECTION 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.
Approved May 15,2002.
HEALTH - BREAST-FEEDING IN PUBLIC PLACES.
Code Section 31-1-9 Amended.
No. 922 (Senate Bill No. 221).
AN ACT
To amend Code Section 31-1-9 of the Official Code of Georgia Annotated, relating to the breast-feeding of babies, so as to change provisions relating to mothers who breast-feed in public places; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Code Section 31-1-9 of the Official Code of Georgia Annotated, relating to the breast-feeding of babies, is amended by striking said Code section in its entirety and inserting in lieu thereof the following:
"31-1-9. The breast-feeding of a baby is an important and basic act of nurture which should be encouraged in the interests of maternal and child health. A mother may breast-feed her baby in any location where the mother and.baby are otherwise authorized to be."
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.
Approved May 15, 2002.

1140______GENERAL ACTS AND RESOLUTIONS, VOL. I________
TORTS - CHILD PASSENGER SAFETY TECHNICIAN; LIABILITY.
Code Section 51-1-20.2 Enacted.
No. 923 (House Bill No. 1066).
AN ACT
To amend Chapter 1 of Title 51 of the Official Code of Georgia Annotated, relating to general provisions relative to torts, so as to provide for a limitation on the liability of certified child passenger safety technicians and sponsoring organizations; to provide for definitions; to provide for a standard of care; to provide for exceptions; to provide for other matters relative to the foregoing; to provide for applicability; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Chapter 1 of Title 51 of the Official Code of Georgia Annotated, relating to general provisions relative to torts, is amended by adding following Code Section 51-1-20.1, relating to liability of volunteers, employees, and officers, a new Code Section 51-1-20.2 to read as follows:
"51-1-20.2. (a) As used in this Code section, the term:
(1) 'Child passenger safety technician' means a person who holds a current certification as a child passenger safety technician or technician instructor by the National Highway Traffic Safety Administration of the United States Department of Transportation, the American Automobile Association, or other entity designated by the National Highway Traffic Safety Administration but specifically does not include any person who is an employee or agent of a manufacturer of child safety seats. (2) 'Child safety seat' means a seat as defined in paragraph (1) of subsection (b) of Code Section 40-8-76. (3) 'Sponsoring organization' means a person or organization other than a manufacturer of or an employee or agent of a manufacturer of child safety seats that:
(A) Offers or arranges for the public a nonprofit child safety seat educational program, checkup event, or fitting station program utilizing child passenger safety technicians; or (B) Owns property upon which a nonprofit child safety seat educational program, checkup event, or fitting station program for the public occurs utilizing child passenger safety technicians. (b) A child passenger safety technician or sponsoring organization shall not be liable to any person as a result of any act or omission that occurs solely in the

____________GEORGIA LAWS 2002 SESSION__________1141
inspection, installation or adjustment of a child safety seat, or in providing education regarding the installation or adjustment of a child safety seat if the child passenger safety technician or sponsoring organization provides the services without a fee and acts in good faith within the scope of training for which the technician is currently certified and unless the act or omission constitutes willful and wanton misconduct or gross negligence. (c) Nothing in this Code section shall be construed as affecting, modifying, or eliminating the liability of a manufacturer of a child safety seat or its employees or agents under any legal claim, including but not limited to product liability claims. (d) This Code section shall apply to any cause of action arising on or after July 1,2002."
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.
Approved May 15, 2002.
PROPERTY - TRAUMATIC BURN CARE MEDICAL PRACTICE; LIEN ON CAUSE OF ACTION OF PATIENT FOR COSTS OF CARE AND TREATMENT.
Code Sections 44-14-470, 44-14-471, 44-14-472, 44-14-473, 44-14-475, and 44-14-476 Amended.
No. 924 (House Bill No. 1040).
AN ACT
To amend Part 8 of Chapter 14 of Title 44 of the Official Code of Georgia Annotated, relating to hospitals and nursing homes, so as to allow a traumatic burn care medical practice to have a lien on a cause of action accruing to an injured person for the costs of care and treatment arising out of the cause of action; to provide for legislative findings and intent; to define certain terms; to provide for related matters relative to filing a lien; to provide for other matters; to repeal conflicting laws; and for other purposes.
WHEREAS, the General Assembly finds and declares that the State of Georgia has a compelling interest in assuring that health care providers have a financial incentive to provide medical services for traumatic burn care; and

1142______GENERAL ACTS AND RESOLUTIONS, VOL. I_________
WHEREAS, the treatment of severe traumatic burns can often require costly treatment as compared to other categories of traumatic injury and therefore mandates classification to recognize that fact; and
WHEREAS, in the State of Georgia, the scarcity of medical facilities that provide specialized severe level traumatic burn care is due in part to these facilities' inability to secure payment for their medical services; and
WHEREAS, hospitals which provide similar services are given greater legal protection than traumatic burn care medical practice facilities in the form of liens for payment; and
WHEREAS, this disparity results in a high level of uncollectable accounts which places a severe financial burden on a traumatic burn care medical practice, threatening the economic viability of its existence; and
WHEREAS, in order for traumatic burn care medical practice facilities to subsist and proliferate in the State of Georgia, their opportunity to be compensated for these medical services should be legally equal to that of other facilities providing these services.
NOW, THEREFORE, BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Part 8 of Chapter 14 of Title 44 of the Official Code of Georgia Annotated, relating to hospitals and nursing homes, is amended by striking Code Section 44-14-470, relating to liens on causes of action accruing to an injured person for costs of care and treatment of injuries arising out of such causes of actions, and inserting in lieu thereof the following:
"44-14-470. (a) Except where the context otherwise requires in subsection (b) of this Code section, as used in this part, the term:
(1) 'Hospital' means any hospital or nursing home subject to regulation and licensure by the Department of Human Resources. (2) 'Hospital care, treatment, or services' means care, treatment, or services furnished by a hospital or nursing home. (3) 'Nursing home' means any intermediate care home, skilled nursing home, or intermingled home. (4) Traumatic burn care medical practice' means care, treatment, or services rendered by a medical practice with respect to a patient whose burn care, treatment, or services resulted in charges in excess of $50,000.00, arising out of a single accident or occurrence. (b) Any person, firm, hospital authority, or corporation operating a hospital or nursing home or providing traumatic burn care medical practice in this state shall

___________GEORGIA LAWS 2002 SESSION__________1143
have a lien for the reasonable charges for hospital, nursing home, or traumatic burn care medical practice care and treatment of an injured person, which lien shall be upon any and all causes of action accruing to the person to whom the care was furnished or to the legal representative of such person on account of injuries giving rise to the causes of action and which necessitated the hospital, nursing home, or provider of traumatic burn care medical practice care, subject, however, to any attorney's lien. This subsection shall not be construed to interfere with the exemption from this part provided by Code Section 44-14-474."
SECTION 2. Said part is further amended by striking Code Section 44-14-471, relating to filing of a verified statement, and inserting in lieu thereof the following:
"44-14-471.
In order to perfect the lien provided for in Code Section 44-14-470, the operator of the hospital, nursing home, or provider of traumatic burn care medical practice, within 30 days after the person has been discharged therefrom, shall file in the office of the clerk of the superior court of the county in which the hospital, nursing home, or provider of traumatic burn care medical practice is located and in the county wherein the patient resides, if a resident of this state, a verified statement setting forth the name and address of the patient as it appears on the records ofthe hospital, nursing home, or provider oftraumatic burn care medical practice; the name and location of the hospital, nursing home, or provider of traumatic burn care medical practice and the name and address of the operator thereof; the dates ofadmission and discharge ofthe patient therefrom; the amount claimed to be due for the hospital, nursing home, or provider of traumatic burn care medical practice care; and, to the best of the claimant's knowledge, the names and addresses of all persons, firms, or corporations claimed by the injured person or the legal representative of the person to be liable for damages arising from the injuries. Such claimant shall also, within one day after the filing of the claim or lien, mail a copy thereof to any person, firm, or corporation claimed to be liable for the damages, said copy to be mailed to the address given in the statement. The filing of the claim or lien shall be notice thereof to all persons, firms, or corporations liable for the damages, whether or not they are named in the claim or lien."
SECTION 3. Said part is further amended by striking Code Section 44-14-472, relating to the duties of the clerk and the hospital lien book, and inserting in lieu thereof the following:
"44-14-472.
The clerk of the superior court shall endorse the date and hour of filing on the statement filed pursuant to Code Section 44-14-471; and, at the expense of the county, he or she shall provide a hospital lien book with a proper index in which he or she shall enter the date and hour of the filing; the names and addresses of the hospital, nursing home, or provider of traumatic burn care medical practice,

1144______GENERAL ACTS AND RESOLUTIONS, VOL. I_______
the operators thereof, and the patient; the amount claimed; and the names and addresses of those claimed to be liable for damage. The information shall be recorded in the name of the patient. The clerk shall receive a fee as required by subparagraph (f)(l)(A) of Code Section 15-6-77 as his fee for such filing."
SECTION 4. Said part is further amended by striking Code Section 44-14-473, relating to the effect of a covenant not to bring an action, release, or settlement; an action to enforce a lien; limitation; and affidavit of payment, and inserting in lieu thereof the following:
"44-14-473.
(a) No release of the cause or causes of action or of any judgment thereon or any covenant not to bring an action thereon shall be valid or effectual against the lien created by Code Section 44-14-470 unless the holder thereof shall join therein or execute a release of the lien; and the claimant or assignee of the lien may enforce the lien by an action against the person, firm, or corporation liable for the damages. If the claimant prevails in the action, the court may allow reasonable attorney's fees. The action shall be commenced against the person liable for the damages within one year after the date the liability is finally determined by a settlement, by a release, by a covenant not to bring an action, or by the judgment of a court of competent jurisdiction. (b) No release or covenant not to bring an action which is made within ten days after the patient was discharged from the hospital, nursing home, or provider of traumatic burn care medical practice shall be effective against the lien perfected in due time as provided in subsection (a) of this Code section, regardless of whether the release, covenant not to bring an action, or settlement was made prior to the time of the filing of the lien as specified in Code Sections 44-14-470 and 44-14-471; provided, however, that any person, firm, or corporation which consummates a settlement, release, or covenant not to bring an action with the person to whom hospital, nursing home, or traumatic burn care medical practice care, treatment, or services were furnished and which first procures therefrom an affidavit as prescribed in subsection (c) of this Code section shall not be bound or otherwise affected by the lien except as provided in subsection (c) of this Code section, regardless of when the settlement, release, or covenant not to bring an action was consummated. (c) The affidavit shall affirm:
(1) That all hospital, nursing home, or provider of traumatic burn care medical practice bills incurred for treatment for the injuries for which a settlement is made have been fully paid; and (2) The county of residence of such affiant, if a resident of this state; provided, however, that the person taking the affidavit shall not be protected thereby where the affidavit alleges the county of the affiant's residence and the lien of the claimant is at such time on file in the office of the clerk of the superior court of the county and is recorded in the name of the patient as it appears in the affidavit."

____________GEORGIA LAWS 2002 SESSION__________1145
SECTION 5. Said part is further amended by striking Code Section 44-14-475, relating to the effect of the part on settlement before entry into a hospital, and inserting in lieu thereof the following:
"44-14-475. No settlement or release entered into or executed prior to the entry of the injured party into the hospital, nursing home, or facility which provides traumatic burn care medical practice shall be affected by or subject to the terms of this part."
SECTION 6. Said part is further amended by striking Code Section 44-14-476, relating to no independent right of action, and inserting in lieu thereof the following:
"44-14-476. This part shall not be construed to give any hospital, nursing home, or provider of traumatic burn care medical practice referred to in this part an independent right of action to determine liability for injuries sustained by a person or firm."
SECTION 7. All laws and parts of laws in conflict with this Act are repealed.
Approved May 15,2002.
EDUCATION - KELLEN EDWIN BOLDEN ACT; SELF-ADMINISTRATION OF ASTHMA MEDICATION BY STUDENTS; EXEMPTION FROM LIABILITY.
Code Section 20-2-774 Enacted.
No. 925 (Senate Bill No. 472).
AN ACT
To amend Part 3 of Article 16 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to student health, so as to provide for self-administration ofasthma medication by students; to provide an exemption from liability related thereto; to provide a short title; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. This Act shall be known and may be cited as the "Kellen Edwin Bolden Act."

1146______GENERAL ACTS AND RESOLUTIONS, VOL. I_______
SECTION 2. Part 3 of Article 16 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to student health, is amended by adding a new Code section to read as follows:
"20-2-774. (a) As used in this Code section, the term:
(1) 'Medication' means a medicine prescribed by (A) A physician licensed under Chapter 34 of Title 43; or (B) A physician's assistant licensed under Chapter 34 of Title 43 who is authorized to prescribe medicine for the treatment of asthma in accordance with said chapter.
(2) 'Self-administration of asthma medication' means a student's discretionary use of asthma medication prescribed for him or her. (b) Each local board of education shall adopt a policy authorizing the self-administration of asthma medication by a student who has asthma, provided that any student who is authorized for self-administration of asthma medication under such policy may possess and use his or her asthma medication: (1) While in school; (2) At a school sponsored activity; (3) While under the supervision of school personnel; or (4) While in before-school or after-school care on school operated property. (c) Each public school in this state shall permit the self-administration of asthma medication by a student who has asthma, subject to the local policy adopted pursuant to subsection (b) of this Code section; and the school district and its employees and agents shall incur no liability other than for willful or wanton misconduct for any injury to a student caused by his or her self-administration of asthma medication."
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.
Approved May 15, 2002.

____________GEORGIA LAWS 2002 SESSION__________1147
STATE GOVERNMENT - PARTICIPATION IN FEDERAL PROGRAMS; ADMINISTRATION AND PROVISION OF CERTAIN PROGRAMS THROUGH CONTRACTS WITH CHARITABLE, RELIGIOUS, OR PRIVATE ORGANIZATIONS.
Code Section 50-1-7 Enacted.
No. 926 (House Bill No. 1407).
AN ACT
To amend Chapter 1 of Title 50 of the Official Code of Georgia Annotated, relating to state government in general, so as to provide that state government may, in the course ofparticipation in federal programs, under certain conditions administer and provide services through contracts with charitable, religious, or private organizations; to provide that state government may, in the course of participation in federal programs, under certain conditions provide beneficiaries of assistance with certificates, vouchers, or other forms of disbursement which are redeemable with charitable, religious, or private organizations; to provide for legislative findings and determinations; to provide for limitations and 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 50 of the Official Code of Georgia Annotated, relating to state government in general, is amended by adding at its end a new Code Section 50-1-7 to read as follows:
"50-1-7. (a) The General Assembly finds and determines that:
(1) Federal law now provides at 42 U.S.C.A. Section 604a, and may hereafter provide under other federal laws, that subject to certain limitations states may:
(A) Administer and provide services under certain federal programs through contracts with charitable, religious, or private organizations; and (B) Provide beneficiaries of assistance under certain federal programs with certificates, vouchers, or other forms of disbursement which are redeemable with such organizations but that such authority shall not preempt any provision of a state constitution or state statute that prohibits or restricts the expenditure of state funds in or by religious organizations; (2) Article I, Section II. Paragraph VII of the Georgia Constitution provides that no money shall ever be taken from the public treasury, directly or

1148_____GENERAL ACTS AND RESOLUTIONS. VOL. I________
indirectly, in aid of any church, sect, cult, or religious denomination or of any sectarian institution; (3) Article III, Section VI, Paragraph II(a)(3) of the Georgia Constitution provides that the General Assembly may provide by law for participation by the state and political subdivisions and instrumentalities of the state in federal programs and the compliance with laws relating thereto; (4) Article III, Section IX, Paragraph II(c) of the Georgia Constitution provides that the General Assembly shall by general law provide for the regulation and management of the finance and fiscal administration of the state; and (5) The provisions of this Code section are authorized under a reasonable construction of such provisions of federal law and the Georgia Constitution, (b) To the extent authorized and contemplated by federal law, the State of Georgia and its departments, agencies, instrumentalities, and political subdivisions may, in the course of participation in federal programs, administer programs and provide assistance in the manner contemplated by 42 U.S.C.A. Section 604a, and any other similar federal law, subject to the following conditions: (1) State and local government funds may be expended for administrative purposes incidental to the administration of such programs but neither state funds nor local government funds shall be distributed to any church, sect, cult, religious denomination, or sectarian institution, except as otherwise authorized by law or the Constitution of the State of Georgia; (2) If an individual objects to the religious character of an organization from which the individual receives, or would receive, program assistance or services, an alternative acceptable provider shall be made available to such individual; (3) A religious organization providing program assistance or services shall not discriminate against an individual in rendering program assistance or services on the basis of religion, religious belief, or participation in or refusal to participate in a religious practice or rite; (4) No funds provided to a religious organization to provide program assistance or services shall be expended for sectarian worship, instruction, proselytization, or promotion of any particular system of faith or worship; and (5) Organizations receiving funds to provide program assistance or services shall either be organized under Section 501(c)(3) of the United States Internal Revenue Code or shall agree to be subject to audit of the use of state and local funds pursuant to appropriate rules and regulations promulgated by the Department of Audits and Accounts for the administration of the terms of this Code section."
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.
Approved May 15, 2002.

____________GEORGIA LAWS 2002 SESSION__________1149
EDUCATION - REGIONAL EDUCATIONAL SERVICE AGENCIES; AUTHORIZED TO SELL OR PROVIDE GOODS TO PRIVATE SCHOOLS AT REASONABLE COSTS.
Code Section 20-2-270.1 Amended.
No. 927 (House Bill No. 136).
AN ACT
To amend Code Section 20-2-270.1 of the Official Code of Georgia Annotated, relating to services to member local school systems by regional educational service agencies, so as to provide that a regional educational service agency shall be authorized to sell or provide at reasonable costs goods to private schools located in this state; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Code Section 20-2-270.1 of the Official Code of Georgia Annotated, relating to services to member local school systems by regional educational service agencies, is amended by adding at the end thereof a new subsection (d) to read as follows:
"(d) A regional educational service agency shall be authorized to sell or provide at reasonable costs goods to private schools located in this state."
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.
Approved May 15, 2002.
REVENUE AND TAXATION - INCOME TAXES; RETIREMENT INCOME EXCLUSION.
Code Section 48-7-27 Amended.
No. 928 (House Bill No. 1313).
AN ACT
To amend Code Section 48-7-27 of the Official Code of Georgia Annotated, relating to the computation of taxable net income for income tax purposes, so as to

1150_____GENERAL ACTS AND RESOLUTIONS, VOL. I________
increase the amount of retirement income exclusion; to provide for an effective date; to provide for applicability; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Code Section 48-7-27 of the Official Code of Georgia Annotated, relating to the computation of taxable net income for income tax purposes, is amended by striking subparagraph (a)(5)(A) and inserting in lieu thereof a new subparagraph (a)(5)(A) to read as follows:
"(5)(A) Retirement income otherwise included in Georgia taxable net income not to exceed the exclusion amount as follows:
(i) For taxable years beginning on or after January 1, 1989, and prior to January 1, 1990, retirement income not to exceed an exclusion amount of $8,000.00 per year received from any source; (ii) For taxable years beginning on or after January 1, 1990, and prior to January 1, 1994, retirement income not to exceed an exclusion amount of $10,000.00 per year received from any source; (iii) For taxable years beginning on or after January 1, 1994, and prior to January 1, 1995, retirement income from any source not to exceed an exclusion amount of $11,000.00; (iv) For taxable years beginning on or after January 1, 1995, and prior to January 1, 1999, retirement income from any source not to exceed an exclusion amount of $12,000.00; (v) For taxable years beginning on or after January 1, 1999, and prior to January 1, 2000, retirement income from any source not to exceed an exclusion amount of $13,000.00; (vi) For taxable years beginning on or after January 1, 2000, and prior to January 1, 2001, retirement income not to exceed an exclusion amount of $13,500.00 per year received from any source; (vii) For taxable years beginning on or after January 1,2001, and prior to January 1, 2002, retirement income from any source not to exceed an exclusion amount of $14,000.00; (viii) For taxable years beginning on or after January 1, 2002, and prior to January 1, 2003, retirement income from any source not to exceed an exclusion amount of $14,500.00; and (ix) For taxable years beginning on or after January 1, 2003, retirement income from any source not to exceed an exclusion amount of $15,000.00."
SECTION 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

____________GEORGIA LAWS 2002 SESSION__________1151
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.
Approved May 15, 2002.
EDUCATION -NORTH GEORGIA COLLEGE MILITARY SCHOLARSHIPS; ABANDONED SCHOLARSHIPS.
Code Section 20-3-426 Amended.
No. 929 (House Bill No. 1205).
AN ACT
To amend Subpart 5A of Part 3 of Article 7 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to North Georgia College Military Scholarships, so as to change the manner in which the remainder of abandoned scholarships is awarded; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Subpart 5 A of Part 3 of Article 7 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to North Georgia College Military Scholarships, is amended by striking in its entirety Code Section 20-3-426, relating to the effect of failure to meet standards and requirements for continued eligibility for scholarship and the filling of vacancies, and inserting in lieu thereof the following:
"20-3-426. (a) If at any time a recipient of a scholarship fails to meet the standards and requirements for continued eligibility as provided by the selection committee pursuant to subsection (c) ofCode Section 20-3-423, such recipient shall thereby lose eligibility for the scholarship and shall be obligated to repay the same as provided in Code Section 20-3-425. The selection committee shall promptly notify the authority when a recipient loses eligibility. (b) In the event a scholarship recipient fails to meet the standards for retention or otherwise surrenders the scholarship, the committee may select a candidate to fill the vacancy for the remaining period of the scholarship. The nominees shall be required to meet all criteria established for the four-year scholarship. Such recipients of scholarships shall incur the same obligations as a four-year scholarship recipient; provided, however, that such recipients of scholarships of less than four years shall only be required to serve the number of years in the Georgia Army National Guard or number of years of active duty service in the United States Army or number of years in a combination of service in the active

1152_____GENERAL ACTS AND RESOLUTIONS, VOL. I________
army and the Georgia Army National Guard which corresponds to the period or number of years of such scholarship."
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.
Approved May 15, 2002.
MILITARY, EMERGENCY MANAGEMENT, AND VETERANS AFFAIRS - PUBLIC OFFICERS AND
EMPLOYEES ABSENT ON MILITARY DUTY; NOT CONSIDERED VACATION OF OFFICE;
MEETING BY TELECOMMUNICATIONS CONFERENCE AUTHORIZED.
Code Section 38-2-279 Amended.
No. 930 (Senate Bill No. 449).
AN ACT
To amend Code Section 38-2-279 of the Official Code of Georgia Annotated, relating to rights of public officers and employees absent on military duty as members of organized militia or reserve forces, so as to provide that agencies may conduct meetings by telecommunications conference when members of an agency are on ordered military duty; to provide that members of an agency on ordered military duty may participate in meetings of the agency by telecommunications conference; to provide that absence on ordered military duty does not constitute vacation of office; 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 3 8-2-279 ofthe Official Code ofGeorgia Annotated, relating to rights of public officers and employees absent on military duty as members of organized militia or reserve forces, is amended by striking subsection (b) and inserting in its place the following:
"(b) Every public officer or employee shall be entitled to absent himself or herself and shall be deemed to have a leave of absence from duties or service as a public officer or employee while engaged in the performance of ordered military duty and while going to and returning from such duty. Notwithstanding Code Section 45-5-1 or any other provision of law, a public office shall not be

____________GEORGIA LAWS 2002 SESSION__________1153
considered vacated or abandoned by a public officer while on ordered military duty."
SECTION 2. Said Code section is further amended by designating subsection (g) as subsection (h) and inserting a new subsection (g) to read as follows:
"(g) Notwithstanding the provisions of Chapter 14 of Title 50, an agency, as defined by subsection (a) of Code Section 50-14-1, shall be authorized to conduct meetings by telecommunications conference in the event that one or more of the agency's members is on ordered military duty at the time of such meeting, provided that any such meeting is conducted in compliance with such chapter. The members of the agency, including those on ordered military duty, shall be authorized to participate and make decisions during such a telecommunications conference."
SECTION 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 4. All laws and parts of laws in conflict with this Act are repealed.
Approved May 15, 2002.
RETIREMENT AND PENSIONS - GEORGIA MILITARY PENSION FUND CREATED.
Code Title 47, Chapter 24 Enacted.
No. 931 (House Bill No. 227).
AN ACT
To amend Title 47 ofthe Official Code ofGeorgia Annotated, relating to retirement and pensions, so as to create the Georgia Military Pension Fund; to define certain terms; to provide for a board of trustees; to provide for powers and duties of the board; to provide for the administration of the fund; to provide for membership in the fund; to provide for employer contributions; to provide for service creditable toward retirement; to provide for conditions precedent to retirement; to provide for pension benefits; to provide a penalty for certain fraudulent acts; to provide for matters relative to the foregoing; to provide conditions for an effective date and automatic repeal; to repeal conflicting laws; and for other purposes.

1154______GENERAL ACTS AND RESOLUTIONS, VOL. I________
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Title 47 of the Official Code of Georgia Annotated, relating to retirement and pensions, is amended by adding at the end thereof a new Chapter 24 to read as follows:
"CHAPTER 24 ARTICLE 1
47-24-1. As used in this chapter, the term:
(1) 'Board' means the Board of Trustees of the Employees' Retirement System of Georgia. (2) 'Creditable service' means prior service, membership service, and other service for which credit is allowed toward retirement under this chapter. (3) 'Date of establishment' means July 1, 2002. (4) 'Employer' means the State of Georgia. (5) 'Fund' means the Georgia Military Pension Fund. (6) 'Member' means any person included in the membership of the fund. (7) 'Membership service' means service as a member of the fund. (8) 'Prior service' means service rendered prior to July 1, 2002, as a member of the Georgia National Guard. (9) 'Retirement allowance' means monthly payments for life pursuant to Code Section 47-24-101.
ARTICLE 2
47-24-20. (a) A pension fund is created and placed under the administration of the Board of Trustees of the Employees' Retirement System of Georgia to provide retirement allowances and other benefits for members of the Georgia National Guard. The pension fund shall begin operation as of July 1, 2002. (b) The fund shall have the power and privileges of a corporation and shall be known as the Georgia Military Pension Fund. By such name all of its business shall be transacted, all ofits funds shall be invested, and all ofits cash, securities, and other property shall be held.
47-24-21. There is created an office to be known as the executive secretary of the Georgia Military Pension Fund. The director of the Employees' Retirement System of Georgia shall serve as executive secretary of this fund.

___________GEORGIA LAWS 2002 SESSION__________1155
47-24-22. (a) The general administration and responsibility for the proper operation of the fund and for putting this chapter into effect are vested in the board. (b) The board shall engage such actuarial and other services as shall be required to transact the business of the fund. (c) The board shall designate an actuary who shall be the technical adviser ofthe board on matters regarding the operation of the fund and shall perform such other duties as are required in connection therewith. (d) At least once in each five-year period following the date of establishment, the actuary shall make an actuarial investigation into the mortality, service, and compensation experience of the members of the fund and shall make a valuation of the contingent assets and liabilities of the fund. The board, after taking into account the results of such investigation and valuation, shall adopt for the fund such mortality, service, and other tables as shall be deemed necessary. (e) On the basis of regular interest and tables adopted by the board, the actuaries shall make valuations of the contingent assets and liabilities of the fund at least once every three years. (f) The board shall keep in convenient form such data as shall be necessary for the actuarial valuations of the contingent assets and liabilities of the fund and for checking the experience of the fund. (g) The board shall determine, from time to time, the rate of regular interest for use in all calculations, with the rate of 4 percent per annum applicable unless changed by the board. (h) Subject to the limitations of this chapter, the board shall, from time to time, establish rules and regulations for the administration of the fund and for the transaction of business. (i) The board shall keep a record of all of its proceedings under this chapter, which record shall be open to the public. (j) All persons employed by the board and the expenses of the board shall be paid from funds appropriated by the General Assembly.
47-24-23. (a) The board members shall be the trustees of the funds of the fund; may invest and reinvest such funds; and may hold, purchase, sell, assign, transfer, and dispose of any of the securities and investments in which any of the moneys of the fund created under this chapter shall have been invested, as well as the proceeds of such investments and any moneys belonging to such fund, all in such manner as funds of the Employees' Retirement System of Georgia are invested and reinvested. (b) Except as otherwise provided for in this chapter, no member or person employed by the board shall have a direct interest in the gains or profits of any investment made by the board. No member or employee of the board shall, directly or indirectly, for himself or herself or as an agent, in any manner use the funds of the fund except to make such current and necessary payments as are authorized by the board; nor shall any member or employee of the board become

1156_____GENERAL ACTS AND RESOLUTIONS, VOL. I________
an endorser, surety, or in any manner an obligor for moneys loaned or borrowed from the board. (c) The board shall be the custodian of the funds of the fund. All payments from such funds shall be made by the board only upon vouchers signed by two persons designated by the board.
47-24-24.
The accumulation account shall be the account in which all reserves for the payment of the part of all retirement allowances and other benefits payable from contributions made by the employer shall be held and from which all retirement allowances payable under the fund and the administrative expenses shall be paid. All interest and dividends earned on the funds of the fund shall be credited to the accumulation account.
ARTICLE 3
47-24-40.
All persons who are members of the Georgia National Guard on July 1, 2002, shall become members of the fund as of such date. All other persons shall become members of the fund on first becoming a member of the Georgia National Guard.
ARTICLE 4
47-24-60.
The employer contributions toward the cost of the fund shall be as actuarially determined and approved by the board and, in making such determination, the adjutant general of the state shall supply the board with such information at such times and in such manner as the board shall specify by rules and regulations. The amounts determined as the employer contributions shall be certified to the Office of Treasury and Fiscal Services at such times as the board shall specify by rules and regulations. It shall be the duty of the director of the Office of Treasury and Fiscal Services to pay to the board, from funds appropriated or otherwise available to the fund, the amounts certified by the board. All employer contributions shall be irrevocable and may be used only for the exclusive benefit of members.
ARTICLE 5
47-24-80.
The creditable service of a member shall include all established creditable prior service, service as a member of the Georgia National Guard since he or she became a member of the fund, and such other service as may be allowed as creditable service pursuant to this article.

____________GEORGIA LAWS 2002 SESSION__________1157
47-24-81.
In addition to the creditable service allowed pursuant to Code Section 47-24-80, any member shall receive creditable service for any past service as a member of the United States Army, Army Reserve, Army National Guard, Navy, Navy Reserve, Marine Corps, Air Force, Air Force Reserve, Air National Guard, and Coast Guard if such service meets the same requirement for creditable time served as set forth for nonregular service retirement under Chapter 67 of Title 10 of the United States Code.
47-24-82.
(a) Any provision of this article to the contrary notwithstanding, no service which is used to qualify a member for a retirement or pension benefit based on length of service, age, or physical disability from any of the regular components of the United States armed forces, including without limitation service in the active guard status, shall be used as creditable service under this pension fund. (b) Except as provided in subsection (a) ofthis Code section, no provision in this chapter shall be construed as to affect or preclude any benefits to which a member may be entitled under any federal or private retirement or pension plan or any retirement or pension fund governed by this title.
ARTICLE 6
47-24-100.
(a) Upon the written application to the board, any member of the fund who: (1) Has attained the age of 60 years; (2) Has completed 20 or more years of creditable service, at least 15 of which were service as a member of the Georgia National Guard; (3) Served at least ten consecutive years as a member of the Georgia National Guard immediately before discharge; and (4) Has received an honorable discharge from the Georgia National Guard
shall be retired by the board on a retirement allowance and shall thereupon become a beneficiary of the fund. (b) The effective date of retirement shall be the first day of the month in which the application is received by the board, but such effective date shall not, in any case, be earlier than the first day of the month following the month of the applicant's discharge from the Georgia National Guard. Applications for retirement shall not be accepted more than 90 days in advance of the date of discharge.
47-24-101. Upon retirement under subsection (a) of Code Section 47-24-100, the retired member shall receive a monthly service retirement allowance of $50.00 plus an additional $5.00 per month for each year of creditable service over 20 years, up to a maximum monthly benefit of $100.00.

1158_____GENERAL ACTS AND RESOLUTIONS, VOL. I_________
47-23-102. All retirement allowances shall be paid in monthly payments and shall cease in the month in which the death of the member occurs.
47-24-103. If any retired member returns to the service of the Georgia National Guard, his or her retirement allowance shall cease. Upon cessation of such service, the retired member, after proper notification to the board, shall receive a retirement allowance calculated according to the number of years of creditable service the member has accumulated at the end of such return to service.
ARTICLE 7
47-24-120. Any person who knowingly makes any false statements or falsifies or permits to be falsified any records of the fund in any attempt to defraud the fund, as a result of such an act, shall be guilty of a misdemeanor and, on conviction, shall be punished by a fine not to exceed $500.00, imprisonment not to exceed 12 months, or both.
47-24-121. If any change or error in the records results in any member or beneficiary receiving from the fund more or less than he or she would have been entitled to receive had the records been correct, the board shall have the power to correct such error and to adjust the payments as far as practicable in such a manner that the actuarial equivalent of the benefit to which such member or beneficiary was correctly entitled shall be paid.
47-24-122. The benefits provided under this chapter shall not be a part of any contract and shall be subject to future legislation."
SECTION 2. This Act shall become effective on July 1, 2002, only if it is determined to have been concurrently funded as provided in Chapter 20 ofTitle 47 ofthe Official Code of Georgia Annotated, the "Public Retirement Systems Standards Law"; otherwise, this Act shall not become effective and shall be automatically repealed in its entirety on July 1, 2002, as required by subsection (a) of Code Section 47-20-50.
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.
Approved May 15, 2002.

____________GEORGIA LAWS 2002 SESSION__________1159
MILITARY, EMERGENCY MANAGEMENT, AND VETERANS AFFAIRS - PAY FOR PUBLIC OFFICERS
AND EMPLOYEES WHILE ON MILITARY DUTY.
Code Section 38-2-279 Amended.
No. 932 (House Bill No. 1236).
AN ACT
To amend Code Section 38-2-279 of the Official Code of Georgia Annotated, relating to rights of public officers and employees absent on military duty as members of the organized militia or reserve forces, so as to change certain provisions relating to pay for 18 days and emergency pay; to authorize counties, municipalities, and other political subdivisions to provide pay for its public officers and employees during extended periods of service; 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 38-2-279 ofthe Official Code ofGeorgia Annotated, relating to rights of public officers and employees absent on military duty as members of the organized militia or reserve forces, is amended by striking subsection (e) and inserting in lieu thereof the following:
"(e) Payfor 18 days; emergency pay; additional authorizedpayments. (1) Every public officer or employee shall be paid his or her salary or other compensation as such public officer or employee for any and all periods of absence while engaged in the performance of ordered military duty and while going to and returning from such duty, not exceeding a total of 18 days in any one federal fiscal year and not exceeding 18 days in any one continuous period of absence. In the event the Governor declares an emergency and orders any public officer or employee to state active duty as a member of the National Guard, any such officer or employee, while performing such duty, shall be paid his or her salary or other compensation as a public officer or employee for a period not exceeding 30 days in any one federal fiscal year and not exceeding 30 days in any one continuous period of such state active duty service. (2) Any county, municipality, or other political subdivision of this state may provide for payment of the salaries or other compensation of its public officers and employees while engaged in the performance of ordered military duty and while going to and returning from such duty or, in the event the Governor declares an emergency, while ordered to state active duty as a member of the National Guard, for any period exceeding those specified in paragraph (1) of this subsection; and the duration ofpayments under this paragraph, ifany, shall be in the discretion of the county, municipality, or other political subdivision."

1160______GENERAL ACTS AND RESOLUTIONS, VOL. I________
SECTION 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.
Approved May 15, 2002.
MILITARY, EMERGENCY MANAGEMENT, AND VETERANS AFFAIRS - PUBLIC OFFICERS AND
EMPLOYEES; ORDERED MILITARY DUTY; SALARY AND SALARY DIFFERENTIAL.
Code Sections 38-2-54 and 38-2-279 Amended.
No. 933 (House Bill No. 1405).
AN ACT
To amend Code Section 38-2-54 of the Official Code of Georgia Annotated, relating to duties, privileges, and immunities, so as to provide that certain provisions shall not be applicable to certain military personnel; to amend Code Section 38-2-279 of the Official Code of Georgia Annotated, relating to rights of public officers and employees absent on military duty as members of organized militia or reserve forces, so as to change a certain definition; to change certain provisions relative to pay for public officers while on military duty; to authorize a salary differential for citizen soldiers who are public officers or employees; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Code Section 38-2-54 of the Official Code of Georgia Annotated, relating to duties, privileges, and immunities, is amended by striking in its entirety said Code section and inserting in lieu thereof the following:
"38-2-54. All duties imposed by the military law or other statutes of the state or by regulations issued thereunder upon units, commissioned officers, warrant officers, and enlisted personnel of the organized militia are imposed upon the units, commissioned officers, warrant officers, and enlisted personnel, respectively, of the State Defense Force. All rights, privileges, and immunities conferred by the military law or other statutes of the state or by regulations issued

____________GEORGIA LAWS 2002 SESSION__________1161
thereunder upon the units, commissioned officers, warrant officers, and enlisted personnel ofthe Georgia National Guard or ofthe organized militia are conferred upon the units, commissioned officers, warrant officers, and enlisted personnel, respectively, of the State Defense Force except as otherwise prescribed in this chapter; provided, however, that the provisions of Code Sections 38-2-279 and 38-2-280 shall not be applicable to personnel of the State Defense Force. Such rights, privileges, and immunities include relieffrom civil or criminal liability for acts done while on duty; rights to pay, allowances, and other compensation; expenses and subsistence; arms, uniforms, and equipment; provision, maintenance, use, and control of armories; eligibility to appointment on the military staff of the Governor; exemption from civil process and from jury duty; right of way; right to wear the uniform and to parade with firearms; and all other rights, privileges, and immunities created by statute or custom not hereinbefore specifically enumerated."
SECTION 2. Code Section 38-2-279 ofthe Official Code ofGeorgia Annotated, relating to rights of public officers and employees absent on military duty as members of organized militia or reserve forces, is amended by striking in its entirety paragraph (1) of subsection (a) and inserting in lieu thereof the following:
"(1) 'Ordered military duty' means any military duty performed in the service of the state or of the United States including but not limited to attendance at any service school or schools conducted by the armed forces of the United States by a public officer or employee as a voluntary member of the National Guard or of any reserve force or reserve component of the armed forces of the United States pursuant to orders issued by competent state and federal authority."
SECTION 3. Said Code section is further amended by striking in its entirety subsection (e) and inserting in lieu thereof the following:
"(e) Every public officer or employee shall be paid his or her salary or other compensation as such public officer or employee for any and all periods of absence while engaged in the performance of ordered military duty and while going to and returning from such duty, not exceeding a total of 18 days in any one federal fiscal year. In the event the Governor declares an emergency and orders any public officer or employee to ordered military duty as a member of the National Guard, any such officer or employee, while performing such duty, shall be paid his or her salary or other compensation as a public officer or employee for a period not exceeding 30 days in any one federal fiscal year.
(e.l)(l) On and after July 1, 2002, every public officer or employee may be paid by the government employer the difference between his or her government salary and his or her military salary for any or all periods of absence while engaged in the performance of ordered military duty and while

1162_____GENERAL ACTS AND RESOLUTIONS, VOL. I________
going to and returning from such duty, after expiration of the payment period provided for in subsection (e) of this Code section. (2) To the extent that funds are appropriated or otherwise made available to the Department of Community Affairs for such purpose, the department may provide grants to counties, municipal corporations, and other political subdivisions to reimburse them for their costs incurred under paragraph (1) of this subsection. The department shall provide by rule for the administration of such grant program; and such rules shall provide for pro rata distribution in the event that the funds available are insufficient to reimburse all such costs."
SECTION 4. All laws and parts of laws in conflict with this Act are repealed.
Approved May 15,2002.
COURTS - JUVENILE COURTS; RESTRICTIONS ON FULL-TIME JUVENILE COURT JUDGES; DUTIES OF DISTRICT ATTORNEY; REORGANIZATION OF PROVISIONS REGARDING DEPRIVED
CHILDREN AND UNRULY OR DELINQUENT CHILDREN; VICTIM IMPACT STATEMENTS; CONTINUANCES; TRANSFER OF CUSTODY; DISPOSITIONS.
Code Sections 15-11-18, 15-11-28, 15-11-39, 15-11-41, 15-11-55, 15-11-56, 15-11-58, 15-11-65, 15-11-66, 15-11-70, 15-11-79, and 15-11-79.2 Amended. Code Sections 15-11-54, 15-11-58.1, 15-11-64.1, and 15-11-64.2 Enacted.
No. 934 (House Bill No. 127).
AN ACT
To amend Article 1 of Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile proceedings, so as to restrict full-time juvenile court judges from serving as a judge in another court; to clarify the obligation of the district attorney regarding a petition in juvenile court when the district attorney declines to prosecute certain children in superior court; to change and reorganize provisions so as to divide into separate parts those provisions relating to allegedly deprived children and those provisions relating to allegedly unruly or delinquent children; to conform cross-references to such changes and reorganization; to change provisions relating to victim's impact statements, evidence, and continuances; to clarify a provision relating to transfer of legal custody of a child back to a person whose abuse of alcohol or another drug resulted in the child's deprivation; to clarify

____________GEORGIA LAWS 2002 SESSION__________1163
when the juvenile court shall dismiss petitions alleging delinquency or unruliness; to clarify when the court shall enter orders of disposition; to clarify provisions relating to the duration ofdisposition orders; to provide for sealing records in cases when petitions alleging delinquency or unruliness have been dismissed or informally adjusted; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Article 1 of Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile proceedings, is amended in Part 2, relating to appointment and jurisdiction, by adding a new subsection (k) to Code Section 15-11-18, relating to creation of juvenile courts, terms, compensation, and qualifications of judges, to read as follows:
"(k)(l) No person who is serving as a full-time juvenile court judge after appointment as judge pursuant to this Code section shall at the same time hold the office ofjudge of any other class of court of this state. (2) The provisions of paragraph (1) of this subsection shall also apply to any person serving as ajuvenile courtjudge after being electedjuvenile courtjudge pursuant to a local law authorized by a constitutional amendment providing for the election of one or more juvenile court judges. (3) Nothing in this subsection shall prevent any duly appointed or elected juvenile court judge from sitting by designation as a superior court judge pursuant to Code Section 15-1-9.1 or as otherwise provided by law."
SECTION 2. Said article is further amended in Part 3, relating to jurisdiction and venue, by striking in its entirety subparagraph (b)(2)(C) of Code Section 15-11-28, relating to the jurisdiction ofjuvenile court, and inserting in lieu thereof the following:
"(C) Before indictment, the district attorney may, after investigation and for extraordinary cause, decline prosecution in the superior court of a child 13 to 17 years of age alleged to have committed an offense specified in subparagraph (A) of this paragraph. Upon declining such prosecution in the superior court, the district attorney shall immediately cause a petition to be filed in the appropriate juvenile court for adjudication. Any case transferred by the district attorney to the juvenile court pursuant to this subparagraph shall be subject to the designated felony provisions of Code Section 15-11-63 and the transfer of the case from superior court to juvenile court shall constitute notice to the child that such case is subject to the designated felony provisions of Code Section 15-11-63."
SECTION 3. Said article is further amended in Part 4, relating to commencement and conduct of proceedings, by striking in its entirety subsection (a) of Code Section 15-11-39, relating to the time for the hearing, summons, waiver of service of the summons,

1164_____GENERAL ACTS AND RESOLUTIONS, VOL. I________
and judicial order to the child' s parents, guardian, or custodian, and inserting in lieu thereof the following:
"(a) After the petition has been filed the court shall set a hearing thereon, which, if the child is in detention, shall not be later than ten days after the filing of the petition. In the event the child is not in detention, the court shall set a hearing thereon which shall be not later than 60 days from the date of the filing of the petition."
SECTION 4. Said part of said article is further amended by striking in its entirety Code Section 15-11-41, relating to the conduct of hearings, recordation, conduct of delinquency proceedings by the district attorney, victim impact statements, and deprivation findings, and inserting in lieu thereof the following:
"15-11-41.
(a) All hearings shall be conducted by the court without a jury. Any hearing may be adjourned from time to time within the discretion of the court as set forth in subsection (b) of Code Section 15-11-56. (b) The proceedings shall be recorded by stenographic notes or by electronic, mechanical, or other appropriate means, unless such recording is waived by the child and the child's parent, guardian, or attorney. (c) In any proceeding before the juvenile court, the judge, upon the court's own motion, may request the assistance of the district attorney or a member of the district attorney's staff to conduct the proceedings on behalf of the petitioner. If for any reason the district attorney is unable to assist, the judge may appoint legal counsel for such purpose."
SECTION 5. Said article is further amended in Part 6, relating to deprivation, by inserting a new Code section to be designated Code Section 15-11-54 to read as follows:
"15-11-54.
(a) Findings. After hearing the evidence on any petition alleging deprivation, the court shall make and file its findings as to whether the child is a deprived child. If the court finds that the child is not a deprived child, it shall dismiss the petition and order the child discharged from any detention or other restriction theretofore ordered in the proceeding. (b) Findings with regard to result ofalcohol abuse or drug abuse. If the court finds that a child is deprived, the court shall also make and file a finding as to whether such deprivation is the result of alcohol abuse or drug abuse by a parent or guardian. (c) Disposition. The court shall proceed immediately or at a postponed hearing to make a proper disposition of the case in accordance with Code Section 15-11-55 if the court finds from clear and convincing evidence that the child is deprived."

____________GEORGIA LAWS 2002 SESSION__________1165
SECTION 6. Said part of said article is further amended in Code Section 15-11-55, relating to the disposition of a deprived child, by striking in its entirety subsection (e) and inserting in lieu thereof the following:
"(e) If a child is found to be a deprived child and the deprivation is found to have been the result of alcohol or other drug abuse by a parent or guardian, as specified in subsection (b) of Code Section 15-11-54, and the court orders transfer of temporary legal custody of the child, as provided in paragraph (2) of subsection (a) of this Code section, the court is authorized to further order that legal custody of the child may not be transferred back to the child's custodian or guardian whose abuse of alcohol or another drug resulted in the child's deprivation unless such person undergoes substance abuse treatment and random substance abuse screenings and those screenings remain negative for a period of no less than six consecutive months."
SECTION 7. Said part of said article is further amended by striking in its entirety Code Section 15-11-56, relating to court findings, disposition, evidence, continuances, and scheduling, and inserting in lieu thereof the following:
"15-11-56.
(a) Evidence. In dispositional hearings under subsection (c) of Code Section 15-11-54 and in all proceedings involving custody of a child, all information helpful in determining the questions presented, including oral and written reports, may be received by the court and relied upon to the extent of its probative value even though not otherwise competent in the hearing on the petition. The parties or their counsel shall be afforded an opportunity upon request to examine and controvert written reports so received and to cross-examine individuals making the reports, except that portions of such reports not relied on by the court in reaching its decision which, if revealed, would be prejudicial to the interests of the child or any party to the proceeding may be withheld in the court's discretion. Confidential sources of information need not be disclosed. (b) Continuances; scheduling. On its own motion or that of a party, the court may continue the hearings under subsection (c) of Code Section 15-11-54 for a reasonable period to receive reports and other evidence bearing on the disposition of a child. In this event, the court shall make an appropriate order for protection of the child during the period of the continuance. In scheduling investigations and hearings, the court shall give priority to proceedings in which a child has been removed from his or her home before an order of disposition has been made."
SECTION 8. Said part of said article is further amended in Code Section 15-11-58, relating to family reunification, reports and plans, custody orders, duration of orders, review of determinations, hearings, and supplemental orders, by striking in its entirety paragraph (2) of subsection (n) and inserting in lieu thereof the following:

1166_____GENERAL ACTS AND RESOLUTIONS, VOL. I________
"(2) Reasonable notice of the factual basis of the motion and of the hearing and opportunity to be heard are given to the parties affected and to the foster parents, if any, of a child and any preadoptive parent or relative providing care for the child. This provision shall not be construed to require that any foster parent, preadoptive parent, or relative providing care for the child be made a party to such a review or hearing solely on the basis of such notice and opportunity to be heard; and".
SECTION 9. Said part of said article is further amended by striking in their entirety subsections (o), (p), and (q) of Code Section 15-11-58, relating to family reunification, reports and plans, custody orders, duration of orders, review of determinations, hearings, and supplemental orders, and inserting in lieu thereof the following:
"15-11-58.1.
(a) Except as otherwise provided by law, any other order of disposition in a proceeding involving deprivation, except an order involving the appointment of a guardian of the person or property of a child, continues in force for not more than two years. The court may sooner terminate its order or extend its duration for further periods. An order of extension may be made if:
(1) A hearing is held prior to the expiration of the order upon motion of a party or on the court's own motion; (2) Reasonable notice of the factual basis of the motion and of the hearing and opportunity to be heard are given to the parties affected; (3) The court finds that the extension is necessary to accomplish the purposes of the order extended; and (4) The extension does not exceed two years from the expiration of the prior order. (b) The court may terminate an order of disposition of a child adjudicated as deprived or an extension of such a disposition order prior to its expiration, on or without an application of a party, if it appears to the court that the purposes of the order have been accomplished. (c) Unless otherwise provided by law, when a child who has been adjudicated as deprived reaches 21 years of age all orders affecting him or her then in force terminate and he or she is discharged from further obligation or control."
SECTION 10. Said article is further amended in Part 7, relating to delinquency and unruliness, by inserting two new Code sections to be designated Code Sections 15-11-64.1 and 15-11-64.2 to read as follows:
"15-11-64.1.
In any delinquency proceeding in which a petition has been filed, the district attorney or a member ofthe district attorney' s staff shall conduct the proceedings on behalf of the state if requested to do so by the juvenile court if the state is not otherwise represented by a solicitor of the juvenile court. Notwithstanding any other provisions of law to the contrary, in any delinquency proceedings

___________GEORGIA LAWS 2002 SESSION__________1167
conducted by the district attorney or a member of the district attorney's staff, the district attorney or staff member shall be entitled to complete access to all court files, probation files, hearing transcripts, delinquency reports, and any other juvenile court records which may be of assistance to the district attorney or staff member in the conduct of such delinquency proceedings. It shall be the duty of the clerk and probation officers of the juvenile court to assist the district attorney or staff member in obtaining any such files, transcripts, reports, or records, or copies thereof, as may be requested by the district attorney or staff member. In any such case, the petition shall be dismissed by the court upon the motion of the district attorney setting forth that there is not sufficient evidence to warrant the further conduct of the proceeding.
15-11-64.2.
(a) In any delinquency proceeding in which a petition has been filed, the juvenile court shall notify any victim of a delinquent child's alleged offense that the victim may submit a victim impact statement if:
(1) The allegedly delinquent child, in conduct which would constitute a felony if committed by an adult, caused physical, psychological, or economic injury to the victim; or (2) The allegedly delinquent child, in conduct which would constitute a misdemeanor if committed by an adult, caused serious physical injury or death to the victim. (b) A victim impact statement submitted by a victim shall be attached to the case file and may be used by the district attorney or the judge during any stage of the proceedings against the child involving predisposition, disposition, or determination of restitution. (c) A victim impact statement shall: (1) Identify the victim of the offense and the perpetrator; (2) Itemize any economic loss suffered by the victim as a result of the offense; (3) Identify any physical injury suffered by the victim as a result ofthe offense along with its seriousness and permanence; (4) Describe any change in the victim's personal welfare or familial relationships as a result of the offense; (5) Identify any request for psychological services initiated by the victim or the victim's family as a result of the offense; and (6) Contain any other information related to the impact ofthe offense upon the victim that the court requires. (d) The victim may complete the victim impact statement form and submit such form to the juvenile court. If the victim is unable to do so because of such victim's mental, emotional, or physical incapacity, or because of such victim's age, the victim's attorney or a family member may complete the victim impact statement form on behalf of the victim. (e) The court shall, in the manner prescribed by rule of court, provide the child with a copy of the victim impact statement within a reasonable time prior to any

1168_____GENERAL ACTS AND RESOLUTIONS, VOL. I________
hearing at which it is to be considered and allow the child to have the opportunity to rebut the victim's written statements. (f) No disposition of the child shall be invalidated because of failure to comply with the provisions of this subsection. This subsection shall not be construed to create any cause of action or any right of appeal on behalf of any person."
SECTION 11. Said article is further amended in said part by striking in its entirety Code Section 15-11-65, relating to disposition hearings for delinquent or unruly children and evidence, and inserting in lieu thereof the following:
"15-11-65.
(a) Dispositional hearing for delinquent or unruly child. If the court finds on proof beyond a reasonable doubt that the child committed the acts by reason of which he or she is alleged to be delinquent or unruly, it shall proceed immediately or at a later time to conduct a dispositional hearing for the purpose of hearing evidence as to whether the child is in need of treatment, rehabilitation, or supervision and shall make and file its findings thereon. If the court finds that the allegations of delinquency or unruly conduct have not been established, it shall dismiss the petition and order the child discharged from any detention or other restriction theretofore ordered in relation to the allegations. If the child is to be held in custody at a detention facility between the adjudicatory hearing and the dispositional hearing, the court shall conduct the dispositional hearing within 30 days of the adjudicatory hearing unless the court makes and files written findings of fact explaining the need for the delay. In the absence of evidence to the contrary, evidence sufficient to warrant a finding that acts have been committed which constitute a felony is also sufficient to sustain a finding that the child is in need of treatment or rehabilitation. If the court finds that the child is not in need of treatment, rehabilitation, or supervision, it shall dismiss the proceeding and discharge the child from any detention or other restriction theretofore ordered. (b) Evidence. In dispositional hearings under subsection (a) of this Code section and in all proceedings involving custody of a child, all information helpful in determining the questions presented, including oral and written reports, may be received by the court and relied upon to the extent of its probative value even though not otherwise competent in the hearing on the petition. The parties or their counsel shall be afforded an opportunity upon request to examine and controvert written reports so received and to cross-examine individuals making the reports, except that portions of such reports not relied on by the court in reaching its decision which, if revealed, would be prejudicial to the interests of the child or any party to the proceeding may be withheld in the court's discretion. Confidential sources of information need not be disclosed. (c) Continuances; scheduling. On its own motion or that of a party, the court may continue the hearings under this Code section for a reasonable period to receive reports and other evidence bearing on the disposition or the child's need for treatment or rehabilitation. In this event, the court shall make an appropriate

____________GEORGIA LAWS 2002 SESSION__________1169
order for detention of the child or for the child's release from detention subject to supervision of the court during the period of the continuance. In scheduling investigations and hearings, the court shall give priority to proceedings in which a child is in detention or has otherwise been removed from his or her home before an order of disposition has been made."
SECTION 12. Said article is further amended in said part by striking in its entirety Code Section 15-11 -66, relating to disposition ofdelinquent children, and inserting in lieu thereof the following:
"15-11-66.
(a) At the conclusion of the dispositional hearing provided in subsection (a) of Code Section 15-11-65, if the child is found to have committed a delinquent act and is subsequently determined to be in need of treatment or rehabilitation, the court may make any of the following orders of disposition best suited to the child's treatment, rehabilitation, and welfare:
(1) Any order authorized by Code Section 15-11-55 for the disposition of a deprived child; (2) An order placing the child on probation under conditions and limitations the court prescribes, under the supervision of:
(A) The probation officer of the court or the court of another state as provided in Code Section 15-11-89; (B) Any public agency authorized by law to receive and provide care for the child; or (C) The chief executive officer of any community rehabilitation center acknowledging in writing such officer's willingness to accept the responsibility for the supervision of the child; (3) An order placing the child in an institution, camp, or other facility for delinquent children operated under the direction of the court or other local public authority; (4) An order committing the child to the Department of Juvenile Justice; (5) An order requiring that the child make such restitution as defined in paragraph (7) of Code Section 17-14-2. Such order may remain in force and effect simultaneously with any other order of the court, including, but not limited to, an order of commitment to the Department of Juvenile Justice. While an order requiring restitution is in effect, the enforcement thereof may be transferred to the Department ofJuvenile Justice. In the event that the child changes his or her place of residence while the order is still in effect, the court may transfer enforcement of its order to the juvenile court of the county of the child's residence and its probation staff; however, no order of restitution shall be enforced while such child is in placement at a youth development center unless the commissioner ofjuvenile justice certifies that a restitution program is available at such facility. Payment of funds under this paragraph shall be made by the child or the child's family or employer directly to the clerk of the juvenile court entering the order or another employee of that court designated

1170_____GENERAL ACTS AND RESOLUTIONS, VOL. I________
by the judge, and that court shall disburse such funds in the manner authorized in the order; (6) An order requiring that the child perform community service in a manner prescribed by the court and under the supervision of an individual designated by the court; or (7) An order requiring the child to remit to the general fund of the county a sum not to exceed the maximum applicable to an adult for commission of any of the following offenses: homicide by vehicle, manslaughter resulting from the operation of a motor vehicle, any felony in the commission of which a motor vehicle is used, hit and run or leaving the scene of an accident, racing on highways or streets, using a motor vehicle in fleeing or attempting to elude an officer, fraudulent or fictitious use of a license, driving under the influence of alcohol or drugs, possession of controlled substances or marijuana, driving without proof of minimum required motor vehicle insurance, or any violation of the Code sections contained in Title 40 which is properly adjudicated as a delinquent act. (b) At the conclusion of the dispositional hearing provided in subsection (a) of Code Section 15-11 -65, if the child is found to have committed a delinquent act, the court may, in addition to any other treatment or rehabilitation, suspend the driver's license of such child for any period not to exceed the date on which the child becomes 18 years of age or, in the case of a child who does not have a driver's license, prohibit the issuance of a driver's license to such child for any period not to exceed the date on which the child becomes 18 years of age. The court shall retain the driver's license for a period of suspension and return it to the offender at the end of such period. The court shall notify the Department of Public Safety of any such actions taken pursuant to this subsection. If the child is adjudicated for the commission of a delinquent act, the court may in its discretion, in addition to any other treatment or rehabilitation, order the child to serve up to a maximum of 90 days in a youth development center, or after assessment and with the court' s approval, in a treatment program provided by the Department of Juvenile Justice or the juvenile court. (b.l) Notwithstanding the provisions of subsections (a) and (b) of this Code section, at the conclusion of the dispositional hearing provided in subsection (a) of Code Section 15-11-65, if the child is found to have committed a delinquent offense which would be a violation of subsection (k) of Code Section 40-6-391 if committed by an adult, the court shall make an order of disposition which, for purposes of the child's rehabilitation, imposes the same penalty, period of confinement, and period of community service provided in Code Section 40-6-391 which are applicable to an adult convicted of violating subsection (k) of Code Section 40-6-391, with any such period of confinement to be served in an institution, camp, or other facility for delinquent children operated under the direction of the court or other local public authority or, if no such facility is available, in a regional youth detention center, provided that such child shall be kept segregated from all children other than those confined for violating subsection (k) of Code Section 40-6-391. A previous finding that the child

____________GEORGIA LAWS 2002 SESSION__________1171
committed such a delinquent offense shall be deemed a previous conviction for purposes of this subsection. The judge shall have the same authority and discretion regarding allowing service of confinement on weekends or during nonworking hours as is provided under subsection (a) ofCode Section 17-10-3.1. (c) In any case in which a child who has not achieved a high school diploma or the equivalent is placed on probation, the court may require as a condition of probation that the child pursue a course of study designed to lead to achieving a high school diploma or the equivalent; and, in any case in which such a condition of probation may be imposed, the court shall give express consideration to whether such a condition should be imposed."
SECTION 13. Said article is further amended in said part by striking in its entirety Code Section 15-11 -70, relating to duration, termination, and extensions of disposition orders for delinquent or unruly children, and inserting in lieu thereof the following:
"15-11-70.
(a) Except as otherwise provided by law, an order of disposition committing a delinquent or unruly child to the Department of Juvenile Justice continues in force for two years or until the child is sooner discharged by the Department of Juvenile Justice. The court which made the order may extend its duration for an additional two years subject to like discharge, if:
(1) A hearing is held upon motion of the Department of Juvenile Justice prior to the expiration of the order; (2) Reasonable notice ofthe factual basis ofthe motion and ofthe hearing and an opportunity to be heard are given to the child and the parent, guardian, or other custodian; and (3) The court finds that the extension is necessary for the treatment or rehabilitation of the child. (b) Except as otherwise provided by law, any other order of disposition in a proceeding involving delinquency or unruliness, except an order involving the appointment of a guardian of the person or property of a child, continues in force for not more than two years. The court may sooner terminate its order or extend its duration for further periods. An order of extension may be made if: (1) A hearing is held prior to the expiration ofthe order upon motion ofa party or on the court's own motion; (2) Reasonable notice ofthe factual basis ofthe motion and ofthe hearing and opportunity to be heard are given to the parties affected; (3) The court finds that the extension is necessary to accomplish the purposes of the order extended; and (4) The extension does not exceed two years from the expiration of the prior order. (c) The court may terminate an order of disposition of a child adjudicated as delinquent or unruly or an extension of such a disposition order prior to its expiration, on or without an application of a party, if it appears to the court that the purposes of the order have been accomplished.

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(d) Unless otherwise provided by law, when a child who has been adjudicated as delinquent or unruly reaches 21 years of age all orders affecting him or her then in force terminate and he or she is discharged from further obligation or control."
SECTION 14. Said article is further amended in Part 8, relating to access to records and hearings, by striking in its entirety subsection (b) of Code Section 15-11-79, relating to inspection of court files and records, and inserting in lieu thereof the following:
"(b) Subject to the requirements of subsection (a) of Code Section 15-11-56, subsection (b) of Code Section 15-11-65, and Code Section 15-11-79.2, the general public shall be allowed to inspect court files and records for cases arising under Code Section 15-11-73 or any complaint, petition, or order from any case that was open to the public pursuant to subsection (b) of Code Section 15-11 -78. The general public shall be allowed to inspect court files and records for proceedings involving a legitimation petition under the jurisdiction of the juvenile court pursuant to paragraph (1) or (2) of subsection (e) of Code Section 15-11-28."
SECTION 15. Said article is further amended in said part in Code Section 15-11-79.2, relating to sealing records, by striking subsection (b), by redesignating subsections (a), (c), and (d) as subsections (b), (d), and (e), respectively, and by inserting the following new subsections:
"(a) Upon dismissal of a petition or complaint alleging delinquency or unruliness, or, in a case handled through informal adjustment, following completion of the informal adjustment, the court shall order the sealing of the files and records in the case, including those specified in Code Sections 15-11 -82 and 15-11-83." "(c) Reasonable notice of the hearing required by subsection (b) of this Code section shall be given to:
(1) The district attorney; (2) The authority granting the discharge if the final discharge was from an institution or from parole; and (3) The law enforcement officers or department having custody ofthe files and records if the files and records specified in Code Sections 15-11-82 and 15-11-83 are included in the application or motion."
SECTION 16. All laws and parts of laws in conflict with this Act are repealed.
Approved May 16, 2002.

__________GEORGIA LAWS 2002 SESSION__________1173
COURTS - JUVENILE PROCEEDINGS; REASONABLE EFFORTS AT PRESERVING AND REUNIFYING FAMILIES OF CHILDREN
PLACED IN CUSTODY OF DEPARTMENT OF HUMAN RESOURCES REQUIRED; SUBMISSION AND REVIEW OF CASE PLANS; HEARINGS.
Code Section 15-11-58 Amended.
No. 935 (Senate Bill No. 428).
AN ACT
To amend Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile proceedings, so as to change the provisions relating to reasonable efforts to preserve and reunify families, case plans, motions to extend, permanency plans and permanency hearings; to provide that reasonable efforts to preserve and reunify families shall be made when a child is placed in the custody of the Department of Human Resources; to provide that the Department of Human Resources shall submit 30 day case plans for children in its custody; to provide for court review of the efforts of the Division of Family and Children Services to finalize permanency plans; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile court proceedings, is amended by striking in their entirety subsections (a), (b), (e), (g), (j), (k), (n), (o), (p), and (q) of Code Section 15-11-58, relating to reasonable efforts regarding reunification of family, reports and plans, custody orders when reunification found not to be in child's best interest, duration oforders, review of determinations, hearings, and supplemental orders, and inserting in their respective places the following:
"(a) A court's order removing a child from the child's home shall be based upon a finding by that court that continuation in the home would be contrary to the welfare of the child. If the court places custody of the child in the Division of Family and Children Services of the Department of Human Resources, the court shall also determine as a finding of fact whether reasonable efforts were made by the Division of Family and Children Services of the Department of Human Resources and any other appropriate agencies to preserve and reunify families prior to the placement of a child in the custody of the Department of Human Resources, to prevent or eliminate the need for removal of the child from that child's home, and to make it possible for the child to return safely to the child's home. Such findings shall also be made at every subsequent review of the court's order under this chapter.

1174______GENERAL ACTS AND RESOLUTIONS, VOL. I________
(1) In determining reasonable efforts to be made with respect to a child, as described in this subsection, and in making such reasonable efforts, the child's health and safety shall be the paramount concern; (2) Except as provided in paragraph (4) of this subsection, reasonable efforts shall be made to preserve and reunify families:
(A) Prior to the placement of a child in the custody of the Department of Human Resources, to prevent or eliminate the need for removing the child from the child's home; and (B) To make it possible for a child to return safely to the child's home; (3) If continuation of reasonable efforts of the type described in paragraph (2) of this subsection is determined to be inconsistent with the permanency plan for the child, reasonable efforts shall be made to place the child in a timely manner in accordance with the permanency plan and to complete whatever steps are necessary to finalize the permanent placement of the child; (4) Reasonable efforts of the type described in paragraph (2) of this subsection shall not be required to be made with respect to a parent of a child if a court of competent jurisdiction has determined that: (A) The parent has subjected the child to aggravated circumstances which may include but need not be limited to abandonment, torture, chronic abuse, and sexual abuse; (B) The parent has:
(i) Committed murder of another child of the parent; (ii) Committed voluntary manslaughter of another child of the parent; (iii) Aided or abetted, attempted, conspired, or solicited to commit murder or voluntary manslaughter of another child of the parent; or (iv) Committed a felony assault that results in serious bodily injury to the child or another child of the parent; or (C) The parental rights of the parent to a sibling have been terminated involuntarily; (5) If reasonable efforts of the type described in paragraph (2) of this subsection are not made with respect to a child as a result of a determination made by a court of competent jurisdiction in accordance with paragraph (4) of this subsection: (A) A permanency hearing in accordance with subsection (o) of this Code section shall be held for the child within 30 days after such determination; and (B) Reasonable efforts shall be made to place the child in a timely manner in accordance with the permanency plan and to complete whatever steps are necessary to finalize the permanent placement of the child; and (6) Reasonable efforts to place a child for adoption or with a legal guardian may be made concurrently with reasonable efforts of the type described in paragraph (2) of this subsection. (b) Within 30 days of the date a child who is placed in the custody of the Department of Human Resources is removed from the home and at each subsequent review of the disposition order, the Division of Family and Children

____________GEORGIA LAWS 2002 SESSION__________1175
Services of the Department of Human Resources must submit a written report to the court which shall either include a case plan for a reunification of the family or include a statement ofthe factual basis or bases for determining that a plan for reunification is not appropriate. Such report shall become a discrete part of the case record in a format determined by the Division of Family and Children Services of the Department of Human Resources and shall be made available to the parents or guardian of the foster child. The contents of the report shall be determined at a meeting to be held by the Division of Family and Children Services ofthe Department ofHuman Resources in consultation with the judicial citizen review panel, if one is designated by the court for such purpose, and the parents and children, when available. The parents shall be given written notice of the meeting at least five days in advance and shall be advised that the report will be submitted to become an order of the court. The report submitted to the court shall also contain any dissenting recommendations of the judicial citizen review panel, if applicable, and any recommendations of the parents, if such are available." "(e) If the report submitted to the court does not contain a plan for reunification services, upon proper notice being provided to the parents, the court shall, no later than 30 days following the filing of the report, hold a hearing to review the report and the determination that a plan for reunification services is not appropriate." "(g) At the hearing held for the purpose of reviewing the determination by the Division of Family and Children Services of the Department of Human Resources that a reunification plan is not appropriate, the representative of the Division of Family and Children Services shall notify the court whether and when it intends to proceed with termination ofparental rights at that time. Ifthe Division of Family and Children Services indicates that it does not intend to petition for the termination of parental rights, the court may appoint a guardian ad litem and charge such guardian with the duty of determining whether termination proceedings should be commenced." "(j) At the hearing required by subsection (e) ofthis Code section, the court shall hold a permanency hearing in accordance with subsection (o) of this Code section and shall consider and incorporate a permanency plan for the child in its order which shall comply with subsection (o) of this Code section." "(k) Except as otherwise provided by law, an order of disposition placing a deprived child in foster care under the supervision of the Division of Family and Children Services ofthe Department ofHuman Resources shall continue in force for 12 months after the date the child is considered to have entered foster care or until sooner terminated by the court. For the purposes of this Code section, the date the child is considered to have entered foster care shall be the date of the first judicial finding that the child has been subjected to child abuse or neglect, or the date that is 60 days after the date on which the child is removed from the home, whichever is earlier. All cases of children in foster care in the custody of the Division of Family and Children Services of the Department of Human Resources shall be initially reviewed within 90 days of the entering of the

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dispositional order but no later than six months following the child's placement and shall be conducted by the juvenile court judge, by an associate juvenile court judge or judge pro tempore, or by judicial citizen review panels established by the court, as the court directs, meeting such standards and using such procedures as shall be established by court rule by the Supreme Court of Georgia, with the advice and consent of the Council of Juvenile Court Judges. At the time of each review of every case of a child in foster care in the custody of the Division of Family and Children Services of the Department of Human Resources, a representative of the Division of Family and Children Services shall notify the court whether such division intends to proceed with the termination of parental rights at that time. If such division indicates that it does not intend to petition for the termination of parental rights at that time, the court may appoint a guardian ad litem and charge such guardian with the duty of determining whether termination proceedings should be commenced. In the event the review is conducted by judicial citizen review panels, the panel shall transmit its report, including its findings and recommendations and those of such division, along with such division's proposed revised plan for reunification or other permanency plan, if necessary, to the court and the parents within five days after the review. Any party may request a hearing on the proposed revised plan in writing within five days after receiving a copy of such plan. Following such initial review, additional periodic reviews shall be held at six-month intervals. The foster parents, if any, of a child and any preadoptive parent or relative providing care for the child shall be provided with notice of and an opportunity to be heard in any review or hearing to be held with respect to the child, except that this provision shall not be construed to require that any foster parent, preadoptive parent, or relative providing care for the child be made a party to such a review or hearing solely on the basis of such notice and opportunity to be heard, "(n) The court which made the order may extend its duration for not more than 12 months if:
(1) A hearing is held upon motion of the Division of Family and Children Services of the Department of Human Resources prior to the expiration of the order; (2) Reasonable notice of the factual basis of the motion and of the hearing and opportunity to be heard are given to the parties affected; and (3) The court finds that the extension is necessary to accomplish the purposes of the order extended. (o) With respect to each child in the custody of the Department of Human Resources, a permanency hearing shall be held no later than 30 days after the Division of Family and Children Services of the Department of Human Resources has submitted a written report to the court which does not contain a plan for reunification services as provided in subsection (j) of this Code section, or no later than 12 months after the child is considered to have entered foster care, whichever comes first. Thereafter, a permanency hearing shall be held not less frequently than every 12 months during the time the child continues in the custody of the Department of Human Resources. A permanency hearing may be

___________GEORGIA LAWS 2002 SESSION_________1177
held by the court at the time of the hearing on a motion to extend custody permitted by subsection (n) of this Code section.
(1) At the time of the permanency hearing, the Division of Family and Children Services of the Department of Human Resources shall submit for the court's consideration a report recommending a permanency plan for the child which shall include whether and, if applicable, when the child shall be returned to the parent or parents; referred for termination of parental rights and adoption; referred for legal guardianship; placed permanently with a fit and willing relative; or, in the case where the division has provided a compelling reason that one ofthe foregoing options would not be in the best interest ofthe child, placed in another planned permanent living arrangement. The report shall include documentation ofthe steps to be taken by the Division ofFamily and Children Services of the Department of Human Resources to finalize the permanent placement of the child. When the permanency plan recommended is referral for termination of parental rights and adoption, such report shall include child specific recruitment efforts such as the use of state, regional, and national adoption exchanges, including electronic exchange systems. (2) The permanency hearing may be conducted as the court directs by the juvenile court judge or by an associate juvenile court judge or judge pro tempore. The court may also direct that the permanency hearing be conducted by a judicial citizen review panel established by the court in the manner provided in subsection (k) ofthis Code section, unless the permanency hearing is one required under subsection (j) of this Code section as a result of a recommendation that reunification services are not appropriate. The judicial citizen review panel may conduct its hearing in the same manner as it conducts a case review under subsection (k) of this Code section.
(A) In the event that the permanency hearing is conducted by a judicial citizen review panel, the panel shall transmit its report, including its findings and recommendations and those of the Division of Family and Children Services, to the court and the parties within five days after such hearing. The report of the judicial citizen review panel shall include all the elements required in paragraphs (4) and (5) ofthis subsection. Any party may request a hearing on the proposed permanency plan by submitting a request in writing within five days of receiving a copy of such plan. If a hearing is not requested, the court shall review the proposed permanency plan and enter a supplemental order incorporating all elements required by paragraphs (4) and (5) of this subsection. In the event a hearing before the court is requested on the report transmitted by the judicial citizen review panel, the court shall, after hearing evidence, enter a supplemental order incorporating all the elements required in paragraphs (4) and (5) of this subsection. (B) If a permanency hearing is held before the court, the court shall, after hearing evidence, enter a supplemental order incorporating all elements of the proposed permanency plan required by paragraphs (4) and (5) of this subsection.

1178_____GENERAL ACTS AND RESOLUTIONS, VOL. I________
(3) The parents and other parties shall be given written notice of a permanency hearing at least five days in advance and shall be advised that the permanency plan recommended by the Division of Family and Children Services of the Department of Human Resources will be submitted to become an order of the court. Procedural safeguards shall be applied with respect to parental rights pertaining to the removal of the child from the home of his or her parents, to a change in the child's placement, and to any determination affecting visitation privileges of parents. In addition, the foster parents, if any, of a child and any preadoptive parent or relative providing care for the child shall receive written notice of the permanency hearing at least five days in advance and shall be given an opportunity to be heard; provided, however, that this provision shall not be construed to require a foster parent, preadoptive parent, or relative caring for the child to be made a party to the hearing solely on the basis of such notice and opportunity to be heard. (4) The permanency plan incorporated in the court's order shall include whether and, if applicable, when the child shall be returned to the parent or parents, referred for termination of parental rights and adoption, referred for legal guardianship, or placed permanently with a fit and willing relative. If the court finds that there is a compelling reason that it would not be in the child's best interests to be returned to the parent or parents, referred for termination of parental rights and adoption, referred for legal guardianship, or placed permanently with a fit and willing relative, then the court's order shall document the compelling reason and provide that the child should be placed in another planned permanent living arrangement. (5) The court or judicial citizen review panel which conducts the permanency hearing shall determine, as a finding of fact, whether the Division of Family and Children Services of the Department of Human Resources has made reasonable efforts to finalize the permanency plan which is in effect at the time of the hearing. Further, the court or the judicial citizen review panel, if applicable, shall determine as a finding of fact whether, in the case of a child placed out of the state, the out-of-state placement continues to be appropriate and in the best interest of the child and, in the case of a child who has attained the age of 14, shall determine the services needed to assist the child to make a transition from foster care to independent living. Such findings of fact shall be made a part of the report of the judicial citizen review panel to the court and any supplemental order entered by the court. (6) A supplemental order of the court adopting the permanency plan must be entered within 30 days after the court has determined that reunification efforts will not be made by the Division of Family and Children Services of the Department of Human Resources, if applicable, or within 12 months after the child is considered to have entered foster care, whichever is first, and at least every 12 months thereafter while the child is in foster care, unless the court finds good cause why such order cannot be entered by that time."

__________GEORGIA LAWS 2002 SESSION__________1179
SECTION 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.
Approved May 16, 2002.
GAME AND FISH - WILDLIFE VIOLATOR COMPACT ENACTED; USE OF CROSSBOWS FOR HUNTING; USE OF CERTAIN HANDGUNS FOR HUNTING; HUNTING DEER FROM AT LEAST 200 YARDS FROM FEED; HUNTING SEASON FOR BEAR; HUNTING SEASON AND BAG LIMITS FOR DEER.
Code Sections 27-2-25.1, 27-2-29, 27-3-4, 27-3-9, and 27-3-15 Amended.
Code Title 27, Chapter 2, Article 2 Enacted.
No. 939 (House Bill No. 1174).
AN ACT
To amend Title 27 of the Official Code of Georgia Annotated, relating to game and fish, so as to enact the Wildlife Violator Compact; to change certain references; to make certain findings and declarations of policy; to state the purpose of such compact; to define certain terms; to provide procedures for issuing citations for wildlife violations to violators who are residents of participating states; to provide procedures for enforcement of citations by home states; to provide for reciprocal recognition of suspensions; to provide for the applicability of certain laws; to provide procedures for compact administration; to provide for entry into and withdrawal from such compact; to provide for amendments to such compact; to provide for construction and severability; to provide for a title; to provide for rules and regulations; to provide for penalties; to provide that it shall be lawful to hunt wildlife with a crossbow under certain conditions; to repeal a provision permitting certain handguns to be used in hunting under certain conditions; to provide for hunting deer no closer than 200 yards from and not in sight of feed; as to change the hunting season for bear; to change the season and bag limits for deer; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

1180_____GENERAL ACTS AND RESOLUTIONS, VOL. I________
SECTION 1.
Title 27 of the Official Code of Georgia Annotated, relating to game and fish, is amended by designating the existing portion of Chapter 2, relating to licenses, permits, and stamps generally, as Article 1 and by inserting at the end thereof the following:
"ARTICLE 2
27-2-40. The Wildlife Violator Compact is enacted into law and entered into by the State of Georgia with any and all states legally joining therein in accordance with its terms. The compact is substantially as follows:
'WILDLIFE VIOLATOR COMPACT ARTICLE I
FINDINGS, DECLARATION OF POLICY, AND PURPOSE
(a) The party states find that: (1) Wildlife resources are managed in trust by the respective states for the benefit of all residents and visitors. (2) The protection of their respective wildlife resources can be materially affected by the degree of compliance with state statute, law, regulation, ordinance, or administrative rule relating to the management of those resources. (3) The preservation, protection, management, and restoration of wildlife contributes immeasurably to the aesthetic, recreational, and economic aspects of these natural resources. (4) Wildlife resources are valuable without regard to political boundaries, therefore, all persons should be required to comply with wildlife preservation, protection, management, and restoration laws, ordinances, and administrative rules and regulations of all party states as a condition precedent to the continuance or issuance of any license to hunt, fish, trap, or possess wildlife. (5) Violation of wildlife laws interferes with the management of wildlife resources and may endanger the safety of persons and property. (6) The mobility of many wildlife law violators necessitates the maintenance of channels of communications among the various states. (7) In most instances, a person who is cited for a wildlife violation in a state other than the person's home state: (A) Must post collateral or bond to secure appearance for a trial at a later date; or (B) If unable to post collateral or bond, is taken into custody until the collateral or bond is posted; or (C) Is taken directly to court for an immediate appearance.

___________GEORGIA LAWS 2002 SESSION__________1181
(8) The purpose ofthe enforcement practices described in paragraph (7) ofthis subdivision is to ensure compliance with the terms of a wildlife citation by the person who, if permitted to continue on the person's way after receiving the citation, could return to the person's home state and disregard the person's duty under the terms of the citation. (9) In most instances, a person receiving a wildlife citation in the person's home state is permitted to accept the citation from the officer at the scene of the violation and to immediately continue on the person's way after agreeing or being instructed to comply with the terms of the citation. (10) The practice described in paragraph (7) of this subdivision causes unnecessary inconvenience and, at times, a hardship for the person who is unable at the time to post collateral, furnish a bond, stand trial, or pay the fine, and thus is compelled to remain in custody until some alternative arrangement can be made. (11) The enforcement practices described in paragraph (7) of this subdivision consume an undue amount of law enforcement time. (b) It is the policy of the party states to: (1) Promote compliance with the statutes, laws, ordinances, regulations, and administrative rules relating to management of wildlife resources in their respective states. (2) Recognize the suspension of wildlife license privileges or rights of any person whose license privileges or rights have been suspended by a party state and treat this suspension as if it had occurred in their state. (3) Allow violators to accept a wildlife citation, except as provided in subdivision (b) of Article III, and proceed on the violator's way without delay whether or not the person is a resident in the state in which the citation was issued, provided that the violator s home state is party to this compact. (4) Report to the appropriate party state, as provided in the compact manual, any conviction recorded against any person whose home state was not the issuing state. (5) Allow the home state to recognize and treat convictions recorded for their residents which occurred in another party state as if they had occurred in the home state. (6) Extend cooperation to its fullest extent among the party states for obtaining compliance with the terms of a wildlife citation issued in one party state to a resident of another party state. (7) Maximize effective use of law enforcement personnel and information. (8) Assist court systems in the efficient disposition of wildlife violations. (c) The purpose of this compact is to: (1) Provide a means through which the party states may participate in a reciprocal program to effectuate policies enumerated in subdivision (b) of this article in a uniform and orderly manner. (2) Provide for the fair and impartial treatment of wildlife violators operating within party states in recognition of the person's right of due process and the sovereign status of a party state.

1182______GENERAL ACTS AND RESOLUTIONS, VOL. I_________
ARTICLE II DEFINITIONS
Unless the context requires otherwise, the definitions in this article apply through this compact and are intended only for the implementation of this compact: (a) "Citation" means any summons, complaint, ticket, penalty assessment, or other official document issued by a wildlife officer or other peace officer for a wildlife violation containing an order which requires the person to respond. (b) "Collateral" means any cash or other security deposited to secure an appearance for trial, in connection with the issuance by a wildlife officer or other peace officer of a citation for a wildlife violation. (c) "Compliance" with respect to a citation means the act of answering the citation through appearance at a court, a tribunal, or payment of fines, costs, and surcharges, if any, or both such appearance and payment. (d) "Conviction" means a conviction, including any court conviction, of any offense related to the preservation, protection, management, or restoration of wildlife which is prohibited by state statute, law, regulation, ordinance, or administrative rule, or a forfeiture of bail, bond, or other security deposited to secure appearance by a person charged with having committed any such offense, or payment of a penalty assessment, or a plea of nolo contendere, or the imposition of a deferred or suspended sentence by the court. (e) "Court" means a court of law, including Magistrate's Court and the Justice of the Peace Court. (f) "Home state" means the state of primary residence of a person. (g) "Issuing state" means the party state which issues a wildlife citation to the violator. (h) "License" means any license, permit, or other public document which conveys to the person to whom it was issued the privilege of pursuing, possessing, or taking any wildlife regulated by statute, law, regulation, ordinance, or administrative rule of a party state. (i) "Licensing authority" means the department within each party state which is authorized by law to issue or approve licenses or permits to hunt, fish, trap, or possess wildlife. (j) "Party state" means any state which enacts legislation to become a member of this wildlife compact. (k) "Personal recognizance" means an agreement by a person made at the time of issuance of the wildlife citation that the person will comply with the terms of that citation. (1) "State" means any state, territory, or possession of the United States, the District of Columbia, Commonwealth of Puerto Rico, Provinces of Canada, or other countries. (m) "Suspension" means any revocation, denial, or withdrawal of any or all license privileges or rights, including the privilege or right to apply for, purchase, or exercise the benefits conferred by any license.

