ACTS AND RESOLUTIONS OF THE
GENERAL ASSEMBLY
OF THE
STATE OF GEORGIA
2003
1776^
COMPILED AND PUBLISHED BY AUTHORITY OF THE STATE
Volume One

COMPILER'S NOTE
General Acts and Resolutions of the 2003 session of the General Assembly of Georgia will be found in Volume I beginning at page 1. Local and Special Acts and Resolutions will be found in Volume II beginning at page 3501. Home rule actions by counties and consolidated governments and by municipalities filed in the Office of the Secretary of State between April 16,2002, and April 30, 2003, are printed in Volume II beginning at pages 4773 and 4787, respectively.
There are no numbered pages between page 995, the last page of Volume I, and page 3501, the first page of Volume II. This allows both volumes to be printed simultaneously. Volume II has been divided into two books because of the number of pages in the volume. Page numbers will run consecutively between the books in the 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Annotated which they amend and the tabular index contains a list of Code sections which have been amended, enacted, or repealed.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 or Senate Bill or Resolution number which it was given when it was introduced in the General Assembly. 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 2003
TABLE OF CONTENTS
VOLUME ONE
Acts and Resolutions of General Application ......................... 1
VOLUME TWO
Acts and Resolutions of Local Application ........................ 3501 County and Consolidated Government Home Rule Actions ........... 4771 Municipal Home Rule Actions .................................. 4785
VOLUME THREE
Acts by Numbers-Page References ................................ 1A Bills and Resolutions-Act Number References ....................... 5A Index-Tabular ................................................ 11A Index-General ................................................ 41A Population of Georgia Counties-Alphabetically ..................... 112A Population of Georgia Counties-Numerically ...................... 119A Population of Municipalities-Alphabetically ....................... 124A Population of Municipalities-Numerically ......................... 131A Population of Judicial Circuits .................................. 138A Georgia Senate Districts, Alphabetically by County ................. 142A Georgia Senators, Numerically by District. ........................ 144A Georgia House Districts, Alphabetically by County ................. 147A Georgia Representatives, Numerically by District ................... 149A Status of Referendum Elections ................................. 158A Governor's Proclamation on Ratification or Rejection of
Constitutional Amendments at the 2002 General Election ........... 339A Vetoes by the Governor ....................................... 344A State Auditor's Report on Funding of Retirement Bills ............... 364A

GEORGIA LAWS 2003 SESSION
BANKING AND FINANCE - GEORGIA FAIR LENDING ACT; SUBSTANTIAL REVISION.
No. 1 (Senate Bill No. 53).
AN ACT
To amend Title 7 of the Official Code of Georgia Annotated, relating to banking and finance, so as to amend the "Georgia Fair Lending Act"; to provide for revisions to certain definitions; to provide for changes in limitations on late payment charges; to clarify that certain home loan refinancing shall not be presumed to be a flipping; to provide for reasonable attorneys' fees; to provide for liability of creditors for violations of the Act; to specify when and against whom a borrower may assert claims and defenses for violations of the Act; to provide for limits on liability for violations of the Act under certain circumstances; to provide for certain exceptions and limitations consistent with federal law; to provide the Department of Banking and Finance with express authority to promulgate rules and regulations; to provide for good faith reliance on guidance from the Department of Banking and Finance; 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 7 of the Official Code of Georgia Annotated, relating to banking and finance, is amended by striking Chapter 6A, the "Georgia Fair Lending Act," and inserting in its place the following:
"CHAPTER 6A
7-6 A-1. This chapter shall be known and may be cited as the 'Georgia Fair Lending Act.'
7-6A-2. As used in this chapter, the term:
(1) 'Acceleration' means a demand for immediate repayment of the entire balance of a home loan. (2) 'Affiliate' means any company that controls, is controlled by, or is under common control with another company, as set forth in 12 U.S.C. Section 1841, et seq. (3) 'Annual percentage rate' means the annual percentage rate for the loan calculated at closing according to the provisions of 15 U.S.C. Section 1606, the regulations promulgated thereunder by the Board of Governors of the Federal

GENERAL ACTS AND RESOLUTIONS, VOL. I
Reserve System, and the Official StaffCommentary on Regulation Z published by the Board of Governors of the Federal Reserve System. (4) 'Bona fide discount points' means loan discount points knowingly paid by the borrower for the express purpose of reducing, and which in fact do result in a bona fide reduction of, the interest rate applicable to the home loan; provided, however, that the undiscounted interest rate for the home loan does not exceed by more than one percentage point the required net yield for a 90 day standard mandatory delivery commitment for a home loan with a reasonably comparable term from either the Federal National Mortgage Association or the Federal Home Loan Mortgage Corporation, whichever is greater. (5) 'Borrower' means any natural person obligated to repay the loan including a coborrower or cosigner. (6) 'Creditor' means a person who both regularly extends consumer credit that is subject to a finance charge or is payable by written agreement in more than four installments and is a person to whom the debt arising from the home loan transaction is initially payable. Creditor shall also mean any person brokering a home loan, which shall include any person who directly or indirectly for compensation solicits, processes, places, or negotiates home loans for others or offers to solicit, process, place, or negotiate home loans for others or who closes home loans which may be in the person's own name with funds provided by others and which loans are thereafter assigned to the person providing the funding of such loans, provided that creditor shall not include a person who is an attorney providing legal services in association with the closing of a home loan. A creditor shall not include: (A) a servicer; (B) an assignee; (C) a purchaser; or (D) any state or local housing finance agency or any other state or local governmental or quasi-governmental entity. (7) 'High-cost home loan' means a home loan in which the terms of the loan meet or exceed one or more of the thresholds as defined in paragraph (17) of this Code section. (8) 'Home loan' means a loan, including an open-end credit plan where the principal amount does not exceed the conforming loan size limit for a single-family dwelling as established by the Federal National Mortgage Association and the loan is secured by a mortgage, security deed, or deed to secure debt on real estate located in this state upon which there is located or there is to be located a structure or structures, including a manufactured home, designed principally for occupancy of from one to four families and which is or will be occupied by a borrower as the borrower's principal dwelling, except that home loan shall not include:
(A) A reverse mortgage transaction; (B) A loan that provides temporary financing for the acquisition of land by the borrower and initial construction of a borrower's dwelling thereon or the initial construction of a borrower's dwelling on land owned by the borrower;

GEORGIA LAWS 2003 SESSION
(C) A bridge loan made to a borrower pending the sale of the borrower's principal dwelling or a temporary loan made to a borrower and secured by the borrower's principal dwelling pending the borrower's obtaining permanent financing for such principal dwelling; (D) A loan secured by personal property including, but not limited to, a motor vehicle, motor home, boat, or watercraft and also secured by the borrower's principal dwelling to provide the borrower with potential income tax advantages when such personal property is the primary collateral for such loan; (E) A new loan secured by a borrower's principal dwelling as a result of a lien taken in connection with a debt previously contracted or incurred when the loan documents for such new loan do not include a mortgage, security deed, or deed to secure debt expressly securing such new loan; or (F) A loan primarily for business, agricultural, or commercial purposes. (9) 'Make' or 'makes' means to originate a loan or to engage in brokering of a home loan including the soliciting, processing, placing, or negotiating of a home loan made or offered by a person brokering a home loan. (10) 'Manufactured home' means a structure, transportable in one or more sections, which in the traveling mode is eight body feet or more in width or 40 body feet or more in length or, when erected on site is 320 or more square feet and which is built on a permanent chassis and designed to be used as a dwelling with a permanent foundation when erected on land secured in conjunction with the real property on which the manufactured home is located and connected to the required utilities and includes the plumbing, heating, air-conditioning, and electrical systems contained therein; except that such term shall include any structure which meets all the requirements of this paragraph except the size requirements and with respect to which the manufacturer voluntarily files a certification required by the secretary of the United States Department of Housing and Urban Development and complies with the standards established under the National Manufactured Housing Construction and Safety Standards Act of 1974, 42 U.S.C. Section 5401, et seq. Such term does not include rental property or second homes or manufactured homes when not secured in conjunction with the real property on which the manufactured home is located. (11) 'Open-end credit plan' or 'open-end loan1 means a loan in which (A) a creditor reasonably contemplates repeated transactions; (B) the creditor may impose a finance charge from time to time on an outstanding balance; and (C) the amount of credit that may be extended to the borrower during the term of the loan, up to any limit set by the creditor, is generally made available to the extent that any outstanding balance is repaid. (12) 'Points and fees'means: (A) All items included in the definition of finance charge in 12 C.F.R. 226.4(a) and 12 C.F.R. 226.4(b) except interest or the time price differential. All items excluded under 12 C.F.R. 226.4(c) are excluded from points and

GENERAL ACTS AND RESOLUTIONS, VOL. I
fees, provided that for items under 12 C.F.R. 226.4(c)(7) the creditor does not receive direct or indirect compensation in connection with the charge and the charge is not paid to an affiliate of the creditor; (B) All compensation paid directly or indirectly to a mortgage broker from any source, including a broker that originates a loan in its own name in a table funded transaction, including but not limited to yield spread premiums, yield differentials, and service release fees, provided that the portion of any yield spread premium that is both disclosed to the borrower in writing and used to pay bona fide and reasonable fees to a person other than the creditor or an affiliate of the creditor for the following purposes is exempt from inclusion in points and fees: fees for tax payment services; fees for flood certification; fees for pest infestation and flood determination; appraisal fees; fees for inspection performed prior to closing; credit reports; surveys; attorneys' fees, if the borrower has the right to select the attorney from an approved list or otherwise; notary fees; escrow charges, so long as not otherwise included under subparagraph (A) of this paragraph; title insurance premiums; and fire and hazard insurance and flood insurance premiums, provided that the conditions set forth in 12 C.F.R. 226.4(d)(2) are met; (C) Premiums or other charges for credit life, credit accident, credit health, credit personal property, or credit loss-of-income insurance, debt suspension coverage or debt cancellation coverage, whether or not such coverage is insurance under applicable law, that provides for cancellation of all or part of a borrower's liability in the event of loss of life, health, personal property, or income or in the case of accident written in connection with a home loan and premiums or other charges for life, accident, health, or loss-of-income insurance without regard to the identity of the ultimate beneficiary of such insurance. In determining points and fees for the purposes of this paragraph, premiums or other charges shall only include those payable at or before loan closing and are included whether they are paid in cash or financed and whether the amount represents the entire premium for the coverage or an initial payment; (D) The maximum prepayment fees and penalties that may be charged or collected under the terms of the loan documents. Mortgage interest that may accrue in advance of payment in full of a loan made under a local, state, or federal government sponsored mortgage insurance or guaranty program, including a Federal Housing Administration program, shall not be considered to be a prepayment fee or penalty; (E) All prepayment fees or penalties that are charged to the borrower if the loan refinances a previous loan made or currently held by the same creditor or an affiliate of the creditor; (F) For open-end loans, points and fees are calculated in the same manner as for loans other than open-end loans, based on the minimum points and fees that a borrower would be required to pay in order to draw on the open-end loan an amount equal to the total credit line; and

GEORGIA LAWS 2003 SESSION
(G) Points and fees shall not include: (i) Taxes, filing fees, recording, and other charges and fees paid or to be paid to public officials for determining the existence of or for perfecting, releasing, or satisfying a security interest; (ii) Bona fide and reasonable fees paid to a person other than the creditor or an affiliate of the creditor for the following: fees for tax payment services; fees for flood certification; fees for pest infestation and flood determination; appraisal fees; fees for inspections performed prior to closing; credit reports; surveys; attorneys' fees, if the borrower has the right to select the attorney from an approved list or otherwise; notary fees; escrow charges, so long as not otherwise included under subparagraph (A) of this paragraph; title insurance premiums; and fire and hazard insurance and flood insurance premiums, provided that the conditions in 12 C.F.R. 226.4(d)(2) are met; (iii) Bona fide fees paid to a federal or state government agency that insures payment of some portion of a home loan, including, but not limited to, the Federal Housing Administration, the Department of Veterans Affairs, the United States Department of Agriculture for rural development loans, or the Georgia Housing and Finance Authority; and (iv) Notwithstanding any provision to the contrary in this chapter, compensation in the form of premiums, commissions, or similar charges paid to a creditor or any affiliate of a creditor for the sale of: (I) title insurance; or (II) insurance against loss of or damage to property or against liability arising out of the ownership or use of property, provided that the conditions in 12 C.F.R. 226.4(d)(2) are met.
(13) 'Process,' 'processes,' or 'processing' means to act as a processor. (14) 'Processor' means any person that prepares paperwork necessary for or associated with the closing of a home loan, including but not limited to promissory notes, disclosures, deeds, and closing statements, provided that processor shall not include persons on the grounds that they are engaged in data processing or statement generation services for home loans. (15) 'Servicer' means the same as set forth in 24 C.F.R. 3500.2. (16) 'Servicing' means the same as set forth in 24 C.F.R. 3500.2. (17) Threshold' means:
(A) Without regard to whether the loan transaction is or may be a 'residential mortgage transaction' as that term is defined in 12 C.F.R. 226.2(a)(24), the annual percentage rate of the loan is such that it equals or exceeds that set out in Section 152 of the Home Ownership and Equity Protection Act of 1994, 15 U.S.C. Section 1602(aa), and the regulations adopted pursuant thereto by the Federal Reserve Board, including Section 12 C.F.R. 226.32; or (B) The total points and fees payable in connection with the loan, excluding not more than two bona fide discount points, exceed: (i) 5 percent of the total loan amount if the total loan amount is $20,000.00 or more or (ii) the

GENERAL ACTS AND RESOLUTIONS, VOL. I
lesser of 8 percent of the total loan amount or $1,000.00 if the total loan amount is less than $20,000.00. (18) Total loan amount' means the amount calculated as set forth in 12 C.F.R. 226.32(a) and under the Official Staff Commentary of the Board of Governors of the Federal Reserve System. For open-end loans, the total loan amount shall be calculated using the total credit line available under the terms of the home loan as the amount financed.
7-6A-3.
All home loans shall be subject to the following limitations and prohibited practices:
(1) No creditor shall make a home loan that finances, directly or indirectly: (A) Any credit life, credit accident, credit health, credit personal property, or credit loss-of-income insurance, debt suspension coverage, or debt cancellation coverage, whether or not such coverage is insurance under applicable law, that provides for cancellation of all or part of a borrower's liability in the event of loss of life, health, personal property, or income or in the case of accident written in connection with a home loan; or (B) Any life, accident, health, or loss-of-income insurance without regard to the identity of the ultimate beneficiary of such insurance;
provided, however, that for the purposes of this Code section, any premiums or charges calculated and paid on a monthly basis shall not be considered financed directly or indirectly by the creditor; (2) No creditor or servicer shall recommend or encourage default on an existing loan or other debt prior to and in connection with the closing or planned closing of a home loan that refinances all or any portion of such existing loan or debt; (3) No creditor or servicer may charge a borrower a late payment charge unless the loan documents specifically authorize the charge, the charge is not imposed unless the payment is past due for ten days or more, and the charge does not exceed 5 percent of the amount of the late payment. A late payment charge may not be imposed more than once with respect to a particular late payment. If a late payment charge is deducted from a payment made on the home loan and such deduction results in a subsequent default on a subsequent payment, no late payment charge may be imposed for such default. A lender may apply any payment made in the order of maturity to a prior period's payment due even if the result is late payment charges accruing on subsequent payments due; and (4) No creditor or servicer may charge a fee for informing or transmitting to any person the balance due to pay off a home loan or to provide a release upon prepayment. When such information is provided by facsimile or if it is provided upon request within 60 days of the fulfillment of a previous request, a creditor or servicer may charge a processing fee up to $10.00. Payoff

____________GEORGIA LAWS 2003 SESSION_____________7
balances shall be provided within a reasonable time but in any event no more than five business days after the request.
7-6A-4.
(a) No creditor may knowingly or intentionally engage in the unfair act or practice of'flipping' a home loan. Flipping a home loan is the consummating of a high cost home loan to a borrower that refinances an existing home loan that was consummated within the prior five years when the new loan does not provide reasonable, tangible net benefit to the borrower considering all of the circumstances including, but not limited to, the terms of both the new and refinanced loans, the cost of the new loan, and the borrower's circumstances. (b) The home loan refinancing transaction shall be presumed to be a flipping where a high-cost home loan refinances an existing home loan that was consummated within the prior five years and that is a special mortgage originated, subsidized, or guaranteed by or through a state, tribal, or local government or a nonprofit organization, which either bears a below-market interest rate at the time the loan was originated or has nonstandard payment terms beneficial to the borrower, such as payments that vary with income, are limited to a percentage of income, or where no payments are required under specified conditions and where, as a result of the refinancing, the borrower will lose one or more of the benefits of the special mortgage. Notwithstanding any provision to the contrary contained in this chapter, home loan refinancing transactions of first mortgage loans originated by, purchased by, or assigned to the Georgia Housing and Finance Authority shall not be presumed to be a flipping under this subsection. (c) Notwithstanding any provision to the contrary contained in this chapter regarding costs and attorneys' fees, in any action instituted by a borrower who alleges that the defendant violated this Code section, the borrower shall be entitled to costs and attorneys' fees only if the presiding judge, in the judge's discretion, allows reasonable attorneys' fees and costs to the borrower as prevailing party, such fees and costs to be taxed as a part of the court costs and payable by the losing party upon a finding by the presiding judge that the party charged with the violation has willfully engaged in the act or practice and there was unwarranted refusal by such party to fully resolve the matter which constitutes the basis of such action.
7-6A-5.
High-cost home loans shall be subject to the following limitations and prohibited practices:
(1) No prepayment fees or penalties shall be provided for in the loan documents for a high-cost home loan or charged the borrower after the last day of the twenty-fourth month following the loan closing or which exceed in the aggregate:

GENERAL ACTS AND RESOLUTIONS, VOL. I
(A) In the first 12 months after the loan closing, more than 2 percent of the loan amount prepaid; or (B) In the second 12 months after the loan closing, more than 1 percent of the amount prepaid; (2) A high-cost home loan shall not contain a scheduled payment that is more than twice as large as the average of earlier scheduled payments. This provision does not apply when the payment schedule is adjusted to the seasonal or irregular income of the borrower; (3) A high-cost home loan shall not include payment terms under which the outstanding principal balance will increase at any time over the course of the loan because the regular periodic payments do not cover the full amount of interest due; (4) A high-cost home loan shall not contain a provision that increases the interest rate after default. This provision does not apply to interest rate changes in a variable rate loan otherwise consistent with the provisions of the loan documents, provided the change in the interest rate is not triggered by the event of default or the acceleration of the indebtedness; (5) A high-cost home loan shall not include terms under which more than two periodic payments required under the loan are consolidated and paid in advance from the loan proceeds provided to the borrower; (6) Without regard to whether a borrower is acting individually or on behalf of others similarly situated, any provision of a high-cost home loan agreement that allows a party to require a borrower to assert any claim or defense in a forum that is less convenient, more costly, or more dilatory for the resolution of a dispute than a judicial forum established in this state where the borrower may otherwise properly bring the claim or defense or limits in any way any claim or defense the borrower may have is unconscionable and void; (7) A creditor shall not make a high-cost home loan without first receiving certification from a counselor with a third-party nonprofit organization approved by the United States Department ofHousing and Urban Development or the Georgia Housing and Finance Authority that the borrower has received counseling on the advisability of the loan transaction. No creditor, servicer, or its institution shall be required to contribute to the funding of any nonprofit organization that provides counseling required pursuant to this paragraph; (8) A creditor shall not make a high-cost home loan unless a reasonable creditor would believe at the time the loan is consummated that the borrower residing in the home will be able to make the scheduled payments associated with the loan based upon a consideration of his or her current and expected income, current obligations, employment status, and other financial resources, other than the borrower's equity in the collateral that secures repayment of the loan. There is a rebuttable presumption that the borrower residing in the home is able to make the scheduled payments to repay the obligation if, at the time the loan is consummated, said borrower's total monthly debts, including amounts under the loan, do not exceed 50 percent of said borrower's monthly

GEORGIA LAWS 2003 SESSION
gross income as verified by tax returns, payroll receipts, and other third-party income verification; (9) A creditor or servicer shall not pay a contractor under a home improvement contract from the proceeds of a high-cost home loan unless:
(A) The creditor or servicer is presented with an affidavit of the contractor that the work has been completed, which affidavit meets the requirements of Code Section 44-14-361.2; and (B) The proceeds are disbursed in an instrument payable to the borrower or jointly to the borrower and the contractor or, at the election of the borrower, through a third-party escrow agent in accordance with terms established in a written agreement signed by the borrower, the drafter of the instrument, and the contractor prior to the disbursement; (10) A creditor or servicer shall not charge a borrower any fees or other charges to modify, renew, extend, or amend a high-cost home loan or to defer any payment due under the terms of a high-cost home loan; (11) A creditor who makes a high-cost home loan and who has the legal right to foreclose shall provide notice of the intent to foreclose to the borrower in writing by certified mail, return receipt requested, to the address of the borrower last known to the creditor. Such notice shall be sent to the borrower at least 14 days prior to the publication of the legal advertisement required by Code Section 44-14-162; (12) If a creditor or servicer asserts that grounds for acceleration of a high-cost home loan exist and requires the payment in full of all sums secured by the security instrument, the borrower or anyone authorized to act on the borrower's behalf shall have the right at any time, up to the time title is transferred by means of foreclosure by judicial proceeding and sale or otherwise, to cure the default and reinstate the high-cost home loan by tendering the total amount of principal, interest, late fees, and escrow deposits in arrears, not including any acceleration. Cure of default as provided in this paragraph shall reinstate the borrower to the same position as if the default had not occurred and shall nullify as of the date of the cure any acceleration of any obligation under the security instrument or note arising from the default; (13)(A) To cure a default under this Code section, a borrower shall not be required to pay any charge, fee, or penalty attributable to the exercise of the right to cure a default as provided for in this Code section, other than the fees specifically allowed by this Code section. The borrower shall not be liable for any attorneys' fees relating to the borrower's default that are incurred by the creditor or servicer prior to or during the 30 day period set forth in this paragraph, nor for any such fees in excess of $100.00 that are incurred by the creditor or servicer after the expiration of the 30 day period but prior to the time the creditor or servicer files a foreclosure action or takes other action to seize or transfer ownership of the home. After the creditor or servicer files a foreclosure action or takes other action to seize or transfer ownership of the home, the borrower shall only be liable for attorneys' fees

10___________GENERAL ACTS AND RESOLUTIONS, VOL. I________
that are reasonable and actually incurred by the creditor or servicer based on a reasonable hourly rate and a reasonable number of hours plus any other reasonable and necessary expenses incurred by the creditor or servicer. (B) If a default is cured prior to the initiation of any action to foreclose or to seize or transfer a home, the creditor or servicer shall not institute the foreclosure proceeding or other action for that default. If a default is cured after the initiation of any action to foreclose, the creditor or servicer shall take such steps as are necessary to terminate the foreclosure proceeding or other action. (C) Before any action is filed to foreclose upon the home or other action is taken to seize or transfer ownership of a home, a notice of the right to cure the default must be delivered to the borrower informing the borrower of the following:
(i) The nature of the default claimed on the high-cost home loan and of the borrower's right to cure the default by paying the sum of money required to cure the default. If the amount necessary to cure the default will change during the 30 day period after the effective date of the notice due to the application of a daily interest rate or the addition of late fees as allowed by this chapter, the notice shall give sufficient information to enable the borrower to calculate the amount at any point during the 30 day period; (ii) The date by which the borrower shall cure the default to avoid acceleration and initiation of foreclosure or other action to seize the home which date shall not be less than 30 days after the date the notice is effective and the name and address and phone number of a person to whom the payment or tender shall be made; (iii) That, if the borrower does not cure the default by the date specified, the creditor or servicer may take steps to terminate the borrower's ownership in the property by commencing a foreclosure proceeding or other action to seize the home; and (iv) The name and address of the creditor or servicer and the telephone number of a representative of the creditor or servicer whom the borrower may contact if the borrower disagrees with the creditor's or servicer's assertion that a default has occurred or the correctness of the creditor's or servicer's calculation of the amount required to cure the default; (14) A high-cost home loan shall not contain nor shall a creditor or servicer enforce a provision that permits a creditor or servicer, in its sole discretion, to accelerate the indebtedness. This paragraph does not prohibit acceleration of the loan in good faith due to the borrower's failure to abide by the material terms of the loan; and (15) All high-cost home loan documents that create a debt or pledge property as collateral shall contain the following notice on the first page in a conspicuous manner: 'Notice: This is a mortgage subject to special rules under the "Georgia Fair Lending Act." Purchasers or assignees of this mortgage may

____________GEORGIA LAWS 2003 SESSION____________H
be liable for all claims and defenses by the borrower with respect to the mortgage.'
7-6A-6.
(a) Notwithstanding any other provision of law, where a home loan was made, arranged, or assigned by a person selling home improvements to the dwelling of a borrower, the borrower may assert against the creditor all affirmative claims and any defenses that the borrower may have against the seller or home improvement contractor, provided that this subsection shall not apply to loans other than high-cost home loans unless applicable law requires a certificate of occupancy, inspection, or completion to be obtained and said certificate is not obtained. (b) Notwithstanding any other provision of law, any person who purchases, is assigned, or otherwise becomes a holder of a high-cost home loan shall be subject to all affirmative claims and any defenses with respect to the high-cost home loan that the borrower could assert against the creditor of the high-cost home loan, unless the purchaser or holder demonstrates, by a preponderance of the evidence, that the purchaser or holder exercised reasonable due diligence at the time of purchase of the home loans, or within a reasonable time thereafter, intended to prevent the purchaser or holder from purchasing or taking assignment of high-cost home loans. (c) The relief granted in an action pursuant to subsection (b) of this Code section:
(1) May be asserted by the borrower only in an individual action and shall not exceed the sum of the amount of all remaining indebtedness of the borrower under such loan and reasonable attorneys' fees in such individual action; (2) May be sought by the borrower of a high-cost home loan after notice of acceleration or foreclosure of the high-cost home loan, asserting a violation of Code Section 7-6A-4 or 7-6A-5 in an individual action to enjoin foreclosure or to preserve or obtain possession of the home secured by the high-cost home loan; and (3) Must be brought within one year from the date of the occurrence of the violation; provided, however, a borrower shall not be barred from asserting a violation of Code Section 7-6A-5 in an action to collect the debt which was brought more than one year from the date of the occurrence of such a violation as a matter of defense by recoupment or set-off in such action except as otherwise provided by law. (d) It shall be a violation of this chapter for any person to attempt in bad faith to avoid the application of this chapter by dividing any loan transaction into separate parts or structuring a home loan transaction as an open-end loan for the purpose of evading the provisions of this chapter when the loan would have been a high-cost home loan if the loan had been structured as a closed-end loan or engaging in any other subterfuge with the intent of evading any provision of this chapter.