__________GEORGIA LAWS 2002 SESSION__________1183
(n) "Terms of the citation" means those conditions and options expressly stated upon the citation. (o) "Wildlife" means all species of animals, including but not necessarily limited to mammals, birds, fish, reptiles, amphibians, mollusks, and crustaceans, which are defined as "wildlife" and are protected or otherwise regulated by statute, law, regulation, ordinance, or administrative rule in a party state. "Wildlife" also means food fish and shellfish as defined by statute, law, regulation, ordinance, or administrative rule in a party state. Species included in the definition of "wildlife" vary from state to state and determination of whether a species is "wildlife" for the purposes of this compact shall be based on local law. (p) "Wildlife law" means any statute, law, regulation, ordinance, or administrative rule developed and enacted to manage wildlife resources and the use thereof. (q) "Wildlife officer" means any individual authorized by a party state to issue a citation for a wildlife violation. (r) "Wildlife violation" means any cited violation of a statute, law, regulation, ordinance, or administrative rule developed and enacted to manage wildlife resources and the use thereof.
ARTICLE III PROCEDURES FOR ISSUING STATE
(a) When issuing a citation for a wildlife violation, a wildlife officer shall issue a citation to any person whose primary residence is in a party state in the same manner as if the person were a resident of the home state and shall not require the person to post collateral to secure appearance, subject to the exceptions contained in subdivision (b) of this article, if the officer receives the person's personal recognizance that the person will comply with the terms of the citation. (b) Personal recognizance is acceptable:
(1) If not prohibited by local law or the compact manual adopted by the Board of Natural Resources as a rule; and (2) Ifthe violator provides adequate proofofthe violator's identification to the wildlife officer. (c) Upon conviction or failure of a person to comply with the terms of a wildlife citation, the appropriate official shall report the conviction or failure to comply to the licensing authority of the party state in which the wildlife citation was issued. The report shall be made in accordance with procedures specified by the issuing state and shall contain the information specified in the compact manual adopted by the Board of Natural Resources as a rule as minimum requirements for effective processing by the home state. (d) Upon receipt of the report of conviction or noncompliance required by subdivision (c) of this article, the licensing authority of the issuing state shall transmit to the licensing authority in the home state of the violator the information in a form and content as contained in the compact manual adopted by the Board of Natural Resources as a rule.

1184_____GENERAL ACTS AND RESOLUTIONS, VOL. I_________
ARTICLE IV PROCEDURES FOR HOME STATE
(a) Upon receipt of a report of failure to comply with the terms of a citation from the licensing authority of the issuing state, the licensing authority of the home state shall notify the violator, shall initiate a suspension action in accordance with the home state's suspension procedures and shall suspend the violator's license privileges or rights until satisfactory evidence of compliance with the terms of the wildlife citation has been furnished by the issuing state to the home state licensing authority. Due process safeguards will be accorded. (b) Upon receipt of a report of conviction from the licensing authority of the issuing state, the licensing authority of the home state shall enter such conviction in its records and shall treat such conviction as if it occurred in the home state for the purposes of the suspension of license privileges. (c) The licensing authority of the home state shall maintain a record of actions taken and make reports to issuing states as provided in the compact manual adopted by the Board of Natural Resources as a rule.
ARTICLE V RECIPROCAL RECOGNITION OF SUSPENSION
All party states shall recognize the suspension of license privileges or rights of any person by any state as if the violation on which the suspension is based had in fact occurred in their state and would have been the basis for suspension of license privileges or rights in their state.
ARTICLE VI APPLICABILITY OF OTHER LAWS
Except as expressly required by provisions of this compact, nothing herein shall be construed to affect the right of any party state to apply any of its laws relating to license privileges to any person or circumstance, or to invalidate or prevent any agreement or other cooperative arrangements between a party state and a nonparty state concerning wildlife law enforcement.
ARTICLE VII COMPACT ADMINISTRATOR PROCEDURES
(a) For the purpose of administering the provisions of this compact and to serve as a governing body for the resolution of all matters relating to the operation of this compact, a board of compact administrators is established. The board of compact administrators shall be composed of one representative from each ofthe party states to be known as the compact administrator. The compact administrator shall be appointed by the head of the licensing authority of each party state, or his or her designee, and will serve and be subject to removal in

___________GEORGIA LAWS 2002 SESSION___________1185
accordance with the laws of the state the administrator represents. A compact administrator may provide for the discharge of the administrator's duties and the performance of the administrator's functions as a board of compact administrators member by an alternate. An alternate may not be entitled to serve unless written notification of the alternate's identity has been given to the board of compact administrators. (b) Each member of the board of compact administrators shall be entitled to one vote. No action of the board of compact administrators shall be binding unless taken at a meeting at which a majority of the total number of votes on the board of compact administrators are cast in favor thereof. Action by the board of compact administrators shall be only at a meeting at which a majority ofthe party states are represented. (c) The board of compact administrators shall elect annually, from its membership, a chairperson and vice-chairperson. (d) The board of compact administrators shall adopt bylaws, not inconsistent with the provisions of this compact or the laws of a party state, for the conduct of its business and shall have the power to amend and rescind its bylaws. (e) The board of compact administrators may accept for any of its purposes and functions under this compact all donations and grants of money, equipment, supplies, materials, and services, conditional or otherwise, from any state, the United States, or any governmental agency, and may receive, utilize, and dispose of the same. (f) The board of compact administrators may contract with or accept services or personnel from any governmental or intergovernmental agency, individual, firm, corporation, or any private nonprofit organization or institution. (g) The board ofcompact administrators shall formulate all necessary procedures and develop uniform forms and documents for administering the provisions of this compact. All procedures and forms adopted pursuant to board of contact administrators action shall be contained in the compact manual adopted by the Board of Natural Resources as a rule.
ARTICLE VIII ENTRY INTO COMPACT AND WITHDRAWAL
(a) This compact shall become effective when it has been adopted by at least two states.
(b)(l) Entry into the compact shall be made by resolution of ratification executed by the authorized officials of the applying state and submitted to the chairperson of the board of compact administrators. (2) The resolution shall be in a form and content as provided in the compact manual adopted by the Board ofNatural Resources as a rule and shall include statements that in substance are as follows:
(A) A citation of the authority by which the state is empowered to become a party to this compact; (B) Agreement to comply with the terms and provisions ofthe compact; and

1186_____GENERAL ACTS AND RESOLUTIONS, VOL. I________
(C) That compact entry is with all states then party to the compact and with any state that legally becomes a party to the compact. (3) The effective date of entry shall be specified by the applying state, but shall not be less than sixty days after notice has been given by the chairperson of the board of compact administrators or by the secretariat of the board of compact administrators to each party state that the resolution from the applying state has been received. (c) A party state may withdraw from this compact by official written notice to the other party states, but a withdrawal shall not take effect until ninety days after notice of withdrawal is given. The notice shall be directed to the compact administrator of each member state. No withdrawal shall affect the validity of this compact as to the remaining party states.
ARTICLE IX AMENDMENTS TO THE COMPACT
(a) This compact may be amended from time to time. Amendments shall be presented in resolution form to the chairperson of the board of compact administrators and may be initiated by one or more party states. (b) Adoption of an amendment shall require endorsement by all party states and shall become effective thirty days after the date of the last endorsement. (c) Failure of a party state to respond to the compact chairperson within one hundred twenty days after receipt of the proposed amendment shall constitute endorsement.
ARTICLE X CONSTRUCTION AND SEVERABILITY
This compact shall be liberally construed so as to effectuate the purposes stated herein. The provisions of this compact shall be severable and if any phrase, clause, sentence, or provision of this compact is declared to be contrary to the constitution of any party state or of the United States or the applicability thereof to any government, agency, individual, or circumstance is held invalid, the compact shall not be affected thereby. If this compact shall be held contrary to the constitution of any party state thereto, the compact shall remain in full force and effect as to the remaining states and in full force and effect as to the state affected as to all severable matters.
ARTICLE XI TITLE
This compact shall be known as the wildlife violator compact.

____________GEORGIA LAWS 2002 SESSION__________1187
27-2-41.
The Board of Natural Resources shall make and publish such rules and regulations, not inconsistent with law, as it deems necessary to carry out the purposes of this article.
27-2-42.
It shall be unlawful for any person whose license, privilege, or right to hunt, fish, trap, possess, or transport wildlife, having been suspended or revoked pursuant to this article, to exercise that right or privilege within this state or to purchase or possess such a license which grants such right or privilege. Any person who hunts, fishes, traps, possesses, or transports wildlife in this state or who purchases or possesses a license to hunt, fish, trap, possess, or transport wildlife in this state in violation of such suspension or revocation pursuant to this article shall be guilty of a misdemeanor of a high and aggravated nature and 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. Said chapter is further amended by striking in its entirety subsection (c) of Code Section 27-2-25.1, relating to suspension ofhunting privileges for negligent hunting and procedures following hunting accidents, and inserting in lieu thereof the following:
"(c) Upon notification of such a death or injury, whether by the hunter or by some other person, the department shall immediately initiate an investigation of such incident and submit a report to the commissioner. If the commissioner determines culpable negligence on the part of the person causing the death or injury and that such negligence was the proximate cause of such death or injury, the commissioner may suspend that person's hunting privileges for a specified period of time not to exceed ten years. Any such determination to suspend shall be subject to review as provided for in this Code section. When the commissioner shall decide to suspend said person's hunting privileges, the commissioner must notify such person of said suspension and of his right to a hearing to contest the commissioner's determination. The notification from the commissioner to the person whose license is being suspended shall be by certified mail or statutory overnight delivery with return receipt requested; or, in lieu thereof, notice may be given by personal service upon such person. Upon such notice, any such hunting privileges shall be revoked by such notice and such person shall surrender his or her hunting license, if any, to the department within ten days of such notification. For the purposes of this article, notice given by certified mail or statutory overnight delivery with return receipt requested mailed to the person's last known address shall be prima-facie evidence that such person received the required notice."

1188______GENERAL ACTS AND RESOLUTIONS, VOL. I_______
SECTION 3. Said chapter is further amended by striking in its entirety Code Section 27-2-29, relating to free fishing days, and inserting in lieu thereof the following:
"27-2-29.
Notwithstanding any other provision of this article, the commissioner may designate not more than three days, which need not be consecutive, in each calendar year as free fishing days during which residents may, without obtaining a fishing license, exercise the privileges of a holder of a fishing license, subject to all limitations, restrictions, conditions, rules, and regulations applicable to the holder of a fishing license. This Code section shall in no way affect the commercial fishing licenses required under this article."
SECTION 4. Said title is further amended by striking in its entirety Code Section 27-3-4, relating to legal weapons for hunting wildlife generally, and inserting in lieu thereof the following:
"27-3-4.
It shall be unlawful to hunt wildlife with any weapon, except that: (1) Longbows, recurve bows, crossbows, 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, crossbows, 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 center-fire firearms .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. Bullets used in all center-fire 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 31/2 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, crossbows, and compound bows; provided, however, that nothing contained in this paragraph shall permit the taking of protected species; (5)(A) For hunting deer and bear, shotguns shall be limited to a capacity of not more than five shells in the magazine and chamber combined. If a plug is necessary to so limit the capacity, the plug shall be of one piece, incapable of being removed through the loading end of the magazine.

____________GEORGIA LAWS 2002 SESSION__________1189

(B) For hunting all other game, shotguns shall be limited to a capacity ofnot more than three shells in the magazine and chamber combined. If a plug is necessary to so limit the capacity, the plug shall be of one piece, incapable of being removed through the loading end of the magazine; (6) It shall be unlawful to hunt turkey with any weapons except shotguns using No. 2 shot or smaller, muzzleloading firearms, longbows, crossbows, 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; (7) There are no firearms restrictions for taking nongame animals or nongame birds; and (8) The use of silencers for hunting within this state is prohibited."

SECTION 5. Said title is further amended by striking in its entirety subsection (a) of Code Section 27-3-9, relating to the unlawful enticement of game, and inserting in lieu thereof the following:
"(a) It shall be unlawful for any person to place, expose, deposit, distribute, or scatter any corn, wheat, or other grains, salts, apples, or other feeds or bait so as to constitute a lure or attraction or enticement for any game bird or game animal on or over any area where hunters are or will be hunting; provided, however, that is shall be lawful to hunt deer within the vicinity of such feeds if the hunter is at least 200 yards away from and not within sight of the feed or bait."

SECTION 6. Said title is further amended by striking in their entirety subsections (a) and (b) of Code Section 27-3-15, relating to seasons and bag limits, promulgation of rules and regulations by Board of Natural Resources, possession of more than bag limit, and reporting number of deer killed, and inserting in lieu thereof the following:
"(a) It shall be unlawful to hunt the following game species at any time during the periods set forth below:

Game Species

Closed Season

(1) Quail

March 16 Oct. 31

(2) Grouse

March 1 Oct. 14

(3) Turkey

(A) Gobblers

May 22 March 14

(B) Hens

All year

(4) Deer

Jan. 16 Sept. 7

1190

GENERAL ACTS AND RESOLUTIONS, VOL. I

(5) Bobcat

March 1 --Oct. 14

(6) Opossum

March 1 -- Oct. 14, for that area north of and including Haralson, Paulding, Bartow, Cherokee, Forsyth, Hall, Banks, Franklin, and Hart counties

(7) Rabbit

March 1 -- Oct. 31

(8) Raccoon

March 1 -- Oct. 14, for that area north of and including Carroll, Fulton, Gwinnett, Barrow, Clarke, Oglethorpe, Taliaferro, Wilkes, and Lincoln counties

(9) Squirrel

March 1 --August 14

(10) Bear

Jan. 16 --Sept. 7

(11) Sea turtles and their eggs

All year

(12) Cougar (Felis concolor)

All year

(13) Alligators

Nov. 1 -- March 31

(14) Migratory game birds

March 11 -- August 31

(b) It shall be unlawful to hunt the following game species at any time during the period set forth below, except that it shall not be unlawful to hunt the following game species during such periods or portions thereof, and in such number not to exceed the following numbers, as may be designated by the board as open seasons and bag limits for such species:

Game Species Maximum Open Season

Maximum Bag Limits

Daily Season

(1) Quail

Nov. 1 -- March 15

12

No limit

(2) Grouse

Oct. 15--Feb. 29

3

No limit

(3) Turkey gobblers

March 15--May 21

3

3

GEORGIA LAWS 2002 SESSION

1191

(4) Deer
(5) Bobcat (6) Opossum
(7) Rabbit (8) Raccoon

Sept. 8 --Jan. 15

The daily limit shall be ten antlerless deer and two antlered bucks. The season limit shall be ten antlerless deer and two antlered bucks. Only one antlered buck may have less than four points one inch or longer on one side of the antlers. Up to two deer per managed hunt may be allowed on wildlife management areas without complying with the state-wide bag limit

Oct. 15 --Feb. 29

No limit No limit

(A) Oct. 15 --Feb. 29, for that area north of and including Haralson, Paulding, Bartow, Cherokee, Forsyth, Hall, Banks, Franklin, and Hart counties; and

No limit

No limit

(B)Jan. 1--Dec. 31 for the No limit No limit remainder of the state

Nov. 1 -- Feb. 29

12

No limit

(A) Oct. 15 --Feb. 29, for that area north of and including Carroll, Fulton, Gwinnett, Barrow, Clarke, Oglethorpe, Taliaferro, Wilkes, and Lincoln counties; and

No limit

No limit

(B) Jan. 1 -- Dec. 31 for the No limit remainder of the state

No limit

1192_____GENERAL ACTS AND RESOLUTIONS, VOL. I

(9) Squirrel

Aug. 15 -- Feb. 29

(10) Fox

Jan. 1 -- Dec. 3 1

(11) Migratory Sept. 1 -- March 10 game birds

(12) Bear

Sept. 8 --Jan. 15

(13) Alligators April 1--Oct. 31

12

No limit

No limit No limit

Subject to limits set by the federal government and adopted by the board

1

1

Subject to limits adopted by the board"

SECTION 7. All laws and parts of laws in conflict with this Act are repealed.
Approved May 16, 2002.

INSURANCE - LIABILITY OF INSURER TO PAY THIRD PARTY ON BEHALF OF INSURED UNDER MOTOR VEHICLE LIABILITY INSURANCE POLICY FOR CERTAIN TOWING AND STORAGE
COSTS; REGULATION OF INSURANCE PREMIUM FINANCE COMPANIES REVISED.
Code Sections 33-7-11.1, 33-22-3, 33-22-7, 33-22-8, 33-22-9, 33-22-12.1, 33-22-13, 33-22-14,and 33-22-16 Amended. Code Section 33-22-14.1 Enacted.
No. 940 (House Bill No. 24).
AN ACT
To amend Code Section 33-7-11.1 of the Official Code of Georgia Annotated, relating to commencement of liability of insurer to pay benefits to third party on behalf of insured, so as to include towing and storage costs in the losses for which an insurer must pay to a third party on behalf of an insured under a motor vehicle or automobile liability insurance policy; to amend Chapter 22 of Title 33 of the Official Code of Georgia Annotated, relating to insurance premium finance companies, so as to change certain provisions relating to requirements for license for transaction of business, fees, change of address, and examination of applicants; to change certain provisions relating to maintenance of records of transactions by

_____________GEORGIA LAWS 2002 SESSION__________1193
licensees and examination of records by the Commissioner of Insurance; to change certain provisions relating to form, contents, execution, and delivery of premium finance agreements; to change certain provisions relating to service charges; to change certain provisions relating to notice to insured by premium finance company, copy of premium finance agreement, and notice of existence of power of attorney; to change certain provisions relating to procedure for cancellation of insurance contract upon default; to change certain provisions relating to disposition of unearned premiums upon cancellation of insurance policies; to provide for use of electronic records and signatures subject to certain provisions of law; to change certain provisions relating to applicability 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. Code Section 33-7-11.1 of the Official Code of Georgia Annotated, relating to commencement of liability of insurer to pay benefits to third party on behalf of insured, is amended by striking the Code section in its entirety and inserting in lieu thereof a new Code Section 33-7-11.1 to read as follows:
"33-7-11.1. (a) As used in this Code section, 'liability insurance policy' means an automobile liability or motor vehicle liability insurance policy issued or delivered in this state to the owner of such vehicle or issued or delivered by any insurer licensed in this state upon any such motor vehicle then principally garaged or principally used in this state. (b) Any insurer, upon acceptance of liability, pursuant to any automobile liability or motor vehicle liability insurance policy, shall pay reasonable benefits for losses, including total losses, to a third party on behalf of an insured for loss of use and towing and storage costs of such a motor vehicle, and the liability of the insurer for payment ofbenefits for losses, including total losses, to the third party shall commence as ofthe time ofthe incident or occurrence which results in such losses; provided, however, in no event shall this Code section be construed so as to relieve the claimant of his or her obligation to mitigate his or her losses or to require the payment of loss of use and towing and storage costs benefits in an amount which is greater than the actual losses suffered. (c) The provisions of this Code section shall be applicable to all automobile liability or motor vehicle liability insurance policies that pay benefits to a third party on behalf of an insured for the loss of use and towing and storage costs of such motor vehicle issued, delivered, or renewed in this state on or after July 1, 2002."
SECTION 2. Chapter 22 of Title 33 of the Official Code of Georgia Annotated, relating to insurance premium finance companies, is amended by striking subsection (c) of Code Section 33-22-3, relating to requirements for license for transaction of

1194_____GENERAL ACTS AND RESOLUTIONS, VOL. I_______
business, fees, change of address, and examination of applicants, and inserting in lieu thereof the following:
"(c) Before any licensee changes his or her address, he or she shall inform the Commissioner of the change in writing."
SECTION 3. Said chapter is further amended by striking subsection (b) of Code Section 33-22-7, relating to maintenance of records of transactions by licensees and examination of records by the Commissioner of Insurance, and inserting in lieu thereof the following:
"(b) Every licensee shall preserve its records of its premium finance transactions, including cards used in a card system, for at least three years after making the final entry in respect to any premium finance agreement. The preservation of records in photographic or electronic form shall constitute compliance with this requirement."
SECTION 4. Said chapter is further amended by striking Code Section 33-22-8, relating to form, contents, execution, and delivery of premium finance agreements, and inserting in lieu thereof the following:
"33-22-8.
(a) A premium finance agreement shall: (1) Be dated and signed by or on behalf of the insured, and the printed portion of the agreement shall be in approximately eight-point type and shall be readable by an individual with average eyesight; (2) Contain the name and place ofbusiness ofthe insurance agent or insurance broker negotiating the related insurance contract, the name and residence or place of business of the insured as specified by him or her, the name and place of business of the premium finance company to which payments are to be made, a description of the insurance contracts involved, and the amount of the premium for the contracts; and (3) Set forth the following items, where applicable: (A) The total amount of the premiums; (B) The amount of the down payment; (C) The principal balance (the difference between subparagraphs (A) and (B) of this paragraph); (D) The amount of the service charge, including the additional charge as provided in Code Section 33-22-9; (E) The balance payable by the insured (the sum of subparagraphs (C) and (D) of this paragraph); and (F) The number of payments required, the amount of each payment expressed in dollars, and the due date or period of payment.
(b) The items set out in paragraph (3) ofsubsection (a) ofthis Code section need not be stated in the sequence or order in which they appear in such clause, and

____________GEORGIA LAWS 2002 SESSION__________1195
additional items may be included to explain the computations made in determining the amount to be paid by the insured. (c) The licensee or the insurance agent or insurance broker shall deliver to the insured or send by electronic means or mail to the insured at his or her address shown in the agreement a complete copy of the agreement. (d) Whenever an insurance policy has been financed pursuant to this chapter, an additional premium to such policy or a renewal or extension of such policy may be financed with the same premium finance company without the execution of a new premium finance agreement. The premium finance company or the insurance agent or insurance broker shall deliver to the insured or send by electronic means or mail to the insured at his or her address shown in the agreement an addendum to the existing premium finance agreement, and such addendum shall contain the information required under subsection (a) of this Code section."
SECTION 5. Said chapter is further amended by striking Code Section 33-22-9, relating to service charges, and inserting in lieu thereof the following:
"33-22-9.
(a) As used in this Code section, the term: (1) 'Commercial insurance premium finance agreement' means any insurance premium finance agreement other than a consumer premium finance agreement. (2) 'Consumer insurance premium finance agreement' means an insurance premium finance agreement, as defined in Code Section 33-22-2, wherein the insurance contracts which are the subject of the premium finance agreement are for personal, family, or household purposes rather than business or professional purposes.
(b) A premium finance company shall not charge, contract for, receive, or collect a service charge other than as permitted by this chapter. (c) The service charge shall be computed on the balance of the premiums due, after subtracting the down payment made by the insured in accordance with the premium finance agreement, from the effective date of the insurance coverage for which the premiums are being advanced, to and including the date when the final payment of the premium finance agreement is payable; provided, however, that service charges as specified in the premium finance agreement may continue to be charged until such agreement is paid in full. (d) The service charge per consumer insurance premium finance agreement shall be a maximum of $ 12.00 per $ 100.00 per annum plus an additional charge which shall not exceed $20.00 per premium finance agreement, which additional charge need not be refunded upon prepayment. Any insured may prepay his premium finance agreement in full at any time before the due date of the final payment and in such event the unearned service charge shall be refunded in accordance with the Rule of 78 and shall represent at least as great a proportion of the service charge, if any, as the sum of the periodic balances after the month in which

1196_____GENERAL ACTS AND RESOLUTIONS, VOL. I_________
prepayment is made bears to the sum of all periodic balances under the schedule of payments in the agreement. (e) The service charge for a commercial insurance premium finance agreement shall be properly agreed upon by the parties to the contract. The claim or defense of usury by such insureds who enter into such a commercial insurance premium finance agreement or their successors or anyone in their behalf shall not be valid if such agreement is a valid contract in all other respects."
SECTION 6. Said chapter is further amended by striking Code Section 33-22-12.1, relating to notice to insured by premium finance company, copy of premium finance agreement, and notice of existence of power of attorney, and inserting in lieu thereof the following:
"33-22-12.1. Whenever a premium finance company executes a premium finance agreement relative to a personal or family-type policy of insurance, it shall deliver to the insured or send by electronic means or mail to the insured at his or her address shown in the agreement a copy of the agreement and a written notice which clearly discloses to the insured the existence of the power of attorney contained in such agreement. The written notice shall substantially comply with the following form:
'NOTICE
Your insurance policy premiums have been financed and are payable on a monthly payment basis. If you do not pay each payment on or before the date due or within 15 days of the date due, we have the right to CANCEL your insurance policy or policies which are financed under the premium finance agreement. To avoid cancellation of your policy or policies, MAKE YOUR PAYMENTS ON TIME.'"
SECTION 7. Said chapter is further amended by striking subsection (b) of Code Section 33-22-13, relating to procedure for cancellation of insurance contract upon default, and inserting in lieu thereof the following:
"(b) Not less than ten days' written notice shall be delivered to the insured or sent by electronic means or mailed to the insured at his or her address shown in the agreement of the intent of the premium finance company to cancel the insurance contract unless the default is cured within such ten-day period. A copy of said notice shall also be sent to the insurance agent or insurance broker indicated on the premium finance agreement."

____________GEORGIA LAWS 2002 SESSION__________1197
SECTION 8. Said chapter is further amended by striking paragraph (1) of subsection (b) of Code Section 33-22-14, relating to disposition of unearned premiums upon cancellation of insurance policies, and inserting in lieu thereof the following:
"(b)( 1) In the event that the crediting of return premiums to the account of the insured results in a surplus over the amount due from the insured, the premium finance company shall refund the excess within ten working days of receipt of the return premium or tender of return premium to the insured via the agent, agency, or broker placing the insurance and shall furnish such agent, agency, or broker, upon a written request, a report setting forth an itemization of the unearned finance charge and other charges under the premium finance agreement; provided, however, there shall be no refund required when the excess due the insured is less than $5.00."
SECTION 9. Said chapter is further amended by adding a new Code Section 33-22-14.1 to read as follows:
"33-22-14.1. Any use or transmission of electronic records or electronic signatures for purposes of this chapter shall be subject to the provisions of Chapter 12 of Title 10, the 'Georgia Electronic Records and Signatures Act.'"
SECTION 10. Said chapter is further amended in Code Section 33-22-16, relating to applicability of said chapter, by striking "or" at the end of paragraph (5), striking "." at the end of paragraph (6) and inserting in lieu thereof"; or", and adding a new paragraph (7) to read as follows:
"(7) A holder in due course ofthe receivables generated by a premium finance company but who is not otherwise acting as a premium finance company under the provisions of this chapter."
SECTION 11. All laws and parts of laws in conflict with this Act are repealed.
Approved May 16, 2002.

1198_____GENERAL ACTS AND RESOLUTIONS, VOL. I_________
CONSERVATION AND NATURAL RESOURCES - POWER ALLEY DEVELOPMENT AUTHORITY CREATED.
Code Title 12, Chapter 3, Article 12 Enacted.
No. 941 (House Bill No. 744).
AN ACT
To amend Chapter 3 of Title 12 of the Official Code of Georgia Annotated, relating to state parks and facilities, so as to enact the "Power Alley Development Authority Act"; to provide for the creation of the Power Alley Development Authority; to provide for the geographic jurisdiction of the authority; to provide for the members of the authority and their selection, service, and terms of office; to provide for the powers, duties, operations, and financial affairs of the authority; to authorize the issuance of financial obligations of the authority and provide for all matters connected with such obligations; to provide for the general purpose ofthe authority; to provide for other related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Chapter 3 of Title 12 of the Official Code of Georgia Annotated, relating to state parks and facilities, is amended by adding at the end of said chapter a new Article 12 to read as follows:
"ARTICLE 12
12-3-680. This article shall be known and may be cited as the 'Power Alley Development Authority Act.'
12-3-681. (a) There is created a body corporate and politic to be known as the Power Alley Development Authority which shall be deemed to be a political subdivision of the State of Georgia and a public corporation by that name, style, and title. Said body may contract and be contracted with, sue and be sued, implead and be impleaded, and complain and defend in all courts of law and equity, except that the authority or the trustee acting under the trust indenture shall in no event be liable for any torts committed by any of the officers, agents, and employees. The authority is granted the same exemptions and exclusions from taxes as are now granted to cities and counties for the operation of facilities similar to facilities to be operated by the authority as provided under the provisions of this article.

____________GEORGIA LAWS 2002 SESSION__________1199
(b) The authority shall consist ofnine members who are residents ofthe counties in the geographic jurisdiction of the authority as follows:
(1) Five members shall be appointed by the Governor. The terms of the initial members appointed by the Governor shall begin July 1, 2002, and one such member shall serve for a term of two years, two such members shall serve for terms of three years, and two such members shall serve for terms of four years. Thereafter all members appointed by the Governor shall serve for terms of four years; (2) Two members shall be appointed by the President of the Senate for terms concurrent with the President ofthe Senate's term as Lieutenant Governor; and (3) Two members shall be appointed by the Speaker of the House of Representatives for terms concurrent with the Speaker's term as Speaker. All members shall serve until their successors are appointed and qualified. (c) The members of the authority shall elect one of their members as chairperson and another as vice chairperson. They 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. (d) The authority may make such bylaws for its government as is deemed necessary but is under no obligation to do so. (e) Any five 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. However, no person shall be entitled to exercise or cast a proxy vote for any member. No vacancy on the authority shall impair the right of a quorum to transact any and all business as aforesaid. (f) The members shall receive no compensation for their services; but all members shall be entitled to be reimbursed from funds of the authority for actual expenses, including travel and any other expenses, incurred while in the performance of their duties. Employees of the authority shall receive reasonable compensation, to be determined by the members of the authority, for their services. (g) A vacancy in one of the appointive positions shall be filled in the same manner as the original appointment for the remainder of the unexpired term.
12-3-682. (a) As used in this article, the term:
(1) 'Authority' means the Power Alley Development Authority created in Code Section 12-3-681. (2) 'Cost of the project' means and embraces the cost of construction; the cost of all lands, properties, rights, easements, and franchises acquired and the cost of all conveyances in fee simple of the authority's title thereto and leases thereof; the cost of all machinery and equipment; financing charges; interest prior to and during construction and for one year after completion of construction; cost of engineering, architectural, fiscal, and legal expenses, plans, and specifications; other expenses necessary or incident to determining

1200_____GENERAL ACTS AND RESOLUTIONS, VOL. I_______
the feasibility or practicability ofthe project; administrative expenses; and such other expenses as may be necessary or incident to the financing authorized in this article, the construction of any project, and the placing of the same in operation. Any obligation or expense incurred for any of the foregoing purposes shall be regarded as a part of the cost of the project and may be paid or reimbursed as such out of the proceeds of revenue bonds issued under the provisions of this article for such project. (3) 'Geographic jurisdiction of the authority1 means each county in the state which contains any part of U.S. Highway 280 running from Columbus to Savannah. (4) 'Project' means and includes the acquisition, financing, construction, equipping, maintenance, marketing, or operation of roads, bridges, or rail or air or other transportation facilities; industrial, commercial, office, and retail facilities; restaurants, motels, hotels, and recreation centers and areas, including, but not limited to, playgrounds; parks; hiking, camping, and picnicking areas and facilities; swimming and wading pools; lakes; golf courses; tennis courts; athletic fields and courts; clubhouses; gymnasiums; auditoriums; and related buildings; and the usual and convenient facilities pertaining to such undertakings and extensions and improvements of such facilities; the acquisition of transportation facilities, parking facilities, or parking areas in connection therewith; the acquisition ofthe necessary property therefor, both real and personal; and the lease and sale of any part or all of such facilities, including real and personal property, so as to assure the efficient and proper development, maintenance, and operation of such recreational facilities and areas deemed by the authority to be necessary, convenient, or desirable. (5) 'Public property' means any public property within the geographic jurisdiction of the authority. (6) 'Revenue bonds,' 'bonds,' and 'obligations' mean revenue bonds as defined and provided for in Article 3 of Chapter 82 of Title 36 and such type of obligations may be issued by the authority as authorized under said Article 3 and, in addition, shall also mean obligations of the authority, the issuance of which are hereinafter specifically provided for in this article. (b) Any project shall be deemed 'self-liquidating' if, in the judgment of the authority, the revenues and earnings to be derived by the authority therefrom and all properties used, leased, and sold in connection therewith will be sufficient to pay the cost of operating, maintaining, repairing, improving, and extending the project and to pay the principal of and interest on the revenue bonds which may be issued to finance, in whole or in part, the cost of such project or projects.
12-3-683. The authority shall have powers:
(1) To have a seal and alter the same at pleasure; (2) To acquire by purchase, lease, or otherwise, with the exception of eminent domain, and to hold, lease, and dispose of real and personal property of every kind and character for its corporate purposes;

__________GEORGIA LAWS 2002 SESSION________1201
(3) To acquire in its own name by purchase, on such terms and conditions and in such manner as it may deem proper, real property or rights of easements therein or franchises necessary or convenient for its corporate purposes and to use the same so long as its corporate existence shall continue; to lease or make contracts with respect to the use of the same; or to dispose of the same in any manner it deems to the best advantage of the authority, subject to the provisions of Code Section 12-3-705. No property shall be acquired under the provisions of this article upon which any lien or other encumbrance exists unless, at the time such property is so acquired, a sufficient sum of money is deposited in trust to pay and redeem the fair value of such lien or encumbrance. If the authority shall deem it expedient to construct any project on any lands, the title to which shall then be in the State of Georgia, the Governor is authorized to convey, for and in behalf of the state, title to such lands to the authority upon payment to the State of Georgia for the credit of the general fund of the state the reasonable value of such lands, such value to be determined by three appraisers to be agreed upon by the Governor and the chairperson of the authority. If the authority shall deem it expedient to construct any project on any lands, the title to which shall then be in a county or in any municipality incorporated in the geographic jurisdiction of the authority, the governing body of that county or municipality is authorized to convey title to such lands to the authority upon payment for the credit of the general funds of said counties or municipalities the reasonable value of such lands, such value to be determined by three appraisers to be agreed upon by the governing authority or body of said county or municipality and the chairperson of the authority; (4) To appoint, select, and employ officers, agents, and employees, including, but not limited to, engineering, architectural, and construction experts; fiscal agents; and attorneys and fix their respective compensations; (5) To make contracts and leases and to execute all instruments necessary or convenient, including contracts for construction of projects and leases of projects or contracts with respect to the use of projects which it causes to be erected or acquired, and to dispose by conveyance of its title in fee simple of real and personal property of every kind and character, subject to the provisions of Code Section 12-3-705. Any and all persons, firms and corporations, the state, and any and all political subdivisions, departments, institutions, or agencies of the state are authorized to enter into contracts, leases, or agreements with the authority upon such terms and for such purposes as they deem advisable; and, without limiting the generality of the above, authority is specifically granted to municipal corporations and counties and to the authority to enter into contracts and lease and sublease agreements with the State of Georgia or any agencies or departments thereof relative to parks and recreational centers, areas, and facilities and relative to any property, which such department or other agency or department ofthe State ofGeorgia has now or may hereafter obtain by lease from the United States government or any agency or department thereof, and with the United States government or any

1202_____GENERAL ACTS AND RESOLUTIONS, VOL. I________
agency or department thereof. The authority is specifically authorized to convey title, in fee simple, to any and all of its lands and any improvements thereon to any persons, firms, corporations, municipalities, the State of Georgia, or the United States government, or any agency or department thereof, subject to the rights and interests of the holders of any of the bonds or obligations authorized to be issued pursuant to this article, by the resolution or trust indenture of the authority authorizing the issuance of any of its bonds or obligations as provided in Code Section 12-3-696; (6) To construct, erect, acquire, own, repair, remodel, maintain, add to, extend, improve, equip, operate, and manage projects as defined in paragraph (4) of Code Section 12-3-682, the cost of any such project to be paid in whole or in part from the proceeds of revenue bonds or other funds of the authority or from such proceeds or other funds and any grant from the United States of America or any agency or instrumentality thereof; (7) To accept loans or grants of money or materials or property of any kind from the United States of America or any agency or instrumentality thereof upon such terms and conditions as the United States ofAmerica or such agency or instrumentality may impose; (8) To accept loans or grants of money or materials or property of any kind from the State of Georgia or any agency or instrumentality or political subdivision thereof upon such terms and conditions as the State of Georgia or such agency or instrumentality or political subdivision may impose; (9) To borrow money for any of its corporate purposes and to execute evidences of such indebtedness and to secure the same, to issue negotiable revenue bonds payable solely from funds pledged for that purpose, and to provide for the payment of the same and for the rights of the holders thereof; (10) 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; (11) The authority and the trustee acting under the trust indenture are specifically authorized from time to time to sell, lease, grant, exchange, or otherwise dispose of any surplus property, both real or personal, or interest therein not required in the normal operation of and usable in the furtherance of the purpose for which the authority was created, except as such right and power may be limited as provided in Code Section 12-3-696; (12) To borrow money for any ofits corporate purposes from any bank, banks, or other lending institutions and to execute evidences of such indebtedness and to secure the same; (13) To serve as an agency in managing, developing, and leasing property received or leased from the United States of America; (14) To fix, alter, charge, and collect tolls, fees, rents, charges, and assessments for the use of the facilities of or for the services rendered by the authority, such rates to be at least sufficient to provide for payment of all expenses of the authority, the conservation, maintenance, and operation of its facilities and properties, the payment of principal and interest on its notes,

____________GEORGIA LAWS 2002 SESSION__________1203
bonds, and other evidences of indebtedness or obligation, and to fulfill the terms and provisions of any agreement made with the purchasers and holders of any such notes, bonds, or other evidences of indebtedness or obligation; and (15) To do all things necessary or convenient to carry out the powers expressly given in this article.
12-3-684. (a) The authority, or any authority or body which has succeeded or which may in the future succeed to the powers, duties, and liabilities vested in the authority, shall have power and is authorized at one time, or from time to time, to provide by resolution for the issuance of negotiable revenue bonds for the purpose of paying all or any part of the cost, as defined in this article, of any one project or a combination of projects. The principal and interest of such revenue bonds shall be payable solely from the special fund provided in Code Section 12-3-695 for such payment. The bonds of each issue shall be dated and shall mature at such times and bear interest at such rates as may be determined by the authority, payable in such medium of payment 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. (b) Such revenue bonds or obligations shall be issued pursuant to and in conformity with Article 3 ofChapter 82 ofTitle 36; and all procedures pertaining to such issuance and the conditions thereof shall be the same as those contained in said Article 3 of Chapter 82 of Title 36.
12-3-685. The authority shall determine the form of the bonds, including any interest coupons to be attached thereto, and shall fix the denomination or denominations of the bonds and the place or places of payment of principal and interest thereof which may be at any bank or trust company within or outside the state. The bonds may be issued in coupon or registered form, or both, as the authority may determine; and provision may be made for the registration of any coupon bond as to principal alone and also as to both the principal and interest.
12-3-686. All such bonds shall be signed by the chairperson of the authority, and attested by the secretary and treasurer of the authority, the official seal of the authority shall be affixed thereto, and any coupons attached thereto shall bear the facsimile signatures of the chairperson and secretary and treasurer of the authority. Any coupon may bear the facsimile signatures of such persons; and any bond may be signed, sealed, and attested on behalf of the authority by such persons as, at the actual time of the execution of such bonds, shall be duly authorized or hold the proper office, although at the date of such bonds such persons may not have been so authorized or shall not have held such office. In case any officer whose

1204______GENERAL ACTS AND RESOLUTIONS, VOL. I_________
signature shall appear on any bonds or whose facsimile signature shall appear on any coupon shall cease to be such officer before delivery of such bonds, such signature shall nevertheless be valid and sufficient for all purposes as if he or she had remained in office until such delivery.
12-3-687. All revenue bonds issued under this article shall have and are declared to have all the qualities and incidents of negotiable instruments under the laws of this state. Such bonds are declared to be issued for an essential public and governmental purpose, and the said bonds and the income thereof shall be exempt from all taxation within the state.
12-3-6 The authority may sell such bonds in such manner and for such price as it may determine to be in the best interest of the authority, and the proceeds derived from the sale of such bonds shall be used solely for the purpose provided in the proceedings authorizing the issuance of such bonds.
12-3-689. Prior to the preparation of definitive bonds, the authority may, under like restrictions, issue interim receipts, interim certificates, or temporary bonds with or without coupons exchangeable for definitive bonds upon the issuance of the latter.
12-3-690. The authority may also provide for the replacement of any bond or any coupons which shall become mutilated or be destroyed or lost.
12-3-691. Such revenue bonds may be issued without any other proceedings or the happening of any other conditions or things than those proceedings, conditions, and things which are specified or required by this article. Any resolution providing for the issuance of revenue bonds under the provisions of this article shall become effective immediately upon its passage and need not be published or posted; and any such resolution may be passed at any regular or special or adjourned meeting of the authority by a majority of its members.
12-3-692. Revenue bonds issued under the provisions of this article shall not be deemed to constitute a debt of any county in the geographic jurisdiction of the authority or the state nor a pledge of the faith and credit of any of said counties or the state; but such bonds shall be payable solely from the fund provided for in Code Section 12-3-695. The issuance of such revenue bonds shall not directly, indirectly, or contingently obligate any of said counties or the state to levy or to pledge any form of taxation whatever therefor or to make any appropriation for

____________GEORGIA LAWS 2002 SESSION__________1205
their payment. All such bonds shall contain recitals on their face covering substantially the foregoing provisions of this Code section.
12-3-693. In the discretion of the authority, any issue of such revenue bonds may be secured by a trust indenture by and between the authority and a corporate trustee which may be any trust company or bank having the powers of a trust company within or outside of the state. Such trust indenture may pledge or assign fees, rents, tolls, revenues, and earnings to be received by the authority, including the proceeds derived from the sale from time to time of any surplus property of the authority, both real and personal. Either the resolution providing for the issuance of revenue bonds or such trust indenture may contain such provisions for protecting and enforcing the rights and remedies of the bondholders as may be reasonable and proper and not in violation of law, including covenants setting forth the duties of the authority in relation to the acquisition of property; the construction of the project; the maintenance, operation, repair, and insurance of the project; and the custody, safeguarding, and application of all moneys, including the proceeds derived from the sale of property of the authority, both real and personal; and may also provide that any project shall be constructed and paid for under the supervision and approval of consulting engineers or architects employed or designated by the authority; and may also contain provisions concerning the conditions, if any, upon which additional revenue bonds may be issued. It shall be lawful for any bank or trust company incorporated under the laws of this state to act as such depository and to furnish such indemnifying bonds or pledge such securities as may be required by the authority. Such indenture may set forth the rights and remedies of the bondholders and of the trustee and may restrict the individual right of action of bondholders as is customary in trust indentures securing bonds and debentures of corporations. In addition to the foregoing, such trust indenture may contain such other provisions as the authority may deem reasonable and proper for the security of the bondholders. All expenses incurred in carrying out such trust indenture may be treated as a part of the cost of maintenance, operation, and repair of the project affected by such indenture.
12-3-694. The authority shall, in the resolution providing for the issuance of revenue bonds or in the trust indenture, provide for the payment of the proceeds of the sale of the bonds to any officer or person who or any agency, bank, or trust company which shall act as trustee of such funds and shall hold and apply the same to the purposes hereof, subject to such regulations as this article and such resolution or trust indenture may provide.
12-3-695. The revenues, rents, fees, tolls, and earnings derived from any particular project or projects, regardless of whether or not such fees, earnings, and revenues were

1206______GENERAL ACTS AND RESOLUTIONS, VOL. I_______
produced by a particular project for which bonds have been issued, and any moneys derived from the sale of any properties, both real and personal, of the authority, unless otherwise pledged and allocated, may be pledged and allocated by the authority to the payment of the principal and interest on revenue bonds of the authority as the resolution authorizing the issuance of the bonds or in the trust instrument may provide. Such funds so pledged, from whatever source received, which said pledge may include funds received from one or more or all sources, shall be set aside at regular intervals as may be provided in the resolution or trust indenture into a sinking fund, which said sinking fund shall be pledged to and charged with the payment of:
(1) The interest upon such revenue bonds as such interest shall fall due; (2) The principal of the bonds as the same shall fall due; (3) Any premium upon bonds acquired by the redemption, payment, or otherwise; (4) The necessary charges of the paying agent or agents for paying principal and interest; and (5) Any investment fees or charges. The use and disposition of such sinking fund shall be subject to such regulations as may be provided in the resolution authorizing the issuance of the revenue bonds or in the trust indenture; but, except as may otherwise be provided in such resolution or trust indenture, such sinking fund shall be maintained as a trust account for the benefit of all revenue bonds without distinction or priority of one over another. Subject to the provisions of the resolution authorizing the issuance of the bonds or in the trust indenture, any surplus moneys in the sinking fund may be applied to the purchase or redemption of bonds; and any such bonds so purchased or redeemed shall forthwith be canceled and shall not be reissued, printed, and delivered.
12-3-696. Except to the extent the rights given in this Code section may be restricted by resolution passed before the issuance of bonds or by a trust indenture, any holder of revenue bonds or interest coupons issued under this article, any receiver for such holders, or any indenture trustee, if any, may either at law or in equity, by action, mandamus, or other proceedings, protect and enforce any and all rights under the laws of the State of Georgia or granted by this article or under such resolution or trust indenture. Such holder, receiver, or trustee may enforce and compel performance of all duties required by this article, or by resolution or trust indenture, to be performed by the authority or any officer thereof, including the fixing, charging, and collecting of revenues, rents, and other charges for the use of the project or projects. In the event of default of the authority upon the principal and interest obligations of any revenue bond issue, such holder, receiver, or trustee shall be subrogated to each and every right, specifically including the contract rights of collecting rental, which the authority may possess against the state or any department, agency, or institution of the state and, in the pursuit of his or her or its remedies as subrogee, may proceed either at law or in

____________GEORGIA LAWS 2002 SESSION________1207
equity, by action, mandamus, or other proceedings, to collect any sums by such proceedings due and owing to the authority and pledged or partially pledged directly or indirectly to the benefit of the revenue bond issue of which such holder, receiver, or trustee is representative. No holder, receiver, or trustee shall have the right to compel any exercise ofthe taxing power ofthe state to pay any such bond or the interest thereon, or to enforce the payment thereof against any property of the state, nor shall any such bond constitute a charge, lien, or encumbrance, legal or equitable, upon the property of the state.
12-3-697. The authority is authorized to provide by resolution for the issuance of bonds of the authority for the purpose of funding or refunding any revenue bonds issued under the provisions of this article and then outstanding, together with accrued interest thereon and premium, if any. The issuance of such funding or refunding bonds, the maturities and all other details thereof, the rights of the holders thereof, and the duties of the authority in respect to the same shall be governed by the foregoing provisions of this article insofar as the same may be applicable.
12-3-698. Any action to protect or enforce any rights under the provisions of this article or any action against such authority shall be brought in the superior court of one of the counties in the geographic jurisdiction of the authority; and any action pertaining to validation of any bonds issued under the provisions of this article shall likewise be brought in one of said courts which shall have exclusive, original jurisdiction of such actions.
12-3-699. Bonds of the authority shall be confirmed and validated in accordance with the procedure of Article 3 of Chapter 82 of Title 36. The petition for validation shall also make party defendant to such action the State of Georgia or any municipality, county, authority, political subdivision, or instrumentality of the State of Georgia or the United States government or any department or agency of the United States government, if subject to having such action brought against it and if consenting to same, which has contracted with the authority for the services and facilities of the project for which bonds are to be issued and sought to be validated; and the state or such municipality, county, authority, political subdivision, or instrumentality shall be required to show cause, if any, why such contract or contracts and the terms and conditions thereof should not be inquired into by the court and the validity of the terms thereof be determined and the contract or contracts adjudicated as a part of the basis of the security for the payment of any such bonds of the authority. The bonds, when validated, and the judgment of validation shall be final and conclusive with respect to such bonds and the security for the payment thereof and interest thereon and against the authority issuing the same, the state and any municipality, county, authority,

1208______GENERAL ACTS AND RESOLUTIONS, VOL. 1_______
political subdivision, or instrumentality, if a party to the validation proceedings, contracting with the Power Alley Development Authority.
12-3-700. While any of the bonds issued by the authority remain outstanding, the powers, duties, or existence of said authority or of its officers, employees, or agents shall not be diminished or impaired in any manner that will affect adversely the interest and rights of the holders of such bonds; and no other entity, department, agency, or authority will be created which will compete with the authority to such an extent as to affect adversely the interest and rights of the holders of such bonds; nor will the state itself so compete with the authority. The provisions of this article shall be for the benefit of the authority and the holders of any such bonds and, upon the issuance of bonds under the provisions hereof, shall constitute a contract with the holders of such bonds.
12-3-701. All moneys received pursuant to the authority of this article, whether as proceeds from the sale of revenue bonds; as grants or other contributions; or as revenues, income, fees, and earnings, shall be deemed to be trust funds to be held and applied solely as provided in this article.
12-3-702. Without limiting the generality of any provisions of this article, the general purpose of the authority is declared to be that of economic and tourism development in the geographic jurisdiction of the authority through acquiring, constructing, financing, equipping, maintaining, marketing, or operating projects as defined in this article and acquiring the necessary property therefor, both real and personal, and leasing or selling any or all of such facilities, including real property, and doing any and all things deemed by the authority to be necessary, convenient, or desirable for and incident to the efficient and proper development and operation of such types of undertakings.
12-3-703. The authority is authorized to prescribe and revise from time to time rates, rents, fees, tolls, and charges, and to collect such rates, rents, fees, tolls, and charges for the services, facilities, or commodities furnished, including leases, concessions, or subleases of its lands or facilities, and to determine the price and terms at and under which its lands or facilities may be sold and, in anticipation of the collection of the revenues and income of such undertakings or projects, to issue revenue bonds as provided in this article to finance in whole or in part the cost of the acquisition, construction, reconstruction, improvement, equipment, betterment, or extension of its lands and facilities and to pledge to the punctual payment of said bonds and interest thereon all or any part of the revenues and income of such undertakings or projects, including the revenues of

____________GEORGIA LAWS 2002 SESSION__________1209
improvements, betterments, or extensions thereto thereafter made or the sale of any of its lands and facilities.
12-3-704. It shall be the duty of the authority to prescribe rules and regulations for the operation of the project or projects constructed under the provisions of this article, including the basis on which recreational facilities shall be furnished.
12-3-705. (a) All meetings of the authority shall be opened to the public at all times. Ample notice shall be given to all members of the authority and to the public of any special or called meeting of the authority. The minutes of all meetings and all actions taken by the authority shall likewise be opened to public inspection. (b) Each purchase made in behalf of the authority of personal property or services in excess of $5,000.00 shall be accomplished pursuant to competitive bids, after having published invitations to bid in one or more newspapers in general circulation in the state prior to the award of any contract. All bids shall be opened during meetings of the authority, and the rejection or acceptance thereof shall be entered upon the minutes of the authority. (c) Any surplus or unserviceable property of the authority shall be disposed of pursuant to competitive bids which shall be advertised in one or more newspapers in general circulation in the state. All bids for the disposal of such property shall be opened during public meetings of the authority, and the acceptance or rejection thereof shall be entered upon the minutes of the authority. (d) At the conclusion of each fiscal year of the authority, the affairs of the authority shall be audited by a certified public accounting firm. A synopsis of the audit shall be published in one or more newspapers in general circulation in the geographic jurisdiction of the authority as soon as the report of the auditors is submitted to the authority. (e) All funds of the authority which are not required for the normal operations of the authority shall be invested in interest-bearing investments within 30 days of their receipt by the authority.
12-3-706. 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. This state covenants with the holders of the bonds that the authority shall be required to pay no taxes or assessments upon any of the property acquired or leased by it or under its jurisdiction, control, possession, or supervision, or upon its activities in the operation or maintenance of the buildings erected or acquired by it, or upon any fees, rentals, or other charges for the use of such buildings, or upon other income received by the authority. Further, this state covenants that the bonds of the authority, their

1210______GENERAL ACTS AND RESOLUTIONS, VOL. I_______
transfer, and the income therefrom shall at all times be exempt from taxation within the state. The exemption provided in this Code section shall not include any exemption from sales and use tax on property purchased by the authority or for use by the authority.
12-3-707. (a) Every member of the authority and every employee of the authority who knowingly has any interest, direct or indirect, in any contract to which the authority is or is about to become a party, or in any other business of the authority, or in any firm or corporation doing business with the authority, shall make full disclosure of such interest to the authority. Failure to 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) Provisions of Article 1 of Chapter 10 of Title 16, Code Sections 16-10-21 and 16-10-22, and Code Sections 16-10-92 and 16-10-93, regulating the conduct of officers, employees, and agents of political subdivisions, municipal and other public corporations, and other public organizations, shall be applicable to the conduct of members, officers, employees, and agents of the authority. (c) Any contract or transaction of the authority involving a conflict of interest not disclosed under subsection (a) of this Code section, or involving a violation of Article 1 of Chapter 10 of Title 16, Code Sections 16-10-21 and 16-10-22, and Code Sections 16-10-92 and 16-10-93, or involving a violation of any other provision of law regulating conflicts of interest which is applicable to the authority or its members, officers, or employees shall be voidable by the authority.
12-3-708. Any other provision of this article to the contrary notwithstanding, the authority shall not incur any debt of any kind, whether through contract, mortgage, or otherwise, or encumber any real or personal property in any manner unless such action has been approved in advance, in writing, by the Georgia State Financing and Investment Commission as defined by Article VII, Section IV, Paragraph VII of the Constitution and Article 2 of Chapter 17 of Title 50, the 'Georgia State Financing and Investment Commission Act.'"
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.
Approved May 16, 2002.

____________GEORGIA LAWS 2002 SESSION________1211
COURTS - PROSECUTING ATTORNEYS; APPOINTMENT OF SUBSTITUTE WHEN DISTRICT ATTORNEY OR SOLICITOR GENERAL DISQUALIFIED.
Code Sections 15-18-5, 15-18-27, 15-18-30, and 15-18-65 Amended.
No. 942 (Senate Bill No. 276).
AN ACT
To amend Chapter 18 of Title 15 of the Official Code of Georgia Annotated, relating to prosecuting attorneys, so as to change the procedures relating to the appointment of a substitute for a district attorney or solicitor-general who is disqualified from engaging in a prosecution; to provide for other matters relative to the foregoing; to provide for an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Chapter 18 of Title 15 of the Official Code of Georgia Annotated, relating to prosecuting attorneys, is amended by striking in its entirety Code Section 15-18-5, relating to the appointment of a substitute for an absent or disqualified district attorney, and inserting in lieu thereof the following:
"15-18-5. (a) When a district attorney's office is disqualified from interest or relationship to engage in a prosecution, the district attorney shall notify the Attorney General of the disqualification. Upon receipt of such notification, the Attorney General shall:
(1) Request the services of and thereafter appoint a district attorney, a solicitor-general, or a retired prosecuting attorney as provided in Code Section 15-18-30; (2) Designate an attorney from the Department of Law; or (3) Appoint a competent attorney to act as district attorney pro tempore in place of the district attorney. (b) A private attorney acting as district attorney pro tempore pursuant to paragraph (3) of subsection (a) of this Code section is subject to all laws and regulations established pursuant to Code Section 15-18-19 governing district attorneys. Such private attorney shall receive the same compensation from state funds appropriated for the operations of the district attorneys at the same rate as the district attorney during the term of such appointment and shall incur the same penalties in the discharge of the duties of said office. (c) Nothing in this Code section shall affect Code Section 45-15-30. (d) The appointment of the district attorney pro tempore shall specify in writing the court or courts to which the appointment applies, the county or counties

1212_____GENERAL ACTS AND RESOLUTIONS, VOL. I________
where located, the time period covered, and the name of the case or cases to which such appointment shall apply. A copy of the appointment shall be filed with the clerk of court and copies shall be provided to the presiding judge and the Prosecuting Attorneys' Council of the State of Georgia and opposing counsel in any action affected by such order. An order appointing a private attorney pursuant to this Code section shall also specify whether such attorney will serve on a full or part-time basis and any restrictions which may apply to such attorney's private practice of law during the term of such appointment. Private attorneys who serve on a part-time basis shall be compensated at an hourly rate determined by the Prosecuting Attorneys' Council of the State of Georgia based on the annual salary of district attorneys paid from state funds. The Prosecuting Attorneys' Council of the State of Georgia shall establish such procedures or guidelines as may be necessary to ensure proper accountability of any funds paid to a private attorney pursuant to this Code section. (e) A district attorney or solicitor-general who is designated as a district attorney pro tempore, or any assistant designated by such district attorney pro tempore to prosecute such case or cases, or an employee of the Department of Law shall not receive any additional compensation for such services. The actual expenses incurred by the district attorney pro tempore or members of the district attorney pro tempore s staff shall be reimbursed in the same manner and by the same funding source as is provided by law for such personnel when they are performing official duties, provided that, in the case of nonstate paid personnel, the actual expenses incurred shall be reimbursed by the county in which the said district attorney pro tempore is acting at the same rate as provided in Code Section 15-18-12 for district attorneys. Any court costs, filing costs, witness fees, costs of reporting and preparing transcripts of records, and any other expenses incurred for such services shall be paid as provided by law. (f) If a disqualified district attorney fails or refuses to notify the Attorney General as provided in subsection (a) of this Code section, the presiding judge may notify the Attorney General. (g) Any order entered by a court disqualifying a district attorney's office from engaging in the prosecution shall specify the legal basis for such order. The district attorney may, on behalf of the state and prior to the defendant in a criminal case being put in jeopardy, apply for a certificate of immediate review as provided in Code Section 5-7-2, and such order shall be subject to appellate review as provided in Chapter 7 of Title 5."
SECTION 2. Said chapter is further amended by striking subsection (a) of Code Section 15-18-27, relating to allegations that a district attorney or staff member has committed an indictable offense, and inserting in lieu thereof the following:
"(a) When any person makes an affidavit before a judge of the superior court which alleges that the district attorney or a member of the staff of the district attorney has committed an indictable offense and the court finds that there is probable cause to believe that the accused has committed the alleged offense or

____________GEORGIA LAWS 2002 SESSION__________1213
the grand jury files a sealed report with the presiding judge that the grand jury has found reasonable grounds to believe that the district attorney or a member of the staff of the district attorney has committed such an offense and intends to proceed as provided in Code Sections 45-11-4 and 45-15-11, it shall be the duty of the court to notify the Attorney General as provided in Code Section 15-18-5."
SECTION 3. Said chapter is further amended by striking in its entirety Code Section 15-18-30, relating to the temporary use of retired district attorneys, and inserting in lieu thereof the following:
"15-18-30.
(a) As used in this Code section, 'retired prosecuting attorney' means a retired district attorney, assistant district attorney, solicitor-general, assistant solicitor-general, or retired attorney from the staff of the Department of Law or the Prosecuting Attorneys' Council of the State of Georgia who is receiving benefits under Title 47 or is retired in good standing and receiving benefits from a county or municipal retirement system and who has a minimum often years of service in any combination of such offices. (b) In addition to any other provision of law, if a district attorney determines that the business of the court requires the temporary assistance of any retired prosecuting attorney, that district attorney may make a request for assistance to the chairperson of the Prosecuting Attorneys' Council of the State of Georgia under such guidelines as the council may adopt. Subject to funds being available for such purpose and in accordance with such guidelines as the council may prescribe, the chairperson may approve the temporary assistance requested. (c) If a district attorney is disqualified pursuant to Code Section 15-18-5, the Attorney General may appoint a retired district attorney as district attorney pro tempore subject to the provisions of subsection (d) of this Code section. The order appointing the district attorney pro tempore shall identify the court in need of assistance, the county where located, the time period covered, the specific case or cases for which assistance is sought, if applicable, and the reason that assistance is needed. A copy of the order shall be submitted to the chairperson of the Prosecuting Attorneys' Council of the State of Georgia. (d) A retired prosecuting attorney who provides temporary assistance under this Code section or who is appointed as district attorney pro tempore pursuant to Code Section 15-18-5 may receive compensation from state funds for each day of service in an amount to be fixed by the council and not to exceed the annual state salary for the position from which such person retired, divided by 235. In addition to such compensation, such retired district attorney shall be reimbursed for actual expenses as provided by Code Section 15-18-12. Such compensation and expenses shall be paid by the council from state funds appropriated or otherwise available for the operation of the office of district attorney, upon a certificate by the district attorney, or in the case of a district attorney pro tempore by the Attorney General, as to the number of days served or the expenses incurred. No person subject to the provisions of this Code section shall serve for

1214______GENERAL ACTS AND RESOLUTIONS, VOL. I_______
more than 1,040 hours in any calendar year, and no such person shall be eligible for employee health benefits other than those available to him or her as a part of his or her retirement benefits or for any annual leave, any sick leave, or any other employee benefits available to a state employee except those which are available to him or her as a retired employee. In the event of any conflict, the provisions of Title 47 shall prevail over any provision of this Code section."
SECTION 4. Said chapter is further amended by striking in its entirety Code Section 15-18-65, relating to the disqualification of solicitors-general, and inserting in lieu thereof the following:
"15-18-65. (a) When a solicitor-general's office is disqualified from interest or relationship to engage in the prosecution of a particular case or cases, such solicitor-general shall notify the Attorney General of the disqualification. Upon receipt of such notification, the Attorney General shall request the services of and thereafter appoint a solicitor-general, a district attorney, a retired prosecuting attorney as provided in Code Section 15-18-30, or other competent attorney to act in place of the solicitor-general, or may designate an attorney from the Department of Law. The appointment of the solicitor-general pro tempore shall specify in writing the name of the case or cases to which such appointment shall apply. (b) A private attorney acting as solicitor-general pro tempore pursuant to subsection (a) of this Code section shall be duly sworn and subject to all laws governing prosecuting attorneys. Such solicitor-general pro tempore shall be compensated in the same manner as appointed counsel in the county. (c) A solicitor-general of another county or a district attorney who is designated as a solicitor-general pro tempore, any assistant designated by such solicitor-general pro tempore to prosecute such case or cases, or employee of the Department of Law shall not receive any additional compensation for such services; provided, however, that the actual expenses incurred by the solicitor-general pro tempore or members of the solicitor-general pro tempore's staff shall be reimbursed by the county in which said solicitor-general or district attorney is acting as solicitor-general pro tempore at the same rate as provided in Code Section 15-18-12 for district attorneys. (d) Any order entered by a court disqualifying a solicitor-general's office from engaging in the prosecution shall specify the legal basis of such order. The solicitor-general may, on behalf of the state and prior to the defendant in a criminal case being put in jeopardy, apply for a certificate of immediate review as provided in Code Section 5-7-2, and such order shall be subject to appellate review as provided by Chapter 7 of Title 5."
SECTION 5. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

____________GEORGIA LAWS 2002 SESSION__________1215
SECTION 6. All laws and parts of laws in conflict with this Act are repealed.
Approved May 16, 2002.
ANIMALS - DOG AND CAT REPRODUCTIVE STERILIZATION SUPPORT PROGRAM; SPECIAL LICENSE PLATES AUTHORIZED; FUNDING.
Code Section 40-2-60.1 Amended. Code Title 4, Chapter 15 and Code Section 40-2-49.3 Enacted.
No. 943 (House Bill No. 945).
AN ACT
To amend Title 4 of the Official Code of Georgia Annotated, relating to animals, so as to provide for a dog and cat reproductive sterilization support program and related educational activities; to provide for funds, rules, and reports related thereto; 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 special license plates promoting such program and related activities; to provide for issuance, renewal, fees, licensing agreements, applications, transfers, and disposition of funds relative to such license plates; to amend Article 3 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to prestige license plates and special plates for certain persons and vehicles, so as to change the minimum number of applications which are necessary for the issuance of special license plates; to provide an effective date; to provide for contingent repeal; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Title 4 of the Official Code of Georgia Annotated, relating to animals, is amended by adding at the end thereof a new Chapter 15 to read as follows:
"CHAPTER 15
4-15-1. (a) The Commissioner shall establish a dog and cat reproductive sterilization support program and educational activities in support thereof. The department shall utilize moneys placed in a special fund for such program as derived from

1216_____GENERAL ACTS AND RESOLUTIONS, VOL. I________
special license plate sales, any funds appropriated to the department for such purposes, and any voluntary contributions or other funds made available to the department for such purposes for the implementation, operation, and support of such reproductive sterilization program. The Commissioner is authorized to promulgate rules to direct and administer the dog and cat reproductive sterilization support program and to carry out this Code section, (b) The Commissioner shall submit a report to the Senate Agriculture Committee and the House Committee on Agriculture and Consumer Affairs detailing the receipts of and expenditures from the dog and cat reproductive sterilization support program fund. Such report shall be made not later than the last day of August each year."
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 adding, following Code Section 40-2-49.2, a new Code Section 40-2-49.3 to read as follows:
"40-2-49.3.
(a) In order to promote and financially provide for dog and cat reproductive sterilization support programs and educational activities directly in support thereof, there shall be issued beginning January 1, 2003, special license plates promoting the dog and cat reproductive sterilization support program provided for in Code Section 4-15-1. (b) The Department of Agriculture, in cooperation with the commissioner, shall design special distinctive license plates appropriate to promote dog and cat reproductive sterilization support programs. The dog and cat reproductive sterilization support program license plates must be of the same size as general issue motor vehicle license plates and shall include a unique design and identifying number, whereby the total number of characters does not exceed six. No two recipients shall receive identically numbered plates. Such design shall provide space in which to indicate the name of the county of issuance. (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 licenses or other permissions as may be required to implement this Code section. The design of the initial edition of the dog and cat reproductive sterilization support program license plates, 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 of Agriculture. The Commissioner of Agriculture 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 ofAgriculture.

____________GEORGIA LAWS 2002 SESSION_________1217
(d) Beginning in calendar year 2003, 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 $25.00 in addition to the regular motor vehicle registration fee, shall be issued a dog and cat reproductive sterilization support program license plate. Revalidation decals shall be issued for dog and cat reproductive sterilization support program license plates in the same manner as provided for general issue license plates. (e) The funds derived from the sale of dog and cat reproductive sterilization support program 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 deposited in the special fund for support of the dog and cat reproductive sterilization support program created by Article III, Section IX, Paragraph VI(m) of the Constitution of the State of Georgia. As soon as practicable after December 31 of each year, the commissioner shall report the net amount derived from the sale of dog and cat reproductive sterilization support program license plates to the Department of Agriculture. (f) An applicant may request a dog and cat reproductive sterilization support program license plate any time during the applicant's registration period. If such a license plate is to replace a current valid license plate, the dog and cat reproductive sterilization support program license plate shall be issued with appropriate decals attached. (g) Dog and cat reproductive sterilization support program license plates shall be transferred from one vehicle to another vehicle in accordance with the provisions of Code Section 40-2-42. (h) Dog and cat reproductive sterilization support program license plates shall be issued within 30 days of application."
SECTION 3. Article 3 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to prestige license plates and special plates for certain persons and vehicles, is amended by striking subsection (b) of Code Section 40-2-60.1, relating to the administrative process for issuance ofadditional special license plates, and inserting in its place the following:
"(b) The commissioner is authorized to adopt rules and regulations for the issuance of special license plates for groups of individuals and vehicles. Such rules and regulations shall provide that no such special license plate shall be issued except upon the application of at least 1,000 persons. The rules and regulations shall provide for the manner of such applications. The rules and regulations shall provide that upon receipt of the requisite number of applications, a special license plate may be issued as provided in this Code section. The rules and regulations may provide for exceptions whereby a special plate will not be issued if the issuance of the plate would adversely affect public safety. The rules and regulations shall provide for the design and manufacture of such special license plates and shall provide that such plates shall be readily

1218_____GENERAL ACTS AND RESOLUTIONS, VOL. I________
recognizable as Georgia license plates through the adoption of a standard design containing a smaller space for the insertion of an appropriate logo or graphic identifying the special nature of the license plate. Subject to the foregoing provisions of this subsection, the design of each special license plate shall be in the discretion of the commissioner."
SECTION 4. (a) This Act shall become effective on January 1, 2003, except as otherwise provided by subsection (b) of this section. (b) If an amendment to the Constitution of the State of Georgia authorizing the creation of a special fund for support of the dog and cat reproductive sterilization support program is not ratified at the general election in 2002, Sections 1 and 2 of this Act shall be repealed in their entirety on January 1, 2003, and no such motor vehicle license plates as contemplated in Sections 1 and 2 of this Act shall be issued pursuant to this Act.
SECTION 5. All laws and parts of laws in conflict with this Act are repealed.
Approved May 16, 2002.
RETIREMENT AND PENSIONS - TEACHERS RETIREMENT SYSTEM OF GEORGIA; CREDITABLE SERVICE FOR PRIOR SERVICE IN CERTAIN PROGRAMS AND PRIVATE SCHOOES.
Code Sections 47-3-93 and 47-3-94 Enacted.
No. 944 (House Bill No. 765).
AN ACT
To amend Article 5 of Chapter 3 of Title 47 of the Official Code of Georgia Annotated, relating to service creditable toward retirement benefits under the Teachers Retirement System of Georgia, so as to provide that any member of the Teachers Retirement System of Georgia may obtain creditable service for prior service with certain programs relating to early childhood development and for service as a teacher in certain private schools; to provide conditions relative to obtaining such creditable service; to provide conditions for an effective date and automatic repeal; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

____________GEORGIA LAWS 2002 SESSION__________1219
SECTION 1. Article 5 of Chapter 3 of Title 47 of the Official Code of Georgia Annotated, relating to service creditable toward retirement benefits under the Teachers Retirement System of Georgia, is amended by inserting at the end thereof the following:
"47-3-93.
(a) Any member may, subject to the requirements of subsection (b) ofthis Code section, obtain creditable service under the retirement system for any period between January 1,1977, andDecember31,1980, during which the member was employed by a nonprofit corporation under contract with a state agency in a program wholly or partially funded by a state or federal grant and which had as its purpose facilitating early childhood development and during which period the member held a four-year degree from an accredited college or university. (b) A member who desires to establish creditable service under this Code section must:
(1) Submit to the board not later than July 1,2003, satisfactory evidence of the period of absence from employment which qualifies for creditable service under this Code section; and (2) Pay to the board of trustees such amount as determined by the actuary as necessary to grant such benefit without creating any accrued actuarial liability as to this retirement system.
47-3-94.
A member who has completed at least five consecutive years of membership service in the public schools of Georgia or the University System of Georgia immediately prior to applying may obtain up to ten years of creditable service for service as a teacher in a private elementary or secondary school or any private college or university located in the state accredited by the Southern Association of Colleges and Schools, the Georgia Accrediting Association, or a nationally recognized accrediting agency by the State Board of Education. Such service credit shall be allowed on the basis of one year of credit for such service for each additional year of membership service in the public schools of Georgia or the University System of Georgia. A member wishing to obtain such creditable service shall provide documentation and pay to the board oftrustees such amount as determined by the actuary as necessary to grant such benefit without creating any accrued actuarial liability as to this retirement system."
SECTION 2. This Act shall become effective on July 1, 2002, only if it is determined to have been concurrently funded as provided in Chapter 20 ofTitle 47 ofthe Official Code of Georgia Annotated, the "Public Retirement Systems Standards Law"; otherwise, this Act shall not become effective and shall be automatically repealed in its entirety on July 1, 2002, as required by subsection (a) of Code Section 47-20-50.

1220______GENERAL ACTS AND RESOLUTIONS, VOL. I
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.
Approved May 16, 2002.
BANKING AND FINANCE - SUPERVISION OF CERTAIN NONFINANCIAL INSTITUTIONS; RESTRICTIONS ON ACCEPTANCE OF
GIFTS AND BUSINESS ACTIVITIES BY CERTAIN EMPLOYEES OF DEPARTMENT OF BANKING AND FINANCE; COLLECTION OF FEES BY ELECTRONIC DEDUCTIONS; SHARING OF CERTAIN INFORMATION WITH FEDERAL AND STATE REGULATORS BY DEPARTMENT AUTHORIZED; CERTAIN STOCK AND SECURITY TRANSACTIONS BY BANKS AUTHORIZED; POWERS AND DUTIES OF CREDIT UNION SUPERVISORY COMMITTEES AMENDED; CREDIT UNION RESERVE REQUIREMENTS AMENDED; EXEMPT CERTAIN INSTITUTIONS FROM LICENSING AS CHECK CASHERS; CERTAIN BACKGROUND CHECKS AUTHORIZED; NOTICE REQUIREMENTS.
Code Sections 7-1-3, 7-1-37, 7-1-41, 7-1-70, 7-1-288, 7-1-656, 7-1-657, 7-1-659, 7-1-669, 7-1-709, 7-1-1004, 7-1-1007, and 7-1-1016 Amended.
No. 945 (Senate Bill No. 353).
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 include objectives of the chapter for entities under the supervision of the Department of Banking and Finance that are not financial institutions; to change the restrictions on investments by certain employees of the department; to specify the restrictions on the receipt of gifts and business activities by certain employees of the department; to authorize the department to collect certain fees by electronic deductions; to authorize the department to share certain information with federal or state regulatory agencies; to provide for certain types of stock and securities transactions by banks; to authorize the board of directors of a credit union to fill vacancies on the supervisory committee; to limit the powers of the supervisory committee; to change the capital and reserve requirements for credit unions; to establish reserve requirements for a central credit union; to exempt national banks and federal credit unions from licensing requirements as check cashers; to authorize the department to conduct background checks on any individual who directs the affairs or establishes policy for a licensed mortgage business; to require applicants and licensees to obtain

__________GEORGIA LAWS 2002 SESSION__________1221
background checks on certain employees; to authorize the department to discuss background information on employees with licensees; to eliminate the requirement of notice to the department of payment of a creditor's claim; to require licensees to state in advertisements that they are licensed in Georgia; 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 7 of the Official Code of Georgia Annotated, known as the "Financial Institutions Code of Georgia," is amended by striking paragraphs (8) and (9) of subsection (a) of Code Section 7-1-3, relating to the objectives of the chapter and standards for construction and regulation, and inserting in their places new paragraphs (8), (9), and (10) to read as follows:
"(8) Opportunity for management of financial institutions to exercise their business judgment; (9) Simplification and modernization of the law governing banking, trust, and other financial institutions; and (10) As to other entities under the supervision of the department that are not financial institutions, including check cashers and mortgage lenders and brokers, to provide for:
(A) Supervision and examination oftheir business affairs to ensure that they operate in a manner consistent with state law; (B) Protection of the interests of consumers and service by these entities which is responsive to their consumers; and (C) Simplification and modernization of the law that governs these entities, together with the delegation of rulemaking power and administrative discretion to the department to carry out its responsibilities, keeping in mind the need for economic and technological progress in the industry."
SECTION 2. Said chapter is further amended by striking Code Section 7-1-37, relating to restrictions on the commissioner, deputy commissioners, and examiners, and inserting in its place the following:
"7-1-37. (a) Except as provided in subsections (c), (d), and (e) of this Code section, the commissioner, any deputy commissioner, any department employee with financial institution or licensee supervisory responsibilities, or any examiner employed by the department shall not directly or indirectly:
(1) Receive any money or property as a loan from or become indebted to any financial institution or from or to any director, officer, agent, employee, attorney, or subsidiary of a financial institution; (2) Receive any money or property as a gift from any financial institution or from any director, officer, agent, employee, attorney, or subsidiary of a

1222______GENERAL ACTS AND RESOLUTIONS, VOL. I________
financial institution, unless consistent with the ethics in government policy of this state; (3) Give any money or property as a gift to any financial institution or to any director, officer, agent, employee, attorney or subsidiary of a financial institution, unless consistent with the ethics in government policy of this state; (4) Own any share in or securities of a financial institution or otherwise have an ownership interest in a financial institution; or (5) Engage in the business of a financial institution. (b) For purposes of this Code section and subject to subsection (c) of this Code section, the term 'financial institution' shall include a bank holding company and any subsidiary of a bank holding company. (c) Notwithstanding the provisions of subsection (a) of this Code section, the commissioner, any deputy commissioner, any department employee with financial institution or licensee supervisory responsibilities, or examiners employed by the department may borrow money from and otherwise deal with any financial institution or subsidiary thereof existing under the laws of the United States or of any state other than this state, provided the obligee financial institution or subsidiary is not examined or regulated by the department. For the purposes of this subsection, a financial institution shall not be considered regulated solely because it is required to file an exemption from licensing under Code Section 7-1-1001 or solely because it is owned or controlled by another bank or corporation which is or may be examined or regulated by the department. All extensions of credit, including but not limited to such permitted loans, which obligate the commissioner or any deputy commissioner to such a financial institution or subsidiary, directly or contingently by way of guaranty, endorsement, or otherwise, or which renew or modify existing obligations shall be reported by the individual concerned to the Attorney General in writing, within ten days after the execution thereof, showing the nature of the undertaking and the amount and terms of the loan or other transaction. All credit obligations of a similar nature to those set forth above on the part of any other department employee with financial institution or licensee supervisory responsibilities or examiner shall be reported to the commissioner within ten days after the execution thereof. (d) Nothing in this Code section shall prohibit the commissioner, any deputy commissioner, any department employee with financial institution or licensee supervisory responsibilities, or any examiner of the department from maintaining a deposit in any financial institution, purchasing banking services other than credit services, or owning a single share in a credit union in the ordinary course of business and under rates and terms generally available to other customers of the financial institution. The provisions of this Code section shall not be applicable in the cases of a lender credit card obligation to a financial institution where the maximum outstanding credit may not exceed $10,000.00 nor to any other credit obligation fully secured by the pledge of a deposit account in the lending institution, provided that the financial institution is not within the employee's assigned examination authority and provided the rates and terms of

___________GEORGIA LAWS 2002 SESSION________1223
all such obligations are not preferential in comparison to similar obligations of the financial institution's other customers. Such exempt obligations shall, however, be reported as provided in subsection (c) of this Code section, and the employee shall be disqualified from any dealings with the obligee financial institution.
(e)( 1) The commissioner, a deputy commissioner, a department employee with financial institution or licensee supervisory responsibilities, or an examiner of the department may be permitted to own securities of a financial institution under any of the following circumstances:
(A) A deputy commissioner, a department employee with financial institution or licensee supervisory responsibilities, or an examiner of the department may own such a security if the security was obtained prior to commencement of employment with the department; (B) A deputy commissioner, a department employee with financial institution or licensee supervisory responsibilities, or an examiner of the department may own such a security if the ownership of the security was acquired through inheritance; gift; stock split or dividend; merger, acquisition, or other change in corporate structure; or otherwise without specific intent on the part of the employee to acquire the interest; and (C) The commissioner, a deputy commissioner, a department employee with financial institution or licensee supervisory responsibilities or an examiner of the department may own such a security if the security is part of an investment fund, provided that, upon initial or subsequent investment by the employee, excluding ordinary dividend reinvestment, the fund does not have invested, or indicate in its prospectus the intent to invest, more than 30 percent of its assets in the securities of one or more Federal Deposit Insurance Corporation insured depository institutions or Federal Deposit Insurance Corporation insured depository institution holding companies and the employee neither exercises control nor has the ability to exercise control over the financial interests held in the fund. (2) In the case of permissible acquisitions pursuant to subparagraphs (A) and (B) of paragraph (1) of this subsection, the employee shall make a full, written disclosure to the commissioner within 30 days of beginning employment or acquiring the interest. The employee is disqualified from participating in or sharing information regarding any matter or activity that concerns the financial institution. Such disqualification must not, in the judgment of the commissioner, unduly interfere with the employee's duties. (3) In the event any covered person inadvertently and without intent on his or her part acquires an interest in a security that is not allowed by this subsection, such security shall be disposed of within 90 days of acquisition. (f) No examiner, which for the purposes of this Code section shall include a supervisor as defined by the department, may examine a financial institution to which he or she is indebted or of which he or she owns securities under the exceptions in subparagraphs (e)(l)(A) and (e)(l)(B) of this Code section, nor may an examiner obtain credit from a financial institution if he or she has

1224_____GENERAL ACTS AND RESOLUTIONS, VOL. I________
examined such financial institution in the preceding 12 months. An examiner who wishes to borrow funds from any financial institution he or she has examined in the past five years must first obtain the written permission of the commissioner. This subsection is included as an additional precaution and is not intended to preclude the operation of any other applicable law or regulation. (g) The commissioner, any deputy commissioner, any department employee with financial institution or licensee supervisory responsibility, or any examiner shall not directly or indirectly:
(1) Receive any money or property as a loan from any department licensee or any director, officer, agent, employee, or attorney of a department licensee, unless such employee does not examine or exercise supervisory responsibility over that licensee. Any debt owed by a deputy commissioner, department employee with financial institution or licensee supervisory responsibility, or examiner of a department licensee must be reported to the commissioner. Reporting by the commissioner shall be made to the Attorney General; (2) Receive any money or property as a gift from any department licensee or any director, officer, agent, employee, or attorney of a department licensee, unless consistent with the ethics in government policy of this state; (3) Give any money or property as a gift to any department licensee or any director, officer, agent, employee, or attorney of a department licensee, unless consistent with the ethics in government policy of this state; or (4) Engage in the business of a department licensee. (h) No director, officer, agent, employee, or attorney of a financial institution, individually or in his or her official capacity, shall knowingly participate in a violation of this Code section. However, nothing in this Code section shall restrict the right of the commissioner, any deputy commissioner, any department employee with financial institution or licensee supervisory responsibilities, or any examiner to deal as any other consumer with such director, officer, agent, employee, or attorney in the ordinary course of business in consumer areas of trade or commerce not regulated by the department and under terms and conditions which are not preferential. (i) The commissioner, any deputy commissioner, any department employee with financial institution or licensee supervisory responsibilities, or any examiner employed by the department who shall violate or participate in a violation of this Code section shall be guilty of a misdemeanor. Violation of this Code section shall be grounds for removal from office. (j) The commissioner may adopt additional supplementary administrative policies and departmental rules governing ethical conduct and conflicts of interest on the part of employees of the department and providing certain definitions and clarifications to effectuate the purposes of this Code section."
SECTION 3. Said chapter is further amended by striking Code Section 7-1-41, relating to the prescribing of fees, and inserting in its place the following:

____________GEORGIA LAWS 2002 SESSION__________1225
"7-1-41.
(a) The department may, by regulation, prescribe annual examination fees, license fees, registration fees, and supervision fees to be paid by the institutions and entities assigned to the department by this title for regulation, supervision, licensure, or registration. In addition, the department may, by regulation, prescribe reasonable application and related fees, special investigation fees, hearing fees, mortgage loan fees, and fees to provide copies of any book, account, report, or other paper filed in its office or for any certification thereof or for processing any papers as required by this title. Such fees may vary by type of institution regulated and nature of the work performed. (b) The department, in its discretion, may require the payment of such fees in any manner deemed to be efficient, including collection through automated clearing-house arrangements or other electronic means, so that the state receives funds no later than the date the payment is required to be made."
SECTION 4. Said chapter is further amended by striking subsection (b) of Code Section 7-1-70, relating to disclosure of information, and inserting in its place the following:
"(b) Subject to the exceptions, safeguards, and limitations contained in subsection (c) ofthis Code section, the restrictions of subsection (a) ofthis Code section shall not apply to disclosures:
(1) Within the department or made to the Governor in the course of official duties; (2) Required by law, including disclosures required by subpoena or other legal process of a court or administrative agency having competent jurisdiction in legal proceedings and, where applicable, when the financial institution is a party or where the information is not otherwise available upon direct subpoena of a financial institution; (3) In prosecutions or other court actions to which the department or the commissioner is a party; (4) Made to federal or state financial institution supervisory agencies, other federal or state regulatory agencies with legal authority over such institution, the United States Department of Justice (including the Federal Bureau of Investigation), the United States Department of the Treasury, the Georgia Bureau of Investigation, or state or local law enforcement authorities; (5) Made to any officer, attorney, or director of the financial institution involved or with the written consent of said financial institution; (6) Made in a publication of the department which is available to the general public; (7) Of general economic and similar data considered by the department in regard to requests for new articles, new branches, changes in the location of facilities, or similar matters made to parties interested in the department's action in regard thereto; and (8) Made to a financial institution concerning the past job performance of a prospective employee with the written consent of such prospective employee,

1226_____GENERAL ACTS AND RESOLUTIONS, VOL. I_______
provided such written consent shall not be required in circumstances provided for in Code Section 7-1-840."
SECTION 5. Said chapter is further amended by striking subsection (a) of Code Section 7-1 -288, relating to corporate stocks and securities, and inserting in its place the following:
"(a) A bank may engage in any transaction with respect to shares of stock or other capital securities of any corporation in accordance with this Code section and in other instances as provided in state or federal law."
SECTION 6. Said chapter is further amended by striking paragraph (5) of subsection (a) of Code Section 7-1-656, relating to the duties of directors, meetings, and applicability of Code Section 7-1-490, and inserting in its place the following:
"(5) To fill vacancies on the board of directors, credit committee, and supervisory committee until the election and qualification of a successor;"
SECTION 7. Said chapter is further amended by striking Code Section 7-1-657, relating to the duties of a supervisory committee, inspections, and comprehensive annual audits, and inserting in its place the following:
"7-1-657. (a) The supervisory committee shall be responsible for securing a comprehensive audit of the credit union at least once each year. The committee may employ the services of an independent accountant or firm of such accountants or the internal auditors of any sponsoring group, concern, or association of credit unions to make such comprehensive audit. The results of the audit shall be submitted to the board and the committee shall present a summary of the results of the audit to the membership. The committee shall make recommendations to the board for the correction of any deficiencies disclosed by the audit. The annual audit shall include a confirmation of the share, deposit, and loan accounts of the members and such other procedures as the department might require. The annual audit shall be preserved with the records of the credit union and a copy shall be filed with the department. (b) The supervisory committee, from time to time, may conduct or cause to be conducted other audit functions or reviews of operations or may make or cause to be made an inspection of the assets and the liabilities of the credit union. The committee shall report the results of any such reviews to the board of directors and shall be responsible for making specific recommendations to the board regarding any unsafe, unsound, or unauthorized activities discovered."
SECTION 8. Said chapter is further amended by striking Code Section 7-1-659, relating to entrance fees, reserves, and the exclusion of state and federal credit union reserves from tax calculation, and inserting in its place the following:

___________GEORGIA LAWS 2002 SESSION__________1227
"7-1-659.
(a) A credit union may charge entrance fees as provided in the bylaws. All such fees shall, after payment of organizational expense, be known as reserve income and shall be added to the regular reserve of the credit union. (b) Immediately before the payment of each dividend, the gross earnings of the credit union shall be determined. There shall be set aside from that amount as an allowance for loan and lease losses, sums adequate to cover such anticipated losses, based on the risk characteristics of the loan portfolio. (c) All credit unions shall be subject to the capital and reserve requirements of Part 702 of the Rules and Regulations of the National Credit Union Administration, known as Prompt Corrective Action. Credit unions that are less than ten years old shall operate according to a business plan which shall contain requirements for reserves and which shall be approved by the department. The department shall have the discretion to require additional capital and reserves to assure the safety and soundness of any credit union. (d) In addition to regular reserves, special reserves to protect the interest of members shall be established when found necessary in any special case by the board of directors of the credit union or by the department. (e) All reserves of credit unions or federal credit unions established in accord with generally accepted accounting principles or upon the specific direction of the department or any federal regulatory body or for the purpose of complying with any conditions lawfully imposed by the department or any federal regulatory body shall not be considered as surplus or undivided profits of any credit union for tax purposes."
SECTION 9. Said chapter is further amended by striking subsections (f) and (g) of Code Section 7-1-669, relating to central credit unions, and inserting in their places the following:
"(f) The commissioner may issue such special regulations as he or she may deem prudent or necessary to allow a central credit union to promote effectively the liquidity and sound financial management of its member credit unions without unduly endangering its own liquidity and sound financial condition. Such special regulations need not be applicable to all credit unions but may be applicable only to the central credit union. The central credit union shall maintain an adequate allowance for loan and lease losses in accordance with generally accepted accounting principles and such other reserves as may be required by the rules and regulations of the department, (g) A central credit union shall have all the rights and powers of any other credit union organized under this chapter and the additional rights and powers specified in this Code section."
SECTION 10. Said chapter is further amended by striking subsection (a) of Code Section 7-1 -709, relating to the applicability of the article, and inserting in its place the following:

1228_____GENERAL ACTS AND RESOLUTIONS, VOL. I_________
"(a) This article shall not apply to any bank, trust company, credit union, building and loan association, or savings and loan association which is chartered under the laws of this state or under federal law and which has lawfully entered this state to engage in a banking business."
SECTION 11. Said chapter is further amended by striking Code Section 7-1-1004, relating to the investigation ofan applicant and its officers, audit, education, experience, and other requirements relative to licensees and registrants, and inserting in its place the following:
"7-1-1004.
(a) Upon receipt of an application for license, the department shall conduct such investigation as it deems necessary to determine that the applicant and the individuals who direct the affairs or establish policy for the licensee, including the officers, directors, or the equivalent, are of good character and ethical reputation; that the applicant and such persons meet the requirements of subsection (d) of this Code section; that the applicant and such persons demonstrate 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 or any individual who directs the affairs or establishes policy for the licensee, 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 of guilt 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

____________GEORGIA LAWS 2002 SESSION__________1229
crime shall have received a pardon therefor from the President of the United States or the Governor or other pardoning authority in the jurisdiction where the conviction was had or shall have received an official certification or pardon granted by the State Board of Pardons and Paroles which removes the legal disabilities resulting from such conviction and restores civil and political rights in this state. (e) The department shall be authorized to obtain conviction data with respect to any applicant or any person who is a director, officer, partner, agent, employee, or ultimate equitable owner of 10 percent or more of the applicant and any individual who directs the affairs of the company or establishes policy. The department shall submit to the Georgia Crime Information Center two complete sets of fingerprints of such applicant or such person, together with the required records search fees and such other information as may be required. Fees for background checks that the department administers shall be sent to the department by applicants and licensees together with the fingerprints. Applicants and licensees shall have the primary responsibility for obtaining background checks of covered employees which are defined as employees who work in this state and also have the authority to enter, delete, or verify any information on any mortgage loan application form or document. The department shall, however, retain the right to obtain conviction data on covered employees. (f) Every licensee and applicant shall be authorized and required to obtain background checks on covered employees. Such background checks shall be handled by the Georgia Crime Information Center pursuant to Code Section 35-3-34 and the rules and regulations of the Georgia Crime Information Center. Licensees and applicants shall be responsible for any applicable fees charged by the center. An applicant or licensee may employ a person whose background must be checked and has 90 days from the date of hire to obtain satisfactory background data. This provision does not apply to directors, officers, partners, agents, or ultimate equitable owners of 10 percent or more or to persons who direct the company's affairs or establish policy, whose background must have been investigated through the department before taking office, beginning employment, or securing ownership. Upon receipt of information from the Georgia Crime Information Center that is incomplete or that indicates an employee has a criminal record in any state other than Georgia, the employer shall submit to the department two complete sets of fingerprints of such person, together with the applicable fees and any other required information. The department shall submit such fingerprints as provided in subsection (e) of this Code section. (g) Upon receipt of fingerprints, fees, and other required information, 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

1230______GENERAL ACTS AND RESOLUTIONS, VOL. I________.
fingerprint records check, or if there is no such finding. All conviction data received by the department or by the applicant or licensee shall be used by the party requesting such data 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. The department shall be entitled to review any applicant's or licensee's files to determine whether the required background checks have been run and whether all covered employees are qualified. The department shall be authorized to discuss the status of employee background checks with licensees. All such records shall be maintained by the department and the applicant or licensee 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, subject to the conditions set forth in subsection (d) of this Code section. Violation of this Code section may subject a licensee to the revocation of its license. (h) 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 or person who directs the company's affairs or establishes policy of the applicant has had a license denied, revoked, or suspended within three years of the date of the application, (i) 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, (j) 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. (k) 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 company."
SECTION 12. Said chapter is further amended by striking subsection (b) of Code Section 7-1-1007, relating to a licensee giving notice of certain actions brought against it by a creditor or borrower and notice to the department of cancellation of bond, and inserting in its place the following:
"(b) A corporate surety shall, within ten days after it pays any claim to any claimant, give notice to the department by registered or certified mail or statutory

____________GEORGIA LAWS 2002 SESSION__________1231
overnight delivery ofsuch payment with details sufficient to identify the claimant and the claim or judgment so paid. Whenever the principal sum of such bond is reduced by one or more recoveries or payments thereon, the licensee shall furnish a new or additional bond so that the total or aggregate principal sum of such bond or bonds shall equal the sum required under Code Section 7-1-1003 or 7-1-1004 or shall furnish an endorsement duly executed by the corporate surety reinstating the bond to the required principal sum thereof."
SECTION 13. Said chapter is further amended by striking Code Section 7-1-1016, relating to regulations relative to advertising, and inserting in its place the following:
"7-1-1016. In addition to such other rules, regulations, and policies as the department may promulgate to effectuate the purpose ofthis article, the department shall prescribe regulations governing the advertising of mortgage loans, including without limitation the following requirements:
(1) Advertisements for loans regulated under this article may not be false, misleading, or deceptive. No person whose activities are regulated under this article may advertise in any manner so as to indicate or imply that its interest rates or charges for loans are in any way 'recommended,' 'approved,' 'set,' or 'established1 by the state or this article; (2) All advertisements disseminated in this state by a licensee or a registrant shall contain the name, license number, and an office address of such licensee or registrant, which shall conform to a name and address on record with the department; and (3) No licensee shall advertise its services in Georgia in any media disseminated in this state, whether print or electronic, without the words 'Georgia Residential Mortgage Licensee' or, for those advertisers licensed in more than one state, a listing of Georgia as a state in which the advertiser is licensed."
SECTION 14. All laws and parts of laws in conflict with this Act are repealed.
Approved May 16,2002.