U______GENERAL ACTS AND RESOLUTIONS, VOL. I________
7-6A-7.
(a) Any creditor found by a preponderance of the evidence to have violated this chapter shall be liable to the borrower for the following:
(1) Actual damages, including consequential and incidental damages; (2) Statutory damages equal to the recovery of two times the interest paid under the loan and forfeiture of interest under the loan for any violation of paragraph (1) or (2) of Code Section 7-6A-3, any violation of Code Section 7-6A-4, or any violation of Code Section 7-6A-5; (3) Punitive damages subject to Code Section 51-12-5.1; and (4) Costs and reasonable attorneys' fees. (b) A borrower may be granted injunctive, declaratory, and such other equitable relief as the court deems appropriate in an action to enforce compliance with this chapter including, but not limited to, the following: (1) Notwithstanding any other provision of law, a court shall have the discretion not to require a borrower of a high-cost home loan seeking injunctive or other equitable relief under the provisions of this chapter to make a tender upon a showing that the borrower has a reasonable likelihood of being successful on the merits. When tender is not required by the court, upon application to the court by the creditor, the court shall require the borrower to pay into the registry of the court all regularly scheduled home loan payments including property taxes and homeowners hazard insurance premiums if required by escrow agreement which are the responsibility of the borrower payable to the creditor or servicer under the terms of the home loan agreement which become due after the filing of the legal action, said home loan payments to be paid as such become due, and such other expenses provided under the home loan agreement as the court may deem just, provided that regularly scheduled payments shall not include any payments allegedly due under any acceleration provision of the home loan. If the creditor or servicer and the borrower disagree as to the amount of the home loan payments due, either or both of them may submit to the court any written home loan agreement for the purpose of establishing the amount of home loan payments to be paid into the registry of the court; (2) If the borrower should fail to make any regularly scheduled payment under a high-cost home loan as it becomes due after the filing of this action, upon application to the court by the creditor or servicer, the court may issue an order denying the borrower's petition for injunctive or other equitable relief, and vacating any decree for injunctive or equitable relief previously entered by the court; and (3) The court shall order the clerk of the court to pay to the creditor or any person the creditor may designate the payments claimed under the high-cost home loan agreement paid into the registry of the court as said payments are made; provided, however, that, if the borrower claims that he or she is entitled to all or any part of the funds and such claim is an issue of controversy in the litigation, the court shall order the clerk to pay to the creditor or any person the

_____________GEORGIA LAWS 2003 SESSION____________13
creditor may designate without delay only that portion of the funds to which the borrower has made no claim in the proceedings or may make such other order as is appropriate under the circumstances. That part of the funds which is a matter of controversy in the litigation shall remain in the registry of the court until a determination of the issues by the trial court. If either party appeals the decision of the trial court, that part of the funds equal to any sums found by the trial court to be due from the creditor or servicer to the borrower shall remain in the registry of the court until a final determination of the issues. The court shall order the clerk to pay to the creditor or any person the creditor may designate without delay the remaining funds in court and all payments of future home loan payments made into court pursuant to paragraph (1) of this subsection unless the borrower can show good cause that some or all of such payments should remain in court pending a final determination of the issues. (c) The remedies provided in this chapter shall be cumulative. (d) Any violation of this chapter may be enforced pursuant to Code Section 9-11-23.
(e) The right of rescission granted and defined under 15 U.S.C. Section 1601, et seq., and a right of rescission for any violation of paragraph (1) or (2) of Code Section 7-6A-3, any violation of Code Section 7-6A-4, or any violation of Code Section 7-6A-5 shall be available to a borrower of a high-cost home loan at any time during the term of the loan not to exceed a period of five years after the consummation of the loan. (f) The brokering of a home loan by a broker registered or licensed or required to be registered or licensed as a broker under the laws of this state or any other jurisdiction that violates the provisions of this chapter shall constitute a violation of such provisions. (g) Without regard to whether a borrower is acting individually or on behalf of others similarly situated, any provision of a home loan agreement that allows a party to require a borrower to assert any claim or defense in a forum that is less convenient, more costly, or more dilatory for the resolution of a dispute than a judicial forum established in this state where the borrower may otherwise properly bring the claim or defense or limits in any way any claim or defense the borrower may have is unconscionable and void. (h) An action under this chapter may be brought within five years after the date of the first scheduled payment by the borrower under the home loan, (i) The remedies provided in this chapter are not intended to be the exclusive remedies available to a borrower nor must the borrower exhaust any administrative remedies provided under this chapter or any other applicable law before proceeding under this Code section.
7-6A-8.
(a) The Attorney General, the district attorneys of this state, and the commissioner of banking and finance shall have jurisdiction to enforce this chapter through their general regulatory powers and through civil process. The

14________GENERAL ACTS AND RESOLUTIONS, VOL. I________
Commissioner of Insurance shall have like authority to enforce paragraph (1) of Code Section 7-6A-3. (b) Any person, including members, officers, and directors of a creditor, who knowingly violates this chapter is guilty of a misdemeanor and, on conviction, is subject to a fine not exceeding $ 1,000.00 for each violation or to imprisonment not exceeding six months, or both.
7-6A-9. A creditor or servicer or an insurer providing insurance through premiums financed by a creditor of a home loan who, when acting in good faith, fails to comply with the provisions of this chapter will not be deemed to have violated this chapter if the creditor or servicer or insurer providing insurance through premiums financed by a creditor establishes that either:
(1) Within 90 days of the loan closing and prior to receiving any notice from the borrower of the compliance failure, (A) the creditor or servicer has offered appropriate restitution to the borrower and appropriate adjustments are made to the loan or (B) to correct a compliance failure of paragraph (1) of Code Section 7-6A-3, an insurer providing insurance through premiums financed by a creditor may provide appropriate restitution to the borrower by returning premiums paid plus interest charged on the premiums to the borrower upon receipt of notice of the compliance failure; or (2) Within 90 days of discovering a compliance failure and prior to receiving any notice of the compliance failure and the compliance failure was not intentional and resulted from a bona fide error notwithstanding the maintenance of procedures reasonably adapted to avoid such errors, the borrower is notified of the compliance failure, appropriate restitution is offered to the borrower, and appropriate adjustments are made to the loan. Examples of a bona fide error include clerical, calculation, computer malfunction and programming, and printing errors. An error of legal judgment with respect to a person's obligations under this chapter is not a bona fide error.
7-6A-10. The provisions of this chapter shall be severable and, if any phrase, clause, sentence, or provision is declared to be invalid or is preempted by federal law or regulation, the validity of the remainder of this chapter shall not be affected thereby. If any provision of this chapter is declared to be inapplicable to any category of persons or any specific category, type, or kind of loan or portions thereof, the provisions of this chapter shall nonetheless continue to apply with respect to all other persons and all other loans or portions thereof.
7-6A-11. No municipality or county shall enact any ordinance or law that regulates the terms of home loans or that makes the eligibility of any person or entity to do

_____________GEORGIA LAWS 2003 SESSION____________15
business with the municipality or county dependent upon the terms of home loans originated or serviced by such person or entity.
7-6A-12. The provisions of this chapter shall not apply to any bank, trust company, savings and loan, savings bank, credit union, or subsidiary thereof, respectively, that is chartered under the laws of this state or any other state only to the extent federal law precludes or preempts or has been determined to preclude or preempt the application of the provisions of this chapter to any federally chartered bank, trust company, savings and loan, savings bank, or credit union, respectively, and such federal preclusion or preemption shall apply only to the same type of state chartered entity as the federally chartered entity affected; provided, however, the provisions of this chapter, including subsection (f) of Code Section 7-6A-7, shall be applicable to an independent mortgage broker for any loan originated or brokered by the broker that is initially funded by any state or federally chartered bank, trust company, savings and loan, savings bank, or credit union.
7-6 A-13. Without limitations on the power conferred by Chapter 1 of this title, the Department of Banking and Finance shall have the authority to promulgate rules and regulations not inconsistent with law for the enforcement of this chapter to effectuate the purposes of this chapter and to clarify the meaning of terms. In complying with this chapter, a creditor's good faith reliance on any formal or informal written guidance of the Department of Banking and Finance previously made available to the general public shall constitute prima-facie evidence of compliance with this chapter. The provisions of this Code section shall apply even if, following the reliance, such guidance is amended, rescinded, or determined by any judicial or other authority to be invalid."
SECTION 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.
Approved March 7, 2003.

16_______GENERAL ACTS AND RESOLUTIONS, VOL. I________
COURTS - JUVENILE PLACEMENT OPTIONS.
No. 3 (Senate Bill No. 236).
AN ACT
To amend Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile proceedings, so as to provide for additional placement options; to change certain provisions regarding definitions; to change certain provisions regarding reunification efforts; to change certain provisions regarding child placement following termination orders; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile proceedings, is amended by striking paragraph (5) of Code Section 15-11-2, relating to definitions, and inserting in its place the following:
"(5) 'Custodian1 means: (A) A person, other than a parent or legal guardian, who stands in loco parentis to the child or a person to whom legal custody of the child has been given by order of a court; or (B) A public or private agency or other private organization licensed or otherwise authorized by law to receive and provide care for a child to which legal custody of the child has been given by order of a court."
SECTION 2. Said chapter is further amended by striking paragraph (2) of subsection (a) of Code Section 15-11-55, relating to disposition of deprived child, and inserting in its place the following:
"(2) Subject to conditions and limitations as the court prescribes, transfer temporary legal custody to any of the persons or entities described in this paragraph. Without limiting the generality of the foregoing, such conditions and limitations shall include a provision that the court shall approve or direct the retransfer of the physical custody of the child back to the parents, guardian, or other custodian either upon the occurrence of specified circumstances or in the discretion of the court. Any such retransfer of physical custody may be made subject to such further conditions and limitations as the court prescribes, including supervision for the protection of the child. The persons or entities to whom or which temporary legal custody may be transferred shall include the following:

_____________GEORGIA LAWS 2003 SESSION____________17
(A) Any individual including a putative father who, after study by the probation officer or other person or agency designated by the court, is found by the court to be qualified to receive and care for the child; (B) An agency or other private organization licensed or otherwise authorized by law to receive and provide care for the child; (C) Any public agency authorized by law to receive and provide care for the child; or (D) An individual in another state with or without supervision by an appropriate officer under Code Section 15-11-89. Except for dispositions pursuant to paragraph (1) of subsection (a) of Code Section 15-11-66 and Code Section 15-11-67, before transferring temporary legal custody in an order of disposition under this paragraph a reasonably diligent search for a parent or relative of the child or other persons who have demonstrated an ongoing commitment to the child shall be conducted by the court and the Department of Human Resources. Such search shall be completed within 90 days from the date on which the child was removed from the home, the results of such search documented in writing and filed with the court at the time of the first review. During such 90 day period, the child may be placed in the temporary legal custody of the Department of Human Resources or any other appropriate entity or person; or"
SECTION 3. Said chapter is further amended by striking subsections (b), (d), (i), (k), (1), and (o) of Code Section 15-11-58, relating to reunification efforts, and inserting in their place new subsections (b), (d), (i), (k), (1), and (o), respectively, to read as follows:
"(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 Services of the Department of Human Resources must submit a written report to the court which shall either include a case plan for a reunification of the family or include a statement of the factual basis or bases for determining that a plan for reunification is not appropriate. Such report shall become a discrete part of the case record in a format determined by the Division of Family and Children Services of the Department of Human Resources and shall be made available to the parents or guardian of the foster child. The contents of the report shall be determined at a meeting to be held by the Division of Family and Children Services of the Department of Human Resources in consultation with the judicial citizen review panel, if one is designated by the court for such purpose, and the parents and children, when available. The parents shall be given written notice of the meeting at least five days in advance and shall be advised that the report will be submitted to the court for consideration 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."

]8_______GENERAL ACTS AND RESOLUTIONS, VOL. I_________
"(d) If the submitted report contains a proposed plan for reunification services, and no hearing is requested as provided in this Code section, the court shall enter a dispositional order or supplemental order incorporating all elements of the plan for reunification services which the court finds essential to reunification of the child with his or her family, specifying what must be accomplished by all parties before reunification of the family can be achieved. If the report contains a plan for reunification services, a copy of the report must be transmitted to the parents at the same time the report is transmitted to the court, along with written notice that the report will be considered by the court without a hearing unless, within five days from the date the copy of the report was received, the parents request a hearing before the court to review the report. The Division of Family and Children Services of the Department of Human Resources shall provide the custodian of the child, the foster parents of the child, and any preadoptive parents or relatives providing care for the child with a copy of those portions of the court approved plan that involve the permanency goal and the services to be provided to the child. The provisions of subsection (p) of this Code section concerning notice, opportunity to be heard, authority of the court, and content of the court's order are applicable to proceedings under this subsection."
"(i)(l) If the court has entered an order finding that reasonable efforts to reunify a child with his or her family would be detrimental to the child in accordance with subsection (h) of this Code section and if the court finds that referral for termination of parental rights and adoption is not in the best interest of the child, the court may, upon proper petition, enter a custody order which shall remain in effect until the child's eighteenth birthday:
(A) Placing the child in the custody of a relative of the child if such a person is willing and, after study by the probation officer or other person or agency designated by the court, is found by the court to be qualified to receive and care for the child; (B) Placing the child in the custody of any nonrelative individual who, after study by the probation officer or other person or agency designated by the court, is found by the court to be qualified to receive and care for the child; (C) Placing the child in the custody of a suitable individual custodian in another state pursuant to the provisions of Code Section 15-11-89; or (D) In the case where the court has found a compelling reason that a placement pursuant to subparagraph (A), (B), or (C) of this paragraph is not in the child's best interest, placing the child in the custody of an agency or organization licensed or otherwise authorized by law to receive and provide care for the child which is operated in a manner that provides such care, guidance, and control as would be provided in a family home as defined in the court's order. Such order may be modified following a petition for modification by a party or upon motion of the court pursuant to Code Section 15-11-40. (2) A probation officer, judicial citizen review panel established by the court, or other person or agency designated by the court shall, after study or review,

_____________GEORGIA LAWS 2003 SESSION____________19
submit a report to the court addressing whether the custodian to whom custody of a child has been given pursuant to this Code section continues to be qualified to receive and care for the child within:
(A) Thirty-six months of an order placing a child in the custody of a relative pursuant to subparagraph (A) of paragraph (1) of this subsection and every 36 months thereafter; or (B) Twelve months of an order placing a child in the custody of a nonrelative, an out-of-state custodian, or an agency or organization licensed or otherwise authorized by law to receive and provide care for the child pursuant to subparagraph (B), (C), or (D) of paragraph (1) of this subsection and every 12 months thereafter. (3) Whenever a child is placed in the custody of an agency or organization licensed or otherwise authorized by law to receive and provide care for the child pursuant to subparagraph (D) of paragraph (1) of this subsection, such agency or organization shall be charged with the responsibility of notifying the court within ten days in the event its license is placed on probation, suspended, revoked, or surrendered and, in such event, the court shall conduct a judicial review within ten days of such notification to determine whether another placement should be made for the child." "(k) Except as otherwise provided by law, an order of disposition placing a deprived child in foster care under the supervision of the Division of Family and Children Services of the Department of Human Resources shall continue in force for 12 months after the date the child is considered to have entered foster care or until sooner terminated by the court. For the purposes of this 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 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

20_______GENERAL ACTS AND RESOLUTIONS, VOL. I_________
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. The Division of Family and Children Services of the Department of Human Resources shall provide the custodian of the child, the foster parents of the child, and any preadoptive parents or relatives providing care for the child with a copy of those portions of the report of the judicial citizen review panel that involve the recommended permanency goal and the recommended services to be provided to the child. Following such initial review, additional periodic reviews shall be held at six-month intervals. The provisions of subsection (p) of this Code section concerning notice, opportunity to be heard, authority of the court, and content of the court's order are applicable to proceedings under this subsection. (1) If no hearing is requested or scheduled by the court on its own motion, the court shall review the proposed revised plan and enter a supplemental order incorporating a revised plan as part of its disposition in the case. In the event that a hearing is held, the court shall, after hearing evidence, enter a supplemental order incorporating all elements that the court finds essential in the proposed revised plan. The provisions of subsection (p) of this Code section concerning notice, opportunity to be heard, authority of the court, and content of the court's order are applicable to proceedings under this subsection. The judge's supplemental order shall be entered within a reasonable time from the conclusion of the hearing or expiration of the time for the hearing to be requested and shall also provide one of the following:
(1) That the child return to the home of his or her parents, legal guardian, or custodian with or without court imposed conditions; (2) That the child continue in the current custodial placement and that the current placement is appropriate for the child's needs; or (3) That the child continue in the current custodial placement but that the current placement plan is no longer appropriate for the child's needs and direct the department to devise another plan within available resources. The new plan must be submitted within ten days for court approval. Copies of any court approved revised plan shall be furnished to all parties. The Division of Family and Children Services of the Department of Human Resources shall provide the custodian of the child, the foster parents of the child, and any preadoptive parents or relatives providing care for the child with a copy of those portions of the court approved revised plan that involve the permanency goal and the services to be provided to the child. In the event that the judicial citizen review panel determines that the parents have unjustifiably failed to comply with the ordered plan designed to reunite the family and that such failure is significant enough to warrant consideration of termination of parental rights, the panel may make a recommendation to the

_____________GEORGIA LAWS 2003 SESSION____________2]_
guardian ad litem of the child, the Division of Family and Children Services of the Department of Human Resources, and the intake officer of the court that a petition for termination of parental rights should be prepared. Any such party or officer of the court shall file a petition if, upon examination, they find sufficient evidence. In the event that no guardian ad litem has been appointed when the judicial citizen review panel recommends that a petition to terminate parental rights be filed, the court shall have the authority to appoint a guardian ad litem who shall have the duty to determine whether termination proceedings should be commenced."
"(o)(l) 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 held by the court at the time of the hearing on a motion to extend custody permitted by subsection (n) of this Code section. The provisions of subsection (p) of this Code section concerning notice, opportunity to be heard, authority of the court, and content of the court's order are applicable to proceedings under this paragraph. (2) 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 none of the foregoing options would be in the best interest of the child, placed in another planned permanent living arrangement. The report shall include documentation of the steps to be taken by the Division of Family 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. The provisions of subsection (p) of this Code section concerning notice, opportunity to be heard, authority of the court, and content of the court's order are applicable to proceedings under this paragraph. (3) 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

22_______GENERAL ACTS AND RESOLUTIONS, VOL. I_________
by a judicial citizen review panel established by the court in the manner provided in subsection (k) of this 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. The provisions of subsection (p) of this Code section concerning notice, opportunity to be heard, authority of the court, and content of the court's order are applicable to proceedings under this paragraph.
(A) 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 (5) and (6) of this 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 (5) and (6) of this subsection that the court finds essential in the proposed permanency plan. 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 (5) and (6) 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 (5) and (6) of this subsection that the court finds essential in the proposed permanency plan. (4) The parents, the custodian of the child, the foster parents of the child, any preadoptive parent or relative providing care for the child, 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 the court for consideration 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. The provisions of subsection (p) of this Code section concerning notice, opportunity to be heard, authority of the court, and content of the court's order are applicable to proceedings under this paragraph. (5) 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

_____________GEORGIA LAWS 2003 SESSION____________23
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 as defined in the court's order. The provisions of subsection (p) of this Code section concerning notice, opportunity to be heard, authority of the court, and content of the court's order are applicable to proceedings under this paragraph. (6) 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. The provisions of subsection (p) of this Code section concerning notice, opportunity to be heard, authority of the court, and content of the court's order are applicable to proceedings under this paragraph. (7) 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."
SECTION 4. Said chapter is further amended by adding a new subsection (p) to Code Section 15-11-58, relating to reunification efforts, to read as follows:
"(p) In advance of each review or hearing to be held with respect to a child pursuant to this Code section, the court shall provide written notice or shall direct that a party shall provide written notice of such review or hearing, including their right to be heard at such review or hearing, to the custodian of the child, to the foster parents of the child, and to any preadoptive parents or relatives providing care for the child, consistent with the form and timing of notice to parties; provided, however, that this provision shall not be construed to require a custodian, 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

24_______GENERAL ACTS AND RESOLUTIONS, VOL. I_______
be heard. At each such hearing the court in its discretion, based upon the evidence, may enter an order accepting or rejecting any report of the Division of Family and Children Services of the Department of Human Resources, ordering an additional evaluation, appointing a guardian ad litem, or undertaking such other review as it deems necessary and appropriate to determine the disposition that is in the child's best interest. The court's order may incorporate all or part of the report of the Division of Family and Children Services of the Department of Human Resources. In its order the court shall include findings of fact which reflect the court's consideration of the oral and written testimony offered by the parents, the custodian of the child, the foster parents of the child, any preadoptive parents or relatives providing care for the child who are required to be provided with notice and a right to be heard in any review or hearing to be held with respect to the child, and the Division of Family and Children Services of the Department of Human Resources. A disposition may be made under the terms of this Code section only if the court finds that such disposition is in the best interest of the child."
SECTION 5. Said chapter is further amended by striking Code Section 15-11-103, relating to placement of child following termination order, and inserting in its place a new Code Section 15-11-103 to read as follows:
"15-11-103.
(a)(l) If, upon the entering of an order terminating the parental rights of a parent, there is no parent having parental rights, the court shall first attempt to place the child with a person related to the child by blood or marriage or with a member of the child's extended family if such a person is willing and, after study by the probation officer or other person or agency designated by the court, is found by the court to be qualified to receive and care for the child, if the court determines such placement is the most appropriate for and in the best interest of the child. A placement effected under this paragraph shall be conditioned upon the family member who is given permanent custody or who is granted an adoption of the child agreeing to abide by the terms and conditions of the order of the court. (2) If no placement of the child is effected under paragraph (1) of this subsection, the court may commit the child to the custody of the Department of Human Resources or to a licensed child-placing agency willing to accept custody for the purpose of placing the child for adoption, if the court determines such placement is the most appropriate for and in the best interest of the child. (3) If no placement of the child is effected under paragraph (1) or (2) of this subsection, the court may commit the child to a suitable individual on the condition that the person becomes the guardian of the person of the child pursuant to the court's authority under Code Section 15-11-30.1, if the court

_____________GEORGIA LAWS 2003 SESSION___________25
determines such placement is the most appropriate for and in the best interest of the child. (4) If no placement of the child is effected under paragraph (1), (2), or (3) of this subsection, the court may commit the child to the custody of the Department of Human Resources or to a licensed child-placing agency willing to accept custody for the purpose of placing the child in a foster home, if the court determines such placement is the most appropriate for and in the best interest of the child. (5) If no placement of the child is effected under paragraph (1), (2), (3), or (4) of this subsection, the court may commit the child to the custody of an agency or organization authorized by law to receive and provide care for children which is operated in a manner that provides such care, guidance, and control as would be provided in a family home as defined in the court's order, if the court determines that such placement is the most appropriate for and in the best interest of the child. (6) If no placement of the child is effected under paragraph (1), (2), (3), (4), or (5) of this subsection, the court may take other suitable measures for the care and welfare of the child. (b) A placement may be made under the terms of this Code section only if the court finds that such placement is in the best interest of the child. (c) The court shall transmit a copy of every final order terminating the parental rights of a parent to the Office of Adoptions of the Department of Human Resources within 15 days of the filing of such order. (d) The custodian has authority to consent to the adoption of the child, the child's marriage, the child's enlistment in the armed forces of the United States, and surgical and other medical treatment for the child. (e) Except in those cases where the child was placed pursuant to paragraph (3) or (5) of subsection (a) of this Code section, if a petition seeking the adoption of the child is not filed within one year after the date of the disposition order, the court shall then, and at least yearly thereafter as long as the child remains unadopted, review the circumstances of the child to determine what efforts have been made to assure that the child will be adopted. The court may then enter such orders as it deems necessary to further the adoption, including but not limited to another placement. In those cases where the child was placed with a guardian of the child's person pursuant to paragraph (3) of subsection (a) of this Code section, the guardian shall report to the court in the same manner and at the same frequency as is required for guardians of the person of minors appointed by the judge of the probate court. In those cases where the child was placed pursuant to paragraph (5) of subsection (a) of this Code section, the court shall, at least yearly thereafter as long as the child remains subject to the jurisdiction of the court, review the circumstances of the child to determine that placement in the family home-like setting continues to be in the child's best interests."