1232_______GENERAL ACTS AND RESOLUTIONS, VOL. I_______
GAME AND FISH - TRAWLERS; USE OF FISHING GEAR MISDEMEANOR OF HIGH AND AGGRAVATED NATURE; EXEMPTION FROM CERTAIN CREEL AND POSSESSION LIMITS.
Code Sections 27-1-38, 27-1-39, and 27-4-130.1 Amended.
No. 946 (Senate Bill No. 347).
AN ACT
To amend Title 27 of the Official Code of Georgia Annotated, relating to game and fish, so as to provide that certain violations shall constitute misdemeanors of a high and aggravated nature; to provide for penalties; to change the date of rules upon which criminal violations may be based; to provide that trawlers shall be exempt from the creel and possession limits for flounder, whiting, spot, and Atlantic croaker; to provide that hook and line anglers shall be exempt from the creel and possession limits for whiting; 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, relating to game and fish, is amended by striking in its entirety Code Section 27-1-38, relating to the penally for violations of such title, and inserting in lieu thereof the following:
"27-1-38. Unless otherwise specifically provided, any person who violates any of the provisions of this title shall be guilty of a misdemeanor; provided, however, that unless otherwise specifically provided, any person who violates any of the provisions of this title or any rule or regulation promulgated pursuant thereto relating to the possession or use of fishing gear on trawlers shall be a misdemeanor of a high and aggravated nature and shall be fined $ 1,000.00 for the first offense, $3,000.00 for the second offense, and $5,000.00 for the third and each subsequent offense."
SECTION 2. 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 1,2002."

GEORGIA LAWS 2002 SESSION

1233

SECTION 3. Said title is further amended by striking in its entirety subsection (c) of Code Section 27-4-130.1, relating to open seasons, creel and possession limits, and minimum size limits for certain finish species, and inserting in lieu thereof the following:
"(c) It shall be unlawful to take the following salt-water finish species at any time except during the open seasons so established for such species or to take or possess the following salt-water finish species except in accordance with the creel and possession limits and minimum sizes so established for such species; provided, however, that trawlers fishing for shrimp for human consumption pursuant to Code Section 27-4-133 shall be exempt from the creel and possession limits for whiting, spot, and Atlantic croaker and provided, further, that hook and line anglers shall be exempt from the creel and possession limits for whiting:

Maximum Open Season

Maximum Daily Creel
And Possession
Limit

Range of Minimum
Sizes

(1) Spotted sea trout

All year

15

13 inches

(2) Weakfish

All year

6

13 inches

(3) Black drum

All year

15

10 inches

(4) Flounder (Paralichthys spp.)

All year

15

12 inches

(5) Whiting (Menticirrhus spp.)

All year

35

10 inches

(6) Spot

All year

25

8 inches

(7) Atlantic croaker

All year

25

8 inches

(8) Tripletail

All year

5

18 inches"

SECTION 4. All laws and parts of laws in conflict with this Act are repealed.
Approved May 16, 2002.

1234______GENERAL ACTS AND RESOLUTIONS, VOL. I_________
COURTS - STATE COURT JUDGES; QUALIFICATIONS.
Code Section 15-7-21 Amended.
No. 947 (Senate Bill No. 220).
AN ACT
To amend Code Section 15-7-21, of the Official Code of Georgia Annotated, relating to qualifications of state court judges, restrictions on the practice of law, removal, discipline, and involuntary retirement, so as to change the provisions relating to qualifications for election and reelection ofjudges; 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, restrictions on the practice of law, removal, discipline, and involuntary retirement, is amended by striking subsection (a) and inserting in its place the following:
"(a)(l) Except as provided in paragraph (2) of this subsection, each judge of the state court shall be a resident of the geographic area in which he or she is selected to serve, shall have been a resident of the state for three years next preceding the beginning of his or her term of office, shall as of such date be at least 25 years of age, and shall have been admitted to practice law for seven years. (2) If, at the expiration of the qualifying period for the general nonpartisan primary 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. If such person is elected to the office of state court judge, such person may thereafter qualify for reelection to such office as long as such person continues to reside within the judicial circuit containing the geographic area in which the judge is to serve and otherwise meets the requirements of paragraph (1) of this subsection."

_____________GEORGIA LAWS 2002 SESSION__________1235
SECTION 2. All laws and pans of laws in conflict with this Act are repealed.
Approved May 16, 2002.
CORPORATIONS, PARTNERSHIPS, AND ASSOCIATIONS GEORGIA LIMITED LIABILITY COMPANY ACT; DEFINITIONS; APPROVAL RIGHTS OF MEMBERS; DISTRIBUTIONS AND DISSOCIATION; CESSATION OF MEMBERSHIP.
Code Sections 14-11-101, 14-11-308, 14-11-405, 14-11-502, 14-11-601, 14-11-601.1, and 14-11-602 Amended.
No. 948 (Senate Bill No. 253).
AN ACT
To amend Chapter 11 of Title 14 of the Official Code of Georgia Annotated, known as the "Georgia Limited Liability Company Act," so as to change certain definitions and cross-references; to change the provisions relating to approval rights of members and managers; to change the provisions relating to distributions upon the event of dissociation; to change the provisions relating to dissociation; to change the provisions relating to assignment of limited liability company interest; to change the provisions relating to cessation of membership; to limit withdrawal from a limited liability company; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Chapter 11 of Title 14 of the Official Code of Georgia Annotated, known as the "Georgia Limited Liability Company Act," is amended by striking Code Section 14-11-101, relating to definitions, and inserting in its place the following:
"14-11-101. As used in this chapter, unless the context otherwise requires, the term:
(1) 'Articles of organization' means the articles filed under Code Section 14-11-203 and such articles as amended or restated. (2) 'Business entity' means a limited liability company, a foreign limited liability company, a limited partnership, a foreign limited partnership, a general partnership, a corporation, or a foreign corporation. (3) 'Conflicting interest' with respect to a limited liability company means the interest a member or manager of the limited liability company has respecting

1236_____GENERAL ACTS AND RESOLUTIONS, VOL. I_______
a transaction effected or proposed to be effected by the limited liability company (or by a person in which the limited liability company has a controlling interest), with respect to which the member or manager has the power to act or vote, if:
(A) Whether or not the transaction is brought before the members or managers responsible for the decision, as the case may be, of the limited liability company for action, to the knowledge of the member or manager at the time of commitment, he or she or a related person is a party to the transaction or has a beneficial financial interest in or so closely linked to the transaction and of such financial significance to the member or manager or a related person that it would reasonably be expected to exert an influence on the member or manager's judgment if he or she were called upon to vote on the transaction; or (B) The transaction is brought (or is of such character and significance to the limited liability company that it would in the normal course be brought) before the members or managers responsible for the decision, as the case may be, of the limited liability company for action and, to the knowledge of the member or manager at the time of commitment, any of the following persons is either a party to the transaction or has a beneficial financial interest so closely linked to the transaction and of such financial significance to that person that it would reasonably be expected to exert an influence on the member or manager's judgment if he or she were called upon to vote on the transaction: an entity (other than the limited liability company) of which the member or manager is a director, general partner, member, manager, agent, or employee; an entity that controls, is controlled by, or is under common control with one or more of the entities specified in the preceding clause; or an individual who is a general partner, principal, or employer of the member or manager. (4) 'Contribution' means a contribution to the capital of a limited liability company authorized by Code Section 14-11-401. (5) 'Corporation' means a corporation incorporated under Chapter 2 of this title. (6) 'Distribution' means a direct or indirect transfer of money or other property (except its own limited liability company interests) by a limited liability company to or for the benefit of its members or their assignees in respect of any of its limited liability company interests. A distribution may be in the form of a transfer of money or other property; a purchase, redemption, or other acquisition of a limited liability company interest; a distribution of indebtedness; or otherwise. (6.1) 'Electronic transmission' or 'electronically transmitted' means any process of communication not directly involving the physical transfer of paper that is suitable for the retention, retrieval, and reproduction of information by the recipient. (7) 'Event of dissociation' means an event that causes a person to cease to be a member, as provided in Code Section 14-11 -601 or 14-11 -601.1.

__________GEORGIA LAWS 2002 SESSION__________1237
(8) 'Foreign corporation' means a corporation for profit formed under the laws of a jurisdiction other than this state. (9) 'Foreign limited liability company' means a limited liability company formed under the laws of a jurisdiction other than this state. (10) 'Foreign limited partnership' means a limited partnership formed under the laws of a jurisdiction other than this state. (11) 'General partnership' means a partnership (other than a limited partnership) existing under the laws of this state or the laws of any other jurisdiction. (12) 'Limited liability company' means a limited liability company formed under this chapter by one or more members. (13) 'Limited liability company interest' means a member's share ofthe profits and losses of a limited liability company and a member's right to receive distributions. (14) 'Limited partnership' means a limited partnership formed under the laws of this state. (15) 'Manager' means a person in whom management is vested in accordance with subsection (b) of Code Section 14-11-304. (16) 'Member' means a person who has been admitted to a limited liability company as a member as provided in Code Section 14-11-505 and who has not ceased to be a member as provided in Code Section 14-11 -601 or 14-11 -601.1. (17) 'Member or manager's conflicting interest transaction' with respect to a limited liability company means a transaction effected or proposed to be effected by the limited liability company (or by a person in which the limited liability company has a controlling interest) respecting which a member or manager of the limited liability company having the power to act or vote has a conflicting interest. (18) 'Operating agreement' means any agreement, written or oral, as to the conduct of the business and affairs of a limited liability company that is binding upon all of the members. A written operating agreement may provide that a person shall be admitted as a member of a limited liability company, or shall become an assignee of a limited liability company interest or other rights or powers of a member to the extent assigned, and shall become bound by the operating agreement and the provisions of the articles of organization (A) if such person (or a representative authorized by such person orally, in writing, or by other action such as payment for a limited liability company interest) executes the operating agreement or any other writing evidencing the intent of such person to become a member or assignee, or (B) without such execution, if such person (or a representative authorized by such person orally, in writing, or by other action such as payment for a limited liability company interest) complies with the conditions for becoming a member or assignee as set forth in the written operating agreement or any other writing and such person or representative requests in writing that the records of the limited liability company reflect such admission or assignment. In the case of a limited liability company with only one member, a writing signed by that member

1238______GENERAL ACTS AND RESOLUTIONS, VOL. I_________
stating that it is intended to be a written operating agreement shall constitute a written operating agreement. (19) 'Person' means an individual, business entity, business trust, estate, trust, association, joint venture, government, governmental subdivision or agency, or any other legal or commercial entity. (20) 'Proceeding' means any threatened, pending, or completed action, suit, or proceeding, whether civil, criminal, administrative, or investigative and whether formal or informal. (21) 'Related person' of a member or manager means:
(A) A child, grandchild, sibling, parent, or spouse of, or an individual occupying the same household as, the member or manager or a trust or estate of which an individual specified in this subparagraph is a substantial beneficiary; or (B) A trust, estate, incompetent, conservator, or minor of which the member or manager is a fiduciary. (22) 'Required disclosure' means disclosure by the member or manager who has a conflicting interest of (A) the existence and nature of his or her conflicting interest, and (B) all facts known to him or her respecting the subject matter of the transaction that an ordinarily prudent person would reasonably believe to be material to a judgment as to whether or not to proceed with the transaction. (23) 'State' means the District of Columbia or the Commonwealth of Puerto Rico or any state, territory, possession, or other jurisdiction of the United States. (24) Time of commitment' respecting a member's or manager's conflicting interest transaction means the time when the transaction is consummated or, if made pursuant to contract, the time when the limited liability company (or the person in which it has a controlling interest) becomes contractually obligated so that its unilateral withdrawal from the transaction would entail significant loss, liability, or other damage."
SECTION 2. Said chapter is further amended by striking Code Section 14-11-308, relating to approval rights of members and managers, and inserting in its place the following:
"14-11-308.
(a) Except as otherwise provided in this chapter or in the articles of organization or a written operating agreement, and subject to subsection (b) of this Code section:
(1) If management of the limited liability company is vested in the members, each member shall have one vote with respect to, and the affirmative vote, approval, or consent of a majority of the members shall be required to decide, any matter arising in connection with the business and affairs of the limited liability company; and (2) If management of the limited liability company is vested in a manager or managers, each manager shall have one vote with respect to, and the

____________GEORGIA LAWS 2002 SESSION________1239
affirmative vote, approval, or consent of a majority of the managers shall be required to decide, any matter arising in connection with the business and affairs of the limited liability company. (b) Unless otherwise provided in the articles of organization or a written operating agreement, the unanimous vote or consent of the members shall be required to approve the following matters: (1) The dissolution of the limited liability company under paragraph (3) of subsection (a) or paragraph (3) of subsection (b) of Code Section 14-11-602; (2) The merger of the limited liability company under subsection (a) of Code Section 14-11-903; (3) The sale, exchange, lease, or other transfer of all or substantially all of the assets of the limited liability company. For the purposes of this paragraph, assets shall be deemed to be less than all or substantially all of a limited liability company's assets if the value of the assets does not exceed two-thirds of the value of all of the assets of the limited liability company and the revenues represented or produced by such assets do not exceed two-thirds of the total revenues of the limited liability company; provided, however, that this paragraph shall not create any inference that the sale, exchange, lease, or other transfer of assets exceeding the amounts described in this paragraph is the sale of all or substantially all of the assets of the limited liability company; (4) The admission of any new member of the limited liability company under subsection (b) of Code Section 14-11-505; (5) An amendment to the articles of organization under Code Section 14-11 -210 or an amendment to a written operating agreement; (6) Action under subsection (b) of Code Section 14-11-402 to reduce or eliminate an obligation to make a contribution to the capital of a limited liability company; (7) Action to approve a distribution under Code Section 14-11-404; or (8) Action to continue a limited liability company under paragraph (4) of subsection (a) or paragraph (4) of subsection (b) of Code Section 14-11-602."
SECTION 3. Said chapter is further amended by striking Code Section 14-11-405, relating to distributions upon event of dissociation, and inserting in its place the following:
"14-11-405.
(a) Effective for limited liability companies formed prior to July 1,1999, except as otherwise provided in the articles of organization or a written operating agreement, and subject to Code Section 14-11-407, a member with respect to which an event of dissociation occurs (other than one of the events specified in paragraphs (1), (2), and (4) of subsection (b) of Code Section 14-11-601) is entitled to receive, within a reasonable time after the occurrence of the event, the fair value of the member s interest in the limited liability company as of the date of such occurrence, but only if such event does not result in dissolution of the limited liability company.

1240______GENERAL ACTS AND RESOLUTIONS, VOL. I________
(b) Effective for limited liability companies formed on or after July 1, 1999, except as otherwise provided in the articles of organization or a written operating agreement, a member with respect to which an event of dissociation occurs under Code Section 14-11-601.1 is not entitled to receive any payment by reason of such event and will become an assignee as to such limited liability company interest."
SECTION 4. Said chapter is further amended by striking Code Section 14-11-502, relating to assignment of limited liability company interest, and inserting in its place the following:
"14-11-502.
Except as otherwise provided in the articles of organization or a written operating agreement:
(1) A limited liability company interest is assignable in whole or in part; (2) An assignment entitles the assignee to share in the profits and losses and to receive the distributions to which the assignor was entitled, to the extent assigned; (3) An assignment of a limited liability company interest does not of itself dissolve the limited liability company or entitle the assignee to participate in the management and affairs of the limited liability company or to become or exercise any rights of a member until admitted as a member pursuant to Code Section 14-11-505; (4) Until the assignee of a limited liability company interest becomes a member, the assignor continues to be a member with respect to the assigned limited liability company interest, subject to the other members' right to remove the assignor pursuant to subparagraph (b)(3)(B) of Code Section 14-11-601 or subparagraph (b)(2)(B) of Code Section 14-11-601.1; (5) Until the assignee of a limited liability company interest becomes a member, the assignee shall have no liability as a member solely as a result of the assignment; (6) A member who assigns his or her entire limited liability company interest ceases to be a member or to have the power to exercise any rights of a member when all of the assignees of his or her entire limited liability company interest become members with respect to the assigned limited liability company interest, subject to the other members' right to remove the assignor earlier pursuant to subparagraph (b)(3)(B) of Code Section 14-11-601 or subparagraph (b)(2)(B) of Code Section 14-11-601.1; and (7) The pledge of, or granting of a security interest, lien, or other encumbrance in or against, any or all of the limited liability company interest of a member is not an assignment and shall not cause the member to cease to be a member or to cease to have the power to exercise any rights or powers of a member."

____________GEORGIA LAWS 2002 SESSION _______1241
SECTION 5. Said chapter is further amended by striking Code Section 14-11-601, relating to events of dissociation, and inserting in its place the following:
"14-11-601.
(a) This Code section is effective for limited liability companies formed prior to July 1, 1999. (b) A person ceases to be a member of a limited liability company upon the occurrence of any of the following events:
(1) The member withdraws by voluntary act from the limited liability company as provided in subsection (d) of this Code section; (2) The member ceases to be a member of the limited liability company as provided in paragraph (6) of Code Section 14-11-502; (3) The member is removed as a member:
(A) In accordance with the articles of organization or a written operating agreement; or (B) Subject to contrary provision in the articles of organization or in a written operating agreement, when the member assigns all of his or her limited liability company interest, by an affirmative vote of a majority in number of the members who have not assigned all of their limited liability company interests; (4) The member's entire interest in the limited liability company is purchased or redeemed by the limited liability company; (5) Subject to contrary provision in the articles of organization or a written operating agreement, or written consent of all other members at the time, the member (A) makes an assignment for the benefit of creditors; (B) files a voluntary petition in bankruptcy; (C) is adjudicated a bankrupt or insolvent; (D) files a petition or answer seeking for the member any reorganization, arrangement, composition, readjustment, liquidation, dissolution, or similar relief under any statute, law, or regulation; (E) files an answer or other pleading admitting or failing to contest the material allegations of a petition filed against the member in any proceeding of this nature; or (F) seeks, consents to, or acquiesces in the appointment of a trustee, receiver, or liquidator of the member or of all or any substantial part of the member's properties; (6) Subject to contrary provision in the articles of organization or a written operating agreement, or written consent of all other members at the time, if within 120 days after the commencement of any proceeding against the member seeking reorganization, arrangement, composition, readjustment, liquidation, dissolution, or similar relief under any statute, law, or regulation, the proceeding has not been dismissed, or if within 90 days after the appointment without his or her consent or acquiescence of a trustee, receiver, or liquidator of the member or of all or any substantial part of his or her properties, the appointment is not vacated or stayed, or within 90 days after the expiration of any stay, the appointment is not vacated; or

1242_____GENERAL ACTS AND RESOLUTIONS, VOL. I_________
(7) Subject to contrary provision in the articles of organization or a written operating agreement, or written consent of all other members at the time, in the case of a member who is an individual:
(A) On the date of his or her death; or (B) On the date of the entry of an order by a court of competent jurisdiction adjudicating the member incompetent to manage his or her person or his or her property. (c) The articles of organization or a written operating agreement may provide for other events the occurrence of which result in a person ceasing to be a member of the limited liability company. (d) Except as otherwise provided in the articles of organization or a written operating agreement, a member may withdraw from the limited liability company at any time by giving written notice to the other members at least 30 days in advance of his or her withdrawal or such other notice as is provided for in a written operating agreement."
SECTION 6. Said chapter is further amended by striking Code Section 14-11-601.1, relating to events resulting in cessation of membership, and inserting in its place the following:
"14-11-601.1. (a) This Code section is effective for limited liability companies formed on or after July 1, 1999. (b) A person ceases to be a member of a limited liability company upon the occurrence of any of the following events:
(1) The member ceases to be a member of the limited liability company as provided in paragraph (6) of Code Section 14-11-502; (2) The member is removed as a member:
(A) In accordance with the articles of organization or a written operating agreement; or (B) Subject to contrary provision in the articles of organization or in a written operating agreement, when the member assigns all of his or her limited liability company interest, by an affirmative vote of a majority in number of the members who have not assigned all of their limited liability company interests; (3) The member s entire interest in the limited liability company is purchased or redeemed by the limited liability company; (4) Subject to contrary provision in the articles of organization or a written operating agreement, or written consent of all other members at the time, the member (A) makes an assignment for the benefit of creditors; (B) files a voluntary petition in bankruptcy; (C) is adjudicated a bankrupt or insolvent; (D) files a petition or answer seeking for the member any reorganization, arrangement, composition, readjustment, liquidation, dissolution, or similar relief under any statute, law, or regulation; (E) files an answer or other pleading admitting or failing to contest the material allegations of a petition filed against the member in any proceeding of this nature; or (F) seeks,

____________GEORGIA LAWS 2002 SESSION__________1243
consents to, or acquiesces in the appointment of a trustee, receiver, or liquidator of the member or of all or any substantial part of the member's properties; (5) Subject to contrary provision in the articles of organization or a written operating agreement, or written consent of all other members at the time, if within 120 days after the commencement of any proceeding against the member seeking reorganization, arrangement, composition, readjustment, liquidation, dissolution, or similar relief under any statute, law, or regulation, the proceeding has not been dismissed, or if within 90 days after the appointment without his or her consent or acquiescence of a trustee, receiver, or liquidator of the member or of all or any substantial part of his or her properties, the appointment is not vacated or stayed, or within 90 days after the expiration of any stay, the appointment is not vacated; or (6) Subject to contrary provision in the articles of organization or a written operating agreement, or written consent of all other members at the time, in the case of a member who is an individual:
(A) On the date of his or her death; or (B) On the date of the entry of an order by a court of competent jurisdiction adjudicating the member incompetent to manage his or her person or his or her property. (c) The articles of organization or a written operating agreement may provide for other events the occurrence of which result in a person ceasing to be a member of the limited liability company. (d) Except as otherwise provided in the articles of organization or a written operating agreement, a member may not withdraw from the limited liability company."
SECTION 7. Said chapter is further amended by striking subsection (a) of Code Section 14-11-602, relating to dissolution, and inserting in its place the following:
"(a) Effective for limited liability companies formed prior to July 1, 1999, a limited liability company is dissolved and its affairs shall be wound up upon the first to occur of the following:
(1) At the time specified in the articles of organization or a written operating agreement; (2) Upon the happening of events specified in the articles of organization or a written operating agreement; (3) At a time approved by all the members; (4) Subject to contrary provision in the articles of organization or a written operating agreement, 90 days after any event of dissociation with respect to any member (other than an event specified in paragraph (1) of subsection (b) of Code Section 14-11-601), unless within such 90 day period the limited liability company is continued by the written consent of all other members or as otherwise provided in the articles of organization or a written operating agreement; or

1244______GENERAL ACTS AND RESOLUTIONS, VOL. I_______
(5) Entry of a decree of judicial dissolution under subsection (a) of Code Section 14-11-603."
SECTION 8. All laws and parts of laws in conflict with this Act are repealed.
Approved May 16, 2002.
CIVIL PRACTICE - SERVICE OF PROCESS IN CIVIL ACTIONS; INTERNATIONAL SERVICE OF PROCESS; HAGUE
CONVENTION ON THE SERVICE ABROAD OF JUDICIAL AND EXTRAJUDICIAL DOCUMENTS; DISCRETION OF TRIAL COURT TO ALLOW ADDITIONAL EXPERT WITNESSES AFTER ENTRY OF PRETRIAL ORDER.
Code Sections 9-11-4 and 9-11-16 Amended.
No. 949 (Senate Bill No. 346).
AN ACT
To amend Chapter 11 of Title 9 of the Official Code of Georgia Annotated, relating to the Civil Practice Act, so as change certain pretrial procedures; to amend Code Section 9-11-4 of the Official Code of Georgia Annotated, relating to service of process in civil actions, so as to conform to the language of Federal Rule of Civil Procedure 4(f) regarding the methods of service of process in other countries in conformity with the Convention Relative to the Notification or Service Abroad of Judicial and Extrajudicial Documents; to authorize international service of process by mail when not prohibited by the government of a foreign country; to provide that after entry of an order governing a civil trial, the court in its discretion may allow additional expert witnesses to be called to testify; 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 9 of the Official Code of Georgia Annotated, relating to the Civil Practice Act, is amended in Code Section 9-11-4, relating to service of process in civil actions, by inserting immediately after paragraph (2) of subsection (f) a new paragraph (3) to read as follows:
"(3) SERVICE UPON PERSONS IN A FOREIGN COUNTRY. Unless otherwise provided by law, service upon a person from whom a waiver has not been

____________GEORGIA LAWS 2002 SESSION__________1245
obtained and filed, other than an infant or an incompetent person, may be effected in a place not within the United States:
(A) By any internationally agreed means reasonably calculated to give notice, such as those means authorized by the Hague Convention on the Service Abroad of Judicial and Extrajudicial Documents; (B) If there is no internationally agreed means of service or the applicable international agreement allows other means of service, provided that service is reasonably calculated to give notice:
(i) In the manner prescribed by the law of the foreign country for service in that country in an action in any of its courts of general jurisdiction; (ii) As directed by the foreign authority in response to a letter rogatory or letter of request; or (iii) Unless prohibited by the law of the foreign country, by:
(I) Delivery to the person of a copy of the summons and the complaint; or (II) Any form of mail requiring a signed receipt, to be addressed and dispatched by the clerk of the court to the party to be served; or (C) By other means not prohibited by international agreement as may be directed by the court."
SECTION 1.1 Said chapter is further amended in Code Section 9-11-16, relating to pretrial procedure, formulating issues, the pretrial order, and the pretrial calendar, by striking in its entirety subsection (b) and inserting in lieu thereof the following:
"(b) The court shall make an order which recites the action taken at the conference and the agreements made by the parties as to any of the matters considered and which limits the issues for trial to those not disposed of by admissions or agreements of counsel. The order, when entered, controls the subsequent course of the action unless modified at the trial to prevent manifest injustice. After entry of the pretrial order, it shall be within the discretion of the court to permit or disallow the presentation oftestimony from any expert witness whose name is not contained in the pretrial order; provided, however, that if the additional expert witness is permitted to testify, any opposing party shall be permitted reasonable time to take the deposition ofthe additional expert witness. The court, in its discretion, may establish by rule a pretrial calendar on which actions may be placed for consideration as provided in subsection (a) of this Code section and may either confine the calendar to jury actions or to nonjury actions or extend it to all actions."
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.
Approved May 16, 2002.

1246_____GENERAL ACTS AND RESOLUTIONS, VOL. I________
RETIREMENT AND PENSIONS - DEFINITION OF RETIREMENT SYSTEM AMENDED; CREDITABLE
SERVICE FOR TERMS OF MILITARY SERVICE BEGUN WHEN MILITARY DRAFT WAS IN EFFECT.
Code Sections 47-1-14 and 47-2-96 Amended.
No. 950 (Senate Bill No. 62).
AN ACT
To amend Title 47 ofthe Official Code of Georgia Annotated, relating to retirement and pensions, so as to change a certain definition; to provide for creditable service for terms of military service begun when the military draft was in effect; to provide for the payment of an employee contribution with interest; to provide a time period for making application; to provide conditions for an effective date and automatic repeal; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Title 47 of the Official Code of Georgia Annotated, relating to retirement and pensions, is amended by striking in its entirety subsection (a) of Code Section 47-1-14, relating to the exemption of retirement system records from public inspection, and inserting in lieu thereof the following:
"(a) As used in this Code section, the term 'retirement system' means any public retirement system created by this title. Such term also means any association of like political subdivisions the purpose of which is the pooling of funds for retirement or pension purposes."
SECTION 2. Said title is further amended by striking in its entirety subsection (j) of Code Section 47-2-96, relating to prior service credit in the Employees' Retirement System of Georgia and related matters, and inserting in lieu thereof the following:
"(j) Anything in this chapter to the contrary notwithstanding, any member who was on active duty in the armed forces of the United States during any period during which a military draft was in effect, and any member who served an uninterrupted period of active duty which began during any such period, may receive military service credit for such period of active duty up to a maximum of two years, provided that such member shall pay the regular employee contribution of 5 percent of the compensation last paid to such member as an employee before entering military service or 5 percent of the compensation first paid to such member as an employee after returning from military service plus 41/2 percent interest on such employee contributions, compounded annually to date of payment; provided, further, that no service in the armed forces shall be

____________GEORGIA LAWS 2002 SESSION__________1247
deemed as creditable under any provisions of this chapter if such service has or will be used in the determination of any member's eligibility for retirement benefits or allowances from any other state or federal retirement program, excluding social security and those retirement programs covered under Public Law 810,80th Congress, as amended. Notwithstanding any other time limitation provided in this chapter for obtaining creditable service for military service, a qualified member may obtain creditable service pursuant to the provisions of this subsection by making application therefor prior to December 31, 2003."
SECTION 3. This Act shall become effective on July 1, 2002, only if it is determined to have been concurrently funded as provided in Chapter 20 ofTitle 47 ofthe Official Code of Georgia Annotated, the "Public Retirement Systems Standards Law"; otherwise, this Act shall not become effective and shall be automatically repealed in its entirety on July 1, 2002, as required by subsection (a) of Code Section 47-20-50.
SECTION 4. All laws and parts of laws in conflict with this Act are repealed.
Approved May 16, 2002.
DOMESTIC RELATIONS - CHILD SUPPORT ENFORCEMENT; USE OF NATIONAL MEDICAL SUPPORT NOTICE AUTHORIZED; PROHIBITION OF PAYOR FEES FOR COMPLYING WITH
ORDER TO ENROLL IN HEALTH BENEFIT PLAN; PATERNITY TESTING; SOCIAL SECURITY NUMBER REQUIRED FOR DRIVERS'
LICENSES AND IDENTIFICATION CARDS ISSUED BY DEPARTMENT OF MOTOR VEHICLE SAFETY AND LICENSES AND PERMITS ISSUED BY DEPARTMENT OF NATURAL RESOURCES;
DEPARTMENT OF HUMAN RESOURCES BANK MATCH REGISTRY CREATED.
Code Sections 19-6-31, 19-6-32, 19-6-33, 19-7-43, 19-11-9.1, 19-11-9.2, 19-11-27, 19-11-28, 19-11-29, 19-11-30.1, 19-11-30.2,
19-11-30.3, 19-11-30.5, 19-11-30.6, 19-11-30.7, 19-11-30.8, 19-11-30.9, and 19-11-30.11 Amended.
No. 951 (House Bill No. 1224).
AN ACT
To provide for changes in laws pertaining to child support enforcement; to amend Title 19 of the Official Code of Georgia Annotated, relating to domestic relations,

1248______GENERAL ACTS AND RESOLUTIONS, VOL. I________
so as to authorize the use of the National Medical Support Notice to enforce medical support provisions of a child support order; to prohibit a payor from deducting a fee for complying with an order for enrollment in a health benefit plan; to provide for payment for a genetic test to establish paternity; to require a social security number on an application for a driver's license or license pursuant to Chapter 2 of Title 27; to provide for confidentiality of social security numbers provided to the Department of Human Resources; to provide for the notification of employers and health insurers of an order to enforce accident and sickness coverage; to provide the obligor with the right and means to contest withholding of insurance premiums; to authorize the Department of Human Resources to adopt rules and regulations; to provide for notice of enrollment in a plan and establishment of coverage for accident and sickness insurance in compliance with a child support order; to provide for notice of termination of employment to the person or entity that sent a National Medical Support Notice; to change cross-references; to establish the Department of Human Resources Bank Match Registry; to vest the Department of Human Resources with the authority for the operation and administration of the bank match registry; to provide for related matters; to provide for effective dates; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Title 19 of the Official Code of Georgia Annotated, relating to domestic relations, is amended in Code Section 19-6-31, relating to definitions, by adding between paragraphs (8) and (9) a new paragraph (8.1) to read as follows:
"(8.1) 'National Medical Support Notice' means a notice as prescribed under 42 U.S.C. Section 666(a)(19), or a substantially similar notice, which is issued and forwarded by the IV-D agency to enforce the medical support provisions of a support order."
SECTION 2. Said title is further amended by striking paragraph (2) of subsection (a) of Code Section 19-6-32, relating to entering income deduction order for award of child support, when order effective, and hearing on order, and inserting in its place the following:
"(2) For all child support orders, and spousal support orders enforced pursuant to subsection (d) of Code Section 19-11-6, the IV-D agency shall be authorized to issue an order for income deduction without need for any amendment to the order involved or any further action by the court or entity that issued it, provided that an opportunity for a hearing before a court, a referee of the court, or an administrative law judge is afforded. The IV-D agency shall also be authorized to issue a National Medical Support Notice to enforce the medical support provisions of such orders, provided that an opportunity for a hearing pursuant to Code Section 19-11-27 is afforded. Such orders or notices may be

____________GEORGIA LAWS 2002 SESSION__________1249
issued electronically by the IV-D agency. The IV-D agency shall issue an order for income deduction or, when appropriate, a National Support Medical Notice within two business days after the information regarding a newly hired employee is entered into the centralized employee registry pursuant to Code Section 19-11-9.2 and matched with an obligor in a case being enforced by the IV-D agency."
SECTION 3. Said title is further amended by striking paragraph (5) of subsection (e) of Code Section 19-6-33, relating to notice and service of income deduction order, hearing on enforcement of order, discharge of obligor, and penalties, and inserting in its place the following:
"(5) Provide that the payer may collect up to $25.00 against the obligor's income to reimburse the payor for administrative costs for the first income deduction pursuant to an income deduction order and up to $3.00 for each deduction thereafter. The payor of income may not deduct a fee for complying with any order or notice for enrollment in a health benefit plan;".
SECTION 4. Said title is further amended by striking subsection (f) of Code Section 19-7-43, relating to a petition, by whom brought, the effect of agreement on the right to bring a petition, a stay pending the birth of a child, a court order for blood tests, and genetic tests, and inserting in its place the following:
"(f) In any case in which the court or the department orders genetic testing and one or both of the parties to the action is receiving child support services pursuant to Code Section 19-11-6, the department shall pay the costs of such tests subject to recoupment from the alleged father if paternity is established. A second genetic test shall be ordered by the department if an order for paternity has not been issued and if the person making the request tenders payment of the cost of the test at the time of the request."
SECTION 5. Said title is further amended by adding a new subsection (a.l) to Code Section 19-11-9.1, relating to duty to furnish information about obligor to department, use of information obtained, and penalty for noncompliance, to read as follows:
"(a.l)(l) In accordance with the mandate contained in 42 U.S.C. Section 666(a)(13)(A) and notwithstanding any provision of Title 40 relating to motor vehicles as now existing or hereafter amended, the Department of Motor Vehicle Safety shall require an applicant for a driver's license, a commercial driver's license, a learner's permit, or an identification card to provide to the Department of Motor Vehicle Safety the applicant's social security number as part of the application. The Department of Motor Vehicle Safety shall provide to the Department of Human Resources, in addition to other information required to be provided to the Department of Human Resources, such social security numbers of individuals who have been issued a driver's license, a

1250_____GENERAL ACTS AND RESOLUTIONS, VOL. I________
commercial driver's license, a learner's permit, or an identification card. The Department of Human Resources shall use the information provided by the Department of Motor Vehicle Safety pursuant to this Code section for the purpose of complying with the requirements of law concerning the enforcement of child support. (2) In accordance with the mandate contained in 42 U.S.C. Section 666(a)(13)(A) and notwithstanding any provision of Chapter 2 of Title 27 relating to licenses and permits as now existing or hereafter amended, the Department of Natural Resources shall require an applicant for a license or permit pursuant to Chapter 2 of Title 27 to provide to the Department of Natural Resources the applicant's social security number as a part of the license or permit application. The Department of Natural Resources shall provide to the Department of Human Resources, along with other information required to be provided to the Department of Human Resources, the social security numbers of individuals who have been issued a license or permit pursuant to Chapter 2 of Title 27. The Department of Human Resources shall use the information provided by the Department ofNatural Resources pursuant to this Code section for the purpose of complying with the requirements of law concerning the enforcement of child support. (3) The information collected by the Department of Motor Vehicle Safety and the Department of Natural Resources and transmitted to the Department of Human Resources pursuant to paragraphs (1) and (2) of this subsection shall be deemed confidential and not subject to public disclosure."
SECTION 6. Said title is further amended by striking subsections (a) and (h) of Code Section 19-11 -9.2, relating to duty of employers to report hiring or rehiring of persons, and inserting in their place the following:
"(a) Employers doing business in the State of Georgia shall report to the Georgia state support registry managed by the Department of Human Resources:
(1) The hiring of any person who resides or works in this state to whom the employer anticipates paying earnings; and (2) The hiring or return to work of any employee who was laid off, furloughed, separated, granted leave without pay, or terminated from employment." "(h) The Department ofHuman Resources shall administer this registry and shall provide computer access to the authorized users. The Department of Human Resources shall be authorized to apportion the costs of the registry between the users."
SECTION 7. Said title is further amended by striking Code Section 19-11-27, relating to accident and sickness insurance coverage for children, notice of enrollment provided to person or entity providing access to coverage on behalf of obligor, and establishment of coverage, and inserting in its place the following:

____________GEORGIA LAWS 2002 SESSION__________1251
"19-11-27.
(a) Whenever a support obligor who is required to maintain accident and sickness insurance fails to provide such coverage as ordered, or allows such coverage to lapse, the department, the Department of Community Health, or the other party may compel the obligor to obtain insurance coverage as provided in this Code section. The remedies provided in this Code section shall be in addition to and not in lieu of any other remedies available to the department, the Department of Community Health, or the other party. (b) The National Medical Support Notice as prescribed under 42 U.S.C. Section 666(a)(19) shall be issued, when appropriate, by the IV-D agency to notify employers and health insurers of an order entered or being enforced by the IV-D agency pursuant to Code Section 19-11-8 and to enforce the accident and sickness provisions of such order. The IV-D agency is not required to issue the National Medical Support Notice in cases where the court or administrative order stipulates alternative accident and sickness coverage that is not employer based. (c) Upon failure of a support obligor to obtain accident and sickness insurance coverage as ordered, or upon the lapse of coverage required to be provided, the department, the Department of Community Health, or the other party may issue and send a notice of enrollment or National Medical Support Notice by certified mail or statutory overnight delivery, return receipt requested, to the person or entity providing access to such coverage on behalf of the obligor. The notice shall include a certified copy of the latest order requiring health insurance coverage and the return address of the sender. (d) In all IV-D cases, the IV-D agency shall notify the obligor in writing that the National Medical Support Notice has been sent to the obligor's employer or union, and the written notification shall include the obligor's rights and duties under the National Medical Support Notice. The obligor has the right to contest the withholding required by the National Medical Support Notice based on a mistake of fact. To contest, the obligor must file a written notice of contest with the IV-D agency within 15 business days from the date of the National Medical Support Notice. Filing with the IV-D agency shall be deemed complete when the notice is received by the person designated by the IV-D agency in the written notification. Upon the timely filing of a notice of contest, the IV-D agency shall, within five business days, schedule an informal conference with the obligor to discuss the obligor's factual dispute. If the informal conference resolves the dispute to the obligor's satisfaction, or if the obligor fails to attend the informal conference, the notice of contest shall be deemed withdrawn. If the informal conference does not resolve the dispute, the obligor has the right to request an administrative hearing before an administrative law judge pursuant to Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,1 within five business days after being notified of the results of the review by the IV-D agency. However, neither a request for informal review nor the filing of a notice of contest for an administrative hearing by the obligor shall delay the withholding of premium payments by the union, employer, or health plan administrator. The union, employer, or health plan administrator must implement the withholding as

1252______GENERAL ACTS AND RESOLUTIONS, VOL. I________
directed by the National Medical Support Notice unless notified by the IV-D agency, court, or the Office ofAdministrative Hearings that the National Medical Support Notice is terminated. (e) Any person or entity providing access to accident and sickness insurance coverage on behalf of the obligor pursuant to a notice of enrollment or National Medical Support Notice shall withhold from the obligor's income the amount necessary to pay the premium for the insurance coverage, provided that the amount deducted does not exceed the limitations of Section 303(b) of the federal Consumer Credit Protection Act, as amended. (f) The department is authorized to adopt rules and regulations to implement the child support enforcement provisions ofthis Code section that affect IV-D cases. (g) Upon receipt of a notice of enrollment or National Medical Support Notice:
(1) The employer and plan administrator shall comply with the provisions in the notice; (2) The employer and plan administrator shall treat the notice as an application for health coverage for the dependent by the person or entity sending the notice to the extent such application is required by the plan; (3) If the obligor named in the notice is not an employee of the employer or if a health benefit plan is not offered or available to the employee, the employer shall notify the person or entity sending the notice, as provided in the notice, within 20 business days after the date of the notice; (4) If a health benefit plan is offered or available to the employee, the employer shall send the plan administrator's portion of the notice to each appropriate plan administrator within 20 business days after the date of the notice; (5) Upon notification from the plan administrator that the dependent is enrolled, the employer shall either withhold and transfer the premiums to the plan, or notify the person or entity sending the notice, that enrollment cannot be completed because of prioritization or limits on withholding as provided in subsection (e) of this Code section or as provided in the notice; (6) Upon notification from the plan administrator that the obligor is subject to a waiting period that expires more than 90 days from the date of receipt of the notice by the plan administrator, or whose duration is determined by a measure other than the passage of time, the employer shall notify the plan administrator when the obligor is eligible to enroll in the plan and that this notice requires enrollment of the dependent named in the notice in the plan; (7) The plan administrator shall enroll the dependent and if necessary the obligor in the plan selected under this paragraph. The plan administrator shall enroll the obligor if enrollment of the obligor is necessary to enroll the dependent. All the following shall apply in the selection of the plan:
(A) If the obligor is enrolled in a health benefit plan that offers dependent coverage, the dependent shall be enrolled in the plan in which the obligor is enrolled;

________GEORGIA LAWS 2002 SESSION__________1253
(B) If the obligor is not enrolled in a plan or is not enrolled in a plan that offers dependent coverage, and if only one plan with dependent coverage is offered by the employer, that plan shall be selected; (C) If the obligor is not enrolled in a health benefit plan that offers dependent coverage, and if more than one plan with dependent coverage is offered by the employer, and if the notice is issued by the IV-D agency, all of the following shall apply:
(i) If only one of the plans is accessible to the dependent, that plan shall be selected. If none of the plans with dependent coverage is accessible to the dependent, the IV-D agency shall amend or terminate the notice; (ii) If more than one of the plans is accessible to the dependent, the plan selected shall be the plan for basic coverage for which the employee's share of the premium is lowest; (iii) If more than one of those plans is accessible to the dependent, but none of the accessible plans is for basic coverage, the plan selected shall be an accessible plan for which the employee's share of the premium is the lowest; and (iv) If the employee's shares of the premiums are the same, the IV-D agency shall consult the obligee and select a plan. If the obligee does not respond within ten days, the IV-D agency shall select a plan which shall be the plan's default option, if any, or the plan with the lowest deductibles and copayment requirements; and (D) If the obligor is not enrolled in a plan or is not enrolled in a plan that offers dependent coverage, and if more than one plan with dependent coverage is offered by the employer, and if the notice is issued by a IV-D child support enforcement agency of another state, that agency shall select the plan as provided in paragraph (8) of this subsection; and (8) Within 40 business days after the date of the notice, the plan administrator shall do all of the following as directed in the notice: (A) Complete the appropriate portion of the notice and return to the person or entity sending the notice; (B) If the dependent is enrolled or is to be enrolled, notify the obligor, the obligee, and the child and furnish the obligee with necessary information including any necessary claim forms or enrollment membership cards necessary to obtain benefits and provide the person or entity sending the notice with the type of health benefit plan under which the dependent has been enrolled, including whether dental, optical, office visits, and prescription drugs are covered services, and with a brief description of the applicable deductibles, coinsurance, waiting period for preexisting medical conditions, and other significant terms or conditions which materially affect the coverage; (C) If more than one plan is available to the obligor and the obligor is not enrolled, forward plan descriptions and documents to the person or entity sending the notice and enroll the dependent, and if necessary the obligor, in the plan selected by the person or entity sending the notice or any default

1254______GENERAL ACTS AND RESOLUTIONS, VOL. I_________
option if the plan administrator has not received a selection from the person or entity sending the notice within 20 business days of the date the plan administrator returned the National Medical Support Notice response to the person or entity sending the notice; (D) If the obligor is subject to a waiting period that expires more than 90 days from the date the plan administrator received the notice or has not completed a waiting period whose duration is determined by a measure other than the passage of time, notify the employer, the person or entity sending the notice, the obligor, and the obligee; and upon satisfaction of the period or requirement, complete the enrollment; (E) Upon completion of the enrollment, notify the employer for a determination of whether the necessary employee share of the premium is available; and (F) If the plan administrator is subject to the federal Employee Retirement Income Security Act, as codified in 29 U.S.C. Section 1169, and the plan administrator determines the notice does not constitute a qualified medical child support order, complete and send the response to the person or entity sending the notice and notify the obligor, the obligee, and the child of the specific reason for the determination."
SECTION 8. Said title is further amended by striking Code Section 19-11-28, relating to accident and sickness insurance coverage for children, notice of coverage, authorization of payments of benefits, notice of termination, and immunity from liability of person or entity providing access to coverage, and inserting in its place the following:
"19-11-28.
(a) The signature of the obligee or an agent of the department shall constitute a valid authorization to any insurer to process benefits and to make payments to a health care provider or the obligee in accordance with any accident and sickness insurance policy. (b) An order of medical support shall operate as an assignment to the support obligee of any right to benefits under a policy of accident and sickness coverage maintained by the obligor insofar as dependent coverage is available. The support obligee shall be subrogated to the rights of the obligor to the extent necessary to pursue any claim against the insurer under such policy. (c) Within ten business days after termination of a policy of accident and sickness insurance established pursuant to Code Section 19-11-27, or the termination of employment of the obligor, the person or entity providing access to such coverage on behalf of a support obligor shall mail a termination notice to the person or entity which initially sent a notice of enrollment or National Medical Support Notice and provide the obligor's last known address and, if known, the address of the obligor's new employer. (d) Any person or entity providing access to accident and sickness coverage on behalf of a support obligor shall be immune from any civil or criminal liability

__________GEORGIA LAWS 2002 SESSION__________1255
while complying in good faith with the provisions of this Code section and Code Section 19-11-27. (e) Any person or entity acting as a plan fiduciary who makes payment pursuant to this Code section discharges to the extent of any payment the plan's obligation."
SECTION 9. Said title is further amended by striking subsection (a) of Code Section 19-11-29, relating to accident and sickness insurance coverage for children, liability, and penalty applicable to person or entity providing access to coverage and insurers, and inserting in its place the following:
"(a) Any person or entity providing access to accident and sickness insurance coverage on behalf of a support obligor in connection with the obligor's employment or union shall be liable for a civil penalty not to exceed $1,000.00 per occurrence for willful failure to enroll promptly, without regard to enrollment season restrictions, a dependent in an accident and sickness insurance plan under an order of medical support or a notice of enrollment; provided, however, that no liability shall exist where such person or entity acts in accordance with subsection (g) of Code Section 19-11-27."
SECTION 10. Said title is further amended by striking Code Section 19-11-30.1, relating to computer based registry, and inserting in its place the following:
"19-11-30.1.
The department shall establish a computer based registry of account data obtained from financial institutions doing business in this state. Such registry shall include only identifying information for obligors whom the IV-D agency believes owe child support and who are not under a child support order, and for obligors who are delinquent in an amount equal to or in excess of their support payment for one month. Such registry shall be known as the Department of Human Resources Bank Match Registry. The IV-D agency shall be the sole agency with access to this data. Access shall be for the purpose of establishing and enforcing orders for support. The department is authorized to establish the procedures and the costs to be paid for performing the data searches and for providing the data to the department's IV-D agency."
SECTION 11. Said title is further amended by striking subsections (b), (c), and (d) of Code Section 19-11-30.2, relating to definitions and information from financial institutions, and inserting in their places the following:
"(b) The department shall, pursuant to the provisions of subsection (f) of this Code section, request from each financial institution, not more frequently than on a quarterly basis, the name, record address, social security number, and other identifying data for each person listed in such request who maintains an account at such financial institution. The data provided shall be sent to the Department

1256_____GENERAL ACTS AND RESOLUTIONS, VOL. I_______
of Human Resources Bank Match Registry. Such registry shall include only identifying information for obligors whom the IV-D agency believes owe child support and who are not under a child support order, and for obligors who are delinquent in an amount equal to or in excess of their support payment for one month. The department shall update such listing every calendar quarter by removing the names of all persons who have had no prior matches in the two immediately preceding quarters. (c) The department may continue to request account matches on such removed names once a year for the two calendar years immediately following the year in which the names are removed or for cause. (d) All requests made by the department pursuant to subsection (b) or (c) of this Code section shall be in machine readable form unless a financial institution expressly requests the department to submit the request in writing. The financial institution shall furnish all such information in machine readable form, which meets criteria established by the department, within 30 days of such request. Each financial institution shall furnish all such information on those persons whose accounts bear a residential address within the state at the time such request is processed by the financial institution."
SECTION 12. Said title is further amended by striking Code Section 19-11-30.3, relating to the responsibility of the Department of Administrative Services Bank Match Registry, and inserting in its place the following:
"19-11-30.3.
The Department of Human Resources Bank Match Registry shall examine the data provided, make positive identification of cases submitted by the IV-D agency for child support enforcement purposes, and report the matched accounts in machine readable form. Upon the receipt of such information, the department, and where appropriate local contractors, shall seek to verify the accuracy of the information presented."
SECTION 13. Said title is further amended by striking Code Section 19-11-30.5, relating to failure of a financial institution to comply, and inserting in its place the following:
"19-11-30.5.
Any financial institution required to submit a report pursuant to Code Section 19-11 -30.2 which fails without reasonable cause as determined by the department to comply with such reporting requirements and which, after notification by certified mail or statutory overnight delivery by the department, return receipt requested, of such failure, continues for more than 15 business days after the mailing of such notification to fail to comply without reasonable cause shall be liable for a penalty of $1,000.00. Any financial institution which willfully provides false information in reply to such notification shall be liable for a penalty of $1,000.00."

____________GEORGIA LAWS 2002 SESSION__________1257
SECTION 14. Said title is further amended by striking Code Section 19-11-30.6, relating to reciprocal agreements with other states, and inserting in its place the following:
"19-11-30.6. The commissioner of human resources, in cooperation with the IV-D agency, shall establish a program ofwage and bank information sharing with other states. The commissioner is authorized to enter into reciprocal agreements with other states to share lists of absent parents who owe support payments to the IV-D agency. Such reciprocal agreements shall only be made with states which administer programs that the commissioner of human resources, in consultation with the IV-D agency, determines are substantially similar. The wage and bank information sharing program shall apply only to states which have similar prohibitions and penalties for disclosure of information. The prohibitions and penalties of Code Section 19-11-30.4 shall also apply to any such information received from any other state under a reciprocal agreement."
SECTION 15. Said title is further amended by striking Code Section 19-11-30.7, relating to construction, and inserting in its place the following:
"19-11-30.7. Code Sections 19-11-30, 19-11-30.4, and 19-11-30.6 shall not be construed to prevent the release by the commissioner of human resources of such wage and bank information data for the purposes described in Title IV-D of the federal Social Security Act."
SECTION 16. Said title is further amended by striking Code Section 19-11-30.8, relating to annual reports, and inserting in its place the following:
"19-11-30.8. The commissioner of human resources shall file an annual report describing the status of the wage reporting and bank match systems. The report shall be filed with the Clerk of the House of Representatives and the Secretary of the Senate for the previous state fiscal year no later than September 30 of each year."
SECTION 17. Said title is further amended by striking Code Section 19-11-30.9, relating to information subject to disclosure and penalty, and inserting in its place the following:
"19-11-30.9. As an exception to Code Section 7-1-360, a financial institution furnishing a report or providing information for the commissioner of human resources under Code Section 19-11-30.2 shall not disclose to a depositor or an account holder that the name of such person has been received from or furnished to the department; provided, however, that a financial institution may disclose to its depositors or account holders that under the bank match system the department

1258______GENERAL ACTS AND RESOLUTIONS, VOL. I_________
has the authority to request certain identifying information on certain depositors or account holders. If a financial institution willfully violates the provisions of this Code section, such institution shall pay to the department the lesser of S1,000.00 or the amount on deposit or in the account of the person to whom such disclosure was made. A financial institution shall incur no obligation or liability to a depositor or account holder or any other person arising from the furnishing of a report or information to the department pursuant to Code Section 19-11-30.2 or from the failure to disclose to a depositor or account holder that the name of such person was included in a list furnished by the department or in a report furnished by the financial institution to the department."
SECTION 18. Said title is further amended by striking Code Section 19-11-30.11, relating to a fee on levied accounts, and inserting in its place the following:
"19-11-30.11. A financial institution may charge an account levied on by the commissioner of human resources a fee, as determined by the commissioner, of not less than $20.00 nor more than $50.00 which shall be deducted from such account prior to remitting funds to the department. The commissioner of human resources requesting bank or account information under Code Section 19-11-30.2 shall not be liable for costs otherwise assessable pursuant to Code Section 7-1-237."
SECTION 19. This Act shall become effective on July 1, 2002, and Section 5 of this Act shall become effective on January 1, 2003.
SECTION 20. All laws and parts of laws in conflict with this Act are repealed.
Approved May 16,2002.

____________GEORGIA LAWS 2002 SESSION__________1259
PUBLIC OFFICERS AND EMPLOYEES - INDEMNIFICATION OF STATE HIGHWAY EMPLOYEES WITH RESPECT TO DEATH OR PERMANENT DISABILITY; REFERENCES TO "FIREMAN" AND "FIREMEN" AMENDED TO "FIREFIGHTER" AND "FIREFIGHTERS."
Code Sections 8-2-51, 16-10-24, 16-10-30, 17-10-30,20-3-451,20-3-453, 25-4-9, 25-7-2, 31-22-9.1, 34-3-1, 40-1-1, 40-6-2, 42-1-6, 42-5-85, 45-7-9, 45-9-80, 45-9-81, 45-9-82, 45-9-83, 45-9-84.2, 45-9-85, 45-9_86, 45-9-86.2, 45-9-101, 45-9-102, 45-9-103, 45-9-104, 45-9-105, and 45-10-25 Amended.
No. 952 (Senate Bill No. 61).
AN ACT
To amend Chapter 9 of Title 45 of the Official Code of Georgia Annotated, relating to insuring and indemnification of public officers and employees, so as to provide for the indemnification of state highway employees with respect to death or permanent disability; to change certain provisions relating to definitions of terms; to provide for the inclusion of certain persons in the Georgia State Indemnification Commission; to authorize appropriation of funds to the Georgia State Indemnification Fund; to provide for the payment of indemnification to state highway employees; to provide for requirements for applications for indemnification; to change certain definitions; to change provisions relating to payment of temporary disability compensation to certain public safety employees; to amend the Official Code of Georgia Annotated so as to change references to "fireman" to "firefighter" and references to "firemen" to "firefighters"; 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 45 of the Official Code of Georgia Annotated, relating to insuring and indemnification of public officers and employees, is amended by striking Code Section 45-9-80, relating to legislative purpose, and inserting in lieu thereof the following:
"45-9-80. The purpose of this part is to:
(1) Implement the constitutional amendment ratified November 4, 1976, authorizing the General Assembly to provide by law for the indemnification with respect to the death of law enforcement officers, firemen, or prison guards who are killed or have been killed in the line of duty subsequent to January 1, 1973;

1260_____GENERAL ACTS AND RESOLUTIONS, VOL. I_______
(2) Provide by law for the indemnification with respect to the permanent disability of law enforcement officers, firemen, or prison guards who are permanently disabled or have been permanently disabled in the line of duty subsequent to January 1, 1973; (3) Provide by law for the indemnification with respect to the death or permanent disability ofpublicly employed emergency medical technicians who are killed or permanently disabled or who have been killed or permanently disabled in the line of duty subsequent to January 1, 1977; (4) Provide by law for the indemnification with respect to the death or permanent disability of emergency management rescue specialists who are killed or permanently disabled in the line of duty on or after January 1, 1991; and (5) Provide by law for the indemnification with respect to the death or permanent disability of state highway employees who are killed or permanently disabled in the line of duty on or after January 1, 1990."
SECTION 2. Said chapter is further amended by striking in their entirety paragraphs (4) and (5) of Code Section 45-9-81, relating to definitions of terms for purposes of indemnification, and inserting in lieu thereof the following:
"(4)(A) 'Firefighter' or 'fireman' means any person who is employed as a professional firefighter on a full-time basis of at least 40 hours per week by any municipal, county, or state government fire department employing three or more firefighters and who has the responsibility of preventing and suppressing fires, protecting life and property, enforcing municipal, county, and state fire prevention codes, enforcing any law pertaining to the prevention and control of fires or who performs any acts or actions while on duty or when responding to a fire or emergency during any fire or other emergency or while performing duties intended to protect life and property. (B) 'Firefighter' or 'fireman' shall also mean any individual serving as an officially recognized or designated member of a legally organized volunteer fire department who performs any acts or actions while on duty or when responding to a fire or emergency during any fire or other emergency or while performing duties intended to protect life and property. (C) 'Firefighter' or 'fireman' shall also mean any individual employed by a person or corporation which has a contract with a municipal corporation or county to provide fire prevention and fire-fighting services to such municipal corporation or county and any such individual is employed on a full-time basis of at least 40 hours per week and has the responsibility of preventing and suppressing fires, protecting life and property, enforcing municipal or county fire prevention codes, enforcing any municipal or county ordinances pertaining to the prevention and control of fires or who performs any acts or actions while on duty or when responding to a fire or emergency during any fire or other emergency or while performing duties intended to protect life and property.

____________GEORGIA LAWS 2002 SESSION__________1261
(5) 'In the line of duty'means: (A) With respect to an emergency medical technician, while on duty and when responding to or returning from an emergency or performing duties at the scene of an emergency or transporting a person to a medical facility for emergency treatment or returning therefrom; (B) With respect to a firefighter, while on duty and when responding to or returning from a fire or other emergency or performing duties during any fire or other emergency or performing duties intended to protect life and property; (C) With respect to a law enforcement officer or firefighter, while on duty and performing services for and receiving compensation from the law enforcement and fire service agency which employs such officer or firefighter, while off duty when responding to any situation which would save a life or preserve the peace, or while preventing or attempting to prevent the commission of a crime or fire. A law enforcement officer or firefighter who is performing duties for and receiving compensation from a private employer at the time of such officer's or firefighter's death or bodily injury causing permanent disability shall not be considered in the line of duty unless the officer or firefighter has left the scope of his or her employment for the private employer for the direct purpose of enforcing or attempting to enforce fire service, the criminal or traffic laws, preserving or attempting to preserve public order, protecting or attempting to protect life or property, performing active state service as a member of the Georgia National Guard, preventing or attempting to prevent a crime, detecting or attempting to detect crime, or investigating or attempting to investigate crime. The determination that a law enforcement officer or firefighter was killed or permanently disabled in the line of duty and is entitled to indemnification pursuant to this part shall not be considered in the determination of the entitlement of such officer to workers' compensation, disability, health, or other benefits from such officer's or firefighter's public or private employer; (D) With respect to a prison guard, while on duty and performing services for and receiving compensation from the public agency which employs such prison guard; or (E) With respect to a state highway employee, while on duty and performing any work necessary for the construction, maintenance, or operation of a roadway on or within the public roads of the state as defined in paragraph (24) of Code Section 32-1-3 when such employee is killed or permanently disabled as the result of working under hazardous conditions in close proximity to moving traffic or equipment."
SECTION 3. Said chapter is further amended by adding at the end of Code Section 45-9-81, relating to definitions of term for purposes of indemnification, a new paragraph (9) to read as follows:

1262______GENERAL ACTS AND RESOLUTIONS, VOL. I________
"(9) 'State highway employee' means an employee of the Georgia Department of Transportation who receives compensation directly therefrom and regularly engages in duties necessary for the construction, maintenance, or operation of roadways on or within the public roads of this state as defined in paragraph (24) of Code Section 32-1-3."
SECTION 4. Said chapter is further amended by striking Code Section 45-9-82, relating to establishment of an indemnification program, and inserting in lieu thereof the following:
"45-9-82. (a) There is established a program to provide for indemnification with respect to the:
(1) Death of any law enforcement officer, fireman, or prison guard who is or has been killed in the line of duty subsequent to January 1, 1973; (2) Permanent disability of any law enforcement officer, fireman, or prison guard who is or has been permanently disabled in the line of duty subsequent to January 1, 1973; (3) Death or permanent disability of any emergency medical technician who is killed or permanently disabled or who has been killed or permanently disabled in the line of duty subsequent to January 1, 1977; (4) Death or permanent disability of any emergency management rescue specialist who is killed or permanently disabled on or after January 1, 1991; and (5) Death or permanent disability of any state highway employee who is killed or permanently disabled in the line of duty on or after January 1, 1990. (b) Such program shall be administered by the Georgia State Indemnification Commission."
SECTION 5. Said chapter is further amended by striking Code Section 45-9-83, relating to the Georgia State Indemnification Commission, and inserting in lieu thereof the following:
"45-9-83. There is created the Georgia State Indemnification Commission which shall be composed of the Governor, the Secretary of State, the Commissioner of Insurance, the commissioner ofpublic safety, the commissioner oftransportation, the commissioner of corrections, the commissioner of human resources, the president of the Peace Officers' Association of Georgia, and the president of the Georgia State Firemen's Association. The Governor shall be the chairperson of the commission and the commission shall be assigned to the Department of Administrative Services for administrative purposes."

____________GEORGIA LAWS 2002 SESSION__________1263
SECTION 6. Said chapter is further amended by striking Code Section 45-9-84.2, relating to appropriation of funds to the Georgia State Indemnification Fund, and inserting in lieu thereof the following:
"45-9-84.2.
The General Assembly is authorized to appropriate funds to be placed in the Georgia State Indemnification Fund for the purpose of providing for indemnification with respect to the death or disability of any law enforcement officer, fireman, or prison guard who is or has been killed or permanently disabled in the line of duty subsequent to January 1, 1973, the death or disability of any emergency medical technician who is killed or permanently disabled or has been killed or permanently disabled in the line of duty subsequent to January 1, 1977, the death or disability of any emergency management rescue specialist who is killed or permanently disabled on or after January 1, 1991, and the death or disability of any state highway employee who is or has been killed or permanently disabled in the line of duty subsequent to January 1, 1990, as well as defraying the expenses and costs incurred by the commission in the administration of this part. In addition, the Department of Administrative Services is authorized to accept for deposit in the Georgia State Indemnification Fund any other funds from any other source. All funds appropriated to the Georgia State Indemnification Fund shall be presumptively concluded to have been committed to the purpose for which they have been appropriated and shall not lapse."
SECTION 7. Said chapter is further amended by striking Code Section 45-9-85, relating to payment of indemnification for death and disability, and inserting in lieu thereof the following:
"45-9-85.
(a) The indemnification shall be paid by the commission when a law enforcement officer, fireman, emergency medical technician, emergency management rescue specialist, prison guard, or state highway employee who in the line of duty:
(1) Is killed or receives bodily injury which results in death within 12 months thereafter, if such death does not occur from natural causes while performing routine duties which would not be strenuous or dangerous if performed by citizens who are not law enforcement officers, firemen, emergency medical technicians, emergency management rescue specialists, prison guards, or state highway employees, and if such death is not the result of suicide and if such bodily injury is not intentionally self-inflicted; or (2) Is permanently disabled, if the permanent disability does not occur from natural causes while performing routine duties which would not be strenuous or dangerous if performed by citizens who are not law enforcement officers, firemen, emergency medical technicians, emergency management rescue

1264______GENERAL ACTS AND RESOLUTIONS, VOL. I_______
specialists, prison guards, or state highway employees, and if the permanent disability is not intentionally self-inflicted. (b)( 1) Notwithstanding any provision of this part to the contrary, for any compensable claim filed on or after July 1, 2002, payment shall be made as follows:
(A)(i) Except as otherwise provided by division (ii) of this subparagraph, in the case of permanent disability, the eligible disabled person pursuant to this part may elect payment of $75,000.00 in equal installments over a period of five years or a payment in lump sum which shall consist of $75,000.00 reduced to its present value upon the basis of interest calculated at the rate of 6 percent per annum; or (ii) In the case of a state highway employee permanently disabled on or after January 1, 1990, the eligible disabled person pursuant to this article may elect payment of $25,000.00 in equal installments over a period of five years or a payment in lump sum which shall consist of $25,000.00 reduced to its present value upon the basis of interest calculated at the rate of 6 percent per annum; and (B)(i) Except as otherwise provided in division (ii) of this subparagraph, in the case of death, payment shall be made to the estate of a person who is eligible for indemnification under this part as follows: the executor or administrator may elect payment of $75,000.00 in equal installments over a period of five years or a payment in lump sum which shall consist of $75,000.00 reduced to its present value upon the basis of interest calculated at the rate of 6 percent per annum; or (ii) In the case of a state highway employee killed on or after January 1, 1990, payment shall be made to the estate of a person who is eligible for indemnification under this article as follows: the executor or administrator may elect payment of $25,000.00 in equal installments over a period of five years or a payment in lump sum which shall consist of $25,000.00 reduced to its present value upon the basis of interest calculated at the rate of 6 percent per annum. (2) With respect to law enforcement officers, firemen, or prison guards who were killed prior to April 5, 1978, or who were permanently disabled prior to January 1, 1981, and who are entitled to indemnification under this part, payment shall be made in lump sum to the estate, in the case of death, or, in the case of permanent disability, to the person disabled. (3) With respect to emergency medical technicians who were killed or permanently disabled prior to July 1, 1987, and who are entitled to indemnification under this part, payment shall be made in lump sum to the estate, in the case of death, or, in the case of permanent disability, to the person disabled. (c) After determining that a law enforcement officer, fireman, emergency medical technician, emergency management rescue specialist, prison guard, or state highway employee has been killed or permanently disabled in the line of duty and that he or she or his or her estate beneficiary is entitled to

____________GEORGIA LAWS 2002 SESSION_________1265
indemnification under this part, the commission, within ten days after such determination, shall forward a certified copy of the order granting such payment, which order shall include the person to whom such payment shall be made and the method of payment, to the commissioner of administrative services who is authorized to make the appropriate payments from funds appropriated or otherwise made available for the purpose of carrying out this part."
SECTION 8. Said chapter is further amended by striking Code Section 45-9-86, relating to applications for indemnification, and inserting in lieu thereof the following:
"45.9-86.
(a) An application for indemnification with respect to a claim filed on or after July 1, 2002, for permanent disability of a law enforcement officer, fireman, prison guard, emergency medical technician, emergency management rescue specialist, or state highway employee shall be submitted by that person unless the person is mentally incompetent, in which case the application may be made on such person's behalf by the parent, spouse, guardian, or other authorized individual. An application for indemnification with respect to a claim filed on or after July 1, 2002, for the death of a law enforcement officer, fireman, prison guard, emergency medical technician, emergency management rescue specialist, or state highway employee shall be submitted by the individual authorized to administer the estate. (b) An application for indemnification relative to any law enforcement officer, fireman, or prison guard killed in the line of duty subsequent to January 1,1973, and prior to January 1, 1981, must be made prior to January 1, 1982. An application for indemnification relative to any law enforcement officer, fireman, or prison guard killed in the line of duty on and after January 1, 1981, and prior to January 1, 1984, must be made prior to January 1, 1986. An application for indemnification relative to any law enforcement officer, fireman, or prison guard killed in the line of duty on or after January 1, 1984, must be made within 24 months from the death of such law enforcement officer, fireman, or prison guard. (c) An application for indemnification relative to any law enforcement officer, fireman, or prison guard permanently disabled in the line of duty subsequent to January 1, 1973, and prior to January 1, 1979, must be made prior to January 1, 1989. An application for indemnification relative to any law enforcement officer, fireman, or prison guard permanently disabled in the line of duty subsequent to January 1, 1979, and prior to January 1, 1980, must be made prior to January 1, 1982. An application for indemnification relative to any law enforcement officer, fireman, or prison guard permanently disabled in the line of duty on and after January 1, 1980, and prior to January 1, 1984, must be made prior to January 1, 1992. An application for indemnification relative to a permanent disability occurring on or after January 1,1984, must be made within 24 months ofthe date the permanent disability occurred. (d) An application for indemnification with respect to the death or permanent disability of an emergency medical technician who was killed or permanently

1266_____GENERAL ACTS AND RESOLUTIONS, VOL. I_________
disabled subsequent to January 1, 1977, and prior to January 1, 1987, must be made prior to January 1, 1989. An application for indemnification with respect to the death or permanent disability of an emergency medical technician who is killed or permanently disabled in the line of duty on or after January 1, 1987, must be made within 24 months after the date of death or disability. (e) An application for indemnification with respect to the death or permanent disability of an emergency management rescue specialist who is killed or permanently disabled in the line of duty on or after January 1, 1991, must be made within 24 months after the date of the death or disability. (f) An application for indemnification with respect to the death or permanent disability of a member of the Georgia National Guard included in the definition of a law enforcement officer pursuant to paragraph (6) of Code Section 45-9-81 who is killed or permanently disabled in the line of duty while in active state service on or after July 1,1995, must be made within 24 months after the date of the death or disability.
(g)(l) An application for indemnification with respect to the death or permanent disability of a state highway employee who is killed or permanently disabled in the line of duty on or after January 1, 1990, and prior to July 1, 2002, must be made prior to July 1, 2004. (2) An application for indemnification with respect to the death or permanent disability of a state highway employee who is killed or permanently disabled in the line of duty on or after July 1, 2002, must be made within 24 months after the date of the death or disability."
SECTION 9. Said chapter is further amended by striking in its entirety Code Section 45-9-102, relating to definitions applicable to Part 2 of Article 5 of said chapter, with respect to the temporary disability compensation program for certain public safety employees, and inserting in lieu thereof a new Code Section 45-9-102 to read as follows:
"45-9-102.
As used in this part, the term: (1) 'Commission' means the Georgia State Indemnification Commission created in Code Section 45-9-83. (2) Tirefighter' or 'fireman' means any person who is employed as a professional firefighter on a full-time basis by any municipal, county, or state government fire department employing three or more firefighters and who has the responsibility of preventing and suppressing fires, protecting life and property, enforcing municipal, county, and state fire prevention codes, enforcing any law pertaining to the prevention and control of fires or who performs any acts or actions while on duty or when responding to a fire or emergency during any fire or other emergency or while performing duties intended to protect life and property. (3) 'Full-time' means an employee who regularly works 30 hours or more each week.

__________GEORGIA LAWS 2002 SESSION________1267
(4) 'In the line of duty'means: (A) With respect to a firefighter, while on duty and performing duties during any fire or other emergency or performing duties intended to protect life and property; or (B) With respect to a law enforcement officer or firefighter, while on duty and performing services for and receiving compensation from the law enforcement or fire service agency which employs such officer or firefighter, while off duty and responding to any situation which would save a life or preserve the peace, or while preventing or attempting to prevent the commission of a crime or fire. A law enforcement officer or firefighter who is performing duties for and receiving compensation from a private employer at the time of such officer's or firefighter's bodily injury, but not permanent disability, shall not be considered in the line of duty unless the officer or firefighter has left the scope of his or her employment for the private employer for the direct purpose of enforcing or attempting to enforce fire service, the criminal or traffic laws, preserving or attempting to preserve public order, protecting or attempting to protect life or property, preventing or attempting to prevent a crime, detecting or attempting to detect crime, or investigating or attempting to investigate crime. The determination that a law enforcement officer or firefighter was disabled in the line of duty and is entitled to compensation pursuant to this part shall not be considered in the determination of the entitlement of such officer to workers' compensation, disability, health, or other benefits from such officer's or firefighter's public or private employer.
(5) 'Injured in the line of duty' means an injury which arises out of or in the course of employment in the line of duty. Going to or from work shall not be considered in the line of duty. (6) 'Law enforcement officer' means any agent or officer of this state, or a political subdivision or municipality thereof, who, as a full-time employee, is vested either expressly by law or by virtue of public employment or service with authority to enforce the criminal or traffic laws and whose duties include the preservation of public order, the protection of life and property, or the prevention, detection, or investigation of crime. Such term also includes prison guards as defined under Code Section 45-9-81 and the employees designated by the commissioner ofjuvenile justice of the Department of Juvenile Justice pursuant to paragraph (2) of subsection (i) of Code Section 49-4A-8, which employees have the duty to investigate and apprehend delinquent and unruly children who have escaped from a facility under the jurisdiction of the Department of Juvenile Justice or who have broken the conditions of supervision and employees designated and delegated law enforcement powers by the commissioner of motor vehicle safety, which personnel have the duty to enforce the laws relating to motor carriers and the transportation of hazardous materials."

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SECTION 10. Said chapter is further amended by striking in its entirety Code Section 45-9-103, relating to payment of compensation with respect to temporary disability of certain public safety employees, and inserting in lieu thereof a new Code Section 45-9-103 to read as follows:
"45-9-103.
(a) Any law enforcement officer who becomes physically disabled, but not permanently disabled, on or subsequent to July 1,2001, as a result of a physical injury incurred in the line of duty and caused by a willful act of violence committed by a person other than a fellow employee shall be entitled to receive compensation as provided in this Code section. Any firefighter who becomes physically disabled, but not permanently disabled, on or subsequent to July 1, 2001, as a result of a physical injury incurred in the line of duty while fighting a fire shall be entitled to receive compensation as provided in this Code section. The compensation shall be paid to eligible applicants by the commission from funds appropriated to the commission for such purpose. (b) Except as otherwise provided in this part, any law enforcement officer or firefighter injured in the line of duty as provided in subsection (a) of this Code section shall receive monthly compensation from the commission in an amount equal to such person's regular compensation for the period of time that the law enforcement officer or firefighter is physically unable to perform the duties of his or her employment; provided, however, that such benefits provided pursuant to this Code section for injuries resulting from a single incident shall not be granted for more than a total of 12 months. A law enforcement officer or firefighter shall be required to submit to the commission satisfactory evidence of such disability. (c) Benefits made available under this Code section shall be subordinate to any workers' compensation benefits, disability and other compensation benefits from the person's employer which the law enforcement officer or firefighter is awarded and shall be limited to the difference between the amount of workers' compensation benefits and other compensation benefits actually paid and the amount of the law enforcement officer's or firefighter's regular compensation. (d) A law enforcement officer or firefighter who collects benefits pursuant to this Code section shall not be entitled to any benefits under Code Section 45-7-9. (e) A law enforcement officer or firefighter who is disabled and who receives indemnification under Part 1 of this article as a result of an incident shall not be entitled to any compensation under this Code section for the disability resulting from the same incident. A law enforcement officer or firefighter who initially receives benefits under this Code section but who is determined subsequently to be entitled to benefits under Part 1 of this article with respect to the same incident or whose beneficiary is determined subsequently to be entitled to benefits under Part 1 of this article shall be entitled only to the amount equal to the benefits to which the person would be entitled under Part 1 reduced by the total amount of benefits received under this Code section."

____________GEORGIA LAWS 2002 SESSION__________1269
SECTION 11. The Official Code of Georgia Annotated is amended by striking from the following Code sections the terms "fireman" and "firemen" wherever the same shall occur and inserting in lieu thereof, respectively, the terms "firefighter" and "firefighters":
(1) Code Section 8-2-51, relating to inspection of buildings and notifying owners regarding noncompliance with requirements relating to fire escapes; (2) Code Section 16-10-24, relating to the offense of hindering certain public safety employees; (3) Code Section 16-10-30, relating to the offense of refusal to obey official request at fire or other emergency; (4) Code Section 17-10-30, relating to procedure for imposition of death penalty generally; (5) Code Section 20-3-451, relating to definitions applicable under Subpart 7 of Part 3 of Article 7 of Chapter 3 of Title 20, relating to grants to children of law enforcement officers, firefighters, and prison guards; (6) Code Section 20-3-453, relating to eligibility for grants to children of law enforcement officers, firefighters, and prison guards; (7) Code Section 25-4-9, relating to completion of basic firefighter training course and establishment of requirements for course; (8) Code Section 25-7-2, relating to the creation ofthe Georgia Fire Academy; (9) Code Section 31 -22-9.1, relating to HIV tests and who may perform tests; (10) Code Section 34-3-1, relating to the hours of labor in cotton or woolen manufacturing establishments; (11) Code Section 40-1-1, relating to definitions applicable to Title 40; (12) Code Section 40-6-2, relating to obedience to authorized persons directing traffic; (13) Code Section 42-1-6, relating to injury or contact by inmate presenting possible threat of transmission of communicable disease; (14) Code Section 42-5-85, relating to leave privileges of inmates serving murder sentences; (15) Code Section 45-7-9, relating to compensation for line-of-duty injuries of full-time state employees; (16) Code Section 45-9-82, relating to establishment of indemnification program for certain public safety employees; (17) Code Section 45-9-84.2, relating to the Georgia State Indemnification Fund and authorization for appropriation of moneys to the fund; (18) Code Section 45-9-85, relating to payment of indemnification for death or disability generally of certain public safety employees; (19) Code Section 45-9-86, relating to application for indemnification with respect to certain public safety employees; (20) Code Section 45-9-86.2, relating to time limitation on applications for indemnification with respect to certain public safety employees permanently disabled due to organic brain damage;

1270_____GENERAL ACTS AND RESOLUTIONS, VOL. I________
(21) Code Section 45-9-101, relating to the purpose of Part 2 of Article 5 of Chapter 9 ofTitle 45 with respect to payment ofcompensation to certain public safety employees for temporary disability; (22) Code Section 45-9-104, relating to submission of application for payment of compensation to certain public safety employees for temporary disability; (23) Code Section 45-9-105, relating to effect of penal violations with respect to payment of compensation to certain public safety employees for temporary disability; and (24) Code Section 45-10-25, relating to exceptions to prohibitions on transactions with state agencies.
SECTION 12. This Act shall become effective on July 1, 2002.
SECTION 13. All laws and parts of laws in conflict with this Act are repealed.
Approved May 16, 2002.
HIGHWAYS, BRIDGES, AND FERRIES SECURING LOADS ON VEHICLES; UNGINNED COTTON.
Code Sections 32-6-21 and 40-6-254 Amended.
No. 953 (House Bill No. 960).
AN ACT
To amend Article 2 of Chapter 6 of Title 32 of the Official Code of Georgia Annotated, relating to dimensions and weights of vehicles and loads, so as to change certain provisions relating to securing loads on vehicles; to amend Article 11 of Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to miscellaneous provisions of uniform rules of the road, so as to change certain provisions relating to operating vehicle without adequately securing load; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Article 2 of Chapter 6 of Title 32 of the Official Code of Georgia Annotated, relating to dimensions and weights of vehicles and loads, is amended by striking

____________GEORGIA LAWS 2002 SESSION__________1271
Code Section 32-6-21, relating to securing loads on vehicles, and inserting in lieu thereof the following:
"32-6-21. (a) No vehicle shall be driven or moved on any public road unless such vehicle is constructed or loaded or covered so as to prevent any of its load from dropping, escaping, or shifting in such a manner as to create a safety hazard. However, this Code section shall not prohibit the necessary spreading of any substance in public road maintenance or construction operations. (b) No person shall operate or load for operation, on any public road, any vehicle with any load unless such load and any covering thereon is securely fastened so as to prevent said covering or load from becoming loose, detached, or in any manner becoming a hazard to other users of the public road. (c) Nothing in this Code section nor any regulations based thereon shall conflict with federal, Georgia Public Service Commission, or Georgia Board of Public Safety regulations applying to the securing of loads on motor vehicles. (d) The provisions of subsection (b) of this Code section and regulations based thereon shall not apply to vehicles carrying silage from field to storage and storage to feedlot or vehicles or equipment carrying unginned cotton."
SECTION 2. Article 11 of Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to miscellaneous provisions of uniform rules of the road, is amended by striking Code Section 40-6-254, relating to operating vehicle without adequately securing load, and inserting in lieu thereof the following:
"40-6-254. No person shall operate any motor vehicle with a load on or in such vehicle unless the load on or in such vehicle is adequately secured to prevent the dropping or shifting of such load onto the roadway in such a manner as to create a safety hazard. Any person who operates a vehicle in violation of this Code section shall be guilty of a misdemeanor."
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.
Approved May 16, 2002.

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CONSERVATION AND NATURAL RESOURCES - PUBLIC WATER SYSTEM; OWNERS AND OPERATORS OF RESIDENTIAL BUILDINGS WHO ALLOCATE WATER AMONG TENANTS.
Code Section 12-5-180.1 Amended.
No. 954 (Senate Bill No. 357).
AN ACT
To amend Code Section 12-5-180.1 of the Official Code of Georgia Annotated, relating to the allocation of water and waste-water usage among tenants and charging tenants for usage, so as to provide that the owner of a building who allocates water to tenants may be considered the owner of a public water system; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Code Section 12-5-180.1 ofthe Official Code of Georgia Annotated, relating to the allocation of water and waste-water usage among tenants and charging tenants for usage, is amended by striking in its entirety subsection (a) and inserting in lieu thereof the following:
"(a) The owner or operator of a building containing residential units may install equipment or use an economic allocation methodology to determine the quantity of water that is provided to the tenants and used in the common areas of such a building; and the owner of such a building may charge tenants separately for water and waste-water service based on usage as determined through the use of such equipment or allocation methodology."
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.
Approved May 16, 2002.

____________GEORGIA LAWS 2002 SESSION__________1273
PROFESSIONS AND BUSINESSES - ORTHOTICS AND PROSTHETICS PRACTICE ACT.
Code Title 43, Chapter 34, Article 7 Enacted.
No. 955 (House Bill No. 828).
AN ACT
To amend Chapter 34 of Title 43 of the Official Code of Georgia Annotated, relating to physicians, physician's assistants, and respiratory care, so as to provide for the licensing of the practice of orthotics and prosthetics; to provide for a short title; to provide for legislative intent; to provide for definitions; to prohibit the practice of orthotics and prosthetics except by certain licensed persons; to provide for exceptions; to provide for licensing standards; to provide for examinations and fees; to provide for assistants and technicians; to provide for transitional authorization to practice; to provide for penalties; to limit the provision of services; to provide for license renewal and restoration; to provide for continuing education; to provide for sanctions for certain conduct and actions; to provide for an advisory committee; to provide for effective dates; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Chapter 34 of Title 43 of the Official Code of Georgia Annotated, relating to physicians, physician s assistants, and respiratory care, is amended by inserting a new article to read as follows:
"ARTICLE 7
43-34-60. This article shall be known and may be cited as the 'Orthotics and Prosthetics Practice Act.'
43-34-61. The General Assembly finds that the practice of orthotics and prosthetics in this state is an allied health profession recognized by the American Medical Association, with educational standards established by the Commission on Accreditation of Allied Health Education Programs. The increasing population ofelderly and physically challenged individuals who need orthotic and prosthetic services requires that the orthotic and prosthetic professions be regulated to ensure the provision of high-quality services and devices. The people of this state deserve the best care available and will benefit from the assurance of initial and ongoing professional competence ofthe orthotists and prosthetists practicing

1274_____GENERAL ACTS AND RESOLUTIONS, VOL. I________
in this state. The practice of orthotics and prosthetics serves to improve and enhance the lives of individuals with disabilities by enabling them to resume productive lives following serious illness, injury, or trauma. Unregulated dispensing of orthotic and prosthetic care does not adequately meet the needs or serve the interests of the public. In keeping with requirements imposed on similar health disciplines, licensure ofthe orthotic and prosthetic professions will help ensure the health and safety of consumers, as well as maximize their functional abilities and productivity levels. This article shall be liberally construed to best carry out these subjects and purposes.
43-34-62. As used in this article, the term:
(1) 'Assistant' means a person who assists an orthotist, prosthetist, or prosthetist orthotist with patient care services and fabrication of orthoses or prostheses under the supervision of a licensed orthotist or prosthetist. (2) 'Board' means the Composite Board of State Medical Examiners created by Code Section 43-34-21. (3) 'Custom fabricated and fitted device' means that an orthosis or prosthesis is fabricated to original measurements or a mold, or both, for use by a patient in accordance with a prescription and which requires substantial clinical and technical judgment in its design and fitting. (4) 'Custom fitted device' means a prefabricated orthosis or prosthesis sized, or modified, or both, for use by a patient in accordance with a prescription and which requires substantial clinical judgment and substantive alteration for appropriate use. (5) 'Facility' means the business location where orthotic or prosthetic care is provided and has the appropriate clinical and laboratory space and equipment to provide comprehensive orthotic or prosthetic care. Licensed orthotists and prosthetists must be available to either provide care or supervise the provision of care by nonlicensed staff. (6) 'Level of competence' means a hierarchical position that an individual occupies within a field or profession relative to other practitioners in the profession. (7) 'Licensed orthotist' means a person licensed under this article to practice orthotics and who represents himself or herself to the public by title and description of services that includes the term 'orthotic,' 'orthotist,' 'brace,' or a similar title or description of services. (8) 'Licensed physician' means a person licensed to practice medicine under Article 2 of this chapter. (9) 'Licensed podiatrist' means a person licensed to practice podiatry under Chapter 35 of this title, the 'Georgia Podiatry Practice Act.' (10) 'Licensed prosthetist' means a person licensed under this article to practice prosthetics and who represents himself or herself to the public by title and description of services that includes the term 'prosthetic,' 'prosthetist,1 'artificial limb,' or a similar title or description of services.

__________GEORGIA LAWS 2002 SESSION__________1275
(11) 'Off-the-shelf device' means a prefabricated prosthesis or orthosis sized or modified, or both, for use by a patient in accordance with a prescription and which does not require substantial clinical judgment and substantive alteration for appropriate use. (12) 'Orthosis' means a custom designed, fabricated, fitted, modified, or fitted and modified device to correct, support, or compensate for a neuromusculoskeletal disorder or acquired condition. Orthosis does not include fabric or elastic supports, corsets, arch supports, low-temperature plastic splints, trusses, elastic hoses, canes, crutches, soft cervical collars, dental appliances, or other similar devices that are carried in stock and sold as over-the-counter items by a drug store, department store, corset shop, or surgical supply facility. (13) 'Orthotic and prosthetic education program' means a course of instruction accredited by the Commission on Accreditation of Allied Health Education Programs consisting of:
(A) A basic curriculum of college level instruction in math, physics, biology, chemistry, and psychology; and (B) A specific curriculum in orthotic or prosthetic courses, including:
(i) Lectures covering pertinent anatomy, biomechanics, pathomechanics, prosthetic or orthotic components and materials, training and functional capabilities, prosthetic or orthotic performance evaluation, prescription considerations, etiology of amputations and disease processes necessitating prosthetic or orthotic use, and medical management; (ii) Subject matter related to pediatric and geriatric problems; (iii) Instruction in acute care techniques, such as immediate and early postsurgical prosthetics and fracture bracing techniques; and (iv) Lectures, demonstrations, and laboratory experiences related to the entire process of measuring, casting, fitting, fabricating, aligning, and completing prostheses or orthoses. (14) 'Orthotic and prosthetic scope of practice' means a list that includes the role played by an occupant of a particular level of competence, what he or she can be expected to do and not to do, and his or her relation to others in the field. These should be based on nationally accepted standards of orthotic and prosthetic certifying agencies with accreditation by the National Commission for Certifying Agencies. (15) 'Orthotics' means the science and practice of evaluating, measuring, designing, fabricating, assembling, fitting, adjusting, or servicing an orthosis under an order from a licensed physician or podiatrist for the correction or alleviation of neuromuscular or musculoskeletal dysfunction, disease, injury, or deformity. (16) 'Orthotist' means an allied health professional who is specifically trained and educated to provide or manage the provision of a custom designed, fabricated, or modified and fitted external orthosis to an orthotic patient based on a clinical assessment and a physician's or podiatrist's prescription, to

1276_____GENERAL ACTS AND RESOLUTIONS, VOL. I________
restore physiological function or cosmesis or both and represents himself or herself to the public by such title as providing orthotic services. (17) 'Over-the-counter device' means a prefabricated, mass produced device that is prepackaged and requires no professional advice or judgment in either size selection or use and incluses fabric or elastic supports, corsets, generic arch supports, and elastic hoses. (18) 'Person' means a natural person. (19) 'Prosthesis' means a custom designed, fabricated, fitted, modified, or fitted and modified device to replace an absent external limb for purposes of restoring physiological function or cosmesis or both. Prosthesis does not include artificial eyes, ears, fingers or toes, dental appliances, cosmetic devices such as artificial breasts, eyelashes, or wigs, or other devices that do not have a significant impact on the musculoskeletal functions of the body. (20) 'Prosthetics' means the science and practice of evaluating, measuring, designing, fabricating, assembling, fitting, adjusting, or servicing a prosthesis under an order from a licensed physician or podiatrist. (21) Trosthetist' means an allied health professional who is specifically trained and educated to provide or manage the provision of a custom designed, fabricated, modified, and fitted external limb prosthesis to a prosthetic patient based on a clinical assessment and a physician's or podiatrist's prescription, to restore physiological function or cosmesis or both and represents himself or herself to the public by such title as providing prosthetic services. (22) Trosthetist orthotist' means a person who practices both disciplines of prosthetics and orthotics and who represents himselfor herselfto the public by such title as providing prosthetic and orthotic services. (23) 'Resident' means a person who has completed an education program in either orthotics or prosthetics and is continuing his or her clinical education in a residency accredited by the National Commission on Orthotic and Prosthetic Education. (24) 'Technician' means a person who assists an orthotist, prosthetist, or prosthetist orthotist with fabrication of orthoses or prostheses but does not provide direct patient care.
43-34-63. This article shall not be construed to prohibit:
(1) A licensed physician from engaging in the practice for which he or she is licensed; (2) A person licensed in this state under any other law from engaging in the practice for which he or she is licensed; (3) The practice of orthotics or prosthetics by a person who is employed by the federal government or any bureau, division, or agency of the federal government while in the discharge of the employee's official duties; (4) The practice of orthotics or prosthetics by:
(A) A student enrolled in a school of orthotics or prosthetics; or

___________GEORGIA LAWS 2002 SESSION__________1277
(B) A resident continuing his or her clinical education in a residency accredited by the National Commission on Orthotic and Prosthetic Education; (5) The practice of orthotics or prosthetics by a person who is an orthotist or prosthetist licensed under the laws of another state or territory of the United States or another country and has applied in writing to the board, in a form and substance satisfactory to the board, for a license as an orthotist or prosthetist and who is qualified to receive the license until: (A) The expiration of six months after the filing of the written application; (B) The withdrawal of the application; or (C) The denial of the application by the board; (6) A person licensed by this state as a physical therapist or occupational therapist from engaging in his or her profession; (7) A licensed podiatrist from engaging in his or her profession; (8) A licensed athletic trainer from engaging in his or her profession; (9) A registered pharmacist from engaging in the practice by which he or she is registered; (10) Any person licensed under any other article ofthis chapter from engaging in the practice for which he or she is licensed; (11) The measuring, molding, or fitting of knee braces by any person; or (12) Employees or authorized representatives ofan orthotic manufacturer from engaging in one or more of the following: evaluating, adjusting, measuring, designing, fabricating, assembling, fitting, servicing, training, repairing, replacing, or delivering an orthotic device under the order, direction, or prescription of a physician or health provider operating within his or her licensed scope of practice.
43-34-64. An application for an original license shall be made to the board on a form prescribed thereby and shall be accompanied by the required fee, which shall not be refundable. An application shall require information that in the judgment of the board will enable it to determine the qualifications of the applicant for a license.
43-34-65. (a) To qualify for a license to practice orthotics or prosthetics, a person shall:
(1)(A) Possess a baccalaureate degree from a college or university; (B) Have completed the amount of formal training, including, but not limited to, any hours of classroom education and clinical practice established and approved by the board; and (C) Complete a clinical residency in the professional area for which a license is sought in accordance with standards, guidelines, or procedures for residencies inside or outside this state established and approved by the board. The majority oftraining must be devoted to services performed in the discipline for which the license will be sought and under the supervision of

1278_____GENERAL ACTS AND RESOLUTIONS, VOL. I______
a practitioner licensed in orthotics or prosthetics or a person certified as an orthotist, prosthetist, or prosthetist orthotist provided the certification was obtained before the date this article becomes effective; or (2)(A) Possess an associates degree from a college or university with specific courses ofstudy in human anatomy, physiology, physics, chemistry, biology; and (B) Have completed at least five years of continued work experience performed in the discipline for which the license will be sought under the supervision of a practitioner licensed in such discipline or certified in such discipline by an agency accredited by the National Commission for Certifying Agencies; (3) Pass all written, practical, and oral examinations that are required and approved by the board; (4) Be qualified to practice in accordance with nationally accepted standards of orthotic and prosthetic care; and (5) Have met such other requirements as may be prescribed by the board. (b) The standards and requirements for licensure established by the board shall be substantially equal to or in excess of standards commonly accepted in the profession of orthotics or prosthetics. The board shall adopt rules as necessary to set the standards and requirements. (c) A person may be licensed in more than one discipline.
43-34-66. The board, in consultation with the advisory committee, shall have the power and responsibility to:
(1) Determine the qualifications and fitness of applicants for licensure and renewal of licensure; (2) Adopt and revise rules consistent with the laws of this state that are necessary to conduct its business, carry out its duties, and administer this article; (3) Examine for, approve, issue, deny, revoke, suspend, sanction, and renew the licenses of board applicants for licensure as licensed orthotists and prosthetists and provisional licensed orthotists and prosthetists under this article and conduct hearings in connection with these actions; (4) Conduct hearings on complaints concerning violations of this article and the rules adopted under this article and cause the prosecution and enjoinder of the violations; (5) Establish application, examination, and licensure fees; (6) Request and receive the assistance of state educational institutions or other state agencies and prepare information of consumer interest describing the regulatory functions of the board and the procedures by which consumer complaints are filed with and resolved by the board. The board shall make the information available to the public and appropriate state agencies; and (7) Establish education, examination, and continuing education requirements.

____________GEORGIA LAWS 2002 SESSION__________1279
43-34-67. (a) No person shall work as an assistant to an orthotist, prosthetist, or prosthetist orthotist and provide patient care services or fabrication oforthoses or prostheses unless he or she is doing the work under the supervision of a licensed orthotist, prosthetist, or prosthetist orthotist. (b) No person shall work as a technician unless the work is performed under the supervision of a person licensed under this article.
43-34-68.
(a) Until one year after the date this article becomes effective, a person certified as an Orthotist, Prosthetist, or Prosthetist Orthotist by the American Board for Certification in Orthotics and Prosthetics, Incorporated or the Board of Othortist/Prothetist Certification or holding similar certifications from other accrediting bodies with equivalent educational requirements and examination standards, may apply for and may be granted orthotic or prosthetic licensure under this article upon payment ofthe required fee. After that date, any applicant for licensure as an orthotist or a prosthetist shall meet the requirements of subsection (a) of Code Section 43-34-65. (b) On and after one year after the date this article becomes effective, no person shall practice orthotics or prosthetics in this state and hold himself or herself out as being able to practice such professions unless he or she is licensed in accordance with this article or is exempt from such licensing. A person who violates this subsection shall, upon conviction thereof, be guilty of a misdemeanor. (c) Within 60 days after the date this article becomes effective, a person who has practiced full time for a minimum of the past seven years in this state in a prosthetic orthotic facility as an orthotist or prosthetist may file with the board an application and the license fee determined by the board in order to continue to practice orthotics or prosthetics without satisfaction of the examination and education requirements. The board shall investigate the work history, qualifications, and fitness of the applicant. The investigation may include, but not be limited to, completion by the applicant of a questionnaire regarding the applicant's work history and scope of practice. The board shall complete its investigation for purposes of this Code section within six months of receipt of a fully completed application. If, after receipt of the application fee, a fully completed application, and the completion of the investigation, the board determines that the applicant satisfied the work history requirements ofthis Code section and met all other qualifications for licensure, except the examination and education requirements, the board shall issue a license to practice orthotics or prosthetics. A license issued to a person under this subsection shall not be renewed without compliance with the requirements of Code Section 43-34-65.
43-34-69.
A licensed orthotist may provide care or services only if the care or services are provided pursuant to an order from a licensed physician or podiatrist. A licensed

J280_____GENERAL ACTS AND RESOLUTIONS, VOL. I________
prosthetist may provide care or services only if the care or services are provided pursuant to an order from a licensed physician or podiatrist.
43-34-70. (a) The expiration date and renewal period for each license issued under this article shall be set by the board. A license shall be valid for a period of up to two years and shall be renewed biennially as provided by rule of the board. The board shall establish continuing education requirements for the renewal of a license. These requirements shall be based on established standards of competence in the field of orthotics or prosthetics. (b) A person who has permitted his or her license to expire or who has had his or her license on inactive status may have his or her license restored by:
(1) Making application to the board; (2) Filing proof acceptable to the board of his or her fitness to have his or her license restored including, but not limited to, sworn evidence certifying to active practice in another jurisdiction satisfactory to the board, and (3) Paying the required restoration fee. If the person has not maintained an active practice in another jurisdiction satisfactory to the board, the board shall determine, by an evaluation program established by rule, such person's fitness to resume active status and may require the person to complete a period of evaluated clinical experience and successful completion of an examination. (c) A person whose license expired while he or she was: (1) In federal service on active duty within the armed forces of the United States or with the state militia and called into service or training; or (2) In training or education under the supervision of the United States preliminary to induction into military service may have his or her license renewed or restored without paying a lapsed renewal fee if, within two years after termination from the service, training, or education except under conditions other than honorable, he or she furnished the board with satisfactory evidence that he or she has been so engaged and that his or her service, training, or education has been terminated.
43-34-71. A person who notifies the board on forms prescribed thereby may elect to place his or her license on an inactive status and shall, subject to rules of the board, be excused from payment of renewal fees until he or she notifies the board of his or her desire to resume active status. A person requesting restoration from inactive status shall be required to pay the current renewal fee and shall be required to restore his or her license as provided in Code Section 43-34-70. An orthotist or prosthetist whose license is on inactive status shall not practice orthotics or prosthetics in this state.

____________GEORGIA LAWS 2002 SESSION__________1281
43-34-72. The board may, at its discretion, license as an orthotist or prosthetist, without examination and on payment of the required fee, an applicant who is an orthotist or prosthetist and is:
(1) Licensed under the laws of another state, territory, or country, if the requirements for licensure in that state, territory, or country in which the applicant is licensed were, at the date of his or her licensure, equal to or more stringent than the requirements in force in this state on that date; or (2) Certified as an orthotist or prosthetist by a national certifying organization that is accredited by the National Commission for Certifying Agencies and has educational and testing standards equal to or more stringent than the licensing requirements of this state.
43-34-73. (a) The board, in consultation with the advisory committee, may:
(1) Refuse to grant or renew a license to an applicant; (2) Administer a public or private reprimand, but a private reprimand shall not be disclosed to any person except the licensee; (3) Suspend any license for a definite period or for an indefinite period in connection with any condition which may be attached to the restoration of said license; (4) Limit or restrict any license as the board deems necessary for the protection of the public; (5) Revoke any license; (6) Levy a fine; and (7) Condition any penalty or withhold formal disposition of any matter pending the applicant's or licensee's submission to such care, counseling, or treatment as the board may direct. (b) The board may take any action specified in subsection (a) of this Code section upon a finding by the board that the licensee or applicant has: (1) Failed to demonstrate the qualifications or standards for licensure contained in this article, or under the laws, rules, or regulations under which licensure is sought or held; it shall be incumbent upon the applicant to demonstrate to the satisfaction of the board that he or she meets all the requirements for issuance of a license, and, if the board is not satisfied as to the applicant's qualifications, it may deny a license without a prior hearing; provided, however, that the applicant shall be allowed to appear before the board if he or she so desires; (2) Knowingly made misleading, deceptive, untrue, or fraudulent representations in the practice of a business or profession licensed under this title or on any document connected therewith, practiced fraud or deceit or intentionally made any false statement in obtaining certification to practice a licensed business or profession, or made a false statement or deceptive registration with the board;

1282_____GENERAL ACTS AND RESOLUTIONS, VOL. I_______
(3) Been convicted of any felony or of any crime involving moral turpitude in the courts of this state or any other state, territory, or country or in the courts of the United States. As used in this paragraph and paragraph (4) of this subsection, the term 'felony' shall include any offense which, if committed in this state, would be deemed a felony, without regard to its designation elsewhere; and, as used in this paragraph, the term 'conviction' shall include a finding or verdict of guilty or a plea of guilty, regardless of whether an appeal of the conviction has been sought; (4) Been arrested, charged, and sentenced for the commission of any felony or any crime involving moral turpitude where:
(A) A plea of nolo contendere was entered to the charge; (B) First offender treatment without adjudication of guilt pursuant to the charge was granted; or (C) An adjudication or sentence was otherwise withheld or not entered on the charge. The plea of nolo contendere or the order entered pursuant to the provisions of Article 3 of Chapter 8 of Title 42, relating to probation of first offenders, or other first offender treatment shall be conclusive evidence of arrest and sentencing for such crime; (5) Had his or her license under this article revoked, suspended, or annulled by any lawful authority other than the board; or had other disciplinary action taken against him or her by any such lawful authority other than the board; or was refused the renewal of a license by any such lawful authority other than the board, pursuant to disciplinary proceedings; (6) Engaged in any unprofessional, immoral, unethical, deceptive, or deleterious conduct or practice harmful to the public, which conduct or practice materially affects the fitness of the licensee or applicant to practice a business or profession licensed under this article, or of a nature likely to jeopardize the interest of the public, which conduct or practice need not have resulted in actual injury to any person or be directly related to the practice of the licensed business or profession but shows that the licensee or applicant has committed any act or omission which is indicative of bad moral character or untrustworthiness. Unprofessional conduct shall include any departure from, or the failure to conform to, the minimal standards of acceptable and prevailing practice of the business or profession licensed under this article; (7) Knowingly performed any act which in any way aids, assists, procures, advises, or encourages any unlicensed person or any licensee whose license has been suspended or revoked by the board to engage in any practice outside the scope of any disciplinary limitation placed upon the licensee by the board; (8) Violated, without regard to whether the violation is criminally punishable, a statute, law, or any rule or regulation of this state, any other state, the professional licensing board regulating the business or profession licensed under this title, the United States, or any other lawful authority, which statute, law, or rule or regulation relates to or in part regulates the practice of a business or profession licensed under this article, when the licensee or

____________GEORGIA LAWS 2002 SESSION__________1283
applicant knows or should know that such action is violative of such statute, law, or rule; or violated a lawful order of the board previously entered by the board in a disciplinary hearing, consent decree, or license reinstatement; (9) Been adjudged mentally incompetent by a court of competent jurisdiction inside or outside this state. Any such adjudication shall automatically suspend the license of any such person and shall prevent the reissuance of renewal of any license so suspended for as long as the adjudication of incompetence is in effect; or (10) Displayed any inability to practice a business or profession licensed under this article with reasonable skill and safety to the public or has become unable to practice the licensed business or profession with reasonable skill and safety to the public by reason of illness or use of alcohol, drugs, narcotics, chemicals, or any other type of material.
43-34-74. The board shall appoint the advisory committee. The advisory committee shall be representative of a cross section of the cultural backgrounds of the licensed orthotists and prosthetists licensed under this article and such members as the board in its discretion may determine. Members shall receive no compensation for service on the committee. The committee shall have such advisory duties and responsibilities as the board may determine. The initial members of the advisory committee may include persons eligible for licensing under this article. Subsequent advisory committee members must be licensed pursuant to this article."
SECTION 2. (a)(l) For purposes of promulgating rules and regulations, Section 1 of this Act shall become effective on July 1 of the fiscal year in which this Act becomes effective as provided by paragraph (3) of this subsection. (2) For all other purposes, Section 1 of this Act shall become effective July 1 of the fiscal year following the year in which this Act becomes effective as provided by paragraph (3) of this subsection. (3) Section 1 of this Act shall become effective only upon the specific appropriation of funds for purposes of said section of this Act, including without limitation those positions necessary for implementation, as expressed in an appropriations Act enacted by the General Assembly. (b) All sections of this Act other than Section 1 shall become effective July 1, 2002.
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.
Approved May 16, 2002.

1284_____GENERAL ACTS AND RESOLUTIONS, VOL. I________
CRIMES AND OFFENSES - GEORGIA'S HOMELAND DEFENSE ACT.
Code Section 16-14-3 Amended. Code Section 16-4-9 Enacted.
No. 956 (Senate Bill No. 320).
AN ACT
To enact "Georgia's Homeland Defense Act"; to enact and revise provisions of law to guard against, deter, and punish acts of domestic terrorism and related offenses and to provide law enforcement investigatory tools for such purposes; to amend Title 16 ofthe Official Code of Georgia Annotated, relating to crimes and offenses, so as to define the activity of domestic terrorism; to define, prohibit, and punish domestic terrorism; to provide that the commission of murder in the course of domestic terrorism shall be an aggravating circumstance for purposes of application of the death penalty; to provide that domestic terrorism activities shall be subject to the "Georgia RICO (Racketeer Influenced and Corrupt Organizations) Act"; to provide for other 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 "Georgia's Homeland Defense Act."
SECTION 2. Title 16 of the Official Code of Georgia Annotated, relating to crimes and offenses, is amended by inserting after Code Section 16-4-9 a new Code Section 16-4-10 to read as follows:
"16-4-10. (a) As used in this Code section, 'domestic terrorism' means any violation of, or attempt to violate, the laws of this state or of the United States which:
(1) Is intended or reasonably likely to injure or kill not less than ten individuals as part of a single unlawful act or a series of unlawful acts which are interrelated by distinguishing characteristics; and
(2)(A) Is intended to intimidate the civilian population of this state, any of its political subdivisions, or of the United States; (B) Is intended to alter, change, or coerce the policy of the government of this state or any of its political subdivisions by intimidation or coercion; or (C) Is intended to affect the conduct of the government of this state or any of its political subdivisions by use of destructive devices, assassination, or kidnapping.

__________GEORGIA LAWS 2002 SESSION__________1285
(b) Notwithstanding any other provision of law, any person who commits, attempts to commit, conspires to commit, or solicits, coerces, or intimidates another to commit a violation of the laws of this state or of the United States for the purpose of domestic terrorism shall, except in cases for which the death penalty may be imposed and the state has served notice of its intention to seek the death penalty, be sentenced to the maximum term of imprisonment and a fine not to exceed the amount prescribed by Code Section 17-10-8, which penalty shall not be suspended, stayed, probated, or withheld. (c) In addition to any other provision of law, evidence that a person committed an offense for which the death penalty may be imposed under the laws of this state for the purpose of domestic terrorism shall be admissible during the sentencing phase as a statutory aggravating circumstance. It shall be the duty of the judge to consider, or to instruct the jury to consider, in addition to the statutory aggravating circumstances provided in Code Section 17-10-30, that the offense was committed for the purpose of domestic terrorism."
SECTION 3. Said Title 16 is further amended by striking paragraph (8) ofCode Section 16-14-3, relating to definitions applicable to the "Georgia RICO (Racketeer Influenced and Corrupt Organizations) Act," and inserting in its place a new paragraph to read as follows:
"(8) 'Pattern of racketeering activity' means: (A) 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; or (B) Engaging in any one or more acts of domestic terrorism as described in subsection (a) of Code Section 16-4-10 or any criminal attempt, criminal solicitation, or criminal conspiracy related thereto."
SECTION 4. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. The provisions of this Act defining, redefining, or changing the punishment for crimes shall apply with respect to acts committed on or after that effective date; and in these respects prior law shall continue to apply with respect to acts committed prior to that effective date.
SECTION 5. All laws and parts of laws in conflict with this Act are repealed.
Approved May 16, 2002.

1286_____GENERAL ACTS AND RESOLUTIONS, VOL. I______
CRIMES AND OFFENSES - FORFEITURE OF REAL PROPERTY; DISTRIBUTION; LAND BANK AUTHORITIES.
Code Sections 16-13-49 and 48-4-61 Amended.
No. 957 (House Bill No. 783).
AN ACT
To amend Code Section 16-13-49 of the Official Code of Georgia Annotated, relating to the forfeiture of certain contraband, so as to provide for the distribution of certain real property so forfeited; to amend Code Section 48-4-61 of the Official Code of Georgia Annotated, relating to land bank authorities, so as to authorize the acquisition of certain forfeited real property; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Code Section 16-13-49 of the Official Code of Georgia Annotated, relating to the forfeiture of certain contraband, is amended by striking in its entirety paragraph (2) of subsection (u) and inserting in lieu thereof the following:
"(2) When property, other than money or real property, is forfeited under this article, the court may:
(A) Order the property to be sold, with the proceeds of the sale to be distributed as provided in paragraph (4) of this subsection; or (B) Provide for the in-kind distribution of the property as provided for in paragraph (4) of this subsection. (2.1) When real property is forfeited, the court may order that: (A) The real property be turned over to the state; (B) The appropriate political subdivision take charge of the property and:
(i) Sell the property with such conditions as the court deems proper, and distribute the proceeds in such manner as the court so orders; or (ii) Hold the property for use by one or more law enforcement agencies; (C) The real property be turned over to an appropriate political subdivision without restrictions; (D) The real property be deeded to a land bank authority as provided in Article 4 of Chapter 4 of Title 48; or (E) The real property be disposed of in such other manner as the court deems proper."

____________GEORGIA LAWS 2002 SESSION__________1287
SECTION 2. Code Section 48-4-61 of the Official Code of Georgia Annotated, relating to land bank authorities, is amended by striking in their entirety subsections (b) and (c) and inserting in lieu thereof the following:
"(b) The authority shall be a public body corporate and politic with the power to sue and be sued, to accept and issue deeds in its name, including without limitation the acceptance of real property in accordance with the provisions of paragraph (2.1) of subsection (u) of Code Section 16-13-49, and to institute quia timet actions and shall have any other powers necessary and incidental to carry out the powers granted by this article. (c) The authority shall be established to acquire the tax delinquent properties of the parties and any property deeded to it pursuant to paragraph (2.1) of subsection (u) of Code Section 16-13-49 in order to foster the public purpose of returning land which is in a nonrevenue-generating, nontax-producing status to an effective utilization status or of returning real property forfeited pursuant to Code Section 16-13-49 to such status in order to provide housing, new industry, and jobs for the citizens of the county. The authority shall have the powers provided in this article and those necessary and incidental to the exercise of such powers."
SECTION 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 4. All laws and parts of laws in conflict with this Act are repealed.
Approved May 16, 2002.

1288______GENERAL ACTS AND RESOLUTIONS, VOL. I________
RETIREMENT AND PENSIONS - EMPLOYEES' RETIREMENT SYSTEM OF GEORGIA; CERTAIN RETIRED OFFICERS OF UNIFORM DIVISION
OF DEPARTMENT OF PUBLIC SAFETY AUTHORIZED TO RETURN TO SERVICE IN CERTAIN CAPACITIES WITHOUT LOSS OF RETIREMENT BENEFITS; CERTAIN EMPLOYEES OF COMMUNITY SERVICE BOARDS AUTHORIZED TO OBTAIN CREDITABLE SERVICE FOR PRIOR SERVICE IN PRIVATE HOSPITALS; REDUCTION OF EMPLOYEE CONTRIBUTIONS AUTHORIZED.
Code Sections 47-2-110 and 47-2-334 Amended. Code Section 47-2-298 Enacted.
No. 958 (House Bill No. 931).
AN ACT
To amend Chapter 2 of Title 47 of the Official Code of Georgia Annotated, relating to the Employees Retirement System of Georgia, so as to provide that persons who retired with at least ten years of actual service as an officer of the Uniform Division of the Department of Public Safety may return to service in certain capacities and continue to receive a full retirement benefit; to provide that certain employees of community service boards may obtain creditable service for certain prior service as employees of private hospitals; to provide for application and the payment of employee and employer contributions; to provide that the board of trustees of such retirement system may reduce the amount of certain employee contributions under certain conditions; to provide conditions for an effective date and automatic repeal; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Chapter 2 of Title 47 of the Official Code of Georgia Annotated, relating to the Employees Retirement System of Georgia, is amended by striking in its entirety subsection (c) of Code Section 47-2-110, relating to retirement age, application and eligibility for a retirement allowance, suspension of retirement allowance upon reemployment, and health benefits, and inserting in lieu thereof the following:
"(c)( 1) Except as provided in this subsection, if a member accepts employment with or renders services to any employer after his or her retirement, payment of his or her retirement allowance shall be suspended and no contributions to the retirement system shall be made on account of such service either by that member or his or her employer, provided that, upon termination of such service, all rights shall vest in that member as if he or she had continued his or her option to retire.

____________GEORGIA LAWS 2002 SESSION__________1289
(2) The retirement allowance of a retired member who accepts employment with or renders services to any employer after his or her retirement shall not be suspended if the employee performs no more than 1,040 hours of service for the employer in any calendar year; provided, however, that no such employee so employed shall be eligible for employee health benefits other than those available to the member as a part of his or her retirement benefits or for any annual leave, any sick leave, or any other employee benefit available to a state employee in the classified service of the State Merit System of Personnel Administration established by Chapter 20 of Title 45. (3) The retirement benefits of a retired member who retired on a normal service retirement with at least ten years of actual service as an officer or trooper of the Uniform Division of the Department of Public Safety shall not be suspended if he or she accepts full-time or part-time employment with the Department of Public Safety or the Department of Motor Vehicle Safety as a radio operator or a driver's license examiner; provided, however, that this paragraph shall cease to apply on or after July 1, 2007. No such employee so employed shall be eligible for employee health benefits other than those available to the member as a part of his or her retirement benefits or for any annual leave, any sick leave, or any other employee benefit available to a state employee in the classified service of the State Merit System of Personnel Administration established by Chapter 20 of Title 45. No employer or employee contributions to this retirement system shall be paid for or on behalf of any such member. The salary paid to any such person shall be commensurate with the position for which he or she is employed with credit for no more than five years of prior experience."
SECTION 1A. Said chapter is further amended by inserting following Code Section 47-2-298 a new Code section to read as follows:
"47-2-299.
(a) Any member who is an employee of a community service board created by Code Section 37-2-6 may obtain creditable service for prior service as an employee of a private nonprofit hospital which was deemed to be the community health center through a contractual master agreement with the Department of Human Resources and which was authorized to bill Medicaid for outpatient clinic option services under the state community mental health program prior to December 31, 1991, and who, without a break in service, became an employee of the community service board in the same position he or she held with the private hospital. Such credit shall be granted regardless of whether any prior service has been used or may be used in the determination of the member's eligibility for retirement benefits or allowances in a private retirement system. (b) In order to obtain creditable service as provided by this Code section, the member shall make application to the board of trustees in such form as the board deems proper, accompanied by such evidence of prior employment as the board deems necessary and payment of such amount as determined by the actuary as

1290_____GENERAL ACTS AND RESOLUTIONS, VOL. I_______
necessary to grant such benefit without creating any accrued actuarial liability as to this retirement system. (c) Application for the creditable service provided by this Code section must be made not later than December 31, 2002."
SECTION 2. Said chapter is further amended by striking in its entirety subsection (c) of Code Section 47-2-334, relating to service retirement allowance, calculation, employee membership contributions, employer contributions, optional membership, conditions, and construction of provision, and inserting in lieu thereof the following:
"(c) From and after July 1,1990, every member subject to this Code section shall contribute employee membership contributions in an amount not less than 1 percent nor greater than 1 1/2 percent of earnable compensation, which shall be deducted by each employer from the earnable compensation of each member for each and every payroll period and paid monthly to the board of trustees; provided, however, that any reduction in such percentage shall be based upon the recommendation of the actuary of the board of trustees, the maintenance of the actuarial soundness of the fund in accordance with the standards provided in Code Section 47-20-10 or such higher standards as may be adopted by the board, and such other factors as the board deems relevant. Of the percentage deducted from the earnable compensation of members, one-fourth of 1 percent shall be credited to the group term life insurance fund in lieu of any other deduction therefor and the remaining portion shall be credited to the individual accounts of the members in the annuity savings fund. In the event a member is not covered by group term life insurance, the entire amount deducted from the member's earnable compensation shall be credited to the member's individual account in the annuity savings fund."
SECTION 3. This Act shall become effective on July 1, 2002, only if it is determined to have been concurrently funded as provided in Chapter 20 ofTitle 47 ofthe Official Code of Georgia Annotated, the "Public Retirement Systems Standards Law"; otherwise, this Act shall not become effective and shall be automatically repealed in its entirety on July 1, 2002, as required by subsection (a) of Code Section 47-20-50.
SECTION 4. All laws and parts of laws in conflict with this Act are repealed.
Approved May 16, 2002.

____________GEORGIA LAWS 2002 SESSION__________1291
RETIREMENT AND PENSIONS - GEORGIA RAIL PASSENGER AUTHORITY; MEMBERSHIP.
Code Section 47-2-326 Enacted.
No. 959 (House Bill No. 785).
AN ACT
To amend Part 10 of Article 8 of Chapter 2 of Title 47 of the Official Code of Georgia Annotated, relating to membership ofemployees ofcertain state authorities in the Employees' Retirement System of Georgia, so as to provide for membership in such retirement system by employees of the Georgia Rail Passenger Authority; to provide conditions for an effective date and automatic repeal; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Part 10 of Article 8 of Chapter 2 of Title 47 of the Official Code of Georgia Annotated, relating to membership of employees of certain state authorities in the Employees Retirement System of Georgia, is amended by inserting at the end thereof the following:
"47-2-326. (a) As used in this Code section, the term 'Georgia Rail Passenger Authority' or 'authority' means that authority created by Article 9 of Chapter 9 of Title 46, the 'Georgia Rail Passenger Authority Law.' (b) Effective July 1,2002, or on the date of employment, whichever date is later, each officer or employee of the authority shall become a member of the retirement system. (c) Any officer or employee of the authority who was already a member of the retirement system on July 1, 2002, and any member of the retirement system who, without any break in service, becomes an officer or employee of the authority on or after July 1, 2002, shall continue in the same membership status without any interruption in membership service and without the loss of any creditable service. (d) Except as otherwise provided in subsection (c) of this Code section, an officer or employee of the authority becoming a member of the retirement system pursuant to the provisions of this Code section shall be subject to the provisions of Code Section 47-2-334. (e) All employer contributions, including employee contributions made by the employer on behalfofmembers, which are required by this chapter shall be made for members who are subject to the provisions of this Code section from funds appropriated to or otherwise available for the operation of the Georgia Rail

1292_____GENERAL ACTS AND RESOLUTIONS, VOL. I_______
Passenger Authority. The authority shall deduct from the salaries payable to such members the additional employee contributions required by this chapter."
SECTION 2. This Act shall become effective on July 1, 2002, only if it is determined to have been concurrently funded as provided in Chapter 20 of Title 47 of the Official Code of Georgia Annotated, the "Public Retirement Systems Standards Law"; otherwise, this Act shall not become effective and shall be automatically repealed in its entirety on July 1, 2002, as required by subsection (a) of Code Section 47-20-50.
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.
Approved May 16, 2002.
LOCAL GOVERNMENT - BOUNDARY DISPUTES; SETTLE BY MUTUAL AGREEMENT.
Code Section 36-3-21.1 Enacted.
No. 960 (House Bill No. 1548).
AN ACT
To amend Article 2 of Chapter 3 of Title 36 of the Official Code of Georgia Annotated, relating to settlement ofboundary disputes, so as to provide that, subject to certain conditions, the affected counties may by mutual agreement determine where the boundary line shall be located; to provide that upon making certain findings the Secretary of State may accept such agreement and determine that it resolves the matter; to provide for recordation and effect of such agreement and determination; 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 3 of Title 36 of the Official Code of Georgia Annotated, relating to settlement of boundary disputes, is amended by adding after Code Section 36-3-21 a new Code Section 36-3-21.1 to read as follows:
"36-3-21.1. (a) At any time after certification of the grand jury presentment to the Governor and prior to a final determination by the Secretary of State under Code Section 36-3-24, the governing authorities of the affected counties may by mutual

____________GEORGIA LAWS 2002 SESSION__________1293
agreement determine where the boundary line shall be located. Any such agreement shall be evidenced by the adoption of an appropriate concurrent unanimous resolution by the governing authority of each affected county; and each such resolution shall incorporate or incorporate by reference an agreed upon plat, description, or other means of definitely ascertaining the boundary line, (b) The resolutions of the affected counties shall be filed with the Secretary of State and the Department of Community Affairs, together with the agreed upon plat, description, or other means of definitely ascertaining the county line. If the Secretary of State finds that:
(1) Such resolutions meet the requirements of this Code section; (2) The agreed upon plat, description, or other means adequately defines the boundary line; (3) The surveyor, if appointed, has been adequately compensated for services performed to date or adequate arrangements have been made for the payment of such compensation; and (4) The agreement is otherwise proper to terminate the boundary dispute, then the Secretary of State may enter a written determination that the disputed boundary line has been determined by agreement as authorized by this Code section. Such written determination, the concurrent resolutions ofthe affected counties, and the plat, description or other means of definitely ascertaining the boundary line shall be recorded in the same manner and with the same effect provided for in Code Section 36-3-25."
SECTION 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.
Approved May 16, 2002.

1294_____GENERAL ACTS AND RESOLUTIONS, VOL. I________
REVENUE AND TAXATION - INTANGIBLE RECORDING TAX; COMPENSATION OF COLLECTION OFFICERS IN COUNTIES OF MORE THAN 650,000 (FORMERLY 500,000).
Code Section 48-6-73 Amended.
No. 961 (Senate Bill No. 354).
AN ACT
To amend Code Section 48-6-73 of the Official Code of Georgia Annotated, relating to reports and distributions by collecting officer of the intangible recording tax, so as to provide for a 4 percent commission as compensation to the collection officer in counties having a certain population; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Code Section 48-6-73 ofthe Official Code ofGeorgia Annotated, relating to reports and distributions by collecting officer of the intangible recording tax, is amended by striking said Code section in its entirety and inserting in lieu thereof the following:
"48-6-73. Each collecting officer shall make a report to the commissioner by the tenth day of each month on forms prescribed by the commissioner of all sums collected and remitted under this article for the preceding month. The collecting officer shall retain 6 percent of the tax collected as compensation for said officer's services in collecting the tax. All such taxes shall be deemed to have been collected by the collecting officer in said officer's official capacity. Failure to collect and distribute the tax as provided by law shall constitute a breach of the official duty and of the official bond of the collecting officer. In each county in which the collecting officer is on a salary, the 6 percent commission allowed by this Code section shall be paid into the county treasury and shall become county property. The long-term notes secured by real property upon which this tax is based shall not be placed upon the property tax digest prepared and maintained by the tax receiver. It is the intention of the General Assembly that the 6 percent commission permitted under this article for the collection and distribution of this tax by the collecting officer shall be the only compensation permitted to any collecting officer with respect to this tax. In counties having a population of more than 650,000, according to the United States decennial census of 2000 or any future such census, however, the commission allowed under this article as compensation to the collecting officer shall be 4 percent."

____________GEORGIA LAWS 2002 SESSION_________1295
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.
Approved May 16, 2002.
AGRICULTURE - ORGANIC FOOD AND FEED INGREDIENTS; COMMINGLING; REGISTRATION OF PRODUCERS, PROCESSORS, DISTRIBUTORS, AND HANDLERS AND CERTIFYING ENTITIES.
Code Section 2-21-4 Amended.
No. 962 (Senate Bill No. 361).
AN ACT
To amend Chapter 21 of Title 2 of the Official Code of Georgia Annotated, known as the "Georgia Organic Certification and Labeling Act," so as to provide that no person who produces, processes, distributes, or handles an advertised, promoted, identified, tagged, stamped, packaged, or labeled organic food or feed ingredient, article, commodity, or product may substitute or commingle any ingredient, article, commodity, or product which does not comply with Code Section 2-21 -3; to repeal the requirement that certain organic food or feed ingredients bear the official seal of the certifying entity; to require the registration of persons who produce, process, distribute, or handle in this state any food or feed ingredient, article, commodity, or product labeled as organic; to provide for exceptions; to require the registration of any organization, business, firm, or individual acting as a certifying entity in this state; to provide for terms and conditions of registration; to provide for fees; to provide for classifications; to provide for practices and procedures; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Chapter 21 of Title 2 of the Official Code of Georgia Annotated, known as the "Georgia Organic Certification and Labeling Act," is amended by striking Code Section 2-21 -4, relating to packaging and labeling, and inserting in its place the following:
"2-21-4. (a) No person may use the words 'certified organic by' in the identification, advertising, promotion, packaging, or labeling of a food or feed ingredient, article, commodity, or product unless that ingredient, article, commodity, or

1296_____GENERAL ACTS AND RESOLUTIONS, VOL. I_______
product complies with the requirements of Code Section 2-21-3 and unless the producer, distributor, or processor has a certification in good standing from the department. (b) No person who produces, processes, distributes, or handles an advertised, promoted, identified, tagged, stamped, packaged, or labeled organic food or feed ingredient, article, commodity, or product may substitute or commingle any ingredient, article, commodity, or product which does not comply with Code Section 2-21-3. (c) Any fresh, wholesale or retail organic food or feed ingredient, article, commodity, or product shall be tagged, stamped, labeled, crated, bagged, packaged, or be in any other standardized form which complies with state and federal regulations pertaining to inspection, identity, contents, weight, measure, and grade. (d) Any food or feed ingredient, article, commodity, or product labeled as organic must be certified by the department or a department approved certifying entity as meeting the requirements of this chapter prior to being sold in the State of Georgia after July 1, 2000. (e) On and after January 1, 2003, no person shall produce, process, distribute, or handle in this state any advertised, promoted, identified, tagged, stamped, packaged, or labeled organic food or feed ingredient, article, commodity, or product unless such person has first registered with the department; provided, however, that retail food sales establishments licensed under Article 2 of this chapter that do not process or repackage certified organic commodities shall be exempt from registration provisions set forth in this chapter. On and after January 1, 2003, no organization, business, firm, or individual shall act as a certifying entity in this state unless such organization, business, firm, or individual has first registered with the department. The Commissioner shall establish by regulation registration standards for producers, processors, distributors, handlers, and certifying entities not inconsistent with this chapter. Registration shall be made upon forms prescribed and furnished by the department. Registrations shall expire on the last day of December of the year for which they are issued. The Commissioner shall establish by rule a registration fee for certifying entities in an amount of not less than $25.00 nor more than $500.00 per annum and may establish classes of certifying entities with different registration fees for each class."
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.
Approved May 16, 2002.

____________GEORGIA LAWS 2002 SESSION__________1297
PENAL INSTITUTIONS - INTERSTATE COMPACT FOR ADULT OFFENDER SUPERVISION ENACTED; GEORGIA STATE COUNCIL FOR INTERSTATE ADULT OFFENDER SUPERVISION CREATED.
Code Title 42, Chapter 9, Article 4 Enacted.
No. 964 (House Bill No. 885).
AN ACT
To amend Chapter 9 ofTitle 42 ofthe Official Code ofGeorgia Annotated, relating to pardons and paroles, so as to enact The Interstate Compact for Adult Offender Supervision; to provide for implementation of such compact; to provide for the Georgia State Council for Interstate Adult Offender Supervision; to provide for a compact administrator; 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 42 of the Official Code of Georgia Annotated, relating to pardons and paroles, is amended by adding a new Article 4 to read as follows:
"ARTICLE 4
42-9-80. This article shall be known and may be cited as The Interstate Compact for Adult Offender Supervision.'
42-9-81. The Governor of this state is authorized and directed to execute a compact on behalf of the State of Georgia with any of the United States legally joining therein in the form substantially as follows:
ARTICLE I. PURPOSE.
The compacting states to this Interstate Compact recognize that each state is responsible for the supervision of adult offenders in the community who are authorized pursuant to the By-laws and Rules of this compact to travel across state lines both to and from each compacting state in such a manner as to track the location of offenders, transfer supervision authority in an orderly and efficient manner, and when necessary return offenders to the originating

1298_____GENERAL ACTS AND RESOLUTIONS, VOL. I_______
jurisdictions. The compacting states also recognize that Congress, by enacting the Crime Control Act, 4 U.S.C. Section 112(1965), has authorized and encouraged compacts for cooperative efforts and mutual assistance in the prevention of crime. It is the purpose of this compact and the Interstate Commission created hereunder, through means ofjoint and cooperative action among the compacting states: to provide the framework for the promotion of public safety and protect the rights of victims through the control and regulation of the interstate movement of offenders in the community; to provide for the effective tracking, supervision, and rehabilitation of these offenders by the sending and receiving states; and to equitably distribute the costs, benefits and obligations of the compact among the compacting states. In addition, this compact will: create an Interstate Commission which will establish uniform procedures to manage the movement between states ofadults placed under community supervision and released to the community under the jurisdiction of courts, paroling authorities, corrections or other criminal justice agencies which will promulgate rules to achieve the purpose of this compact; ensure an opportunity for input and timely notice to victims and to jurisdictions where defined offenders are authorized to travel or to relocate across state lines; establish a system of uniform data collection, access to information on active cases by authorized criminal justice officials, and regular reporting of Compact activities to heads of state councils, state executive, judicial, and legislative branches and criminal justice administrators; monitor compliance with rules governing interstate movement of offenders and initiate interventions to address and correct non-compliance; and coordinate training and education regarding regulations of interstate movement of offenders for officials involved in such activity. The compacting states recognize that there is no 'right' of any offender to live in another state and that duly accredited officers of a sending state may at all times enter a receiving state and there apprehend and retake any offender under supervision subject to the provisions ofthis compact and By-laws and Rules promulgated hereunder. It is the policy of the compacting states that the activities conducted by the Interstate Commission created herein are the formation of public policies and are therefore public business.
ARTICLE II. DEFINITIONS.
As used in this compact, unless the context clearly requires a different construction:
(1) 'Adult' means both individuals legally classified as adults and juveniles treated as adults by court order, statute, or operation of law. (2) 'By-laws' mean those by-laws established by the Interstate Commission for its governance, or for directing or controlling the Interstate Commission's actions or conduct.

__________GEORGIA LAWS 2002 SESSION__________1299
(3) 'Compact Administrator' means the individual in each compacting state appointed pursuant to the terms of this compact responsible for the administration and management of the state's supervision and transfer of offenders subject to the terms of this compact, the rules adopted by the Interstate Commission and policies adopted by the State Council under this compact. (4) 'Compacting state' means any state which has enacted the enabling legislation for this compact. (5) 'Commissioner' means the voting representative of each compacting state appointed pursuant to Article III of this compact. (6) 'Interstate Commission' means the Interstate Commission for Adult Offender Supervision established by this compact. (7) 'Member' means the commissioner of a compacting state or designee, who shall be a person officially connected with the commissioner. (8) 'Noncompacting state' means any state which has not enacted the enabling legislation for this compact. (8) 'Offender' means an adult placed under, or subject, to supervision as the result of the commission of a criminal offense and released to the community under thejurisdiction ofcourts, paroling authorities, corrections, or other criminal justice agencies. (9) 'Person' means any individual, corporation, business enterprise, or other legal entity, either public or private. (10) 'Rules' means acts of the Interstate Commission, duly promulgated pursuant to Article VIII of this compact, substantially affecting interested parties in addition to the Interstate Commission, which shall have the force and effect of law in the compacting states. (11) 'State' means a state of the United States, the District of Columbia and any other territorial possessions of the United States. (12) 'State Council' means the resident members of the State Council for Interstate Adult Offender Supervision created by each state under Article III of this compact.
ARTICLE III. THE COMPACT COMMISSION.
The compacting states hereby create the 'Interstate Commission for Adult Offender Supervision.' The Interstate Commission shall be a body corporate and joint agency of the compacting states. The Interstate Commission shall have all the responsibilities, powers and duties set forth herein, including the power to sue and be sued, and such additional powers as may be conferred upon it by subsequent action of the respective legislatures of the compacting states in accordance with the terms of this compact. The Interstate Commission shall consist of Commissioners selected and appointed by resident members of a State Council for Interstate Adult Offender Supervision for each state.

1300______GENERAL ACTS AND RESOLUTIONS, VOL. I_________
In addition to the Commissioners who are the voting representatives of each state, the Interstate Commission shall include individuals who are not commissioners but who are members of interested organizations; such non-commissioner members must include a member of the national organizations of governors, legislators, state chief justices, attorneys general and crime victims. All non-commissioner members of the Interstate Commission shall be ex-officio (nonvoting) members. The Interstate Commission may provide in its by-laws for such additional, ex-officio, non-voting members as it deems necessary. Each compacting state represented at any meeting ofthe Interstate Commission is entitled to one vote. A majority of the compacting states shall constitute a quorum for the transaction of business, unless a larger quorum is required by the by-laws of the Interstate Commission. The Interstate Commission shall meet at least once each calendar year. The chairperson may call additional meetings and, upon the request of 27 or more compacting states, shall call additional meetings. Public notice shall be given of all meetings and meetings shall be open to the public. The Interstate Commission shall establish an Executive Committee which shall include commission officers, members and others as shall be determined by the By-laws. The Executive Committee shall have the power to act on behalf of the Interstate Commission during periods when the Interstate Commission is not in session, with the exception of rulemaking and/or amendment to the Compact. The Executive Committee oversees the day-to-day activities managed by the Executive Director and Interstate Commission staff; administers enforcement and compliance with the provisions of the compact, its by-laws and as directed by the Interstate Commission and performs other duties as directed by Commission or set forth in the By-laws.
ARTICLE IV. THE STATE COUNCIL.
Each member state shall create a State Council for Interstate Adult Offender Supervision which shall be responsible for the appointment of the commissioner who shall serve on the Interstate Commission from that state. Each state council shall appoint as its commissioner the Compact Administrator from that state to serve on the Interstate Commission in such capacity under or pursuant to applicable law of the member state. While each member state may determine the membership of its own state council, its membership must include at least one representative from the legislative, judicial, and executive branches of government, victims groups and compact administrators. Each compacting state retains the right to determine the qualifications of the Compact Administrator who shall be appointed by the state council or by the Governor in consultation with the Legislature and the Judiciary. In addition to appointment of its commissioner to the National Interstate Commission, each state council shall exercise oversight and

__________GEORGIA LAWS 2002 SESSION__________1301
advocacy concerning its participation in Interstate Commission activities and other duties as may be determined by each member state including but not limited to, development of policy concerning operations and procedures of the compact within that state.
ARTICLE V. POWERS AND DUTIES OF THE INTERSTATE COMMISSION.
The Interstate Commission shall have the following powers: (1) To adopt a seal and suitable by-laws governing the management and operation of the Interstate Commission. (2) To promulgate rules which shall have the force and effect of statutory law and shall be binding in the compacting states to the extent and in the manner provided in this compact. (3) To oversee, supervise and coordinate the interstate movement of offenders subject to the terms of this compact and any by-laws adopted and rules promulgated by the compact commission. (4) To enforce compliance with compact provisions, Interstate Commission rules, and by-laws, using all necessary and proper means, including but not limited to, the use ofjudicial process. (5) To establish and maintain offices. (6) To purchase and maintain insurance and bonds. (7) To borrow, accept, or contract for services of personnel, including, but not limited to, members and their staffs. (8) To establish and appoint committees and hire staff which it deems necessary for the carrying out of its functions including, but not limited to, an executive committee as required by Article III which shall have the power to act on behalf of the Interstate Commission in carrying out its powers and duties hereunder. (9) To elect or appoint such officers, attorneys, employees, agents, or consultants, and to fix their compensation, define their duties and determine their qualifications; and to establish the Interstate Commission's personnel policies and programs relating to, among other things, conflicts of interest, rates of compensation, and qualifications of personnel. (10) To accept any and all donations and grants of money, equipment, supplies, materials, and services, and to receive, utilize, and dispose of same. (11) To lease, purchase, accept contributions or donations of, or otherwise to own, hold, improve or use any property, real, personal, or mixed. (12) To sell, convey, mortgage, pledge, lease, exchange, abandon, or otherwise dispose of any property, real, personal or mixed. (13) To establish a budget and make expenditures and levy dues as provided in Article X of this compact. (14) To sue and be sued. (15) To provide for dispute resolution among Compacting States.

1302_____GENERAL ACTS AND RESOLUTIONS, VOL. I________
(16) To perform such functions as may be necessary or appropriate to achieve the purposes of this compact. (17) To report annually to the legislatures, governors, judiciary, and state councils of the compacting states concerning the activities of the Interstate Commission during the preceding year. Such reports shall also include any recommendations that may have been adopted by the Interstate Commission. (18) To coordinate education, training and public awareness regarding the interstate movement of offenders for officials involved in such activity. (19) To establish uniform standards for the reporting, collecting, and exchanging of data.
ARTICLE VI. ORGANIZATION AND OPERATION OF
THE INTERSTATE COMMISSION.
Section A. By-laws The Interstate Commission shall, by a majority of the Members, within twelve months of the first Interstate Commission meeting, adopt By-laws to govern its conduct as may be necessary or appropriate to carry out the purposes of the Compact, including, but not limited to: establishing the fiscal year of the Interstate Commission; establishing an executive committee and such other committees as may be necessary; providing reasonable standards and procedures:
(1) For the establishment of committees, and (2) Governing any general or specific delegation of any authority or function of the Interstate Commission; providing reasonable procedures for calling and conducting meetings of the Interstate Commission, and ensuring reasonable notice of each such meeting; establishing the titles and responsibilities of the officers of the Interstate Commission; providing reasonable standards and procedures for the establishment of the personnel policies and programs of the Interstate Commission. Notwithstanding any civil service or other similar laws of any Compacting State, the By-laws shall exclusively govern the personnel policies and programs of the Interstate Commission; and providing a mechanism for winding up the operations of the Interstate Commission and the equitable return of any surplus funds that may exist upon the termination of the Compact after the payment and/or reserving of all of its debts and obligations; providing transition rules for 'start up' administration of the compact; establishing standards and procedures for compliance and technical assistance in carrying out the compact.
Section B. Officers and Staff The Interstate Commission shall, by a majority of the Members, elect from among its Members a chairperson and a vice chairperson, each of whom shall have such authorities and duties as may be specified in the By-laws. The

__________GEORGIA LAWS 2002 SESSION__________1303
chairperson or, in his or her absence or disability, the vice chairperson, shall preside at all meetings of the Interstate Commission. The Officers so elected shall serve without compensation or remuneration from the Interstate Commission; provided that, subject to the availability of budgeted funds, the officers shall be reimbursed for any actual and necessary costs and expenses incurred by them in the performance of their duties and responsibilities as officers of the Interstate Commission. The Interstate Commission shall, through its executive committee, appoint or retain an executive director for such period, upon such terms and conditions and for such compensation as the Interstate Commission may deem appropriate. The executive director shall serve as secretary to the Interstate Commission, and hire and supervise such other staff as may be authorized by the Interstate Commission, but shall not be a member.
Section C. Corporate Records of the Interstate Commission The Interstate Commission shall maintain its corporate books and records in accordance with the By-laws.
Section D. Qualified Immunity, Defense and Indemnification The Members, officers, executive director and employees of the Interstate Commission shall be immune from suit and liability, either personally or in their official capacity, for any claim for damage to or loss of property or personal injury or other civil liability caused or arising out of any actual or alleged act, error or omission that occurred within the scope of Interstate Commission employment, duties or responsibilities; provided, that nothing in this paragraph shall be construed to protect any such person from suit and/or liability for any damage, loss, injury or liability caused by the intentional or willful and wanton misconduct ofany such person. The Interstate Commission shall defend the Commissioner of a Compacting State, or his or her representatives or employees, or the Interstate Commission's representatives or employees, in any civil action seeking to impose liability, arising out of any actual or alleged act, error or omission that occurred within the scope of Interstate Commission employment, duties or responsibilities, or that the defendant had a reasonable basis for believing occurred within the scope of Interstate Commission employment, duties or responsibilities; provided, that the actual or alleged act, error or omission did not result from intentional wrongdoing on the part of such person. The Interstate Commission shall indemnify and hold the Commissioner of a Compacting State, the appointed designee or employees, or the Interstate Commission's representatives or employees, harmless in the amount of any settlement or judgement obtained against such persons arising out of any actual or alleged act, error or omission that occurred within the scope of Interstate Commission employment, duties or responsibilities, or that such persons had a reasonable basis for believing occurred within the scope of Interstate Commission employment, duties or responsibilities, provided, that the actual or alleged act, error or omission did

1304_____GENERAL ACTS AND RESOLUTIONS, VOL. I_______
not result from gross negligence or intentional wrongdoing on the part of such person.
ARTICLE VII. ACTIVITIES OF THE INTERSTATE COMMISSION.
The Interstate Commission shall meet and take such actions as are consistent with the provisions of this Compact. Except as otherwise provided in this Compact and unless a greater percentage is required by the By-laws, in order to constitute an act of the Interstate Commission, such act shall have been taken at a meeting of the Interstate Commission and shall have received an affirmative vote of a majority of the members present. Each Member of the Interstate Commission shall have the right and power to cast a vote to which that Compacting State is entitled and to participate in the business and affairs of the Interstate Commission. A Member shall vote in person on behalf of the state and shall not delegate a vote to another member state. However, a State Council shall appoint another authorized representative, in the absence of the commissioner from that state, to cast a vote on behalf of the member state at a specified meeting. The By-laws may provide for Members participation in meetings by telephone or other means of telecommunication or electronic communication. Any voting conducted by telephone, or other means of telecommunication or electronic communication shall be subject to the same quorum requirements of meetings where members are present in person. The Interstate Commission shall meet at least once during each calendar year. The chairperson of the Interstate Commission may call additional meetings at any time and, upon the request of a majority of the Members, shall call additional meetings. The Interstate Commission's By-laws shall establish conditions and procedures under which the Interstate Commission shall make its information and official records available to the public for inspection or copying. The Interstate Commission may exempt from disclosure any information or official records to the extent they would adversely affect personal privacy rights or proprietary interests. In promulgating such Rules, the Interstate Commission may make available to law enforcement agencies records and information otherwise exempt from disclosure, and may enter into agreements with law enforcement agencies to receive or exchange information or records subject to nondisclosure and confidentiality provisions. Public notice shall be given of all meetings and all meetings shall be open to the public, except as set forth in the Rules or as otherwise provided in the Compact. The Interstate Commission shall promulgate Rules consistent with the principles contained in the 'Government in Sunshine Act,' 5 U.S.C. Section 552(b), as may be amended. The Interstate Commission and any of its

___________GEORGIA LAWS 2002 SESSION__________1305
committees may close a meeting to the public where it determines by two-thirds vote that an open meeting would be likely to:
(1) Relate solely to the Interstate Commission's internal personnel practices and procedures; (2) Disclose matters specifically exempted from disclosure by statute; (3) Disclose trade secrets or commercial or financial information which is privileged or confidential; (4) Involve accusing any person of a crime, or formally censuring any person; (5) Disclose information of a personal nature where disclosure would constitute a clearly unwarranted invasion of personal privacy; (6) Disclose investigatory records compiled for law enforcement purposes; (7) Disclose information contained in or related to examination, operating or condition reports prepared by, or on behalf of or for the use of, the Interstate Commission with respect to a regulated entity for the purpose of regulation or supervision of such entity; (8) Disclose information, the premature disclosure of which would significantly endanger the life of a person or the stability of a regulated entity; (9) Specifically relate to the Interstate Commission's issuance of a subpoena, or its participation in a civil action or proceeding. For every meeting closed pursuant to this provision, the Interstate Commission s chief legal officer shall publicly certify that, in his or her opinion, the meeting may be closed to the public, and shall reference each relevant exemptive provision. The Interstate Commission shall keep minutes which shall fully and clearly describe all matters discussed in any meeting and shall provide a full and accurate summary of any actions taken, and the reasons therefor, including a description of each of the views expressed on any item and the record of any rollcall vote (reflected in the vote of each Member on the question). All documents considered in connection with any action shall be identified in such minutes. The Interstate Commission shall collect standardized data concerning the interstate movement of offenders as directed through its By-laws and Rules which shall specify the data to be collected, the means of collection and data exchange and reporting requirements.
ARTICLE VIII. RULEMAKING FUNCTIONS OF THE
INTERSTATE COMMISSION.
The Interstate Commission shall promulgate Rules in order to effectively and efficiently achieve the purposes of the Compact including transition rules governing administration of the compact during the period in which it is being considered and enacted by the states.

1306_____GENERAL ACTS AND RESOLUTIONS, VOL. I_________
Rulemaking shall occur pursuant to the criteria set forth in this Article and the By-laws and Rules adopted pursuant thereto. Such rulemaking shall substantially conform to the principles ofthe federal Administrative Procedure Act, 5 U.S.C.S. Section 551, et seq., and the Federal Advisory Committee Act, 5 U.S.C.S. app. 2, Section 1, et seq., as may be amended (hereinafter 'APA'). All Rules and amendments shall become binding as of the date specified in each Rule or amendment. If a majority of the legislatures of the Compacting States rejects a Rule, by enactment of a statute or resolution in the same manner used to adopt the compact, then such Rule shall have no further force and effect in any Compacting State. When promulgating a Rule, the Interstate Commission shall:
(1) Publish the proposed Rule stating with particularity the text of the Rule which is proposed and the reason for the proposed Rule; (2) Allow persons to submit written data, facts, opinions and arguments, which information shall be publicly available; (3) Provide an opportunity for an informal hearing; and (4) Promulgate a final Rule and its effective date, if appropriate, based on the rulemaking record. Not later than sixty days after a Rule is promulgated, any interested person may file a petition in the United States District Court for the District of Columbia or in the Federal District Court where the Interstate Commission's principal office is located for judicial review of such Rule. If the court finds that the Interstate Commission's action is not supported by substantial evidence, as defined in the APA, in the rulemaking record, the court shall hold the Rule unlawful and set it aside. Subjects to be addressed within 12 months after the first meeting must at a minimum include: (1) Notice to victims and opportunity to be heard; (2) Offender registration and compliance; (3) Violations/returns; (4) Transfer procedures and forms; (5) Eligibility for transfer; (6) Collection of restitution and fees from offenders; (7) Data collection and reporting; (8) The level of supervision to be provided by the receiving state; (9) Transition rules governing the operation of the compact and the Interstate Commission during all or part of the period between the effective date of the compact and the date on which the last eligible state adopts the compact; (10) Mediation, arbitration and dispute resolution. The existing rules governing the operation ofthe previous compact superceded by this Act shall be null and void twelve (12) months after the first meeting of the Interstate Commission created hereunder.

__________GEORGIA LAWS 2002 SESSION__________1307
Upon determination by the Interstate Commission that an emergency exists, it may promulgate an emergency rule which shall become effective immediately upon adoption, provided that the usual rulemaking procedures provided hereunder shall be retroactively applied to said rule as soon as reasonably possible, in no event later than 90 days after the effective date of the rule.
ARTICLE IX. OVERSIGHT, ENFORCEMENT, AND DISPUTE RESOLUTION BY THE INTERSTATE COMMISSION.
Section A. Oversight The Interstate Commission shall oversee the interstate movement of adult offenders in the compacting states and shall monitor such activities being administered in Non-compacting States which may significantly affect Compacting States. The courts and executive agencies in each Compacting State shall enforce this Compact and shall take all actions necessary and appropriate to effectuate the Compact s purposes and intent. In any judicial or administrative proceeding in a Compacting State pertaining to the subject matter of this Compact which may affect the powers, responsibilities or actions of the Interstate Commission, the Interstate Commission shall be entitled to receive all service of process in any such proceeding, and shall have standing to intervene in the proceeding for all purposes.
Section B. Dispute Resolution The Compacting States shall report to the Interstate Commission on issues or activities of concern to them, and cooperate with and support the Interstate Commission in the discharge of its duties and responsibilities. The Interstate Commission shall attempt to resolve any disputes or other issues which are subject to the Compact and which may arise among Compacting States and Noncompacting States. The Interstate Commission shall enact a By-law or promulgate a Rule providing for both mediation and binding dispute resolution for disputes among the Compacting States.
Section C. Enforcement The Interstate Commission, in the reasonable exercise of its' discretion, shall enforce the provisions of this compact using any or all means set forth in Article XII, Section B, of this compact.
Section D. Extradition In accordance with the laws of the United States, the duly accredited officers of a sending state may at all times enter a receiving state and there apprehend and retake any offender. For that purpose no formalities will be required other than establishing the authority ofthe officer and the identity ofthe offender to

1308_____GENERAL ACTS AND RESOLUTIONS, VOL. I________
be retaken. All legal requirements to extradition of fugitives from justice are hereby expressly waived on the part of states party hereto, as to such offenders. The decision ofthe sending state to retake an offender shall be conclusive upon and not reviewable within the receiving state; however, if at the time when a state seeks to retake an offender there should be pending against the offender within the receiving state any criminal charge, or if the offender should be suspected of having committed within such state a criminal offense, the offender shall not be retaken without the consent of the receiving state until discharged from prosecution or from imprisonment for such offense. The duly accredited officers of the sending state will be permitted to transport prisoners being retaken through any and all states that are parties to this compact without interference.
ARTICLE X. FINANCE.
The Interstate Commission shall pay or provide for the payment of the reasonable expenses of its establishment, organization and ongoing activities. The Interstate Commission shall levy on and collect an annual assessment from each Compacting State to cover the cost of the internal operations and activities of the Interstate Commission and its staff which must be in a total amount sufficient to cover the Interstate Commission's annual budget as approved each year. The aggregate annual assessment amount shall be allocated based upon a formula to be determined by the Interstate Commission, taking into consideration the population of the state and the volume of interstate movement of offenders in each Compacting State and shall promulgate a Rule binding upon all Compacting States which governs said assessment. The Interstate Commission shall not incur any obligations of any kind prior to securing the funds adequate to meet the same; nor shall the Interstate Commission pledge the credit of any of the compacting states, except by and with the authority of the compacting state. The Interstate Commission shall keep accurate accounts of all receipts and disbursements. The receipts and disbursements of the Interstate Commission shall be subject to the audit and accounting procedures established under its By-laws. However, all receipts and disbursements of funds handled by the Interstate Commission shall be audited yearly by a certified or licensed public accountant and the report of the audit shall be included in and become part of the annual report of the Interstate Commission.

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ARTICLE XI. COMPACTING STATES, EFFECTIVE
DATE AND AMENDMENT.
Any state, as defined in Article II of this compact, is eligible to become a Compacting State. The Compact shall become effective and binding upon legislative enactment of the Compact into law by no less than 35 of the States. The initial effective date shall be the later of July 1, 2002, or upon enactment into law by the thirty-fifth jurisdiction. Thereafter it shall become effective and binding, as to any other Compacting State, upon enactment of the Compact into law by that State. The governors of Non-member states or their designees will be invited to participate in Interstate Commission activities on a non-voting basis prior to adoption of the compact by all states and territories of the United States. Amendments to the Compact may be proposed by the Interstate Commission for enactment by the Compacting States. No amendment shall become effective and binding upon the Interstate Commission and the Compacting States unless and until it is enacted into law by unanimous consent of the Compacting States.
ARTICLE XII. WITHDRAWAL, DEFAULT, TERMINATION,
AND JUDICIAL ENFORCEMENT
Section A. Withdrawal Once effective, the Compact shall continue in force and remain binding upon each and every Compacting State; provided, that a Compacting State may withdraw from the Compact ('Withdrawing State') by enacting a statute specifically repealing the statute which enacted the Compact into law. The effective date of withdrawal is the effective date of the repeal. The Withdrawing State shall immediately notify the Chairperson of the Interstate Commission in writing upon the introduction of legislation repealing this Compact in the Withdrawing State. The Interstate Commission shall notify the other Compacting States of the Withdrawing State s intent to withdraw within sixty days of its receipt thereof. The Withdrawing State is responsible for all assessments, obligations and liabilities incurred through the effective date of withdrawal, including any obligations, the performance of which extend beyond the effective date of withdrawal. Reinstatement following withdrawal of any Compacting State shall occur upon the Withdrawing State reenacting the Compact or upon such later date as determined by the Interstate Commission.
Section B. Default If the Interstate Commission determines that any Compacting State has at any time defaulted ('Defaulting State') in the performance of any of its obligations

1310_____GENERAL ACTS AND RESOLUTIONS, VOL. I________
or responsibilities under this Compact, the By-laws or any duly promulgated Rules the Interstate Commission may impose any or all of the following penalties:
(1) Fines, fees and costs in such amounts as are deemed to be reasonable as fixed by the Interstate Commission; (2) Remedial training and technical assistance as directed by the Interstate Commission; (3) Suspension and termination of membership in the compact. Suspension shall be imposed only after all other reasonable means of securing compliance under the By-laws and Rules have been exhausted. Immediate notice of suspension shall be given by the Interstate Commission to the Governor, the Chief Justice or Chief Judicial Officer of the state; the majority and minority leaders of the defaulting state's legislature, and the State Council. The grounds for default include, but are not limited to, failure of a Compacting State to perform such obligations or responsibilities imposed upon it by this compact, Interstate Commission By-laws, or duly promulgated Rules. The Interstate Commission shall immediately notify the Defaulting State in writing of the penalty imposed by the Interstate Commission on the Defaulting State pending a cure of the default. The Interstate Commission shall stipulate the conditions and the time period within which the Defaulting State must cure its default. If the Defaulting State fails to cure the default within the time period specified by the Interstate Commission, in addition to any other penalties imposed herein, the Defaulting State may be terminated from the Compact upon an affirmative vote of a majority of the Compacting States and all rights, privileges and benefits conferred by this Compact shall be terminated from the effective date of suspension. Within sixty days of the effective date of termination of a Defaulting State, the Interstate Commission shall notify the Governor, the Chief Justice or Chief Judicial Officer and the Majority and Minority Leaders of the Defaulting State's legislature and the state council of such termination. The Defaulting State is responsible for all assessments, obligations and liabilities incurred through the effective date of termination including any obligations, the performance of which extends beyond the effective date of termination. The Interstate Commission shall not bear any costs relating to the Defaulting State unless otherwise mutually agreed upon between the Interstate Commission and the Defaulting State. Reinstatement following termination of any Compacting State requires both a reenactment of the Compact by the Defaulting State and the approval of the Interstate Commission pursuant to the Rules.
Section C. Judicial Enforcement The Interstate Commission may, by majority vote of the Members, initiate legal action in the United States District Court for the District of Columbia or,

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at the discretion ofthe Interstate Commission, in the Federal District where the Interstate Commission has its offices to enforce compliance with the provisions of the Compact, its duly promulgated Rules and By-laws, against any Compacting State in default. In the eventjudicial enforcement is necessary the prevailing party shall be awarded all costs of such litigation including reasonable attorneys fees.
Section D. Dissolution of Compact The Compact dissolves effective upon the date of the withdrawal or default of the Compacting State which reduces membership in the Compact to one Compacting State. Upon the dissolution of this Compact, the Compact becomes null and void and shall be of no further force or effect, and the business and affairs of the Interstate Commission shall be wound up and any surplus funds shall be distributed in accordance with the By-laws.
ARTICLE XIII. SEVERABILITY AND CONSTRUCTION.
The provisions of this Compact shall be severable, and if any phrase, clause, sentence or provision is deemed unenforceable, the remaining provisions ofthe Compact shall be enforceable. The provisions of this Compact shall be liberally constructed to effectuate its purposes.
ARTICLE XIV. BINDING EFFECT OF COMPACT AND OTHER LAWS.
Section A. Other Laws Nothing herein prevents the enforcement of any other law of a Compacting State that is not inconsistent with this Compact. All Compacting States' laws conflicting with this Compact are superseded to the extent of the conflict.
Section B. Binding Effect of the Compact All lawful actions of the Interstate Commission, including all Rules and By-laws promulgated by the Interstate Commission, are binding upon the Compacting States. All agreements between the Interstate Commission and the Compacting States are binding in accordance with their terms. Upon the request of a party to a conflict over meaning or interpretation of Interstate Commission actions, and upon a majority vote of the Compacting States, the Interstate Commission may issue advisory opinions regarding such meaning or interpretation.

1312_____GENERAL ACTS AND RESOLUTIONS, VOL. I______
In the event any provision of this Compact exceeds the constitutional limits imposed on the legislature of any Compacting State, the obligations, duties, powers or jurisdiction sought to be conferred by such provision upon the Interstate Commission shall be ineffective and such obligations, duties, powers or jurisdiction shall remain in the Compacting State and shall be exercised by the agency thereofto which such obligations, duties, powers orjurisdiction are delegated by law in effect at the time this Compact becomes effective.
42-9-82. With respect to the Interstate Compact for Adult Offender Supervision set out in Code Section 42-9-81:
(1) The Governor shall by executive order establish the initial composition, terms, and compensation of the Georgia State Council for Interstate Adult Offender Supervision required by Article IV of that compact, with the Governor making the appointments to those positions; except that any appointment to a position representing the legislative branch shall be made jointly by the Speaker of the House of Representatives and the President of the Senate and any appointment to a position representing the judicial branch shall be made by the Chief Justice of the Supreme Court; (2) The Governor shall by executive order establish the qualifications, term, and compensation of the compact administrator required by Article IV of that compact, with the state council making the appointment of the compact administrator; (3) The Governor shall by executive order provide for any other matters necessary for implementation of the compact at the time that it becomes effective; and (4) Except as otherwise provided for in this Code section, the board may promulgate rules or regulations necessary to implement and administer the compact, subject to the provisions of Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.'"
SECTION 2. This Act shall become effective on July 1, 2002, or upon enactment by no fewer than 35 states of the Interstate Compact for Adult Supervision in substantially the form set out in Section 1 of this Act, whichever last occurs. For purposes of this section, the term "state" shall have the meaning provided by Section 1 of this Act.
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.
Approved May 16, 2002.

____________GEORGIA LAWS 2002 SESSION_________1313
REVENUE AND TAXATION - TIME FOR MAKING TAX RETURNS IN COUNTIES OF 100,000-103,000
(FORMERLY 81,300-89,000).
Code Section 48-5-18 Amended.
No. 965 (House Bill No. 1449).
AN ACT
To amend Code Section 48-5-18 of the Official Code of Georgia Annotated, relating to the time for making tax returns, so as to change the provisions relating to population brackets and the census relative to the time for making tax returns in certain counties; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Code Section 48-5-18 of the Official Code of Georgia Annotated, relating to the time for making tax returns, is amended by striking subsection (h) of said Code section and inserting in its place a new subsection (h) to read as follows:
"(h) In all counties having a population of not less than 100,000 nor more than 103,000 according to the United States decennial census of 2000 or any future such census, the officer authorized to receive tax returns shall open his books for the return of taxes on January 1 and shall close them on March 1 of each year."
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.
Approved May 16, 2002.
RETIREMENT AND PENSIONS - SUPERIOR COURT CLERKS' RETIREMENT FUND; DISCRETIONARY BENEFIT INCREASE.
Code Section 47-14-22 Amended.
No. 966 (House Bill No. 975).
AN ACT
To amend Code Section 47-14-22 of the Official Code of Georgia Annotated, relating to the powers and duties of the board of trustees of the Superior Court Clerks' Retirement Fund, so as to provide for a discretionary benefit increase; to

1314_____GENERAL ACTS AND RESOLUTIONS, VOL. I_______
provide conditions for an effective date and automatic repeal; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Code Section 47-14-22 of the Official Code of Georgia Annotated, relating to the powers and duties ofthe board oftrustees ofthe Superior Court Clerks' Retirement Fund, is amended in subsection (a) by striking the word "and" at the end of paragraph (8), by striking the period and inserting in its place the symbol and word "; and" at the end of paragraph (9), and by inserting at the end thereof the following:
"(10)(A) Subject to the terms and limitations of this Code section, the board of trustees is authorized to provide for a one-time increase in the maximum monthly retirement benefit payable under Article 5 of this chapter for persons retired or retiring under this chapter. Such increase shall be based upon:
(i) The recommendation of the actuary of the board of trustees; (ii) The maintenance of the actuarial soundness of the fund in accordance with the standards provided in Code Section 47-20-10 or such higher standards as may be adopted by the board; and (iii) Such other factors as the board deems relevant. Such increase may be uniform or may vary in accordance with the time of retirement, length of service, age, nature of the retirement, or such other factors as the board of trustees shall determine. (B) No increase granted pursuant to subparagraph (A) of this paragraph shall exceed 4 percent of the maximum monthly retirement benefit then in effect. Such increase shall be in addition to any other increase in such benefit provided by this chapter."
SECTION 2. This Act shall become effective on July 1, 2002, only if it is determined to have been concurrently funded as provided in Chapter 20 of Title 47 of the Official Code of Georgia Annotated, the "Public Retirement Systems Standards Law"; otherwise, this Act shall not become effective and shall be automatically repealed in its entirety on July 1, 2002, as required by subsection (a) of Code Section 47-20-50.
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.
Approved May 16, 2002.