26_______GENERAL ACTS AND RESOLUTIONS, VOL. I
SECTION 6. This Act shall become effective on July 1, 2003.
SECTION 7. All laws and parts of laws in conflict with this Act are repealed.
Approved May 7, 2003.
STATE GOVERNMENT - STATE FEAG.
No. 4 (House Bill No. 380).
AN ACT
To provide for certain determinations with respect to the state flag of Georgia; to amend Title 50 of the Official Code of Georgia Annotated, relating to state government, so as to change the state flag; to provide for the holding of an advisory referendum election to determine whether the qualified electors of the State of Georgia desire a further change in the state flag; to provide for related matters; to provide for severability; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAE ASSEMBEY OF GEORGIA:
SECTION 1. Title 50 of the Official Code of Georgia Annotated, relating to state government, is amended in Code Section 50-3-1, relating to the state flag and public monuments, by striking subsection (a) and inserting in its place a new subsection to read as follows:
"(a) The flag of the State of Georgia shall consist of a square canton on a field of three horizontal bands of equal width. The top and bottom bands shall be scarlet and the center band white. The bottom band shall extend the entire length of the flag, while the center and top bands shall extend from the canton to the fly end of the flag. The canton of the flag shall consist of a square of blue the width of two of the bands, in the upper left of the hoist of the flag. In the center of the canton shall be placed a representation in gold of the coat of arms of Georgia as shown in the center of the obverse of the Great Seal of the State of Georgia adopted in 1799 and amended in 1914. Centered immediately beneath the coat of arms shall be the words 'IN GOD WE TRUST' in capital letters. The coat of arms and wording 'IN GOD WE TRUST' shall be encircled by 13 white five-pointed stars, representing Georgia and the 12 other original states that formed the United States of America. Official specifications of the flag,

_____________GEORGIA LAWS 2003 SESSION____________27
including color identification system, type sizes and fonts, and overall dimensions, shall be established by the Secretary of State, who pursuant to Code Section 50-3-4 serves as custodian of the state flag. Every force of the organized militia shall carry this flag while on parade or review."
SECTION 2. (a) It shall be the duty of the Secretary of State to issue the call for an advisory referendum election to determine whether the qualified electors of the State of Georgia desire that the state flag adopted under Section 1 of this Act be changed. The Secretary of State shall conduct the referendum election as provided in this section on the date of the 2004 presidential preference primary election. The Secretary of State shall issue the call and conduct that referendum election as provided by general law. (b) The ballot at the referendum election provided under this section shall have displayed or printed thereon the following:
"( ) 2003 FLAG VOTE FOR ONLY ONE CHOICE: Should the State of Georgia keep the 2003 Flag adopted at the 2003
( ) 2001 FEAG Session of the General Assembly or return to the 2001 Flag adopted at the 2001 Session of the General Assembly?"
The Secretary of State shall include pictures of the 2001 Flag and the 2003 Flag in appropriate positions on the ballot to assist the voters and facilitate the voting process, and if necessary to save significant printing costs a picture of the two flags may be attached to absentee ballots rather than appearing on the actual absentee ballot. (c) It shall be the duty of the Secretary of State to tabulate and certify the results of the referendum election and report said results to the Governor and the General Assembly immediately following such certification.
SECTION 3. In the event any section or subsection of this Act shall be declared or adjudged invalid or unconstitutional, such adjudication shall in no manner affect the other sections or subsections of this Act, which shall remain in full force and effect as if the section or subsection so declared or adjudged invalid or unconstitutional were not originally a part hereof. The General Assembly declares that it would have passed the remaining provisions of this Act if it had known that such provision or provisions hereof would be declared or adjudged invalid or unconstitutional.
SECTION 4. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

28_______GENERAL ACTS AND RESOLUTIONS, VOL. I
SECTION 5. All laws and parts of laws in conflict with this Act are repealed.
Approved May 8, 2003.

_____________GEORGIA LAWS 2003 SESSION____________29
STATE GOVERNMENT - APPROPRIATIONS; SUPPLEMENTAL; S.F.Y. 2002 - 2003.
No. 5 (House Bill No. 121).
AN ACT
To amend an Act providing appropriations for the State Fiscal Year 2002-2003 known as the "General Appropriations Act", approved May 13,2002 (Ga. L. 2002, p. 673), so as to change certain appropriations for the State Fiscal Year 2002-2003; to make language and other changes; to reallocate certain funds; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1.
An Act providing appropriations for the State Fiscal Year 2002-2003, as amended, known as the "General Appropriations Act" approved May 13,2002 (Ga. L. 2002, p. 673), is further amended by striking everything following the enacting clause through Section 68, and by substituting in lieu thereof the following:
"That the sums of money hereinafter provided are appropriated for the State Fiscal Year beginning July 1, 2002, and ending June 30, 2003, as prescribed hereinafter for such fiscal year, from funds from the Federal Government and the General Funds of the State, including unappropriated surplus, reserves and a revenue estimate of $13,834,000,000 (excluding indigent trust fund receipts, tobacco fund receipts and lottery receipts) for State Fiscal Year 2003.
PART I.
LEGISLATIVE BRANCH

Section 1. General Assembly. State Funds Personal Services - Staff Personal Services - Elected Officials Regular Operating Expenses Travel-Staff Travel - Elected Officials Capital Outlay Per Diem Differential Equipment Computer Charges

$ 34,867,560

$ 18,904,805

$ 5,456,807

$ 2,614,434

$

115,500

$

3,500

$

0

$

0

$

774,500

$

183,700

30

GENERAL ACTS AND RESOLUTIONS, VOL. I

Real Estate Rentals Telecommunications Per Diem and Fees - Staff Contracts - Staff Per Diem and Fees - Elected Officials Contracts - Elected Officials Photography Expense Reimbursement Account Austerity Adjustments
Total Funds Budgeted
State Funds Budgeted Senate Functional Budgets

Senate and Research Office

$

Lt. Governor's Office

$

Secretary of the Senate's Office

$

Total

($

House Functional Budgets

House of Representatives and Research $

Office

Speaker of the House's Office

$

Clerk of the House's Office

$

Total

|$

Joint Functional Budgets

Legislative Counsel's Office

$

Legislative Fiscal Office

S

Legislative Budget Office

$

Ancillary Activities

$

Budgetary Responsibility Oversight $

Committee

Total

$

Functional Budget

Austerity Adjustments

$

$

7,500

$

673,000

$

97,803

$

72,500

$ 3,376,511

$

830,000

$

105,000

$

1,652,000

$

0

$ 34,867,560

$ 34,867,560

Total Funds 6,216,958 S 1,100,337 S 1,408,849 $ 8,726,144 1 $

State Funds 6,216,958 1,100,337 1,408,849 8,726,144

Total Funds 13,503,699 S
461,948 $ 1,629,110 $ 1 5,594,757 1$

State Funds 13,503,699
461,948 1,629,110 15,594,757

Total Funds 3,176,819 $ 2,374,350 $ 1,194,618 $ 3,366,900 $ 433,972 $

State Funds 3,176,819 2,374,350 1,194,618 3,366,900 433,972

10,546,659 i $ 10,546,659

Total Funds

State Funds

0?$

0

For compensation, expenses, mileage, allowances, travel and benefits for members, officials, committees and employees of the General Assembly and each House thereof; for operating the offices of Lieutenant Governor and Speaker of the House of Representatives; for membership in the Council of State Governments, the National Conference of State Legislatures and the National Conference of Insurance Legislators and other legislative organizations, upon approval of the Legislative Services Committee; for membership in the Marine Fisheries Compact and other compacts, upon approval of the Legislative Services Committee; for the

_____________GEORGIA LAWS 2003 SESSION___________3\_

maintenance, repair, construction, reconstruction, furnishing and refurbishing of space and other facilities for the Legislative Branch; provided, however, before the Legislative Services Committee authorizes the reconstruction or renovation of legislative office space, committee rooms, or staff support service areas in any State-owned building other than the State Capitol, the committee shall measure the need for said space as compared to space requirements for full-time state agencies and departments and shall, prior to approval of renovation or reconstruction of legislative office space, consider the most efficient and functional building designs used for office space and related activities; for the Legislative Services Committee, the Office of Legislative Counsel, the Office of Legislative Budget Analyst and for the Legislative Fiscal Office; for compiling, publishing and distributing the Acts of the General Assembly and the Journals of the Senate and the House of Representatives; for Code Revision; for equipment, supplies, furnishings, repairs, printing, services and other expenses of the Legislative Branch of Government; and for payments to Presidential Electors. The provisions of any other law to the contrary notwithstanding, such payments to Presidential Electors shall be paid from funds provided for the Legislative Branch of Government, and the payment and receipt of such allowances shall not be in violation of any law.

The Legislative Services Committee shall seek to determine ways to effect economies in the expenditure of funds appropriated to the Legislative Branch of Government. The Committee is hereby authorized to promulgate rules and regulations relative to the expenditure of funds appropriated to the Legislative Branch which may include that no such funds may be expended without prior approval of the Committee. The Committee shall also make a detailed study of all items and programs for which payments are made from funds appropriated to the Legislative Branch of Government with a view towards determining which are legitimate legislative expenses and which should be paid from other appropriations.

Section 2. Department of Audits. State Funds Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Real Estate Rental s Per Diem and Fees Contracts Computer Charges Telecommunications Austerity Adjustments
Total Funds Budgeted
State Funds Budgeted

____________

|$

30,302,2761

$

24,867,476

$

838,600

$

500,000

$

0

$

192,390

$

1,113,575

$

203,000

$

0

$

2,228,000

$

359,235

$

0

$

30,302,276

$

30,302,276

32_______GENERAL ACTS AND RESOLUTIONS, VOL. I

PART II

JUDICIAL BRANCH

Section 3. Judicial Branch. State Funds Personal Services Other Operating Prosecuting Attorney's Council Judicial Administrative Districts Payment to Council of Superior Court Clerks Payment to Resource Center Computerized Information Network Austerity Adjustments
Total Funds Budgeted
State Funds Budgeted
Judicial Branch Functional Budgets

Supreme Court

$

Court of Appeals

$

Superior Court - Judges

$

Superior Court - District Attorneys $

Juvenile Court

$

Institute of Continuing Judicial Educations

Judicial Council

S

Judicial Qualifications Commission $

Indigent Defense Council

$

Georgia Courts Automation Commissions

Georgia Office Of Dispute Resolution $

Total

$

|$ 136,885,691

$

17,386,921

$ 117,495,274

$

4,191,771

$

1,939,121

$

48,500

$

800,000

$

628,375

$

(2,559,000)

$^ 139,930,962

$ 136,885,691

Total Funds 8,527,690 S 11,367,428 $
48,130,653 $ 45,556,799 $
1,424,336 $ 1,234,973 $ 13,737,702 $
238,279 $ 7,682,177 $ 1,700,368 $
330,557 $
139,930,962!$

State Funds 7,207,324 11,271,428
48,130,653 44,012,894
1,424,336 1,234,973 13,652,702
238,279 7,682,177 1,700,368
330,557
136,885,691

Section 4. Department of Administrative Services.
A. Budget Unit: State Funds Department of Administrative Services
Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem and Fees Contracts Rents and Maintenance Expense

___________

|$

40,648,727]

$

18,978,286

$

4,839,418

$

288,341

$

20,418

$

150,042

$

3,354,953

$

1,166,069

$

486,786

S

736,181

S

345,435

$

0

GEORGIA LAWS 2003 SESSION

Utilities Payments to DOAS Fiscal Administration Direct Payments to Georgia Building Authority for Capital Outlay Direct Payments to Georgia Building Authority for Operations Telephone Billings Radio Billings Materials for Resale Public Safety Officers Indemnity Fund Health Planning Review Board Operations Payments to Aviation Hall of Fame Payments to Golf Hall of Fame Alternative Fuels Grant State Self Insurance Fund Payments to Georgia Technology Authority Removal of Hazardous Waste Austerity Adjustments
Total Funds Budgeted
State Funds Budgeted
Departmental Functional Budgets

Administration

$

Support Services

$

Statewide Business

$

Risk Management

$

Executive Administration

$

Governor's Small Business Center

$

State Properties Commission

$

Office of the Treasury

$

State Office of Administrative Hearings $

Austerity Adjustments

$

Total

$

$

0

$

0

$

2,350.000

$

1,532,156

$

0

$

0

$

6,014,012

$

445,222

$

33,950

$

47,045

$

72,750

$

398,247

$

0

$

22,026,003

$

98,000

$

(1,359,070)

$ ___62,024,244

$

40,648,727

Total Funds 31,942,809 $ 13,992,244 $ 3,473,850 $ 3,439,857 $
1,502,397 1,056,867 $
653,647 $ 2,663,928 $ 4,657,715 $ (1,359,070) $
62,024,244 $

State Funds 28,971,658
1,239,714 3,444,480
445,222 1,467,986 1,044,170
653,647 387,129 4,353,791 (1,359,070)
40,648,727

B. Budget Unit: State Funds - Georgia Building Authority $

Personal Services

$

Regular Operating Expenses

$

Travel

$

Motor Vehicle Purchases

$

Equipment

$

Computer Charges

$

Real Estate Rentals

$

Telecommunications

$

0
16,605,390 6,148,810
14,800 200,000 250,000 382,000
15,071 281,700

34

GENERAL ACTS AND RESOLUTIONS, VOL. I

Per Diem and Fees Contracts Capital Outlay Utilities Facilities Renovations and Repairs Payments to Department ofPublic Safety Building Access Control
Total Funds Budgeted
State Funds Budgeted
Departmental Functional Budgets

Executive Division

$

Facilities Operations

S

Property Resources

S

Internal Operations

$

Transportation

$

External Operations

$

Total

|$

$ $ $ $ $ S S $
$
Total Funds 2,662,652 $ 26,585,099 $ 7,673,263 $ 1,915,316 $ 3,235,630 S 4,438,381 $
46,510,341 J $

811,689 3,187,705 5,508,583 8,282,914
0 3,151,435 1,670,244 46,510,341
0
State Funds 0 0 0 0 0 0 0

C. Budget Unit: State Funds - Georgia Technology

Authority

|$

0

Personal Services

$

56,046,961

Regular Operating Expenses

S

5,370,000

Travel

S

640,000

Motor Vehicle Purchases

$

0

Equipment

$

468,425

Computer Charges

S

25,712,369

Real Estate Rentals

$

4,117,263

Telecommunications

$

6,000

Per Diem and Fees

$

18,307,086

Contracts

S

3,249,000

Rents and Maintenance Expense

$

0

Telephone Billings

$

85,323,000

Radio Billings

$

501,019

Materials for Resale

$

1,901,830

Transfers to GIS Clearinghouse

S

0

Austerity Adjustments

$

(474,763)

Total Funds Budgeted

| $ 201,168,190

State Funds Budgeted

$

0

Section 5. Department of Agriculture. State Funds Personal Services Regular Operating Expenses Travel

|$

40,039,095

S

34,588,740

$

4,344,894

$

1,069,428

_____________GEORGIA LAWS 2003 SESSION____________35

Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem and Fees Contracts Market Bulletin Postage Payments to Athens and Tifton Veterinary Laboratories Poultry Veterinary Diagnostic Laboratories in Canton, Dalton, Douglas, Oakwood, Statesboro, Carroll, Macon, Mitchell, and Monroe Veterinary Fees Indemnities Advertising Contract Renovation, Construction, Repairs and Maintenance Projects at Major and Minor Markets Capital Outlay Contract - Federation of Southern Cooperatives Boll Weevil Eradication Program Austerity Adjustments
Total Funds Budgeted
State Funds Budgeted
Departmental Functional Budgets

Plant Industry

$

Animal Industry

$

Marketing

$

Internal Administration

$

Fuel and Measures

S

Consumer Protection Field Forces

$

Seed Technology

S

Austerity Adjustments

S

Total

$

$ $ $ $ $ $ $ S
$
$ $ $ $
$ $
$ $ $ $ $
Total Funds 9,082,293 $ 15,789,496 $ 7,993,766 S 8,096,851 $ 0$ 11,833,730 $ 802,790 $ (909,812)$
52,689,114!$

276,255 462,082 664,341 1,208,440 398,176
33,500 1,752,401 1,138,240
3,474,078
2,918,351 142,000 10,000 425,000
653,000 0
40,000 0
(909,812) 52,689,114 40,039,095
State Funds 7,603,119 12,782,361 4,243,766 7,784,851 0 8,534,810 0 (909,812)
40,039,095

Section 6. Department of Banking and Finance.
State Funds Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases

$

10,781,724

$

9,496,764

$

284,269

$

331,853

$

16,500

36______GENERAL ACTS AND RESOLUTIONS, VOL. I_________

Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem and Fees Contracts Austerity Adjustments
Total Funds Budgeted
State Funds Budgeted

$

2,347

$

196,978

$

542,079

$

124,341

$

10,435

$

0

$

(223,842)

"$

10,781,724

$

10,781,724

Section 7. Department of Community Affairs.
State Funds
Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Real Estate Rentals Per Diem and Fees Contracts Computer Charges Telecommunications Capital Felony Expense Contracts for Regional Planning and Development Local Assistance Grants Appalachian Regional Commission Assessment HUD-Community Development Block Pass thru Grants Payment to Georgia Environmental Facilities Authority Community Service Grants Home Program ARC-Revolving Loan Fund Local Development Fund Payment to State Housing Trust Fund Payments to Sports Hall of Fame Regional Economic Business Assistance Grants-GHFA EZ/EC Administration EZ/EC Grants Regional Economic Development Grants Contracts for Homeless Assistance HUD Section 8 Rental Assistance

___________

|$

47,495,116]

$

23,106,385

$

1,979,687

$

611,739

$

0

$

166,022

$

1,488,569

$

980,976

$

714,692

$

573,436

$

536,967

$

0

$

1,921,288

$

16,416,510

$

152,750

$

30,000,000

$

265,000

$

5,000,000

$

2,947,155

$

0

$

238,162

$.

3,056,375

$

800,414

$

4,150,000

$

0

$

0

$

705,094

$

1,250,000

$

50,000,000

GEORGIA LAWS 2003 SESSION

Georgia Regional Transportation Authority GHFA - Georgia Cities Foundation Georgia Leadership Unfrastructure Investment Fund Quality Growth Program Austerity Adjustments
Total Funds Budgeted
State Funds Budgeted
Departmental Functional Budgets
Executive Division Planning and Environmental Management Division Business and Financial Assistance Division Housing Finance Division Finance Division Administrative and Computer Support Division Georgia Music Hall of Fame Division Community Services Division Rural Development Division One Georgia Austerity Adjustments Total

$
$
Total Funds 17,266,869 $
4,428,782 $
38,678,501 $ 9,010,683 $ 7,855,448 $
2,368,029 $ 1,303,148 $ 66,743,084 $ 5,360,516 $
239,902 $ (225,044) $ 153,029,9181$

37
4,498,741 1,000,000
495,000 200,000 (225,044) 153,029,918 47,495,116
State Funds 17,014,834
4,200,706
7,025,143 2,941,752 6,201,448
629,176 804,816 3,541,769 5,360,516
0 (225,044) 47,495,116

Section 8. Department of Community Health. A. Budget Unit: State Funds - Medicaid Services
Tobacco Funds Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem and Fees Contracts Medicaid Benefits, Penalties and Disallowances Audit Contracts Special Purpose Contracts Purchase of Service Contracts Grant in Aid to Counties

[$ 1,676,332,528|

$

18,116,681

$

33,528,994

$

8,676,868

$

388,883

$

0

$

75,136

$

88,551,040

$

1,743,338

$

965,696

$

1,869,021

$ 412,905,707

$ 5,159,934,860

$

1,097,500

$

16,757

$

183,244

$

809,076

38

GENERAL ACTS AND RESOLUTIONS, VOL. I

Health Insurance Payments

S

Medical Fair

S

Loan Repayment Program

$

Medical Scholarships

$

Capitation Contracts for Family Practice Residency

$

Residency Capitation Grants

S

Student Preceptorships

S

Medical Student Capitation

S

Mercer School of Medicine Grant

S

Morehouse School of Medicine Grant

S

SREB Payments

$

Pediatric Residency Capitation

$

Preventive Medicine Capitation

$

Austerity Adjustments

$

Total Funds Budgeted

$

Tobacco Funds Budgeted

$

State Funds Budgeted

S

Departmental Functional Budgets

Commissioner's Office Community Affairs Medicaid Benefits, Penalties and Disallowances Medical Assistance Plans

Total Funds

$

865,526

$

358,312

$ 5,159,934,860 $ S 109,961,364 $

Managed Care and Quality

S 3,772,876 $

Information Technology General Counsel Operations Financial Planning and Fiscal Policy

$ 99,178,008 $ $ 7,746,651 $ $ 6,406,740 $ $ 6,226,101 S $ 3,713,467 $

Minority Health

$

688,861 S

Women's Health

$

Rural Health

S

State Health Benefit Plan

$

Public Employee Health Claims

$

Georgia Board for Physician Workforce $

486,964 $ 3,306,538 S 304,991,665 $ 975,000,000 $ 38,820,027 $

State Medical Education Board

S

Composite Board of Medical Examiners S

1,419,696 $ 2,381,078 $

Austerity Adjustments

$ (1,683,964) $

Total

$ 6,723,574,770 | $

975,000,000 66,000
375,000 748,000 4,012,890 2,136,719 100,000 3,772,911 19,149,098 8,191,183 415,075 440,013 105,725 (1,683,964) 6,723,574,770
18,116,681 1,676,332,528]
State Funds 548,628 179,006
1,609,241,220 10,450,671 1,884,465 16,147,980 3,709,066 2,408,629 2,713,337 2,377,833 470,803 469,727 2,911,007 0 0 38,820,027 1,419,696 2,381,078 (1,683,964)
1,694,449,209

B. Budget Unit: State Funds - Indigent Trust Fund
Per Diem and Fees Contracts Benefits

$ 148,828,8801

$

0

S

8,200,000

$ 360,067,504

_________GEORGIA LAWS 2003 SESSION__________39

Total Funds Budgeted Indigent Trust Fund Budgeted

J __ 368,267,504 ~$ 148^28,880

C. Budget Unit: State Funds - PeachCare for Kids
Tobacco Funds Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem and Fees Contracts PeachCare Benefits, Penalties and Disallowances Austerity Adjustments
Total Funds Budgeted
Tobacco Funds Budgeted State Funds Budgeted

|S

60,873,2261

$

4,970,705

$

373,107

$

165,254

S

45,000

$

0

$

1,155

$

205,000

$

0

$

12,350

$

0

$

8,005,806

$ 222,013,028

$

(49,478)

S 230,771,222

$

4,970,705

$

60,873,226

Section 9. Department of Corrections.
State Funds - Administration, Institutions and Probation Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem and Fees Contracts Capital Outlay Utilities Court Costs County Subsidy County Subsidy for Jails County Workcamp Construction Grants Central Repair Fund Payments to Central State Hospital for Meals Payments to Central State Hospital for

___________

| $ 927,037,519]

$ 578,987,665

$

64,354,214

$

2,030,445

$

1,151,532

S

3,628,659

$

6,232,636

$

7,504,319

S

7,867,619

S

49,000

$

81,934,534

$

0

$

25,874,042

$

1,300,000

$

36,737,700

$

8,621,740

$

0

$

893,624

$

4,268,025

40

GENERAL ACTS AND RESOLUTIONS, VOL. I

Utilities Payments to Public Safety for Meals Inmate Release Fund Health Services Purchases University of Georgia - College of Veterinary Medicine Contracts Minor Construction Fund Austerity Adjustments
Total Funds Budgeted
Indirect DOAS Funding State Funds Budgeted
Departmental Functional Budgets

Executive Operations

$

Administration

$

Human Resources

$

Field Probation

$

Facilities

$

Programs

$

Austerity Adjustments

$

Total

$

$ $ $ $
$ $ $ $ $ $
Total Funds 31,246,133 $ 35,297,197 $
8,812,294 $ 88,425,039 $ 653,349,228 $ 146,523,874 $ (8,277,654) $ 955,376,111!$

1,627,150 577,160
1,345,000 127,465,757
449,944 753,000 (8,277,654) 955,376,111 450,000 927,037,519
State Funds 30,796,133 35,297,197
8,812,294 84,182,792 638,167,092 138,059,665 (8,277,654) 927,037,519

Section 10. Department of Defense.

State Funds

$

Personal Services

$

Regular Operating Expenses

$

Travel

$

Motor Vehicle Purchases

$

Equipment

$

Computer Charges

$

Real Estate Rentals

$

Telecommunications

$

Per Diem and Fees

$

Contracts

$

Capital Outlay

$

Capital Leases

$

Austerity Adjustments

$

Total Funds Budgeted

$

State Funds Budgeted

$

Departmental Functional Budgets

Total Funds

Office of the Adjutant General

$

2,866,951 $

Georgia Air National Guard

$

7,582,167 $

Georgia Army National Guard

$ 34,634,209 $

8,146,887 18,022,071 23,807,148
90,875 0
52,800 123,625 44,010 1,009,973 1,341,895 244,000 337,000
9,930 (171,137) 44,912,190
8,146,887
State Funds 2,480,168 932,779 4,905,077

GEORGIA LAWS 2003 SESSION

Austerity Adjustments Total

$

(171,137) $

$ 44,912,190 $

41
(171,137) 8,146,887

Section 11. State Board of Education.
A. Budget Unit: State Funds -
Department of Education
Tobacco Funds
Operations: Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Real Estate Rentals Per Diem and Fees Contracts Computer Charges Telecommunications Utilities Capital Outlay QBE Formula Grants: Kindergarten/Grades 1-3 Grades 4 - 8 Grades 9- 12 Limited English-Speaking Students Program Alternative Programs Vocational Education Laboratories Special Education Gifted Remedial Education Additional Instruction Staff Development and Professional Development Media Indirect Cost Pupil Transportation Local Five Mill Share Mid-Term Adjustment Reserve Teacher Salary Schedule Adjustment Other Categorical Grants: Equalization Formula Sparsity Grants Special Education Low - Incidence Grants

[ $ 6,001,209,008 [

$

30,000,000

$

42,743,462

$

5,826,351

$

1,386,330

$

0

$

272,631

$

1,148,443

$

4,105,532

$

46,481,143

$

9,755,037

S

930,125

$

796,352

$

30,569,700

$ 1,670,110,038 S 1,518,329,279 $ 731,751,267

$ 59,173,375 $ 67,252,978 $ 184,842,312 $ 720,668,663 $ 160,116,639 $ 23,823,728 $ 47,746,071

$ 29,837,332

$ 144,071,393

$ 888,891,079

$ 164,823,928

$ (1,101,591,195)

S 121,118,343

$

0

$ 273,769,123

$

6,352,443

$

826,722

42_______GENERAL ACTS AND RESOLUTIONS, VOL. I_______

Non-QBE Grants: Next Generation School Grants Youth Apprenticeship Grants High School Program Payment of Federal Funds to Board of Technical and Adult Education Vocational Research and Curriculum Title I-A Improving Basic Programs LEA's Title I-B Even Start Instructional Services for the Handicapped Retirement (H.B. 272 and H.B. 1321) Title VI-A State Assessment Programs Tuition for the Multi-Handicapped PSAT School Eunch (Federal) Joint Evening Programs Education of Homeless Children/Youth Pay for Performance Pre-School Handicapped Program Mentor Teachers Environmental Science Grants Advanced Placement Exams Serve America Program Title IV-A1, Safe and Drug Free Schools School Lunch (State) Charter Schools Refugee School Impact Title V, Innovative Programs State and Local Education Improvement Health Insurance - Non-Cert. Personnel and Retired Teachers Innovative Programs Title II Math/Science Grant (Federal) Migrant Education (State) Regional Education Service Agencies Severely Emotionally Disturbed Georgia Learning Resources System Special Education at State Institutions Byrd Honor Scholarships Title 1-F, Comprehensive School Reform Character Education National Teacher Certification Health Insurance Adjustment Principal Supplements

$

860,000

$

4,209,800

$

56,305,453

$

16,909,425

$

112,907

$ 309,883,868

$

7,021,675

$ 191,495,397

$

5,508,750

$

0

$

1,813,433

$

733,805

S 188,375,722

$

259,313

S

1,546,542

$

7,719,000

$

22,207,231

$

1,212,500

$

97,000

S

2,808,000

$

150,000

$

10,567,629

$

37,934,355

$

8,908,679

$

639,390

$

9,389,202

$

0

$ 107,826,070

$

0

$

0

$

274,395

S

11,903,088

S

66,619,874

$

4,986,505

S

3,895,955

$

1,188,000

$

8,478,748

$

250,000

$

2,398,337

$

0

$

6,925,330

____________GEORGIA LAWS 2003 SESSION___________43

Class Size Reduction Grants For School Nurses Reading Programs Student Testing Internet Access School Improvement Teams Communities in Schools Georgia Learning Connection Knowledge is Power Program Postsecondary Options Title I-C Migrant Education (Federal) Title I-D Neglected and Delinquent Title II-A Improving Teacher Quality Title II-D Enhancing Education Thru Technology Title III-A English Language Title IV-B 21st Century Communication Title VI-B Rural and Low-Income Temporary QBE Reduction Austerity Adjustments

Total Funds Budgeted

Indirect DOAS Services Funding Tobacco Funds Budgeted

State Funds Budgeted

Departmental Functional Budgets

State Administration

$

Student Learning and Achievement $

Governor's Honors Program

$

Quality and School Support

$

Federal Programs

$

Technology

$

Local Programs

$

Georgia Academy for the Blind

$

Georgia School for the Deaf

$

Atlanta Area School for the Deaf

$

Austerity Adjustments

$

Total

$

$ $ $ $ $ $ $ $ $ $ $ $ $
$ $ $ $ $ $ $ $ $ $
Total Funds 14,901,433 $ 28,956,475 $ 1,448,768 $ 8,768,406 $ 11,204,057 $ 18,431,436 $
6,995,589,091 $ 6,203,855 $ 5,990,908 $ 6,857,992 $
(18,378,955) $ 7,079,973,466 i $

0 30,000,000 77,360,892 13,836,059 4,011,690 20,959,228
1,507,086 0
582,000 4,015,000 8,626,018 2,000,255 72,520,695
17,764,034 6,786,358 8,691,764 6,941,585 (134,594,245) (18,378,955) 7,079,973,466
0 30,000,000 6,001,209,008
State Funds 12,871,838 10,553,340
1,371,179 3,294,939
246,877 12,953,101 5,990,272,184 5,940,337 5,564,437 6,519,731 (18,378,955) 6,031,209,008

B. Budget Unit: Lottery for Education Computers in the Classroom Distance Learning - Satellite Dishes Post Secondary Options Educational Technology Centers Assistive Technology Applied Technology Labs

[$________ 0|

$

0

$

0

$

0

$

0

$

0

$

0

44_______GENERAL ACTS AND RESOLUTIONS, VOL. I_______

Financial and Management Equipment Alternative Programs Fort Discovery National Science Center Capital Outlay Learning Logic Sites Student Information System
Total Funds Budgeted
Lottery Funds Budgeted

$

0

$

0

$

0

S

0

S

0

$

0

$__

0

$

0

C. Budget Unit: Office of School
Readiness Pre-Kindergarten - Grants Pre-Kindergarten - Personal Services Pre-Kindergarten - Operations Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Real Estate Rentals Per Diem and Fees Contracts Computer Charges Telecommunications Utilities Capital Outlay Federal Programs Standards of Care Austerity Adjustments
Total Funds Budgeted
Lottery Funds Budgeted
State Funds Budgeted

$

1,275,576

$ 245,057,987

$

1,923,676

$

5,659,478

$

1,196,944

$

36,500

$

50,000

$

0

$

0

S

0

$

5,000

$

0

$

3,000

$

11,000

$

0

$

0

$

75,495,529

S

424,000

$

(26,868)

S 329,836,246

$ 252,641,141

S

1,275,576

Section 12. Employees' Retirement System.
State Funds
Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem and Fees

|$

617,0001

$

3,697,923

$

654,200

$

29,000

$

0

$

12,450

$

1,269,708

$

345,740

$

82,002

$

973,600

_____________GEORGIA LAWS 2003 SESSION____________45

Contracts Benefits to Retirees Austerity Adjustments
Total Funds Budgeted
State Funds Budgeted

$

2,526,000

$

617,000

$

0

$

10,207,623

$

617,000

Section 13. Forestry Commission.
State Funds Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem and Fees Contracts Ware County Grant Ware County Grant for Southern Forest World Ware County Grant for Road Maintenance Capital Outlay Austerity Adjustments
Total Funds Budgeted

$

35,460,912

$

31,626,657

$

5,956,344

$

140,671

$

1,042,852

$

1,662,651

$

357,000

$

11,518

$

993,627

$

9,500

$

574,260

$

60,000

$

28,500

$

0

$

0

$

(746,546)

$

41,717,034

State Funds Budgeted

$

35,460,912

Departmental Functional Budgets
Reforestation Field Services General Administration and Support Austerity Adjustments Total

Total Funds

State Funds

$

2,045,695 $

13,839

$ 36,280,330 $

32,224,219

$

4,137,555 $

3,969,400

$

(746,546) $_____(746,546)

$ 41,717,0341 $

35,460,9121

Section 14. Georgia Bureau of Investigation. State Funds
Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals

$

63,163,029

$

53,441,683

$

7,329,427

$

658,217

$

754,897

$

992,736

$

2,578,794

$

1,202,095

46GENERAL ACTS AND RESOLUTIONS, VOL. I

Telecommunications

S

Per Diem and Fees

S

Contracts

$

Evidence Purchased

S

Capital Outlay

$

Crime Victims Assistance Program

S

Criminal Justice Grants

$

Austerity Adjustments

S

Total Funds Budgeted

~$$~

State Funds Budgeted

Departmental Functional Budgets
Administration Investigative Georgia Crime Information Center Forensic Sciences Criminal Justice Coordinating Council Austerity Adjustments

Total Funds

$

6,206,154 $

$ 31,715,820 $

S 12,427,096 $

S 20,381,885 $

$ 41,039,049 $

$ (1,329,748) $

Total

$ 110,440,256 $

1,409,626 2,676,103 2,596,885
378,908 0
2,500,124 35,250,509 (1,329,748) 110,440,256
63,163,029
State Funds 6,163,729 28,104,779 10,302,777 19,563,866 357,626 (1,329,748)
63,163,029

Section 15. Office of the Governor.
State Funds
Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem and Fees Contracts Cost of Operations Mansion Allowance Governor's Emergency Fund Intern Program Expenses Art Grants of State Funds Art Grants of Non-State Funds Humanities Grant - State Funds Art Acquisitions - State Funds Children and Youth Grants Juvenile Justice Grants Georgia Crime Victims Assistance Program Grants to Local Systems

|$

50,071,579 1

$

22,713,479

$

1,592,886

$

389,115

$

3,300

S

99,485

S

593,210

S

1,303,676

$

811,659

$

2,126,691

S

7,346,497

$

4,825,193

$

40,000

$

9,506,681

$

358,595

$

3,860,577

S

274,194

S

174,256

S

0

S

0

$

0

$

0

$

362,217

GEORGIA LAWS 2003 SESSION

Grants - Local EMA

$

Grants - Other

$

Grants - Civil Air Patrol

$

Registrations

$

Troops to Teachers

$

Flood - Contingency

$

Austerity Adjustments

$

Total Funds Budgeted

$

State Funds Budgeted

$

Departmental Functional Budgets

Total Funds

Governor's Office

$ 14,549,867 $

Office of Equal Opportunity

$

1,103,885 $

Office of Planning and Budget

$ 10,858,482 $

Council for the Arts

$

5,187,583 $

Office of Consumer Affairs

$

4,778,041 $

Child Advocate

$

752,822 $

Human Relations Commission

$

315,896 $

Professional Standards Commission $

8,876,282 $

Georgia Emergency Management Agency $

6,981,650 $

Education Accountability

$

2,348,174 $

Office of the Inspector General

$

422,772 $

Office of Homeland Security

$

257,370 $

Total

$ 56,432,824 $

47
816,714 0
57,000 0
111,930 0
(934,531) 56,432,824
50,071,579
State Funds 14,549,867
800,914 10,858,482 4,478,490 4,210,352
752,822 315,896 8,764,352 2,378,088 2,282,174 422,772 257,370 50,071,579

Section 16. Department of Human Resources.
State Funds
Tobacco Funds
Brain and Spinal Trust Fund 1. General Administration and Support Budget: Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Real Estate Rentals Per Diem and Fees Contracts Computer Charges Telecommunications Special Purpose Contracts Service Benefits for Children Purchase of Service Contracts Major Maintenance and Construction Postage

$ 1,396,402,253

$

47,748,385

$

1,000,000

122,012,285 5,756,380 2,703,368 0 462,147 10,584,263 5,537,496
39,876,746 59,674,696 16,862,994
125,000 0
86,469,732 163,451
2,095,936

48

GENERAL ACTS AND RESOLUTIONS, VOL. I

Payments to DCH-Medicaid Benefits

$

Grants to County DECS - Operations

$

Brain and Spinal Trust Fund Benefits

$

Austerity Adjustments

$

Total Funds Budgeted

$

Indirect DOAS Services Funding

$

Tobacco Funds Budgeted

$

Brain and Spinal Trust Fund

S

State Funds Budgeted

$

Departmental Functional Budgets

Total Funds

Commissioner's Office

$ 1,242,371 $

Office of Planning and Budget Services $

Office of Adoptions

$

Children's Community Based Initiative $

4,188,404 $ 9,825,478 $ 10,181,847 $

Human Resources and Organization

Development

$ 1,341,620 $

Computer Services

$ 74,885,283 $

Technology and Support

S

Facilities Management

$

Regulatory Services - Program Direction

18,104,815 $ 8,881,897 $

and Support

$

Child Care Licensing

$

Health Care Facilities Regulation

$

Office of Investigation

$

Office of Financial Services

$

Office of Audits

$

Human Resource Management

$

Transportation Services

$

Office of Facilities and Support Services $

Indirect Cost

S

Policy and Government Services

S

Aging Services

$

DDSA Council

$

Brain and Spinal Trust Fund Benefits $

979,573 $ 3,772,407 $ 12,330,822 $ 6,687,482 $ 10,327,734 $ 2,772,959 $ 6,785,687 S 20,189,387 $ 18,700,846 $
0S 1,334,534 $ 94,125,737 $ 1,608,994 $ 1,000,000 $

Office of Child Support Enforcement $ 79,422,636 $

Austerity Adjustments

S (1,818,958) $

Total

$ 386,871,555 $

2. Public Health Budget:

Personal Services

S

Regular Operating Expenses

$

Travel

$

Motor Vehicle Purchases

$

Equipment

S

Real Estate Rentals

$

33,961,019 1,555,000 850,000
(1,818,958) 386,871,555
1,754,937 8,278,248 1,000,000 188,257,316]
State Funds 1,242,371 4,159,888 6,328,614 9,906,847
1,341,620 37,122,611 13,678,351 6,704,114
705,060 3,669,538 6,000,157 1,920,957 5,938,024 2,772,959 6,785,687 3,021,004 18,700,846 (16,207,310) 1,334,534 63,578,843
31,498 1,000,000 19,618,309 (1,818,958) 197,535,564
56,686,102 77,499,585
936,467 0
195,367 1,509,862

GEORGIA LAWS 2003 SESSION

Per Diem and Fees Contracts Computer Charges Telecommunications Special Purpose Contracts Purchase of Service Contracts Grant-In-Aid to Counties Postage Medical Benefits Austerity Adjustments
Total Funds Budgeted
Indirect DOAS Services Funding Tobacco Funds Budgeted State Funds Budgeted
Departmental Functional Budgets

District Health Administration

$

Newborn Follow-Up Care

$

Oral Health

$

Stroke and Heart Attack Prevention

$

Sickle Cell, Vision and Hearing

$

High-Risk Pregnant Women and Infants $

Sexually Transmitted Diseases

$

Family Planning

$

Women, Infants and Children Nutrition S

Grant in Aid to Counties

$

Children's Medical Services

$

Emergency Health

$

Primary Health Care

$

Epidemiology

$

Immunization

$

Community Tuberculosis Control

$

Family Health Management

$

Infant and Child Health

$

Maternal Health - Perinatal

$

Chronic Disease

$

Diabetes

$

Cancer Control

$

Director's Office

$

Vital Records

$

Health Services Research

$

Environmental Health

$

Laboratory Services

$

Community Health Management

$

AIDS

$

$ $ $ $ $ $ $ $ $ $ $
$ $ $
Total Funds 13,634,848 $ 5,392,983 $ 2,903,473 $ 2,196,041 $ 7,609,805 $ 5,385,227 $ 3,289,533 $ 11,820,479 $ 85,325,463 $ 71,147,145 $ 13,153,079 S 3,676,641 $ 593,232 $ 4,112,209 $ 1,702,964 $ 5,909,784 $ 2,272,913 $ 988,516 $ 2,811,535 $ 1,639,391 $ 0$ 8,951,621 S 3,091,866 $ 2,264,558 $ 856,370 $ 2,140,668 $ 8,124,485 $ 294,270 $ 22,094,510 $

49
1,093,312 10,772,863
0 1,137,699
292,000 28,820,194 159,968,182
196,235 6,677,725 (1,407,096) 344,378,497
0 25,873,781 170,025,002
State Funds 13,477,280 2,415,625 2,578,298
985,179 6,842,986 5,385,227 1,013,946 4,948,295
0 70,160,594 6,323,767
2,233,293 477,088
3,702,969 0
4,310,823 1,416,761
766,655 1,143,976 1,639,391
0 8,951,621 2,813,800 1,983,776
856,370 1,609,193 7,854,485
294,270 15,232,793

50_______GENERAL ACTS AND RESOLUTIONS, VOL. I

Drug and Clinic Supplies

$

Adolescent Health

$

Public Health - Planning Councils

$

Early Intervention

$

Injury Control

$

Smoking Prevention and Cessation

$

Public Health - Division Indirect Cost $

Austerity Adjustments

$

Total

|$

3. Family and Children Services Budget: Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Real Estate Rentals Per Diem and Fees Contracts Computer Charges Telecommunications Children's Trust Fund Cash Benefits Special Purpose Contracts Service Benefits for Children Purchase of Service Contracts Postage Grants to County DFCS - Operations Austerity Adjustments

Total Funds Budgeted

Indirect DOAS Services Funding Tobacco Funds Budgeted

State Funds Budgeted

Departmental Functional Budgets

Director's Office

S

Social Services

$

Fiscal Management

$

Quality Assurance

$

Community Services

$

Field Management

$

Professional Development

$

Economic Support

$

Child Care and Parent Services

$

Temporary Assistance for Needy Families $

SSI - Supplemental Benefits

$

12,1 52,398 $ 12,670,466 $
78,467 $ 13,074,928 $
355,988 $ 14,069,737 $
0$ (1,407,096) $ 344,378,497 $
$ $ $ $ $ S $ $ $ $ $ $ $ $ $ $ $ $ $
$ $ $
Total Funds 1,079,930 $ 6,685,445 $ 4,638,254 $ 3,844,812 $ 14,224,301 $ 2,885,891 $ 4,321,266 $ 3,070,149 $ 501,837 $
111 ,634,948 $ 0$

4,079,320 2,975,905
60,970 10,482,402
243,983 14,069,737 (4,024,899) (1,407,096) 195,898,783
14,445,243 3,414,939 1,297,817
0 237,019 468,288 6,981,954 7,036,844
0 688,660 7,630,688 120,803,498 7,209,127 455,495,832 31,312,611 2,401,505 385,303,844 (4,500,000) 1,040,227,869
0 3,341,218 438,834,753
State Funds 1,079,930 5,673,404 2,652,425 3,844,812 1,999,818 2,885,891 2,844,956 3,111,388 501,837
51,609,878 0

GEORGIA LAWS 2003 SESSION

Refugee Programs

S 2,795,420 $

Energy Benefits

$ 7,223,130 $

County DFACS Operations - Eligibility $ 116,556,046 $

County DFACS Operations - Social

Services

$ 144,642,681 $

Food Stamp Issuance

$ 3,190,752 $

County DFACS Operations - Homemakers

Services

$ 7,802,877 $

County DFACS Operations - Joint and

Administration

S 90,535,623 $

County DFACS Operations - Employability

Program

$ 26,466,617 $

Employability Benefits

$ 43,105,900 $

Legal Services

S 6,546,322 $

Family Foster Care

$ 68,959,689 $

Institutional Foster Care

$ 38,146,350 $

Specialized Foster Care

$ 21,641,542 $

Adoption Supplement

$ 44,855,747 $

Prevention of Foster Care

$ 15,744,598 $

Troubled Children

$ 61,262,815 $

Child Day Care

$ 180,700,622 $

Special Projects

$ 4,033,617 $

Children's Trust Fund

$ 7,630,688 $

Indirect Cost

S

0$

Austerity Adjustments

$ (4,500,000) $

Total

|$ 1,040,227,869 $

4. Community Mental Health/Mental

Retardation and Institutions:

Personal Services

$

Operating Expenses

$

Motor Vehicle Equipment Purchases

$

Utilities

$

Major Maintenance and Construction

$

Community Services

$

Austerity Adjustments

$

Total Funds Budgeted

$

Indirect DOAS Services Funding

$

Tobacco Funds Budgeted

$

State Funds Budgeted

$

Departmental Functional Budgets
Southwestern State Hospital Augusta Regional Hospital Northwest Regional Hospital at Rome Georgia Regional Hospital at Atlanta

Total Funds $ 31,291,842 $ $ 22,195,904 $ $ 32,863,035 $ $ 40,929,551 $

51
0 0 51,600,228
62,483,698 0
0
43,736,121
10,571,448 10,743,985 2,670,531 38,927,560 17,569,660 16,401,408 25,591,338 2,069,048 33,149,436 56,316,937 3,993,617 7,630,688 (12,984,071) (4,500,000) 442,175,971
296,988,346 58,537,736 200,000 9,483,000 1,991,161
482,197,031 (3,100,000)
846,297,274 0
10,255,138 599,285,182
State Funds 17,942,031 16,488,063 22,547,718 30,168,700

52_______GENERAL ACTS AND RESOLUTIONS, VOL. I________

Central State Hospital

$

Georgia Regional Hospital at Savannah $

Gracewood State School and Hospital $

West Central Regional Hospital

$

Outdoor Therapeutic Programs

$

Community Mental Health Services

$

Community Mental Retardation Services $

Community Substance Abuse Services $

Program Direction and Support

$

Regional Offices

S

Austerity Adjustments

$

Total

ft

Budget Unit Object Classes: Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Real Estate Rentals Per Diem and Fees Contracts Computer Charges Telecommunications Operating Expenses Community Services Case Services Children's Trust Fund Cash Benefits Special Purpose Contracts Service Benefits for Children Purchase of Service Contracts Grant-In-Aid to Counties Major Maintenance and Construction Utilities Postage Payments to DCH-Medicaid Benefits Grants to County DFCS - Operations Medical Benefits Brain and Spinal Trust Fund Benefits Austerity Adjustments
Total Funds Budgeted

Indirect DOAS Services Funding Tobacco Funds Budgeted
Brain and Spinal Trust Fund

State Funds Budgeted

113,908,424 $ 21,697,919 $ 48,373,523 $ 23,951,755 $ 4,264,736 $ 218,620,198 $ 164,851,713 $ 101,419,757 $ 15,203,513 $ 9,825,404 $ (3,100,000)$
846,297,2741 $

65,644,954 17,449,270 20,043,979 19,318,952 3,324,046 205,923,246 130,915,682 48,227,746 8,852,829 5,793,104 (3,100,000)
609,540,320]

$ 490,131,976

S

86,670,904

$

4,937,652

$

200,000

$

894,533

$

12,562,413

$

13,612,762

$

57,686,453

$

59,674,696

$

18,689,353

$

58,537,736

$ 482,197,031

S

0

$

7,630,688

$ 120,803,498

$

7,626,127

$ 455,495,832

$ 146,602,537 $ 159,968,182

$

2,154,612

$

9,483,000

$

4,693,676

$

33,961,019

$ 386,858,844

$

6,677,725

$

850,000

$ (10,826,054) |$ 2,61 7,775,1 95 1

$

1,754,937

$

47,748,385

$____1,000,000

| $ 1,396,402,2531

GEORGIA LAWS 2003 SESSION

Section 17. Department of Industry, Trade and Tourism.