_____________GEORGIA LAWS 2002 SESSION__________1315
REVENUE AND TAXATION - DEPOSIT OF MONEYS RECEIVED BY COMMISSIONER OR DEPARTMENT.
Code Section 48-2-17 Amended.
No. 967 (Senate Bill No. 323).
AN ACT
To amend Article 1 of Chapter 2 of Title 48 of the Official Code of Georgia Annotated, relating to state administrative organization relative to revenue and taxation, so as to change certain provisions relating to payments of certain moneys received by the commissioner or Department of Revenue to the Office of Treasury and Fiscal Services; 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 48 of the Official Code of Georgia Annotated, relating to state administrative organization relative to revenue and taxation, is amended by striking Code Section 48-2-17, relating to payments of certain moneys received by the commissioner or Department of Revenue to the Office of Treasury and Fiscal Services, and inserting in lieu thereof the following:
"48-2-17. Except as otherwise provided by law, all taxes, penalties, interest, and other moneys collected or received by the commissioner, the department, or any unit, officer, or employee of the department pursuant to this title or any other revenue or licensing law shall be paid to the Office of Treasury and Fiscal Services and deposited within 45 days of such collection or receipt."
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.
Approved May 16, 2002.

1316_____GENERAL ACTS AND RESOLUTIONS, VOL. I_______
WILLS, TRUSTS, AND ADMINISTRATION OF ESTATES INHERITANCE BY FATHER FROM CHILDREN BORN OUT OF WEDLOCK; INHERITANCE WHEN WILL IS REVOKED BY OPERATION OF LAW; NOTICE REQUIRED FOR PROBATE IN SOLEMN FORM; NOTICE TO CREDITORS WHEN ESTATE IS INSOLVENT OR WHEN SUCH CLAIMS ARE DISPUTED OR CANNOT BE PAID IN FULL; DELEGATION OF CERTAIN TRUST FIDUCIARY FUNCTIONS; JURISDICTION OF MOTIONS FOR DISINTERMENT AND DNA TESTING.
Code Sections 15-9-127, 53-2-4, 53-4-5, 53-4-48, 53-5-22, 53-7-50, 53-7-62, and 53-11-4 Amended.
Code Section 53-12-290 Enacted.
No. 968 (House Bill No. 639).
AN ACT
To amend Article 1 of Chapter 2 of Title 53 of the Official Code of Georgia Annotated, the Revised Probate Code of 1998, relating to general provisions relative to descent and distribution, so as to repeal a provision prohibiting the father and other paternal kin from inheriting from or through a child born out of wedlock if the father failed or refused to treat the child openly as his own or to provide support for the child; to provide for such inheritance if the father, during the child's lifetime, has signed the child's birth certificate^ or has executed a signed, sworn statement attesting to the relationship; to amend Article 5 of Chapter 4 of Title 53 of the Official Code of Georgia Annotated, the Revised Probate Code of 1998, relating to revocation and repudiation ofwills, so as to provide for inheritance when a will is revoked by operation of law; to amend Code Section 53-5-22 of the Official Code of Georgia Annotated, relating to notice of petition for probate in solemn form, so as to change provisions relating to such notice; to amend Chapter 7 of Title 53 of the Official Code of Georgia Annotated, the Revised Probate Code of 1998, relating to administration of estates generally, so as to provide for service upon creditors whose claims have not been paid in full due to insolvency of the estate of a citation relating to a petition for discharge of a personal representative; to provide for notice of the settlement of the personal representative's accounts to persons who claim to be creditors whose claims the personal representative disputes or cannot pay in full; to provide that such settlement shall be conclusive on such persons who receive notice; to amend Chapter 11 of Title 53 of the Official Code of Georgia Annotated, the Revised Probate Code of 1998, relating to proceedings in probate court, so as to remove certain provisions relating to service on unknown persons by publication; to amend Article 13 ofChapter 12 ofTitle 53 ofthe Official Code of Georgia Annotated, relating to trust investments, so as to provide for the

____________GEORGIA LAWS 2002 SESSION__________1317
delegation of certain fiduciary functions; to amend Article 1 of Chapter 4 of Title 53 of the Official Code of Georgia Annotated, the Pre-1998 Probate Code, relating to general provisions relative to descent and distribution, so as to repeal a provision prohibiting the father and other paternal kin from inheriting from or through a child born out of wedlock if the father failed or refused to treat the child openly as his own or to provide support for the child; to provide for such inheritance if the father, during the child's lifetime, has signed the child's birth certificate or has executed a signed, sworn statement attesting to the relationship; to amend Code Section 15-9-127 of the Official Code of Georgia Annotated, relating to probate courts having concurrent jurisdiction with superior courts, so as to provide for jurisdiction for motions seeking orders for disinterment and deoxyribonucleic acid testing; to provide for related matters; to provide for an effective date and a certain contingent repeal; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Article 1 of Chapter 2 of Title 53 of the Official Code of Georgia Annotated, the Revised Probate Code of 1998, relating to general provisions relative to descent and distribution, is amended in Code Section 53-2-4, relating to inheritance from children born out of wedlock, by striking subsection (b) in its entirety and inserting in lieu thereof the following:
"(b) The father of a child born out of wedlock, the other children of the father, and other paternal kin may inherit from and through the child born out of wedlock in the same manner as if the child were legitimate if:
(1) A court of competent jurisdiction has entered an order declaring the child to be legitimate under the authority of Code Section 19-7-22 or such other authority as may be provided by law; (2) A court of competent jurisdiction has otherwise entered a court order establishing paternity; (3) The father has, during the lifetime of the child, executed a sworn statement signed by the father attesting to the parent-child relationship; (4) The father has, during the lifetime of the child, signed the birth certificate of the child; or (5) The presumption of paternity described in division (2)(B)(ii) of Code Section 53-2-3 has been established and has not been rebutted by clear and convincing evidence."
SECTION 2. Article 5 of Chapter 4 of Title 53 of the Official Code of Georgia Annotated, the Revised Probate Code of 1998, relating to revocation and repudiation of wills, is amended by striking Code Section 53-4-48, relating to testator's marriage or birth or adoption of a child, and inserting in lieu thereof the following:
"(a) Except as otherwise provided in Code Section 53-4-49, the marriage of the testator, the birth of a child to the testator, including a posthumous child born

1318_____GENERAL ACTS AND RESOLUTIONS, VOL. I________
within ten months of the testator's death, or the adoption of a child by the testator subsequent to the making of a will in which no provision is made in contemplation of such event shall result in a revocation of the will only to the extent provided in the remainder of this Code section. (b) A provision in a will for a class of the testator's children shall be presumed to be made in contemplation of the birth or adoption of additional members of that class, absent an indication of a contrary intent, and the mere identification in the will of children already born or adopted at the time of the execution of the will shall not defeat this presumption. (c) If the will was made prior to an event specified in subsection (a) of this Code section, and does not contain a provision in contemplation of such an event, the subsequent spouse or child shall receive the share of the estate he or she would have received if the testator had died intestate. Such share shall be paid from the net residuum remaining after all debts and expenses of administration, including taxes, have been paid. If the residuum proves to be insufficient, then testamentary gifts shall abate in the manner provided in paragraph (b) of Code Section 53-4-63. Any bequest in the will in favor of the subsequent spouse or child shall be given effect and shall count toward the intestate share. If the bequest equals or exceeds the intestate share, then the subsequent spouse or child shall receive the bequest in lieu of the intestate share provided by this subsection."
SECTION 3. Code Section 53-5-22 of the Official Code of Georgia Annotated, relating to notice of petition for probate in solemn form, is amended by striking subsection (a) and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) Probate in solemn form requires due notice to all the heirs of the testator, and, if there is any other purported will of the testator for which probate proceedings are pending in this state, then such notice shall also be given to the beneficiaries and propounders of such purported will. Service of a notice of petition for probate in solemn form shall be personal if the party resides in this state and is known and shall be served at least ten days before probate is to be made, except that, if waived, the ten-day provision shall not apply."
SECTION 4. Chapter 7 of Title 53 of the Official Code of Georgia Annotated, the Revised Probate Code of 1998, relating to administration of estates generally, is amended in Code Section 53-7-50, relating to petitions for discharge and subsequently discovered estate, by striking paragraph (1) of subsection (b) in its entirety and inserting in lieu thereof the following:
"(b)(l) Subject to paragraphs (2) and (3) of this subsection, upon the filing of a petition for discharge, citation shall issue to all heirs or beneficiaries, as provided in Chapter 11 of this title, requiring them to file any objections to the discharge, except that in all cases a citation shall be published one time in the newspaper in which sheriffs advertisements are published in the county in

____________GEORGIA LAWS 2002 SESSION__________1319
which the petition is filed at least ten days prior to the date on or before which any objection is required to be filed. Any creditors whose claims are disputed or who have not been paid in full due to insolvency of the estate shall be served in accordance with Chapter 11 of this title."
SECTION 5. Said chapter is further amended by striking in its entirety subsection (a) of Code Section 53-7-62, relating to settlement of accounts by the personal representative before the court, and inserting in lieu thereof the following:
"(a) Any person interested as an heir or beneficiary of an estate or the probate court may, after the expiration of six months from the granting of letters, cite the personal representative to appear before the probate court for a settlement of accounts. Alternatively, if the personal representative chooses, the personal representative may cite all the heirs or beneficiaries and all persons who claim to be creditors whose claims the personal representative disputes or cannot pay in full to be present at the settlement of the personal representative's accounts by the court. The settlement shall be conclusive upon the personal representative and upon all the heirs or beneficiaries and all remaining persons who claim to be creditors who receive notice of the hearing. The court may, in the court's discretion, give the personal representative additional time to settle the estate."
SECTION 6. Chapter 11 of Title 53 of the Official Code of Georgia Annotated, the Revised Probate Code of 1998, relating to proceedings in probate court, is amended by striking in its entirety Code Section 53-11-4, relating to service where the person or the person's residence is unknown or where the person resides outside the state, and inserting in lieu thereof the following:
"53-11-4. (a) Except as otherwise prescribed by law or directed by the probate judge pursuant to Code Section 53-11-5, the provisions ofthis Code section shall apply in cases when a person to be served has a known current residence address outside this state, or whose current residence address is unknown. (b) Unless all such persons have known current residence addresses, the probate court shall order service to be perfected by publication of the citation in the newspaper in which sheriff s advertisements are published in the county in which the petition is made. The citation shall be published once a week for four weeks prior to the date on which objections must be filed. The records of the court shall show the persons notified and the character of the notice given. The published citation shall be directed to the person to be served. (c) If the current residence address of such a person is known, service shall be made by mailing by certified or registered mail or statutory overnight delivery, return receipt requested, a copy of the petition and the citation. (d) When service by publication is ordered pursuant to this Code section, compliance with the provisions of this Code section relating to a person to be notified who is known but whose current residence address is unknown shall be

1320_____GENERAL ACTS AND RESOLUTIONS, VOL. I_______
equivalent to personal service ofa copy ofthe petition and citation when the fact appears in the records ofthe court showing the persons notified and the character of the notice given. In the case of a known person whose current residence address is unknown, that person's name shall appear in the records of the court, and such records shall show as to that person's compliance with this Code section. In any case in which service by publication is granted, one order for publication shall be sufficient and the published citation shall be directed as provided in subsection (b) of this Code section."
SECTION 7. Article 13 of Chapter 12 of Title 53 of the Official Code of Georgia Annotated, relating to trust investments, is amended by inserting at the end thereof a new Code Section 53-12-290 to read as follows:
"53-12-290. (a) A trustee may delegate investment and management functions that a prudent trustee of comparable skills could properly delegate under the circumstances. The trustee shall exercise reasonable care, skill, and caution in:
(1) Selecting an agent; (2) Establishing the scope and terms of the delegation consistent with the purposes and terms of the trust; and (3) Reviewing periodically the agent's actions in order to monitor the agent's performance and compliance with the terms of the delegation. (b) In performing a delegation function, an agent owes a duty to the trust to exercise reasonable care to comply with the terms of the delegation. (c) A trustee who complies with the requirements of subsection (a) of this Code section, and who takes reasonable steps to compel an agent to whom the function was delegated to redress a breach of duty to the trust, is not liable to the beneficiaries of the trust or to the trust for the decisions or actions of the agent to whom the function was delegated. (d) By accepting the delegation of a trust function from the trustee of a trust that is subject to the laws of this state, an agent waives the defense of lack of personal jurisdiction and submits to the jurisdiction of this state."
SECTION 8. Article 1 of Chapter 4 of Title 53 of the Official Code of Georgia Annotated, the Pre-1998 Probate Code, relating to general provisions relative to descent and distribution, is amended in Code Section 53-4-5, relating to inheritance from children born out of wedlock, by striking subsection (b) in its entirety and inserting in lieu thereof the following:
"(b) The father of a child born out of wedlock, the other children of the father, and other paternal kin, whether collateral or lineal, may inherit from and through the child born out of wedlock in the same manner as if the child were legitimate if, after the conception of the child:

____________GEORGIA LAWS 2002 SESSION__________1321
(1) A court of competent jurisdiction has entered an order declaring the child to be legitimate under the authority of Code Section 19-7-22 or such other authority as may be provided by law; (2) A court of competent jurisdiction has otherwise entered a court order establishing the father of the child born out of wedlock; (3) The father, during the lifetime of the child, executed a sworn statement signed by the father attesting to the parent-child relationship; (4) The father, during the lifetime of the child, signed the birth certificate of the child; or (5) The presumption of paternity described in subparagraph (c)(2)(B) of Code Section 53-4-4 has been established and has not been rebutted by clear and convincing evidence."
SECTION 9. Code Section 15-9-127 of the Official Code of Georgia Annotated, relating to probate courts having concurrent jurisdiction with superior courts, is amended by striking "and" at the end of paragraph (5), striking the period at the end of paragraph (6) and inserting "; and", and by adding a new paragraph (7) to read as follows:
"(7) Motions seeking an order for disinterment and deoxyribonucleic acid (DNA) testing as provided in Code Section 53-2-27."
SECTION 10. This Act shall become effective on July 1, 2002; provided, however, that Section 9 of this Act shall become effective only if Code Section 53-2-27 as enacted at the 2002 regular session of the General Assembly by HB 130 becomes effective, and otherwise Section 9 of this Act shall not become effective and shall stand automatically repealed on July 1, 2002.
SECTION 11. All laws and parts of laws in conflict with this Act are repealed.
Approved May 16, 2002.

1322_____GENERAL ACTS AND RESOLUTIONS, VOL. I________
WILLS, TRUSTS, AND ADMINISTRATION OF ESTATES RENUNCIATION OF FUTURE INTERESTS.
Code Section 53-1-20 Amended.
No. 969 (House Bill No. 646).
AN ACT
To amend Code Section 53-1-20 of the Official Code of Georgia Annotated, relating to renouncing succession, so as to provide renunciations of future interests; 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 53-1-20 of the Official Code of Georgia Annotated, relating to renouncing succession, is amended by striking paragraph (1) of subsection (f) in its entirety and inserting in lieu thereof the following:
"(f)( 1) Except as otherwise provided by the will or other governing instrument, a renunciation shall cause the renounced property to pass as if the person renouncing had predeceased the decedent or, in the case of property passing upon exercise of a power of appointment, as if the person renouncing had predeceased the holder of the power, even if the acceleration of a contingent remainder or other interest results. A will or other governing instrument may otherwise provide expressly or by implication, but the fact that a remainder or other future interest following a renounced interest is conditioned upon surviving the holder of such renounced interest shall not, without more, be sufficient to indicate that such conditioned interest should not accelerate by reason of such renunciation. Notwithstanding the foregoing, solely for the purposes of the last clause ofparagraph (5) and the last clause ofparagraph (7) of subsection (b) of Code Section 53-2-1, any individual renouncing who is the only sibling or the only aunt or uncle surviving the decedent shall not be deemed to have predeceased the decedent."
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.
Approved May 16, 2002.

____________GEORGIA LAWS 2002 SESSION__________1323
COURTS - GEORGIA COURTS AUTOMATION COMMISSION ADVISORY BOARD; ADD MEMBER.
Code Section 15-5-81 Amended.
No. 970 (House Bill No. 681).
AN ACT
To amend Code Section 15-5-81 of the Official Code of Georgia Annotated, relating to the advisory council to the Georgia Courts Automation Commission, so as to add the executive director of the Georgia Technology Authority or such officer's designee; to make editorial revisions; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Code Section 15-5-81 of the Official Code of Georgia Annotated, relating to the advisory council to the Georgia Courts Automation Commission, is amended by striking subsection (a) in its entirety and inserting in lieu thereof the following:
"(a) There shall be an Advisory Council to the Georgia Courts Automation Commission, hereafter referred to in this article as the 'advisory council.' The advisory council shall consist of: the commissioner of administrative services or the commissioner's designee, the director ofthe Georgia Bureau ofInvestigation or the director s designee, the commissioner ofcorrections or the commissioner's designee, the commissioner of public safety or the commissioner's designee, the chairman of the State Board of Pardons and Paroles or the chairman's designee, the director of the Administrative Office of the Courts or the director's designee, the director of the Criminal Justice Coordinating Council or the director's designee, the director of the Children and Youth Coordinating Council or the director's designee, and the executive director of the Georgia Technology Authority or the executive director's designee."
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.
Approved May 16,2002.

1324_____GENERAL ACTS AND RESOLUTIONS, VOL. I________
MENTAL HEALTH - REORGANIZATION OF MENTAL DISABILITY SERVICE SYSTEM.
Code Sections 15-11-63, 15-11-149,31-3-12.1, 31 -5A-4, 31-7-1, 40-5-64, 45-18-5.2, 49-4A-9, 49-5-220, and 49-5-225 and Code Title 37 Amended. Code Sections 37-2-6.3 and 37-2-6.4 Enacted.
No. 971 (House Bill No. 498).
AN ACT
To amend Title 37 of the Official Code of Georgia Annotated, relating to mental health, so as to change the organization of the mental disability service system; to change certain definitions; to provide for legislative findings and purposes; to provide for regional offices within the division and their duties and functions; to create regional mental health, developmental disabilities, and addictive diseases planning boards and their duties and responsibilities; to provide for appointments to regional planning boards; to provide for changes in the powers and duties of community service boards; to provide for appointments to community service boards; to establish eligibility for appointment to regional planning boards and community service boards; to provide for reimbursement of actual expenses of regional planning board and community service board members; to provide for a community ombudsman program; to provide for community service boards to convert their organizational structures; to amend the Official Code of Georgia Annotated to make conforming changes; to provide for all related matters; to provide for effective dates; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
PARTI SECTION 1-1.
Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile proceedings, is amended by striking subparagraph (e)(2)(B) of Code Section 15-11-63, relating to designated felony acts, definitions, restrictive custody disposition, and notice to schools, and inserting in its place the following:
"(B) While in a youth development center, the child may be permitted to participate in all youth development center services and programs and shall be eligible to receive special medical and treatment services, regardless of the time of confinement in the youth development center. After the first six months of confinement in a youth development center, a child may be eligible to participate in youth development center sponsored programs including community work programs and sheltered workshops under the general supervision of a youth development center staff outside of the youth

____________GEORGIA LAWS 2002 SESSION__________1325
development center; and, in cooperation and coordination with the Department of Human Resources, the child may be allowed to participate in state sponsored programs for evaluation and services under the Division of Rehabilitation Services of the Department of Labor and the Division of Mental Health, Developmental Disabilities, and Addictive Diseases of the Department of Human Resources;".
SECTION 1-2. Said chapter is further amended by striking subsections (c) and (e) of Code Section 15-11-149, relating to disposition of mentally ill or mentally retarded child, and inserting in their places the following:
"(c) Commitment. If it appears from the study and report undertaken pursuant to subsection (a) ofthis Code section that the child is committable under the laws of this state as a mentally retarded or mentally ill child, the court shall order the child detained and shall proceed within ten days to commit the child to the Division of Mental Health, Developmental Disabilities, and Addictive Diseases of the Department of Human Resources." "(e) Applicability of Code Section 15-11-62. The provisions of Code Section 15-11-62 shall not apply to any child 13 to 15 years of age who is found to be suffering from mental illness or mental retardation. Any such child shall not be committed to the Department of Corrections but shall be committed to the Division of Mental Health, Developmental Disabilities, and Addictive Diseases of the Department of Human Resources as provided in this Code section."
SECTION 1-3. Title 31 of the Official Code of Georgia Annotated, relating to health, is amended by striking Code Section 31-3-12.1, relating to contracts between county boards, authorization for, and provisions applicable to county board of health serving as community service board, and inserting in its place the following:
"31-3-12.1.
In addition to any other power authorized by law, the county governing authority may authorize the county board of health to enter into a contract with the department or a community mental health, developmental disabilities, and addictive diseases service board created under Chapter 2 of Title 37 to provide certain mental health, developmental disabilities, and addictive diseases services based on the contractual agreement between the parties. Further, a county governing authority may authorize a county board of health, wherever applicable, to serve as the community mental health, developmental disabilities, and addictive diseases service board, provided that the county governing authority, the board of health, and any other affected county governing authority acts pursuant to subsection (e) of Code Section 37-2-6. In the event that the county governing authority exercises the authority granted by this Code section, Chapter 2 of Title 37, or Code Section 37-2-6, the county board of health shall appoint a director for mental health, developmental disabilities, and addictive diseases or a supervisor of the specific service which is being provided by the county board

1326_____GENERAL ACTS AND RESOLUTIONS, VOL. I_______
of health, whichever is applicable, who shall meet the requirements established by this Code section. The director for mental health, developmental disabilities, and addictive diseases, or the service supervisor, shall not be required to be a physician and shall be a person other than the director of the county board of health appointed pursuant to Code Section 31-3-11. Further, such director for mental health, developmental disabilities, and addictive diseases or such supervisor of the specific service shall report directly to the community service board or the county board of health, whichever is applicable, and shall have no formal reporting relationship with the director of the county board of health. If a county board of health exercises the authority granted pursuant to this Code section and Chapter 2 of Title 37 to serve as a community service board, the membership of the county board of health shall constitute the community service board and, at any time that such members are exercising duties and powers related to mental health, developmental disabilities, and addictive diseases, the community service board shall be an independent agency and shall operate in accordance with the provisions of Title 37 as a community service board. Notwithstanding any provisions of law to the contrary, a community service board and a county board of health which have the same membership may contract with each other, provided that any such contract is approved by the department prior to adoption."
SECTION 1-4. Said title is further amended by striking paragraph (3) of subsection (f) of Code Section 31-5A-4, relating to department's powers, duties, functions, and responsibilities, divisions, and directors, and inserting in its place the following:
"(3) Is authorized to convene at least quarterly a state agency coordinating committee comprised of the commissioners, directors, chairpersons, or their designees, of the following agencies involved in health related activities: the Department of Human Resources, including the Division of Public Health, the Division of Mental Health, Developmental Disabilities, and Addictive Diseases, and the Division of Aging Services thereof, the Department of Juvenile Justice, the Department ofCorrections, the Insurance Department, the State Merit System of Personnel Administration, the State Board of Workers' Compensation, and the Governor's Office of Planning and Budget. The board of regents may also designate a person to serve on the coordinating committee. The committee will convene for the purposes of planning and coordinating health issues that have interagency considerations. The commissioner of the department will serve as the chairperson of the state agency coordinating committee and will report to the Governor the activities, findings, and recommendations of the committee;".
SECTION 1-5. Said title is further amended by striking subparagraph (A) of paragraph (1) of Code Section 31-7-1, relating to definitions, and inserting in its place the following:

____________GEORGIA LAWS 2002 SESSION__________1327
"(A) Any community living arrangements as defined in paragraph (16) of subsection (b) of Code Section 37-1-20;".
SECTION 1-6. Title 37 of the Official Code of Georgia Annotated, relating to mental health, is amended by striking Articles 1 and 2 of Chapter 1, relating to definitions and powers and duties of the Department of Human Resources, respectively, and inserting in their respective places the following:
"ARTICLE 1
37-1-1. As used in this title, the term:
(1) 'Addictive disease' means the abuse of, addiction to, or dependence upon alcohol or other drugs and includes substance abuse. (2) 'Board' means the Board of Human Resources. (3) 'Commissioner' means the commissioner of human resources. (4) 'Community service board' means a public mental health, developmental disabilities, and addictive diseases board established pursuant to Code Section 37-2-6. (5) 'Consumer' means a natural person who has been or is a recipient of disability services as defined in Code Section 37-2-2. (6) 'County board of health' means a county board of health established in accordance with Chapter 3 of Title 31 and includes its duly authorized agents. (7) 'Department' means the Department of Human Resources and includes its duly authorized agents and designees. (8) 'Division' means the Division of Mental Health, Developmental Disabilities, and Addictive Diseases. (9) 'Peace officer' means any federal, city, or county police officer, any officer of the Georgia State Patrol, or any sheriff or deputy sheriff. (10) 'Penal offense' means a violation of a law of the United States, this state, or a political subdivision thereof for which the offender may be confined in a state prison or a city or county jail or any other penal institution. (11) 'Physician' means any person duly authorized to practice medicine in this state under Chapter 34 of Title 43. (12) 'Psychologist' means any person authorized under the laws of this state to practice as a licensed psychologist as set forth in paragraph (3) of Code Section 43-39-1. (13) 'Regional board' means a regional mental health, mental retardation, and substance abuse board established in accordance with Code Section 37-2-4.1 as that Code section existed on June 30, 2002. (14) 'Regional coordinator' means an employee of the department who acts as the department's agent and designee to manage community and hospital services for consumers of disability services within a mental health,

1328_____GENERAL ACTS AND RESOLUTIONS, VOL. I________
developmental disabilities, and addictive diseases region established in accordance with Code Section 37-2-3. (15) 'Regional office' means a Division of Mental Health, Developmental Disabilities, and Addictive Diseases of the Department of Human Resources office created pursuant to Code Section 37-2-4.1. Such office shall serve as the entity for the administration of disability services in a region. (16) 'Regional planning board' means a mental health, developmental disabilities, and addictive diseases planning board established in accordance with Code Section 37-2-4.1. (17) 'Regional services administrator' means an employee of the department who, under the supervision of the regional coordinator, manages the purchase or authorization of services, or both, for consumers of disability services, the assessment and coordination of services, and ongoing monitoring and evaluation of services provided within a mental health, developmental disabilities, and addictive diseases region established in accordance with Code Section 37-2-3. (18) 'Regional state hospital administrator' means the chief administrative officer of a state owned or state operated hospital and the state owned or operated community programs in a region. The regional state hospital administrator, under the supervision of the regional coordinator, has overall management responsibility for the regional state hospital and manages services provided by employees of the regional state hospital and employees of state owned or operated community programs within a mental health, developmental disabilities, and addictive diseases region established in accordance with Code Section 3 7-2-3. (19) 'Resident' means a person who is a legal resident of the State of Georgia. (20) 'Service area' means a community service area.
37-1-2.
(a) The General Assembly finds that the state has a need to continually improve its system for providing effective, efficient, and quality mental health, developmental disability, and addictive disease services. The General Assembly also finds that the needs of the publicly funded mental health, developmental disability, and addictive disease system and the state can best be met through reorganizing the regional mental health, mental retardation, and substance abuse boards and certain functions of the Department of Human Resources. Further, the General Assembly finds that a comprehensive range of quality services and opportunities is vitally important to the existence and well-being of individuals with mental health, developmental disability, or addictive disease needs and their families. The General Assembly further finds that the state has an obligation and a responsibility to develop and implement planning and service delivery systems which focus on a core set of consumer oriented, community based values and principles which include, but are not limited to, the following:

_____________GEORGIA LAWS 2002 SESSION__________1329
(1) Consumers and families should have choices about services and providers and should have substantive input into the planning and delivery of all services; (2) A single point of accountability should exist for fiscal, service, and administrative issues to ensure better coordination of services among all programs and providers and to promote cost-effective, efficient service delivery and administration; (3) The system should be appropriately comprehensive and adaptive to allow consumers and their families to access the services they desire and need; (4) Public programs are the foundation of the service planning and delivery system and they should be valued and nurtured; at the same time, while assuring comparable standards of quality, private sector involvement should be increased to allow for expanded consumer choice and improved cost effectiveness; (5) Planning should reside at the local level, with the primary authority vested in local government, consumers, families, advocates, and other interested local parties; (6) The system should ensure that the needs of consumers who are most in need are met at the appropriate service levels; at the same time, prevention strategies should be emphasized for those disabilities which are known to be preventable; (7) The system should be designed to provide the highest quality of services utilizing flexibility in funding, incentives, and outcome evaluation techniques which reinforce quality, accountability, efficiency, and consumer satisfaction; (8) The functions of service planning, coordination, contracting, resource allocation, and consumer assessment should be separated from the actual treatment, habilitation, and prevention services provided by contractors; (9) Consumers and families should have a single, community based point of entry into the system; (10) Consumers, staff, providers, and regional planning board and community service board members should receive ongoing training and education and should have access to key management resources such as information systems and technical and professional support services; and (11) The department is responsible for ensuring the appropriate use of state, federal, and other funds to provide quality services for individuals with mental health, developmental disabilities, or addictive disease needs who are served by the public system and to protect consumers ofthese services from abuse and maltreatment. (b) Local governments, specifically county governing authorities, have provided outstanding leadership and support for mental health, developmental disability, and addictive disease programs, and the General Assembly finds that their investments, both personal and capital, should be valued and utilized in any improved system. As such, the state and any new governing structure should take special precautions to ensure that the county governing authorities have an expanded level of input into decision making and resource allocation and that any

1330_____GENERAL ACTS AND RESOLUTIONS, VOL. I_______
services or programs should continue to use and expand their use of county facilities and resources wherever appropriate and possible, (c) The purpose of this chapter and Chapter 2 of this title is to provide for a comprehensive and improved mental health, developmental disability, and addictive disease services planning and delivery system in this state which will develop and promote the essential public interests of the state and its citizens. The provisions of this chapter and Chapter 2 of this title shall be liberally construed to achieve their purposes.
ARTICLE 2
37-1-20.
(a) The Division of Mental Health, Developmental Disabilities, and Addictive Diseases shall be a division of the department and shall be managed by a director whose qualifications meet standards set by the board. (b) The department, through the division, shall:
(1) Establish, administer, and supervise the state programs for mental health, developmental disabilities, and addictive diseases; (2) Direct, supervise, and control the medical and physical care, treatment, and rehabilitation provided by the institutions and programs under its control, management, or supervision; (3) Have authority to contract for services with: community service boards, private agencies, and other public entities for the provision of services within a service area so as to provide an adequate array of services, choice of providers for consumers, and to comply with the applicable federal laws, rules and regulations related to public or private hospitals; hospital authorities; medical schools, and training and educational institutions; departments and agencies of this state; county or municipal governments; any person, partnership, corporation, or association, whether public or private; the United States government or the government of any other state; (4) Establish and support programs for the training of professional and technical personnel as well as regional planning boards and community service boards; (5) Have authority to conduct research into the causes and treatment of disability and into the means of effectively promoting mental health; (6) Assign specific responsibility to one or more units of the division for the development of a disability prevention program. The objectives of such program shall include, but are not limited to, monitoring of completed and ongoing research related to the prevention of disability, implementation of programs known to be preventive, and testing, where practical, of those measures having a substantive potential for the prevention of disability; (7) Establish a system for regional administration of mental health, developmental disability, and addictive disease services in institutions and in the community under the supervision of a regional coordinator;

____________GEORGIA LAWS 2002 SESSION__________1331
(8) Make and administer budget allocations to regional offices of the division established by the board pursuant to Code Section 37-2-4.1, to fund the operation of mental health, developmental disabilities, and addictive diseases facilities and programs; (9) Coordinate in consultation with providers, professionals, and other experts the development of appropriate outcome measures for client centered service delivery systems; (10) Establish, operate, supervise, and staff programs and facilities for the treatment of disabilities throughout this state; (11) Disseminate information about available services and the facilities through which such services may be obtained; (12) Supervise the regional office's exercise of its responsibility and authority concerning funding and delivery of disability services; (13) Supervise the regional offices concerning the receipt and administration of grants, gifts, moneys, and donations for purposes pertaining to mental health, developmental disabilities, and addictive diseases; (14) Supervise the regional offices concerning making contracts with any hospital, community service board, or any public or private providers without regard to regional or state boundaries for the provision of disability services and in making and entering into all contracts necessary or incidental to the performance of the duties and functions of the division and the regional offices; (15) Regulate the delivery of care, including behavioral interventions and medication administration by licensed staff, or certified staff as determined by the division, within residential settings serving only persons who are receiving services authorized or financed, in whole or in part, by the division; and (16) Establish 'community living arrangements' which shall be defined as any residence, whether operated for profit or not, which undertakes through its ownership or management to provide or arrange for the provision of housing, food, one or more personal services, supports, care, or treatment exclusively for two or more persons who are not related to the owner or administrator of the residence by blood or marriage and whose services are financially supported, in whole or in part, by funds authorized through the Division of Mental Health, Developmental Disabilities, and Addictive Diseases of the Department of Human Resources. All community living arrangements, as defined in this paragraph, shall be classified by the department pursuant to subparagraph (A) of paragraph (1) of Code Section 31-7-1 solely for the purposes of being licensed by the department in accordance with the administration, regulation, and enforcement provisions of Chapters 2, 5, and 7 of Title 31. To be eligible for licensing as a community living arrangement, the residence and services provided must be integrated within the local community. (c) The department shall: (1) Establish a unit of the department which shall receive and consider complaints from individuals receiving services, make recommendations to the

1332_____GENERAL ACTS AND RESOLUTIONS, VOL. I________
director of the division regarding such complaints, and ensure that the rights of individuals receiving services are fully protected; (2) Exercise all powers and duties provided for in this title or which may be deemed necessary to effectuate the purposes of this title; and (3) Assign specific responsibility to one or more units of the division for the development of programs designed to serve disabled infants, children, and youth. To the extent practicable, such units shall cooperate with the Georgia Department of Education and the University System of Georgia in developing such programs.
37-1-21.
(a) The department is designated and empowered as the agency of this state responsible for supervision and administrative control of: state facilities for the treatment of mental illness or the habilitation and treatment of individuals with developmental disabilities; state hospitals for the treatment oftubercular patients; programs for the care, custody, and treatment of addictive disease; and other facilities, institutions, or programs which now or hereafter come under the supervision and administrative control of the department. With respect to all such facilities, institutions, or programs the department shall have the following powers and duties:
(1) To create all necessary offices, appoint and remove all officers of such facilities, institutions, or programs, prescribe and change the duties of such officers from time to time, and fix their salaries as provided for by the pay plan covering positions under the State Merit System of Personnel Administration and in accordance with rules and regulations of the State Personnel Board, except that the commissioner shall not be subject to the State Merit System of Personnel Administration or the rules and regulations of the State Personnel Board. The department shall discharge and cause to be prosecuted any officer or other person who shall assault any patient in any of such facilities or institutions or who shall knowingly use toward any such patient any other or greater force than the occasion may require; (2) To refuse or accept and hold in trust for any such facility, institution, or program any grant or devise of land or bequest or donation of money or other property for the particular use specified or, if no use is specified, for the general use of such facility, institution, or program; (3) To bring suit in its name for any claims which any such facility or institution may have, however arising; (4) To appoint police of such facilities, institutions, or programs who are authorized, while on the grounds or in the buildings ofthe respective facilities, institutions, or programs to make arrests with the same authority, power, privilege, and duties as the sheriffs of the respective counties in which such facilities, institutions, or programs are situated. If because of the contagious or infectious nature ofthe disease ofpersons arrested facilities are not available for their detention, such police shall be authorized to confine such persons within the respective facilities, institutions, or programs pending trial as

____________GEORGIA LAWS 2002 SESSION__________1333
provided in other cases. After trial and conviction of any such person, he or she shall be sentenced to serve his or her term of sentence in the secured ward of the facility, institution, or program; and (5) To have full authority to receive patients ordered admitted to such facilities, institutions, or programs pursuant to any law, to receive any voluntary patients, to discharge such patients pursuant to law, to contract with patients or other persons acting on behalf of patients or legally responsible therefor, and in general to exercise any power or function with respect to patients provided by law. It is the intent of the General Assembly to provide always the highest quality of diagnosis, treatment, custody, and care consistent with medical, therapeutic, and habilitative evidence based practice and knowledge. It is the further intent of the General Assembly that the powers and duties of the department with respect to patients shall be administered by persons properly trained professionally for the exercise of their duties, consistent with the intention expressed in this Code section, (b) The board is empowered to prescribe all rules and regulations for the management of such facilities, institutions, and programs not conflicting with the law.
37-1-22. The board shall adopt and promulgate written rules, regulations, and standards as may be deemed necessary to effectuate the purposes of this title and which shall be the basis of state financial participation in mental health, developmental disabilities, and addictive diseases programs.
37-1-23. The board is directed to prescribe rules of practice and procedure in order to implement this chapter. The department and the division are directed to make the board's and the department's rules available for distribution.
37-1-24. No provision in this title shall require the department or any facility or private facility or any community service board to utilize a physician in lieu of a psychologist or a psychologist in lieu of a physician in performing functions under this title even though this title authorizes either a physician or a psychologist to perform the function."
SECTION 1-7. Said title is further amended by striking Article 1 of Chapter 2, relating to general provisions, and inserting in its place the following:

1334______GENERAL ACTS AND RESOLUTIONS, VOL. I ______
"ARTICLE 1
37-2-1.
(a) The State of Georgia recognizes its responsibility for its citizens who are mentally ill or developmentally disabled including individuals with epilepsy, cerebral palsy, autism, and other neurologically disabling conditions or who abuse alcohol, narcotics, or other drugs and recognizes an obligation to such citizens to meet their needs through a coordinated system of community facilities, programs, and services. (b) It is the policy of this state to provide adequate mental health, developmental disability, addictive disease, and other disability services to all its citizens. It is further the policy of this state to provide such services through a unified system which encourages cooperation and sharing of resources among all providers of such services, both governmental and private. (c) It is the purpose of this chapter to enable and encourage the development of comprehensive, preventive, early detection, habilitative, rehabilitative, and treatment disability services; to improve and expand community programs forthe disabled; to provide continuity of care through integration of county, area, regional, and state services and facilities for the disabled; to provide for joint disability services and the sharing of manpower and other resources; and to monitor and restructure the system of providing disability services in the State of Georgia to make better use of the combined public and private resources of the state and local communities. (d) The provisions of this chapter shall be liberally construed to achieve the objectives set forth in this Code section.
37-2-2. As used in this chapter, the term:
(1) 'Addictive disease' means the abuse of, addiction to, or dependence upon alcohol or other drugs and includes substance abuse. (2) 'Community service board' means a public mental health, developmental disabilities, and addictive diseases board established pursuant to Code Section 37-2-6. (3) 'Consumer' means a natural person who has been or is a recipient of disability services as defined in this Code section. (4) 'Developmental disability' includes mental retardation and other neurologically disabling conditions, including epilepsy, cerebral palsy, and autism, which require treatment similar to that for individuals with mental retardation. (5) 'Director' means the director of the Division of Mental Health, Developmental Disabilities, and Addictive Diseases. (6) 'Disability' means:
(A) Mental or emotional illness; (B) Developmental disability; or (C) Addictive disease.

____________GEORGIA LAWS 2002 SESSION__________1335
(7) 'Disability services' means services to the disabled or services which are designed to prevent or ameliorate the effect of a disability. (8) 'Disabled' means any person or persons having a disability. (9) 'Division' means the Division of Mental Health, Developmental Disabilities, and Addictive Diseases of the Department of Human Resources. (10) 'Hospital' means a state owned or state operated facility providing services which include, but are not limited to, inpatient care and the diagnosis, care, and treatment or habilitation of the disabled. Such hospital may also provide or manage state owned or operated programs in the community. (11) 'Regional board' means a regional mental health, mental retardation, and substance abuse board established in accordance with Code Section 37-2-4.1 as that Code section existed on June 30, 2002. (12) 'Regional office' means the Division of Mental Health, Developmental Disabilities, and Addictive Diseases of the Department of Human Resources office created pursuant to Code Section 37-2-4.1. Such office shall be an office of the division which shall serve as the entity for the administration of disability services in a region. (13) 'Regional planning board' means a regional mental health, developmental disabilities, and addictive diseases board established in accordance with Code Section 3 7-2-4.1.
37-2-2.1. The Department of Human Resources shall have a Division of Mental Health, Developmental Disabilities, and Addictive Diseases.
37-2-3.
(a) The board shall designate boundaries for mental health, developmental disabilities, and addictive diseases regions and may modify the boundaries of such regions from time to time as deemed necessary by the board. (b) The division, with the approval of the commissioner, shall designate community service areas, which shall serve as boundaries for the establishment and operation of community service boards within this state for the purpose of delivering disability services. The division shall be authorized to initiate the redesignation of such community service area boundaries and may consider requests from a county or group of counties for recommended changes to the boundaries of the community service areas. (c) To the extent practicable, the boundaries for regional planning boards and offices and community service areas shall not subdivide any county unit or conflict with any districts established by the department and the state relating to the planning for, or delivery of, health services. In dividing the state into areas, the board, the department, and the division shall take into consideration such factors as geographic boundaries, roads and other means of transportation, population concentrations, city and county lines, other relevant community services, and community economic and social relationships. Consideration shall

1336_____GENERAL ACTS AND RESOLUTIONS, VOL. I________
also be given to the existence of facilities and personnel available in the areas for the delivery of disability services.
37-2-4.
(a) The Governor shall appoint, fund, and provide staff assistance to a Governor's Advisory Council for Mental Health, Mental Retardation, and Substance Abuse, referred to in this chapter as the 'Governor's council.' The Governor's council shall consist of no more than 30 and no less than 15 members, who shall be representative of professional and lay individuals, organizations, and state agencies associated or involved with services for the disabled. Such members shall be fairly representative of all disability groups. The term of each member of the Governor's council shall be for three years, provided that of the members first appointed, ten shall be appointed for a term of one year, five for a term of two years, and the remainder, if any, for a term of three years. Vacancies shall be filled by similar appointment for unexpired terms. The director shall be an ex officio, nonvoting member. (b) The Governor's council shall advise the Governor, the board, the department, and the division as to the efficacy of the state disability services programs, the need for legislation relating to the disabled, the need for expansion or reduction of specific disability services programs, and the need for specific changes in the state disability services programs. The Governor's council shall review and prepare written comments on proposed state plans and on standards, rules, and regulations promulgated by the division. Such comments shall be submitted to the director, the board, the commissioner, and to any other individual or agency deemed appropriate. The Governor's council shall further receive and consider complaints and grievances submitted in writing by individuals, associations, or agencies involved with the delivery or receipt of disability services and, if deemed appropriate, shall make recommendations to the Governor, the board, the department, or the division with respect to such complaints or grievances. The Governor's council shall also provide guidance and assistance to the regional planning boards, hospitals, community service boards, and other private or public providers in the performance of their duties.
37-2-4.1. (a) The division shall create regional mental health, developmental disabilities, and addictive diseases offices. The number of these offices may be modified from time to time as deemed necessary by the division. (b) The division shall create a separate regional mental health, developmental disabilities, and addictive diseases planning board for each regional office established under subsection (a) of this Code section. Each board shall provide and facilitate coordinated and comprehensive planning for its region in conformity with minimum standards and procedures established by the division. Each board shall be designated with such identifying words before the term 'regional mental health, developmental disabilities, and addictive diseases

___________GEORGIA LAWS 2002 SESSION__________1337
planning board' as that regional planning board may, from time to time, choose and designate by official action. (c) The powers, functions, obligations, and duties of the regional mental health, mental retardation, and substance abuse boards as they existed on June 30, 2002, are transferred to the department. The department shall succeed to all rights, privileges, entitlements, contracts, leases, agreements, and other transactions of the regional boards which were in effect on June 30, 2002, and none of those rights, privileges, entitlements, contracts, leases, agreements, and other transactions shall be impaired or diminished by reason of such transfer. In all such instances, the department shall be substituted for such regional board and the department shall succeed to the rights and duties under such contracts, leases, agreements, and other transactions.
37-2-5.
(a) Each regional planning board shall engage in disability services planning within its region and shall perform such other functions as may be provided or authorized by law. (b) Membership on the regional planning board within an established region shall be determined as follows:
(1) Each county with a population of 50,000 or less according to the United States decennial census of 1990 or any future such census shall appoint one member to the board; (2) Each county with a population of more than 50,000 according to the United States decennial census of 1990 or any future such census shall appoint one member for each population increment of 50,000 or any portion thereof; (3) The appointment or appointments for each county shall be made by the county governing authority; and (4) The county governing authority shall appoint a consumer of disability services, a family member of a consumer, an advocate for disability services, or a local leader or business person with an interest in mental health, developmental disabilities, and addictive diseases; provided, however, that for counties with more than one appointment, the county governing authority shall seek to ensure that such appointments represent various groups and disability services. (b.l) A county governing authority may appoint the school superintendent, a member of the board of health, a member of the board of education, or any other elected or appointed official to serve on the regional planning board, provided that such person meets the qualifications ofparagraph (4) ofsubsection (b) ofthis Code section, such person does not serve on a community service board, and such appointment does not violate the provisions of Chapter 10 of Title 45. (b.2)( 1) A person shall not be eligible to be appointed to or serve on a regional planning board if such person is:
(A) A member of the community service board which serves that region; or (B) An employee or board member of a private or public entity which contracts with the department, through the division, to provide mental

1338_____GENERAL ACTS AND RESOLUTIONS, VOL. I________
health, developmental disabilities, or addictive diseases services within the region; or (C) An employee of such regional office or employee or board member of any private or public group, organization, or service provider which contracts with or receives funds from such regional office. (2) A person shall not be eligible to be appointed to or serve on a regional planning board if such person's spouse, parent, child, or sibling is a member of that regional planning board or a member, employee, or board member specified in subparagraph (A), (B), or (C) of paragraph (1) of this subsection. No person who has served a full term or more on a regional board or regional planning board may be appointed to a community service board until a period of at least two years has passed since the time such person served on the regional board or the regional planning board. No person who has served on a regional board and who becomes a member of a regional planning board on June 30, 2002, may be appointed to a community service board until a period of at least two years has passed since the time such person has served on the regional planning board. (c) In making appointments to the regional planning board, the various county governing authorities shall ensure that appointments are reflective ofthe cultural and social characteristics, including gender, race, ethnic, and age characteristics, of the regional and county populations. The county governing authorities are further encouraged to ensure that each disability group is viably represented on the regional planning board, and in so doing the county governing authority may consider suggestions for appointments from clinical professional associations as well as advocacy groups, including but not limited to the Georgia Mental Health Consumer Network, People First of Georgia, the Georgia Parent Support Network, National Alliance for the Mentally 111 Georgia, the American Association for Retired Persons, Georgians for Children, the National Mental Health Association of Georgia, Georgia ARC Network, and the Georgia Council on Substance Abuse and their local chapters and affiliates. (d)(l) In addition, members of the regional mental health, mental retardation, and substance abuse boards in office on June 30,2002, shall become members of the regional planning board for the area in which they reside on July 1, 2002, and shall serve out the balance of their terms. (2) The initial term of a new member of a regional planning board shall be determined by the commissioner in order to establish staggered terms on the board. At such time as the terms of the members of the board are equally staggered, the term of a member of the regional planning board shall be for a period of three years and until the member's successor is appointed and qualified. A member may serve no more than two consecutive terms. The term of a regional planning board member shall terminate upon resignation, death, or inability to serve due to medical infirmity or other incapacity or such other reasonable condition as the regional planning board may impose under its bylaws. Vacancies on the regional planning board shall be filled in the same manner as the original appointment.

____________GEORGIA LAWS 2002 SESSION _________1339
(e) Prior to August 1, 2002, each regional planning board shall adopt bylaws governing its operation and management. At a minimum, the bylaws shall provide for staggered terms of the board, requirements for an annual meeting to elect officers, a mechanism for ensuring that consumers of disability services and family members of consumers constitute a majority of the appointments to the board, and a mechanism for ensuring that each disability service is equitably represented by appointments to the board. Any board member who serves an initial term of less than three years may be eligible to be reappointed for two full consecutive three-year terms. The chairperson and vice chairperson of the regional planning board shall be elected from among the members of the board to serve a term of one year with the option of reelection for an additional one-year term. The bylaws shall provide for any other officers and their means of selection, as well as any necessary committees or subcommittees of the board. Prior to their adoption by the regional planning board, the bylaws shall be submitted to the division for review and approval. The regional planning board must have the written approval ofthe director ofthe division prior to the adoption of bylaws. (f) The regional planning board shall meet not less than once every two months, beginning on July 1 and continuing through the next June 30, which time frame shall be the fiscal year for each regional planning board. (g) Each member of the regional planning board may, upon approval of the regional coordinator, receive reimbursement for actual expenses incurred in carrying out the duties of such office in conformance with rates and allowances set for state employees by the Office of Planning and Budget and the same mileage allowance for use of a personal car as that received by all other state officials and employees or a travel allowance of actual transportation cost if traveling by public carrier. (h) Each regional planning board which is composed of members who are appointed thereto by the governing authority of only one county shall have a minimum of six members, notwithstanding the provisions of subsection (b) of this Code section, which members shall in all other respects be appointed as provided in this Code section.
37-2-5.1. (a) Each region shall be served by a regional coordinator, who shall be duly qualified and appointed by the director of the division. The regional coordinator shall serve as the supervisor of the regional office, which shall be a unit of the division. The regional coordinator shall serve at the pleasure of the division director. The director of the division shall be authorized to appoint an interim regional coordinator at any time that the position ofregional coordinator is vacant and prior to the appointment of a duly qualified and approved successor. (b) The regional coordinator may appoint such other staff including a regional services administrator and a regional state hospital administrator and personnel to work for the regional office as the division deems necessary and appropriate. The regional coordinator and such staff and personnel shall be employees of the

340______GENERAL ACTS AND RESOLUTIONS, VOL. I_________
division. Expenses for the regional office and planning board, the employment of the regional coordinator, other staff and personnel, and the operation of the regional office shall be funded by the division as funds are appropriated by the General Assembly. The department and the division shall impose limits on the administrative and operating expenditures of the regional office and planning board.
(c)(l) State, federal, and other funds appropriated to the department, the division, or both, and available for the purpose of funding the planning and delivery of disability services shall be distributed in accordance with this subsection. All funds associated with services to clients residing within a given region shall be managed through the division; the term 'all funds' shall include funding for hospitals, community service boards, private and public contracts, and any contracts relating to service delivery for clients within the given region. The division shall establish a funding amount for regions conditioned upon the amount of funds appropriated. The funding amount shall be determined, in part, based on consumer service needs, service and program history, population based funding needs, infrastructure mandates, program efficiency and effectiveness, geographic distances, and other factors affecting the cost and level of service needs within each region. (2) The division shall establish guidelines to ensure that regions receive such funding based on client population, past and future service delivery needs and capabilities, and in consideration of special needs populations, such as homeless and transient populations. The division shall ensure that funds are managed based primarily on services to clients and in compliance with all federal, state, and regulatory requirements. (3) The division, in compliance with the provisions of the General Appropriations Act and other applicable laws, is authorized to move funds to and between community and institutional programs based on need, and the division shall develop appropriate allocation and accounting mechanisms to move funds in a planned and rational manner between hospitals, community service boards, and other providers based on client needs and utilization.
37-2-5.2. (a) Under the supervision of the division, each regional office shall have the following duties and functions:
(1) To prepare, in consultation with consumers and families, community programs, hospitals, other public and private providers, its regional planning board, and appropriate advisory and advocacy groups, an annual plan for the funding and provision of all disability services in the region. The plan shall be submitted to the division at a time and in the manner specified by the division so as to ensure that the plan is a basis for the annual appropriations request; (2) To provide, as funds become available, for consumer assessment and service authorization and coordination for each consumer receiving services within the region;

___________GEORGIA LAWS 2002 SESSION__________1341
(3) To exercise responsibility and authority as specified in this chapter within the region in all matters relating to the funding and delivery of disability services; (4) To receive and administer grants, gifts, moneys, and donations for purposes pertaining to mental health, developmental disability, and addictive disease services; (5) To enter into contracts on behalf of the division with any hospital, community service board, or other public or private providers without regard to regional or state boundaries for the provision of disability services, and to enter into all contracts on behalf of the division necessary or incidental to the performance of duties and functions of the division and regional office; (6) To encourage the development, in cooperation with the division, of private and public providers of programs and disability services which respond to the needs of consumers and families of consumers within the region; (7) To serve as the representative of the citizens of the area in regard to disability services; (8) To receive and consider complaints and grievances submitted by individuals, associations, or agencies involved with the delivery or receipt of disability services and, if deemed appropriate, to seek resolution, through processes which may include impartial mediation and alternate dispute resolution, of such complaints and grievances with the appropriate hospital, community service board, or other private or public provider of service; (9) To assure the highest achievable level of public awareness and understanding of both available and needed disability services; (10) To visit regularly disability services facilities and programs which serve the region in order to assure contracted providers are licensed and accredited by the designated agencies prescribed by the division, and in order to evaluate the effectiveness and appropriateness of the services, as such services relate to the health, safety, and welfare of service recipients, and to provide technical assistance to programs in delivering services; and (11) To participate with other regional offices and planning boards, the division, the department, local, state, or federal government agencies, educational institutions, and public and private organizations in the coordination of planning, research, service development, and evaluation activities:
(A) To work cooperatively with all units of county and local government, including the county boards of health, within the region; (B) To establish goals and objectives, not inconsistent with those established by the division and the department, for its region; and (C) To participate in the establishment and operation of a data base and network, coordinated by the division, to serve as a comprehensive management information system for disability services and programs. (b) It is the express intent of this chapter to confer upon the regional offices as the administrative entities of the division the flexibility and authority necessary to enter into contracts on behalf of the division with a wide range of public and

1342_____GENERAL ACTS AND RESOLUTIONS, VOL. I________
private providers to ensure that consumers are afforded cost-effective, locally based, and quality disability services. Under the supervision of the division, regional offices are specifically authorized to enter into contracts on behalfofthe division directly with any county governing authority, any disability services organization created or designated by such county governing authority, any county board of health, any private or public provider, or any hospital for the provision of disability services. (c) Each regional office shall account for all funds received, expended, and administered and shall make reports to the division. The audit of such activity shall be part of the annual audit of the department.
37-2-6.
(a) There shall be re-created community mental health, developmental disabilities, and addictive diseases service boards, in conformity with the service areas established pursuant to subsection (b) of Code Section 37-2-3. Each community service board shall be a public corporation and an instrumentality of the state within the boundaries determined under subsection (b) of Code Section 37-2-3 served by the community service board; provided, however, the liabilities, debts, and obligations of a community service board shall not constitute liabilities, debts, or obligations of the state or any county or municipal corporation and neither the state nor any county or municipal corporation shall be liable for any liability, debt, or obligation of a community service board. Each community service board re-created pursuant to this Code section is created for nonprofit and public purposes to exercise essential governmental functions. The re-creation of community service boards pursuant to this Code section shall not alter the provisions of Code Section 37-2-6.2 which shall apply to those re-created community service boards and their employees covered by that Code section and those employees' rights are retained. (b) Each community service board shall consist of members appointed by the county governing authorities from nominations by the boards of health of the counties within the boundaries of the community service board. Membership on such community service board shall be determined as follows:
(1) Each county with a population of 50,000 or less according to the United States decennial census of 1990 or any future such census shall appoint one member to the board; (2) Each county with a population of more than 50,000 according to the United States decennial census of 1990 or any future such census shall appoint one member for each population increment of 50,000 or any portion thereof; (3) The appointment or appointments for each county shall be made by the county governing authority; (4) The county governing authority shall appoint a consumer of disability services, a family member of a consumer, an advocate for disability services, or a local leader or businessperson with an interest in mental health, developmental disabilities, and addictive diseases; provided, however, that for counties with more than one appointment, the county governing authority shall

___________GEORGIA LAWS 2002 SESSION__________1343
seek to ensure that such appointments represent various groups and disability services; (5) The chief executive or a designee of the chief executive of each county governing authority or municipal governing authority which contributes funding or resources which equal or exceed one-half of 1 percent of the budget allocation from the division for disability services within the area governed by the community service board shall serve as an ex officio, voting member of the community service board; and
(6)(A) A person shall not be eligible to be appointed to or serve on a community service board if such person is:
(i) A member of the regional planning board which serves the region in which that community service board is located; (ii) An employee or board member of a public or private entity which contracts with the division to provide mental health, developmental disabilities, and addictive diseases services within the region; or (iii) An employee of that community service board or employee or board member of any private or public group, organization, or service provider which contracts with or receives funds from that community service board. (B) A person shall not be eligible to be appointed to or serve on a community service board if such person's spouse, parent, child, or sibling is a member of that community service board or a member, employee, or board member specified in division (i), (ii), or (iii) of subparagraph (A) of this paragraph. With respect to appointments by the same county governing authority, no person who has served a full term or more on a community service board may be appointed to a regional planning board until a period of at least two years has passed since the time such person served on the community service board, and no person who has served a full term or more on a regional planning board may be appointed to a community service board until a period of at least two years has passed since the time such person has served on the regional planning board. (b.l) A county governing authority may appoint the school superintendent, a member of the board of health, a member of the board of education, or any other elected or appointed official to serve on the community service board provided that such person meets the qualifications ofparagraph (4) of subsection (b) ofthis Code section and such appointment does not violate the provisions of Chapter 10 of Title 45. For terms of office which begin July 1, 1994, or later, an employee of the Department of Human Resources or an employee of a county board of health may not serve on a community service board. (c) In making appointments to the community service board, the various county governing authorities shall ensure that appointments are reflective ofthe cultural and social characteristics, including gender, race, ethnic, and age characteristics, of the regional and county populations. The county governing authorities are further encouraged to ensure that each disability group is viably and capably represented on the community service board, and in making nominations for such

1344_____GENERAL ACTS AND RESOLUTIONS, VOL. I________
appointments the board of health shall consider suggestions from clinical professional associations as well as advocacy groups, including but not limited to the Georgia Mental Health Consumer Network, People First of Georgia, the Georgia Parent Support Network, National Alliance for the Mentally 111 Georgia, the American Association for Retired Persons, Georgians for Children, the National Mental Health Association of Georgia, Georgia ARC Network, and the Georgia Council on Substance Abuse and their local chapters and affiliates. (d) Each county within the boundaries established for the community service board shall be required to participate with the board in the operation of the program through the community service board. Each community mental health, mental retardation, and substance abuse service area in existence on June 30, 1994, shall automatically be succeeded by the community service board for the same region as of July 1, 1994, and each such community service board shall be governed, from and after July 1, 1994, by this chapter. All contractual obligations, including but not limited to real estate leases, rentals, and other property agreements, other duties, rights, and benefits of such service area, or the county board of health involved in administering programs in such area, unless continued by the current service providers, shall automatically become duties, obligations, rights, and benefits of its respective successor community service board or other successor entity. (e) Notwithstanding any other provision of this chapter, a community service board may be constituted in a method other than that outlined in subsection (b) of this Code section if:
(1) A board of health of a county desiring to be the lead county board of health for that county submits a written agreement to the division before July 1,1993, to serve as the community service board and to continue providing disability services in that county after July 1, 1994, and the governing authority for that county adopts a resolution stating its desire to continue the provision of disability services through its board of health after July 1, 1994, and submits a copy of such resolution to the division before July 1, 1993;
(2)(A) The lead county board of health for a community mental health, mental retardation, and substance abuse service area, as designated by the division on July 15,1993, but which area excludes any county which meets the requirements of paragraph (1) of this subsection, submits a written agreement to the division and to all counties within such service area to serve as the community service board for that area and to continue providing disability services after July 1, 1994, which agreement shall be submitted between July 31, 1993, and December 31, 1993; and (B) Each county governing authority which is within the service area of a lead county board of health which has submitted an agreement pursuant to subparagraph (A) of this paragraph adopts a resolution stating its desire to continue the provision of disability services through such lead county board of health after July 1, 1994, and submits a copy of that resolution to the division, the regional board, and the lead county board of health between July 31, 1993, and December 31, 1993; and

____________GEORGIA LAWS 2002 SESSION__________1345
(3) The lead county board of health qualifying as such under paragraph (1) or (2) of this subsection agrees in writing to appoint a director for mental health, mental retardation, and substance abuse other than the director of the county board of health as stipulated in Code Section 31-3-12.1, to appoint an advisory council on mental health, mental retardation, and substance abuse consisting of consumers, families of consumers, and representatives from each of the counties within the boundaries of the community service board, and to comply with all other provisions relating to the delivery of disability services pursuant to this chapter. (f) If the conditions enumerated in subsection (e) of this Code section are not met prior to or on December 31, 1993, a community service board as provided in subsection (b) shall be established and appointed by January 31, 1994, to govern the provision of disability services within the boundaries of the community service board. Such community service board shall have the authority to adopt bylaws and undertake organizational and contractual activities after January 31, 1994; provided, however, that the community service board established pursuant to this Code section may not begin providing services to clients until July 1, 1994. (g) If a community service board is established pursuant to paragraph (2) of subsection (e) of this Code section, such community service board must operate as established at least until June 30,1996; provided, however, that in each fiscal year following June 30,1996, the counties included under the jurisdiction of such a community service board may vote to reconstitute the community service board pursuant to the provisions of subsection (b) of this Code section by passage of a resolution by a majority of the county governing authorities within the jurisdiction of the community service board prior to January 1,1997, or each year thereafter. (h) Each community service board shall be responsible for adopting bylaws and operational policies and guidelines in conformity with procedures established by the division. Those bylaws shall address board appointment procedures, initial terms of board members, the staggering of terms, quorum, a mechanism for ensuring that consumers of disability services and family members of consumers constitute a majority of the appointed board members, and a mechanism for ensuring equitable representation of the various disability groups. The regular term of office for each community service board member shall be two years. Vacancies on such board shall be filled in the same manner as the original appointment. (i) Each community service board which is composed of members who are appointed thereto by the governing authority of only one county shall have a minimum of six members, not including ex officio members, notwithstanding the provisions of subsection (b) of this Code section, which members in all other respects shall be appointed as provided in this Code section, (j) No officer or employee of a community service board who has authority to take, direct others to take, recommend, or approve any personnel action shall take or threaten action against any employee of a community service board as a

1346_____GENERAL ACTS AND RESOLUTIONS, VOL. I_______
reprisal for making a complaint or disclosing information concerning the possible existence of any activity constituting fraud, waste, or abuse in or relating to the programs, operations, or client services of the board to the board or to a member of the General Assembly unless the complaint was made or the information was disclosed with the knowledge that it was false or with willful disregard for its truth or falsity. Any action taken in violation of this subsection shall give the public employee a right to have such action set aside in a proceeding instituted in the superior court. (k) A member of a community service board who after notice that such member has failed to complete any required training prescribed by the department pursuant to paragraph (4) of subsection (b) of Code Section 37-1-20 continues such failure for 30 days may be removed from office by the remaining members of the community service board. (1) A member of a community service board may resign from office by giving written notice to the executive director of the community service board. The resignation is irrevocable after delivery to such executive director but shall become effective upon the date on which the notice is received or on the effective date given by the member in the notice, whichever date is later. The executive director, upon receipt ofthe resignation, shall give notice ofthe resignation to the remaining members of the community service board and to the chief executive officer or governing authority of the county that appointed the member, (m) The office of a member of a community service board shall be vacated upon such member's resignation, death, or inability to serve due to medical infirmity or other incapacity, removal by the community service board as authorized in this Code section, or upon such other reasonable condition as the community service board may impose under its bylaws. (n) A member of a community service board may not enter upon the duties of office until such member takes the following oath of office:
STATE OF GEORGIA COUNTY OF I, _______________, do solemnly swear or affirm that I will truly perform the duties of a member of the _________________ Community Service Board to the best of my ability.
Signature of member of Community Service Board

GEORGIA LAWS 2002 SESSION

1347

Sworn and subscribed before me this ____ day of_________,__. (SEAL)

Typed name of member of _____ Community Service Board

37-2-6.1. (a) Each community service board shall employ an executive director to serve as its chief executive officer. Such executive director shall be appointed and removed by the community service board and shall appoint other necessary staff pursuant to an annual budget adopted by the board, which budget shall provide for securing appropriate facilities, sites, and professionals necessary for the provision of disability services. The community service board may delegate any power, authority, duty, or function to its executive director or other staff. The executive director or other staff is authorized to exercise any power, authority, duty, or function on behalf of the community service board. (b) Each community service board, under the jurisdiction of its board, shall perform duties, responsibilities, and functions and may exercise power and authority described in this subsection. Each program may exercise the following power and authority:
(1) Each community service board may adopt bylaws for the conduct of its affairs; provided, however, that the community service board shall meet at least quarterly, and that all such meetings and any bylaws shall be open to the public, as otherwise required under Georgia law; (2) Each community service board may make and enter into all contracts necessary and incidental to the performance of its duties and functions; (3) Each community service board may acquire and dispose of real and personal property; (4) Each community service board may contract to utilize the services of the Department of Administrative Services, the State Merit System of Personnel Administration, the state auditor, or any other agency of state, local, or federal government; (5) Each community service board may provide, either independently or through contract with appropriate state or local governmental entities, the following benefits to its employees, their dependents, and survivors, in addition to any compensation or other benefits provided to such persons:
(A) Retirement, pension, disability, medical, and hospitalization benefits, through the purchase of insurance or otherwise, but medical and hospitalization benefits may only be provided through the Department of Community Health under the same conditions as provided for such benefits to state employees, and the Department of Community Health shall so provide if requested;

1348_____GENERAL ACTS AND RESOLUTIONS, VOL. I________
(B) Life insurance coverage and coverage under federal old age and survivors' insurance programs; (C) Sick leave, annual leave, and holiday leave; and (D) Any other similar benefits including, but not limited to, death benefits; (6) Each community service board may cooperate with all units of local government within the boundaries of the community service board as well as neighboring regions and with the programs ofother departments, agencies, and regional commissions and regional planning boards; (7) Each community service board shall comply with the provisions of Chapter 20 of Title 45, relating to state personnel administration, and each employee of such board shall be a covered employee as defined in Code Section 45-20-2, subject to the rules and regulations of the state merit system; (8) Each community service board may receive and administer grants, gifts, contracts, moneys, and donations for purposes pertaining to the delivery of disability services; (9) Each community service board may make contracts and establish fees for the provision of disability services; provided, however, that such contract and fees shall be in compliance with guidelines established by the division; (10) Each community service board may accept appropriations or loans of funds, facilities, equipment, and supplies from the local governmental entities within their program boundaries; (11) Each member of the community service board may, upon approval of the executive director, receive reimbursement for actual expenses incurred in carrying out the duties of such office in conformance with rates and allowances set for state employees by the Office of Planning and Budget and the same milage allowance for use of a personal car as that received by all other state officials and employees or a travel allowance of actual transportation cost if traveling by public carrier; (12) Each community service board shall elect a chairperson and vice chairperson from among its membership; and the bylaws of the community service board shall provide for any other officers of such board and the means of their selection, the terms of office of the officers, and an annual meeting to elect officers; (13) Each community service board may have a seal and alter it; (14) Each community service board may contract with the State Merit System of Personnel Administration regarding its personnel who remain in the classified service; and (15) Each community service board may establish fees, rates, rents, and charges for the use of facilities of the community service board for the provision of disability services when approved by the department. (c) Nothing shall prohibit a community service board from contracting with any county governing authority, private or other public provider, or hospital for the provision of disability services. (d) Each community service board exists for nonprofit and public purposes, and it is found and declared that the carrying out of the purposes of each community

___________GEORGIA LAWS 2002 SESSION__________1349
service board is exclusively for public benefit and its property is public property. Thus, no community service board shall be required to pay any state or local ad valorem, sales, use, or income taxes.
37-2-6.2. (a)( 1) Those employees whosejob descriptions, duties, or functions as ofJune 30, 1994, included the performance of employment duties or functions which will become employment duties or functions of the personnel of a community service board on July 1, 1994, shall become employees of the applicable community service boards on and after July 1,1994. Such employees shall be subject to the employment practices and policies of the applicable community service board on and after July 1, 1994. Employees who are subject to the State Merit System of Personnel Administration and who are transferred to a community service board shall retain all existing rights under the State Merit System of Personnel Administration. Retirement rights of such transferred employees existing under the Employees' Retirement System of Georgia or other public retirement systems on June 30, 1994, shall not be impaired or interrupted by the transfer of such employees and membership in any such retirement system shall continue in the same status possessed by the transferred employees on June 30, 1994, without any interruption in membership service and without the loss of any creditable service. For purposes of coverage under the Employees' Retirement System of Georgia, such employees transferred to the community service boards on July 1, 1994, shall be deemed to be state employees. Accrued annual and sick leave possessed by said employees on June 30, 1994, shall be retained by said employees as employees of the community service board. Any person who is granted employment rights and benefits as a member ofa community service board pursuant to this subsection and who later becomes employed, without any break in service, by the division, a hospital thereof, another community service board, a county board of health for which such person provides services pursuant to this title, or a regional board shall retain, in that later employment position, all such rights and benefits. Such rights and benefits shall also be retained by any person who is employed on June 30, 1994, by the division, a hospital thereof, a county board of health for which such person provides services pursuant to this title, or a regional board and who later becomes employed, without any break in service, by a community service board. (2) Classified employees of a community service board under this chapter shall in all instances be employed and dismissed in accordance with rules and regulations of the State Merit System of Personnel Administration. (3) All rights, credits, and funds in the Employees' Retirement System of Georgia which are possessed by personnel transferred by provisions of this Code section to the community service boards are continued and preserved, it being the intention of the General Assembly that such persons shall not lose any rights, credits, or funds to which they may be entitled prior to becoming employees of the community service boards.

1350______GENERAL ACTS AND RESOLUTIONS, VOL. I_________
(b) As to those persons employed by the division, a hospital thereof, or a regional board on June 30, 1994, any termination from state employment after that date of any such person who is a member of the classified service shall not result from the anticipated or actual employment or utilization by:
(1) The department; (2) A regional board; (3) A community service board; (4) A hospital; or (5) Any private provider of disability services of any person who is not an employee of the state or a political subdivision thereof to perform the duties and functions of such terminated state personnel unless such termination and utilization is the result of a reduction in appropriations for such duties or functions or is the result of a reduction in force caused by any other state department or agency which has ceased to contract with the department for the services which had been provided by the terminated state personnel.
37-2-7.
(a) The division shall formulate and publish biennially a state plan for disability services which shall take into account the disability services plans submitted by the regional offices as required by Code Section 37-2-5.2. The state disability services plan shall be comprehensive and shall include public and private institutional and community services to the disabled. In developing the state plan, the division shall request input from the regional offices and planning boards, the community service boards, hospitals, and other public and private providers. The plan shall include an overview of current services and programs and shall also present information on future program, service, educational, and training needs. (b) The plan shall address ways of eliminating, to the extent possible, detrimental delays and interruptions in the administration of disability services when moving an individual from one element of service to another in order to ensure continuity of care and treatment for persons receiving such services. (c) The plan shall further set forth the proposed annual budget of the division and the regions. (d) The plan shall be submitted to the department, the Governor, the General Assembly, the Governor's council, the regional planning boards, the hospitals, the community service boards, and any other public or private provider requesting a copy of the plan. (e) At such time as the state plan is submitted, the division shall further submit an analysis of services provided, programs instituted, progress made, and the extent of implementation of the previous biennial plan. Such analysis shall measure the effectiveness and the efficiency ofthe methods ofdelivering services which ameliorate or prevent disability and restore health. This analysis shall further address the efforts of the division in coordinating services in accordance with Code Section 37-2-9.

____________GEORGIA LAWS 2002 SESSION__________1351
37-2-8. Reserved.
37-2-9.
To the maximum extent possible, disability services provided by the division and the regional offices, hospitals, community service boards, and other public and private providers shall be coordinated with related activities of the department and judicial, correctional, educational, social, and other health service agencies and organizations, both private and public.
37-2-9.1. (a) Each regional planning board and community service board shall comply with the provisions of Chapter 14 of Title 50, relating to open and public meetings, and Article 4 of Chapter 18 of Title 50, relating to inspection of public records, except where records or proceedings are expressly made confidential pursuant to other provisions of law. (b) Each regional office and community service board and other public and private providers are authorized to establish one or more advisory boards for the purpose of ensuring coordination with various agencies and organizations and providing professional and other expert guidance.
37-2-10. (a) Notwithstanding any other provisions of the law, the director with the concurrence of the commissioner and the Governor is authorized to establish and administer community programs on an emergency basis in the event one or more community service boards fail to assume responsibility for the establishment and implementation of an adequate range of disability services or to provide appropriate disability services as determined by the division or substantially breach their contracts with the department pursuant to this chapter. (b) Upon notification by a community service board of an inability to provide an adequate range of disability services or to provide appropriate services, the director, with concurrence of the commissioner and the Governor, may:
(1) Assume responsibility for the administration and operation of all of the community programs operated by or through such board and, in which case, the programs shall become department programs; the department shall acquire the assets of the community service board; and the community service board employees shall become employees of the department; (2) Assume responsibility for the administration and operation of one or more of the community programs operated by or through such board, in which case, such program or programs shall become a department program or programs; the department shall acquire those assets of the community service board assigned to such program or programs; and the employees of such program or programs shall become employees of the department. Any community service board programs not transferred to the department shall continue to be operated

1352_____GENERAL ACTS AND RESOLUTIONS, VOL. I________
by the community service board and the employees for such programs shall remain community service board employees; or (3) Appoint a manager or management team to manage and operate the programs and services of the community service board until such time as a determination has been made that the circumstances or conditions causing the appointment of a manager or management team have been sufficiently corrected. Upon such a determination, the authority to manage and operate the programs and services ofthe community service board shall be returned to the community service board.
37-2-11.
(a) It is the goal of the State of Georgia that every citizen be provided an adequate level of disability care through a unified system of disability services. To this end, the department through the division shall, to the maximum extent possible, allocate funds available for services so as to provide an adequate disability services program available to all citizens of this state. In funding and providing disability services, the division and the regional offices shall ensure that all providers, public or private, meet minimum standards of quality and competency as established by the department and the division. (b) Fees generated, if any, by hospitals, community service boards, and other private and public providers, providing services under contract or purview ofthe regional offices, shall be reported to the regional offices and applied wherever appropriate against the cost ofproviding, and increasing the quantity and quality of, disability services. The division shall be responsible for developing procedures to properly account for the collection, remittance, and reporting of generated fees. The regional offices shall work with the community service boards and other public or private providers to develop an appropriate mechanism for accounting for the funds and resources contributed to local disability services by counties and municipalities within the area. Such contributions are not required to be submitted to either the community service boards or the regional offices; however, appropriate documentation and accounting entries shall make certain that the county or municipality is credited, and if necessary compensated, appropriately for such contribution of funds or resources. (c) No person shall be denied disability services provided by the state as defined in this chapter based on age, gender, race, ethnic origin, or inability to pay.
37-2-11.1. (a) Venue for the purpose of any action against a community service board shall be the county in which the principal office of the community service board is located. For purposes of this Code section, 'principal office' shall be defined as the facility which houses the executive director or other such top administrator for the community service board.

____________GEORGIA LAWS 2002 SESSION__________1353
(b) In any legal proceeding, a regional planning board or the regional office shall be considered a unit of the division and shall be afforded the assistance of legal counsel from the Attorney General.
(c)(l) The community service boards shall be public bodies but shall not be considered agencies of the state or any specific county or municipality. Such community service boards are public agencies in their own right and shall have the same immunity as provided for counties. No county shall be liable for any action, error, or omission of a community service board. Notwithstanding any provisions of law to the contrary, and regardless of any provisions of law which grant employees of the community service boards benefits under programs operated by the state or which deem them to be state employees only for purposes of those benefits, employees of the community service boards shall not be employees of the state but shall be employees of the community service boards and, further, the state shall not be liable for any action, error, or omission of such employees. (2) A community service board may employ or contract for legal counsel to assist in performing its duties and shall be authorized to appoint legal counsel to represent the community service board and its employees. The community service board may exercise any authority granted in Article 2 of Chapter 9 of Title 45, relating to the indemnification, defense, and insuring of members and employees of public bodies.
37-2-11.2. (a) Notwithstanding any other law to the contrary, to ensure the quality and integrity of patient and client care, any program receiving any public funds from, or subject to licensing, certification, or facility approval by, the Department of Human Resources or a regional office shall be required to provide the department or the appropriate regional office or both, upon request, complete access to, including but not limited to authorization to examine and reproduce, any records required to be maintained in accordance with contracts, standards, or rules and regulations of the Department of Human Resources or pursuant to the provisions of this title. (b) Records obtained pursuant to subsection (a) of this Code section shall not be considered public records and shall not be released by the department or any regional office unless otherwise specifically authorized by law. (c) The community service board shall maintain a clinical record for each consumer receiving treatment or habilitation services from such board. The treatment of clinical records of consumers in receiving services for mental illness shall be governed by the provisions of Code Section 37-3-166. The treatment of clinical records of consumers receiving habilitation services for developmental disabilities shall be governed by the provisions of Code Section 37-4-125. The treatment of clinical records of consumers in treatment for addictive diseases shall be governed by the provisions of Code Section 37-7-166."

1354______GENERAL ACTS AND RESOLUTIONS, VOL. I_________
SECTION 1-8. Said title is further amended by striking Article 2 of Chapter 2, relating to administration of mental disability services, and inserting in its place the following:
"ARTICLE 2
37-2-30. As used in this article, the term:
(1) 'Community ombudsman' means a person certified as a community ombudsman pursuant to Code Section 37-2-32. (2) 'Nonprofit corporation' means a nonprofit corporation which is exempt from taxation under Section 501(c)(3) of the Internal Revenue Code of 1986 and which is not a services provider. (3) 'Program' means the community ombudsman program operated pursuant to Code Section 37-2-32. (4) 'Service recipient' means a person with a disability who receives or is eligible to receive disability services from a services provider. (5) 'Services provider' means a community service board or state or local governmental entity which provides disability services to service recipients or any person, corporation, or business which provides disability services to service recipients. (6) 'State ombudsman' means the state ombudsman for mental health, developmental disabilities, and addictive diseases created under Code Section 37-2-31.
37-2-31. There is created the state ombudsman for mental health, developmental disabilities, and addictive diseases who shall be a full-time state employee under the supervision and direction of the consumers' insurance advocate in the Governor's Office of Consumer Affairs under Code Section 33-57-3. The state ombudsman shall have the powers and duties set forth in this article. The state ombudsman shall be a person qualified by training and experience in the field of disability services, have experience advocating for the rights of people with disabilities, and have the skills to perform the duties set forth in this article. The state ombudsman shall be free of a conflict of interest. The state ombudsman shall promote the well-being and quality of life of service recipients and encourage the development of community ombudsman activities at the local level.
37-2-32. The state ombudsman shall contract with one or more nonprofit corporations to operate a community ombudsman program in one or more mental health, developmental disabilities, and addictive diseases regions in this state. A nonprofit corporation shall not be eligible for such contract unless that corporation has experience in complaint resolution for service recipients and

____________GEORGIA LAWS 2002 SESSION__________1355
secures as community ombudsmen only such persons as are certified as such by the state ombudsman. The state ombudsman may certify community ombudsmen and such certified ombudsmen shall have the powers and duties set forth in this article. The state ombudsman shall require such community ombudsmen to receive appropriate training as determined and approved by the state ombudsman prior to certification.
The state ombudsman shall: (1) Establish policies and procedures for receiving, investigating, referring, and attempting to resolve complaints made by or on behalf of service recipients concerning any act, omission to act, practice, policy, or procedure of a services provider that may adversely affect the health, safety, or welfare of any service recipient or the delivery of disability services to such service recipient; (2) Investigate and make reports and recommendations to the department and other appropriate agencies concerning any act or failure to act by any services provider with respect to its responsibilities and duties in connection with service recipients receiving or eligible to receive disability services from such provider; (3) Establish a uniform state-wide reporting system to record data about complaints and conditions with regard to services providers and collect and analyze such data in order to identify significant problems affecting service recipients receiving or eligible to receive disability services from such providers; (4) Promote the development ofcommunity ombudsmen activities and provide technical assistance as necessary; (5) Promote the interests of service recipients before governmental agencies and seek administrative and other remedies to protect the health, safety, welfare, and rights of the service recipients and: (A) Analyze, comment on, and monitor the development and implementation of federal, state, and local laws, regulations, and other governmental policies and actions that pertain to the health, safety, welfare, and rights of the service recipients with respect to the adequacy of disability services in the state; (B) Recommend any changes in such laws, regulations, policies, and actions as the state ombudsman determines to be appropriate; and (C) Facilitate public comment on the laws, regulations, policies, and actions; and (6) Make an annual written report, documenting the types of complaints and problems reported by service recipients and others on their behalf and include recommendations concerning needed policy, regulatory, and legislative changes. The annual report shall be submitted to the Governor and General Assembly and other appropriate agencies and organizations and made available to the public.

1356_____GENERAL ACTS AND RESOLUTIONS, VOL. I_________
37-2-34.
Pursuant to policies and procedures established by the state ombudsman, each community ombudsman shall:
(1) Learn about the general conditions affecting service recipients and work for the best interest of these service recipients; (2) Receive, investigate, and attempt to resolve complaints made by or on behalf of service recipients; (3) Collect data about the number and types of complaints handled; and (4) Report regularly to the state ombudsman about the data collected and the activities of the community ombudsmen.
37-2-35.
(a) The state ombudsman or a community ombudsman, on his or her initiative or in response to complaints made by or on behalf of service recipients, may conduct investigations in matters within his or her powers and duties as provided by this article. (b) The state ombudsman or a community ombudsman shall have the authority to enter any facility, premises, or property where disability services are provided and shall use his or her best efforts to enter such facility, premises, or property during normal business hours. Upon entering such facility, premises, or property, the ombudsman shall notify the administrator or, in the absence of the administrator, the person in charge of such facility, premises, or property before speaking to any service recipient. After notifying the administrator or the person in charge of such facility, premises, or property, the ombudsman may communicate privately and confidentially with service recipients in such facility, premises, or property individually or in groups. The ombudsman shall have access to the medical, social, and disability records of any service recipient if:
(1) The ombudsman has the permission of the service recipient or the legal representative or guardian of the service recipient; (2) The service recipient is unable to consent to the review and has no legal representative or guardian; or (3) There is a guardian ofthe person ofthe service recipient and that guardian refuses to permit access to the records necessary to investigate a complaint, and:
(A) There is reasonable cause to believe that the guardian is not acting in the best interest of the service recipient; and (B) A community ombudsman obtains the approval ofthe state ombudsman. As used in this Code section, the term 'legal representative' means an agent under a valid power of attorney, provided that the agent is acting within the scope of his or her agency; an agent under a durable power of attorney for health care; or an executor, executrix, administrator, or administratrix of the estate of a deceased service recipient. The ombudsman shall have the authority to inspect the physical plant and have access to the administrative records, policies, and documents of the facility, premises, or property to which the service recipients have or the general public has access. Entry and investigation as provided by this

____________GEORGIA LAWS 2002 SESSION__________1357
Code section shall be conducted in a manner which will not significantly disrupt the provision of disability services to service recipients. (c) The state ombudsman or community ombudsman shall identify himself or herself as such to the service recipient, and the service recipient shall have the right to communicate or refuse to communicate with the ombudsman. (d) The service recipient or the service recipient's legal representative shall have the right to participate in planning any course of action to be taken on the service recipient's behalf by the state ombudsman or community ombudsman, and the service recipient or such representative shall have the right to approve or disapprove any proposed action to be taken on the service recipient's behalf by such ombudsman. (e) The state ombudsman or community ombudsman shall have the authority to obtain from any governmental agency or services provider which receives state funds for disability services, and such agency or provider shall provide cooperation and assistance, services, data, and access to, such files and records as will enable the ombudsman properly to perform his or her duties and exercise his or her powers, provided that such information is not privileged under any law. (f) Where the subject of the investigation involves suspected abuse, neglect, or exploitation of a service recipient by his or her guardian, the state ombudsman or community ombudsman shall have the authority to communicate with the service recipient in a private and confidential setting notwithstanding any objection by the guardian to such meeting and communication. (g) The state ombudsman shall advise the service recipient of the need for adequate legal counsel as well as consultation needed to protect the health, safety, welfare, and rights of the service recipient.
37-2-36.
(a) Following an investigation, the state ombudsman or community ombudsman may report his or her opinions or recommendations to the party or parties affected thereby and shall attempt to resolve the complaint using, whenever possible, informal techniques of mediation, conciliation, and persuasion. With respect to a complaint against the services provider, the ombudsman may first notify the administrator or person in charge of that provider in writing and give such person a reasonable opportunity to correct any alleged defect. If so notified and the administrator or person in charge fails to take corrective action after a reasonable amount of time or if the defect seriously threatens the safety or well-being of any service recipient, the state ombudsman or community ombudsman may refer the complaint to the appropriate regional office and any other appropriate agency. (b) Complaints or conditions adversely affecting service recipients which cannot be resolved in the manner described in subsection (a) of this Code section shall, whenever possible, be referred by the state ombudsman or community ombudsman to the appropriate regional office and any other appropriate agency. (c) A community ombudsman shall not disclose to the public, either directly or indirectly, the identity of any services provider which is the subject of an

1358_____GENERAL ACTS AND RESOLUTIONS, VOL. I_______
investigation unless and until the matter has been reviewed by the office of the state ombudsman and the matter has been referred to the appropriate regional office and any other appropriate governmental agency for action.
37-2-37.
Any person who has reasonable cause to believe that a service recipient is being or has been abused, neglected, exploited, or abandoned, is in a condition which is the result of abuse, neglect, exploitation, or abandonment, or is being denied disability services for which such service recipient is eligible may report such information or cause a report to be made in any reasonable manner to the state ombudsman or community ombudsman, if any.
37-2-38.
The identity of any complainant, service recipient on whose behalf a complaint is made, or individual providing information on behalf of the service recipient or complainant relevant to the investigation of a complaint shall be confidential and may be disclosed only with the express permission of such person. The information produced by an investigation may be disclosed by the state ombudsman or community ombudsman only if the identity of any such person is not disclosed by name or inference. If the identity of any such person is disclosed by name or inference in such information, the information may be disclosed only with his or her express permission. If the complaint becomes the subject of ajudicial proceeding, such investigative information may be disclosed for the purpose of the proceeding.
37-2-39. The state ombudsman shall prepare and distribute to each services provider in the state and regional office in which the program is operated a written notice describing the program and the procedure to follow in making a complaint, including the address and telephone number of the state ombudsman and community ombudsman. The administrator or person in charge of such provider shall give the written notice required by this Code section to each service recipient who receives disability services from such provider and his or her legally appointed guardian, if any, upon first providing such services. The administrator or person in charge shall also post such written notice in conspicuous public places in the facility, premises, or property in which disability services are provided in accordance with procedures provided by the state ombudsman and shall give such notice to any service recipient and his or her legally appointed guardian, if any, who did not receive it upon the service recipient's first receiving disability services. The failure to provide the notices required by this Code section shall be a ground upon which the director of the division may impose the civil penalty authorized by paragraph (2) of subsection (c) of Code Section 37-2-40 under the conditions specified in subsection (d) of Code Section 37-2-40.