State Funds

$

Tobacco Funds

$

Personal Services

$

Regular Operating Expenses

$

Travel

$

Motor Vehicle Purchases

$

Equipment

$

Computer Charges

$

Real Estate Rentals

$

Telecommunications

$

Per Diem and Fees

$

Contracts

$

Local Welcome Center Contracts

$

Marketing

$

Georgia Ports Authority Lease Rentals

$

Foreign Currency Reserve

$

Waterway Development in Georgia

$

Lanier Regional Watershed Commission

$

Georgia World Congress Center

$

One Georgia Fund

$

Intergovernmental Contract

$

Austerity Adjustments

$

Total Funds Budgeted

$

Tobacco Funds Budgeted

$

State Funds Budgeted

$

Departmental Functional Budgets

Total Funds

Administration Economic Development Trade Tourism

$ 89,836,903 $ $ 9,364,004 $ $ 2,850,492 $ $ 4,984,997 $

Film

$

629,167 $

Austerity Adjustments

$ (612,542) $

Total

|$ 107,053,021 $

Section 18. Department of Insurance.
State Funds
Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals

53

29,001,758

78,051,263

12,930,506 1,120,240
615,806 20,000 62,597 391,336

837,119 442,215 37,200 1,339,286 253,100 9,314,895
0

.

0

50,000

0

0 78,051,263 2,200,000

(612,542)

107,053,021

78,051,263

29,001,758

State Funds 11,785,640 9,364,004 2,850,492 4,984,997
629,167 (612,542)
29,001,758|

16,505,828
15,318,688 702,947 433,030 80,176 20,000 223,000 634,689

54

GENERAL ACTS AND RESOLUTIONS, VOL. I

Telecommunications

$

Per Diem and Fees

S

Contracts

$

Health Care Utilization Review

$

Austerity Adjustments

$

Total Funds Budgeted

$

State Funds Budgeted

$

Departmental Functional Budgets

Total Funds

Internal Administration

$ 5,473,473 $

Insurance Regulation

S 6,098,248 $

Industrial Loans Regulation

$

522,127 $

Fire Safety and Mobile Home Regulations S 4,95 1 ,099 S

Special Insurance Fraud Fund

$

821,239 S

Austerity Adjustments

$ (323,858) $

Total

$ 17,542,328 S

367,614 86,042 0 0
(323,858) 17,542,328
16,505,828
State Funds 5,473,473 6,098,248 522,127 3,914,599 821,239 (323,858) 16,505,828

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

$ 272,089,291

$ 172,569,791

$

15,522,558

S

2,079,741

$

349,143

$

786,688

$

3,561,658

$

3,172,907

$

2,370,598

$

3,878,290

$

5,665,715

$

3,315,142

$

400,000

$

0

S

79,532,255

$

0

$

0

$

0

$

200,000

$

1,687,100

$

(4,825,188)

$ 290,266,398

$ 272,089,291

GEORGIA LAWS 2003 SESSION

Departmental Functional Budgets

Total Funds

Regional Youth Development Centers $ 79, 1 84,3 1 4 $

Youth Development Centers

$ 76,7 1 1 ,2 1 2 $

YDC Purchased Services

$ 24,607,845 $

Court Services

$ 34,645,510 $

Day Centers

$

579,624 $

Group Homes

$ 1,880,403 S

Community Corrections

$ 45,880,657 $

Law Enforcement Office

$ 1,401,903 $

Assessment and Classification

$ 1,007,132 $

Multi-Service Centers

$ 4,262,898 S

Youth Services Administration

$ 18,880,421 $

Office of Training

$ 3,281,593 $

Children and Youth Coordinating Council $ 2,768,074 $

Austerity Adjustments

$ (4,825,188) $

Total

|$_ 290,266,398 $

Section 20. Department of Labor.

A. Budget Unit: State Funds

- Department of Labor

$

Personal Services

$

Regular Operating Expenses

$

Travel

$

Motor Vehicle Purchases

$

Equipment

$

Computer Charges

$

Real Estate Rentals

$

Telecommunications

$

WIA Contracts

$

Per Diem and Fees

S

Contracts

$

W.I.N. Grants

$

Payments to State Treasury

$

Capital Outlay

$

Austerity Adjustments

$

Total Funds Budgeted

$

State Funds Budgeted

$

B. Budget Unit: State Funds - Division Of

Rehabilitation

$

Personal Services

$

Regular Operating Expenses

$

Travel

$

Motor Vehicle Purchases

$

Equipment

$

55
State Funds 77,680,354 74,463,793 23,704,038 30,140,703
579,624 1,880,403 38,884,141 1,401,903 1,007,132 4,172,898 18,859,823 3,281,593
858,074 (4,825,188) 272,089,291
16,303,499 90,267,502
7,405,831 1,481,527
34,858 566,309 2,710,148 2,874,629 2,030,660 54,500,000 2,778,378 1,323,287
0 1,287,478
0 (553,758) 166,706,849
16,303,499
28,316,621 93,663,446 14,003,645
2,054,347 39,095
1,115,890

56

GENERAL ACTS AND RESOLUTIONS, VOL. I

Real Estate Rentals Per Diem and Fees Contracts Computer Charges Telecommunications Case Services Special Purpose Contracts Purchase of Services Contracts Major Maintenance and Construction Utilities Postage Capital Outlay Austerity Adjustments
Total Funds Budgeted
Indirect DOAS Services Funding
State Funds Budgeted
Departmental Functional Budgets

Vocational Rehabilitation Services

$

Business Enterprise Program

$

Administration

$

Disability Adjudication

$

Georgia Industries for the Blind

$

Roosevelt Warm Springs Institute

$

Austerity Adjustments

$

Total

|$

$ $ $ $ $ $ $ $ $ $ $ $ $ $
$ $
Total Funds 87,217,764 $
1,663,761 $ 4,010,337 $ 55,297,080 $ 11,821,908 S 29,739,902 S (1,279,985) $ 1 88,470,767 1 $

6,090,455 7,177,826 4,462,857 2,573,235 3,138,419 41,304,191 1,068,997 12,803,349
0 0 0 255,000 (1,279,985) 188,470,767
100,000 28,316,621
State Funds 18,877,887
360,633 2,532,691
0 722,533 7,102,862 (1,279,985) 28,316,621

Section 21. Department of Law.
State Funds Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem and Fees Contracts Books for State Eibrary Transfer Funds to Governor's Office Austerity Adjustments
Total Funds Budgeted
State Funds Budgeted

|$

14,898,464 1

$

15,179,993

$

705,564

$

181,781

$

0

$

0

$

299,269

$

915,941

$

192,258

$

19,414,422

$

0

$

197,158

$

0

$

(313,862)

$ 36,772,524

$

14,898,464

____________GEORGIA LAWS 2003 SESSION___________57

Section 22. Merit System of Personnel Administration.
State Funds Personal Services Regular Operating Expenses Travel Equipment Real Estate Rents Per Diem and Fees Contracts Computer Charges Telecommunications Payments to State Treasury
Total Funds Budgeted
Federal Funds Other Agency Funds Agency Assessments Deferred Compensation
State Funds Budgeted

[$_________0]

$

8,814,917

$

1,073,018

$

83,213

$

0

$

696,904

$

285,350

$

874,311

$

1,774,772

$

173,863

$____1,901,515

[$

15,677,8631

$

0

$

1,573,733

$

13,176,154

$_____927,976

f$0]

Section 23. Department of Motor Vehicle Safety.
State Funds Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem and Fees Contracts Capital Outlay Motor Vehicle Tag Purchase Post Repairs Conviction Reports Driver's License Processing Postage Investment for Modernization Austerity Adjustments
Total Funds Budgeted
Indirect DOAS Funding
State Funds Budgeted

___________

["$

89,543,3931

$

61,055,181

$

8,072,954

$

465,062

$

332,206

$

345,335

$

12,461,537

S . 2,792,509

$

2,979,499

$

481,198

$

1,318,987

$

0

$

6,892,489

$

0

$

348,651

$

3,459,434

$

750,000

$

0

$

(1,857,756)

$

99,897,286

S

1,960,000

$

89,543,393

58

GENERAL ACTS AND RESOLUTIONS, VOL. I

Departmental Functional Budgets
Administration Operations Enforcement Austerity Adjustments Total

Total Funds S 33,848,830 $ $ 51,834,590 $ S 16,071,622 $ $ (1,857,756) $ $ 99,897,286 $

State Funds 28,562,245 51,834,590 11,004,314 (1,857,756)
89,543,393

Section 24. Department of Natural Resources.
A. Budget Unit: State Funds -
Department of Natural Resources Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Real Estate Rentals Per Diem and Fees Contracts Computer Charges Telecommunications Authority Lease Rentals Advertising and Promotion Cost of Material for Resale Capital Outlay: New Construction Repairs and Maintenance Wildlife Management Area Land
Acquisition Paving at State Parks and Historic Sites Grants: Land and Water Conservation Georgia Heritage 2000 Grants Recreation Contracts: Georgia State Games Commission Payments to Civil War Commission Hazardous Waste Trust Fund Solid Waste Trust Fund Wildlife Endowment Fund Payments to Georgia Agricultural Exposition Authority Payments to Southwest Georgia Railroad Excursion Authority Payments to Mclntosh County

$ 111,298,112

$

90,397,923

$

15,409,186

$

813,926

$

412,765

$

1,582,590

$

3,291,804

$

1,018,551

$

9,425,779

$

730,140

$

1,399,335

$

0

$

725,000

$

1,333,300

$

860,176

$

4,560,913

$

982,330

$

500,000

$

800,000

$

341,000

$

0

$

336,793

$

59,565

$

7,595,077

S

6,132,574

$

0

$

1,839,297

$

493,381

$

100,000

GEORGIA LAWS 2003 SESSION

Payments to Baker County Payments to Calhoun County Payments to Georgia Agrirama Development Authority for operations Community Green Space Grants Austerity Adjustments

Total Funds Budgeted

Receipts from Jekyll Island State Park Authority Receipts from Stone Mountain Memorial
Association Receipts from Lake Lanier Islands
Development Authority Receipts from North Georgia Mountain Authority
Indirect DOAS Funding
State Funds Budgeted

Departmental Functional Budgets
Commissioner's Office Program Support Historic Preservation Parks, Recreation and Historic Sites Coastal Resources Wildlife Resources Environmental Protection Pollution Prevention Assistance Austerity Adjustments

Total Funds

3 3,475,726 $

5 7,508,429 $

3 2,767,742 $

3 41,422,766 $

3 2,609,161 $

3 37,178,564 $

3 54,712,046 $

3

467,633 $

3 (2,032,795) $

Total

3 148,109,272 $

B. Budget Unit: State Funds - Georgia

Agricultural Exposition Authority

Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem and Fees Contracts Capital Outlay Austerity Adjustments

Total Funds Budgeted

State Funds Budgeted

59
31,000 24,000
955,662 (2,010,000) (2,032,795) 148,109,272
840,190
0
1,831,931 1,434,982
200,000 111,298,112
State Funds 3,428,460 7,508,429 2,277,742
20,967,046 2,438,299 31,846,593
44,500,618 363,720
(2,032,795) 111,298,112
0 3,267,771 2,349,303
10,000 0
36,796 20,000
0 80,000 89,167 754,000
0 (38,988) 6,568,049
0

60_______GENERAL ACTS AND RESOLUTIONS, VOL. I_______

C. Budget Unit: State Funds - Georgia Agrirama Development Authority
Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem and Fees Contracts Capital Outlay Goods for Resale Austerity Adjustments
Total Funds Budgeted
State Funds Budgeted

$ "$'"" $ $ $ $ $ $ $ $ $ $ $ $ $
$

0 1,245,057
199,000 5,792 0 7,000 5,792 0 12,000 500
68,768 152,750 120,000 (20,250) _ 1,796,409
0

Section 25. State Board of Pardons and Paroles. State Funds Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem and Fees Contracts County Jail Subsidy Health Services Purchases Austerity Adjustments
Total Funds Budgeted
State Funds Budgeted

___________

[$

48,537,4881

$

40,852,338

$

1,433,825

$

431,800

$

0

$

291,500

$

606,200

$

2,958,373

$

1,065,600

$

523,304

$

740,679

$

617,500

$

20,000

S

(1,003,631)

J___ 48,537,488

$

48,537,488

Section 26. Department of Public Safety.

A. Budget Unit: State Funds - Department of Public

Safety

$

Operations Budget:

Personal Services

$

Regular Operating Expenses

$

Travel

$

Motor Vehicle Purchases

$

81,593,659
71,741,359 8,242,955 105,552 2,876,986

GEORGIA LAWS 2003 SESSION

Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem and Fees Contracts State Patrol Posts Repairs and Maintenance Capital Outlay Conviction Reports Austerity Adjustments
Total Funds Budgeted
Indirect DOAS Service Funding State Funds Budgeted
Departmental Functional Budgets

Administration

3

Field Operations

3

Austerity Adjustments

3

Total

|

B. Budget Unit: State Funds - Units Attached for Administrative
Purposes Only Attached Units Budget:
Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem and Fees Contracts Highway Safety Grants Peace Officers Training Grants Capital Outlay Austerity Adjustments

Total Funds Budgeted

State Funds Budgeted Departmental Functional Budgets

Office of Highway Safety

3

Georgia Peace Officers Standards and

L$I
[T
Total Funds 19,434,616 $ 68,534,783 $ (1,721,055) $ 86,248,344 $
_$_ $ Total Funds 5,755,070 $

61
338,775 974,581 186,443 2,090,791 346,387 464,333
601,237 0 0
(1,721,055) 86,248,344
990,000 81,593,659
State Funds 18,081,366 65,233,348 (1,721,055) 81,593,659
14,946,183
12,126,847 3,607,873
206,762 0
195,046 318,377 317,467 351,950 432,300 541,569 3,575,200 2,058,309
0 (315,510) 23,416,190
14,946,183
State Funds 578,767

62

GENERAL ACTS AND RESOLUTIONS, VOL. I

Training

$

Police Academy

$

Fire Academy

$

Georgia Firefighters Standards and

Training Council

$

Georgia Public Safety Training Facility $

Total

|$

1,460,431 $ 1,997,405 $ 1,223,016 $
475,871 $ 12,504,397 $ 23,416,190 $

1,460,431 1,133,687 1,081,055
475,871 10,216,372 14,946,183

Section 27. Public School Employees' Retirement System.___________

State Funds

|$

4,127,7981

Payments to Employees' Retirement

System

$

593,750

Employer Contributions

$

3,534,048

Austerity Adjustments

$

0

Total Funds Budgeted

$

4,127,798

State Funds Budgeted

$

4,127 J98

Section 28. Public Service Commission. State Funds Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem and Fees Contracts Austerity Adjustments
Total Funds Budgeted
State Funds Budgeted

S

8,820,806|

$

6,821,965

$

250,711

$

111,876

$

22,214

c
4>

15,300

$

208,791

$

511,428

$

124,660

$

628,262

$

582,500

$

(183,590)

$

9,094,117

$

8,820,806

Section 29. Board of Regents, University System of Georgia.
A. Budget Unit: State Funds - Resident
Instruction
Tobacco Funds Personal Services:
Educ., Gen., and Dept. Svcs Sponsored Operations Operating Expenses: Educ., Gen., and Dept. Svcs Sponsored Operations

$ 1 ,444,860,274

$

6,585 ,889

$ 1,760,113,452 $ 424,223,505

$ 451,733,090 $ 854,188,741

GEORGIA LAWS 2003 SESSION

Special Funding Initiative

Office of Minority Business Enterprise

Student Education Enrichment Program

Forestry Research

Research Consortium

Capital Outlay

Austerity Adjustments

Total Funds Budgeted

Departmental Income

Sponsored Income

Other Funds

Indirect DO AS Services Funding

Governor's Emergency Funds

Tobacco Funds Budgeted

State Funds Budgeted

B. Budget Unit: State Funds - Regents

Central Office and Other Organized

Activities

$

Tobacco Funds

$

Personal Services:

Educ., Gen., and Dept. Svcs

Sponsored Operations

Operating Expenses:

Educ., Gen., and Dept. Svcs

Sponsored Operations

Agricultural Research

Advanced Technology Development

Center/ Economic Development

Institute

Seed Capital Fund - ATDC

Capital Outlay

Center for Rehabilitation Technology

SREB Payments

Regents Opportunity Grants

Rental Payments to Georgia Military

College

Direct Payments to the Georgia Public

Telecommunications Commission for

Operations

Public Eibraries Salaries and Operations

Student Information System

Georgia Medical College Health, Inc.

Austerity Adjustments

Total Funds Budgeted

Departmental Income

63
33,765,643 1,138,340 345,833 1,011,627
30,291,698 123,584,731 (29,829,298) 3,650,567,362 132,081,672 1,278,412,246 785,552,781
3,039,500 35,000
6,585,889 1,444,860,274
220,699,465 0
70,959,391
60,237,374 41,101,657
3,103,580
23,067,667 0 0
7,790,087 848,363 548,200
1,735,650
18,565,802 34,755,498
0 35,104,249 (4,228,694) 429,187,554 8,610,113

64_______GENERAL ACTS AND RESOLUTIONS, VOL. I

Sponsored Income Other Funds
Indirect DOAS Services Funding Tobacco Funds Budgeted State Funds Budgeted
Regents Central Office and Other Organized Activities

Marine Resources Extension Center $

Skidaway Institute of Oceanography S

Marine Institute

$

Georgia Tech Research Institute

$

Advanced Technology Development

Center/Economic Development

Institute

$

Agricultural Experiment Station

$

Cooperative Extension Service

$

Medical College of Georgia Hospital

and Clinics

$

Veterinary Medicine Experiment Stations

Veterinary Medicine Teaching Hospital $

Georgia Radiation Therapy Center $

Athens and Tifton Veterinary

Laboratories

$

Regents Central Office

$

Public Libraries

$

State Data Center

$

Austerity Adjustments

$

Total

$

C. Budget Unit: State Funds - Georgia Public Telecommunications

Commission

Personal Services Operating Expenses General Programming Distance Learning Programming Austerity Adjustments

Total Funds Budgeted

Other Funds

State Funds Budgeted

3

124,936,276

C
4*

74,398,200

Cu>

543,500

$

0

$ 220,699,465

Total Funds 2,834,246 $ 6,469,309 $ 1,828,871 $
123,302,969 $

State Funds 1,649,446 1,810,419 1,061,238 9,838,961

23,067,667 $ 78,401,230 $ 62,414,534 $
193,500 $ 3,949,799 $ 7,242,199 $ 3,625,810 $
4,756,657 $ 65,842,622 $ 43,642,427 $
5,844,408 $ (4,228,694) $ 429,187,5541 $

9,944,392 45,959,968 39,320,397
0 3,949,799
542,199 0
102,687 65,720,773 39,333,472
5,694,408 (4,228,694) 220,699,465

___________

|$

0|

$

14,654,631

$

15,671,989

$

4,070,278

$

2,784,685

$

(391,490)

|$

36,790,0931

$

36,790,093

|~$

~0]

D. Budget Unit: Lottery for Education
Equipment, Technology and Construction Trust Fund Georgia Public Telecommunications

|$

21,509,0001

$

12,000,000

GEORGIA LAWS 2003 SESSION
Commission Internet Connection Initiative Special Funding Initiatives Research Consortium - Georgia Research Alliance Equipment - Public Libraries Student Information System Educational Technology Center
Total Funds Budgeted
Lottery Funds Budgeted

Section 30. Department of Revenue. State Funds
Tobacco Funds Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem and Fees Contracts County Tax Officials/Retirement and PICA Grants to Counties/Appraisal Staff Postage Investment for Modernization Homeowner Tax Relief Grants Austerity Adjustments
Total Funds Budgeted
Indirect DOAS Services Funding Tobacco Funds
State Funds Budgeted
Departmental Functional Budgets

Departmental Administration

3

Internal Administration

3

Information Systems

3

Compliance Division

5

Income Tax Unit

3

Property Tax Unit

5

Sales Tax Unit

3

State Board of Equalization

3

$ $
I$ Total Funds 37,966,647
7,987,227 17,097,493 27,826,845 7,427,706 382,317,960 5,722,476
5,000

65
2,000,000 0
7,509,000
0 0 0 0 21,509,000 21,509,000
467,978,662 150,000
61,914,466 4,747,373 1,026,000
53,045 175,384 15,014,862 7,107,067 2,249,299 606,992 1,375,758
4,086,456 0
2,800,655 17,785,550 377,500,000 (1,879,380) 494,563,527 2,545,000
150,000 467,978,6621
State Funds 20,181,097
7,987,227 15,842,493 23,921,082 7,427,706 380,207,825 5,699,833
5,000

66

GENERAL ACTS AND RESOLUTIONS, VOL. I

Taxpayer Accounting Alcohol and Tobacco Austerity Adjustments
Total

$

6,775,576 $

$

3,315,977 $

$ (1,879,380) $

|$ 494,563,527 $

5,575,576 3,010,203 (1,879,380)
467,978,662

Section 31. Secretary of State. A. Budget Unit: State Funds -
Secretary of State Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem and Fees Contracts Election Expenses Capital Outlay Austerity Adjustments
Total Funds Budgeted
State Funds Budgeted
Departmental Functional Budgets

Internal Administration

$

Archives and Records

$

Capitol Education Center

$

Business Services - Corporations

$

Business Services - Securities

$

Elections and Campaign Disclosure $

Drugs and Narcotics

$

State Ethics Commission

$

State Examining Boards

$

Holocaust Commission

$

Austerity Adjustments

$

Total

|$

$ S $ $ $ $ $ $ $ $ $ $ $ $ $
$
Total Funds 5,022,390 $ 6,731,898 $ 416,019 $ 2,045,424 $ 1,976,955 $ 8,296,949 $ 1,386,731 $ 552,127 $ 9,286,195 $ 301,204 $ (699,720) $ 35,316,172 $

34,251,822 19,025,144 4,357,156
401,924 72,492 65,019
3,838,024 4,684,740 1,017,577
171,526 1,792,955
589,335 0
(699,720) 35,316,172
34,251,822
State Funds 4,992,390 6,656,898 416,019 1,306,074 1,926,955 8,276,949 1,386,731 552,127 9,136,195 301,204 (699,720) 34,251,822

B. Budget Unit: State Funds - Real
Estate Commission Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases

$

2,209,171

$

1,489,924

$

145,000

$

47,000

S

0

GEORGIA LAWS 2003 SESSION

Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem and Fees Contracts Austerity Adjustments
Total Funds Budgeted
State Funds Budgeted
Departmental Functional Budgets

Real Estate Commission

3

Austerity Adjustments

3

Total

|$

$
Total Funds 2,209,171 $ (25,000) $ 2,209,171 [ $

Section 32. Soil and Water Conservation Commission.

State Funds

Personal Services

$

Regular Operating Expenses

$

Travel

$

Motor Vehicle Purchases

$

Equipment

$

Computer Charges

cj>

Real Estate Rentals

<r
4>

Telecommunications

t3>

Per Diem and Fees

s

Contracts

$

County Conservation Grants

$

Austerity Adjustments Total Funds Budgeted

$$

State Funds Budgeted

$

Section 33. Student Finance Commission.

A. Budget Unit: State Funds -

Student Finance Commission

Personal Services Regular Operating Expenses

Travel

Motor Vehicle Purchases

Equipment

Computer Charges

Real Estate Rentals

Telecommunications Per Diem and Fees

Contracts

67
12,500 96,747 181,000 84,000 178,000
0 (25,000) 2,209,171 j
2,209,171
State Funds 2,209,171 (25,000) 2,209,171
3,420,462 1,684,267
202,070 36,069
0 23,184 13,478 119,052 40,214 139,438 1,762,645 86,000 (45,550) 4,060,867 3,420,462
39,860,391 561,309 20,140 13,000 0 6,300 12,000 49,615 10,091 11,560 32,118

68

GENERAL ACTS AND RESOLUTIONS, VOL. I

Guaranteed Educational Loans Tuition Equalization Grants Law Enforcement Personnel Dependents' Grants North Georgia College ROTC Grants North Georgia College Graduates
Scholarship Osteopathic Medical Loans Georgia Military Scholarship Grants LEAP Program Governor's Scholarship Program Austerity Adjustments
Total Funds Budgeted
State Funds Budgeted
Departmental Functional Budgets

Georgia Student Finance Authority 3

Georgia Nonpublic Postsecondary

Education Commission

3

Austerity Adjustments

Total

$

B. Budget Unit: Lottery for Education
HOPE Financial Aid - Tuition HOPE Financial Aid - Books HOPE Financial Aid - Fees Tuition Equalization Grants Hope Scholarships - Private Colleges Georgia Military College Scholarship LEPD Scholarship Teacher Scholarships Promise Scholarships Promise II Scholarships Engineer Scholarships Personal Services - HOPE Administration Operating Expenses - HOPE Administration
Total Funds Budgeted

Lottery Funds Budgeted

Total Funds 40,482,126 $
716,133 $ (817,215) $ 40,381,044 $
S

4,260,521 30,044,521
66,313 351,217
22,563 0
508,659 1,534,365 3,693,967 (817,215) 40,381,044 39,860,391
State Funds 39,961,473
716,133 (817,215) 39,860,391 390,887,625 229,273,347 49,006,492 52,776,833
0 42,181,370
808,333 246,024 5,332,698 5,855,278 847,495 760,000
2,059,431
1,740,324 390,887,625 390,887,625

Section 34. Teachers' Retirement System. State Funds Personal Services Regular Operating Expenses

2,670,000 10,495,013
629,344

GEORGIA LAWS 2003 SESSION
Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem and Fees Contracts Employee Benefits Retirement. System Members Floor Fund for Local Retirement
Systems Total Funds Budgeted
State Funds Budgeted

Section 35. Department of Technical and Adult Education. A. Budget Unit: State Funds - Department of Technical _

and Adult Education

[$

Personal Services

$

Regular Operating Expenses

$

Travel

$

Motor Vehicle Purchases

$

Equipment

$

Real Estate Rentals

$

Per Diem and Fees

$

Contracts

$

Computer Charges

$

Telecommunications

$

Capital Outlay

$

Personal Services-Institutions

$

Operating Expenses-Institutions

$

Area School Program

$

Adult Literacy Grants

$

Regents Program

$

Quick Start Program

$

Austerity Adjustments

$

Total Funds Budgeted

$

State Funds Budgeted

$

Departmental Functional Budgets

Administration

$

Institutional Programs

$

Austerity Adjustments

S

Total

|$

Total Funds 8,638,150 $
350,774,698 $ (5,793,954) $
353,618,8941 $

69
26,500 0
35,000 8,010,375
673,770 330,000 737,700
0 0 2,550,000
120,000 23,607,702 2,670,000
277,871,7771 6,457,252 374,330 125,510 0 48,359 588,518 144,671 169,110 614,420 115,980 0
246,352,015 61,245,035
6,398,577 20,008,184
3,621,510 13,149,377 (5,793,954) 353,618,894 277,871,777
State Funds 6,578,362
277,087,369 (5,793,954)
277,871,777]

70

GENERAL ACTS AND RESOLUTIONS, VOL. I

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

|S

0|

$

0

$

0

$

0

S

0

$

0

|$

0

|$

0

Section 36. Department of Transportation.
State Funds
Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem and Fees Contracts Capital Outlay Capital Outlay - Airport Aid Program Mass Transit Grants Harbor Maintenance/Intra-Coastal Waterways Maintenance and Operations Spoilage, Land Acquisition, Clearing and Preparation Contracts with the Georgia Rail Passenger Authority Payments to the State Road and Tollway Authority
Austerity Adjustments Total Funds Budgeted

|$ 667,076,1231

S 262,090,843

$ 79,985,329

$

2,092,445

$

1,810,000

$

7,531,739

$ 12,788,293

$

1,831,320

S

4,872,117

$

7,346,696

$ 48,431,848

$ 1,143,539,698

S

6,943,629

$ 17,582,915

$

721,355

S

0

$

534,012

$ 39,271,138 S____(350,852) | $ 1,637,022,525

State Funds Budgeted

| S 667,076,123

Departmental Functional Budgets Motor Fuel Tax Budget Planning and Construction Maintenance and Betterments Facilities and Equipment

Total Funds

$ 1,327,840,508 $

$ 232,949,280 $

$

17,250,694 $

State Funds 377,400,221 228,365,141
16,750,694

____________GEORGIA LAWS 2003 SESSION___________1\_

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

$

27,334,330 $ 26,430,580

|S 1,605,374,8121 $ 648,946,636]

$

0$

0

$

0$

0

$

0$

0

$

3,169,943 $

2,512,148

$

28,107,267 $ 15,246,836

$

721,355 $

721,355

$_____(350,852) $____(350,852)

|S

31,647,7131S 18,129,487]

Section 37. Department of Veterans Service.

___________

State Funds
Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem and Fees Contracts Operating Expense/Payments to Medical College of Georgia Capital Outlay WWII Veterans Memorial Regular Operating Expenses for Projects and Insurance

| $ 22,049,8001

$

6,038,004

$

420,437

$

154,602

$

0

$

105,822

$

6,361

$

219,148

$

90,660

$

24,500

$ 17,631,444

$

7,904,063

$

0

$

0

$_____187,444

Total Funds Budgeted

| $ 32,782,485

State Funds Budgeted

[ $ 22,049,800

Departmental Functional Budgets
Veterans Assistance Veterans Nursing Home-Augusta Total

Total Funds

S

24,878,422 $

$____7,904,063 $

ft

32,782,4851 $

State Funds 17,126,329 4,923,47'1
22,049,800]

Section 38. Workers' Compensation Board.
State Funds Personal Services Regular Operating Expenses Travel

__________

| $ 13,744,2291

$ 10,098,171

$

470,115

$

140,600

72_______GENERAL ACTS AND RESOLUTIONS, VOL. I_______

Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem and Fees Payments to State Treasury Austerity Adjustments
Total Funds Budgeted
State Funds Budgeted

$

0

$

44,048

$

261,976

$

1,337,338

$

187,828

$

145,100

$

1,423,053

$_________0

f$ 14,108,2291

$ 13,744,229

Section 39. State of Georgia General Obligation

Debt Sinking Fund.

A. Budget Unit: State of Georgia General Obligation

Debt Sinking Fund

State General Funds (Issued)

$

543,737,331

Motor Fuel Tax Funds (Issued)

$_____51,000,000

fl

594,737,3311

B. Budget Unit: State of Georgia General Obligation

Debt Sinking Fund

State General Funds (New)

$

30,683,970

Motor Fuel Tax Funds (New)

$____________0

g

30,683,9701

Section 40.

Provisions Relative to Section 3, Judicial Branch.

The appropriations in Section 3 (Judicial) of this Act are for the cost of operating the Supreme Court of the State of Georgia, including salaries and retirement contributions for Justices and the employees of the Court, including the cost of purchasing and distributing the reports (decisions) of the appellate courts to the Judges, District Attorneys, Clerks, and others as required by Code Section 50-1831, and including Georgia's pro rata share for the operation of the National Center for State Courts; cost of operating the Court of Appeals of the State of Georgia, including salaries and retirement contributions for judges and employees of the Court; cost of operating the Superior Courts of the State of Georgia, including the payment of Judges' salaries, the payment of mileage authorized by law and such other salaries and expenses as may be authorized by law; for the payment of salaries, mileage and other expenses as may be authorized by law for District Attorneys, Assistant District Attorneys and District Attorneys Emeritus; for the cost of staffing and operating the Prosecuting Attorneys' Council created by Code Section 15-18-40, the Sentence Review Panel created by Code Section 17-10-6, the Council of Superior Court Judges, and the Judicial Administrative Districts created by Code Section 15-5-2, for the latter of which funds shall be allocated to the ten administrative districts by the Chairman of the Judicial Council; cost of operating

_____________GEORGIA LAWS 2003 SESSION____________73
the Council of Juvenile Court Judges created by Code Section 15-11-4; cost of staffing and operating the Institute of Continuing Judicial Education and the Georgia Magistrate Courts Training Council created by Code Section 15-10-132; cost of operating the Judicial Council of the State of Georgia, the Administrative Office of the Courts, the Board of Court Reporting of the Judicial Council, the Georgia Courts Automation Commission and the Office ofDispute Resolution, and for payments to the Council of Magistrate Court Judges, the Council of Probate Court Judges and the Council of State Court Judges.

Section 41. Provisions Relative to Section 4, Department of Administrative Services.

It is the intent of the General Assembly that all futui'c purchases of radio and V

related equipment must be compatible with the 800 mhz system. Purchases must b

-

approved by the Office of Planning and Budget and the Department of o g,

rYuniimstiati vc

Provided, that the department shall provide a consolidated report to the General Assembly by December 31, 2002 of all vehicles purchased or newly leased during Fiscal Year 2002.

Notwithstanding any provision of the law to the contrary, in managing any of the self-insurance funds or insurance programs which are the responsibility of the commissioner of administrative services, including but not limited to those established pursuant to OCGA 45-9-1 et.seq., 50-5-1 et.seq., 50-16-1 et.seq. and 50-21-20 et.seq., the commissioner of administrative services may, subject to the approval of the Office of Planning and Budget, transfer funds between any such self-insurance funds or insurance programs.

Section 42.

Provisions Relative to Section 7, Department of Community Affairs.

rTOVldCu, tiTHt TTTC ittllQS clpprcpri 3.ICJ HCICHI CO TuC vjCOl'^lcl t-11V1FO11111CHlcll ^

I'ctcilitics /VutnOiity for !O3.ns slidH DC 3.v3.il3,uic^ioi" 1101111113.1 or 110 interest io<ins to * ' <$

,

.

C/3 <->-> <-+

COUritlCS, 1T1U111C113cllltlCS, IGvcir vVclTCr \)I SC\VCi cHitiiOliilCSj" "DOctrclS Or pOlllICcll ^ [^ ^

subdivisions CTCcitccl Dy tnc ocncr<ii Asscnioiy^or pursuant to~ tnc v-onstitution 3-nu o

I3\vs or Trie srstc 101 eiiicrCiicy~i.\rpc \V3.iCi cirict scvver urojc. cLS.

L*J

Provided, that from the appropriation made above for "Local Assistance Grants", specific, mandatory appropriations pursuant to O.C.G.A. 50-8-8(a) are made as follows:

If a local assistance grant above incorrectly identifies the local government recipient for the stated purpose, then the intended recipient is the local government entity with responsibility for the purpose.

74

GENERAL ACTS AND RESOLUTIONS, VOL. I

If a local assistance grant above states an ineligible purpose, the intended purpose is eligible activity of the stated recipient with substantially similar character.

Where a local assistance grant states that it is for the operation of a private program or a private entity, the intent is that the local government recipient contract for services of such a nature from the private entity.

If a local assistance grant states that it is for the purchase of property for a private entity or for the improvement of property of a private entity, the intent is that recipient contract for services of the private entity using the property.

m

o

H3
OO

f*^
fNn'

%D- .

idcdr

, that tin

Regional Development Center from the

Coiiti-ac

ittr UuUl of $70,034 for

vjp\*i auiii^ v^AjjwI^va.

Recipient

Description

Amount

Georgia Mountain RDC Water Planning S

45,000

Americus Sumnter Construction of restrooms and concession

County Recreation stand at recreation/soccer fields for

Authority

Americus/Sumnter County Recreation

Authority

$

40,000

Athens/Clark

Contract with Food Bank of Northeast

County

Georgia for food distribution in

Athens/Clark County

$

10,000

Athens/Clark

Contract with Grand Slam Program in

County

Athens/Clarke County

$

5,000

Athens/Clark

Contract with Hancock Community

County

Development in Athens/Clarke County

$

10,000

Athens/Clarke Purchase a van for resident transportation

County

need at Lanier Gardens/Talmadge Terrace in

Athens/Clarke County

$

25,000

Athens/Clarke Contract with Athens Tutorial Program for

County

after-school tutorial and enrichment program

in Athens/Clarke County

$

10,000

Athens/Clarke Funding for the Non-profit Community

County

Children's Chorus at the University of

Georgia in Athens/Clarke County

$

15,000

Athens/Clarke Roof repair at building housing Kelley

County

Diversified, Inc. in Athens/Clarke County $

20,000

Athens/Clarke Provide for project Safe Campuses Now in

County

Athens/Clarke County

$

30,000

Atkinson County Chain link fencing and security gates for

Board of Education playground at Willacoochee Elementary and

fencing for the new high school in Atkinson

County

$

4,500

Atkinson County Provide lighting for parking lot at new high $

10,000

____________GEORGIA LAWS 2003 SESSION___________75

Board of Education school in Atkinson County

Atkinson County Courthouse parking lot expansion,

Commission

courtroom renovation and farmers' market in

Atkinson County

$

Augusta/Richmond Contract for services with the Augusta Mini

County

Theater, Inc. in Augusta/ Richmond County $

Augusta/Richmond Program enhancements for the Augusta

County

Players in Augusta/Richmond County

$

Augusta/Richmond Planning money for railroad track removal

County

in downtown Augusta

$

Augusta/Richmond Contract for services with Harrisburg

County

Neighborhood Association for food and

essentials for the needy in

Augusta/Richmond County

$

Augusta/Richmond Construct playground for disabled children

County

in Central Savannah River Area for the

Rachel Longstreet Foundation in

Augusta/Richmond County

$

Augusta/Richmond Exhibition improvements and expansion of

County

education programs at the Augusta Museum

of History

$

Augusta/Richmond Contract for services with the Beyond The

County

Ark Outreach Services B.T.A. in

Augusta/Richmond County

$

Augusta/Richmond Expand operation of the Augusta/Richmond

County

County Animal Control

$

Augusta/Richmond Technology computer center within the

County

Barton Village Community in

Augusta/Richmond County

$

Augusta/Richmond Contract for services with Augusta

County

African/American Historical Community in

Augusta/Richmond County to identify

historical locations

$

Augusta/Richmond Contract for services with Shiloh

County

Comprehensive Community Center in

Augusta/Richmond County

$

Augusta/Richmond Contract for services with Beulah Grove

County

Community Resource Center in

Augusta/Richmond County

$

Augusta/Richmond Contract services with Augusta/Richmond

County

Opportunities in Augusta/Richmond County $

Augusta/Richmond Contract for services with Neighborhood

County

Improvement Programs in

Augusta/Richmond County

$

Augusta/Richmond Contract for services with Lucy Craft Laney

County

Museum in Augusta/Richmond County $

10,000 50,000 25,000 50,000
35,000
25,000 15,000 10,000 15,000 10,000
10,000 5,000 10,000 5,000 5,000 5,000

76

GENERAL ACTS AND RESOLUTIONS, VOL. I

Augusta/Richmond Contract for services with Good Hope Social

County

Services Ministries for after-school

enrichment and tutorial programs in

Augusta/Richmond County

Augusta/Richmond Contract for services with CSRA

County

Transitional Center, Inc. for programs to

combat juvenile delinquency in

Augusta/Richmond County

Augusta/Richmond Contract for services with New Savannah

County

Road Social Services in Augusta/Richmond

County

Augusta/Richmond Construction cost of The Theater in

County

Augusta/Richmond County

Avondale Estates Renovate Boy Scout's building in the City of

Avondale Estates

Bacon County Purchase 4-H equipment and supplies for

Bacon County Extension Service

$

Bacon County Improvements at Bacon County Recreation

Department

Baker County Contract with Georgia Empowerment and

Resource Services, Inc. to promote growth

and development of business in Baker

County

Baker County Support for Baker Elementary PTA in Baker

Board of

County

Education

Baldwin County Purchase Thermal Imaging Camera

equipment for use by Baldwin County Fire

Department

Baldwin County Purchase digital mapping system for

Baldwin County

Baldwin County Continuation of Office of Solicitor General's

victim assistance programs in Baldwin

County

Baldwin County Funds for Baldwin/Oconee River Greenway

Project in Baldwin County

Baldwin County Fund the Victims Assistance Program in

Baldwin County

Baldwin County Funding for programs at the Boys and Girls

Club of Baldwin and Jones Counties

Banks County Purchase of used van for the Banks County

Senior Center

Banks County Design health services for senior citizens in

Commission Banks County

5,000
10,000
40,000 50,000 10,000 2,000 5,000
10,000
2,000
10,000 20,000
5,000 10,000 15,000 5,000 20,000 15,000

GEORGIA LAWS 2003 SESSION

Banks County Purchase band uniforms for the Banks

Board of

County High School

Education

Bartow County Provide funding for programs and initiatives

at Bartow Collaborative, Inc. in Bartow

County

:

Bartow County Purchase equipment for Bartow County Fire

Department

!

Bartow County Improvements to Stilesboro Academy for

Commission

the Bartow County Commission

!

Berrien County Permanently mounted bleachers for Berrien

County Recreation Complex

I

Bibb County

Contract for services with The Mentors

Project of Bibb County, Inc.

!

Bibb County

Contract for services with Macon/Bibb

County Health Department for HIV/AIDS

education and prevention

!

Bibb County

Improvements to three regional co-ed soccer

fields in Bibb County

!

Bibb County

Contract for services with Adopt-A-Role

Model in Bibb County

!

Bibb County

General operation of the Harriet Tubman

Museum in Bibb County

!

Bibb County

Contract for services with the Middle

Georgia Council on Drugs in Bibb County !

Bibb County

General operation of The Hay House in Bibb

County

!

Bibb County

Contract for services with the Ruth Mosely

Center in Bibb County

I

Bibb County

Funding for Kings Park Literacy program in

Bibb County

!

Bibb County Board Enhancements for school band and fine arts

of Education program at Central High in Bibb County !

Bibb County Courts Contract for services with Macon/Bibb

County Teen Court, Inc.

I

Bleckley County Athletic improvements for Bleckley County

Board of Education High School

!

Bleckley County Bleckley County Development Authority

Development

Construction Project

Authority

Bleckley County Provide funding for records management

software in Bleckley County

Brantley County Contract for services with Brantley County

Historical Society for operation of

library/museum

77
30,000
13,000 13,000 4,000 20,000 10,000
15,000 25,000 50,000 100,000 20,000 50,000 50,000
5,000 25,000 10,000 10,000
25,000 25,000
5,000

78

GENERAL ACTS AND RESOEUTIONS, VOE. I

Brantley County Purchase of uniforms and equipment for the

Board of Education Brantley County High School

$

Brantley County Brantley County Intergovernmental

Relations Office

$

Brantley County Brantley County travel expense fund

$

Brooks County Bridges of Hope in Brooks County

$

Brooks County Purchase technology lab equipment for

Board of Education Brooks County High School

$

Bryan County Flooring for the Pembroke Public Library in

Bryan County

$

Bulloch County Development and construction of athletic

Board of Education fields in Bulloch County

$

Bulloch County Development of nature trails and elevated

Board of Education boardwalks at Mill Creek Regional Park in

Bulloch County

$

Bulloch County Resurface asphalt track at Southeast Bulloch

High School in Bulloch County

$

Burke County Contract for services with CSRA-

EOA/Burke County Head Start for Reading

Readiness Program and children's library in

Burke County

$

Candler County Implement 911 emergency system in

Candler County

$

Carroll County Establish a symphony orchestra in Carroll

County

$

Carroll County Remodeling, expanding and upgrading the

Carroll County Agriculture Education

Center

$

Carroll County Outdoor lighting system for Bowdon High

Board of

School in Carroll County

Education

$

Charlton County Purchase recreation equipment for Charlton

County

$

Chatham County Contract for services with the Community

Cardiovascular Council, Inc. in Chatham

County

$

Chatham County Expand the kitchen for the Meals on Wheels

Program at Senior Citizens, Inc. of

Savannah in Chatham County

S

Chatham County Provide for Head Start Program classroom

for the City of Savannah

$

Chatham County Restoration and repair of the Greenbriar

Children's Center, Inc. in Chatham County $

Chatham County Implementation of the Food and Butter Cafe

for Second Harvest Food Bank of Georgia in

Chatham County

$

5,000 5,000 5,000 10,000 30,000 5,000 10,000
10,000 10,000
5,000 25,000 25,000
20,000
56,600 5,000
10,000
50,000 10,000 35,000
25,000

GEORGIA LAWS 2003 SESSION

Chatham County Contract for services with Coastal

Association of Retarded Citizens in

Chatham County

$

Chatham County Contract for services with the Community

Cardiovascular Council, Inc. in Chatham

County

$

Chatham County Contract for services with the Anderson

Cohen Weight Lifting Center to provide

specialized weight lifting equipment for

severely disabled athletes in Chatham

County

$

Chatham County Construction of monument to the African-

American heritage in Chatham County

$

Chatham County Enrich and enhance instructional programs

Board of Education at the Massie School in the City of Savannah $

Chatham County Provide funding for the Chatham/Effingham

Library in Chatham County

$

Chatham County Westside Community Center in Chatham

Commission Chattahoochee

County

$

Purchase furniture, equipment and supplies

County Board Of for Chattahoochee County Board Of

Education

Education

$

Chattahoochee Preservation of an authentic Confederate

County

uniform in Chattahoochee County

Commission Chattahoochee

$ Construct city/county park walking trail and

County

improvements in Chattahoochee County

Commission

$

Chattooga County Repair and renovate Chattooga County

Government Buildings, Chattooga County

Library and Chattooga County Civic Center $

Chattooga County Contract for services with The Children's

Advocacy Center of Lookout Mountain

Judicial Circuit in Walker County

$

Cherokee County Library materials and expenses for Cherokee

County

$

City of Abbeville Funding for renovations made to the old

auditorium building used by the Arts

Council in Wilcox County

$

City of Acworth Renovations of Historic House at Logan

Park Horse Farm in the City of Acworth $

City of Adairsville Purchase a garbage truck for the City of

Adairsville

$

City of Alamo Purchase of a sewer jet machine for the City

of Alamo

S

City of Alamo Fire station construction in City of Alamo $

79
20,000 25,000
25,000 20,000 15,000 23,740 100,000 25,000 25,000 7,500 12,500 10,000 50,000 10,000
5,000 30,000 10,000 20,000

80

GENERAL ACTS AND RESOLUTIONS, VOL. I

City of Albany City of Albany
City of Albany
City of Albany City of Albany
City of Albany City of Albany City of Alma City of Ambrose City of Andersonville City of Arabi City of Aragon City of Arlington City of Ashburn
City of Athens
City of Athens City of Atlanta City of Atlanta
City of Atlanta