____________GEORGIA LAWS 2002 SESSION__________1359
37-2-40.
(a) No person shall discriminate or retaliate in any manner against any service recipient or relative or guardian ofa service recipient, any employee ofa services provider, or any other person because of the making of a complaint or the providing of information in good faith to the state ombudsman or community ombudsman. No person shall willfully interfere with the state ombudsman or community ombudsman in the performance of his or her official duties. (b) A member of a regional planning board or community service board who violates subsection (a) of this Code section shall be subject to permanent removal from such board by the director of the division. (c) A services provider which violates subsection (a) of this Code section shall be subject to one or more of the following sanctions which may be imposed by the director of the division:
(1) The termination of any contract for which state funds are received for the provision of disability services if such contract was executed on or after July 1,2002; (2) The payment of a civil penalty not to exceed $5,000.00 for each violation; or (3) Having to suspend without pay for a period of at least two months or terminate any employee of such provider determined to have committed the violation. (d) An action against a member of a regional planning board, community service board, or services provider under this Code section shall be a contested case within Article 1 of Chapter 13 of Title 50, relating to administrative procedure.
37-2-41. Notwithstanding any other provision of law, no person providing information, including but not limited to service recipient records, to the state ombudsman or community ombudsman shall be held, by reason of having provided such information, to have violated any criminal law or to be civilly liable under any law unless such information is false and the person providing such information knew or had reason to believe that it was false.
37-2-42. Any person who, in good faith, makes a complaint or provides information as authorized in this article shall incur no civil or criminal liability therefor. Any state or community ombudsman who, in good faith, performs his or her official duties, including but not limited to making a statement or communication relevant to a complaint received or an investigative activity conducted pursuant to this article, shall incur no civil or criminal liability therefor.
37-2-43. Nothing in this article shall be construed to limit the power of the department to investigate complaints where otherwise authorized by law.

1360______GENERAL ACTS AND RESOLUTIONS, VOL. I_________
37-2-44. The state ombudsman shall promulgate rules and regulations to implement this article."
SECTION 1-9. Said title is further amended by adding following paragraph (14.1) of Code Section 37-3-1, relating to definitions, a new paragraph (14.2) to read as follows:
"(14.2) 'Regional state hospital administrator' means the chief administrative officer of a state owned or state operated hospital and the state owned or operated community programs in a region. The regional state hospital administrator, under the supervision of the regional coordinator, has overall management responsibility for the regional state hospital and manages services provided by employees of the regional state hospital and employees of state owned or operated community programs within a mental health, developmental disabilities, and addictive diseases region established in accordance with Code Section 3 7-2-3."
SECTION 1-10. Said title is further amended by striking paragraph (16) of Code Section 37-3-1, relating to definitions, and inserting in its place the following:
"(16) 'Superintendent' means the chief administrative officer who has overall management responsibility at any facility receiving patients under this chapter, other than a regional state hospital or state owned or operated community program, or an individual appointed as the designee of such superintendent."
SECTION 1-11. Said title is further amended by striking Code Section 37-3-149, relating to establishment of procedures for receiving patients and staff complaints, making of final decisions, establishment of rules and regulations implementing procedures, and complaint procedures as alternative to legal remedies, and inserting in its place the following:
"37-3-149. Each facility shall establish procedures whereby complaints of the patient or complaints of the staff concerning treatment of the patient can be speedily heard, with final decisions to be made by the superintendent, the regional state hospital administrator, or an advisory committee, whichever is appropriate. The board shall establish reasonable rules and regulations for the implementation of such procedures. However, the patient shall not be required to utilize these procedures in lieu of other available legal remedies."
SECTION 1-12. Said title is further amended by striking paragraphs (14) through (16) of Code Section 37-4-2, relating to definitions, and inserting in their place the following:
"(14) 'Person in charge of a client's habilitation' means a superintendent or regional state hospital administrator of a facility, a case manager, or any other

____________GEORGIA LAWS 2002 SESSION__________1361
service provider designated by the department to have overall responsibility for implementation of a client's individualized program plan. The department shall designate such a person for each individual ordered to receive services from the department under this chapter. (14.1) 'Regional state hospital administrator' means the chief administrative officer of a state owned or state operated hospital and the state owned or operated community programs in a region. The regional state hospital administrator, under the supervision of the regional coordinator, has overall management responsibility for the regional state hospital and manages services provided by employees of the regional state hospital and employees of state owned or operated community programs within a mental health, developmental disabilities, and addictive diseases region established in accordance with Code Section 37-2-3. (15) 'Representatives' means the persons appointed as provided in Code Section 37-4-107 to receive any notice under this chapter. (16) 'Superintendent' means the chief administrative officer who has overall management responsibility at any facility, other than a regional state hospital or state owned or operated community program, receiving mentally retarded persons under this chapter or an individual appointed as the designee of such superintendent."
SECTION 1-13. Said title is further amended by striking subsection (b) of Code Section 37-4-108, relating to right of clients or representatives to petition for writ of habeas corpus and for judicial protection of rights and privileges granted by chapter, and inserting in its place the following:
"(b) A client or his or her representatives may file a petition in the appropriate court alleging that the client is being unjustly denied a right or privilege granted by this chapter or that a procedure authorized by this chapter is being abused. An oral statement by a client or his or her representatives to any staff member or other service provider alleging that the client's rights or privileges under this chapter are being violated shall be immediately transmitted to the superintendent, the regional state hospital administrator, or the administrative head of the facility responsible for the client s treatment or the other person in charge of the client's habilitation plan, who shall assist the client in preparing his or her petition under this Code section. Upon the filing of such a petition, the court shall have the authority to conduct a judicial inquiry and to issue appropriate orders to correct any abuse under this chapter."
SECTION 1-14. Said title is further amended by striking Code Section 37-4-109, relating to establishment ofpatients and staffcomplaint procedures, final decisionmakers, right of administrative appeal, and complaint procedures as alternative to legal remedies, and inserting in its place the following:

1362_____GENERAL ACTS AND RESOLUTIONS, VOL. I________
"37-4-109.
The department shall establish procedures whereby complaints of the client or complaints of the staff concerning admission, treatment, or habilitation can be speedily heard. Clients shall receive reasonable notice of such procedures. Final decisions shall be made by the superintendent, the regional state hospital administrator, or an advisory committee, whichever is appropriate, with the right of appeal to the director of the Division of Mental Health, Developmental Disabilities, and Addictive Diseases or his or her designee. The board shall establish rules and regulations for the implementation of such procedures. However, the client shall not be required to utilize these procedures in lieu of other available legal remedies."
SECTION 1-15. Said title is further amended by striking paragraphs (17.1) through (19) of Code Section 37-7-1, relating to definitions, and inserting in their respective places the following:
"(17.1) 'Psychologist' means a licensed psychologist who meets the criteria of training and experience as a health service provider psychologist as provided in Code Section 31-7-162. (17.2) 'Regional state hospital administrator' means the chief administrative officer of a state owned or state operated hospital and the state owned or operated community programs in a region. The regional state hospital administrator, under the supervision of the regional coordinator, has overall management responsibility for the regional state hospital and manages services provided by employees of the regional state hospital and employees of state owned or operated community programs within a mental health, developmental disabilities, and addictive diseases region established in accordance with Code Section 37-2-3. (18) 'Representatives' means the persons appointed as provided in Code Section 37-7-147 to receive notice of the proceedings for voluntary or involuntary treatment. (19) 'Superintendent' means the chief administrative officer who has overall management responsibility at any facility, other than a regional state hospital or state owned or operated community program, receiving patients under this chapter or an individual appointed as the designee of such superintendent."
SECTION 1-16. Said title is further amended by striking Code Section 37-7-149, relating to establishment ofpatients and staffcomplaint procedures, making of final decisions, and complaint procedures as alternative to legal remedies, and inserting in its place the following:
"37-7-149.
Each facility shall establish procedures whereby complaints of the patient or complaints of the staff concerning treatment of the patient can be speedily heard, with final decisions to be made by the superintendent, the regional state hospital

____________GEORGIA LAWS 2002 SESSION__________1363
administrator, or an advisory committee, whichever is appropriate. The board shall establish reasonable rules and regulations for the implementation of such procedures. However, the patient shall not be required to utilize these procedures in lieu of other available legal remedies."
SECTION 1-17. Said title is further amended by striking paragraph (6) of Code Section 37-9-2, relating to definitions, and inserting in its place the following:
"(6) 'State hospital' means any state hospital which now or hereafter comes under the control of the Division of Mental Health, Developmental Disabilities, and Addictive Diseases of the department and any facility operated in conjunction therewith."
SECTION 1-18. Each of the following Code sections is amended by striking "superintendent" or "superintendent's" wherever those words appear and inserting in their respective places "regional state hospital administrator" or "regional state hospital administrator's":
(1) Code Section 37-3-7, relating to abandoning or leaving patients on grounds of psychiatric hospital; (2) Code Section 37-3-103, relating to procedure for transfer of Georgia residents from out-of-state hospitals to Georgia hospitals; (3) Code Section 3 7-3-104, relating to procedure upon discovery that a patient hospitalized in Georgia is not a resident; (4) Code Section 37-4-20, relating to examination of minor children, recommendation ofindividualized program plan ifretardation found, provision plan services by department, and parent's or guardian's request for discharge of child admitted to facility; (5) Code Section 37-4-21, relating to admission of mentally retarded persons to facilities for purposes of temporary supervision and care; (6) Code Section 37-4-22, relating to admission of persons to facilities for dental services; (7) Code Section 37-4-40, relating to filing petition with court for according of program of services to mentally retarded person, order for examination of person by comprehensive evaluation team, report by team, petition hearing, and procedure upon finding that department services are necessary; (8) Code Section 37-4-40.2, relating to admission or discharge of a person in custody of a state facility for temporary care and notice of proposed discharge; (9) Code Section 37-4-41, relating to procedure upon failure of or client's noncompliance with court ordered habilitation program; (10) Code Section 37-4-42, relating to procedure for continuation of court ordered habilitation; (11) Code Section 37-4-63, relating to procedure for transfer of Georgia residents from out-of-state facilities to Georgia facilities;

1364_____GENERAL ACTS AND RESOLUTIONS, VOL. I________
(12) Code Section 37-4-64, relating to procedure upon discovery that a client receiving court ordered services from a Georgia facility is not a resident; (13) Code Section 37-7-103, relating to procedure for transfer of Georgia residents from out-of-state hospitals to Georgia hospitals; and (14) Code Section 37-7-104, relating to procedure upon discovery that a patient hospitalized in Georgia is not a resident.
SECTION 1-19. Each of the following Code sections is amended by striking the word "superintendent" and inserting in its place the words "superintendent or regional state hospital administrator":
(1) Code Section 37-3-144, relating to patients' right to vote; (2) Code Section 37-4-5, relating to validity of hospitalization orders entered before September 1, 1978, and establishment of regulations authorizing continued care for clients receiving services pursuant to orders entered before September 1, 1978; (3) Code Section 37-4-102, relating to right of clients to communicate with persons outside facility and to receive visitors, treatment of client correspondence, and establishment of regulations governing visitation and telephone usage; (4) Code Section 37-4-103, relating to clients' rights in regard to personal effects and liability of facility's employees and staff members for loss of or damage to clients' personal effects; (5) Code Section 37-4-104, relating to clients' right to vote; (6) Code Section 37-4-122, relating to client's care and treatment rights; (7) Code Section 37-4-124, relating to mistreatment, neglect, or abuse of clients prohibited, use ofmedication, physical restraints, or seclusion restricted, and standards for use of physical restraints; (8) Code Section 37-4-125, relating to treatment of clinical records, scope of privileged communications, and liability for disclosure; (9) Code Section 37-4-127, relating to right of client's attorney to interview persons in charge of client's habilitation in a facility and establishment by superintendent of regulations as to release of information to client's attorney; and (10) Code Section 37-7-144, relating to patients' right to vote.
SECTION 1-20. Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to drivers' licenses, is amended by striking subparagraph (g)(l)(B) of Code Section 40-5-64, relating to limited driving permits for certain offenders, and inserting in its place the following:
"(B) Upon receipt of notice from the Division of Mental Health, Developmental Disabilities, and Addictive Diseases of the Department of Human Resources that a permittee who is required to complete a substance abuse treatment program pursuant to Code Section 40-5-63.1 enrolled in but

____________GEORGIA LAWS 2002 SESSION__________1365
failed to attend or complete such program as scheduled, the department shall revoke such person's limited driving permit and, by regular mail to his or her last known address, notify such person of such revocation. Such notice of revocation shall inform the person of the grounds for and effective date of the revocation and of the right to review. The notice of revocation shall be deemed received three days after mailing."
SECTION 1-21. Chapter 18 of Title 45 of the Official Code of Georgia Annotated, relating to employees' insurance and benefits plans, is amended by striking Code Section 45-18-5.2, relating to sheltered employment center employees, and inserting in its place the following:
"45-18-5.2.
The board is authorized to contract with public and private nonprofit sheltered employment centers which contract with or employ persons within the Division ofRehabilitation Services ofthe Department ofLabor and the Division ofMental Health, Developmental Disabilities, and Addictive Diseases of the Department of Human Resources for the inclusion of employees working in the sheltered employment centers within any health insurance plan or plans established under this article. The board is authorized to adopt regulations for entering into any contract. In the event any contract is entered into, it shall be the duty of the sheltered employment center to remit any funds that may be deducted from the earnings or other compensation of such sheltered employees for inclusion in the health insurance fund. In addition, it shall be the duty of the sheltered employment center to make the employer contributions required for the operation of such plan or plans."
SECTION 1-22. Chapter 4A of Title 49 of the Official Code of Georgia Annotated, relating to the Department of Juvenile Justice, is amended by striking subsection (e) of Code Section 49-4A-9, relating to sentence of youthful offenders, modification of order, review, and participation in programs, and inserting in its place the following:
"(e) Any child under 17 years of age who is sentenced in the superior court and committed to the department may be eligible to participate in all youth development center programs and services including community work programs, sheltered workshops, special state sponsored programs for evaluation and services under the Division of Rehabilitation Services of the Department of Labor and the Division of Mental Health, Developmental Disabilities, and Addictive Diseases of the Department of Human Resources, and under the general supervision of youth development center staff at special planned activities outside of the youth development center. When such a child sentenced in the superior court is approaching his or her seventeenth birthday, the department shall notify the court that a further disposition of the child is necessary. The department shall provide the court with information concerning the participation and progress of the child in programs described in this

1366_____GENERAL ACTS AND RESOLUTIONS, VOL. I________
subsection. The court shall review the case and determine if the child, upon becoming 17 years of age, should be placed on probation, have his or her sentence reduced, be transferred to the Department of Corrections for the remainder of the original sentence, or be subject to any other determination authorized by law."
SECTION 1-23. Said title is further amended by striking subsection (b) of Code Section 49-5-220, relating to legislative findings and intent and State Plan for Coordinated System of Care for severely emotionally disturbed children or adolescents, and inserting in its place the following:
"(b) In recognition of the fact that services to these children are provided by several different agencies, each having a different philosophy, a different mandate, and a different source of funding, the General Assembly intends that the Division of Mental Health, Developmental Disabilities, and Addictive Diseases of the Department of Human Resources shall have the primary responsibility for planning, developing, and implementing the coordinated system of care for severely emotionally disturbed children. Further, it recognizes that to enable severely emotionally disturbed children to develop appropriate behaviors and demonstrate academic and vocational skills, it is necessary that the Department of Education provide appropriate education in accordance with P.L. 94-142 and that the Division of Mental Health, Developmental Disabilities, and Addictive Diseases of the Department of Human Resources provide mental health treatment."
SECTION 1-24. Said title is further amended by striking the introductory language of subsection (a) of Code Section 49-5-225, relating to local interagency committees, membership, and function of committees, and inserting in its place the following:
"(a) At least one local interagency committee shall be established for each region of the Division of Mental Health, Developmental Disabilities, and Addictive Diseases of the Department of Human Resources whose permanent membership shall include a local representative from each of the following:".
PART II SECTION 2-1.
Chapter 1 of Title 37 of the Official Code of Georgia Annotated, relating to general provisions, is amended by striking paragraph (4) of Code Section 37-1-1, relating to definitions, and inserting in its place the following:
"(4) 'Community service board' means a public mental health, developmental disabilities, and addictive diseases board established pursuant to Code Section 37-2-6 which provides one or more mental health, developmental disability, and addictive disease services through contract with the department. Such community service board may enroll with the department to become a provider

____________GEORGIA LAWS 2002 SESSION__________1367
of specific mental health, developmental disability, and addictive disease services with such services being negotiated and contracted annually with the department."
SECTION 2-2. Chapter 2 of Title 37 of the Official Code of Georgia Annotated, relating to administration of behavioral health and developmental disability services, is amended by striking paragraph (2) of Code Section 37-2-2, relating to definitions, and inserting in its place the following:
"(2) 'Community service board' means a public mental health, developmental disabilities, and addictive diseases board established pursuant to Code Section 37-2-6 which provides one or more mental health, developmental disabilities, and addictive diseases services through contract with the department. Such community service board may enroll with the department to become a provider of specific mental health, developmental disabilities, and addictive diseases services with such services being negotiated and contracted annually with the department."
SECTION 2-3. Said chapter is further amended by striking Code Section 37-2-6, relating to community mental health, mental retardation, and substance abuse service boards, creation, membership, participation of counties, transfer of powers and duties, alternate method of establishment, and bylaws, and inserting in its place the following:
"37-2-6.
(a) Community service boards, created in conformity with the service areas established pursuant to subsection (b) of Code Section 37-2-3, shall provide one or more mental health, developmental disability, and addictive disease services through contract with the department. Such community service boards may enroll with the department to become a provider of specific mental health, developmental disabilities, and addictive diseases services with such services being negotiated and contracted annually with the department. Such boards shall be considered public agencies. Each community service board shall be a public corporation and an instrumentality of the state within the boundaries determined under subsection (b) of Code Section 37-2-3 served by the community service board; provided, however, the liabilities, debts, and obligations of a community service board shall not constitute liabilities, debts, or obligations of the state or any county or municipal corporation and neither the state nor any county or municipal corporation shall be liable for any liability, debt, or obligation of a community service board. Each community service board re-created pursuant to this Code section is created for nonprofit and public purposes to exercise essential governmental functions. The re-creation of community service boards pursuant to this Code section shall not alter the provisions of Code Section 37-2-6.2 which shall apply to those re-created community service boards and

1368_____GENERAL ACTS AND RESOLUTIONS, VOL. I________
their employees covered by that Code section and those employees' rights are retained. (b) Each community service board shall consist of members appointed by the county governing authorities from nominations by the boards of health of the counties within the boundaries of the community service board. Membership on such community service board shall be determined as follows:
(1) Each county with a population of 50,000 or less according to the United States decennial census of 1990 or any future such census shall appoint one member to the board; (2) Each county with a population of more than 50,000 according to the United States decennial census of 1990 or any future such census shall appoint one member for each population increment of 50,000 or any portion thereof; (3) The appointment or appointments for each county shall be made by the county governing authority; (4) The county governing authority shall appoint a consumer of disability services, a family member of a consumer, an advocate for disability services, or a local leader or businessperson with an interest in mental health, developmental disabilities, and addictive diseases; provided, however, that for counties with more than one appointment, the county governing authority shall seek to ensure that such appointments represent various groups and disability services; (5) The chief executive or a designee of the chief executive of each county governing authority or municipal governing authority which contributes funding or resources which equal or exceed one-half of 1 percent of the budget allocation from the division for disability services within the area governed by the community service board shall serve as an ex officio, voting member of the community service board; and
(6)(A) A person shall not be eligible to be appointed to or serve on a community service board if such person is:
(i) A member of the regional planning board which serves the region in which that community service board is located; (ii) An employee or board member of a public or private entity which contracts with the division to provide mental health, developmental disabilities, and addictive diseases services within the region; or (iii) An employee of that community service board or employee or board member of any private or public group, organization, or service provider which contracts with or receives funds from that community service board. (B) A person shall not be eligible to be appointed to or serve on a community service board if such person's spouse, parent, child, or sibling is a member of that community service board or a member, employee, or board member specified in division (i), (ii), or (iii) of subparagraph (A) of this paragraph. With respect to appointments by the same county governing authority, no person who has served a full term or more on a community service board may be appointed to a regional planning board until a period

____________GEORGIA LAWS 2002 SESSION__________1369
of at least two years has passed since the time such person served on the community service board, and no person who has served a full term or more on a regional planning board may be appointed to a community service board until a period of at least two years has passed since the time such person has served on the regional planning board. (b.l) A county governing authority may appoint the school superintendent, a member of the board of health, a member of the board of education, or any other elected or appointed official to serve on the community service board provided that such person meets the qualifications of paragraph (4) of subsection (b) of this Code section and such appointment does not violate the provisions of Chapter 10 of Title 45. For terms of office which begin July 1, 1994, or later, an employee of the Department of Human Resources or an employee of a county board of health may not serve on a community service board. (c) In making appointments to the community service board, the various county governing authorities shall ensure that appointments are reflective of the cultural and social characteristics, including gender, race, ethnic, and age characteristics, of the regional and county populations. The county governing authorities are further encouraged to ensure that each disability group is viably and capably represented on the community service board, and in making nominations for such appointments the board of health shall consider suggestions from clinical professional associations as well as advocacy groups, including but not limited to the Georgia Mental Health Consumer Network, People First of Georgia, the Georgia Parent Support Network, National Alliance for the Mentally 111 Georgia, the American Association for Retired Persons, Georgians for Children, the National Mental Health Association of Georgia, Georgia ARC Network, and the Georgia Council on Substance Abuse and their local chapters and affiliates. (d) Each county within the boundaries established for the community service board shall participate with the board in the operation of the program through the community service board. All contractual obligations, including but not limited to real estate leases, rentals, and other property agreements, other duties, rights, and benefits of the mental health, developmental disabilities, and addictive diseases service areas in existence on December 31,2002, shall continue to exist along with the new powers granted to the community service boards effective January 1,2003. (e) Notwithstanding any other provision of this chapter, a community service board may be constituted in a method other than that outlined in subsection (b) of this Code section if: (1) A board of health of a county desiring to be the lead county board of health for that county submits a written agreement to the division before July 1,1993, to serve as the community service board and to continue providing disability services in that county after July 1, 1994, and the governing authority for that county adopts a resolution stating its desire to continue the provision of disability services through its board of health after July 1, 1994, and submits a copy of such resolution to the division before July 1, 1993; or

1370_____GENERAL ACTS AND RESOLUTIONS, VOL. I_______
(2)(A) The lead county board of health for a community mental health, mental retardation, and substance abuse service area, as designated by the division on July 15,1993, but which area excludes any county which meets the requirements of paragraph (1) of this subsection, submits a written agreement to the division and to all counties within such service area to serve as the community service board for that area and to continue providing disability services after July 1, 1994, which agreement shall be submitted between July 31, 1993, and December 31, 1993; and (B) Each county governing authority which is within the service area of a lead county board of health which has submitted an agreement pursuant to subparagraph (A) of this paragraph adopts a resolution stating its desire to continue the provision of disability services through such lead county board of health after July 1, 1994, and submits a copy of that resolution to the division, the regional board, and the lead county board of health between July 31, 1993, and December 31, 1993; and (3) The lead county board of health qualifying as such under paragraph (1) or (2) of this subsection agrees in writing to appoint a director for mental health, mental retardation, and substance abuse other than the director of the county board of health as stipulated in Code Section 31-3-12.1, to appoint an advisory council on mental health, mental retardation, and substance abuse consisting of consumers, families of consumers, and representatives from each of the counties within the boundaries of the community service board, and to comply with all other provisions relating to the delivery of disability services pursuant to this chapter. (f) If the conditions enumerated in subsection (e) of this Code section are not met prior to or on December 31, 1993, a community service board as provided in subsection (b) shall be established and appointed by January 31, 1994, to govern the provision of disability services within the boundaries of the community service board. Such community service board shall have the authority to adopt bylaws and undertake organizational and contractual activities after January 31, 1994; provided, however, that the community service board established pursuant to this Code section may not begin providing services to clients until July 1, 1994. (g) If a community service board is established pursuant to paragraph (2) of subsection (e) of this Code section, such community service board must operate as established at least until June 30,1996; provided, however, that in each fiscal year following June 30,1996, the counties included under the jurisdiction of such a community service board may vote to reconstitute the community service board pursuant to the provisions of subsection (b) of this Code section by passage of a resolution by a majority of the county governing authorities within the jurisdiction of the community service board prior to January 1,1997, or each year thereafter. (h) Each community service board shall adopt bylaws and operational policies and guidelines in conformity with procedures established by the division. Those bylaws shall address board appointment procedures, initial terms of board

____________GEORGIA LAWS 2002 SESSION__________1371
members, the staggering of terms, quorum, a mechanism for ensuring that consumers of disability services and family members of consumers constitute a majority of the appointed board members, and a mechanism for ensuring equitable representation of the various disability groups. The regular term of office for each community service board member shall be three years. Vacancies on such board shall be filled in the same manner as the original appointment. (i) Each community service board which is composed of members who are appointed thereto by the governing authority of only one county shall have a minimum of six members, not including ex officio members, notwithstanding the provisions of subsection (b) of this Code section, which members in all other respects shall be appointed as provided in this Code section, (j) No officer or employee of a community service board who has authority to take, direct others to take, recommend, or approve any personnel action shall take or threaten action against any employee of a community service board as a reprisal for making a complaint or disclosing information concerning the possible existence of any activity constituting fraud, waste, or abuse in or relating to the programs, operations, or client services of the board to the board or to a member of the General Assembly unless the complaint was made or the information was disclosed with the knowledge that it was false or with willful disregard for its truth or falsity. Any action taken in violation of this subsection shall give the public employee a right to have such action set aside in a proceeding instituted in the superior court. (k) A member of a community service board who after notice that such member has failed to complete any required training prescribed by the department pursuant to paragraph (4) of subsection (b) of Code Section 37-1-20 continues such failure for 30 days may be removed from office by the remaining members of the community service board. (1) A member of a community service board may resign from office by giving written notice to the executive director of the community service board. The resignation is irrevocable after delivery to such executive director but shall become effective upon the date on which the notice is received or on the effective date given by the member in the notice, whichever date is later. The executive director, upon receipt ofthe resignation, shall give notice ofthe resignation to the remaining members of the community service board and to the chief executive officer or governing authority of the county that appointed the member. (m) The office of a member of a community service board shall be vacated upon such member's resignation, death, or inability to serve due to medical infirmity or other incapacity, removal by the community service board as authorized in this Code section, or upon such other reasonable condition as the community service board may impose under its bylaws. (n) A member of a community service board may not enter upon the duties of office until such member takes the following oath of office:

1372_____GENERAL ACTS AND RESOLUTIONS, VOL. I
STATE OF GEORGIA COUNTY OF I, _______________, do solemnly swear or affirm that I will truly perform the duties of a member of the _________________ Community Service Board to the best of my ability.

Signature of member of Community Service Board

Sworn and subscribed before me this _____ day
of_________, __. (SEAL)"

Typed name of member of _____ Community Service Board

SECTION 2-4. Said chapter is further amended by striking subsection (b) of Code Section 37-2-6.1, relating to community service boards, executive director, staff, budget, facilities, powers and duties, exemption from state and local taxation, and inserting in its place the following:
"(b) Each community service board, under the jurisdiction of its board, shall perform duties, responsibilities, and functions and may exercise power and authority described in this subsection. Each program may exercise the following power and authority:
(1) Each community service board may adopt bylaws for the conduct of its affairs; provided, however, that the community service board shall meet at least quarterly, and that all such meetings and any bylaws shall be open to the public, as otherwise required under Georgia law; (2) Each community service board may make and enter into all contracts necessary and incidental to the performance of its duties and functions; (3) Each community service board may acquire by purchase, gift, lease, or otherwise and may own, hold, improve, use, and sell, convey, exchange, transfer, lease, sublease, and dispose of real and personal property of every kind and character, or any interest therein, for its corporate purposes; (4) Each community service board may contract to utilize the services of the Department of Administrative Services, the State Merit System of Personnel Administration, the state auditor, or any other agency of state, local, or federal government; (5) Each community service board may provide, either independently or through contract with appropriate state or local governmental entities, the following benefits to its employees, their dependents, and survivors, in addition to any compensation or other benefits provided to such persons:

__________GEORGIA LAWS 2002 SESSION_________1373
(A) Retirement, pension, disability, medical, and hospitalization benefits, through the purchase of insurance or otherwise, but medical and hospitalization benefits may only be provided through the Department of Community Health under the same conditions as provided for such benefits to state employees, and the Department of Community Health shall so provide if requested; (B) Life insurance coverage and coverage under federal old age and survivors' insurance programs; (C) Sick leave, annual leave, and holiday leave; and (D) Any other similar benefits including, but not limited to, death benefits; (6) Each community service board may cooperate with all units of local government within the boundaries of the community service board as well as neighboring regions and with the programs ofother departments, agencies, and regional commissions and regional planning boards; (7) Each community service board shall comply with the provisions of Chapter 20 of Title 45, relating to state personnel administration, and each employee of such board shall be a covered employee as defined in Code Section 45-20-2, subject to the rules and regulations of the state merit system; (8) Each community service board may receive and administer grants, gifts, contracts, moneys, and donations for purposes pertaining to the delivery of disability services; (9) Each community service board may establish fees for the provision of disability services according to Department of Human Resources and Department of Community Health state-wide standards; (10) Each community service board may accept appropriations, loans of funds, facilities, equipment, and supplies from the local governmental entities within its boundaries; (11) Each member of the community service board may, upon approval of the executive director, receive reimbursement for actual expenses incurred in carrying out the duties of such office in conformance with rates and allowances set for state employees by the Office of Planning and Budget and the same milage allowance for use of a personal car as that received by all other state officials and employees or a travel allowance of actual transportation cost if traveling by public carrier; (12) Each community service board shall elect a chairperson and vice chairperson from among its membership; and the bylaws of the community service board shall provide for any other officers of such board and the means of their selection, the terms of office of the officers, and an annual meeting to elect officers; (13) Each community service board may have a seal and alter it; (14) Each community service board may contract with the State Merit System of Personnel Administration regarding its personnel who remain in the classified service;

1374______GENERAL ACTS AND RESOLUTIONS, VOL. I________
(15) Each community service board may establish fees, rates, rents, and charges for the use of facilities of the community service board for the provision of disability services when approved by the department; (16) Each community service board may borrow money for any business purpose and may incur debt, liabilities, and obligations for any business purpose. A debt, liability, or obligation incurred by a community service board shall not be considered a debt, liability, or obligation of the state or any county or any municipality or any political subdivision of the state. A community service board may not borrow money as permitted by this Code section if the highest aggregate annual debt service requirements of the then current fiscal year or any subsequent year for outstanding borrowings of the community service board, including the proposed borrowing, exceed 1 5 percent ofthe total revenues of the community service board in its fiscal year immediately preceding the fiscal year in which such debt is to be incurred. Interest paid upon such borrowings shall be exempt from taxation by the state or its political subdivisions. A state contract with a community service board shall not be used or accepted as security or collateral for a debt, liability, or obligation of a community service board without the prior written approval of the commissioner; (17) Each community service board, to the extent authorized by law and contract for the funds involved, may carry forward without lapse fund balances and establish operating, capital, and debt reserve accounts from revenues and grants derived from state, county, and all other sources; and (18) Each community service board may operate, establish, or operate and establish facilities deemed by the community service board as necessary and convenient for the administration, operation, or provision of disability services by the community service board and may construct, reconstruct, improve, alter, repair, and equip such facilities to the extent authorized by state and federal law."
SECTION 2-5. Said chapter is further amended by adding to the end of Code Section 37-2-6.1, relating to community service boards, executive director, staff, budget, facilities, powers and duties, exemption from state and local taxation, new subsections (e) through (j) to read as follows:
"(e) A community service board does not have the power to tax, the power to issue general obligation bonds or revenue bonds or revenue certificates, or the power to financially obligate the state or any county or any municipal corporation. (f) A community service board shall not operate any facility for profit. A community service board may fix fees, rents, rates, and charges that are reasonably expected to produce revenues, which, together with all other funds of the community service board, will be sufficient to administer, operate, and provide the following:
(1) Disability services;

____________GEORGIA LAWS 2002 SESSION__________1375
(2) The cost of acquiring, constructing, equipping, maintaining, repairing, and operating its facilities; and (3) The creation and maintenance of reserves sufficient to meet principal and interest payments due on any obligation of the community service board. (g) Each community service board may provide reasonable reserves for the improvement, replacement, or expansion of its facilities and services. Reserves under this subsection shall be subject to the limitations in paragraph (16) of subsection (b) of this Code section. (h) Each county and municipal corporation of this state is authorized to convey or lease property of such county or municipal corporation to a community service board for its public purposes. Any property conveyed or leased to a community services board by a county or municipal corporation shall be operated by such community service board in accordance with this chapter and the terms of the community service board s agreements with the county or municipal corporation providing such conveyance or lease. (i) Each community service board shall keep books of account reflecting all funds received, expended, and administered by the community service board which shall be independently audited annually. (j) When approved by the commissioner, a community service board may create, form, or become a member of a nonprofit corporation, limited liability company, or other nonprofit entity, the voting membership of which shall be limited to community service boards, governmental entities, nonprofit corporations, or a combination thereof, if such entity is created for purposes that are within the powers of the community service board, for the cooperative functioning of its members, or a combination thereof. No community service board, whether or not it exercises the power authorized by this subsection, shall be relieved of compliance with Chapter 14 of Title 50, relating to open and public meetings, and Article 4 of Chapter 18 of Title 50, relating to inspection of public records, unless otherwise provided by law."
SECTION 2-6. Said chapter is further amended by adding following Code Section 37-2-6.2 new Code Sections 37-2-6.3 and 37-2-6.4 to read as follows:
"37-2-6.3.
(a) A community service board is a public body as provided in paragraph (1) of subsection (c) of Code Section 37-2-11.1. (b) A community service board has the power to bring an action in its own name and, to the extent otherwise authorized by law and to the extent not immune from suit, may be sued in its own name. The state and the counties in which the community service board operates shall not be considered a party to or liable under any such litigation. (c) Debts, obligations, and liabilities of a community service board are not, debts, obligations, or liabilities ofthe state or ofthe counties in which such board operates. A community service board is prohibited from entering into debts,

1376_____GENERAL ACTS AND RESOLUTIONS, VOL. I________
obligations, or liabilities which are also debts, obligations, or liabilities of the state or of any county.
37-2-6.4. (a) Notwithstanding any other provisions of this chapter, a community service board may reconstitute or convert its organizational structure in the following ways:
(1) With the approval of the governing board of the community service board and the approval of the county governing authorities of the counties served by the community service board, the community service board may convert to a private nonprofit corporation. So long as the reconstituted organization continues to serve a public purpose as defined by the department, such organization shall be authorized to retain the use of assets, equipment, and resources purchased with state and federal funds by the former community service board. In the event the new private nonprofit fails to serve such public purpose, those assets, equipment, and resources purchased by the former community service board with state and federal funds shall be returned to the department or to an agency designated by the department. For a period ofthree years following the community service board's conversion to a private nonprofit corporation, the private nonprofit corporation shall ensure that consumers of disability services and family members of consumers constitute a majority of the appointed board members and that the various disability groups are equitably represented on the board of the nonprofit corporation; (2) With the approval of the governing board of the community service board and the approval of all of the county governing authorities of the counties served by the community service board, the community service board may convert to a unit of county government. All assets, equipment, and resources of the community service board shall be transferred to the new unit of county government; or (3) With the approval of the governing board of the community service board and the approval of all of the county governing authorities of the counties served by the community service board, the community service board may become a component part of a hospital authority in those counties served by the community service board. So long as the hospital authority continues to serve a public purpose as defined by the department, the hospital authority shall be authorized to retain possession of those assets, equipment, and resources purchased by the community service board with state and federal funds. In the event the hospital authority fails to serve such public purpose, those assets, equipment, and resources purchased by the community service board with state and federal funds shall be returned to the department or to an agency designated by the department. (b) In the event that all county governing authorities of a community service area designated pursuant to subsection (b) of Code Section 37-2-3 concur that a community service board reconstituted pursuant to subsection (a) of this Code section has failed to provide disability services as required, those county

___________GEORGIA LAWS 2002 SESSION_________1377
governing authorities may request that the division coordinate the formation of a new community service board pursuant to Code Section 37-2-6. Upon notification of the request, the division shall assist the county governing authorities in making appointments to the new community service board and establishing bylaws pursuant to Code Section 37-2-6. The division shall make a determination about the disposition of all assets, equipment, and resources purchased with state or federal funding in the possession of the predecessor agency."
PART HI SECTION 3-1.
Section 1-8 of this Act shall become effective only if funds are specifically appropriated for the purposes of this Act in an appropriations Act making specific reference to this Act and shall become effective when funds so appropriated become available for expenditure. The remaining sections of Part I of this Act shall become effective on July 1, 2002. Part II of this Act shall become effective on January 1, 2003.
SECTION 3-2. All laws and parts of laws in conflict with this Act are repealed.
Approved May 16, 2002.

1378______GENERAL ACTS AND RESOLUTIONS, VOL. I______
MOTOR VEHICLES AND TRAFFIC - REGISTRATION OF MOTOR VEHICLES NOT MANUFACTURED TO COMPLY WITH FEDERAL EMISSION AND SAFETY STANDARDS; DEFINITIONS; DISQUALIFICATION FROM OPERATING
COMMERCIAL MOTOR VEHICLE UNDER CERTAIN CIRCUMSTANCES; DISPLAY OF NAMES ON CERTAIN TRUCKS; AUTHORITY OF COMMISSIONER; BONDS AND INSURANCE FOR CERTAIN MOTOR COMMON
CARRIERS; SUSPENSION AN REVOCATION OF CHAUFFEUR'S PERMIT.
Code Sections 40-1-1, 40-2-27, 40-3-29, 40-5-142, 40-5-151, 40-8-9, 40-16-5, 46-1-1, 46-7-12, and 46-7-85.10 Amended.
No. 972 (Senate Bill No. 488).
AN ACT
To regulate commercial motor vehicles and motor common carriers and motor contract carriers; to amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, so as to change certain provisions relating to definitions; to change certain provisions relating to registration of motor vehicles not manufactured to comply with federal emission and safety standards applicable to new motor vehicles; to change certain provisions relating to requirement of compliance with federal safety standards; to change certain provisions relating to definitions relative to commercial drivers licenses; to change certain provisions relating to disqualification from driving and action required after suspending, revoking, or canceling license or nonresident privileges; to change certain provisions relating to display of owner's name on certain trucks; to change certain provisions relating to authority of the commissioner of motor vehicle safety; to amend Title 46 of the Official Code of Georgia Annotated, relating to public utilities and public transportation, so as to change certain provisions relating to definitions; to change certain provisions relating to requirement as to obtaining of security bond, indemnity insurance, or self-insurance before issuance of certificate or permit; to change certain provisions relating to chauffeur's permit and requirements; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, is amended by striking paragraph (17) of Code Section 40-1-1, relating to definitions, and inserting in lieu thereof the following:
"(17) 'Flammable liquid' means any liquid which has a flash point of 141 degrees Fahrenheit or less."

____________GEORGIA LAWS 2002 SESSION__________1379
SECTION 2. Said title is farther amended by striking subsection (a) of Code Section 40-2-27, relating to registration of motor vehicles not manufactured to comply with federal emission and safety standards applicable to new motor vehicles, and inserting in lieu thereof the following:
"(a) No application shall be accepted and no certificate of registration shall be issued to any motor vehicle which was not manufactured to comply with applicable federal emission standards issued pursuant to 42 U.S.C.A. Section 7401 through Section 7642, known as the Clean Air Act, as amended, and applicable federal motor vehicle safety standards issued pursuant to 49 U.S.C.A. Section 30101, et seq., unless and until the United States Customs Service or the United States Department of Transportation has certified that the motor vehicle complies with such applicable federal standards and unless all documents required by the commissioner for processing an application for a certificate of registration or title are printed and filled out in the English language or are accompanied by an English translation."
SECTION 3. Said title is further amended by striking subsection (a) of Code Section 40-3-30, relating to requirement of compliance with federal safety standards, and inserting in lieu thereof the following:
"(a) In addition to the reasons set forth in Code Section 40-3-29, no application shall be accepted and no certificate of title shall be issued to any motor vehicle which was not manufactured to comply with applicable federal motor vehicle safety standards issued pursuant to 49 U.S.C.A. Section 30101, et seq., unless and until the United States Customs Service or the United States Department of Transportation has certified that the motor vehicle complies with such applicable federal standards and unless all documents required by the commissioner for processing an application for a certificate of registration or title are printed and filled out in the English language or are accompanied by an English translation."
SECTION 4. Said title is further amended by striking paragraphs (18) and (22) of Code Section 40-5-142, relating to definitions relative to commercial drivers' licenses, and inserting in lieu thereof the following:
"(18) 'Hazardous materials' has the meaning the term has under 49 U.S.C.A. Section 5101, et seq." "(22) 'Serious traffic violation' means:
(A) Speeding 15 or more miles per hour above the posted speed limit; (B) Reckless driving, as defined under state or local law; (C) Following another vehicle too closely, as defined under state or local law; (D) Improper or erratic lane change which presents a risk to any other vehicle, but not including failure to signal a lane change;

1380_____GENERAL ACTS AND RESOLUTIONS, VOL. I________
(E) A violation, arising in connection with a fatal accident, of state law or a local ordinance, relating to motor vehicle traffic control, excluding parking, weight, length, height, and vehicle defect violations; or (F) A railroad grade crossing violation as defined under state law or local ordinance."
SECTION 5. Said title is further amended by striking subsection (f) of Code Section 40-5-151, relating to disqualification from driving and action required after suspending, revoking, or canceling license or nonresident privileges, and inserting in lieu thereof the following:
"(f)(l) Except as otherwise provided by paragraph (2) of this subsection, any person is disqualified from driving a commercial motor vehicle for a period of not less than 60 days if convicted of two serious traffic violations or 120 days if convicted of three serious traffic violations committed in a commercial motor vehicle arising from separate incidents occurring within a three-year period as measured from the dates of arrests for which convictions were obtained. (2) If the serious traffic violation committed in a commercial motor vehicle is a railroad grade crossing violation, the person shall be disqualified from driving a commercial motor vehicle for a period of not less than 60 days upon the first conviction within a three-year period as measured from the dates of arrests for which convictions were obtained, for not less than 120 days if convicted of two railroad grade crossing violations arising from separate incidents within a three-year period as measured from the dates of arrests for which convictions were obtained, or for not less than one year if convicted of three railroad grade crossing violations arising from separate incidents within a three-year period as measured from the dates of arrests for which convictions were obtained."
SECTION 6. Said title is further amended by striking Code Section 40-8-9, relating to display of owner's name on certain trucks, and inserting in lieu thereof the following:
"40-8-9.
It shall be unlawful to operate in this state any truck or truck tractor having a gross weight of 43,000 or more pounds which does not comply with Chapter 7 of Title 46 or the United States Department of Transportation."
SECTION 7. Said title is further amended by striking subsection (c) of Code Section 40-16-5, relating to authority of the commissioner of motor vehicle safety, and inserting in lieu thereof the following:
"(c) The authority granted to the commissioner pursuant to this Code section shall be exercised at all times in conformity with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act'; provided, however, that regulations

____________GEORGIA LAWS 2002 SESSION__________1381
governing motor common carrier and motor contract carrier safety, commercial driver licensing, and hazardous materials may be adopted by administrative order referencing compatible federal regulations or standards without compliance with the procedural requirements of Chapter 13 of Title 50; provided, further, that such compatible federal regulations or standards shall be maintained on file by the department and made available for inspection and copying by the public, by means including but limited to posting on the department's computer Internet site."
SECTION 8. Title 46 of the Official Code of Georgia Annotated, relating to public utilities and public transportation, is amended in Code Section 46-1-1, relating to definitions, by striking paragraph (7), subparagraph (C) of paragraph (9), and paragraph (11), and inserting in lieu thereof the following:
"(7) 'Household goods' means any personal effects and property used or to be used in a dwelling when a part of the equipment or supplies of such dwelling and such other similar property as the commissioner of motor vehicle safety may provide for by regulation; provided, however, that such term shall not include property being moved from a factory or store except when such property has been purchased by a householder with the intent to use such property in a dwelling and such property is transported at the request of, and with transportation charges paid by, the householder."
"(C) Except as otherwise provided in this subparagraph, the terms 'motor common carrier' and 'motor contract carrier' shall not include:
(i) Motor vehicles engaged solely in transporting school children and teachers to and from public schools and private schools; (ii) Taxicabs, drays, trucks, buses, and other motor vehicles which operate within the corporate limits of municipalities and are subject to regulation by the governing authorities of such municipalities. This exception shall apply to taxicabs and buses even though such vehicles may, in the prosecution oftheir regular business, occasionally go beyond the corporate limits of such municipalities, provided that they do not operate to or from fixed termini outside of such limits and to any dray or truck which operates within the corporate limits of a city and is subject to regulation by the governing authority of such city or by the commissioner of motor vehicle safety and which goes beyond the corporate limits only for the purpose of hauling chattels which have been seized under any court process; (iii) Hotel passenger or baggage motor vehicles when used exclusively for patrons and employees of such hotel; (iv) Motor vehicles operated not for profit with a capacity of 15 persons or less when they are used exclusively to transport elderly and disabled passengers or employees under a corporate sponsored van pool program, except that a vehicle owned by the driver may be operated for profit when such driver is traveling to and from his or her place of work provided each

1382______GENERAL ACTS AND RESOLUTIONS, VOL. I________
such vehicle carrying more than nine passengers maintains liability insurance in an amount of not less than $ 100,000.00 per person and $300,000.00 per accident and $50,000.00 property damage. For the purposes of this division, elderly and disabled passengers are defined as individuals over the age of 60 years or who, by reason of illness, injury, age, congenital malfunction, or other permanent or temporary incapacity or disability, are unable to utilize mass transportation facilities as effectively as persons who are not so affected; (v) Granite trucks, where transportation from quarry to finishing plant involves not crossing more than two counties; (vi) RFD carriers and star-route carriers which carry no more than nine passengers along with carriage of the United States mail, provided that such carriers shall not carry passengers on a route along which another motor common carrier or motor contract carrier ofpassengers has a permit or a certificate to operate; (vii) Motor trucks of railway companies which perform a pick-up and delivery service in connection with their freight train service, between their freight terminals and points not more than ten miles distant, when either the freight terminal or such points, or both, are outside the limits of an incorporated city; (viii) Motor vehicles owned and operated exclusively by the United States government or by this state or any subdivision thereof; (ix) Single source leasing whereby a leasing company whose primary business is leasing vehicles and who operates a fleet of ten or more vehicles provides vehicle equipment and drivers in a single transaction to a private carrier. Such arrangement is presumed to result in private carriage by the shipper if the requirements enumerated below are met and subject only to the commission's transportation safety rules:
(I) The lease must be reduced to writing and a copy maintained on the leased vehicle at all times during the term of the lease; (II) The period for which the lease applies must be no less than 30 days; (III) The lease agreement must provide, and the surrounding facts must reflect, that the leased equipment is exclusively committed to the lessee's use for the term of the lease; (IV) The lease agreement must provide, and the surrounding facts must reflect, that during the term of the lease the lessee accepts, possesses, and exercises exclusive dominion and control over the leased equipment and assumes complete responsibility for the operation of the equipment; (V) The lessee must maintain public liability insurance and accept responsibility to the public for any injury caused in the course of performing the transportation service conducted by the lessee with the equipment during the term of the lease;

________GEORGIA LAWS 2002 SESSION__________1383
(VI) The lessee shall display appropriate identification on all equipment leased by it showing operation by the lessee during the performance of the transportation; (VII) The lessee must accept responsibility for, and bear the cost of, compliance with safety regulations during performance by the lessee of any such transportation services; and (VIII) The lessee must bear the risk of damage to the cargo, subject to any right of action the lessee may have against the lessor for the latter's negligence; (x) Motor vehicles engaged exclusively in the transportation of agricultural or dairy products, or both, between farm, market, gin, warehouse, or mill, whether such motor vehicle is owned by the owner or producer of such agricultural or dairy products or not, so long as the title remains in the producer. For the purposes of this division, the term 'producer' includes a landlord where the relations of landlord and tenant or landlord and cropper are involved. As used in this division, the term 'agricultural products' includes fruit, livestock, meats, fertilizer, wood, lumber, cotton, and naval stores; household goods and supplies transported to farms for farm purposes; or other usual farm and dairy supplies, including products of grove or orchard; poultry and eggs; fish and oysters; and timber or logs being hauled by the owner thereof or the owner's agents or employees between forest and mill or primary place of manufacture; provided, however, motor vehicles with a manufacturer's gross weight rated capacity of 44,000 pounds or more engaged solely in the transportation ofunmanufactured forest products shall be subject to the Georgia Forest Products Trucking Rules which shall be adopted and promulgated by the commissioner of motor vehicle safety only for application to such vehicles and vehicles defined in subparagraph (A) of paragraph (13) of this Code section; provided, further, that pulpwood trailers and pole trailers with a manufacturer's gross weight rated capacity of 10,001 pounds or more engaged solely in the transportation of unmanufactured forest products shall have two amber side marker reflectors on each side of the trailer chassis between the rear of the tractor cab and the rearmost support for the load. All such reflectors shall be not less than four inches in diameter. Such rules and any amendments thereto adopted by the commissioner of motor vehicle safety shall be subject to legislative review in accordance with the provisions of Code Section 46-2-30, and, for the purposes of such rules and any amendments thereto, the Senate Natural Resources Committee and the House Committee on Natural Resources and Environment shall be the appropriate committees within the meaning of said Code Section 46-2-30. The first such rules adopted by the commissioner of motor vehicle safety shall be effective July 1, 1991; (xi) Reserved;

1384_____GENERAL ACTS AND RESOLUTIONS, VOL. I________
(xii) Motor vehicles engaged in compensated intercorporate hauling whereby transportation of property is provided by a person who is a member of a corporate family for other members of such corporate family, provided:
(I) The parent corporation notifies the commissioner of motor vehicle safety of its intent or the intent of one of the subsidiaries to provide the transportation; (II) The notice contains a list of participating subsidiaries and an affidavit that the parent corporation owns directly or indirectly a 100 percent interest in each of the subsidiaries; (III) A copy of the notice is carried in the cab of all vehicles conducting the transportation; and (IV) The transportation entity of the corporate family registers the compensated intercorporate hauling operation with the commissioner of motor vehicle safety, registers and identifies any of its vehicles, and becomes subject to the commissioner's liability insurance and motor common carrier and motor contract carrier and hazardous materials transportation rules. For the purpose ofthis division, the term 'corporate family' means a group of corporations consisting of a parent corporation and all subsidiaries in which the parent corporation owns directly or indirectly a 100 percent interest; (xiii) Vehicles, except limousines, transporting not more than ten persons for hire, except that any operator of such a vehicle is required to register the exempt operation with the commissioner of motor vehicle safety, register and identify any of its vehicles, and become subject to the commissioner s liability insurance and vehicle safety rules; (xiv) Reserved; or (xv) Ambulances." "(11) 'Permit' means a registration permit issued by the commissioner ofmotor vehicle safety authorizing interstate transportation for hire exempt from the jurisdiction of the United States Department of Transportation or intrastate passenger transportation for hire exempt from the jurisdiction of the commissioner of motor vehicle safety or intrastate transportation by a motor carrier of property."
SECTION 9. Said title is further amended by striking Code Section 46-7-12, relating to requirement as to obtaining of security bond, indemnity insurance, or self-insurance before issuance of certificate or permit, and inserting in lieu thereof the following:
"46-7-12.
(a) No certificate or permit shall be issued or continued in operation unless there is filed with the commissioner a certificate of insurance for such applicant or holder on forms prescribed by the commissioner evidencing a policy of indemnity insurance in some indemnity insurance company authorized to do

____________GEORGIA LAWS 2002 SESSION__________1385
business in this state, which policy must provide for the protection, in case of passenger vehicles, of passengers and baggage carried and of the public against injury proximately caused by the negligence of such motor common carrier or motor contract carrier, its servants, or its agents; and, in the case of vehicles transporting freight, to secure the owner or person entitled to recover therefor against loss or damage to such freight for which the motor common carrier or motor contract carrier may be legally liable and for the protection of the public against injuries proximately caused by the negligence of such motor common carrier or motor contract carrier, its servants, or its agents. The commissioner shall determine and fix the amounts of such indemnity insurance and shall prescribe the provisions and limitations thereof; and such insurance shall be for the benefit of and subject to action by any person who shall sustain injury or loss protected thereby. Such certificate shall be filed by the insurer. The failure to file any form required by the commissioner shall not diminish the rights of any person to pursue an action directly against a motor common carrier's or motor contract carrier's insurer. (b) The commissioner shall have power to permit self-insurance, in lieu of a policy of indemnity insurance, whenever in his or her opinion the financial ability of the motor common carrier or motor contract carrier so warrants. (c) It shall be permissible under this article for any person having a cause of action arising under this article to join in the same action the motor common carrier or motor contract carrier and the insurance carrier, whether arising in tort or contract."
SECTION 10. Said title is further amended by striking Code Section 46-7-85.10, relating to chauffeur's permit and requirements, and inserting in lieu thereof the following.
"46-7-85.10.
In order to secure a chauffeur's permit, an applicant must provide the following information on a form provided by the commissioner. The applicant must:
(1) Be at least 18 years of age; (2) Possess a valid Georgia driver's license which is not limited as defined in Code Section 40-5-64; and
(3 )(A) Not have been convicted, been on probation or parole, or served time on a sentence for a period of five years previous to the date of application for the violation of any of the following criminal offenses of this state or any other state or of the United States: criminal homicide, rape, aggravated battery, mayhem, burglary, aggravated assault, kidnapping, robbery, driving a motor vehicle while under the influence of intoxicating beverages or drugs, child molestation, any sex related offense, leaving the scene of an accident, criminal solicitation to commit any of the above, any felony in the commission of which a motor vehicle was used, perjury or false swearing in making any statement under oath in connection with the application for a chauffeur's permit, any law involving violence or theft, or possession, sale, or distribution of narcotic drugs, barbituric acid derivatives, or central

1386_____GENERAL ACTS AND RESOLUTIONS, VOL. I________
nervous system stimulants; provided, however, that all applicants shall be entitled to the full benefits of Article 3 of Chapter 8 of Title 42, relating to first offender probation. (B) If at the time of application the applicant is charged with any of the offenses prescribed in subparagraph (A) of this paragraph, consideration of the application shall be suspended until entry of a plea or verdict or dismissal. (C) If after the issuance of a permit a person is charged with any of the offenses prescribed in subparagraph (A) of this paragraph, the permit shall be suspended pending disposition of such charge. If the person is convicted of such charge, the permit shall be revoked. (D) For purposes of this paragraph, a plea of nolo contendere to any of the offenses set out in this paragraph shall constitute a conviction."
SECTION 11. All laws and parts of laws in conflict with this Act are repealed.
Approved May 16, 2002.
HEALTH - REQUIREMENT TO REPORT CERTAIN ANIMAL DISEASES AND SYNDROMES AUTHORIZED; REQUIREMENT TO REPORT CASES OF BIOTERRORISM AND OTHER CONDITIONS; PUBLIC HEALTH EMERGENCIES.
Code Sections 4-10-12, 31-12-2, 31-12-3, 31-12-4, 35-1-8, 38-3-3, 38-3-51, and 50-13-4 Amended.
Code Sections 4-4-6, 4-10-7.3, 4-11-9.7, 31-12-1.1, and 31-12-2.1 Enacted.
No. 973 (Senate Bill No. 385).
AN ACT
To amend Title 4 of the Official Code of Georgia Annotated, relating to animals, so as to authorize the Commissioner of Agriculture to require the reporting of certain animal diseases and syndromes; to provide for the contents of reports; to provide for the confidentiality of reports; to provide for limited exceptions and for the use of certain data; to provide that certain persons making such reports shall not be liable for civil damages; to provide for penalties and change the provisions relating to certain penalties; to amend Chapter 12 of Title 31 of the Official Code of Georgia Annotated, relating to control of hazardous conditions, preventable diseases, and metabolic disorders, so as to provide definitions of bioterrorism and

____________GEORGIA LAWS 2002 SESSION__________1387
public health emergency; to require health care providers, coroners, and medical examiners to report cases of bioterrorism and other conditions that pose a substantial risk of a public health emergency to the Department of Human Resources and the appropriate county board of health; to establish reporting requirements for pharmacists of increased or unusual prescriptions that may be related to bioterrorism; to require the Department of Human Resources to notify the Department of Public Safety of any potential causes of bioterrorism; to provide for the Department of Human Resources to identify persons exposed to bioterrorism; to authorize the closing and decontamination of facilities that may endanger the public health; to authorize the Department ofHuman Resources to promulgate rules and regulations for the management of a public health emergency and to prepare a public health emergency plan and draft executive order for the declaration of a public health emergency; to provide for referral of rules and regulations related to the management of a public health emergency by the Office of Legislative Counsel to the House of Representatives and Senate Committees on Judiciary; to provide for a penalty for failure to comply with reporting requirements; to authorize the Department of Human Resources to promulgate rules and regulations related to vaccination and quarantine in a public health emergency; to provide for referral of rules and regulations related to vaccination and quarantine in a public health emergency by the Office of Legislative Counsel to the House of Representatives and Senate Committees on Judiciary; to amend Chapter 1 of Title 35 of the Official Code of Georgia Annotated, relating to general provisions related to law enforcement officers and agencies, so as to require law enforcement agencies to report unusual or suspicious health related events to the Department of Human Resources and the appropriate county board of health; to amend Chapter 3 of Title 38 of the Official Code of Georgia Annotated, relating to emergency management, so as to authorize the Governor prior to declaring a state of emergency in the event of a public health emergency to issue a call for a special session of the General Assembly; to compel health care facilities to provide services or the use of their facilities during a public health emergency; to exclude certain firearms from limitations during an emergency; to change the emergency powers ofthe Governor regarding firearms; to authorize the Governor to direct the Department of Human Resources to coordinate the state's response to a public health emergency; to provide for due process procedures related to quarantine or vaccination programs in a public health emergency; 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 4 of the Official Code of Georgia Annotated, relating to animals, is amended by adding a new Code Section 4-4-6 to read as follows:
"4-4-6.
(a) The Commissioner is authorized to declare certain animal diseases and syndromes to be diseases requiring notice and to require the reporting thereof to

1388_____GENERAL ACTS AND RESOLUTIONS, VOL. I_______
the department in a manner and at such times as may be prescribed by the Commissioner. The department shall require that such data be supplied as is deemed necessary and appropriate for the prevention and control of certain diseases and syndromes as are determined by the Commissioner. All such reports and data shall be deemed confidential and shall not be open to inspection by the public; provided, however, that the Commissioner may release such reports and data in statistical form, for valid research purposes, and for other purposes as deemed appropriate by the Commissioner. (b) Any person, including, but not limited to, any veterinarian or veterinary diagnostic laboratory and practice personnel and any person associated with any livestock farm, ranch, sales establishment, transportation, or slaughter, submitting reports or data in good faith to the department in compliance with this Code section shall not be liable for any civil damages therefor. (c) Any person violating any provision of this Code section shall be guilty of a misdemeanor."
SECTION 2. Said title is further amended by adding to Chapter 10 of said title, known as the "Bird Dealers Licensing Act," a new Code Section 4-10-7.3 to read as follows:
"4-10-7.3.
(a) The Commissioner is authorized to declare certain animal diseases and syndromes to be diseases requiring notice and to require the reporting thereof to the department in a manner and at such times as may be prescribed by the Commissioner. The department shall require that such data be supplied as is deemed necessary and appropriate for the prevention and control of certain diseases and syndromes as are determined by the Commissioner. All such reports and data shall be deemed confidential and shall not be open to inspection by the public; provided, however, that the Commissioner may release such reports and data in statistical form, for valid research purposes, and for other purposes as deemed appropriate by the Commissioner. (b) Any person, including, but not limited to, any veterinarian or veterinary diagnostic laboratory and practice personnel and any person associated with any bird dealer regulated by this chapter, submitting reports or data in good faith to the department in compliance with this Code section shall not be liable for any civil damages therefor."
SECTION 3. Said title is further amended by striking Code Section 4-10-12, relating to penalties, and inserting in its place the following:
"4-10-12.
Any person who violates any provision of this chapter shall be guilty of a misdemeanor."

____________GEORGIA LAWS 2002 SESSION__________1389
SECTION 4. Said title is further amended by adding to Article 1 of Chapter 11 of said title, known as the "Georgia Animal Protection Act," a new Code Section 4-11-9.7 to read as follows:
"4-11-9.7.
(a) The Commissioner is authorized to declare certain animal diseases and syndromes to be diseases requiring notice and to require the reporting thereof to the department in a manner and at such times as may be prescribed by the Commissioner. The department shall require that such data be supplied as is deemed necessary and appropriate for the prevention and control of certain diseases and syndromes as are determined by the Commissioner. All such reports and data shall be deemed confidential and shall not be open to inspection by the public; provided, however, that the Commissioner may release such reports and data in statistical form, for valid research purposes, and for other purposes as deemed appropriate by the Commissioner. (b) Any person, including, but not limited to, any veterinarian or veterinary diagnostic laboratory and practice personnel and any person associated with any pet dealer, kennel, animal shelter, or stable, submitting reports or data in good faith to the department in compliance with this Code section shall not be liable for any civil damages therefor."
SECTION 5. Chapter 12 of Title 31 of the Official Code of Georgia Annotated, relating to control of hazardous conditions, preventable diseases, and metabolic disorders, is amended by adding anew Code Section 31-12-1.1 to read as follows:
"31-12-1.1.
As used in this chapter, the term: (1) 'Bioterrorism' means the intentional creation or use of any microorganism, virus, infectious substance, or any component thereof, whether naturally occurring or bioengineered, to cause death, illness, disease, or other biological malfunction in a human, animal, plant, or other living organism in order improperly or illegally to influence the conduct of government, to interfere with or disrupt commerce, or to intimidate or coerce a civilian population. (2) 'Public health emergency' means the occurrence or imminent threat of an illness or health condition that is reasonably believed to be caused by bioterrorism or the appearance of a novel or previously controlled or eradicated infectious agent or biological toxin and poses a high probability of any of the following harms: (A) A large number of deaths in the affected population; (B) A large number of serious or long-term disabilities in the affected population; or (C) Widespread exposure to an infectious or toxic agent that poses a significant risk of substantial future harm to a large number of people in the affected population."

1390_____GENERAL ACTS AND RESOLUTIONS, VOL. I________
SECTION 6. Said chapter is further amended by striking Code Section 31-12-2, relating to reporting disease, confidentiality of information supplied, and immunity from liability as to information supplied, and inserting in its place the following:
"31-12-2.
(a) The department is empowered to declare certain diseases, injuries, and conditions to be diseases requiring notice and to require the reporting thereof to the county board of health and the department in a manner and at such times as may be prescribed. The department shall require that such data be supplied as are deemed necessary and appropriate for the prevention of certain diseases, injuries, and conditions as are determined by the department. All such reports and data shall be deemed confidential and shall not be open to inspection by the public; provided, however, the department may release such reports and data in statistical form or for valid research purposes. (b) A health care provider, coroner, or medical examiner shall report to the department and the county board ofhealth all known or presumptively diagnosed cases of persons harboring any illness or health condition that may be caused by bioterrorism, epidemic or pandemic disease, or novel and highly fatal infectious agents or toxins and that may pose a substantial risk of a public health emergency. Reportable illnesses and conditions include, without limitation, diseases caused by biological agents listed at 42 C.F.R. Part 72, app. A (2000) and any illnesses or conditions identified by the department as potential causes of a public health emergency. (c) A pharmacist shall report to the department and the county board of health any unusual or increased prescription rates, unusual types of prescriptions, or unusual trends in pharmacy visits that may reasonably be believed to be caused by bioterrorism, epidemic or pandemic disease, or novel and highly fatal infectious agents or toxins and that may pose a substantial risk of a public health emergency. (d) Any person, including but not limited to practitioners of the healing arts, submitting in good faith reports or data to the department or county boards of health in compliance with the provisions of this Code section shall not be liable for any civil damages therefor. (e) Whenever the department learns of any case of an unusual illness, health condition, or death, or an unusual cluster of such events, or any other suspicious health related event that it reasonably believes has the potential to be caused by bioterrorism, it shall immediately notify the Department of Public Safety and other appropriate public safety authorities."
SECTION 7. Said chapter is further amended by adding a new Code Section 31-12-2.1 to read as follows:
"31-12-2.1.
(a) The department shall ascertain the existence of any illness or health condition that may be caused by bioterrorism, epidemic or pandemic disease, or novel and

____________GEORGIA LAWS 2002 SESSION__________1391
highly fatal infectious agents or toxins and that may pose a substantial risk of a public health emergency; investigate all such cases to determine sources of infection and to provide for proper control measures; and define the distribution of the illness or health condition. The department shall:
(1) Identify, interview, and counsel, as appropriate, all individuals reasonably believed to have been exposed to risk; (2) Develop information relating to the source and spread of the risk; and (3) Close, evacuate, or decontaminate, as appropriate, any facility and decontaminate or destroy any contaminated materials when the department reasonably suspects that such material or facility may endanger the public health. (b) The department shall promulgate rules and regulations appropriate for management of any public health emergency declared pursuant to the provisions of Code Section 38-3-51, with particular regard to coordination of the public health emergency response of the state pursuant to subsection (i) of said Code section. Such rules and regulations shall be applicable to the activities of all entities created pursuant to Chapter 3 of this title in such circumstances, notwithstanding any other provisions of law. In developing such rules and regulations, the department shall consult and coordinate as appropriate with the Georgia Emergency Management Agency, the Federal Emergency Management Agency, the Georgia Department of Public Safety, the Georgia Department of Agriculture, and the federal Centers for Disease Control and Prevention. The department is authorized, in the course of management of a declared public health emergency, to adopt and implement emergency rules and regulations pursuant to the provisions of subsection (b) of Code Section 50-13-4. Such rules and regulations shall be adopted pursuant to Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' but shall be automatically referred by the Office of Legislative Counsel to the House of Representatives and Senate Committees on Judiciary. (c) The department shall promulgate, prepare, and maintain a public health emergency plan and draft executive order for the declaration of a public health emergency pursuant to Code Section 38-3-51 and Chapter 13 of Title 50. In preparation of such public health emergency plan and draft executive order, the department shall consult and coordinate as appropriate with the Georgia Emergency Management Agency, the Federal Emergency Management Agency, the Georgia Department ofPublic Safety, the Georgia Department ofAgriculture, and the federal Centers for Disease Control and Prevention."
SECTION 8. Said chapter is further amended by striking in its entirety Code Section 31-12-3, relating to power to require immunization, and inserting in its place the following:
"31-12-3.
(a) The department and all county boards of health are empowered to require, by appropriate rules and regulations, persons located within their respective jurisdictions to submit to vaccination against contagious or infectious disease

1392_____GENERAL ACTS AND RESOLUTIONS, VOL. I________
where the particular disease may occur, whether or not the disease may be an active threat. The department may, in addition, require such other measures to prevent the conveyance of infectious matter from infected persons to other persons as may be necessary and appropriate. The department shall promulgate appropriate rules and regulations for the implementation of the provisions of this Code section in the case of a declaration of a public health emergency and shall include provisions permitting consideration of the opinion of a person's personal physician as to whether the vaccination is medically appropriate or advisable for such person. Such rules and regulations shall be adopted pursuant to Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' but shall be automatically referred by the Office of Legislative Counsel to the House of Representatives and Senate Committees on Judiciary. (b) In the absence of an epidemic or immediate threat thereof, this Code section shall not apply to any person who objects in writing thereto on grounds that such immunization conflicts with his religious beliefs."
SECTION 9. Said chapter is further amended by striking in its entirety Code Section 31-12-4, relating to isolation and segregation of diseased persons and quarantine, and inserting in its place the following:
"31-12-4.
The department and all county boards of health may, from time to time, require the isolation or segregation ofpersons with communicable diseases or conditions likely to endanger the health of others. The department may, in addition, require quarantine or surveillance of carriers of disease and persons exposed to, or suspected ofbeing infected with, infectious disease until they are found to be free of the infectious agent or disease in question. The department shall promulgate appropriate rules and regulations for the implementation of the provisions of this Code section in the case of a declaration of a public health emergency. Such rules and regulations shall be adopted pursuant to Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' but shall be automatically referred by the Office of Legislative Counsel to the House of Representatives and Senate Committees on Judiciary."
SECTION 10. Chapter 1 of Title 35 of the Official Code of Georgia Annotated, relating to general provisions related to law enforcement officers and agencies, is amended by adding a new subsection (d) to Code Section 35-1-8, relating to acquisition, collection, classification, and preservation of information assisting in identifying deceased persons and locating missing persons, to read as follows:
"(d) Report any case of an unusual illness, health condition, or death, or an unusual cluster of such events, or any other suspicious health related event to the Department of Human Resources and the appropriate county board of health."

____________GEORGIA LAWS 2002 SESSION__________1393
SECTION 11. Chapter 3 of Title 38 of the Official Code of Georgia Annotated, relating to emergency management, is amended by renumbering paragraphs (1), (2), (3), (4), and (5) of Code Section 38-3-3, relating to definitions, as paragraphs (2), (3), (4), (5), and (7), respectively and adding new paragraphs (1) and (6) to read as follows:
"(1) 'Bioterrorism' means the intentional creation or use of any microorganism, virus, infectious substance, or any component thereof, whether naturally occurring or bioengineered, to cause death, illness, disease, or other biological malfunction in a human, animal, plant, or other living organism in order improperly or illegally to influence the conduct of government, to interfere with or disrupt commerce, or to intimidate or coerce a civilian population." "(6) 'Public health emergency' means the occurrence or imminent threat of an illness or health condition that is reasonably believed to be caused by bioterrorism or the appearance of a novel or previously controlled or eradicated infectious agent or biological toxin and poses a high probability of any of the following harms:
(A) A large number of deaths in the affected population; (B) A large number of serious or long-term disabilities in the affected population; or (C) Widespread exposure to an infectious or toxic agent that poses a significant risk of substantial future harm to a large number of people in the affected population."
SECTION 12. Said chapter is further amended by striking subsection (a) of Code Section 38-3-51, relating to emergency powers of the Governor, termination of emergency, limitations in energy emergency, and immunity, and inserting in its place the following:
"(a) In the event of actual or impending emergency or disaster of natural or human origin, or impending or actual enemy attack, or a public health emergency, within or affecting this state or against the United States, the Governor may declare that a state of emergency or disaster exists. As a condition precedent to declaring that a state of emergency or disaster exists as a result of a public health emergency, the Governor shall issue a call for a special session of the General Assembly pursuant to Article II, Section V, Paragraph VII of the Constitution of Georgia, which session shall convene at 8:00 A.M. on the second day following the date of such declaration for the purpose of concurring with or terminating the public health emergency. The state of emergency or disaster shall continue until the Governor finds that the threat or danger has passed or the emergency or disaster has been dealt with, to the extent that emergency or disaster conditions no longer exist, and terminates the state of emergency or disaster. No state of emergency or disaster may continue for longer than 30 days unless renewed by the Governor. The General Assembly by concurrent resolution may terminate a state of emergency or disaster at any time. Thereupon, the Governor shall by appropriate action end the state of emergency or disaster.

1394_____GENERAL ACTS AND RESOLUTIONS, VOL. I________
SECTION 13. Said chapter is further amended by inserting between paragraphs (4) and (5) of subsection (d) of Code Section 38-3-51, relating to emergency powers of the Governor, termination of emergency, limitations in energy emergency, and immunity, a new paragraph (4.1) to read as follows:
"(4.1) Compel a health care facility to provide services or the use of its facility if such services or use are reasonable and necessary for emergency response. The use of such health care facility may include transferring the management and supervision of the health care facility to the Department of Human Resources for a limited or unlimited period of time not extending beyond the termination of the public health emergency;".
SECTION 14. Said chapter is further amended by striking paragraph (8) of subsection (d) of Code Section 38-3-51 of the Official Code of Georgia Annotated, relating to emergency powers ofthe Governor, termination ofemergency, limitation in energy emergency, and immunity, and inserting in its place the following:
"(8) Suspend or limit the sale, dispensing, or transportation of alcoholic beverages, firearms, explosives, and combustibles; provided, however, that any limitation on firearms under this Code section shall not include an individual firearm owned by a private citizen which was legal and owned by that citizen prior to the declaration of state of emergency or disaster or thereafter acquired in compliance with all applicable laws of this state and the United States; and".
SECTION 15. Said chapter is further amended by striking subsection (i) of Code Section 3 8-3-51, relating to emergency powers of the Governor, termination of emergency, limitations in energy emergency, and immunity, and inserting in its place the following:
"(i)(l) The Governor may direct the Department of Human Resources to coordinate all matters pertaining to the response of the state to a public health emergency including without limitation:
(A) Planning and executing public health emergency assessments, mitigation, preparedness response, and recovery for the state; (B) Coordinating public health emergency responses between state and local authorities; (C) Collaborating with appropriate federal government authorities, elected officials of other states, private organizations, or private sector companies; (D) Coordinating recovery operations and mitigation initiatives subsequent to public health emergencies; (E) Organizing public information activities regarding state public health emergency response operations; and (F) Providing for special identification for public health personnel involved in a public health emergency.

___________GEORGIA LAWS 2002 SESSION_________1395
(2) The following due process procedures shall be applicable to any quarantine or vaccination program instituted pursuant to a declaration of a public health emergency:
(A) Consonant with maintenance of appropriate quarantine rules, the department shall permit access to counsel in person or by such other means as practicable that do not threaten the integrity of the quarantine; (B) An order imposing a quarantine or a vaccination program may be appealed but shall not be stayed during the pendency of the challenge. The burden of proof shall be on the state to demonstrate that there exists a substantial risk of exposing other persons to imminent danger. With respect to vaccination, the state's burden of proof shall be met by clear and convincing evidence. With respect to quarantine, the state' s burden ofproof shall be met by a preponderance of the evidence; (C) An individual or a class may challenge the order before any available judge of the state courts, the superior courts, the Court of Appeals, or the Supreme Court. Such judge, upon attestation of the exigency of the circumstances, may proceed ex parte with respect to the state or may appoint counsel to represent the interests of the state or other unrepresented parties. The judge hearing the matter may consolidate a multiplicity of cases or, on the motion of a party or of the court, proceed to determine the interests of a class or classes. The rules of evidence applicable to civil cases shall be applied to the fullest extent practicable taking into account the circumstances of the emergency. All parties shall have the right to subpoena and cross-examine witnesses, but in enforcement of its subpoena powers the court shall take into account the circumstances of the emergency. All proceedings shall be transcribed to the extent practicable. Filing fees shall be waived and all costs borne by the state; (D) The judge hearing the matter may enter an appropriate order upholding or suspending the quarantine or vaccination order. With respect to vaccination, the order may be applicable on notice to the department or its agents administering the vaccination, or otherwise in the court's discretion. With respect to quarantines, the order shall be automatically stayed for 48 hours; (E) The department or any party may appeal any order within 24 hours to the Court of Appeals, the Supreme Court, or to any available judge thereof in the event that circumstances render a full court unavailable. If the trial judge has proceeded ex parte or with counsel appointed for the state, the trial court shall either direct the filing of an appeal in its order or itself certify the order for appeal. Filing fees for appeal shall be waived, all costs shall be borne by the state, and such appeals shall be heard expeditiously; and (F) No provisions of this paragraph shall be construed to limit or restrict the right of habeas corpus under the laws of the United States. (j) Any individual, partnership, association, or corporation who acts in accordance with an order, rule, or regulation entered by the Governor pursuant to the authority granted by this Code section will not be held liable to any other

1396_____GENERAL ACTS AND RESOLUTIONS, VOL. I_________
individual, partnership, association, or corporation by reason thereof in any action seeking legal or equitable relief."
SECTION 16. Chapter 13 of Title 50 of the Official Code of Georgia Annotated, the "Georgia Administrative Procedure Act," is amended by striking subsection (b) of Code Section 50-13-4, relating to procedural requirements for adoption, amendment, or repeal of rules, emergency rules, limitation on action to contest rules, and legislative override, and inserting in its place the following:
"(b) If any agency finds that an imminent peril to the public health, safety, or welfare, including but not limited to, summary processes such as quarantines, contrabands, seizures, and the like authorized by law without notice, requires adoption of a rule upon fewer than 30 days' notice and states in writing its reasons for that finding, it may proceed without prior notice or hearing or upon any abbreviated notice and hearing that it finds practicable to adopt an emergency rule. Any such rule adopted relative to a public health emergency shall be submitted as promptly as reasonably practicable to the House of Representatives and Senate Committees on Judiciary. The rule may be effective for a period of not longer than 120 days but the adoption of an identical rule under paragraphs (1) and (2) of subsection (a) of this Code section is not precluded; provided, however, that such a rule adopted pursuant to discharge of responsibility under an executive order declaring a state or emergency or disaster exists as a result of a public health emergency, as defined in Code Section 38-3-3, shall be effective for the duration of the emergency or disaster and for a period of not more than 120 days thereafter."
SECTION 17. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 18. All laws and parts of laws in conflict with this Act are repealed.
Approved May 16, 2002.

____________GEORGIA LAWS 2002 SESSION_________1397
ANIMALS - DEFINITION OF "DEAD ANIMALS" AMENDED; DISPOSAL, HAULING, AND TRANSPORTATION OF DEAD ANIMALS REVISED.
Code Sections 4-5-2, 4-5-3, 4-5-5, 4-5-7, 4-5-9, and 4-5-10 Amended.
No. 974 (Senate Bill No. 370).
AN ACT
To amend Chapter 5 of Title 4 of the Official Code of Georgia Annotated, known as the "Dead Animal Disposal Act," so as to change the definition of dead animals that are subject to such chapter; to prohibit certain conduct; to change the provisions relating to the disposal of dead animals and the requirement related thereto; to regulate the hauling or transportation of dead animals; to provide for permits; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Chapter 5 of Title 4 of the Official Code of Georgia Annotated, known as the "Dead Animal Disposal Act," is amended by striking Code Section 4-5-2, relating to the definition of the term "dead animals," and inserting in its place the following:
"4-5-2. As used in this chapter, the term 'dead animals' means the carcasses, parts of carcasses, fetuses, embryos, effluent, or blood of livestock, including, without limitation, cattle, swine, sheep, goats, poultry, ratites, equine, and alternative livestock; pet animals associated with pet dealers, kennels, animal shelters, or bird dealers licensed by the Georgia Department of Agriculture; animals processed by commercial facilities which process animals for human consumption; and animals associated with wildlife exhibitions."
SECTION 2. Said chapter is further amended by striking Code Section 4-5-3, relating to abandonment of dead animals and requirements for disposal, and inserting in its place the following:
"4-5-3. (a) It shall be unlawful for any person who owns or is caring for an animal which has died or has been killed to abandon the dead animal. Such person shall dispose of the dead animal as provided for in this chapter or in rules and regulations adopted pursuant to this chapter. Dead animals shall not be abandoned in wells, open pits, or surface waters of any kind on private or public land. (b) No person shall dispose of a dead animal on the land of another without the permission of the owner of the land.

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(c) Arrangements must be made with a city or county official in order to dispose of a dead animal in a city or county landfill."
SECTION 3. Said chapter is further amended by striking Code Section 4-5-5, relating to methods of disposal of dead animals, and inserting in its place the following:
"4-5-5.
Methods which can be used for disposal of dead animals are burning, incineration, burial, rendering, or any method using appropriate disposal technology which has been approved by the Commissioner of Agriculture. Disposal of dead animals by any of the approved methods must be completed within 24 hours after death or discovery. Dead animals that are buried must be buried at least three feet below the ground level, have not less than three feet of earth over the carcass, and must not contaminate ground water or surface water."
SECTION 4. Said chapter is further amended by striking Code Section 4-5-7, relating to disposal of carcasses and waste material by livestock sales markets and livestock slaughter establishments, and inserting in its place the following:
"4-5-7. (a) Public livestock sales markets, livestock slaughter establishments, poultry dealers, poultry sales establishments, pet dealers, kennels, bird dealers, animal shelters, and stables licensed by the Georgia Department of Agriculture shall have a written, approved method and place for the disposal of all dead animals and all accessory waste material involved in the handling of dead animals which die on or within the premises of such establishments. (b) The Commissioner of Agriculture shall approve the methods and places for disposal of such dead animals and may establish procedures, methods, and permits for disposal of dead animals."
SECTION 5. Said chapter is further amended by striking Code Section 4-5-9, relating to the prohibition of transportation of dead animals, effluent, or parts thereof, and inserting in its place the following:
"4-5-9. The Commissioner ofAgriculture may prohibit or restrict, at his or her discretion, and issue permits for the hauling or transportation of dead animals or types of dead animals and order the destruction thereof in accordance with this chapter."
SECTION 6. Said chapter is further amended by striking Code Section 4-5-10, relating to promulgation of rules and regulations, and inserting in its place the following:
"4-5-10. The Commissioner of Agriculture is authorized to promulgate rules and regulations to implement and accomplish the purposes of this chapter."

____________GEORGIA LAWS 2002 SESSION__________1399
SECTION 7. All laws and parts of laws in conflict with this Act are repealed.
Approved May 16, 2002.
EDUCATION - AFTER-SCHOOL PROGRAMS; INCREASE MAXIMUM AMOUNT OF STATE
GRANT; REVISE METHOD OF CALCULATING FUNDING.
Code Section 20-2-256 Amended.
No. 975 (Senate Bill No. 384).
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 increase the maximum amount of a state grant for certain after-school programs for certain students who have failed courses; to change the method for calculating funding for certain joint after-school programs for students who have previously dropped out of school; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary and secondary education, is amended by striking Code Section 20-2-256, relating to joint after-school programs for at-risk students, and inserting in lieu thereof the following:
"20-2-256. (a) As used in this Code section, the term:
(1) 'After-school program' means any academic program conducted after regular school hours to serve only:
(A) Students who have previously dropped out of school; (B) Students who are in a regular day time school who have previously failed courses; or (C) A combination of students described in subparagraph (A) of this paragraph and subparagraph (B) of this paragraph. (2) 'Course' means an instructional course for which a program count is permissible under Code Section 20-2-160. (3) 'FTE' or 'full-time equivalency' means the program cost obtained under the method described in paragraph (2) of subsection (b) of Code Section 20-2-160.