Funding for HAVN local nonprofit

organization in the City of Albany

$

Contract for services with Mt. Olive

Outreach for tutorial programs in the City of

Albany

$

Contract for services with Union Outreach

Mission for health care for underprivileged

in the City of Albany

$

Contract for services with Slater King Adult

Day Care in the City of Albany

$

Contract for services with East Albany

Service League, Inc. for services to

underprivileged in the City of Albany

$

Provide university program speakers at

Albany State University

$

Roof replacement for the Thronateeska

Heritage Center in the City of Albany

S

Improvement for Martin Luther King Park in

the City of Alma

$

Purchase playground equipment for park in

the City of Ambrose

$

Repair drainage problems at Pioneer Farm

tourist attraction in the City of Andersonville

$

Maintenance and repairs for community

service projects in the City of Arabi

$

Recreation improvements for the City of

Aragon

$

Build a city/county volunteer firehouse in

the City of Arlington

$

Purchase playground equipment for

recreation area in West Ashburn in the City

of Ashburn

$

Economic revitalization and direct

public/private partnership initiatives in the

City of Athens

$

Contract with Creative Visions for Saturday

enrichment programs in City of Athens $

Funds to feed and shelter homeless at

Jericho Rd Project in the City of Atlanta $

Contract for services with Southwest YMCA

for the Brother to Brother and Sisters Only

program in City of Atlanta

$

Develop Total Wellness Program at Vine

City Health and Housing Ministry in the

City of Atlanta

$

3,000
20,000
15,000 20,000
20,000 7,500 15,000 10,000 10,000
20,000 12,000 25,000 7,000
15,000
10,000 10,000 15,000
50,000
15,000

City of Atlanta
City of Atlanta Board of Education City of Atlanta City of Atlanta City of Atlanta
City of Atlanta
City of Atlanta
City of Atlanta
City of Atlanta
City of Atlanta City of Atlanta
City of Atlanta
City of Atlanta City of Atlanta
City of Atlanta
City of Atlanta

GEORGIA LAWS 2003 SESSION

Contract with Pittsburg Community Improvement Assn. for housing improvement and economic development in the City of Atlanta After-school program at Joe E. Brown Middle School in the City of Atlanta

Renovation of the Active Oval in Piedmont

Park in the City of Atlanta

Provide for revitalization of Reynoldstown

Community in the City of Atlanta

Purchase vehicle to transport program

recipients for Antioch Urban Ministries in

the City of Atlanta

S

Contract for services with Senior Citizens

Services Center for adult day care in the

City of Atlanta

Child care program and classroom

conversion at the Butler St YMCA/Westside

Branch in the City of Atlanta

Contract for services with the Georgia

Citizen Coalition on Hunger in the City of

Atlanta

Contract for services with Trinity House for

services to homeless men in the City of

Atlanta

Fund a littoral shelf for the lake at Piedmont

Park in the City of Atlanta

Contract with Kids in Discovery of Self to

maintain office and staff to continue and

promote organization in the City of Atlanta

Contract for services with David T. Howard

National Alumni Assn. for substance abuse

program in "Old Fourth Ward" in the City of

Atlanta

Contract for services with Cascade Job

Training Initiative in the City of Atlanta

Contract for services with Community Care,

Inc. for social service programs to children

and youth in the City of Atlanta

Purchase workshop materials, transportation

and personnel for Nonprofits, Inc. in the

City of Atlanta

Purchase materials at A. D. Williams

Elementary School for the City of Atlanta

81
30,000
20,000 20,000 15,000 20,000 52,500 1 5,000 25,000 25,000 10,000 25,000
25,000 1 5,000
30,000
25,000 1,000

82

GENERAL ACTS AND RESOLUTIONS, VOL. I

City of Atlanta Purchase materials for Alfred Blalock

Elementary School in the City of Atlanta $

City of Atlanta Purchase materials at Peyton Forest

Elementary School for the City of Atlanta $

City of Atlanta Purchase materials at Jean Childs Young

Middle School in the City of Atlanta

$

City of Atlanta Purchase materials at Margaret Fain

Elementary School for the City of Atlanta $

City of Atlanta Purchase materials at Frederick Douglass

High School for the City of Atlanta

$

City of Atlanta Funds for materials at D. M. Therrell High

School for the City of Atlanta

$

City of Atlanta Purchase materials at Henry McNeal Turner

Middle School for the City of Atlanta

$

City of Atlanta Purchase materials at Fickett Elementary

School for the City of Atlanta

$

City of Atlanta Purchase materials at Leonora P. Miles

Elementary School for the City of Atlanta $

City of Atlanta Purchase materials for Collier Heights

Elementary School in the City of Atlanta $

City of Atlanta After-school and weekend program for at-

risk children in the City of Atlanta

$

City of Atlanta Funding for materials at L. O. Kimberly

Elementary School for the City of Atlanta $

City of Atlanta Provide funding for Chess Club Program at

Board of Education George A. Townes Elementary School for

the City of Atlanta

$

City of Atlanta Funding for the purchase of materials at

Beecher Hills Elementary School for the

City of Atlanta

$

City of Atlanta Purchase materials at West Fulton Middle

School for the City of Atlanta

$

City of Atlanta Funding for materials at Harper-Archer High

School in the City of Atlanta

$

City of Atlanta Funding for Boyd Clinic in the City of

Atlanta

$

City of Atlanta Funding for activities at Adamsville

Elementary School in the City of Atlanta $

City of Atlanta Purchase materials for Grove Park

Elementary School in the City of Atlanta $

City of Atlanta Purchase materials at F. L. Stanton

Elementary School for the City of Atlanta $

City of Atlanta Purchase materials and supplies for

Southside Cultural Awareness for the City

of Atlanta

$

1,000 1,100 1,500 1,000 10,000 4,000 2,500 1,000 1,000 1,200 10,000 1,000
1,100
1,000 1,500 1,500 1,500 1,500 1,200 1,200
6,000

City of Atlanta
City of Atlanta City of Atlanta City of Atlanta City of Atlanta City of Atlanta Public Schools City of Atlanta City of Atlanta City of Atlanta City of Atlanta City of Atlanta City of Atlanta City of Atlanta City of Atlanta City of Atlanta City of Atlanta City of Atlanta City of Atlanta City of Atlanta City of Atlanta City of Atlanta City of Atlanta

GEORGIA LAWS 2003 SESSION
Funding for materials and supplies at the Cascade Leadership Institute in the City of Atlanta Purchase materials at Anderson Park Elementary School for the City of Atlanta Purchase materials at Morris Brandon Elementary School for the City of Atlanta Renovation of Ferber Cottage at Morris Brown College in the City of Atlanta Purchase materials at Margaret Mitchell Elementary School for the City of Atlanta Upgrade playground equipment and drainage problem at Mary Lin Elementary School in the City of Atlanta Funding for materials at Carter G. Woodson Elementary School for the City of Atlanta Purchase materials at Clara Maxwell Pitts Elementary School for the City of Atlanta Funding for materials at Benjamin E. Mays High School for the City of Atlanta Funding for study of tourism in the City of Atlanta Purchase materials at West Manor Elementary School for the City of Atlanta Funding for materials at Oglethorpe Elementary School for the City of Atlanta Funding for materials at Continental Colony Elementary School for the City of Atlanta Construction of the Progressive Hope House in the City of Atlanta Funding for materials at William J. Scott Elementary School for the City of Atlanta Improvements to Iverson Park in the City of Atlanta Funding for materials at Warren T. Jackson Elementary School for the City of Atlanta Purchase materials at Walter F. White Elementary School for the City of Atlanta Repair patient elevator at Southwest Hospital in the City of Atlanta Purchase materials at Bazoline E.Usher Middle School in the City of Atlanta Support Metro Atlanta and statewide arts programming Renovate Candler Park bathhouse in the City of Atlanta

83
20,000 1,500 1,000
125,000 1,000
30,000 1,000 1 ,000 4,000
20,000 1,000 1,500 1 ,000
25,000 1 ,000
15,000 1,000 1 ,000
150,000 2,500 15,000 50,000

84

GENERAL ACTS AND RESOLUTIONS, VOL. I

City of Atlanta Simpson Road House of Hope for

contractual services in the City of Atlanta $

City of Atlanta Plant trees and cleanup graffiti in the Old

Fourth Ward Neighborhood in the City of

Atlanta

$

City of Atlanta Clark Atlanta University Youth Music in the

City of Atlanta

S

City of Atlanta Contract for services with West Fulton

Family Support Center in the City of Atlanta $

City of Atlanta Bureau of Cultural Affairs for after-school

cultural program in the City of Atlanta

$

City of Atlanta Aid in renovation of Slaton Elementary

School in the City of Atlanta

$

City of Atlanta- Contract for services with Cascade United

DCA

Methodist Community Outreach Program in

the City of Atlanta

$

City of Augusta Expansion of Shirley Badke Retreat for

families of burn patients in the City of

Augusta

$

City of Austell Funds for roof repairs for Austell City Hall $

City of Austell Replace existing roof on Austell City Hall $

City of Avera

Equipment purchases for the City of Avera $

City of Avondale Improvements at Lake Avondale and

Estates

construction of walkway over dam in the

City of Avondale

$

City of Baconton Purchase of benches and landscaping of

grounds for historic Victorian home owned

by the City of Baconton

$

City of Bainbridge Construction of handicap accessible

sidewalks in the City of Bainbridge

$

City of Bainbridge Purchase playground equipment for

recreation program in the City of Bainbridge S

City of Blackshear Purchase equipment for multi-purpose

facility in the City of Blackshear

$

City of Blairsville Restoration of City Hall in the City of

Blairsville

$

City of

Improvements to the drainage at Taylor

Bloomingdale Park, upgrade the sprinkler system of the

football field and construct a 150'

baseball/softball field

S

City of Boston Fund the Streetscape Project in the City of

Boston

$

City of Braselton Homeland Security funds for the City of

Braselton

$

28,000
4,800 15,000 10,000 25,000 4,500
50,000
10,000 25,000 25,000
6,000
25,000
7,500 10,000 15,000 5,000 10,000
25,000 25,000
5,000

GEORGIA LAWS 2003 SESSION

City of Bremen Funding for band and athletic facility

improvements at the City of Bremen High

School

$

City of Bremen Recreation funds for the City of Bremen $

City of Brooks Recreation projects for the City of Brooks $

City of Broxton Funding for maintenance equipment for

parks and streets in the City of Broxton $

City of Brunswick Purchase a new snorkel for the City of

Brunswick

$

City of Brunswick Fire department improvement and

equipment for the City of Brunswick

$

Haralson County Contract services for Haralson County

Library

$

City of Buchanan Purchase equipment for the recreational

department in the City of Buchanan

$

City of Buchanan Recreation funds for the City of Buchanan $

City of Byron Repair old Byron gymnasium in the City of

Byron

$

City of Cairo

Replacement of marquis on Zebulon Theater

in the City of Cairo

$

City of Cairo

Operation of theater in the City of Cairo $

City of Camilla Welcome Center renovation for the City of

Camilla

$

City of Camilla Continued renovation of Historic Depot

project for the City of Camilla

$

City of Canon Renovation and equipment for the City of

Canon City Hall

S

City of Cartersville Funds to renovate baseball field and

complex at the City of Cartersville High

School

$

City of Cave Spring Maintenance, operations and renovation of

Fannin Hall administration building for the

Fannin Campus in the City of Cave Springs $

City of Cedartown Purchase lighting system for the City of

Cedartown Civic Auditorium

$

City of Cedartown Purchase lighting for the Cedartown

Auditorium

$

City of Centerville Renovation to the current police station in

the City of Centerville

$

City of

Renovations to the downtown area of

Chickamauga Chickamauga for a Beautification Project $

City of Clarkston Contract for services with KHADIJALAND,

Inc. for cultural exchange program

$

City of Clarkston Start up of a multi-cultural youth soccer

league for the City of Clarkston

$

85
13,000 20,000 15,000 15,000 30,000 50,000 50,000 5,000 20,000 20,000 10,000 10,000 15,000 10,000 5,000
40,000
30,000 21,000 25,000
5,000 15,000 10,000 10,000

86

GENERAL ACTS AND RESOLUTIONS, VOL. I

CityofClarkston Renovations to school in the City of

Clarkston

CityofClarkston Beautification project for the City of

Clarkston

City of Clayton Contract with Native American Warrior

Society for aid to all disabled veterans and

low income families in the City of Clayton

City of Cobbtown Renovations and new equipment for city

recreation park in the City of Cobbtown

City of Cochran Airport improvements in the City of

Cochran

City of Collins Purchase fire truck for the City of Collins

City of Colquitt Contract with Colquitt Miller Arts Council

for cultural programs in City of Colquitt

City of Colquitt Complete renovation of tennis courts at

recreational complex in the City of Colquitt

City of Columbus Fund personal development/career

enhancement programs in the City of

Columbus

City of Columbus Funding for community programs at South

Westview Against Drugs in the City of

Columbus

City of Columbus Fund a non-profit educational and personal

development program in the City of

Columbus

City of Columbus Funding for Community Alliance

Organization which implements programs

for the underprivileged in the City of

Columbus

City of Columbus Assist non-profit organization providing

housing for low to moderate income families

and individuals in the City of Columbus $

City of Columbus Establishment of City of Columbus

community center resources

City of Commerce Purchase surveillance system for the City of

Commerce High School

$

City of Concord Install early weather warning system for the

City of Concord

City of Concord Purchase Jaws of Life and 2 defibrillators

for the City of Concord

City of Conyers Renovation of historic Bald Rock Church

building in the Georgia International Horse

Park in the City of Conyers for use as a

community center

City of Covington Purchase voice stress analyzer tester for the

City of Covington Police Department

10,000 10,000
10,000 5,000 10,000 10,000 25,000 20,000
20,000
15,000
40,000
30,000
47,000 5,000 15,000 12,000 15,000
20,000 10,000

GEORGIA LAWS 2003 SESSION

City of

Renovation of city hall and welcome center

Crawfordville

in the City of Crawfordville

$

City of Dallas Improvements to park in the City of Dallas $

City ofDalton Funding for the North West Georgia Girl's

Home operating expenses in the City of

Dalton

$

City of Darien Contract for services with the Howard

Genesis House, Inc. for services to homeless

women in the City of Darien

$

City of Darien Renovate the upper level of the City Hall

building in the City of Darien

$

City of Dawson Computers and playground equipment for

the City of Dawson

$

City of Dawson Heating, air conditioning and rewiring of

historic Carnegie Library in the City of

Dawson

$

City of Decatur Recondition bicycles and build yellow bike

stations for public use in City of Decatur $

City of Doerun Purchase land for City of Doerun Fire

Department

$

City of Doerun Construction of a chain link fence around

electric sub-station in the City of Doerun $

City of

Sidewalk improvements in the City of

Donalsonville Donalsonville

$

City of Douglas Purchase equipment for the City of Douglas

Police Department

$

City of Douglas Purchase portable speed detector for the City

of Douglas Police Department

S

City of Dublin Operational funding for welcome center in

City of Dublin

$

City of Dublin Stabilize the historic Fred Roberts Hotel

building which house Laurens County

Senior Center in City of Dublin

$

City of Dudley Volunteer fire department equipment for the

City of Dudley

$

City of Dudley Funding for centennial celebration in the

City of Dudley

$

City of East Point Contract for services with the East Point

Police Athletic League for at-risk youth

programs in the City of East Point

$

City of East Dublin Four tennis courts at Warnock Park in City

of East Dublin

$

87
10,000 18,000
20,000
20,000 60,000 10,000
10,000 5,000 10,000 7,500 10,000 3,000 3,000 5,000
5,000 5,000 2,500
25,000 10,000

GENERAL ACTS AND RESOLUTIONS, VOL. I

City of East Point Contract for services with Women's

Employment Opportunity Project for

computer literacy tennis courts and walking

trails program in the City of East Point

$

City of Eastman Building project for Eastman Developmental

Authority

$

City of Eatonton Renovation of the historic Madison Avenue

School in the City of Eatonton

$

City of Emerson Renovation of municipal building in the City

of Emerson

S

City of Euharlee' Recreation and park improvements for the

CityofEuharlee

$

City of Fairburn Purchase athletic equipment, uniforms and

banquet trophies for the City of Fairburn $

City of Fitzgerald Construct a walking trail for senior citizens

in the City of Fitzgerald

S

City of Flemington Construct sidewalks near Joseph Martin

Elementary School in City of Flemington $

City of Flovilla Assist with cost of fence around City of

Flovilla cemetery

$

City of Flovilla Recreation park development for the City of

Flovilla

$

City of Flovilla Provide fire and rescue equipment for City

of Flovilla Fire Department

$

City of Folkston Promote tourism and downtown

revitalization in the City of Folkston

$

City of Forest Park Prepare a vehicle free pathway between the

recreation center and the senior center in the

City of Forest Park

$

City of Fort Valley Refurbish old school bus for the Boys and

Girls Club in City of Fort Valley

$

City of Fort Valley Assist in the renovation of the old theater

building in the City of Fort Valley

$

City of Fort

Provide funding for renovations to historic

Oglethorpe

band stand in the City of Fort Oglethorpe $

City of Fort Valley Community revitalization project for the

City of Fort Valley

$

City of Franklin Professional service to codify City

Springs

ordinances in the City of Franklin Springs S

City of Gainesville Improvements to athletic fields at Memorial

Park Road campus of Boys and Girls Club

of Gainesville

$

City of Glennville Purchase lights for softball field in City of

Glennville

$

City of Glennville Upgrade equipment and park areas for the

City of Glennville Recreation Department $

20,000 25,000 15,000 28,000 20,000 25,000 10,000 30,000 10,000 5,000 10,000 5,000
25,000 12,000 25,000 15,000 12,000 5,000
10,000 10,000 3,000

___________GEORGIA LAWS 2003 SESSION____________89

City of Gordon Construction and landscape of a city park in

the Town of Gordon

$

City of Gough Contract with Gough Improvement Assn.,

Inc. for renovation of community center in

City of Gough

$

City of Greensboro Contract for services with Greensboro

Downtown Development in the City of

Greensboro

$

City of Guyton Fund restoration of recreation gym for the

CityofGuyton

$

City of Guyton City of Guyton gym renovation to heating

and air conditioning

$

City of Hahira Purchase of books and research resources

for the Hahira Public Library in City of

Hahira

$

City of Hampton Construction of softball field in the City of

Hampton

$

City of Harlem Purchase equipment for the Harlem

Volunteer Fire Department in the City of

Harlem

$

City of Hartwell Complete the Hartwell Conference Center

Recreation

for the City of Hartwell Recreation

Department

Department

$

City of

Maintenance and operation of the Opera

Hawkinsville

House in City of Hawkinsville

$

City of

Maintenance and operation of the M.E.

Hawkinsville

Rhoden Library in the City of Hawkinsville $

City of Helena Provide handicapped access for railroad

station in the City of Helena

$

City of Hinesville Construct a new fire station in the City of

Hinesville

$

City of Hinesville Provide funding for the 11 Black Men of

Liberty County educational programs for the

City of Hinesville

$

City of Hinesville Contract for services with Eleven Black

Men of Liberty County, Inc. in the City of

Hinesville

$

City of Hoboken Recreation park improvements for the City

ofHoboken

$

City of Homeland Improvements to City of Homeland

recreation department walking track and

ballfields

$

City of Homerville Expansion of softball field in City of

Homerville

$

City of Homerville Restoration of the Homer Maddox home in

the City of Homerville

$

5,000
10,000
10,000 5,000 20,000
5,000 15,000
5,000
75,000 10,000 12,000 10,000 9,000
10,000
5,000 5,000
5,000 10,000 30,000

90

GENERAL ACTS AND RESOLUTIONS, VOL. I

City of Ideal City of Jackson City of Jakin City of Jesup City of Jonesboro City of Jonesboro City of Kennesaw City of Kennesaw City of Kennesaw
City of Keysville
City of Keysville City of Kingston City of Kite City of LaFayette City of LaFayette City of Lake City City of Lakeland City of Lakeland City of Lavonia City of Lavonia City of Leary City of Leesburg

Purchase new water well for the City of

Ideal

$

Purchase of fire and rescue equipment in the

City of Jackson

$

Construct stage adjoining the gazebo in the

Jakin Park in the City of Jakin

$

Improvements to McMillan Greenway Park

in the City of Jesup

$

Provide for a family park and sidewalk

construction in the City of Jonesboro

$

Provide for family park, walking track and

restrooms in City of Jonesboro

S

Construction of pedestrian crossing under

CSX Railroad in the City of Kennesaw

S

Funds for expansion of historic museum in

the City of Kennesaw

$

Parking improvements and installation of

underground utilities at Cauble/Acworth

Beach in the City of Kennesaw

$

Contract for services with Beyond The Ark

Outreach Ministries, Inc. for programs and

services in City of Keysville

$

Improvements to City of Keysville City Hall S

Improvements to city park, recreation and

museum in the City of Kingston

$

Improvements and equipment for recreation

complex in the City of Kite

$

Piping and grading for drainage in the City

of LaFayette

$

Historic Monument in the City of LaFayette $

Recreation enhancements in Lake City

$

Training equipment for the City of Lakeland $

Creation of pedestrian bridge at Lake Erma

in City of Lakeland

$

Purchase radio equipment for City of

Lavonia Police Department

S

Lighting and fencing for the city park in City

of Lavonia

$

Purchase of playground equipment for the

City of Leary

$

Weather alert system for the City of

Leesburg

$

15,000 10,000 6,000 5,000 10,000 15,000 5,000 35,000
10,000
15,000 15,000 20,000 5,000 15,000 15,000 25,000 8,000 10,000 12,000 20,000 5,000 20,000

GEORGIA LAWS 2003 SESSION

City of Lenox Remodel restrooms of the RESA facility in

the City of Lenox

$

City of Lilburn Preservation and improvement of the

community's green space and downtown

revitalization program in the City of Lilburn $

City of Lithonia Restore or replace the recreational facilities

at the existing city park in City of Lithonia $

City of Loganville Main Street downtown sidewalk renovation

project in the City of Loganville

$

City of Ludowici Purchase a police car for the city of

Ludowici

$

City of Lyons Paving for additional parking spaces at the

Lyons Recreation Department in City of

Lyons

$

City of Macon Funds for walking trails, picnic areas at the

Freedom Park Complex in the City of

Macon

$

City of Macon Provide funds for sterilization program at the

City of Macon's Animal Shelter

$

City of Macon Contract for services with Middle Georgia

Tennis Academy for after school tennis and

tutorial program in the City of Macon

$

City of Macon Funding for the Bartlett Crossing Literacy

and gang prevention program in the City of

Macon

$

City of Macon Provide funds for the Mosely Women's

Center for operations in the City of Macon $

City of Macon Funding for the Tubman African American

Museum expansion project in the City of

Macon

$

City of Macon Provide funds for the Museum of Arts and

Sciences in the City of Macon

$

City of Marietta Support "Gone with the Wind" Movie

Memorabilia Museum in the City of

Marietta

$

City of Marietta Purchase and install security cameras in

Board of

Marietta Middle School

Education

City of McDonoughPurchase Breathing Air Compressor for City

of McDonough Fire Department

City of McRae Purchase playground equipment for park in

the City of McRae

City of Meansville Construction of building to house fire truck

for the City of Meansville

City of Meigs Construct a walking track in the City of

Meigs

91
15,000
10,000 5,000 5,000 10,000
5,000
25,000
5,000
20,000
5,000 50,000
50,000 50,000
10,000
20,000
15,000
15,000 10,000
10,800

92

GENERAL ACTS AND RESOLUTIONS, VOL. I

City of Menlo Improvements to sidewalks, streets, and park

in City of Menlo

$

City of Metter Implementation of 91 1 service in the City of

Metter/Candler County

$

City of Midville Contract for services with the Midville

Community Development and Outreach

Center in the City of Midville

$

City of Milan

Renovations to City of Milan Community

Center

$

City of

Funding for the Baldwin/Oconee River

Milledgeville

Greenway Project in the City of

Milledgeville

$

City of

Purchase Case 590 backhoe for the City of

Milledgeville

Milledgeville

$

City of

Purchase generator for the City of

Milledgeville

Milledgeville

$

City of

Funding to automate meter reading system

Milledgeville

in the City of Milledgeville

$

City of

Funds for programs at Boys and Girls Club

Milledgeville

in the City of Milledgeville

$

City of

Purchase chemical protective suits for the

Milledgeville

City of Milledgeville Fire Department

$

City of Mitchell Funds to complete City of Mitchell Depot

Restoration Project

$

City of Montezuma Assist in reroofing Montezuma City Hall $

City of Montezuma Replace roof of Montezuma City Hall

$

City of Monticello Provide partial funding for playground

equipment at Funderburg Park in the City of

Monticello

$

City of Monticello Funding for the City of Monticello's

Funderburg Park Project

$

City of Montrose Purchase equipment for the volunteer fire

department in the City of Montrose

$

City of Morgan Provide funding for park restroom facilities

in the City of Morgan

$

City of Mount Central heating and air conditioning for the

Vernon

Northside Community Center project in the

City of Mount Vernon

$

City of Nahunta Construction improvement and equipment at

City Hall in the City of Nahunta

$

City of Nashville Completion of phase 2 universally

accessible playground in the City of

Nashville

S

City of Newnan Purchase of hazardous material equipment

for City of Newnan Fire Department

$

20,000
10,000
10,000 10,000
10,000 30,000 30,000 8,000 6,000 11,000 20,000 20,000 40,000
8,000 8,000 5,000 5,000
5,000 10,000
20,000 5,000