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(4) 'Student' means a person who is otherwise eligible to be included in a program count under Code Section 20-2-160. (b) Four or more local school systems which jointly establish any after-school program for at-risk students shall be eligible to receive a state grant, not to exceed $225,000.00 per year, which is equal to the amount of direct instructional costs which would be earned by students described in subparagraph (a)(l)(B) of this Code section if they were enrolled in equivalent courses in the remedial education program during the school day and counted as FTE students under the method described in paragraph (2) of subsection (b) of Code Section 20-2-160. No student in the after-school program who is actually included in a regular after-school FTE program count pursuant to Code Section 20-2-160 may be counted in determining the amount of a grant under this Code section. (c) The FTE count for students described in subparagraph (a)( 1 )(A) of this Code section shall be funded at the weight and teacher-student ratio specified for alternative education programs in paragraph (18) of subsection (b) of Code Section 20-2-161. (d) The State Board of Education is directed to prescribe a method of determining full-time equivalency of such programs in keeping with paragraph (2) of subsection (b) of Code Section 20-2-160 and shall calculate the funds needed for such programs as part of its annual budget request."
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.
Approved May 16, 2002.
PENAL INSTITUTIONS - STATE SEXUAL OFFENDER REGISTRY; INFORMATION REQUIRED TO BE SUBMITTED BY SEXUAL OFFENDERS REVISED; PROVISION OF LIST TO LAW ENFORCEMENT AGENCIES HAVING JURISDICTION IN WHICH INSTITUTION OF HIGHER LEARNING IS LOCATED, TO ELEMENTARY AND SECONDARY SCHOOLS, AND TO CHILD CARE AND DAY-CARE PROGRAMS.
Code Section 42-1-12 Amended.
No. 976 (Senate Bill No. 433).
AN ACT
To amend Chapter 1 of Title 42 of the Official Code of Georgia Annotated, relating to the general provisions of penal institutions, so as to change certain provisions

_____________GEORGIA LAWS 2002 SESSION__________1401
relating to the state sexual offender registry; to provide that persons required to be registered as sexual offenders must provide school name, enrollment status, and vocation information; to provide that this additional information be entered into the Georgia Crime Information Center data base; to provide that the Georgia Bureau of Investigation shall establish operating policies and procedures in order to provide prompt notice of offender registration to any law enforcement agency having jurisdiction where an institution of higher education is located; to provide punishments for violators; to require the Department of Education to provide all elementary and secondary schools with a list of registered sexual offenders and information on how to obtain a list of registered sexual offenders from the Georgia Bureau of Investigation's Internet website; to require the Office of School Readiness and the Department of Human Resources to provide child care and day-care programs with information on how to obtain a list of registered sexual offenders from the Georgia Bureau of Investigation's Internet website; 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 42 of the Official Code of Georgia Annotated, relating to the general provisions of penal institutions, is amended in Code Section 42-1-12, relating to the State Sexual Offender Registry, is amended by striking in their entirety subsections (a) through (c) and subsection (h) and inserting in their respective places the following:
"(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. (2.1) 'Change in enrollment status' or 'change in employment status' means the commencement or termination of enrollment or employment. (2.2) 'Change in vocation status' means the commencement or termination of a vocation. (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. Unless otherwise required by federal law, a defendant who is discharged without adjudication of guilt and who is not considered to have a criminal

1402_____GENERAL ACTS AND RESOLUTIONS, VOL. I_________
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 child for 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. (4.1) 'Institution of higher education' means a community college, state university, state college, or independent postsecondary institution. (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.

__________GEORGIA LAWS 2002 SESSION__________1403
(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. (9) 'Vocation' means any sort of full-time, part-time, or volunteer employment with or without compensation exceeding 14 consecutive days or for an aggregate period of time exceeding 30 days during any calendar year.
(b)(l)(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 and vocation, if any; the crime of which convicted; school name and 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 and vocation, if any; the crime ofwhich convicted; school name and address, ifany; 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

1404______GENERAL ACTS AND RESOLUTIONS, VOL. I_________
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 and vocation, if any; the crime of which convicted; school name and 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) of this 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 of the 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 of the behavior and treatment of sexual offenders; at least one representative from a victims' rights advocacy group or agency; and at least two representatives from law enforcement, each of whom is either employed by

_________GEORGIA LAWS 2002 SESSION__________1405
a law enforcement agency as a certified peace officer under Title 35 or retired from such employment. 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 the expired term of that office and shall serve for a term of four years and until the appointment of their 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, vocation address, school name, school address, or enrollment status, the person shall give the new information to the sheriff or sheriffs with whom the person last registered and the sheriff or sheriffs of the county to which the person is changing residence address, employment address, vocation address, school name, school address, or enrollment status, not later than ten days after the change of information. 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 information; (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

1406_____GENERAL ACTS AND RESOLUTIONS, VOL. I________
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 of the 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 of the person to register under this Code section has been explained. A copy of 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 name, school address, enrollment status, and employment and vocation address and status. 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

__________GEORGIA LAWS 2002 SESSION__________1407
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 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 and vocation address, and school name, school address, and enrollment status. 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 and vocation address and status, school name, school address, or enrollment status. (c)(l) 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 sheriff of the county of employment, 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

1408_____GENERAL ACTS AND RESOLUTIONS, VOL. I_________
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. (2) Any person who is required to register under this Code section and who is enrolled, employed, or carries on a vocation at an institution of higher education in this state shall provide the name, address, and county of each institution including each campus attended and the person's position or enrollment status, as well as any change in enrollment, employment, or vocation status. This paragraph shall be accomplished in a manner specified in subparagraphs (b)(l)(A), (b)(l)(B), (b)(3)(A), (b)(3)(D), and (b)(3)(E) of this Code section. (3) The Georgia Bureau of Investigation shall establish operating policies and procedures in order to provide prompt notice of offender registration and any change in status information contained in paragraph (2) of this subsection to any law enforcement agency having jurisdiction where an institution ofhigher education is located and to include notification to the campus police if appropriate for the institution of higher education. The law enforcement agency or agencies havingjurisdiction where an institution ofhigher education is located shall provide a statement advising the campus community where law enforcement agency information may be obtained as provided by the state under 20 U.S.C. 1092 (f)(l) and 42 U.S.C. 1407 (j), concerning registered sex offenders. This information may be obtained at the law enforcement office of the institution, a local law enforcement agency with jurisdiction for the campus, or via the Georgia Bureau of Investigation's Web page." "(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 felony and shall be punished by imprisonment for not less than one nor more than three years; provided, however, that upon the conviction of the second or subsequent offense under this subsection, the defendant shall be punished by imprisonment for not less than one nor more than three years or by a fine in an amount of up to $100,000.00, or both."
SECTION 2. Said Code section is further amended by inserting a new subsection (c. 1) to read as follows:
"(c.l)(l) On an annual basis, the Department of Education shall obtain from the Georgia Bureau of Investigation a complete list of the names and addresses of all registered sexual offenders and shall send such list, accompanied by a hold harmless provision, to each public elementary and secondary school in this state. In addition, the Department of Education shall provide information to each public elementary and secondary school in this state on how to access

____________GEORGIA LAWS 2002 SESSION__________1409
and retrieve from the Georgia Bureau of Investigation's Internet website a list of the names and addresses of all registered sexual offenders. The Department of Education shall make such information available to any private school upon request. (2) The Office of School Readiness shall provide, on a one time basis, information to all child care programs regulated pursuant to Code Section 20-1A-5 on how to access and retrieve from the Georgia Bureau of Investigation's Internet website a list of the names and addresses of all registered sexual offenders and shall include, on a continuing basis, such information with each application for licensure. (3) The Department of Human Resources shall provide, on a one time basis, information to all day care and group day care programs regulated pursuant to Code Section 49-5-12 on how to access and retrieve from the Georgia Bureau of Investigation's Internet website a list of the names and addresses of all registered sexual offenders and shall include, on a continuing basis, such information with each application for licensure."
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.
Approved May 16,2002.
REVENUE AND TAXATION - AD VALOREM TAXES; PAYMENT IN INSTALLMENTS IN COUNTIES OF 625,000-700,000.
Code Section 48-5-24 Amended.
No. 977 (Senate Bill No. 405).
AN ACT
To amend Code Section 48-5-24 of the Official Code of Georgia Annotated, relating to payment of county taxes, so as to revise and change the population and census application and certain provisions regarding payment of ad valorem taxes in installments; to provide effective dates; to provide for automatic repeal of certain provisions; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

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SECTION 1. Code Section 48-5-24 of the Official Code of Georgia Annotated, relating to payment of county taxes, is amended by striking subsection (b) and inserting in its place a new subsection (b) to read as follows:
"(b) In all counties having a population of not less than 500,000 nor more than 600,000 according to the United States decennial census of 1990 or any future such census, the taxes shall become due in two equal installments. One-half of the taxes shall be due and payable on July 1 of each year and shall become delinquent if not paid by August 15 in each year. The remaining one-half of the taxes shall be due and payable on October 1 of each year and shall become delinquent if not paid by November 15 of each year. A penalty not to exceed 5 percent of the amount of each installment shall be added to each installment that is not paid before the installment becomes delinquent. Intangible taxes in one installment shall become due on October 1 of each year and shall become delinquent if not paid by December 31. A penalty not to exceed 5 percent of the amount of intangible taxes due shall be added to any installment that is not paid before it becomes delinquent. All taxes remaining unpaid as of the close of business on December 31 of each year shall bear interest at the rate specified in Code Section 48-2-40, but in no event shall an interest payment for delinquent taxes be less than $ 1.00. The tax collectors shall issue executions for delinquent taxes, penalties, and interest against each delinquent taxpayer in their respective counties. Notwithstanding the foregoing, the governing authority of any county subject to this subsection may change the tax due dates provided in this subsection if the county's tax digest is not approved pursuant to Code Section 48-5-1 of any year."
SECTION 2. Said Code section is further amended by striking subsection (b) and inserting in its place a new subsection (b) to read as follows:
"(b) In all counties having a population of not less than 625,000 nor more than 700,000 according to the United States decennial census of 2000 or any future such census, the taxes shall become due in two equal installments. One-half of the taxes shall be due and payable on July 1 of each year and shall become delinquent if not paid by August 15 in each year. The remaining one-half of the taxes shall be due and payable on October 1 of each year and shall become delinquent if not paid by November 15 of each year. A penalty not to exceed 5 percent of the amount of each installment shall be added to each installment that is not paid before the installment becomes delinquent. Intangible taxes in one installment shall become due on October 1 of each year and shall become delinquent if not paid by December 31. A penalty not to exceed 5 percent of the amount of intangible taxes due shall be added to any installment that is not paid before it becomes delinquent. All taxes remaining unpaid as of the close of business on December 31 of each year shall bear interest at the rate specified in Code Section 48-2-40, but in no event shall an interest payment for delinquent taxes be less than $1.00. The tax collectors shall issue executions for delinquent

____________GEORGIA LAWS 2002 SESSION__________1411
taxes, penalties, and interest against each delinquent taxpayer in their respective counties. Notwithstanding the foregoing, the governing authority of any county subject to this subsection may change the tax due dates provided in this subsection if the county's tax digest is not approved pursuant to Code Section 48-5-271 before July 1 of any year."
SECTION 3. (a) Section 1, this section, and Section 4 of this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. (b) Section 1 of this Act shall stand repealed in its entirety on June 30, 2002. (c) Section 2 of this Act shall become effective on July 1, 2002.
SECTION 4. All laws and parts of laws in conflict with this Act are repealed.
Approved May 16,2002.
LOCAL GOVERNMENT - GEORGIA GREENSPACE TRUST FUND; ALLOCATION OF CERTAIN FUNDS.
Code Section 36-22-4 Amended.
No. 978 (Senate Bill No. 438).
AN ACT
To amend Code Section 36-22-4 of the Official Code of Georgia Annotated, relating to the creation of the Georgia Greenspace Trust Fund, so as to provide for an allocation of certain funds; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Code Section 36-22-4 of the Official Code of Georgia Annotated, relating to the creation of the Georgia Greenspace Trust Fund, is amended by striking the word "and" at the end of paragraph (2) of subsection (b); by redesignating paragraph (3) of subsection (b) as paragraph (4) of subsection (b); and by inserting immediately following paragraph (2) of subsection (b) the following:
"(3) For any county which is entitled to receive appropriated funds in excess of $500,000.00 pursuant to paragraph (1) of this subsection and upon the approval of the commission as provided in this chapter, the Department of Natural Resources shall make disbursements as follows:

1412_____GENERAL ACTS AND RESOLUTIONS, VOL. I_______
(i) One or more grants totaling 90 percent of the amount the county is authorized to receive shall be allocated to the Community Greenspace Trust Funds created by the county and each municipality located in whole or in part within the county as provided in paragraph (3) of Code Section 36-22-6; and (ii) Ten percent of the amount the county is authorized to receive shall be allocated to the participating municipalities located within the county as one or more matching grants for greenspace acquisition. The Board of Natural Resources shall promulgate rules necessary to implement such matching grant program in such a manner as to encourage municipalities to generate local funds for such purposes as greenspace planning, acquisition, and management. Any such matching funds not disbursed by the date determined pursuant to paragraph (4) of this subsection shall be disbursed to the county's Community Greenspace Trust Fund."
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.
Approved May 16, 2002.
CONSERVATION AND NATURAL RESOURCES SAPELO ISLAND HERITAGE AUTHORITY; MEMBERSHIP.
Code Section 12-3-444 Amended.
No. 979 (Senate Bill No. 391).
AN ACT
To amend Part 7 of Article 7 of Chapter 3 of Title 12 of the Official Code of Georgia Annotated, the "Sapelo Island Heritage Authority Act," so as to change the membership of such authority; to provide for the appointment of certain members; to provide for reimbursement of expenses; to provide for a quorum; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Part 7 of Article 7 of Chapter 3 of Title 12 of the Official Code of Georgia Annotated, the "Sapelo Island Heritage Authority Act," is amended by striking in its entirety Code Section 12-3-444, relating to the membership of such authority,

____________GEORGIA LAWS 2002 SESSION__________1413
officers, service without compensation, quorum, and meetings, and inserting in lieu thereof the following:
"12-3-444.
(a) The authority shall be composed of five members as follows: (1) The Governor; (2) The commissioner of natural resources; (3) The executive director of the State Properties Commission; (4) A resident of the community of Hog Hammock described in paragraph (5) of subsection (a) of Code Section 12-3-441 to be appointed by the Governor for a term of four years; and (5) The Commissioner of Human Relations in the Office of the Governor; provided, however, that if a vacancy exists in such office for longer than 60 consecutive days, the Governor shall appoint instead a second resident of the community of Hog Hammock for a term of four years, after which the Commissioner of Human Relations, if such office is then occupied, shall become a member.
Vacancies in the appointed positions shall be filled for the remainder of the term by appointment of the Governor. (b) The Governor shall be the chairperson of the authority, the commissioner of natural resources shall be its vice chairperson, and the executive director of the State Properties Commission shall be its secretary-treasurer. (c) The members of the authority who are officers of the state shall not be entitled to any additional compensation for the rendering of their services to the authority. The members of the authority who are not public officers shall be entitled to reimbursement for their actual travel expenses necessarily incurred in the performance of their duties and, for each day actually spent in performance of their duties, shall receive the same per diem as do members of the General Assembly. (d) Three members shall constitute a quorum ofthe membership ofthe authority. The powers and duties of the authority shall be transacted, exercised, and performed only pursuant to an affirmative vote of a majority of those members ofthe authority present at a meeting at which a quorum is present. An abstention in voting shall be considered as that member voting in the negative on the matter before the authority. (e) Meetings of the authority shall be held on the written notice of the chairperson. The notice of a meeting shall set forth therein the date, time, and place of the meeting. Minutes shall be kept of all meetings of the authority, and in the minutes there shall be kept a record of the vote of each member of the authority on all questions, acquisitions, transactions, and all other matters coming before the authority."
SECTION 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

1414_____GENERAL ACTS AND RESOLUTIONS, VOL. I
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.
Approved May 16, 2002.
EDUCATION - NONPUBLIC POSTSECONDARY EDUCATION ACT REVISED.
Code Sections 20-3-250.2 through 20-3-250.4, 20-3-250.10, and 20-3-250.27 Amended.
No. 980 (Senate Bill No. 425).
AN ACT
To amend Part 1A of Article 7 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, the "Nonpublic Postsecondary Educational Institutions Act of 1990," so as to revise definitions; to change a provision relating to educational institutions exempt from the Act, to increase the number of members of the Nonpublic Postsecondary Education Commission, and to change the number of members required to call a meeting or to take official action; to provide that the Tuition Guaranty Trust Fund shall be named as a beneficiary of surety bonds filed by nonpublic postsecondary educational institutions; to increase the amount of the surety bond required for certain institutions; to provide that maintenance of a surety bond is not required for institutions which have maintained five years of continuous authorized operation; to change the maximum amount authorized for the fund before refunds are required; to provide for independent claims by the Tuition Guaranty Trust Fund against a defaulting educational institution to the extent of certain reimbursements to students, entities making loans to students by the fund, and other educational institutions; to provide for claims against sureties; to allow reimbursement to the students before the fund institutes bond forfeiture proceedings in certain circumstances; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Part 1A of Article 7 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, the "Nonpublic Postsecondary Educational Institutions Act of 1990," is amended in Code Section 20-3-250.2, relating to definitions, by striking paragraph (19) and inserting in lieu thereof the following:
"(19) 'Proprietary school' or 'school' means any business enterprise operated for a profit or on a nonprofit basis which maintains a place of business within

____________GEORGIA LAWS 2002 SESSION__________1415
this state or solicits business within this state, which is not specifically exempted by Code Section 20-3-250.3, and which offers a course or courses of instruction or study available through classroom instruction, correspondence, or any telecommunications or electronic media technology, or any combination thereof, to a person or persons for the purpose of:
(A) Training such person or persons for work in a business, trade, or technical or industrial occupation; or (B) Preparing such person or persons for taking and passing certification exams for work in a business, trade, or technical or industrial occupation."
SECTION 2. Said part is further amended in Code Section 20-3-250.3, relating to educational institutions exempted from application of the part, by striking paragraph (9) of subsection (a) and inserting in lieu thereof the following:
"(9) A school where the sole purpose of the instructional program is review or preparation for a specific occupational examination recognized by a government agency or bona fide trade, business, or fraternal organization and where the student' s occupational training received from another school already makes the student eligible to sit for the examination;".
SECTION 3. Said part is further amended in Code Section 20-3-250.4, relating to the Nonpublic Postsecondary Education Commission, by striking subsections (a), (e), and (g) and inserting in lieu thereof the following:
"(a) There is established the Nonpublic Postsecondary Education Commission consisting of 14 members who shall be appointed by the Governor and confirmed by the Senate. One member shall be appointed from each congressional district and the remaining members shall be appointed as at-large members. The first members appointed to the commission shall be appointed for terms of office beginning July 1, 1991, with four of those members to serve initial terms of one year each, four of those members to serve initial terms of two years each, and four of those members to serve initial terms of three years each. The initial terms of office shall be specified in the appointment. After these initial terms, members of the commission shall be appointed for terms of three years each. Each member shall serve for the term of office to which the person is appointed and until a successor is appointed, confirmed, and qualified. Members may be appointed to succeed themselves but shall not serve for more than two full consecutive terms." "(e) The commission shall meet at least quarterly on the call of the chairperson or upon the written petition of at least seven members of the commission." "(g) A majority of the commission shall constitute a quorum for the conduct of business, but not less than seven voting members must concur in order for the commission to take official action."

1416_____GENERAL ACTS AND RESOLUTIONS, VOL. I_______

SECTION 4. Said part is further amended in Code Section 20-3-250.10, relating to surety bonds, by striking subsections (a) and (b) and inserting in lieu thereof the following:
"(a) At the time an initial application or application for a branch facility is made for authorization to operate, the executive director shall require the nonpublic postsecondary educational institution making such application to file with the executive director a good and sufficient surety bond in such sum as determined by subsection (b) of this Code section. Such bond shall be executed by the applicant as principal and by a surety company qualified and authorized to do business in this state. The bond shall be conditioned to provide indemnification to the Tuition Guaranty Trust Fund established in Code Section 20-3-250.27 and to any student or enrollee or that person's parent or guardian or class thereof determined to have suffered loss or damage as a result of any act or practice which is a violation of this part or of rules and regulations promulgated pursuant thereto by such nonpublic postsecondary educational institution and that the bonding company shall pay any final, nonappealable judgment rendered by the commission or any court of this state having jurisdiction, upon receipt of written notification thereof. Regardless ofthe number ofyears that such bond is in force, the aggregate liability of the surety thereon shall in no event exceed the penal sum of the bond. The bond may be continuous.
(b)(l) Except as otherwise provided in paragraph (2) of this subsection, the minimum amount of the bond required by subsection (a) of this Code section shall be based on the gross tuition of the nonpublic postsecondary educational institution during the previous year or on the estimated gross tuition for the current year, whichever is larger, and shall be as follows:

Gross Tuition

Minimum Bond

$

0.00 - $ 50,000.00 ........................ $ 20,000.00

50,001.00 - 100,000.00 ........................

30,000.00

100,001.00 - 200,000.00 ........................

50,000.00

200,001.00 - 300,000.00 ........................

75,000.00

300,001.00 - 400,000.00 ........................ 100,000.00

400,001.00 - 500,000.00 ........................ 150,000.00

500,001.00 and over ............................ 200,000.00
(2) As an alternative to the amount of the bond determined under paragraph (1) of this subsection, the nonpublic postsecondary educational institution shall have the option of filing a bond in an amount equal to the total income collected by the institution during the previous fiscal year or the estimated total income for the current year, whichever is larger; provided,

____________GEORGIA LAWS 2002 SESSION__________1417
however, the amount so determined shall be rounded off to the next highest $1,000.00."
SECTION 5. Said part is further amended in Code Section 20-3-250.27, relating to the Tuition Guaranty Trust Fund, by striking paragraph (3) of subsection (c), paragraph (3) of subsection (d), and paragraphs (1), (2), and (5) of subsection (g) and inserting in lieu thereof the following:
"(3) Postsecondary educational institutions which are currently authorized to operate in this state and which were first authorized to operate in this state on or after July 1, 1990, shall participate in the fund for five years of continuous authorized operation and shall provide the surety bonds required in Code Section 20-3-250.10; provided, however, that such surety bonds shall no longer be required of any such institutions which have maintained five full years of continuous authorized operation to the present. Any institution which fails to maintain continuous authorization in this state, and which subsequently applies for reinstatement of its certificate of authorization, must provide a surety bond for five full years following reinstatement of authorization." "(3) If earnings from investments, participation fees required under paragraph (2) of this subsection, and claims experience ever cause the balance in the fund to exceed $5,025,000.00, the commission, upon being notified by the board of trustees, shall make refunds to postsecondary educational institutions which have participated in the fund for at least five years, so that the fund balance is reduced to $5 million. Any such refund shall be determined by the commission in proportion to the total participation fees paid by a postsecondary educational institution until the time of the refund; provided, however, no reimbursement shall be made to any postsecondary educational institution whose students have been reimbursed from the fund or from bond forfeiture as provided in subsection (g) of this Code section. The commission shall establish by regulation the time and other procedures and requirements for making any such refund, but refunds shall be issued no more than once during a fiscal year." "(g)( 1) Except as otherwise provided in paragraph (2) ofthis subsection, in the event a postsecondary educational institution participating in the fund goes into bankruptcy or ceases operations without fulfilling its educational obligations to its students or without reimbursing its students, the board of trustees may reimburse from the fund valid claims of students for tuition paid to that institution in accordance with guidelines and procedures adopted by regulations of the board. If a student who attended the defaulting postsecondary educational institution received financial aid under either a state or federal student loan program, the board shall direct payment to the financial institution or other entity who made the loan to the student, rather than directly to the student. If the fund reimburses a student or a financial institution or other entity which made a loan to a student, the fund, to the extent of the amount reimbursed and without the necessity of any further act by any party,

1418_____GENERAL ACTS AND RESOLUTIONS, VOL. I________
shall have an independent claim for recovery against the defaulting postsecondary educational institution and any surety issuing a bond pursuant to Code Section 20-3-250.10; provided, however, that if the reimbursement from the fund is insufficient fully to cover the amount due the student or the entity making the loan to the student, then such student or entity shall retain the right of recovery against the defaulting institution and the surety for the unreimbursed amount. Payments from the fund shall be made by warrant of the director of the Office of Treasury and Fiscal Services on the order of the board of trustees. (2) Until surety bonds are no longer required of a participating postsecondary educational institution under the provisions of paragraph (3) of subsection (c) of this Code section, the reimbursement of tuition to students or to financial institutions or other entities on behalf of students, in the event of the default of the postsecondary educational institution, shall be accomplished by bond forfeiture proceedings and not from the tuition guaranty fund unless the full amount of the bond is paid in reimbursements and such amount is insufficient to cover all reimbursements. Provided, however, that if a student, financial institution, or other lending entity is entitled to reimbursement of tuition paid for a term which concluded before the expiration of the surety bond, the Tuition Guaranty Trust Fund may make reimbursements to the students or to the financial institutions or other entities on behalf of the students prior to initiating bond forfeiture proceedings." "(5) As an alternative to paying claims to or on behalf of students of a defaulting postsecondary educational institution, the board of trustees may arrange for another postsecondary educational institution to complete the educational obligations to the students of the defaulting postsecondary educational institution, provided that the program offered by the other institution is substantially equivalent to the program for which the students had paid tuition and provided, further, that attendance at the other institution does not cause unreasonable hardship or inconvenience to the students. The commission shall have the authority to adopt rules or regulations which shall govern the board of trustees in the administration of the provisions of this paragraph. As a part of any such program, the board of trustees may reimburse the other postsecondary educational institution from the fund for expenses incurred by the institution in providing educational services for the students of the defaulting postsecondary educational institution. The Tuition Guaranty Trust fund shall have an independent claim for recovery against the defaulting postsecondary educational institution and any surety issuing a bond pursuant to Code Section 20-3-250.10 to the extent that the fund has reimbursed a postsecondary educational institution from the fund for expenses pursuant to this paragraph and without the necessity of any further act by any party."

_____________GEORGIA LAWS 2002 SESSION__________1419
SECTION 6. All laws and parts of laws in conflict with this Act are repealed.
Approved May 16, 2002.
ANIMALS - GEORGIA ANIMAL PROTECTION ACT; ENACTMENT AND ENFORCEMENT OF ORDINANCES BY MUNICIPAL AND COUNTY GOVERNING AUTHORITIES.
Code Section 4-11-17 Enacted.
No. 981 (Senate Bill No. 399).
AN ACT
To amend Article 1 of Chapter 11 of Title 4, the "Georgia Animal Protection Act," so as to authorize municipal and county governing authorities to enact and enforce ordinances which are not in conflict with the provisions of said article; to provide for notification of the Department of Agriculture of any local enforcement actions by local governing authorities; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Article 1 of Chapter 11 of Title 4, the "Georgia Animal Protection Act," is amended by inserting at the end thereof a new Code Section 4-11-17 to read as follows:
"4-11-17. This article shall be cumulative and shall not prohibit the enactment and enforcement of local ordinances by a municipal or county governing authority on this subject which are not in conflict with this article; provided, however, that a municipal or county governing authority shall be required to provide timely written notice to the department of any enforcement action taken pursuant to such an ordinance against an operator licensed under this article who is alleged to be in violation of such local ordinance. The department shall be notified of the initiation of any such local enforcement action and of the final conclusions or ultimate outcome of any such action."
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.
Approved May 16, 2002.

1420_____GENERAL ACTS AND RESOLUTIONS, VOL. I_______
SOCIAL SERVICES - BOARD OF HUMAN RESOURCES; COMPOSITION.
Code Section 49-2-2 Amended.
No. 982 (Senate Bill No. 394).
AN ACT
To amend Chapter 2 ofTitle 49 ofthe Official Code of Georgia Annotated, relating to the Department ofHuman Resources and its governing board and commissioner, so as to change the composition of the Board of Human Resources; 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 49 of the Official Code of Georgia Annotated, relating to the Department of Human Resources and its governing board and commissioner, is amended by striking Code Section 49-2-2, relating to the Board of Human Resources, and inserting in its place a new Code section to read as follows:
"49-2-2. (a) There is created a Board of Human Resources which shall establish the general policy to be followed by the Department of Human Resources created by Code Section 49-2-1. The board shall consist of one member from each congressional district in the state and four at-large members appointed by the Governor and confirmed by the Senate. For this purpose, the congressional districts used shall be those specified in Code Section 21 -1 -2, as amended by Act No. 2EX11 of the second extraordinary 2001 session of the General Assembly and as thereafter amended by law. Seven members ofthe board shall be engaged professionally in rendering health services, and at least five of these seven members shall be licensed to practice medicine pursuant to Chapter 34 of Title 43. In appointing members to the board, the Governor shall take into account to the extent practicable all areas and functions encompassed by the department. (b) The Governor shall designate the initial terms of the members of the board as follows: three members shall be appointed for one year; three members shall be appointed for two years; three members shall be appointed for three years; three members shall be appointed for four years; and the remaining members shall be appointed for five years. Thereafter, all succeeding appointments shall be for five-year terms from the expiration of the previous term. (c) Vacancies in office shall be filled by appointment by the Governor in the same manner as the appointment to the position on the board which becomes vacant, and the appointment shall be submitted to the Senate for confirmation at the next session of the General Assembly. An appointment to fill a vacancy,

____________GEORGIA LAWS 2002 SESSION__________1421
other than by expiration of a term of office, shall be for the balance of the unexpired term. (d) There shall be a chairman of the board, elected by and from the membership of the board, who shall be the presiding officer of the board. (e) Those members engaged in rendering health services shall comprise no more than seven members of the total membership of the board. (f) The members of the board shall receive per diem and expenses as shall be set and approved by the Office of Planning and Budget and in conformance with rates and allowances set for members of other state boards."
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.
Approved May 16, 2002.
EDUCATION - STUDENT CODE OF CONDUCT; CONDUCT ON SCHOOL BUSES; PHYSICAL VIOLENCE AGAINST
TEACHERS, SCHOOL BUS DRIVERS, AND OTHER SCHOOL OFFICIALS AND EMPLOYEES PROHIBITED; PENALTIES;
APPLICATION.
Code Sections 20-2-751.5, 20-2-751.6, and 20-2-759 Amended.
No. 983 (Senate Bill No. 291).
AN ACT
To amend Chapter 2 of Title 20 of the Official Code Annotated, relating to primary and secondary education, so as to require student codes of conduct to include provisions governing conduct on public school buses; to provide for the contents and review of such provisions; to delete an obsolete provision relating to previous review; to change provisions relating to penalties for students who commit certain acts of physical violence and tribunals for certain alleged acts of physical violence; to provide for the application of certain disciplinary policies to children in kindergarten through grade five; 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 Code Section

1422_____GENERAL ACTS AND RESOLUTIONS, VOL. I_______
20-2-751.5, relating to student codes of conduct, and inserting in lieu thereof the following:
"20-2-751.5.
(a) Each student code of conduct shall contain provisions that address the following conduct of students during school hours and at school related functions, in a manner that is appropriate to the age of the student:
(1) Verbal assault of teachers, administrators, and other school personnel; (2) Physical assault or battery of teachers, administrators, and other school personnel; (3) Disrespectful conduct toward teachers, administrators, and other school personnel; (4) Verbal assault of other students; (5) Physical assault or battery of other students; (6) Disrespectful conduct toward other students; and (7) Verbal assault of, physical assault or battery of, and disrespectful conduct toward persons attending school related functions. (b)(l) Each student code of conduct shall include comprehensive and specific provisions prescribing and governing student conduct and safety rules on all public school buses. The specific provisions shall include but not be limited
to:
(A) Students shall be prohibited from acts of physical violence as defined by Code Section 20-3-751.6, bullying as defined by subsection (a) of Code Section 20-3-751.4, physical assault or battery ofother persons on the school bus, verbal assault of other persons on the school bus, disrespectful conduct toward the school bus driver or other persons on the school bus, and other unruly behavior; (B) Students shall be prohibited from using any electronic devices during the operation of a school bus, including but not limited to cell phones; pagers; audible radios, tape or compact disc players without headphones; or any other electronic device in a manner that might interfere with the school bus communications equipment or the school bus driver's operation of the school bus; and (C) Students shall be prohibited from using mirrors, lasers, flash cameras, or any other lights or reflective devises in a manner that might interfere with the school bus driver's operation of the school bus. (2) If a student is found to have engaged in physical acts of violence as defined by Code Section 20-3-751.6, the student shall be subject to the penalties set forth in such Code section. If a student is found to have engaged in bullying as defined by subsection (a) of Code Section 20-3-751.4 or in physical assault or battery of another person on the school bus, the local school board policy shall require a meeting of the parent or guardian of the student and appropriate school district officials to form a school bus behavior contract for the student. Such contract shall provide for progressive age-appropriate discipline, penalties, and restrictions for student misconduct on the bus. Contract provisions may include but shall not be not limited to assigned

_____________GEORGIA LAWS 2002 SESSION__________1423
seating, ongoing parental involvement, and suspension from riding the bus. This subsection is not to be construed to limit the instances when a school code of conduct or local board of education may require use of a student bus behavior contract. (3) No later than August 15,2002, each local board of education shall send to the State Board of Education a copy of the provisions of its student code of conduct that address the items identified in paragraphs (1) and (2) of this subsection. The state board shall review such provisions to ensure that each of the items identified in paragraphs (1) and (2) of this subsection is addressed and shall notify a local board of education, no later than October 15, 2002, of any items which are not addressed in its submission to the state board. Nothing in this subsection shall be construed as authorizing or requiring the state board to review or approve the substance of the student code of conduct. (c) Any student handbook which is prepared by a local board or school shall include a copy or summary of the student code of conduct for that school or be accompanied by a copy of the student code of conduct for that school. If a student handbook contains a summary of the student code of conduct, then a full copy of the student code of conduct shall be made available for review at the school. When distributing a student code of conduct, a local school shall include a form on which the student's parent or guardian may acknowledge his or her receipt of the code, and the local school shall request that the form be signed and returned to the school."
SECTION 2. Said chapter is further amended by striking Code Section 20-2-751.6, relating to disciplinary policy for students committing acts of physical violence against teachers, and inserting in lieu thereof the following:
"20-2-751.6.
(a) As used in this Code section, the term 'physical violence' means: (1) Intentionally making physical contact of an insulting or provoking nature with the person of another; or (2) Intentionally making physical contact which causes physical harm to another unless such physical contacts or physical harms were in defense of himself or herself, as provided in Code Section 16-3-21.
(b) Local board of education policies and student codes of conduct shall provide for the penalties to be assessed against a student found by a tribunal to have committed any act of physical violence against a teacher, school bus driver, or other school official or employee. The local board shall appoint a tribunal to hold a disciplinary hearing pursuant to Code Section 20-2-754 regarding the alleged act of physical violence and penalty. Any student alleged to have committed an act of physical violence shall be suspended pending the hearing by the tribunal. The tribunal shall be composed of three teachers or certificated education personnel, appointed by the local school board. The tribunal shall determine all issues of fact and intent and shall submit its findings and recommendations to the local school board for imposition of punishment in

1424______GENERAL ACTS AND RESOLUTIONS, VOL. I________
accordance with this Code section. If appropriate under paragraph (1) of subsection (c) of this Code section, the tribunal's recommendations shall include a recommendation as to whether a student may return to public school and if return is recommended, a recommended time for the student's return to public school. The local school board may follow the recommendations of the tribunal or impose penalties not recommended by the tribunal.
(c)(l) A student found by a tribunal to have committed an act of physical violence as defined in paragraph (2) of subsection (a) of this Code section against a teacher, school bus driver, school official, or school employee shall be expelled from the public school system. The expulsion shall be for the remainder of the student's eligibility to attend public school pursuant to Code Section 20-2-150. The local school board at its discretion may permit the student to attend an alternative education program for the period of the student's expulsion. If the student who commits an act of physical violence is in kindergarten through grade eight, then the local school board at its discretion and on the recommendation of the tribunal may permit such a student to reenroll in the regular public school program for grades nine through 12. If the local school board does not operate an alternative education program for students in kindergarten through grade six, the local school board at its discretion may permit a student in kindergarten through grade six who has committed an act of physical violence as defined in paragraph (2) of subsection (a) of this Code section to reenroll in the public school system; (2) Any student who is found by a tribunal to have committed an act of physical violence against a teacher, school bus driver, school official, or school employee as defined in paragraph (2) of subsection (a) of this Code section shall be referred to juvenile court with a request for a petition alleging delinquent behavior; and (3) Any student who is found by a tribunal to have committed an act of physical violence as defined in paragraph (1) of subsection (a) of this Code section against a teacher, school bus driver, school official, or school employee may be disciplined by expulsion, long-term suspension, or short-term suspension. (d) The provisions of Code section shall apply with respect to any local school system which receives state funding pursuant to Code Sections 20-2-161 and 20-2-260. (e) Nothing in this Code section shall be construed to infringe on any right provided to students with Individualized Education Programs pursuant to the federal Individuals with Disabilities Education Act, Section 504 of the federal Rehabilitation Act of 1973, or the federal Americans with Disabilities Act of 1990."
SECTION 3. Said chapter is further amended by striking subsection (a) of Code Section 20-2-759, relating to the application of certain disciplinary policies to children in kindergarten through grade five, and inserting in lieu thereof the following:

____________GEORGIA LAWS 2002 SESSION__________1425
"20-2-759. (a) Except as otherwise expressly provided in this subpart, this subpart shall not apply to children in kindergarten through elementary grade five. (b) The local school superintendent shall determine the disciplinary actions or proceedings for children exempt from this subpart under subsection (a) of this Code section."
SECTION 4. All laws and parts of laws in conflict with this Act are repealed.
Approved May 16, 2002.
PUBLIC OFFICERS AND EMPLOYEES - STATE FLEXIBLE EMPLOYEE BENEFIT PLAN; INCLUDE FEDERAL-STATE SHIPPING POINT INSPECTION
SERVICE AND GEORGIA FIREFIGHTERS' PENSION FUND EMPLOYEES.
Code Sections 45-18-50 and 45-18-53 Amended.
No. 984 (Senate Bill No. 408).
AN ACT
To amend Article 2 of Chapter 18 of Title 45 of the Official Code of Georgia Annotated, relating to the Employee Benefit Plan Council, so as to allow employees ofthe Federal-State Shipping Point Inspection Service and the Georgia Firefighters' Pension Fund to participate in the state's flexible employee benefit plan; to allow payroll deductions for the purchase of benefits by such employees; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Article 2 of Chapter 18 of Title 45 of the Official Code of Georgia Annotated, relating to the Employee Benefit Plan Council, is 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 health; the Federal-State Shipping Point Inspection Service; the Georgia

1426_____GENERAL ACTS AND RESOLUTIONS, VOL. I_______
Firefighters' Pension Fund; 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 ofthe members, employees, and officials of the Board of Regents of the University System of Georgia."
SECTION 2. Said article is further amended by striking subsection (a) of Code Section 45-18-53, relating to authorization for payroll deductions, and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) In order to carry out the provisions of the flexible employee benefit plan, the head of each department, agency, authority, county department of health, the Federal-State Shipping Point Inspection Service, the Georgia Firefighters' Pension Fund, or local school system is authorized to deduct or reduce from salary or wages voluntarily designated amounts by his employees for purchasing insurance or other welfare benefits."
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.
Approved May 16, 2002.
PENAL INSTITUTIONS - BOARD OF CORRECTIONS; QUORUM.
Code Section 42-2-3 Amended.
No. 985 (Senate Bill No. 388).
AN ACT
To amend Code Section 42-2-3 ofthe Official Code ofGeorgia Annotated, relating to meetings of the Board of Corrections, so as to adjust the quorum requirement for the Board of Corrections consistent with the increase in the board's size due to the 2000 census; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Code Section 42-2-3 of the Official Code of Georgia Annotated, relating to meetings of the Board of Corrections, is amended by striking said Code section in its entirety and by adding a new Code Section 42-2-3 to read as follows:

____________GEORGIA LAWS 2002 SESSION__________1427
"42-2-3. The board shall meet once each month in the office of the commissioner, unless in the discretion of a majority of the board it is necessary or convenient to meet elsewhere to carry out the duties of the board. Special meetings may be held at such times and places as shall be specified by the call of the chairman of the board or by the commissioner. The secretary of the board shall give written notice of the time and place of all meetings of the board to each member of the board and to the commissioner. Meetings of the board shall be open to the public. However, the board may hold executive sessions pursuant to Chapter 14 of Title 50 whenever it, in its discretion, deems advisable. A majority of the board shall constitute a quorum for the transaction of business."
SECTION 2. This Act shall become effective on July 1, 2002.
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.
Approved May 16, 2002.
STATE GOVERNMENT - GEORGIA BUILDING AUTHORITY; OPERATE CHILD CARE AND CHILD DEVELOPMENT CENTERS.
Code Sections 50-9-2 and 50-9-5 Amended.
No. 986 (Senate Bill No. 409).
AN ACT
To amend Chapter 9 of Title 50 of the Official Code of Georgia Annotated, relating to the Georgia Building Authority, so as to authorize the Georgia Building Authority to operate child care and child development centers; to authorize the Georgia Building Authority to enter into contracts for the operation of such centers; to purchase, rent, lease, sell, and otherwise acquire and dispose of personal and real property for the operation of such centers; to authorize the Georgia Building Authority to apply for and obtain all such licenses, permissions, regulatory approvals, and similar matters for the operation of such centers; 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:

1428_____GENERAL ACTS AND RESOLUTIONS, VOL. I_________
SECTION 1. Chapter 9 of Title 50 of the Official Code of Georgia Annotated, relating to the Georgia Building Authority, is amended by striking paragraph (4) of Code Section 50-9-2, relating to definitions, and inserting in lieu thereof a new paragraph (4) to read as follows:
"(4) 'Project' means and includes one or a combination of two or more of the following: buildings and facilities intended for use as offices and related uses and all structures, including electric, gas, steam, and water utilities and facilities of every kind and character deemed by the authority necessary or convenient for the efficient operation of any department, board, commission, or agency of the state. Without limiting the foregoing and without further determination of necessity or convenience, the word 'project' also means and includes child care and child development centers; public parks and public parking facilities adjacent to the state capitol other than the facilities within or connected to state owned or state leased buildings; a parking facility on the 'Old Incinerator' site acquired in 1983 by the State of Georgia from the City of Atlanta in Fulton County, Georgia; an executive mansion and buildings, structures, and facilities ofevery kind and character for use in conjunction with the mansion regardless of whether the buildings, structures, and facilities are physically connected with such mansion; a Department of Transportation laboratory and buildings, structures, and facilities of every kind and character for use in conjunction with the laboratory, regardless of whether the buildings, structures, and facilities are physically connected with the laboratory, provided that the buildings, structures, and facilities are built and constructed on property owned by the Department of Transportation at Forest Park, Georgia."
SECTION 2. Said chapter is further amended by inserting after paragraph (9) of Code Section 50-9-5, relating to general powers, a new paragraph (9.1) to read as follows:
"(9.1) To operate and cause to be operated one or more child care or child development centers; to make contracts with public and private individuals and entities for the operation of such center or centers; to purchase, rent, lease, sell, or otherwise acquire and dispose ofpersonal and real property for the operation of such center or centers; and to apply for and obtain all such licenses, permissions, regulatory approvals, and similar matters for the operation ofsuch center or centers;"
SECTION 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 4. All laws and parts of laws in conflict with this Act are repealed.
Approved May 16, 2002.

____________GEORGIA LAWS 2002 SESSION__________1429
PROPERTY - HOSPITAE LIENS; LIMITATIONS, FILING, AND NOTICE.
Code Sections 44-14-470, 44-14-471, 44-14-472, and 44-14-473 Amended.
No. 987 (Senate Bill No. 451).
AN ACT
To amend Part 8 of Article 8 of Chapter 14 of Title 44 of the Official Code of Georgia Annotated, relating to hospitals and nursing homes, so as to provide that hospital liens are liens against patients' causes of action and not patients nor their property or assets; to provide for notice of hospital liens; to provide for the filing time for hospital liens; to provide for the effect of such notice and filing; to provide that hospital liens be segregated from other liens on the records of the clerk of superior court; to provide for the enforcement of such liens against insurers; to provide that releases or covenants not to sue made before or after the discharge of the patient from the hospital shall not affect such liens in certain circumstances; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Part 8 of Article 8 of Chapter 14 of Title 44 of the Official Code of Georgia Annotated, relating to hospitals and nursing homes, is amended by striking subsection (b) of Code Section 44-14-470, relating to liens on causes of action accruing to injured person for costs of care and treatment of injuries arising out of such causes of action, and inserting in lieu thereof a new subsection (b) to read as follows:
"(b) Any person, firm, hospital authority, or corporation operating a hospital or nursing home in this state shall have a lien for the reasonable charges for hospital or nursing home care and treatment of an injured person, which lien shall be upon any and all causes of action accruing to the person to whom the care was furnished or to the legal representative of such person on account of injuries giving rise to the causes of action and which necessitated the hospital or nursing home care, subj ect, however, to any attorney' s lien. The lien provided for in this subsection is only a lien against such causes of action and shall not be a lien against such injured person, such legal representative, or any other property or assets of such persons and shall not be evidence of such person's failure to pay a debt. This subsection shall not be construed to interfere with the exemption from this part provided by Code Section 44-14-474."

1430_____GENERAL ACTS AND RESOLUTIONS, VOL. I_______
SECTION 2. Said part is further amended by striking Code Section 44-14-471, relating to filing of verified statement, in its entirety and inserting in lieu thereof a new Code Section 44-14-471 to read as follows:
"44-14-471.
(a) In order to perfect the lien provided for in Code Section 44-14-470, the operator of the hospital:
(1) Within 30 days after the person has been discharged therefrom, shall provide written notice to the patient and, to the best of the hospital claimant's knowledge, the persons, firms, corporations, and their insurers claimed by the injured person or the legal representative of the injured person to be liable for damages arising from the injuries and shall include in such notice a statement that the lien is not a lien against the patient or any other property or assets of the patient and is not evidence of the patient's failure to pay a debt. Such notice shall be sent to all such persons and entities by first class and certified mail or statutory overnight delivery, return receipt requested; and (2) Shall file, no sooner than 15 days after the date of the written notice provided for in this Code section, in the office of the clerk of the superior court of the county in which the hospital is located and in the county wherein the patient resides, if a resident of this state, a verified statement setting forth the name and address of the patient as it appears on the records of such hospital; the name and location of the hospital and the name and address of the operator thereof; the dates of admission and discharge of the patient therefrom; and the amount claimed to be due for the hospital care. (b) The filing of the claim or lien shall be notice thereof to all persons, firms, or corporations liable for the damages, whether or not they received the written notice provided for in this Code section. The failure to perfect such lien in accordance with this Code section shall invalidate such lien."
SECTION 3. Said part is further amended by striking Code Section 44-14-472, relating to duties of clerk, in its entirety and inserting in lieu thereof a new Code Section 44-14-472 to read as follows:
"44-14-472.
The clerk of the superior court shall endorse the date and hour of filing on the statement filed pursuant to Code Section 44-14-471; and, at the expense of the county, the clerk shall provide a hospital lien book with a proper index in which the clerk shall enter the date and hour of the filing; the names and addresses of the hospital, the operators thereof, and the patient; and the amount claimed. Notwithstanding the provisions in Code Section 44-2-2, a lien provided for in Code Section 44-14-470 shall be filed in a separate docket from and shall not be commingled with judgment liens, materialman's liens, mechanic's liens, tax liens, lis pendens notices, or any other liens that attach to the person or property of an individual. The information shall be recorded in the name of the patient.

____________GEORGIA LAWS 2002 SESSION__________1431
The clerk shall receive a fee as required by subparagraph (f)(l)(A) of Code Section 15-6-77 as his or her fee for such filing."
SECTION 4. Said part is further amended by striking subsections (a) and (b) of Code Section 44-14-473, relating to effect of covenant not to bring an action, release, settlement, etc., and inserting in lieu thereof new subsections (a) and (b) to read as follows:
"(a) No release of the cause or causes of action or of any judgment thereon or any covenant not to bring an action thereon shall be valid or effectual against the lien created by Code Section 44-14-470 unless the holder thereof shall join therein or execute a release of the lien; and the claimant or assignee of the lien may enforce the lien by an action against the person, firm, or corporation liable for the damages or such person, firm, or corporation's insurer. If the claimant prevails in the action, the court may allow reasonable attorney's fees. The action shall be commenced against the person liable for the damages or such person's insurer within one year after the date the liability is finally determined by a settlement, by a release, by a covenant not to bring an action, or by the judgment of a court of competent jurisdiction. (b) No release or covenant not to bring an action which is made before or after the patient was discharged from the hospital shall be effective against the lien perfected in due time as provided in subsection (a) of this Code section, regardless of whether the release, covenant not to bring an action, or settlement was made prior to the time of the filing of the lien as specified in Code Sections 44-14-470 and 44-14-471; provided, however, that any person, firm, or corporation which consummates a settlement, release, or covenant not to bring an action with the person to whom hospital service or treatment was furnished and which first procures therefrom an affidavit as prescribed in subsection (c) of this Code section shall not be bound or otherwise affected by the lien except as provided in subsection (c) of this Code section, regardless of when the settlement, release, or covenant not to bring an action was consummated."
SECTION 5. All laws and parts of laws in conflict with this Act are repealed.
Approved May 16, 2002.

1432_____GENERAL ACTS AND RESOLUTIONS, VOL. I________
CRIMES AND OFFENSES - GEORGIA'S SUPPORT OF THE WAR ON TERRORISM ACT OF 2002.
Code Sections 16-11-60, 16-11-64, and 16-11-66.1 Amended.
No. 988 (Senate Bill No. 459).
AN ACT
To amend Part 1 of Article 3 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to wiretapping, eavesdropping, surveillance, and related offenses, so as to revise definitions; to provide for the procedure for an investigative warrant; to provide for access to stored wire and electronic communications and transactional records; to provide for a short title; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAE ASSEMBLY OF GEORGIA:
SECTION 1. This Act shall be known and may be cited as "Georgia s Support of the War on Terrorism Act of 2002."
SECTION 2. Part 1 of Article 3 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to wiretapping, eavesdropping, surveillance, and related offenses is amended by striking Code Section 16-11 -60, relating to definitions, and inserting in lieu thereof the following:
"16-11-60. As used within this part, the term:
(1) 'Device' means an instrument or apparatus used for overhearing, recording, intercepting, or transmitting sounds or for observing, photographing, videotaping, recording, or transmitting visual images and which involves in its operation electricity, electronics, or infrared, laser, or similar beams. Without limiting the generality of the foregoing, the term 'device' shall specifically include any camera, photographic equipment, video equipment, or other similar equipment or any electronic, mechanical, or other apparatus which can be used to intercept a wire, oral, or electronic communication other than:
(A) Any telephone or telegraph instrument, equipment, or facility or any component thereof:
(i) Furnished to the subscriber or user by a provider of wire or electronic communication service in the ordinary course of its business and being used by the subscriber or user in the ordinary course of its business or furnished by such subscriber or user for connection to the facilities of such service and used in the ordinary course of its business; or

____________GEORGIA LAWS 2002 SESSION_________1433
(ii) Being used by a provider of wire or electronic communication service in the ordinary course of its business or by an investigative or law enforcement officer in the ordinary course of his or her duties; or (B) A hearing aid or similar device being used to correct subnormal hearing to not better than normal; (C) Focusing, lighting, or illuminating equipment, optical magnifying equipment; and (D) A 'pen register' or 'trap and trace device' as defined in this Code section. (2) 'Pen register' means a device or process which records or decodes dialing, routing, addressing, or signaling information transmitted by an instrument or facility from which a wire or electronic communication is transmitted; provided, however, that such information shall not include the contents of any communication; but such term does not include any device or process used by a provider or customer of a wire or electronic communication service for billing, or recording as an incident to billing, for communications services provided by such provider or any device or process used by a provider or customer of a wire communication service for cost accounting or other like purposes in the ordinary course its business. (3) 'Private place' means a place where one is entitled reasonably to expect to be safe from casual or hostile intrusion or surveillance. (4) Trap and trace device' means a device or process which captures the incoming electronic or other impulses which identify the originating number or other dialing, routing, addressing, and signaling information reasonably likely to identify the source of a wire or electronic communication; provided, however, that such information shall not include the contents of any communication."
SECTION 3. Said part is further amended in Code Section 16-11-64, relating to interception of wire or oral transmissions by law enforcement officers, striking in their entirety subsections (b), (c), and (d) and inserting new subsections (b), (c), and (d) to read as follows:
"(b) When in the course of his or her official duties, a law enforcement officer desiring to make use of any device, but only as such term is defined in Code Section 16-11-60, and such use would otherwise constitute a violation of Code Section 16-11-62, the law enforcement official shall act in compliance with the provisions provided for in this part. (c) Upon written application, under oath, of the prosecuting attorney having jurisdiction over prosecution of the crime under investigation, or the Attorney General, made before a judge of superior court, said court may issue an investigation warrant permitting the use of such device, as defined in Code Section 16-11-60, for the surveillance of such person or place to the extent the same is consistent with and subject to the terms, conditions, and procedures provided for by Chapter 119 of Title 18 of the United States Code Annotated, as amended.

1434_____GENERAL ACTS AND RESOLUTIONS, VOL. I______
(d) Evidence obtained in conformity with this part shall be admissible only in the courts of this state having felony and misdemeanor jurisdiction."
SECTION 4. Said part is further amended by striking Code Section 16-11-66.1, relating to interception of cellular radio telephone communications, and inserting in lieu thereof a new Code section to read as follows:
"16-11-66.1. (a) A law enforcement officer, a prosecuting attorney, or the Attorney General may require the disclosure of stored wire or electronic communications, as well as transactional records pertaining thereto, to the extent and under the procedures and conditions provided for by the laws of the United States. (b) A provider of electronic communication service or remote computing service shall provide the contents of, and transactional records pertaining to, wire and electronic communications in its possession or reasonably accessible thereto when a requesting law enforcement officer, a prosecuting attorney, or the Attorney General complies with the provisions for access thereto set forth by the laws of the United States. (c) Search warrants for production of stored wire or electronic communications and transactional records pertaining thereto shall have state-wide application or application as provided by the laws of the United States when issued by a judge with jurisdiction over the criminal offense under investigation and to which such records relate. (d) A subpoena for the production of stored wire or electronic communications and transactional records pertaining thereto may be issued at any time upon a showing by a law enforcement official, a prosecuting attorney, or the Attorney General that the subpoenaed material relates to a pending criminal investigation. (e) Violation of this Code section shall be punishable by contempt."
SECTION 5. All laws and parts of laws in conflict with this Act are repealed.
Approved May 16, 2002.

____________GEORGIA LAWS 2002 SESSION__________1435
DOMESTIC RELATIONS - GEORGIA'S FAMILY VIOLENCE INTERVENTION PROGRAM CERTIFICATION ACT.
Code Sections 19-9-7, 19-13-31, 19-13-34, and 42-8-35.6 Amended. Code Title 19, Chapter 13, Article 1A Enacted.
No. 989 (Senate Bill No. 467).
AN ACT
To amend Title 19 of the Official Code of Georgia Annotated, relating to domestic relations, so as to create standards, uniformity, oversight, and certification for family violence intervention programs; to provide a short title; to change provisions relating to family violence counseling; to add an article to manage family violence intervention programs; to define terms; to provide for the administration of the programs; to establish a certification process; to include compliance standards and annual reporting; to provide for penalties; to require courts and the State Board of Pardons and Paroles to utilize certified family violence intervention programs, with certain exceptions; to change provisions relating to the administrative attachment and duties of the State Commission on Family Violence; to amend Title 42 of the Official Code of Georgia Annotated, relating to penal institutions, so as to conform certain language relating to family violence intervention programs; to provide for other matters relative to the foregoing; to provide for effective dates and applicability; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. This Act shall be known and may be cited as the "Georgia's Family Violence Intervention Program Certification Act."
SECTION 2. Title 19 of the Official Code of Georgia Annotated, relating to domestic relations, is amended in Code Section 19-9-7, relating to parental visitation, by striking paragraph (3) of subsection (a) and inserting in lieu thereof the following:
"(3) Order the perpetrator of family violence to attend and complete, to the satisfaction of the court, a certified family violence intervention program for perpetrators as defined in Article 1A of Chapter 13 of this title as a condition of the visitation;"
SECTION 3. Said title is further amended in Chapter 13, relating to family violence, by inserting between Articles 1 and 2 a new Article 1A to read as follows:

1436_____GENERAL ACTS AND RESOLUTIONS, VOL. I________
"ARTICLE 1A
19-13-10. As used in this article, the term:
(1) 'Commission' means the State Commission on Family Violence. (2) 'Commissioner' means the commissioner of corrections. (3) 'Department' means the Department of Corrections. (4) 'Family or household members' means past or present spouses, persons who are parents of the same child, or other persons living or formerly living in the same household. (5) 'Family violence' means the commission of the offenses of battery, simple battery, simple assault, assault, stalking, criminal damage to property, or criminal trespass between family or household members. (6) 'Family violence intervention program' or 'program1 means any program that is certified by the Department of Corrections pursuant to Code Section 19-13-14 and designed to rehabilitate family violence offenders. The term includes, but is not limited to, batterer intervention programs, anger management programs, anger counseling, family problem resolution, and violence therapy.
19-13-11. In carrying out the purpose of this article, the department shall charge a fee for the consideration of applications for certification of family violence intervention programs and instructors. The amount of this fee shall be established by the commission and shall, as best as the commission shall determine, approximate the expense incurred by the department in consideration of an application. These certifications shall be valid for a period oftwo years unless suspended or revoked prior to the expiration of that time period.
19-13-12. Reserved.
19-13-13. (a) A program certified pursuant to this article shall be administered by the department. The department is authorized to promulgate, adopt, and enforce rules and regulations necessary to carry out this article, including, but not limited to, prescribing the form of applications, visiting program facilities, and investigating complaints. (b) The department shall be responsible for the approval and certification of programs and staff. This responsibility includes the training for and monitoring of all programs under this article.
19-13-14. (a) The commission and the department shall establish standards and requirements concerning the content of courses, including, but not limited to,

___________GEORGIA LAWS 2002 SESSION__________1437
duration of courses, qualifications of instructors, program and certification fees, attendance requirements, and examinations. In order to be certified, a program shall meet the standards established by the commission and the department. (b) Programs may be operated by any individual, partnership, corporation, association, civic group, club, county, municipality, board of education, school, or college or any public, private, or governmental entity. (c) No official or employee, or his or her spouse, of the department or the State Board of Pardons or Paroles shall own, operate, instruct at, or be employed by a program except as provided by Code Section 19-13-15. (d) The department is responsible for establishing requirements for the certification of programs. An applicant must meet the certification requirements promulgated by the department through standards established by the commission and the department. No program shall be approved unless the owner of the program agrees in writing to submit reports as required in the rules and regulations of the department and to allow the examination and audit of the books, records, and financial statements of the program or its authorized agent. No program will be certified unless the owner of the program agrees in writing to pay to the state, for the costs of administration, a fee as established by the commission, provided that nothing in this Code section shall be construed so as to allow the department to retain any funds required by the Constitution of this state to be paid into the state treasury; and provided, further, that the department shall comply with all provisions of Part 1 of Article 4 of Chapter 12 of Title 45, the 'Budget Act,' except Code Section 45-12-92, prior to expending any such miscellaneous funds. All programs operated by the department and the State Board of Pardons and Paroles shall be exempt from fee provisions relating to obtaining certification. (e) The department has the authority to deny, suspend, or revoke a certificate under this article or to impose sanctions upon and discipline a program which is not complying with the rules and regulations set forth by the department. The department shall establish criteria to determine noncompliance with its rules and regulations, sanctions for noncompliance, and methods of appeal if certification is denied, suspended, or revoked. (f) The department shall maintain a list of programs certified pursuant to this article and make the list available to the public and all courts.
19-13-15. The department and the State Board of Pardons and Paroles may operate family violence intervention programs which meet the requirements of the department. The courts and the State Board ofPardons and Paroles may accept such programs in lieu of certified family violence intervention programs as defined in paragraph (1) of Code Section 19-13-10.
19-13-16. (a) A court, in addition to imposing any penalty provided by law, when sentencing a defendant or revoking a defendant's probation for an offense

1438_____GENERAL ACTS AND RESOLUTIONS, VOL. I_______
involving family violence, or when imposing a protective order against family violence, shall order the defendant to participate in a family violence intervention program, whether a certified program pursuant to this article or a program operated pursuant to Code Section 19-13-15, unless the court determines and states on the record why participation in such a program is not appropriate. (b) The State Board of Pardons and Paroles, for a violation of parole for an offense involving family violence, shall require the conditional releasee to participate in a family violence intervention program, whether a certified program pursuant to this article or a program operated pursuant to Code Section 19-13-15, unless the State Board of Pardons and Paroles determines why participation in such a program is not appropriate. (c) Unless the defendant is indigent, the cost ofthe family violence intervention program as provided by this Code section shall be borne by the defendant. If the defendant is indigent, then the cost of the program shall be determined by a sliding scale based upon the defendant's ability to pay.
19-13-17. As an alternative to criminal or other civil enforcement, the commissioner or his or her designee, in order to enforce this article or any orders, rules, or regulations promulgated pursuant to this article, may issue an administrative fine not to exceed $1,000.00 for each violation, whenever that commissioner or his or her designee, after a hearing, determines that any person, firm, or corporation has violated any provision ofthis article or any order, rule, or regulation promulgated pursuant to this article. The hearing and any administrative review thereof shall be conducted in accordance with the procedures for contested cases under Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' Any person, firm, or corporation that has exhausted all administrative remedies available and that is aggrieved or adversely affected by a final order or action of the commissioner or his or her designee shall have the right of judicial review in accordance with Chapter 13 of Title 50. All fines collected or recovered by the commissioner under this Code section shall be remitted to the Office of Treasury and Fiscal Services to the credit of the general fund of this state. The commissioner or his or her designee may file in the superior court (1) wherein the person under order resides; (2) if such person is a corporation, in the county wherein the corporation maintains its principal place of business; or (3) in the county wherein the violation occurred, a certified copy of a final order of the commissioner or his or her designee, whether unappealed from or affirmed upon appeal, whereupon the court shall render judgment in accordance with the judgment and notify the parties. The judgment shall have the same effect and proceedings in relation thereto shall thereafter be the same as though the judgment had been rendered in an action duly heard and determined by the court. The penalty prescribed in this Code section shall be concurrent, alternative, and cumulative with any and all other civil, criminal, or alternative rights, remedies, forfeitures, or penalties provided, allowed, or available to the commissioner or

_____________GEORGIA LAWS 2002 SESSION__________1439
his or her designee with respect to any violation of this article or any order, rule, or regulation promulgated pursuant to this article."
SECTION 4. Said title is further amended in Code Section 19-13-31, relating to the creation of the State Commission on Family Violence, its plan for ending family violence, and the establishment of community task forces, by striking the Code section in its entirety and inserting in lieu thereof the following:
"19-13-31.
There is created a State Commission on Family Violence which shall be responsible for developing a comprehensive state plan for ending family violence. This plan shall include the initiation, coordination, and oversight of the implementation of family violence laws and the establishment in each judicial circuit of a Community Task Force on Family Violence. These task forces shall be supported by and work in collaboration with the state commission. The commission shall be assigned for administrative purposes only, as set out in Code Section 50-4-3, to the Department of Corrections."
SECTION 5. Said title is further amended in Code Section 19-13-34, relating to powers and duties ofthe commission, in subsection (a) by striking "and" at the end ofparagraph (7), by striking the period and inserting "; and" at the end of paragraph (8), and by adding a new paragraph (9) to read as follows:
"(9) To develop standards to be utilized by the Department of Corrections in the certification and regulation of family violence intervention programs."
SECTION 6. Title 42 of the Official Code of Georgia Annotated, relating to penal institutions, is amended by striking Code Section 42-8-35.6, relating to a family violence intervention program or counseling related to family violence as a condition of probation, and inserting in lieu thereof the following:
"42-8-35.6. (a) Notwithstanding any other terms or conditions of probation which may be imposed, a court sentencing a defendant to probation for an offense involving family violence as such term is defined in Code Section 19-13-10 shall require as a condition of probation that the defendant participate in a family violence intervention program certified pursuant to Article 1A of Chapter 13 of Title 19, unless the court determines and states on the record why participation in such a program is not appropriate. (b) A court, in addition to imposing any penalty provided by law, when revoking a defendant's probation for an offense involving family violence as defined by Code Section 19-13-10, or when imposing a protective order against family violence, shall order the defendant to participate in a family violence intervention program certified pursuant to Article 1A of Chapter 13 of Title 19, unless the

1440_____GENERAL ACTS AND RESOLUTIONS, VOL. I________
court determines and states on the record why participation in such program is not appropriate. (c) The State Board of Pardons and Paroles, for a violation of parole for an offense involving family violence as defined by Code Section 19-13-10, shall require the conditional releasee to participate in a family violence intervention program certified pursuant to Article 1A of Chapter 13 of Title 19, unless the State Board of Pardons and Paroles determines why participation in such a program is not appropriate. (d) Unless the defendant is indigent, the cost of the family violence intervention program as provided by this Code section shall be borne by the defendant. Ifthe defendant is indigent, then the cost of the program shall be determined by a sliding scale based upon the defendant's ability to pay."
SECTION 7. This section and Sections 1, 4, 5, and 8 of this Act shall become effective on July 1,2002. Section 2 of this Act shall become effective on July 1, 2003. Section 3 of this Act shall become effective on July 1,2002, for the purposes ofthe development process by the Department of Corrections and the State Commission on Family Violence for certified family violence intervention programs and for the purposes of collecting application fees; for all other purposes, Section 3 of this Act shall become effective on July 1, 2003. Section 6 of this Act shall become effective on July 1, 2003, and shall apply to sentences or conditional release revocations that occur on or after that date.
SECTION 8. All laws and parts of laws in conflict with this Act are repealed.
Approved May 16, 2002.
JOINT LOCAL ASSISTANCE ROAD PROGRAM STUDY COMMITTEE - CREATED.
No. 49 (House Resolution No. 1074).
A RESOLUTION
Creating the Joint Local Assistance Road Program Study Committee; and for other purposes.
WHEREAS, increased funding ofthe local assistance road program is crucial to the continued economic development of this state; and

____________GEORGIA LAWS 2002 SESSION__________1441
WHEREAS, there is a need to review such laws relating to that program and the manner of its funding to determine whether any reform, revision, or modernization of such laws is necessary and appropriate under current economic conditions so as to better fulfill the purposes of such laws.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that there is created the Joint Local Assistance Road Program Study Committee to be composed of four members of the Senate, two members of county governing authorities, and one member of a municipal governing authority to be appointed by the President of the Senate and four members of the House of Representatives, two members of county governing authorities, and one member of a municipal governing authority to be appointed by the Speaker of the House of Representatives. The President of the Senate and the Speaker of the House shall each designate a member of the committee as cochairperson of 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 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 legislative members ofthe committee shall receive the allowances authorized for legislative members ofinterim legislative committees but shall receive the same for not more than three days unless additional days are authorized by the President of the Senate and the Speaker of the House of Representatives. The nonlegislative members shall serve without compensation. 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. 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, 2002. The committee shall stand abolished on December 31, 2002.
Approved May 16, 2002.
VETERANS PARKWAY - DESIGNATED.
No. 52 (House Resolution No. 1215).
A RESOLUTION
Designating the Veterans Parkway; and for other purposes.

1442_____GENERAL ACTS AND RESOLUTIONS, VOL. I________
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that State Route 156 from its intersection with River Street to its intersection with McConnell Street in the City of Calhoun be designated the Veterans Parkway.
BE IT FURTHER RESOLVED that the Department ofTransportation is authorized and directed to place and maintain appropriate markers designating the Veterans Parkway.
Approved May 16, 2002.
WATER WELL DRILLING VEHICLES AND EQUIPMENT CONGRESS URGED TO RECLASSIFY.
No. 53 (House Resolution No. 209).
A RESOLUTION
Urging the United States Congress to support legislation which would provide for the reclassifying of water well drilling vehicles and equipment as agricultural equipment under the commercial driver's license (CDL) statute; and for other purposes.
WHEREAS, water well drilling contractors are extremely small construction contractors who drill water wells for individuals, cities, counties, industry, and farmers; and
WHEREAS, federal law requires all persons operating vehicles in excess of 26,000 pounds transporting people or property to have a commercial driver's license (CDL); and
WHEREAS, this act is primarily for the common or contractor carrier; and
WHEREAS, agricultural vehicles are exempt from the requirements of the commercial driver's license statute; and
WHEREAS, water well drilling contractors rarely travel more than 150 miles from their home office, which is one of the criteria of agricultural vehicles contained in the commercial driver's license statute; and
WHEREAS, these contractors rarely travel across state boundaries; and
WHEREAS, the requirements of the commercial driver's license statute are extremely difficult to pass; and

_____________GEORGIA LAWS 2002 SESSION__________1443
WHEREAS, it is a tremendous burden on these small businesses to find, hire, and pay employees who have a commercial driver's license; and
WHEREAS, this requirement adds a great deal of unnecessary expense to the price of a well for the well owner.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the members ofthis body respectfully request that the United States Congress enact legislation reclassifying water well drilling vehicles and equipment as agricultural equipment under the federal commercial driver's license laws.
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 Clerk ofthe United States House ofRepresentatives and the Secretary ofthe United States Senate.
Approved May 16, 2002.
RONNIE GREEN PARKWAY - DESIGNATED.
No. 54 (House Resolution No. 1319).
A RESOLUTION
Designating the "Ronnie Green Parkway"; and for other purposes.
WHEREAS, Ronnie Green of Gainesville, Georgia, will be long remembered by his family and the broad circle of neighbors, associates, and friends who treasured him; and
WHEREAS, he was the only son of Lillie Mae Green and Frank Green who owned and operated Green's Grocery for over 50 years, and, following his graduation from the University of Georgia, he returned to assist in the family business that he enjoyed all his life; and
WHEREAS, he was a remarkable fellow who was quite intelligent and eager to learn all that he could in any number of fields, and he studied law, held real estate license, and actively enrolled in courses at Gainesville College for the sheer joy of learning; and
WHEREAS, after his parents sold the business in 1995, he continued to work at the store and pursue the enjoyment of his particular interests and his acquaintances and good friends; and

1444_____GENERAL ACTS AND RESOLUTIONS, VOL. I_______
WHEREAS, he was a good-hearted, compassionate, solid member of the Gainesville community, and his wonderful talents and interest in people of all walks of life touched the lives of countless persons who will cherish his memory forever.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that that portion of Georgia Highway 129 lying within the corporate limits of the City of Gainesville between Glenwood Drive and Riverside Terrace shall be designated as the "Ronnie Green Parkway."
BE IT FURTHER RESOLVED that the Department ofTransportation is authorized and directed to erect and maintain appropriate signs designating the "Ronnie Green Parkway."
BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is authorized and directed to transmit an appropriate copy of this resolution to the family of Ronnie Green.
Approved May 16,2002.
HENRY P. RUSSELL, JR., PARKWAY - DESIGNATED.
No. 57 (House Resolution No. 1373).
A RESOLUTION
Commending Henry P. Russell, Jr., and designating the Henry P. Russell, Jr., Parkway; and for other purposes.
WHEREAS, Henry P. Russell, Jr., is the son of Henry P. Russell, Sr., and Leila Harris Russell and came to live in Thomas County in 1923; and
WHEREAS, with the advent of World War II, he entered the U.S. Navy in 1942 and served four years in the Pacific as a Navy 3rd Classman and was involved in the invasion of Okinawa and several small islands in the Philippines; and
WHEREAS, he began his political career in 1952 while serving on the Boston School Board from 1952 through 1956 and was elected to the Thomas County Board of Commissioners from the Boston District in 1955; and
WHEREAS, he was first elected to the House of Representatives in 1962 and served on both the board of commissioners and as state representative from 1962-1964, a practice that was both legal and not uncommon at that time and

____________GEORGIA LAWS 2002 SESSION__________1445
returned to the political arena in 1974 and was elected to represent Senate District 10 from 1974 through 1978.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that Henry P. Russell, Jr., is commended for his many decades of public service.
BE IT FURTHER RESOLVED that State Highway 38 from a point beginning at the eastern border of Thomas County to its intersection with U.S. Highway 19 is designated the Henry P. Russell, Jr., Parkway.
BE IT FURTHER RESOLVED that the Department ofTransportation is authorized and directed to place and maintain appropriate markers designating the Henry P. Russell, Jr., Parkway.
Approved May 16, 2002.
JOE T. WOOD, SR. - PLACEMENT OF PORTRAIT AT THE GEORGIA WAR VETERANS HOME IN MILLEDGEVILLE.
No. 59 (House Resolution No. 1374).
A RESOLUTION
Directing the placement of a portrait of Honorable Joe T. Wood, Sr., at the Georgia War Veterans Home in Milledgeville; and for other purposes.
WHEREAS, Honorable Joe T. Wood, Sr., was privileged to serve this great nation during World War II from December 31,1942 to February 26,1946, with overseas duty in the Philippines; and
WHEREAS, he was in the retail business prior to and immediately after World War II, has been continuously active in the insurance industry in December, 1951, and is currently serving as Chairman Emeritus of HRH-Turner, Wood & Smith Insurance Center in Gainesville, Georgia; and
WHEREAS, he is a charter member ofVFW Post 8452 in Gainesville, Georgia, has been a member since October, 1946, served as Post Commander and District Commander, served as Commander of the State of Georgia in 1953-54, was a member of the Ail-American Team and Commander of the Year of Department Commanders and has been privileged to serve on national appointments for over four decades, including service as National Chief of Staff, Chairman of the Budget

1446_____GENERAL ACTS AND RESOLUTIONS, VOL. I________
and Finance Committee on two occasions, a member for many years on the Legislative and VFW-PAC Committees, and Chairman of the VFW-PAC Committee on two occasions; and
WHEREAS, he is a life member of the VFW, the American Legion, and the DAV; and
WHEREAS, he is active in religious and community affairs, is an active member of the Chicopee Baptist Church and the Rotary Club, is a past trustee of Gainesville College, and a trustee and member ofthe executive committee ofTruett McConnell College; and
WHEREAS, he served with distinction, dedication, and ability as a member of the House of Representatives for 23 years, during which time he served as either chairman or vice chairman of the Defense and Veterans Affairs Committee; and
WHEREAS, following his retirement from the General Assembly, the state constructed a 150-bed nursing home for veterans in Milledgeville at a cost of over $6 million and named this outstanding facility the "Joe T. Wood Building"; and
WHEREAS, Honorable Joe T. Wood, Sr., has served for 13 years as legislative consultant for the Medical Association of Georgia; and
WHEREAS, he was devoted to his late wife, Helen T. Wood, and is the father of an outstanding son, Joe T. Wood, Jr., and the proud grandfather of Marinell and Trey Wood; and
WHEREAS, the Wood family has graciously made an oil painting ofHonorable Joe T. Wood, Sr., available to the State of Georgia.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the members of this body recognize and commend Honorable Joe T. Wood, Sr., for his many years of service to the State of Georgia and the veterans ofthis nation and hereby direct that the portrait ofHonorable Joe T. Wood, Sr., be placed in the entrance lobby ofthe Joe T. Wood Building at the Georgia War Veterans Home in Milledgeville.
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 Joe T. Wood, Sr., and the commissioner of veterans affairs.
Approved May 16, 2002.

____________GEORGIA LAWS 2002 SESSION__________1447
BLUE STAR MEMORIAL HIGHWAY; WRIGHT'S CROSSING - DESIGNATED.
No. 60 (House Resolution No. 1320).
A RESOLUTION
Designating that portion of Covington Highway within the city limits of Avondale Estates as a Blue Star Memorial Highway; to designate the Intersection of State Route 378 and Petersburg Road in Lincoln County as "Wright's Crossing"; and for other purposes.
Parti
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 Avondale Estates Garden Club desires to sponsor that portion of Covington Highway within the city limits of Avondale Estates 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 Covington Highway within the city limits of Avondale Estates is designated as a Blue Star Memorial Highway, and the Department of Transportation is authorized and directed to permit the Avondale Estates Garden Club to erect and maintain appropriate signs so memorializing the highway.

1448______GENERAL ACTS AND RESOLUTIONS, VOL. I________
Part II
WHEREAS, the house located at the intersection of State Route 378 and Petersburg Road in Lincoln County was constructed by David Blalock in 1792 and has been owned by the Wright family for 150 years and is totally in its original condition.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the intersection of Georgia State Route 378 and Petersburg Road in Lincoln County be designated as "Wright's Crossing."
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 Avondale Estates Garden Club.
Approved May 16, 2002.
STATE PROPERTY - CONVEYANCE TO CITY OF KINGSTON.
No. 61 (House Resolution No. 949).
A RESOLUTION
Authorizing the conveyance of certain state owned real property located in Bartow County, Georgia; to repeal conflicting laws; and for other purposes.
WHEREAS, the State of Georgia is the owner of a certain parcel of real property located in Bartow County, Georgia; and
WHEREAS, said real property is all that tract or parcel of land, lying and being in Land Lot 231 of the 5th District, 3rd Section of Bartow County, Georgia, and described as a portion of parcel number 3 on Western and Atlantic Railroad Valuation Map No. V2/27 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; and
WHEREAS, said property is within the lease limits of the State of Georgia's lease of the Western and Atlantic Railroad Right of Way to CSX Transportation Inc.; and
WHEREAS, the City of Kingston, Bartow County, Georgia, is desirous of acquiring the above-described property in order to build a park to house a monument honoring America's War Veterans; and

_____________GEORGIA LAWS 2002 SESSION__________1449
WHEREAS, CSX Transportation Inc. is encouraged to release its interest in the above-described property so that the property may be conveyed to the City of Kingston, Bartow County, Georgia.
NOW, THEREFORE, BE IT RESOLVED AND ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. That the State of Georgia is the owner of the above-described real property and that in all matters relating to the conveyance of the real property the State of Georgia is acting by and through its State Properties Commission.
SECTION 2. That the above-described real property may be conveyed by appropriate instrument to the City of Kingston, Bartow County, Georgia, by the State of Georgia, acting by and through the State Properties Commission for the consideration of $ 10.00 so long as the property is used for public purposes; provided, however, that if the City of Kingston, Bartow County, Georgia, should determine the need to convey all or a portion of the above-described property to a private person, corporation, or private entity, prior to such conveyance the grantee and terms and conditions of said conveyance must first be approved by the State Properties Commission and all proceeds generated from the conveyance, less direct expenses incurred as a result of the conveyance, shall be remitted to the State Properties Commission and deposited in the state treasury 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 prior to any conveyance of the above-described property to the City of Kingston, Bartow County, Georgia, CSX Transportation Inc. must first release its leasehold interest in the property to the State of Georgia.
SECTION 4. That the authorization in this resolution to convey the above-described property to the City of Kingston, Bartow County, Georgia, shall expire three years after the date that this resolution becomes effective.
SECTION 5. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyance.
SECTION 6. That the deed of conveyance shall be recorded by the grantee in the Superior Court of Bartow County and a recorded copy shall be forwarded to the State Properties Commission.

1450_____GENERAL ACTS AND RESOLUTIONS, VOL. I________
SECTION 7. That custody of the above-described property shall remain in the custody of the State Properties Commission until the property is conveyed to the City of Kingston, Bartow County, Georgia.
SECTION 8. That all laws and parts of laws in conflict with this resolution are repealed.
Approved May 16, 2002.
J. T. "SONNY" KING MEMORIAL REGIONAL OFFICE OF THE GEORGIA BUREAU OF INVESTIGATION - DESIGNATED.
No. 62 (House Resolution No. 1296).
A RESOLUTION
Designating the "J.T. 'Sonny' King Memorial Regional Office" of the Georgia Bureau of Investigation at Milledgeville, Georgia; and for other purposes.
WHEREAS, the late Special Agent in Charge ("SAC") Sonny King was a law enforcement officer for the State of Georgia for over 20 years until his death in the line of duty in 1985; and
WHEREAS, SAC Sonny King was born and raised in Baldwin County, Georgia, where generations of his family have resided; and
WHEREAS, SAC Sonny King served as a Georgia State Trooper from 1964 to 1968; and
WHEREAS, he then joined the Georgia Bureau of Investigation as a Special Agent; and
WHEREAS, SAC Sonny King returned home to Baldwin County and served as the Special Agent in Charge of the Milledgeville Regional Office of the Georgia Bureau of Investigation from 1979 until his death in 1985; and
WHEREAS, during his tenure as Special Agent in Charge of the Milledgeville Regional Office, SAC Sonny King worked diligently to convict lawbreakers while working just as hard to protect the innocent and assist victims of crime; and

____________GEORGIA LAWS 2002 SESSION__________1451
WHEREAS, on September 13, 1985, SAC Sonny King and another agent of the Georgia Bureau of Investigation were in Morgan County to arrest a suspect in a double homicide case; and
WHEREAS, the suspect began shooting at the agents and a bullet struck SAC King in the chest; and
WHEREAS, despite his injury, he was able to return fire, along with the other agent, and the suspect later died; and
WHEREAS, SAC Sonny King died at the scene; and
WHEREAS, he faithfully served the State of Georgia and its citizens until his death in 1985; and
WHEREAS, his bravery and valor will never be forgotten by his fellow agents of the Georgia Bureau of Investigation.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAE ASSEMBLY OF GEORGIA that the Georgia Bureau of Investigation is authorized and directed to designate the Milledgeville Regional Office of the Georgia Bureau of Investigation as the "J.T. 'Sonny' King Memorial Regional Office" and to erect and maintain an appropriate marker at the complex for such purposes.
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 SAC J.T. "Sonny" King.
Approved May 16, 2002.
JOINT CONSTRUCTION CODES STUDY COMMITTEE; JOINT STUDY COMMITTEE ON JEKYLL ISLAND; AND JOINT STUDY COMMITTEE ON EARLY CHILDHOOD EDUCATION - CREATED.
No. 63 (House Resolution No. 1105).
A RESOLUTION
Creating the Joint Construction Codes Study Committee; Creating the Joint Study Committee on Jekyll Island; and the Joint Study Committee on Early Childhood Education; and for other purposes.

1452_____GENERAL ACTS AND RESOLUTIONS, VOL. I________
Parti WHEREAS, the design, construction, and development process is vital to the economy of the State of Georgia; and
WHEREAS, construction codes and standards, which regulate the building industry, ensure that our buildings and infrastructure are structurally safe and sound, which is essential to the health, safety, and welfare of the citizens of Georgia; and
WHEREAS, the current system for administering construction codes by multiple government agencies with varying rules and regulations may delay approval and construction due to conflicting interpretation of codes; and
WHEREAS, the current practice creates confusion and delays in the delivery of inspection services to the citizens and building owners of the State of Georgia; and
WHEREAS, construction and fire codes, and potential amendments, should be developed in a process that allows decisions to be made by a single committee of experts after public review and comment; and
WHEREAS, providing training and education for all code officials is vital to obtain consistency in administering, interpreting, and enforcing construction codes in Georgia; and
WHEREAS, a group of stakeholders representing the code enforcement community, the design community, and the construction community have come together to address these issues for the betterment of Georgia.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that there is created the Joint Construction Codes Study Committee to be composed of four members to be appointed by the Speaker of the House of Representatives, one of whom shall be a member of the House of Representatives, four members to be appointed by the President of the Senate, one of whom shall be a member of the Senate, four members to be appointed by the Governor, the Fire Safety Commissioner or his or her designee, the commissioner of community affairs or his or her designee, the Commissioner of Labor or his or her designee, and the chairperson of the Budgetary Responsibility Oversight Committee. The nonlegislative members of the committee shall represent the interests of architecture, engineering, energy efficiency, commercial building, residential building, organized construction labor, cities, counties, interior design, and multi-family project developers. The Speaker ofthe House ofRepresentatives shall designate a member of the House and the President of the Senate shall designate a member of the Senate who shall serve as cochairpersons of the committee. The committee shall meet at the call of the cochairpersons.

____________GEORGIA LAWS 2002 SESSION__________1453
BE IT FURTHER RESOLVED that the committee shall undertake a study of the conditions, needs, issues, and problems mentioned above or related thereto and recommend any actions or legislation which the committee deems necessary or appropriate. The committee may conduct such meetings at such places and at such times as it may deem necessary or convenient to enable it to exercise fully and effectively its powers, perform its duties, and accomplish the objectives and purposes of this resolution. The 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 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, 2002. The committee shall stand abolished on December 31, 2002.
AND BE IT FURTHER RESOLVED that there is created the Joint Study Committee on Jekyll Island to be composed of six members, consisting of three members of the House of Representatives to be appointed by the Speaker of the House of Representatives and three members of the Senate to be appointed by the President of the Senate. The Speaker of the House of Representatives shall designate one of the two members of the House and the President of the Senate shall designate one of the two members of the Senate who shall serve as cochairpersons of the committee. The committee shall meet at the call of the cochairpersons.
BE IT FURTHER RESOLVED that the committee shall undertake a study of the conditions, needs, issues, and problems related to the future development of Jekyll Island. The committee may conduct such meetings as deemed necessary. 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 carry out the provisions of this resolution shall come from funds appropriated to the House of Representatives and Senate. Any report of the committee shall be made on or before December 31, 2002. The committee shall stand abolished on December 31,2002.
Part II WHEREAS, Georgians are concerned about the viability and strength of the early childhood education delivery system that is critical for working families and especially for the transition from welfare to work; and
WHEREAS, this system is an important source of over 30,000 jobs for young people; and

1454_____GENERAL ACTS AND RESOLUTIONS, VOL. I_______
WHEREAS, recently published neurological and educational research shows the vital importance of proper development in the first four years of a child's life to future school success; and
WHEREAS, this system is the critical first element of the seamless, lifelong learning path that legislators are working toward; and
WHEREAS, coordination with this system is necessary for the smooth transition of young children into grade school; and
WHEREAS, no study in Georgia has ever been conducted to ensure that the state has a streamlined organization in place to promote and sustain such a system; and
WHEREAS, a need exists to explore the innovative programs other states have developed to nurture and promote growth and quality in their early childhood education delivery systems; and
WHEREAS, employers consider this system to be of paramount importance.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that there is created the Joint Study Committee on Early Childhood Education to be composed of 12 members as follows: three members appointed by the Speaker of the House of Representatives; three members appointed by the Lt. Governor; three members appointed by the Governor; and one representative from each of the following organizations: the Georgia Child Care Council, the Georgia Early Learning Initiative Board, and the Georgia Child Care Leadership Forum. 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 importance of early childhood education in Georgia's future and any and all issues related to its success. Such issues include the impact of this system on families, employers, welfare reform, pre-k programs, and the future education of children; funding concerns; general management and oversight issues related to creating the most efficient and effective model to manage and stimulate this system; and innovative programs from other states.
BE IT FURTHER RESOLVED that the committee shall undertake a comprehensive study of the conditions, needs, issues, and problems mentioned in this resolution or related thereto and recommend any actions or legislation which the committee deems necessary or appropriate. The committee may conduct such meetings at such places and at such times as it may deem necessary or convenient to enable it to exercise fully and effectively its powers, perform its duties, and accomplish the objectives and purposes of this resolution. The members of the

____________GEORGIA LAWS 2002 SESSION__________1455
committee shall receive the allowances provided for in Code Section 28-1-8 of the Official Code of Georgia Annotated. The allowances authorized by this resolution shall not be received by any member of the committee for 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 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 1,2002.
Approved May 16, 2002.
BLUE STAR MEMORIAL HIGHWAY - DESIGNATED.
No. 64 (House Resolution No. 805).
A RESOLUTION
Designating that portion of State Route 15 within the corporate limits of Sandersville 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; and
WHEREAS, the Town and Country Garden Club desires to sponsor that portion of State Route 15 within the corporate limits of Sandersville 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.

1456_____GENERAL ACTS AND RESOLUTIONS, VOL. I________
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY that the portion of State Route 15 within the corporate limits of Sandersville is designated as a Blue Star Memorial Highway, and the Department of Transportation is authorized and directed to permit the Town and Country Garden Club to erect and maintain appropriate signs so memorializing the highway.
BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is authorized and directed to transmit appropriate copies of this resolution to the Department of Transportation and the Town and Country Garden Club.
Approved May 16, 2002.
VETERANS PARKWAY, TALMADGE PLAZA, ROBBIE BISHOP MEMORIAL HIGHWAY, NORMAN W. FRIES HIGHWAY DESIGNATED.
No. 65 (House Resolution No. 838).
A RESOLUTION
Designating Veterans Parkways, Talmadge Plaza, Robbie Bishop Memorial Highway, Norman W. Fries Highway; and for other purposes.
WHEREAS, many courageous men and women in the history of our nation have risen to the call and performed their duty to defend this country and its freedom in times of conflict; and
WHEREAS, the late Herman Talmadge was one of Georgia's most distinguished citizens who served as Governor of the State of Georgia and as a United States Senator and who passed away on March 21, 2002; and
WHEREAS, Robbie Bishop was a courageous and dedicated police officer who served as a captain with the City of Villa Rica Police Department and who was killed in the line of duty on January 20, 1999; and
WHEREAS, Norman Warren Fries was a prominent businessman, civic leader, and generous philanthropist in Claxton, Georgia, where he was the largest employer in Evans County and positively influenced the quality of life for his fellow citizens.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:

____________GEORGIA LAWS 2002 SESSION__________1457
SECTION 1. That Georgia State Route 156 from its intersection with River Street to its intersection with McConnell Street in the City of Calhoun be designated the Veterans Parkway.
SECTION 2. That the Georgia Highway 319 East Bypass from the intersection of Georgia Highway 33 to the intersection point of Georgia Highway 35 in Colquitt County be designated the Veterans Parkway.
SECTION 3. That Georgia Highway 113 from U.S. Highway 278 in Rockmart to the Bartow County line be designated the Veterans Parkway.
SECTION 4. That the brick-paved area surrounding the statue of the late Governor Herman Talmadge across Washington Street from the State Capitol is designated in Governor Talmadge's honor as Talmadge Plaza, which is more particularly described as follows: begin at a point on the westerly side of Washington Street, which point is 110 feet, more or less, northeasterly along Washington Street from its intersection with Mitchell Street, and proceed from said point of beginning: 112 feet, more or less, in a generally northwesterly direction; then 128 feet, more or less, in a generally northeasterly direction; then 112 feet, more or less, in a generally southeasterly direction to Washington Street; and then 128 feet, more or less, along Washington Street in a southwesterly direction to the point ofbeginning.
SECTION 5. That the portion of Georgia Highway 61 from the city limits of the City of Villa Rica to the intersection of Georgia Highway 61 with Paulding County Road Number 472 be designated as the Robbie Bishop Memorial Highway.
SECTION 6. That U.S. Highway 301 in the corporate limits of the City of Claxton be designated the Norman W. Fries Memorial Highway.
SECTION 7. That the Department of Transportation is authorized and directed to place and maintain one or more appropriate signs or markers designating the above named roads and the Georgia Building Authority is authorized and directed to place and maintain one or more appropriate signs or markers designating the Talmadge Plaza.
Approved May 16, 2002.

1458_____GENERAL ACTS AND RESOLUTIONS, VOL. I_______
COMMISSION ON PSYCHIATRIC MEDICATION OF SCHOOL-AGE CHILDREN - CREATED.
No. 66 (House Resolution No. 946).
A RESOLUTION
Creating the Commission on Psychiatric Medication of School-Age Children; and for other purposes.
WHEREAS, national medical reports indicate that psychiatric drugs are prescribed to between 5 million and 6 million children each year who represent about 10 percent of the total school-age population; and
WHEREAS, the International Narcotics Control Board of the World Health Organization has reported that the United States is among the leading users of psychiatric drugs and has warned us against our national trend to overprescribe stimulants for children; and
WHEREAS, it has been suggested that the recent incidents of school violence and other occasions ofviolence are the result ofchildren being unnecessarily medicated.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that there is created the Commission on Psychiatric Medication of School-Age Children. The commission shall be composed of 12 members. Four members of the House of Representatives shall be appointed by the Speaker of the House of Representatives, four members of the Senate shall be appointed by the President ofthe Senate, and four members shall be appointed by the Governor. The Governor shall appoint the chairperson who shall call all meetings and schedule the agenda of the commission.
BE IT FURTHER RESOLVED that the commission shall undertake a study to investigate the use of psychiatric medications and their effects on school-age children of this state and to provide recommendations for improved oversight of the prescribed use of narcotics among Georgia's youth. The commission may conduct meetings at such places and at such times as it may deem necessary or convenient to enable it to exercise fully and effectively its powers, perform its duties, and accomplish the objectives and purposes ofthis resolution. The members of the commission shall serve without compensation; provided, however, that legislative members shall receive the allowances authorized for legislative committees but shall receive the same for not more than five days unless additional days are authorized. The funds necessary to carry out the provisions of this resolution shall come from the funds appropriated to the Senate and House of Representatives. In the event the commission makes a report of its findings and recommendations, with suggestions for proposed legislation, if any, such reports

____________GEORGIA LAWS 2002 SESSION__________1459
shall be made on or before December 1, 2002. The commission shall stand abolished on December 1, 2002.
Approved May 16, 2002.
WWII VETERANS MEMORIAL INTERSECTION, KOREAN WAR VETERANS MEMORIAL INTERSECTION, AND VIETNAM VETERANS MEMORIAL INTERSECTION DESIGNATED.
No. 67 (House Resolution No. 800).
A RESOLUTION
Designating the WWII Veterans Memorial Intersection, the Korean War Veterans Memorial Intersection, and the Vietnam Veterans Memorial Intersection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the intersection of State Highway 17 and State Highway 17A in Stephens County be designated the WWII Veterans Memorial Intersection.
BE IT FURTHER RESOLVED that the intersection of State Highway 17 and State Highway 145 in Stephens County be designated the Korean War Veterans Memorial Intersection.
BE IT FURTHER RESOLVED that the intersection of State Highway 17 and State Highway 106 in Stephens County be designated the Vietnam Veterans Memorial Intersection.
BE IT FURTHER RESOLVED that the Department of Transportation is authorized and directed to place and maintain appropriate markers designating each of such intersections.
Approved May 16, 2002.

1460_____GENERAL ACTS AND RESOLUTIONS, VOL. I
TECHNOLOGY CORRIDOR AND GEORGIA'S HIGH TECH CORRIDOR - DESIGNATED.
No. 68 (House Resolution No. 1327).
A RESOLUTION
Designating portions of the state highway system; and for other purposes.
Parti
WHEREAS, the General Assembly recognizes that future economic development for the City of Augusta may well lie with expanding the research and technologies involving biomedical activities currently being undertaken between the Medical College of Georgia and the University of Georgia; and
WHEREAS, the economic development of any community or geographic area is in great measure dependent upon the quality of the surface transportation facilities serving the community of that area; and
WHEREAS, the General Assembly hereby recognizes the obvious merits in identifying the major road linking the City of Augusta and Athens as a critical component to the continued investments in the communities on or near the SR 10/US78.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the portion of SR 10AJS 78 from the corporate limits of the City of Augusta to the corporate limits of the City of Athens is designated as the Technology Corridor.
BE IT FURTHER RESOLVED that the Department ofTransportation is authorized and directed to place and maintain appropriate markers and signs so designating such corridor.
Part II
BE IT FURTHER RESOLVED that the portion of U. S. Highway 441 from the corporate limits of the City of Dublin to the point at which it connects with U. S. Highway 341 and from the portion of U. S. Highway 341 from the corporate limits of the City of Perry to the corporate limits of the City of Brunswick is designated as Georgia's High Tech Corridor, and the Department of Transportation is authorized and directed to erect and maintain signs so identifying the corridor.

____________GEORGIA LAWS 2002 SESSION__________1461
Part III
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 May 16, 2002.
JOINT STUDY COMMITTEE ON ECONOMIC DEVELOPMENT THROUGH THE INVESTMENT
OF STATE PENSION FUNDS INTO PRIVATE EQUITIES - CREATED.
No. 69 (House Resolution No. 1372).
A RESOLUTION
Creating the Joint Study Committee on Economic Development Through the Investment of State Pension Funds into Private Equities; and for other purposes.
WHEREAS, the General Assembly is concerned with stimulating continued economic development in Georgia; and
WHEREAS, authorizing the investment of state pension funds into private equities provides the opportunity to enhance economic development in Georgia by creating access to more investment dollars nationally as well as in Georgia; and
WHEREAS, 80 percent of state pension plans across the country authorize private equities in their investment portfolio; and
WHEREAS, Georgia needs the same investment tools as these states but is currently prohibited from investing state pension funds in private equities; and
WHEREAS, an independent audit completed by KPMG in January, 2001, recommended that Georgia should pursue legislative changes that would allow for the addition of private equities to its two largest retirement plans; and
WHEREAS, the board of trustees of the Teachers Retirement System and the Employees' Retirement System both voted unanimously to support allowing investments in private equities; and

1462_____GENERAL ACTS AND RESOLUTIONS, VOL. I________
WHEREAS, diversification into private equities provides the opportunity to enhance the pension fund's performance in order to improve benefits for members of the fund; and
WHEREAS, over the last 30 years private equity returns exceed traditional annual equity returns by 4 to 6 percent per year; and
WHEREAS, pensions paid out to the Teachers Retirement System and the Employees' Retirement System retirees are a guaranteed benefit and by law cannot be reduced; and
WHEREAS, as with current pension fund investments, funds invested in private equities will be independently and prudently managed by professional, federally regulated asset management firms; and
WHEREAS, current limitations on investments in private equities in Georgia hinders the ability ofGeorgia based venture funds to attract investment dollars from the state retirement funds of other states, thus reducing the amount of venture capital resident in Georgia, putting Georgia at a disadvantage vis-a-vis other states in terms of supplying private equity capital to Georgia based businesses and creating employment; and
WHEREAS, in 2001, current limitations led to a Georgia based venture capital firm being denied an investment by seven state retirement funds; and
WHEREAS, the private and public sectors invest pension fund dollars into private equities, with the permitted investment range being usually from 2 to 10 percent of total investments; and
WHEREAS, those Georgia companies offering equity investment include United Parcel Service, Synovus, Delta, and Coca-Cola, as well as foundations related to Emory, Georgia Tech, and the University of Georgia.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that there is created the Joint Study Committee on Economic Development Through the Investment of State Pension Funds into Private Equities to be composed of 23 members as follows: 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; nine members appointed by the Governor to include the following: one member of the Teachers Retirement System of Georgia, one member of the Employees' Retirement System of Georgia, one member of the Professional Association of Georgia Educators, one member of the Georgia Federation of Teachers, one member ofthe Service Employees International Union, one member ofthe Georgia Association of Educators, one member of the Georgia Retired Educators

____________GEORGIA LAWS 2002 SESSION__________1463
Association, and two citizens at large; the chairperson of the Board of Industry, Trade, and Tourism; the director of the Office of Planning and Budget; the director of the Office of Treasury and Fiscal Services; the state auditor; the director of the Georgia Research Alliance; and the chairperson of the State Board of Education. 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, to specifically include, but not be limited to, a review of this issue in other states, a review of the KPMG study from 2001, testimony from private sector companies and public foundations in Georgia that invest pension funds in private equities, testimony from members of the Teachers Retirement System of Georgia and Employees Retirement System of Georgia, and testimony from experts who can educate the committee as to the economic development opportunities provided by authorizing the investment of state pension funds into private equities. The committee may conduct such meetings at such places and at such times as it may deem necessary or convenient to enable it to exercise fully and effectively its powers, perform its duties, and accomplish the objectives and purposes of this resolution. The legislative members of the committee shall receive the allowances authorized for legislative members of interim legislative committees but shall receive the same for not more than five days unless additional days are authorized. The public members of the committee who are not public employees shall receive from legislative funds a daily expense allowance as provided in subsection (b) of Code Section 45-7-21 of the O.C.G.A. Any public employees on the commission shall receive no compensation from legislative funds but may be reimbursed for expenses by their employers. The funds necessary to carry out the provisions of this resolution shall come from the funds appropriated to the Senate and the House of Representatives. The committee shall make a report of its findings and recommendations, with suggestions for proposed legislation, if any, on or before December 1, 2002, on which date the committee shall stand abolished.
Approved May 16, 2002.
PUBLIC SAFETY AND VETERANS HIGHWAY DESIGNATED.
No. 70 (House Resolution No. 787).
A RESOLUTION
Designating US Highway 301 as the Public Safety and Veterans Highway; and for other purposes.

1464_____GENERAL ACTS AND RESOLUTIONS, VOL. I_________
WHEREAS, all Georgians and all Americans value the sacred right of liberty, that right for which the founders of our nation pledged to fight with their lives, their fortunes, and their sacred honor to win, secure, and protect; and
WHEREAS, hundreds of thousands of men and women from Georgia have served in the armed forces of this country and represented their families and communities during periods of war and conflict, enduring separation from their homes, families, friends, and loved ones for extended periods in service to our freedom; and
WHEREAS, all of these veterans exemplify our founding fathers' ideals through their service to this nation and a number of these Georgians gave the ultimate sacrifice of their lives for the sake of our liberty; and
WHEREAS, similarly, there are now thousands of Georgians who are dedicated to protecting and serving the interests of life and freedom here at home; and
WHEREAS, our firefighters, law enforcement officers, emergency medical technicians, and other public safety providers singularly dedicate themselves to the protection of life and property and to the preservation of the values which we cherish; and
WHEREAS, it is the heroic actions of these brave men and women, who place their lives on the line daily, which provide the citizenry of this state a more secure and safer way of life; and
WHEREAS, the courage, honor, and valor shown by our veterans and all of our public safety providers deserve to be duly recognized.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that U.S. Highway 301 beginning in Jesup, Georgia and extending southward to the Florida state line is designated as the Public Safety and Veterans 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.
Approved May 16, 2002.

____________GEORGIA LAWS 2002 SESSION__________1465
ELLIS ARNALL HIGHWAY - DESIGNATED.
No. 71 (House Resolution No. 1222).
A RESOLUTION
Designating the "Ellis Arnall Highway"; and for other purposes.
WHEREAS, the Honorable Ellis Arnall served with great distinction as Governor of the State of Georgia from 1943 to 1947; and
WHEREAS, this great Georgian was bom on March 20, 1907, in Newnan, where he lived for most of his life, and passed away on December 13, 1992; and
WHEREAS, he was a distinguished and respected member of the Bar and argued before the United States Supreme Court the famous railroad freight case which lowered rates throughout the South and is widely credited for the region's subsequent economic development; and
WHEREAS, he was widely recognized as an effective and progressive Governor whose many accomplishments included the creation of the State Board of Regents to depoliticize the state's university system and the modernization ofthe state penal system; and
WHEREAS, it is fitting that the great State of Georgia remember this great leader with pride and affection.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the section ofGeorgia Interstate Highway 1-85 between Exit 47 and Exit 51 is hereby named and designated as the "Ellis Arnall Highway."
BE IT FURTHER RESOLVED that the Department ofTransportation is authorized and directed to erect and maintain appropriate signs designating such highway.
BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is authorized and directed to transmit appropriate copies ofthis resolution to the State Transportation Board and to the family of the late Ellis Arnall.
Approved May 16, 2002.

1466_____GENERAL ACTS AND RESOLUTIONS, VOL. I________
FLOOD TOWN CHRISTMAS COMMUNITY DESIGNATION AS COMMUNITY.
No. 72 (House Resolution No. 1087).
A RESOLUTION
Designating the Flood Town Christmas Community in Murray County; and for other purposes.
WHEREAS, Flood Town is located in Murray County on Flood Town Road, east of Eton, Georgia; and
WHEREAS, Frank Flood and his wife farmed and raised a Christian family often children in a close community that came to be known as Flood Town; and
WHEREAS, the Frank Flood family started the tradition of decorating with lights and manger scenes during the Christmas season which has spread out to Eton and other areas of the community; and
WHEREAS, on Thanksgiving Day the Flood Town Christmas lights are turned on for thousands of visitors from Georgia and other states to enjoy.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the Flood Town area of Murray County be designated as the Flood Town Christmas Community in honor of its place in Georgia history.
BE IT FURTHER RESOLVED that the Department ofTransportation is authorized and directed to erect and maintain appropriate signs so designating the community.
BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is authorized and directed to transmit appropriate copies ofthis resolution to the Frank Flood family, to Tyson Haynes, Commissioner of Murray County, and to the Department of Transportation.
Approved May 16, 2002.

____________GEORGIA LAWS 2002 SESSION__________1467
STATE PROPERTY - EXCHANGE OF PROPERTY WITH HOUSTON COUNTY AND CITY OF WARNER ROBINS; EXCHANGE OF PROPERTY WITH GEORGIA POWER COMPANY; CONVEYANCE TO HOUSTON COUNTY DEVELOPMENT AUTHORITY.
No. 73 (House Resolution No. 1075).
A RESOLUTION
Authorizing the conveyance ofcertain state owned real property located in Houston County, Georgia, in exchange for certain other property in Georgia; authorizing the conveyance of certain state owned real property located in Fulton County, Georgia, in exchange for certain other property in Georgia; authorizing the conveyance of certain state owned property in Houston County, Georgia; to repeal conflicting laws; and for other purposes.
WHEREAS: (1) The State of Georgia is the owner of a certain tract of real property located in Houston County, Georgia; (2) Said real property is all that tract or parcel of land, lying and being in Land Lots 230, 231, 233, and 234 of the 5th District, of Houston County, Georgia, and is more particularly described on a plat of survey entitled "Boundary Survey for Georgia Department ofNatural Resources," dated October 8,1996, by V. T. Hammond, Georgia Registered Land Surveyor No. 2554, containing 544.02 acres 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 and management of the Department of Natural Resources; (4) The United States Air Force is in need of expanding Robins Air Force Base in order to allow for the location of the Joint Surveillance, Tracking and Radar System; (5) The location of the Joint Surveillance, Tracking and Radar System would be of great benefit to the local region and the State of Georgia; (6) A coalition of Houston County and City of Warner Robins governmental entities has come together to help bring about the above-mentioned Robins Air Force Base expansion; and (7) In furtherance of said expansion the above-mentioned coalition have proposed to exchange certain properties owned, or to be owned, by one or more members of the coalition for the above-described state owned property; and

1468_____GENERAL ACTS AND RESOLUTIONS, VOL. I__________
WHEREAS: (1) The State of Georgia is the owner of a certain tract of real property located in Fulton County, Georgia; (2) Said real property is all that tract or parcel of land, lying and being in Land Lot 84 ofthe 14th District, ofFulton County, Georgia, and is more particularly described on a drawing entitled "Georgia World Congress Center Property to be exchanged with Georgia Power Company", dated February 27, 2002, containing approximately 0.09 ofone acre and on file in the offices ofthe 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 and management of the Georgia World Congress Center; (4) Georgia Power Company is the owner of a certain parcel adjoining the above-described state owned property and equal to its size; (5) The Georgia World Congress Center is desirous of exchanging the above-described state owned property for the above-mentioned adjoining property owned by Georgia Power Company; and (6) Georgia Power is desirous of making the above-mentioned exchange of properties; and
WHEREAS: (1) The State of Georgia is the owner of a certain tract 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 upper 5th District of Houston County, Georgia, containing approximately 139.9 acres, and being part of Land Lots 83 and 84, and being more particularly described in a plat of survey by Cherokee Engineering Company dated June 1957, entitled "Property of the State of Georgia, Georgia Forestry Commission" (recorded in Map Book 4, page 266, in Houston County Deed Records) 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 and management of the Georgia Forestry Commission; (4) The Houston County Development Authority is desirous of acquiring the above-described state owned property for the purpose of enhancing growth in the region; and (5) The Georgia Forestry Commission has no objection to this conveyance to the Houston County Development Authority.
NOW, THEREFORE, BE IT RESOLVED AND ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

____________GEORGIA LAWS 2002 SESSION__________1469
ARTICLE I SECTION 1.
That the State of Georgia is the owner of the above-described real property and that in all matters relating to the conveyance of the real property the State of Georgia is acting by and through its State Properties Commission.
SECTION 2, That the above-described state owned real property may be conveyed by appropriate instrument to the appropriate local Houston County or City of Warner Robins governmental entity or entities by the State of Georgia, acting by and through the State Properties Commission in exchange for certain real properties owned by the appropriate local Houston County and City of Warner Robins governmental entity or entities; and said exchange shall be for tracts or parcels of real property of equal value and any difference in values of the tracts or parcels to be exchanged may be made equal by monetary consideration 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 the appropriate Houston County or City of Warner Robins governmental entity or entities in exchange for certain properties owned by the appropriate Houston County or City of Warner Robins governmental entity or entities 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 exchange.
SECTION 5. That the deed of conveyance or the above-described state owned property 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 custody of the Department of Natural Resources until the property is conveyed to the appropriate Houston County or City of Warner Robins governmental entity or entities.

1470______GENERAL ACTS AND RESOLUTIONS, VOL. I________
ARTICLE II SECTION 7.
That the State of Georgia is the owner ofthe above-described real property and that in all matters relating to the conveyance of the real property the State of Georgia is acting by and through its State Properties Commission.
SECTION 8. That the above-described state owned real property may be conveyed by appropriate instrument to Georgia Power Company by the State of Georgia, acting by and through the State Properties Commission, in exchange for certain real property owned by Georgia Power Company; and said exchange shall be for tracts or parcels of real property of equal value as determined by the State Properties Commission to be in the best interest of the State of Georgia and such further consideration and provisions as the State Properties Commission shall in its discretion determine to be in the best interests of the State of Georgia.
SECTION 9. That the authorization in this resolution to convey the above-described property to Georgia Power Company in exchange for certain property owned by Georgia Power Company shall expire three years after the date that this resolution becomes effective.
SECTION 10. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such exchange.
SECTION 11. That the deeds of conveyance of the above-described state owned property shall be recorded by the grantee in the Superior Court ofFulton County and a recorded copy shall be forwarded to the State Properties Commission.
SECTION 12. That custody of the above-described state owned property shall remain in the Georgia World Congress Center until the property is conveyed to Georgia Power Company.
ARTICLE III SECTION 13.
That the State of Georgia is the owner of the above-described real property and that in all matters relating to the conveyance of the real property the State of Georgia is acting by and through its State Properties Commission.

____________GEORGIA LAWS 2002 SESSION_________1471
SECTION 14. That the above-described state owned real property may be conveyed by appropriate instrument to the Houston County Development Authority for a consideration of $686,000.00 and such further consideration and provisions as the State Properties Commission shall in its discretion determine to be in the best interest of the State of Georgia.
SECTION 15. That, for a period of three years from the date the Houston County Development Authority acquires the above-described property, should the Houston County Development Authority determine the need to sell all or a portion of said property as surplus and not for a project within its statutory purposes, then before any disposition of such property, the State of Georgia acting by and through its State Properties Commission shall have the right to purchase said property for the consideration equal to the amount the Houston County Development Authority paid to the state for such property or portion thereofplus the value ofany improvements made to such property.
SECTION 16. That the authorization in this resolution to convey the above-described property to the Houston County Development Authority shall expire three years after the date that this resolution becomes effective.
SECTION 17. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such exchange.
SECTION 18. That the deed of conveyance of the above-described state owned property 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 19. That custody of the above-described state owned property shall remain in the custody of the Georgia Forestry Commission until the property is conveyed to the Houston County Development Authority.
ARTICLE IV SECTION 20.
That all laws and parts of laws in conflict with this resolution are repealed.
Approved May 16, 2002.

1472_____GENERAL ACTS AND RESOLUTIONS, VOL. I_______
RIDLEY COMMUNITY - DESIGNATION AS COMMUNITY.
No. 74 (House Resolution No. 981).
A RESOLUTION
Designating the Ridley Community in Murray County as a community; and for other purposes.
WHEREAS, the Ridley Community is located in Murray County on Georgia Highway 52 and U.S. Highway 76 between the William A. Ridley bridge and the intersection of Greeson Bend Road; and
WHEREAS, by the 1930's and thereafter, this area of Murray County had become known as Ridleyville; and
WHEREAS, with the passing decades the Ridley Community developed into a site for many Ridley families and their friends to live together, worship, learn, and work for the benefit of their families, friends, and Georgia; and
WHEREAS, the Ridley Community is honored to be recognized as the home of Georgia racing legend Jody Ridley, winner of over 500 career victories, the 1980 NASCAR Rookie of the Year, three time Super All Pro Series Champion and three time NASCAR All Pro Series Champion; and
WHEREAS, the residents of the Ridley Community having developed strong relationships and community pride wish to be recognized by the State of Georgia as a community and home to their favorite son, Jody Ridley.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the Ridley Community area in Murray County be designated a community in honor of its place in Georgia history.
BE IT FURTHER RESOLVED that the Department of Transportation is authorized and directed to erect and maintain appropriate signs so designating Ridleyville as a community and home to a great competitor and sportsman, Jody Ridley.
BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is authorized and directed to transmit appropriate copies of this resolution to Tyson Haynes, Commissioner ofMurray County, and to the Department ofTransportation.
Approved May 16, 2002.

____________GEORGIA LAWS 2002 SESSION_________1473
OFFICIAL CODE OF GEORGIA ANNOTATED CERTAIN LAWS BASED UPON CLASSIFICATION
BY POPULATION AMENDED TO REVISE AND CHANGE THE POPULATION AND
CENSUS APPLICATION.
Code Sections 3-3-7, 8-3-50, 15-16-10, 15-16-13, 31-3-2.1, 36-10-2.1, 36-67-1, 36-36-70, 36-82-1,
45-18-7, and 48-5-24 Amended.
No. 990 (House Bill No. 1489).
AN ACT
To amend certain laws and provisions of the Official Code of Georgia Annotated and certain codified and uncodified laws based upon classification by population so as to revise and change the population and census application; 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. The following portions of the Official Code of Georgia Annotated, as amended, are amended: (1) Code Section 3-3-7, relating to local authorization and regulation of sales of alcoholic beverages on Sunday, is amended by striking the introductory language of subsection (b) and inserting in lieu thereof the following:
"(b) In each county having a population of 800,000 or more according to the United States decennial census of 2000 or any future such census in which the sale of alcoholic beverages is lawful:". (2) Code Section 8-3-50, relating to housing authority commissioners, is amended by striking the introductory language of paragraph (3) of subsection (b) and inserting in lieu thereof the following:
"(3) In any county with a population of 800,000 or more according to the United States decennial census of 2000 or any future such census in which the governing body has adopted a resolution as provided in Code Section 8-3-5, the governing body shall, in addition to the other commissioners authorized under paragraph (1) of this subsection:". (3) Code Section 15-16-10, relating to duties of sheriffs, is amended by striking subsection (c) in its entirety and inserting in lieu thereof the following: "(c) In all counties of this state having a population of not less than 625,000 nor more than 725,000 according to the United States decennial census of 2000 or any future such census, it shall be the duty of the sheriffs of such counties to receive, confine, feed, and care for all persons charged with the violation of any

1474______GENERAL ACTS AND RESOLUTIONS, VOL. I________
ordinances of such counties in the same manner as persons charged with an indictable offense, whether such person charged with the violation of an ordinance is being held pending a hearing before the recorder's courts of such counties or has been sentenced by the recorder's courts to imprisonment in the county jail." (4) Code Section 15-16-13, relating to law enforcement contracts with municipalities, is amended by striking subsection (f) in its entirety and inserting in lieu thereof the following: "(f) This Code section shall not apply to any county of 800,000 population or more according to the United States decennial census of 2000 or any future such census." (5) Code Section 31-3-2.1, relating to the creation of county boards of health and wellness, is amended by striking subsection (a) in its entirety and inserting in lieu thereof the following: "(a) This Code section shall apply only to those counties of this state having a population of 800,000 or more according to the United States decennial census of 2000 or any future such census. To the extent that this Code section conflicts with or is inconsistent with other provisions of this chapter, the provisions of this Code section shall control within the counties in which this Code section is applicable. As used in this Code section, the word 'county' means a county to which this Code section is applicable." (6) Code Section 36-10-2.1, relating to the letting of county contracts in counties with population of 550,000 or more, is amended by striking said Code section in its entirety and inserting in lieu thereof the following: "36-10-2.1.
In any county of this state having a population of 800,000 or more according to the United States decennial census of 2000 or any future such census, contracts for building or repairing any courthouse or other public building, jail, bridge, causeway, or other public works or public property shall be let to the lowest responsible bidder, but the governing authority of any such county shall have the right to reject any or all bids for any such contract. The governing authority of any such county, in considering whether a bidder is responsible, may consider the bidder's quality of work, general reputation in the community, financial responsibility, previous employment on public works, and compliance with a minority business enterprise participation plan or making a good faith effort to comply with the goals of such a plan." (7) Code Section 36-67-1, relating to the applicability of zoning review procedures, is amended by striking said Code section in its entirety and inserting in lieu thereof the following: "36-67-1.
This article shall apply only to those counties which have a population of 625,000 or more according to the United States decennial census of 2000 or any future such census and to those municipalities wholly or partially located within such counties which have a population of 100,000 or more according to the United States decennial census of 1980 or any future such census. As used in

____________GEORGIA LAWS 2002 SESSION_________1475
this article, the term 'local government' means those counties and municipalities subject to this article; and the term 'governing authority' means the governing authority of each such county and municipality." (8) Code Section 36-36-70, relating to approval ofproposed annexations in certain counties, is amended by striking subsection (b) and inserting in lieu thereof the following: "(b) The provisions ofthis Code section shall apply only to those counties ofthis state having a population of not less than 625,000 nor more than 725,000 according to the United States decennial census of 2000 or any future such census." (9) Code Section 36-82-1, relating to election for bonded debt, is amended by striking subsection (b.l) in its entirety and inserting in lieu thereof the following: "(b.l) In all counties of this state having a population of 800,000 or more according to the United States decennial census of 2000 or any future such census, no county-wide bond election or school bond election in the unincorporated area of any such county shall be held on any date other than the date of the November general election; provided, however, that upon a determination by any superior court of competent jurisdiction that the holding of such election on the date of the November general election would cause irreparable harm to the electors of any such county, such election shall be held in the manner provided for in subsection (b) of this Code section." (10) Code Section 45-18-7, relating to retiring employees continuing insurance coverage, is amended by striking subsection (b) in its entirety and inserting in lieu thereof the following: "(b) Employees of the state-wide probation system administered by the Department of Corrections who were employees of a county probation system of a county having a population of 800,000 or more according to the United States decennial census of 2000 or any future such census and who were members of a local retirement system and had ten or more years of creditable service under the local retirement system at the time the county probation system became a part of the state-wide probation system shall be eligible to continue coverage under the health insurance plan for the state employees upon retirement from a local retirement system by paying a premium set by the board. Such retired persons shall be eligible to enroll their spouses and eligible dependents in accordance with the regulations of the board. Such retirees shall be treated in the same manner as other retirees eligible to continue coverage under the Employees' Retirement System of Georgia. The board may promulgate and adopt rules and regulations governing continuance and discontinuance of coverage for such retired persons and their spouses and eligible dependents." (11) Code Section 48-5-24, relating to payment of taxes in county in which returns are made, is amended by striking subsections (b) and (e) and paragraph (1) of subsection (c) in their entirety and inserting in lieu thereof the following: "(b) In all counties having a population of not less than 625,000 nor more than 700,000 according to the United States decennial census of 2000 or any future such census, the taxes shall become due in two equal installments. One-half of

1476______GENERAL ACTS AND RESOLUTIONS, VOL. I_________
the taxes shall be due and payable on July 1 of each year and shall become delinquent if not paid by August 15 in each year. The remaining one-half of the taxes shall be due and payable on October 1 of each year and shall become delinquent if not paid by November 15 of each year. A penalty not to exceed 5 percent of the amount of each installment shall be added to each installment that is not paid before the installment becomes delinquent. Intangible taxes in one installment shall become due on October 1 of each year and shall become delinquent if not paid by December 31. A penalty not to exceed 5 percent of the amount of intangible taxes due shall be added to any installment that is not paid before it becomes delinquent. All taxes remaining unpaid as of the close of business on December 31 of each year shall bear interest at the rate specified in Code Section 48-2-40, but in no event shall an interest payment for delinquent taxes be less than $ 1.00. The tax collectors shall issue executions for delinquent taxes, penalties, and interest against each delinquent taxpayer in their respective counties. Notwithstanding the foregoing, the governing authority of any county subject to this subsection may change the tax due dates provided in this subsection if the county's tax digest is not approved pursuant to Code Section 48-5-271 before July 1 of any year.
(c)(l) All ad valorem taxes, fees, service charges, and assessments owed by any taxpayer to any county in this state having a population of 800,000 or more according to the United States decennial census of 2000 or any future such census or to any municipality lying wholly or partially within such county and having a population of 350,000 or more according to the United States decennial census of 1970 or any future such census, which are not paid when due shall bear interest at the following rates until paid:
(A) The rate specified in Code Section 48-2-40 on the total amount of any such taxes, fees, service charges, or assessments which are not paid when due; and (B) An additional rate of interest on the amount of such taxes, fees, service charges, and assessments which exceeds $1,000.00 equal to 1 percent per annum for each full calendar month which elapses between the date that the taxes, fees, service charges, and assessments first become due and the date on which they are paid in full. The total rate of interest determined under this paragraph shall not exceed 12 percent per annum or the rate specified in Code Section 48-2-40, whichever is more. The additional rate of interest shall not apply to amounts determined to be owed by a taxpayer pursuant to any arbitration, equalization, or similar proceeding, if brought in good faith by the taxpayer, provided that the taxpayer shall have previously paid to the county or municipality the amount of such liability which was not in dispute;" "(e) In all counties having a population of not less than 595,000 nor more than 660,000 according to the United States decennial census of 2000 or any future such census, the taxes shall become due and payable on August 15 in each year and shall become delinquent if not paid by October 15 of each year. A penalty of 5 percent of the tax due shall accrue on taxes not paid on or before October 15

____________GEORGIA LAWS 2002 SESSION__________1477
of each year, and interest shall accrue at the rate specified in Code Section 48-2-40 on the total amount of unpaid taxes and penalty until both the taxes and the penalty are paid. The tax collectors shall issue executions for delinquent taxes, penalties, and interest against each delinquent taxpayer in their respective counties. Nothing contained in this subsection shall be construed to impose any liability for the payment of any ad valorem taxes upon any person for property which was not owned on January 1 of the applicable tax year."
SECTION 2. The following uncodified Acts, as amended, are amended: (1) An Act fixing the compensation of the board of commissioners of counties having a population of 550,000 or more according to the United States decennial census of 1970 or any such future census, approved March 30, 1971 (Ga. L. 1971, p. 2369), as amended, particularly by an Act approved April 3,1996 (Ga. L. 1996, p. 895), is amended by striking Section 1 in its entirety and substituting in lieu thereof a new Section 1 to read as follows:
"SECTION 1. The chairperson of the board of commissioners of counties of this state having a population of 800,000 or more according to the United States decennial census of 2000 or any future such census shall be compensated in an amount not exceeding $27,000.00 per annum. Each of the other members of any such board of commissioners shall be compensated in an amount not exceeding $25,000.00 per annum. Said compensation shall be set within the limits of this section after a public hearing in a separate resolution adopted by a recorded vote and shall be included in the county' s budget after such adoption. The compensation provided for in this section shall be paid in equal monthly installments on the first day of each month out of the county treasury. This section shall not apply to any county which has an elected chief executive officer having any powers which may only be changed if approved in a special election." (2) An Act providing for minimum compensation ofjudges of the probate court in certain counties having a population of 550,000 or more according to the United Stated decennial census of 1980 or any such future census, approved March 26, 1982 ( Ga. L. 1982, p. 3626), is amended by striking Section 1 in its entirety and substituting in lieu thereof a new Section 1 to read as follows:
"SECTION 1. In all counties of this state having a population of 800,000 or more according to the United States decennial census of 2000 or any future such census, the judge of the probate court of such county shall be compensated in an amount which shall be at least equal to the amount paid to the highest paid judge of the state court of such county. Such compensation shall be payable from the county treasury in equal monthly installments." (3) An Act providing for a budget commission in certain counties, approved March 2, 1953 (Ga. L. 1953, Jan.-Feb. Sess. p. 2815), as amended, particularly by an Act

1478_____GENERAL ACTS AND RESOLUTIONS, VOL. I_________
approved April 6, 1981 (Ga. L. 1981, p. 3284), is amended by striking therefrom wherever the same shall appear the figure "600,000" and inserting in lieu thereof the figure "800,000", so that said Act, as amended, when amended by this Act shall be applicable only to counties having a population of 800,000 or more according the United States decennial census of 2000, (4) An Act providing for the lease of park property in certain counties having a population of 300,000 or more according to the United States census of 1950 or any future United States census, approved February 21, 3951 (Ga. L. 1951, p. 528), as amended, particularly by an Act approved April 10, 1971 (Ga. L. 1971, p. 3386), is amended by striking the figure "600,000" and inserting in lieu thereof the figure "800,000", so that said Act, as amended, when amended by this Act shall be applicable only to counties having a population of 800,000 or more according the United States decennial census of 2000. (5) An Act providing for the protection of pension rights in certain counties and cities, approved March 31, 1972 (Ga. L. 1972, p. 3277), as amended, particularly by an Act approved April 6, 1981 (Ga. L. 1981, p. 3258), is amended by striking in subsection (a) of Section 3 thereof the figure "550,000" and inserting in lieu thereof the figure "800,000".
SECTION 3. This Act shall become effective upon July 1, 2002.
SECTION 4. All laws and parts of laws in conflict with this Act are repealed.
Approved May 17, 2002.
REVENUE AND TAXATION - INCOME TAX CREDITS FOR RURAL PHYSICIANS; DEFINITION OF "RURAL HOSPITAL" AND "RURAL PHYSICIAN" AMENDED.
Code Section 48-7-29 Amended.
No. 991 (House Bill No. 1565).
AN ACT
To amend Code Section 48-7-29 of the Official Code of Georgia Annotated, relating to income tax credits for rural physicians, so as to change the definition of rural physician and rural hospital for purposes of qualifying for such credit; to provide for an effective date; to provide for applicability; to repeal conflicting laws; and for other purposes.

____________GEORGIA LAWS 2002 SESSION__________1479
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Code Section 48-7-29 of the Official Code of Georgia Annotated, relating to income tax credits for rural physicians, is amended by striking paragraphs (2) and (3) of subsection (a), and inserting in their places new paragraphs (2) and (3) to read as follows:
"(2) 'Rural hospital' means an acute-care hospital located in a rural county that contains fewer than 100 beds. (3) 'Rural physician' means a physician licensed to practice medicine in this state, who practices in a rural county and resides in a rural county or a county contiguous to the rural county in which such physician practices and primarily admits patients to a rural hospital and practices in the fields of family practice, obstetrics and gynecology, pediatrics, internal medicine, or general surgery."
SECTION 2. This Act shall become effective January 1, 2003, and is applicable to all taxable years beginning on or after January 1, 2003.
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.
Approved May 17, 2002.
PROFESSIONS AND BUSINESSES - DEFINITION OF "MARRIAGE AND FAMILY THERAPY" AND "PROFESSIONAL COUNSELING" AMENDED;
LICENSURE OF PERSONS HAVING MASTER'S DEGREES IN APPLIED PSYCHOLOGY AS
PROFESSIONAL COUNSELORS AUTHORIZED.
Code Sections 43-10A-3 and 43-10A-11 Amended.
No. 992 (Senate Bill No. 119).
AN ACT
To amend Chapter 10A of Title 43 of the Official Code of Georgia Annotated, the "Professional Counselors, Social Workers, and Marriage and Family Therapists Licensing Law," so as to provide for changes in the definitions of professional counseling and marriage and family therapy; to provide for licensure of master's in psychology graduates as professional counselors; to provide for related matters; to repeal conflicting laws; and for other purposes.

1480_____GENERAL ACTS AND RESOLUTIONS, VOL. I_________
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Chapter 10A of Title 43 of the Official Code of Georgia Annotated, the "Professional Counselors, Social Workers, and Marriage and Family Therapists Licensing Law," is amended by striking paragraphs (8) and (10) of Code Section 43-10A-3, relating to definitions, and inserting in their respective places the following:
"(8) 'Marriage and family therapy' means that specialty which evaluates and treats emotional and mental problems and conditions, whether cognitive, affective, or behavioral, resolves intrapersonal and interpersonal conflicts, and changes perception, attitudes, and behavior; all within the context of marital and family systems. Marriage and family therapy includes, without being limited to, individual, group, couple, sexual, family, and divorce therapy. Marriage and family therapy involves an applied understanding of the dynamics ofmarital and family systems, including individual psychodynamics, the use of assessment instruments that evaluate marital and family functioning, designing and recommending a course of treatment, and the use of psychotherapy and counseling." "(10) 'Professional counseling' means that specialty which utilizes counseling techniques based on principles, methods, and procedures of counseling that assist people in identifying and resolving personal, social, vocational, intrapersonal and interpersonal concerns; utilizes counseling and psychotherapy to evaluate, treat, and recommend a course of treatment for emotional and mental problems and conditions, whether cognitive, behavioral, or affective, provided that the counselor shall have training and experience working with people with mental illness, mental retardation, or substance abuse; administers and interprets educational and vocational assessment instruments and other tests which the professional counselor is qualified to employ by virtue of education, training, and experience; utilizes information, community resources, and goal setting for personal, social, or vocational development; utilizes individual and group techniques for facilitating problem solving, decision making, and behavior change; utilizes functional assessment and vocational planning and guidance for persons requesting assistance in adjustment to a disability or disabling condition; utilizes referral for persons who request counseling services; performs service planning; and utilizes and interprets counseling research."
SECTION 2. Said chapter is further amended by striking paragraph (1) of subsection (a) of Code Section 43-10A-11, relating to requirements for licensure in professional counseling, and inserting in its place the following:
"(1) For licensure as an associate professional counselor, a master's degree from a recognized educational institution in a program that is primarily counseling in content or in a program of applied psychology, which degree

____________GEORGIA LAWS 2002 SESSION__________1481
includes a supervised internship or practicum as part ofthe degree program and registration with the board of an acceptable contract for obtaining the post-master's experience under direction and supervision required for licensure as a professional counselor; and".
SECTION 3. Said chapter is further amended in Code Section 43-10A-11, relating to requirements for licensure for professional counseling, by striking the period at the end of subparagraph (a)(2)(D) and inserting in its place "; or" and by adding a new subparagraph (a)(2)(E) to read as follows:
"(E) A master's degree from a recognized educational institution in a program of applied psychology with supervised internship or practicum and four years ofpost-master' s directed experience under supervision in a setting acceptable to the board. Up to one year of such experience may have been in an approved practicum placement as part of the degree program. Supervision of the practicum or internship and the post-master's directed experience shall be provided by a supervisor, as defined in paragraph (16) of Code Section 43- 10A-3, except that such supervision may be provided all or in part by a psychologist or, before January 1, 2004, by a person with a master's degree from a recognized educational institution in a program of applied psychology."
SECTION 4. All laws and parts of laws in conflict with this Act are repealed.
Approved May 17, 2002.
REVENUE AND TAXATION - TAX EXECUTIONS; REPEAL OF PROVISIONS REGARDING SALE AND TRANSFER OF TAX
EXECUTIONS IN LOT BLOCKS; AGGREGATION OF MULTIPLE TAX EXECUTIONS; PAYMENT OF EXCESS FUNDS FROM TAX SALES; LIMIT PREMIUM FOR REDEMPTION.
Code Sections 48-3-19, 48-4-1, 48-4-5, and 48-4-42 Amended.
No. 993 (House Bill No. 337).
AN ACT
To amend Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, so as to repeal certain provisions regarding the selling and transferring of tax executions in lot blocks; to provide for the aggregation of multiple tax executions into one sale; to provide a method by which excess funds from tax sales

1482_____GENERAL ACTS AND RESOLUTIONS, VOL. I_________
must be paid; to limit the amount of premium required to be paid to redeem property; 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 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, is amended by striking Code Section 48-3-19, relating to transfer of executions, and inserting in its place the following:
"Reserved."
SECTION 2. Said title is further amended by striking subsection (b) of Code Section 48-4-1, relating to procedures for sales under tax levies and executions, and inserting in lieu thereof the following:
"(b) If two or more executions have been levied against a defendant, or if two or more in rem executions have been levied against the same unreturned property, such executions may be aggregated and a single sale may be conducted for the total amount due as in the case of a single execution, and the 12 month period of redemption provided by Code Section 48-4-40 shall commence as to all such executions on the date of such sale, provided that at least one of the executions meets the provisions of this Code section."
SECTION 3. Said title is further amended by striking in its entirety Code Section 48-4-5, relating to the payment of the excess proceeds from the sale of property, and inserting in lieu thereof the following:
"48-4-5. If there is any excess after paying taxes, costs, and all expenses of a sale, the tax commissioner or tax collector may file an interpleader action in superior court for the payment of the amount of such excess. Such excess shall be distributed by the superior court to intended parties, including the owner as their interest appears and in the order of priority in which their interest exists."
SECTION 4. Said title is further amended by striking Code Section 48-4-42, relating to the amount payable for redemption, in its entirety and inserting in lieu thereof a new Code Section 48-4-42 to read as follows:
"48-4-42. The amount required to be paid for redemption of property from any sale for taxes as provided in this chapter, or the redemption price, shall with respect to any sale made after July 1, 2002, be the amount paid for the property at the tax sale, as shown by the recitals in the tax deed, plus any taxes paid on the property by the purchaser after the sale for taxes, plus any special assessments on the

____________GEORGIA LAWS 2002 SESSION__________1483
property, plus a premium of20 percent ofthe amount for the first year or fraction of a year which has elapsed between the date of the sale and the date on which the redemption payment is made and 10 percent for each year or fraction of a year thereafter. If redemption is not made until more than 30 days after the notice provided for in Code Section 48-4-45 has been given, there shall be added to the redemption price the sheriffs cost in connection with serving the notice and the cost of publication of the notice, if any. All of the amounts required to be paid by this Code section shall be paid in lawful money of the United States to the purchaser at the tax sale or to the purchaser's successors."
SECTION 5. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 6. All laws and parts of laws in conflict with this Act are repealed.
Approved May 21, 2002.
RETIREMENT AND PENSIONS - EMPLOYEES' RETIREMENT SYSTEM OF GEORGIA; CREDITABLE SERVICE FOR ASSISTANT DISTRICT ATTORNEYS AND EMPLOYEES OF PROSECUTING ATTORNEYS' COUNCIL FOR SERVICE AS A FULL-TIME LAW ASSISTANT FOR JUDICIAL CIRCUIT.
Code Section 47-2-263 Amended.
No. 994 (House Bill No. 666).
AN ACT
To amend Code Section 47-2-263 of the Official Code of Georgia Annotated, relating to creditable service in the Employees' Retirement System of Georgia for certain past service as an assistant district attorney or employee of the Prosecuting Attorneys' Council and the payment of employee contributions, so as to provide that such members may obtain creditable service for prior service as a full-time law assistant for a judicial circuit; to provide for the payment of the full actuarial value; to provide for related matters; to provide conditions for an effective date and automatic repeal; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

1484_____GENERAL ACTS AND RESOLUTIONS, VOL. I________
SECTION 1. Code Section 47-2-263 of the Official Code of Georgia Annotated, relating to creditable service in the Employees' Retirement System of Georgia for certain past service as an assistant district attorney or employee of the Prosecuting Attorneys' Council and the payment of employee contributions, is amended by insetting at the end thereof the following:
"(c) Any member who is subject to Code Section 47-2-262 may receive up to four years of creditable service under this chapter for past service as a full-time law assistant for a judicial circuit employed pursuant to the provisions of Code Section 15-6-28 upon payment to the board of trustees of such amount as determined by the actuary as necessary to grant such benefit without creating any accrued actuarial liability as to this retirement system. The basis for employee contributions to obtain creditable service under this Code section shall be the state salary paid to the member claiming such past service at the time the service was rendered. Such payment must be made not later than July 1,2003, or within six months of first or again becoming a member, whichever is later."
SECTION 2. This Act shall become effective on July 1, 2002, only if it is determined to have been concurrently funded as provided in Chapter 20 of Title 47 of the Official Code of Georgia Annotated, the "Public Retirement Systems Standards Law"; otherwise, this Act shall not become effective and shall be automatically repealed in its entirety on July 1, 2002, as required by subsection (a) of Code Section 47-20-50.
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.
Approved May 22, 2002.
HIGHWAYS, BRIDGES, AND FERRIES - WEIGHTS OF VEHICLES AND LOADS; EXCEPTIONS.
Code Section 32-6-26 Amended.
No. 995 (Senate Bill No. 386).
AN ACT
To amend Code Section 32-6-26 of the Official Code of Georgia Annotated, relating to weights of vehicles and loads, so as to change certain provisions relative to exemptions; to provide an exemption for ready-mixed concrete; to repeal conflicting laws; and for other purposes.

____________GEORGIA LAWS 2002 SESSION__________1485
BE IT ENACTED BY THE GENERAE ASSEMBEY OF GEORGIA:
SECTION 1. Code Section 32-6-26 of the Official Code of Georgia Annotated, relating to weights of vehicles and loads, is amended by striking paragraph (1) of subsection (g) and inserting in lieu thereof the following:
"(g)(l) The weight limitations provided for in this Code section, except the limitation in subsections (f) and (h) of this Code section, may be exceeded on any public road within this state which is not a national highway, or when making a pickup or delivery on any public road of a county road system, without a permit only when the load on any single axle does not exceed 23,000 pounds, the load on any tandem axle does not exceed 46,000 pounds, and the maximum total gross weight of the vehicle and load does not exceed 80,000 pounds when:
(A) Hauling forest products from the forest where cut to the owner's place of business, plant, plantation, or residence; (B) Hauling live poultry or cotton from a farm to a processing plant; (C) Hauling feed from a feed mill to a farm; (D) Hauling granite, either block or sawed for further processing, from the quarry to a processing plant located in the same or an adjoining county; (E) Hauling solid waste or recovered materials from points of generation to a solid waste handling facility or other processing facility; or (F) Hauling concrete that is in a freshly mixed and unhardened state for delivery to a customer located in the same or an adjoining county. No lift axle may be used in computing the maximum total gross weight authorized for any vehicle or load under this paragraph."
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.
Approved May 22, 2002.
RETIREMENT AND PENSIONS - GEORGIA JUDICIAE RETIREMENT SYSTEM; SURVIVORS BENEFIT.
Code Sections 47-23-29 and 47-23-30 Enacted.
No. 997 (House Bill No. 557).
AN ACT
To amend Title 47 ofthe Official Code ofGeorgia Annotated, relating to retirement and pensions, so as to provide that the board of directors of the Georgia Judicial

1486_____GENERAL ACTS AND RESOLUTIONS, VOL. I_______
Retirement System may provide a survivors benefit for members, retired members, and former members; to define certain terms; to establish a survivors benefits fund; to provide for the administration of the fund; to provide for contributions to the fund; to provide for rules and regulations; to authorize such retirement system to contract with 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. Title 47 of the Official Code of Georgia Annotated, relating to retirement and pensions, is amended by inserting at the end of Article 2 of Chapter 23, relating to the administration and management of the Georgia Judicial Retirement System, the following:
"47-23-29.
(a) Wherever the term 'survivors benefits' is used or referred to in this chapter, it shall be construed to be group term life insurance. Whenever reference is made in this Code section to members of this retirement system, such reference shall include active superior court judges subject to Chapter 8 of this title. (b) Pursuant to the provisions of this Code section and rules and regulations adopted for such purpose, the board of trustees may provide for survivors benefits for members, former members, and retired members of the retirement system; provided, however, that the provisions of this Code section shall apply only to persons who are active members ofthis retirement system on or after July 1,2002. (c) There shall be established an additional fund, to be known as the 'survivors benefit fund,' which shall be administered in the following manner:
(1) There shall be accumulated in the survivors benefit fund the payments made to the fund as provided in subsection (d) of this Code section, including interest earned on deposits and investments of such payments; (2) There shall also be accumulated in the survivors benefit fund the payments required of retired members and vested former members covered for survivors benefits as provided in subsections (g) and (h) of this Code section, together with interest earned on such payments; and (3) All assets of the survivors benefit fund and all income, interest, and dividends derived from deposits and investments shall be used for the payments of benefits and expenses necessary for the maintaining of survivors benefit coverage. Such benefits and expenses shall in no manner become an obligation of the pension accumulation fund. (d) Contributions for survivors benefits shall be provided for and administered in the following manner: (1) After notice from the board of trustees, each employer shall cause to be deducted from the eamable compensation ofeach member during every payroll period the additional amount established by the board of trustees, but such amount shall not exceed one-half of 1 percent of the member's earnable

___________GEORGIA LAWS 2002 SESSION__________1487
compensation. Such deductions shall be made under the same conditions as set forth in paragraph (2) of subsection (a) of Code Section 47-3-41; and (2) There is authorized an employer payment to the fund which shall be a percentage of the earnable compensation of the members of the retirement system. The board of trustees shall establish the rate of such payment, but in no case shall such rate, when added to the members' contributions, exceed 1 percent. Funds for employer payment shall be requested in the same manner as provided in Article 5 of this chapter. (e) The board of trustees may adopt any rules or regulations which are not in conflict with this Code section and which it deems necessary in establishing and maintaining the plan of operation, including benefit tables and other provisions of coverage. Such rules and regulations shall include the following: (1) A member's payment for coverage shall vest in the member no rights other than for the period for which the member has paid the required additional contributions into the survivors benefit fund; (2) A notice by the board of trustees to members that the additional contributions provided for in this Code section will be credited in the future to the individual member's annuity savings account shall suspend any and all survivors benefit coverage then in effect, provided that such action shall be applicable to all members alike and without prejudice to any survivors benefits pending in the case of a then-deceased member; and (3) Subsequent to any notice released under paragraph (2) of this subsection, any additional notice made in the same manner and within 12 months of the original notice to the effect that coverage is again available shall reestablish survivors benefits to those members formerly covered and to all new members who are otherwise eligible. (f) The board of trustees may determine the date on which the plan for survivors benefit coverage shall be placed into operation. The board oftrustees shall notify all employers who, in turn, shall notify the members that additional contributions will commence on the determined date. (g) The survivors benefits program may provide for a reduction of benefits after the attainment of a certain age and for a different or no contribution after retirement based on such reduction in benefits. The board of trustees is authorized to promulgate rules and regulations to carry out this subsection, (h) Any other provisions of this chapter or any rules or regulations to the contrary notwithstanding, any member who withdraws from service before attaining age 60 but whose right to a service retirement allowance has vested under Code Section 47-23-102 may continue paying the amount under this Code section which the member was paying at the time of withdrawing from service, together with the amount of the employer contribution in effect at the time of such withdrawal, in which case the benefits under this Code section shall remain fixed at the same amount as they would have been had the member died on the day immediately preceding the member's withdrawal. Only those members with at least 18 years ofcreditable service at the time ofwithdrawal from service shall

1488_____GENERAL ACTS AND RESOLUTIONS. VOL. I________
be eligible under this subsection, subject to the provisions of subsection (g) of this Code section.
47-23-30. The board of trustees may provide group term life insurance protection for the members of the retirement system as the survivors benefits program provided for in Code Section 47-23-29 by contracting for such service with the board of trustees of the Employees' Retirement System of Georgia for the inclusion of members of this retirement system in the program of group life insurance protection conducted for the benefit of the members of such retirement system. Such contract must provide benefits to those persons entitled to benefits under Code Section 47-23-29. All or any part of funds and other assets previously accumulated for the purposes of Code Section 47-23-29 may be used by the board of trustees in the execution of this contract. Contributions for such coverage shall be provided for and collected as set forth in subsection (d) ofCode Section 47-23-29."
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.
Approved May 22, 2002.
RETIREMENT AND PENSIONS - GEORGIA JUDICIAL RETIREMENT SYSTEM; TRANSFER OF CONTRIBUTIONS OF STATE COURT JUDGES AND SOLICITORS GENERAL FROM THE EMPLOYEES' RETIREMENT SYSTEM.
Code Section 47-23-64 Amended.
No. 998 (House Bill No. 254).
AN ACT
To amend Chapter 23 of Title 47 of the Official Code of Georgia Annotated, relating to the Georgia Judicial Retirement System, so as to provide for the transfer ofcontributions from the Employees' Retirement System ofGeorgia to the Georgia Judicial Retirement System on behalf of state court judges and solicitors general; to provide for the repayment of any employee contributions withdrawn, together with interest thereon; to provide for the calculation of creditable service on an actuarial basis for any amount so transferred; to provide conditions for an effective date and automatic repeal; to repeal conflicting laws; and for other purposes.

____________GEORGIA LAWS 2002 SESSION_________1489
SECTION 1. Chapter 23 of Title 47 of the Official Code of Georgia Annotated, relating to the Georgia Judicial Retirement System, is amended by striking in its entirety Code Section 47-23-64, relating to the transfer of funds from Employees' Retirement System of Georgia by judges or district attorneys, and inserting in lieu thereof the following:
"47-23-64.
(a)(l) Any superior court judge, state court judge, solicitor general, or district attorney who was previously an active member of the Employees' Retirement System of Georgia may elect to have all contributions made by or on behalf of such member transferred from such retirement system to this retirement system. Any such member shall notify the board of trustees of each retirement system not later than December 31, 2002, or within 90 days after first becoming a member of this retirement system, whichever date is later. (2) If the member subject to this subsection has not withdrawn his or her employee contributions from the Employees' Retirement System of Georgia, then upon receipt ofthe notice provided for in paragraph (1) ofthis subsection, the Board of Trustees of the Employees' Retirement System of Georgia shall transfer to the board of trustees of this retirement system all employer and employee contributions paid by or on behalf of the employee, together with regular interest thereon. (3) If the member subject to this subsection has withdrawn his or her employee contributions from the Employees' Retirement System of Georgia, then at the time of giving the notice provided for in paragraph (1) of this subsection, the member shall pay to the board of trustees of this retirement system the total of such contributions, together with regular interest thereon. Upon receipt of such notice and payment of such amount, the Board of Trustees of the Employees' Retirement System of Georgia shall transfer to the board of trustees of this retirement system all employer contributions paid on behalf of the employee, together with regular interest thereon. (4) The member subject to this subsection is authorized, but not required, to pay to the board of trustees such funds in addition to the amounts provided in paragraphs (2) and (3) of this subsection as the member desires. (b) Upon receipt of the funds provided for in paragraphs (2), (3), and (4) of subsection (a) ofthis Code section, the board oftrustees ofthis retirement system shall credit the member with only the number of years of creditable service, not to exceed the actual years of prior service, as the amount so transferred or paid will warrant without creating any accrued liability as to this retirement system, calculated as if the member had either elected or rejected spouse's survivors benefits, at the election of the member. (c) No creditable service may be obtained pursuant to the provisions ofthis Code section for any period for which creditable service has been or may be obtained in any other state or local public retirement system."

1490_____GENERAL ACTS AND RESOLUTIONS, VOL. I________
SECTION 2. This Act shall become effective on July 1, 2002, only if it is determined to have been concurrently funded as provided in Chapter 20 of Title 47 of the Official Code of Georgia Annotated, the "Public Retirement Systems Standards Law"; otherwise, this Act shall not become effective and shall be automatically repealed in its entirety on July 1 2002, as required by subsection (a) of Code Section 47-20-50.
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.
Approved May 22, 2002.
HIGHWAYS, BRIDGES, AND FERRIES ALLOCATION OF STATE AND FEDERAL
TRANSPORTATION FUNDS.
Code Section 32-5-30 Amended.
No. 999 (House Bill No. 1587).
AN ACT
To amend Article 3 of Chapter 5 of Title 32 of the Official Code of Georgia Annotated, relating to allocation of transportation funds, so as to change certain provisions relating to allocation of state and federal transportation funds and authorization of reduction of funds allocated; to authorize certain waivers of funding allocation requirements; 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 32 of the Official Code of Georgia Annotated, relating to allocation of transportation funds, is amended by striking Code Section 32-5-30, relating to allocation of state and federal transportation funds and authorization of reduction of funds allocated, and inserting in lieu thereof the following:
"32-5-30. (a) The total of expenditures from the State Public Transportation Fund under paragraphs (4), (5), and (6) of Code Section 32-5-21 plus expenditures of federal funds appropriated to the department, not including any state or federal funds specifically designated for maintenance and operations, any project undertaken for purposes of the Developmental Highway System provided by Code Section 32-4-22, or any project of the Georgia Regional Transportation Authority,

____________GEORGIA LAWS 2002 SESSION_________1491
Georgia Ports Authority, or Metropolitan Atlanta Rapid Transit Authority, shall be budgeted by the department over each five-year period commencing July 1, 1999, and quinquennially thereafter such that at the end of such period funding obligations equivalent to at least 85 percent of such total for such period shall have been divided equally among the congressional districts in this state, as those districts existed at the commencement of such period, for public road and other public transportation purposes in such districts; with the remainder of such total divided among such congressional districts such that 5 percent of such total for such period shall have been obligated for public road projects incidental to economic development purposes anywhere in this state, and no such congressional district shall have received funding obligations pursuant to this subsection for such period which are more than 20 percent greater than that received by any other such congressional district pursuant to this subsection for such period.
(b)(l) The board may upon approval by two-thirds of its membership authorize a reduction in the share of funds allocated pursuant to this Code section to any such congressional district if such supermajority of the board determines that such district does not have sufficient projects available for expenditure of funds within that district to avoid lapsing of appropriated funds. (2) In the event that funding becomes available to the department which could not otherwise be allocated among congressional districts due to the allocation requirements of this Code section, the board may upon approval by a majority of its membership authorize a waiver of such allocation requirements to the extent necessary to allow the expenditure of such funding, and any project, projects, or portion thereof undertaken with such additional funding shall be in addition to those projects funded in accordance with the allocation requirements of this Code section in the fiscal year in which the additional funds became available or any subsequent year; provided, however, that any such waiver shall be valid only for the fiscal year in which it is granted, and any funds budgeted pursuant to a waiver granted by this paragraph which were not obligated by the end of such fiscal year shall not be obligated in violation of the allocation requirements of this Code section in a subsequent fiscal year unless a majority of the board again authorizes a waiver of the allocation requirements in such subsequent fiscal year. (c) Provisions of this Code section may be waived pursuant to subsection (b) of Code Section 32-5-1 only upon approval by two-thirds ofthe membership ofthe board."
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.
Approved May 22, 2002.

1492_____GENERAL ACTS AND RESOLUTIONS, VOL. I________
FOOD, DRUGS, AND COSMETICS - REGULATION OF ACTIVITIES AND USE OF PHARMACY TECHNICIANS; LICENSING AND
INSPECTION OF PHARMACY BENEFITS MANAGERS; RULES AND REGULATIONS FOR WHOLESALE DRUG DISTRIBUTORS
TO PROVIDE FOR RETURN OF OUTDATED DRUGS FOR CREDIT OR REPLACEMENT AUTHORIZED.
Code Sections 26-4-82 and 26-4-115 Amended. Code Section 26-4-110.1 Enacted.
No. 1000 (House Bill No. 585).
AN ACT
To amend Chapter 4 of Title 26 ofthe Official Code ofGeorgia Annotated, relating to pharmacists and pharmacies, so as to provide for the regulation of the activities and use of pharmacy technicians; to provide for the licensing and inspection of pharmacy benefit managers; to authorize the board to promulgate rules and regulations requiring wholesale drug distributors to provide for the return of outdated drugs for credit or replacement; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Chapter 4 of Title 26 of the Official Code of Georgia Annotated, relating to pharmacists and pharmacies, is amended by striking subsection (d) ofCode Section 26-4-82, relating to duties requiring professional judgment, and inserting in lieu thereof a new subsection (d) to read as follows:
"(d) The board ofpharmacy shall promulgate rules and regulations regarding the activities and utilization of pharmacy technicians in pharmacies; provided, however, that the pharmacist to pharmacy technician ratio shall not exceed one pharmacist providing direct supervision of three pharmacy technicians. The board may consider and approve an application to increase the ratio in a pharmacy located in a licensed hospital. Such application must be made in writing and must be submitted to the board by the pharmacist in charge of a specific hospital pharmacy in this state. One of the three technicians must:
(1) Have successfully passed a certification program approved by the board of pharmacy; (2) Have successfully passed an employer's training and assessment program which has been approved by the board of pharmacy; or (3) Have been certified by either the Pharmacy Technician Certification Board or any other nationally recognized certifying body approved by the board of pharmacy."

____________GEORGIA LAWS 2002 SESSION_________1493
SECTION 2. Said chapter is further amended by adding following Code Section 26-4-110 a new Code section to read as follows:
"26-4-110.1.
(a) As used in this Code section, the term: (1) 'Enrollee' means a person eligible to receive health care benefits under a health benefit plan. (2) '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, or any managed care plan. (3) 'Insurer' means a corporation or other entity which is licensed or otherwise authorized to offer a health benefit plan in this state. (4) 'Pharmacy benefits manager' means any person, corporation, or other entity that administers the prescription drug, prescription device, or both prescription drug and device portion of a health benefit plan on behalf of an insurer but shall not include any pharmacy benefits manager offered pursuant to Chapter 18 of Title 45 or offered on behalf of recipients of medical assistance under Titles XIX and XXI of the federal Social Security Act.
(b) Every pharmacy benefit manager providing services or benefits in this state which constitutes the practice of pharmacy as defined in Code Section 26-4-4 shall be licensed to practice as a pharmacy in this state and shall comply with those provisions of Code Section 26-4-110, except subsections (h), (i), and (j) thereof. As a condition for licensing, every pharmacy benefit manager shall permit the board or agents or employees thereof to inspect the premises of such pharmacy benefit manager whether those premises are located within or outside this state."
SECTION 3. Said chapter is further amended by striking subsection (c) of Code Section 26-4-115, relating to wholesale drug distributors, registration, fees, reports of excessive purchases, and penalty for violations, and inserting in its place the following:
'(c) The board shall be authorized to promulgate rules and regulations to facilitate compliance with this Code section. Such rules and regulations shall include a requirement that all wholesale drug distributors required to register pursuant to this Code section shall make adequate provision for the return of outdated drugs, both full and partial containers, for up to six months after the labeled expiration date for prompt full credit or replacement."
SECTION 4. All laws and parts of laws in conflict with this Act are repealed.
Approved May 22, 2002.

RESOLUTIONS OF THE
GENERAL ASSEMBLY OF THE
STATE OF GEORGIA PROPOSING AMENDMENTS
TO THE CONSTITUTION
OF THE STATE OF GEORGIA

____________GEORGIA LAWS 2002 SESSION__________1497
COMMUNITY REDEVELOPMENT TAX INCENTIVE PROGRAMS.
Proposed Amendment to the Constitution.
No. 48 (House Resolution No. 391).
A RESOLUTION
Proposing an amendment to the Constitution so as to provide that counties and municipalities may establish community redevelopment tax incentive programs under which increased taxation shall apply to properties maintained in a blighted condition and decreased taxation shall apply for a time to formerly blighted property which has been rehabilitated; to provide for related matters; to provide for submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Article IX, Section II, Paragraph VII of the Constitution is amended by adding at its end a new subparagraph (d) to read as follows:
"(d) The existence in a community of real property which is maintained in a blighted condition increases the burdens of state and local government by increasing the need for governmental services, including but not limited to social services, public safety services, and code enforcement services. Rehabilitation of blighted property decreases the need for such governmental services. In recognition of such service needs and in order to encourage community redevelopment, the counties and municipalities of this state are authorized to establish community redevelopment tax incentive programs as authorized in this subparagraph. A community redevelopment tax incentive program shall be established by ordinance of the county or municipality. Any such program and ordinance shall include the following elements:
(1) The ordinance shall specify ascertainable standards which shall be applied in determining whether property is maintained in a blighted condition. The ordinance shall provide that property shall not be subject to official identification as maintained in a blighted condition and shall not be subject to increased taxation if the property is a dwelling house which is being used as the primary residence of one or more persons; and
(2) The ordinance shall establish a procedure for the official identification of real property in the county or municipality which is maintained in a blighted condition. Such procedure shall include notice to the property owner and the opportunity for a hearing with respect to such determination.
(3) The ordinance shall specify an increased rate of ad valorem taxation to be applied to property which has been officially identified as maintained in a blighted condition. Such increase in the rate oftaxation shall be accomplished through application of a factor to the millage rate applied to the property, so

1498_____PROPOSED CONSTITUTIONAL AMENDMENTS_______
that such property shall be taxed at a higher millage rate than the millage rate generally applied in the county or municipality, or otherwise as may be provided by general law.
(4) The ordinance may, but shall not be required to, segregate revenues arising from any increased rate of ad valorem taxation and provide for use of such revenues only for community redevelopment purposes;
(5) The ordinance shall specify ascertainable standards for rehabilitation through remedial actions or redevelopment with which the owner of property may comply in order to have the property removed from identification as maintained in a blighted condition. As used herein, the term 'blighted condition' shall include, at a minimum, property that constitutes endangerment to public health or safety;
(6) The ordinance shall specify a decreased rate of ad valorem taxation to be applied for a specified period of time after the county or municipality has accepted a plan submitted by the owner for remedial action or redevelopment of the blighted property and the owner is in compliance with the terms of the plan. Such decrease in the rate of taxation shall be accomplished through application of a factor to the millage rate applied to the property, so that such property shall be taxed at a lower millage rate than the millage rate generally applied in the county or municipality, or otherwise as may be provided by general law.
(7) The ordinance may contain such other matters as are consistent with the intent and provisions of this subparagraph and general law. Variations in rate of taxation as authorized under this subparagraph shall be a permissible variation in the uniformity of taxation otherwise required. The increase or decrease in rate of taxation accomplished through a change in the otherwise applicable millage rate shall affect only the general millage rate for county or municipal maintenance and operations. A county and one or more municipalities in the county may, but shall not be required to, establish a joint community redevelopment tax incentive program through the adoption of concurrent ordinances. No Act of the General Assembly shall be required for counties and municipalities to establish community redevelopment tax incentive programs. However, the General Assembly may by general law regulate, restrict, or limit the powers granted to counties and municipalities under this subparagraph."
SECTION 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article X, Section I, Paragraph II ofthe Constitution. The ballot submitting the above proposed amendment shall have written or printed thereon the following:

GEORGIA LAWS 2002 SESSION

1499

"YES ( ) Shall the Constitution be amended so as to provide that counties and municipalities may establish community redevelopment tax
NO ( ) incentive programs under which increased taxation shall apply to properties maintained in a blighted condition and decreased taxation shall apply for a time to formerly blighted property which has been rehabilitated?"
All persons desiring to vote in favor ofratifying the proposed amendment shall vote "Yes." All persons desiring to vote against ratifying the proposed amendment shall vote "No." If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this state.
Approved May 16, 2002.

QUALIFIED LOW-INCOME BUILDING PROJECTS SEPARATE CLASS OF PROPERTY FOR AD VALOREM TAX PURPOSES.
Proposed Amendment to the Constitution.
No. 50 (House Resolution No. 1073).
A RESOLUTION
Proposing an amendment to the Constitution so as to provide that qualified low-income building projects may be classified as a separate class of property for ad valorem property tax purposes and different rates, methods, and assessment dates may be provided for such building projects; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Article VII, Section I, Paragraph III of the Constitution is amended by striking subparagraph (b) and inserting in its place a new subparagraph (b) to read as follows:
"(b)(l) Except as otherwise provided in this subparagraph, classes of subjects for taxation of property shall consist of tangible property and one or more classes of intangible personal property including money; provided, however, that any taxation of intangible personal property may be repealed by general law without approval in a referendum effective for all taxable years beginning on or after January 1, 1996.
(2) Subject to the conditions and limitations specified by law, each of the following types ofproperty may be classified as a separate class ofproperty for

1500_____PROPOSED CONSTITUTIONAL AMENDMENTS_______
ad valorem property tax purposes, and different rates, methods, and assessment dates may be provided for such properties:
(A) Trailers; (B) Mobile homes other than those mobile homes which qualify the owner of the home for a homestead exemption from ad valorem taxation; (C) Heavy-duty equipment motor vehicles owned by nonresidents and operated in this state; and (D) Qualified low-income building projects."
SECTION 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article X, Section I, Paragraph II of the Constitution. The ballot submitting the above proposed amendment shall have written or printed thereon the following:
"YES ( ) Shall the Constitution be amended so as to provide that qualified low-income building projects may be classified as a separate class
NO ( ) of property for ad valorem property tax purposes and different rates, methods, and assessment dates may be provided for such building projects?"
All persons desiring to vote in favor ofratifying the proposed amendment shall vote "Yes." All persons desiring to vote against ratifying the proposed amendment shall vote "No." If such amendment shall be ratified as provided in said Paragraph ofthe Constitution, it shall become a part of the Constitution of this state.
Approved May 16, 2002.
PERSONS NOT ELIGIBLE TO HOLD PUBLIC OFFICE DEFAULTERS FOR FEDERAL, STATE, OR LOCAL TAXES.
Proposed Amendment to the Constitution.
No. 51 (House Resolution No. 126).
A RESOLUTION
Proposing an amendment to the Constitution so as to provide that certain persons who are defaulters for federal, state, or local taxes shall be ineligible to hold any public office in this state; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:

____________GEORGIA LAWS 2002 SESSION__________1501
SECTION 1. Article II, Section II of the Constitution is amended by striking Paragraph III and inserting in its place a new Paragraph III to read as follows:
"Paragraph III. Persons not eligible to hold office. No person who is not a registered voter; who has been convicted of a felony involving moral turpitude, unless that 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 ofanother felony involving moral turpitude; who is a defaulter for any federal, state, county, municipal, or school system taxes required of such officeholder or candidate if such person has been finally adjudicated by a court of competent jurisdiction to owe those taxes, but such ineligibility may be removed at any time by full payment thereof, or by making payments to the tax authority pursuant to a payment plan, or under such other conditions as the General Assembly may provide by general law; or who is the holder of public funds illegally shall be eligible to hold any office or appointment ofhonor or trust in this state. Additional conditions of eligibility to hold office for persons elected on a write-in vote and for persons holding offices or appointments of honor or trust other than elected offices created by this Constitution may be provided by law."
SECTION 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article X, Section I, Paragraph II of the Constitution. The ballot submitting the above proposed amendment shall have written or printed thereon the following:
"YES ( ) Shall the Constitution be amended so as to provide that certain officeholders or candidates who are defaulters for federal, state, or
NO ( ) local taxes shall be ineligible to hold any public office in this state?"
All persons desiring to vote in favor ofratifying the proposed amendment shall vote "Yes." All persons desiring to vote against ratifying the proposed amendment shall vote "No." If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this state.
Approved May 16, 2002.

1502_____PROPOSED CONSTITUTIONAL AMENDMENTS_______
COMMERCIAL DOCKSIDE FACILITIES - SEPARATE CLASS OF PROPERTY FOR AD VALOREM TAX PURPOSES.
Proposed Amendment to the Constitution.
No. 55 (House Resolution No. 364).
A RESOLUTION
Proposing an amendment to the Constitution so as to provide that commercial dockside facilities may be classified as a separate class of property for ad valorem property tax purposes and different rates, methods, and assessment dates may be provided for such dockside facilities; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Article VII, Section I, Paragraph III of the Constitution is amended by striking subparagraph (b) and inserting in its place a new subparagraph (b) to read as follows:
"(b)(l) Except as otherwise provided in this subparagraph, classes of subjects for taxation of property shall consist of tangible property and one or more classes of intangible personal property including money; provided, however, that any taxation of intangible personal property may be repealed by general law without approval in a referendum effective for all taxable years beginning on or after January 1, 1996.
(2) Subject to the conditions and limitations specified by law, each of the following types ofproperty may be classified as a separate class ofproperty for ad valorem property tax purposes, and different rates, methods, and assessment dates may be provided for such properties:
(A) Trailers; (B) Mobile homes other than those mobile homes which qualify the owner of the home for a homestead exemption from ad valorem taxation; (C) Heavy-duty equipment motor vehicles owned by nonresidents and operated in this state; and (D) Commercial dockside facilities consisting of real and personal property whose primary use is the landing and processing of seafood."
SECTION 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article X, Section I, Paragraph II of the Constitution. The ballot submitting the above proposed amendment shall have written or printed thereon the following:

_____________GEORGIA LAWS 2002 SESSION__________1503
"YES ( ) Shall the Constitution be amended so as to provide that commercial dockside facilities consisting of real and personal property whose
NO ( ) primary use is the landing and processing of seafood may be classified as a separate class of property for ad valorem property tax purposes and different rates, methods, and assessment dates may be provided for such dockside facilities?"
All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes." All persons desiring to vote against ratifying the proposed amendment shall vote "No." If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this state.
Compiler's Note - This resolution was not approved by the Governor. Such approval is not required for proposed Constitutional Amendments by Article XII, Section I of the Constitution of the State of Georgia.
DOG AND CAT REPRODUCTIVE STERILIZATION SUPPORT PROGRAM.
Proposed Amendment to the Constitution.
No. 56 (House Resolution No. 264).
A RESOLUTION
Proposing an amendment to the Constitution so as to provide for a dog and cat reproductive sterilization support program and provide funds for the program from the voluntary purchase of special license plates and other sources; to provide for related matters; to provide for submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Article III, Section IX, Paragraph VI of the Constitution is amended by redesignating the second subparagraph (k) as subparagraph (1) and by adding at the end thereof a new subparagraph (m) to read as follows:
"(m) There shall be within the Department of Agriculture a dog and cat reproductive sterilization support program to control dog and cat overpopulation and thereby reduce the number of animals housed and killed in animal shelters, which program shall be administered by the Commissioner of Agriculture. In order to fund the program, there shall be issued beginning in 2003 specially designed license plates promoting the program. The General Assembly shall

1504____PROPOSED CONSTITUTIONAL AMENDMENTS_______
provide by law for the issuance of such license plates and for dedication of certain revenue derived from fees for such plates to the support of the program. All such dedicated revenue derived from special license plate fees, any funds appropriated to the department for such purposes, and any voluntary contributions or other funds made available to the department for such purposes and all interest thereon shall be deposited in a special fund for support of the program, shall not be used for any purpose other than support of the program, and shall not lapse. The General Assembly may provide by law for all matters necessary or appropriate to the implementation of this paragraph."
SECTION 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article X, Section I, Paragraph II of the Constitution. The ballot submitting the above proposed amendment shall have written or printed thereon the following:
"YES ( ) Shall the Constitution be amended so as to provide for a dog and cat reproductive sterilization support program to control dog and cat
NO ( ) overpopulation and thereby reduce the number of animals housed and killed in animal shelters and provide funds for the program from the voluntary purchase of special license plates and other sources?"
All persons desiring to vote in favor ofratifying the proposed amendment shall vote "Yes." All persons desiring to vote against ratifying the proposed amendment shall vote "No." If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this state.
Approved May 16,2002.
SEPARATE CLASSIFICATION AND TAXATION OF PROPERTIES ON WHICH THERE HAVE BEEN RELEASES OF HAZARDOUS WASTE, CONSTITUENTS, OR SUBSTANCES.
Proposed Amendment to the Constitution.
No. 58 (House Resolution No. 1111).
A RESOLUTION
Proposing an amendment to the Constitution so as to provide that the General Assembly shall be authorized to provide by general law for the separate classification and taxation of properties on which there have been releases of hazardous waste, constituents, or substances into the environment so as to

____________GEORGIA LAWS 2002 SESSION__________1505
encourage cleanup, reuse, and redevelopment of such properties; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
Article VII, Section I, Paragraph III of the Constitution is amended by striking subparagraph (d) and inserting in its place a new subparagraph (d) to read as follows:
"(d)(l) The General Assembly shall be authorized by general law to establish as a separate class of property for ad valorem tax purposes any tangible real property which is listed in the National Register of Historic Places or in a state historic register authorized by general law. For such purposes, the General Assembly is authorized by general law to establish a program by which certain properties within such class may be assessed for taxes at different rates or valuations in order to encourage the preservation of such historic properties and to assist in the revitalization of historic areas.
(2) The General Assembly shall be authorized by general law to establish as a separate class of property for ad valorem tax purposes any tangible real property on which there have been releases of hazardous waste, constituents, or substances into the environment. For such purposes, the General Assembly is authorized by general law to establish a program by which certain properties within such class may be assessed for taxes at different rates or valuations in order to encourage the cleanup, reuse, and redevelopment of such properties and to assist in the revitalization thereof by encouraging remedial action."
SECTION 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article X, Section I, Paragraph II of the Constitution. The ballot submitting the above proposed amendment shall have written or printed thereon the following:
"YES ( ) Shall the Constitution be amended so as to provide that the General Assembly may provide by general law for the separate classification
NO ( ) and taxation of properties on which there have been releases of hazardous waste, constituents, or substances into the environment so as to encourage cleanup, reuse, and redevelopment of such properties?"
All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes." All persons desiring to vote against ratifying the proposed amendment shall vote "No." If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this state.
Approved May 16,2002.