GEORGIA LAWS 2003 SESSION

City ofNewnan City ofNewnan City of Norman Park City of Norman Park CityofOcilla CityofOdum City of Oxford City of Palmetto City of Patterson City of Patterson City of Pearson City of Pearson CityofPelham City of Pembroke City of Pembroke City of Pembroke City of Perry
City of Perry City of Pine Lake City of Pine Lake City of Pine Lake

City of Newnan Downtown Economic

Development Project

$

Achievers International Programs in the City

ofNewnan

$

Purchase police department K-9 vehicle for

the City of Norman Park

$

Replace tanker truck tank for the Norman

Park Volunteer Fire Department in the City

of Norman Park

$

Repair poor acoustics in the Community

House at the City of Ocilla

$

Purchase equipment for the City of Odum $

Enhancement of city park adjacent to City

Hall in the City of Oxford

$

Provide recreation equipment for the City of

Palmetto

$

Funds to pay for clean up of hazardous spill

in City of Patterson

$

Purchase office equipment for the City of

Patterson

$

Safety and facility enhancement for

sports/recreation in City of Pearson

$

Purchase street and road maintenance

equipment for the City of Pearson

$

Purchase of van for first respondent fire

fighters in CityofPelham

$

Provide funding for old jail restoration in the

City of Pembroke

$

Old Jail Welcome Center restoration in the

City of Pembroke

$

Restore the interior of the historic downtown

theater in the City of Pembroke

$

Provide funds to Upton Perry Partnership for

the Big Indian Creek Development in the

City of Perry

$

Replacement and installation of ballfield

lighting at Rozar Park in the City of Perry $

Repairs to City Hall and paving of parking

lot in the City of Pine Lake

$

Purchase maintenance equipment for the

City of Pine Lake

$

Purchase equipment,software and provide

training for GCIC compliance in the City of

Pine Lake

$

93
20,000 20,000 10,000
10,000 10,000 5,000 6,000 10,000 10,000 5,000 12,000 5,000 15,000 10,000 10,000 10,000
50,000 50,000 20,000 15,000
15,000

94_______GENERAL ACTS AND RESOLUTIONS, VOL. I_______

City of Pinehurst City of Pineview
City of Pitts City of Plains City of Plains City of Portal City of Poulan City of Quitman City of Quitman City ofReidsville City ofReidsville City of Richland City of Richland City of Riverdale City of Rochelle City of Rochelle City of Rockmart City of Rockmart City of Rockmart City of Rome City of Rome City of Rome City of Rome

Purchase a maintenance truck for the City of

Pinehurst

$

Purchase water tank, pump house and a

building for the City of Pineview Fire

Department

$

Repair of gymnasium floor in recreation

complex in the City of Pitts

$

Repairs to City of Plains wastewater

treatment plan

$

Refurbishment of railcar for the City of

Plains

S

Purchase and renovate community center for

City of Portal

$

Purchase fire and safety equipment for the

CityofPoulan

$

New gym floor for the City of Quitman

Recreation Department

$

Athletic equipment for the City of Quitman

Recreation Department

$

Purchase fire truck for City of Reidsville $

Plan and upgrade airport facilities in City of

Reidsville

$

Provide funding for the downtown Street

Scape Project for the City of Richland

$

Renovations of downtown City of Richland

for the Street Scape Project

$

Funds to purchase playground equipment in

theCityofRiverdale

$

Removal of abandoned hazardous tank

located in the center of the City of Rochelle $

Purchase van for senior citizen center in the

City of Rochelle

$

Purchase equipment for the City of

Rockmart Civic Auditorium

$

Improvements to the little league field and

equipment in the City of Rockmart

$

Purchase equipment for the City of

Rockmart Fire Department

$

Funding for sewer installation in the City of

Rome

$

Repairs to Rome Little Theater in the City of

Rome

S

Purchase a handicap van for the Network

Day Service Center in the City of Rome $

Restoration funds for the Historic Clock and

Tower in the City of Rome

$

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

GEORGIA LAWS 2003 SESSION

City of Rome Contract for services with National Creative

Society for children's service programs in

City of Rome

$

City of Rome

Funds for after-school mentoring program

for 100 Black Men of Rome

$

City of Rossville Downtown development in the City of

Rossville

$

City of Sale City Purchase required computer software for the

uniform chart of accounts for Sale City $

City of Sandersville Funding for improvements to the City of

Sandersville Recreation Department

$

City of Sardis Purchase surveillance cameras for the City

of Sardis Police Department

$

City of Savannah Purchase supplies, tools and books for

renovation projects at St. Paul Technical

Center in the City of Savannah

$

City of Savannah Recreational/neighborhood improvements

for the East Savannah Community

Association in the City of Savannah

$

City of Savannah Recreational/neighborhood improvements

for Midtown Neighborhood Association in

the City of Savannah

$

City of Savannah Recreational/neighborhood improvements

for Nottingham Park Community

Association in the City of Savannah

$

City of Savannah Contract for services with Alpha Kappa

Alpha Sorority in the City of Savannah for

after-school and pregnancy prevention

programs

$

City of Savannah Contracts for services with Greenbriar

Children's Center, Inc. in the City of

Savannah for capital improvements on

campus

$

City of Savannah Provide funds for the Community Change

for Youth Development (CCYD) program in

the City of Savannah

$

City of Savannah Renovation and construction of residential

cottages at Greenbriar Children's Center in

the City of Savannah

$

City of Savannah Renovations to the drivers' license facility in

the City of Savannah

$

City of Savannah Savannah Association for the Blind

$

City of Screven Equipment purchase for the City of Screven $

City of Shellman Renovation to the health clinic in the City of

Shellman

$

95
20,000 10,000 15,000 6,750 10,000 5,000
10,000
5,000
10,000
10,000
7,000
10,000
54,480
40,000 270,000 20,000
5,000 10,000

96

GENERAL ACTS AND RESOLUTIONS, VOL. I

City of Smyrna Complete Veterans' Memorial in the City of

Smyrna

City of Social

Refurbish concession stand building and

Circle

pavilion at Stephens Park in the City of

Social Circle

City of Soperton Provide funding for construction of

commuter parking lot in the City of

Soperton

City of Soperton Renovation of recreation park facilities in

the City of Soperton

City of Stillmore Beautification project in the City of

Stillmore

City of Stockbridge Park improvements in the City of

Stockbridge

City of Stone

ART Station program in the City of Stone

Mountain

Mountain

City of Stone

Purchase equipment and software for the

Mountain

City of Stone Mountain

City of Stone

Contract for services with ART Station, Inc.

Mountain

in the City of Stone Mountain for facility

renovation

City of

Purchase of AED for the City of

Summerville

Summerville Fire Department

City of Swainsboro Downtown development for the City of

Swainsboro

City of Swainsboro Renovations to City of Swainsboro City Hall

City of Swainsboro Repairs, renovations and equipment for

Emanuel County Arts Center in the City of

Swainsboro

City of Swainsboro Improvements to recreation complex in City

of Swainsboro

City of Swainsboro Repairs, renovations and supplies for animal

shelter in City of Swainsboro

City of Sycamore Improve lots and deteriorating buildings in

the City of Sycamore

City of Sylvania Renovation of community center for the City

of Sylvania

City of Sylvania Repair to community center in the City of

Sylvania

City of Sylvester Renovation and improvements to Jeffords

Park in the City of Sylvester

City ofTalbotton Smith Hill Community Improvement Project

and realignment of Smith Hill

Road/Highway 80 intersection in the City of

Talbotton

35,000
5,000
15,000 15,000 2,500 40,000
25,000 25,000
10,000 3,500
20,000
10,000
5,000 15,000 5,000 10,000 10,000 35,000 10,000
10,000

GEORGIA LAWS 2003 SESSION

CityofTalbotton Landscaping and park equipment for Kiddie

Park in the City of Talbotton

City of Tallapoosa Recreation funds for the City of Tallapoosa

City of Tallapoosa Purchase equipment for Haralson County

Historical Museum in the City of Tallapoosa

City of Tallapoosa Funds to construct a flag pole at the Scout

House in the City of Tallapoosa

CityofTallulah Repair and correct water lines in the City of

Falls

Tallulah Falls

City of Temple Recreation department projects for the City

of Temple

City of Tennille Funding for improvements to recreation

facilities in the City of Tennille

City of Tennille Equipment purchase for the City of Tennille

City of Thunderbolt Purchase First Response Vehicle for the

Medical Emergency Program for the City of

Thunderbolt Fire Department

City of Thunderbolt Contract for services with the Thunderbolt

Museum Society in the City of Thunderbolt

City of Tifton Construction of water line in the City of

Tifton

City of Tifton Repairs, improvements and equipment for

historic downtown Tift Theater in City of

Tifton

City of Tifton Utility project for the City of Tifton

City of Twin City Purchase of equipment for fire department in

the City of Twin City

City of TyTy Improvements to central city park area in the

City of TyTy

City of Tybee Construction of a pedestrian park in the City

Island

of Tybee Island

City of Tybee Tybee Island Recreation Feasibility Study

Island

City of Unadilla Renovation of old city buildings on Front

Street in downtown City of Unadilla

City of Valdosta Maintenance and repairs for

Valdosta/Lowndes County Arts Commission

City of Valdosta Repairs to Lowndes County Historical

Society

City of Valdosta Purchase furniture, equipment and supplies

for Southside Library in Valdosta

City of Valdosta Contract for services with the Valdosta Food

Bank

City of Valdosta Contract with Valdosta Boys and Girls Club

for after school programs in the City of

Valdosta

97
5,000 20,000 5,000 2,000 10,000 10,000 10,000 5,000
20,000 10,000 15,000
5,000 36,000 10,000
5,000 35,000 25,000 15,000
5,000 3,000 5,000 10,000
5,000

98

GENERAL ACTS AND RESOLUTIONS, VOL. I

City of Valdosta Community Based Children's Advocacy

Center in the City of Valdosta

$

City of Valdosta Contract with LAMP, Inc. to provide

transitional housing program for women and

children in the City of Valdosta

$

City of Valdosta Renovation to City of Valdosta's Oldest

House, the Robert House

$

City of Valdosta Purchase books and equipment for the South

Georgia Regional Library in the City of

Valdosta

$

City of Vidalia Improvements to walking trail at the Ed

Smith Complex in Vidalia County

$

City of Villa Rica Recreation department projects for the City

of Villa Rica

$

City of Wadley Equipment purchase for the City of Wadley

Volunteer Fire Department

$

City of Wadley Purchase truck and equipment for the City of

Wadley

$

City of Wadley Purchase a trash truck for the City of

Wadley

$

City of

Purchase supplies for the Walthourville

Walthourville Summer Enrichment Program in the City of

Walthourville

$

City of Warner Operation of the Air Force Museum in the

Robins

City of Warner Robins

$

City of Warwick Purchase radio and law enforcement

equipment for police vehicles for the City of

Warwick

$

City of Washington Contract for services with

Washington/Wilkes Family Connection for

Jump Start Early Intervention Program in the

City of Washington

$

City of

Landscape the Hershel B. Harris Garden and

Watkinsville

Harris Shoals Park in the City of

Watkinsville

$

City of Waycross Renovations and restoration to the Ritz

Theater in the City of Waycross

$

City of Waycross Purchase computers for the Drug Action

Council's Weed and Seed Program in City of

Waycross

$

City of WaynesboroReplace and purchase new playground

equipment, computer and educational

materials for the Childcare Center in City of

Waynesboro

$

City of

Purchase playground equipment for the city

Willacoochee Kiddie Park in the City of Willacoochee $

10,000 5,000 15,000 20,000 5,000 10,000 5,000 10,000 4,000 7,300 90,000 5,000
10,000 5,000 10,000 2,500
5,000 10,000

GEORGIA LAWS 2003 SESSION

City of Woodland Safety improvements to City Park in the

City of Woodland

City of WrightsvilleImprovements to West View Cemetery in

the City of Wrightsville

City of Wrightsville Purchase equipment for fire department in

the City of Wrightsville

City Of Cave

Funding for street and sewer construction in

Springs

the City of Cave Springs

City Of White Purchase volunteer fire department supplies

for the City of White

Clark County

Northeast Georgia Regional Center for

Independent Living in Clark County

Clay County

Planning, mapping, addressing, and

implementing of enhanced 911 system in

Clay County

Clayton County Athletic equipment, fine arts program and

Board of

band programs for North Clayton High in

Education

Clayton County

$

Clayton County Athletic equipment, fine arts program and

Board of

band programs for Church St Elementary in

Education

Clayton County

Clayton County Athletic equipment, fine arts program and

Board of

band programs for Oliver Elementary in

Education

Clayton County

Clayton County Athletic equipment, fine arts program and

Board of

band programs for Northcutt Elementary

Education

School in Clayton County

Clayton County Athletic equipment, fine arts program and

Board of

band programs for North Clayton Middle

Education

School in Clayton County

Clayton County Athletic equipment, fine arts program and

Board of

band programs for West Clayton Elementary

Education

School in Clayton County

Clayton County Support school operation resources for

Board of

Robert Smith Elementary PTA for Clayton

Education

County

Clayton County Support school operation resources for

Board of

McGarrah Elementary PTA in Clayton

Education

County

Clayton County Support resources for the school operation

Board of Education for M.D. Roberts PTA in Clayton County

Clayton County Support school operations resources for

Board of

Jonesboro High School PTA in Clayton

Education

County

Clayton County Support school operation resources for

Board of Education Arnold Elementary PTA in Clayton County

99 10,000 10,000 15,000 15,000 9,000 107,540 15,000 5,000 5,000 5,000 5,000 5,000 5,000 1,000 1,000 4,000 1,000 1,000

100

GENERAL ACTS AND RESOLUTIONS, VOL. I

Clayton County Support school operation resources at Mt.

Board of Education Zion High School PTA in Clayton County $

Clayton County Support school operation resources for

Board of

Morrow Middle School PTA in Clayton

Education

County

$

Clayton County Support school operation resources for

Board of

Adamson Middle School PTA in Clayton

Education

County

$

Clayton County Support school operation resources for the

Board of

Jonesboro Middle School PTA in Clayton

Education

County

$

Clayton County Enhancements for Jesters Creek Trail in

Clayton County

$

Clayton County Park enhancements in East Clayton County $

Clayton County Support operation resources for Morrow

Board of Education High School in Clayton County

$

Clayton County Technology improvements for Carrie D.

Board of Education Kendrick Middle School in Clayton County S

Clayton County Purchase books and technology for Pointe

Board of Education South Elementary in Clayton County

$

Clayton County Purchase 1 5 passenger van for Rainbow

House Emergency Shelter in Clayton

County

$

Clayton County Purchase training tools, safety and office

equipment for the Forest Park Athletic

Assn. in Clayton County

$

Clayton County Operating funds and HUD match for

Calvary Refuge in Clayton County

$

Clayton County Purchase software and peripherals for the

Board of

Riverdale Elementary School in Clayton

Education

County

$

Clayton County Replace playground equipment at Brown

Board of Education Elementary School in Clayton County

$

Clayton County Weight room modifications and weight

Board of

room equipment at Lovejoy High School in

Education

Clayton County

$

Clayton County Support school operation resources for Mt.

Board of Education Zion Elementary PTA in Clayton County $

Clayton County Provide a food pantry and help center

through the Clayton County Commission $

Clayton County Provide for computer and research

equipment for Evening High School in

Clayton County

$

Clayton County Repairs and Renovations of the Clayton

Board of

County Alzheimer Center

Commissioners

S

1,000
1,000
1,000
1,000 25,000 25,000
1,000 5,000 5,000
10,000
10,000 30,000
5,000 10,000
10,000 1,000
10,000
10,000
25,000

GEORGIA LAWS 2003 SESSION

Clayton County Funds for a study on the use of the Atlanta

Commission

Farmer's Market and how it should be

developed in future years in Clayton County $

Clayton County Repairs and renovation of athletic fields at

Board of Education Forest Park High School in Clayton County $

Clayton County Funds to continue program goals for the

Board of

Youth Empowerment Project in Clayton

Commissioners County

$

Clayton County Funds for computer and research equipment

for Morrow High School in Clayton County $

Clayton County Purchase computer and research equipment

for North Clayton High School in Clayton

County

$

Clayton County Funds for computer and research equipment

for Mt. Zion High School in Clayton County $

Clayton County Provide for an after-school intervention

program in Clayton County

$

Clayton County Funds for computer equipment for

Jonesboro High School in Clayton County $

Clayton County Funds for computer and research equipment

for Lovejoy High School in Clayton County $

Clayton County Provide for computer and research

equipment for Riverdale High School in

Clayton County

$

Clayton County Funds for computer and research equipment

for Forest Park High School in Clayton

County

$

Clayton County Purchase band uniforms for Mundy's Mill

Board of Education High School for Clayton County Board of

Education

"

$

Clayton County Purchase computer software for Clayton

Voter Registration County Voter Registration Office

$

Clinch County Purchase computer and research resources

for Huxford Genealogical Library in Clinch

County

$

Cobb County

Install handicap ramps and handicap

restroom upgrades for South Cobb

Community Center in Cobb County

$

Chatham County Provide funds to the Community

Cardiovascular Council for the Stroke and

Heart Attack Prevention Program

$

Cobb County

Purchase of medical supplies for Smyrna

Community Health Center in Cobb County S

Cobb County

Funding for materials at Nickajack

Elementary School in Cobb County

$

101
25,000 20,000
25,000 10,000
10,000 10,000 10,000 10,000 10,000
10,000
10,000
20,000 18,700
15,000
16,500 15,000 12,000
1,000

102_______GENERAL ACTS AND RESOLUTIONS, VOL. I_________

Cobb County

Funding for student uniforms at Pebblebrook

High School in Cobb County

$

Cobb County

Funding for materials at Lindley Middle

School in Cobb County

$

Cobb County

Construct a storage facility, batting cage and

dugouts at Harrison High School in Cobb

County

$

Cobb County

Construct facility for fast pitch program at

Walton High School in the City of Marietta $

Cobb County BoardConstruct bleachers on softball field and on

of Education

visitor's side of baseball field at Osborne

High School in Cobb County

$

Cobb County BoardFund position for bi-lingual family services

of Education

coordinator at Birney Elementary School in

Cobb County

$

Cobb County Board Computers and books needed for technology

of Education

media center at Campbell High School in

Cobb County

$

Cobb County BoardPurchase two copiers and to complete a

of Education

playground for the Brown Elementary

School in Cobb County

$

Cobb County BoardPurchase computers, physical ed equipment

of Education

and provide summer programs at Griffin

Middle School in Cobb County

$

Cobb County

Laptop computers and books for the media

Board of

center at Norton Park Elementary in Cobb

Education

County

S

Cobb County

Purchase books and materials for

Board of

bookmobile for Belmont Elementary School

Education

in Cobb County

$

Cobb County BoardPurchase computers and printers at

of Education

Nickajack Elementary in Cobb County

$

Cobb County

Provide for computer software and training

Board of

in Cobb County for Cobb County Board of

Education

Education

S

Cobb County

ESOL materials and tech support staff

Board of

member for Floyd Middle School in Cobb

Education

County

$

Cobb County

Purchase and installation of 15 desktop

Board of

computers for Campbell Middle School in

Education

Cobb County

$

Cobb County BoardPurchase of lockers for the football field

of Education

house at Kell High School in Cobb County $

Cobb County

Purchase and install security system at

Board of

Campbell High School for Cobb County

Education

Board of Education

$

6,000 2,000 14,500 50,000 15,000 5,000 5,000 5,000 5,000 5,000 5,000 5,000 6,488 5,000 10,000 10,000 20,000

GEORGIA LAWS 2003 SESSION

Coffee County Assist in equipment for Wilsonville

Commissioners Volunteer Fire District station in Coffee

County

$

Coffee County Highway 44 1 Economic Development

Council, Incorporated

$

Coffee County Construct volunteer fire station for the

Commissioners Wilsonville community in Coffee County $

Coffee County Purchase playground equipment for Nicholls

Elementary School in Coffee County

$

Coffee County Purchase of mats and weights for Coffee

Board of

Middle School in Coffee Board Of

Education

Education

$

Colquitt County Improvements in the Culbertson Community

Volunteer Fire Department in Colquitt

County

$

Columbia Board of Athletic Improvements for Evans High

Education

School in Columbia County

$

Columbia Board of Technology improvements for Blue Ridge

Education

Elementary in Columbia County

$

Columbia County Field improvements for Martinez Evans

Eittle League in Columbia County

$

Columbia County Outdoor classroom for the Westmont

Board of Education Elementary in Columbia County

$

Columbia County Athletic Improvements for the Greenbriar

Board of Education High School in Columbia County

$

Columbia County Athletic improvements for Lakeside High

Board of Education School in Columbia County

$

Columbia County Sheriffs Office Summer Camp program in

Columbia County

$

Columbia County Refurbish the historical Crawford Cemetery

in Columbia County

$

Columbus

Funding for the Positive Parenting/Play and

Consolidated

Learn Together Program/ Teenage Parenting

Government

Program in Columbus/Muscogee County $

Columbus

Contract for services with Urban League of

Consolidated

Greater Columbus for Youth Challenge

Government

Project

$

Columbus

Contract for services with Columbus

Consolidated

Community Central for outreach program in

Government

Columbus

$

Columbus

Contract for services with Port Columbus

Consolidated

Civil War Navel in Columbus/Muscogee

Government

County

$

Columbus

Contract for services with the Boys and

Consolidated

Girls Clubs of Columbus for

Government

Columbus/Muscogee County

$

103
10,000 60,000 10,000 15,000
10,000
10,000 10,000 5,000 10,000 5,000 10,000 10,000 15,000 15,000
10,000
20,000
25,000
100,000
120,000

104

GENERAL ACTS AND RESOLUTIONS, VOL. I

Columbus

Contract for services with Metropolitan

Consolidated

Columbus Task Force for

Government

Columbus/Muscogee County

S

Columbus

Contract for services with Combined

Consolidated

Communities of S.E. Columbus for tutorial

Government

program for at-risk youth

$

Columbus

Contract for services with Community

Consolidated

Health Center of South Columbus, Inc.

Government

$

Columbus

Contract for services with Men of Action,

Consolidated

Inc. for programs at Parley Homes in

Government

Columbus

$

Columbus

Athletic field renovations at North Gwinnett

Consolidated

High School in Gwinnett County

Government

$

Columbus

Contract with Two Thousand Opportunities

Consolidated

Inc. to provide jobs for at-risk youth and

Government

startup businesses in Columbus

$

Columbus

Contract with 100 Black Men of Columbus

Consolidated

for youth mentoring program in the City of

Government

Columbus

$

Columbus

Contract for services with Project Rebound

Consolidated

for community based intervention program

Government

for students at-risk in Columbus

$

Columbus

Recreation grant to assist with recruitment

Consolidated

of youth and student activities for recreation

Government

department and South Commons/FCC, Inc.

in Columbus

S

Columbus

Provide Welcome Center in

Consolidated

Columbus/Muscogee County

Government

S

Columbus

Contract with Kay Community Service

Consolidated

Center for a sheltered workshop in Fort

Government Valley

$

County of Emanuel Upgrade rural fire departments in Emanuel

County

$

Coweta County Enhance Coweta County's Adult Literacy

Board of

Program

Education

c4>

Crawford County Contract with Boys and Girls Club of Peach

County for building improvements in

Crawford County

$

Crawford County Purchase equipment for volunteer fire

department for Crawford County

$

Crawford County Purchase furniture for new Crawford County

Courthouse

$

20,000 20,000 20,000 15,000 20,000 65,000 15,000 5,000
50,000 10,000 48,000 10,000 10,000 5,000 6,500 15,000

GEORGIA LAWS 2003 SESSION

Crawford County Crawford County Commission Crisp County
Crisp County Commission
Dade County Decatur County Decatur County Decatur County Decatur County
Decatur County
Decatur County Dekalb County Dekalb County
Dekalb County Dekalb County Dekalb County
Dekalb County Dekalb County Dekalb County

Purchase of ambulance and renovations to

EMS headquarters in Crawford County

Aid in construction costs for the completion

of the Crawford County Courthouse

Assist in constructing a monument at the

Friends of Georgia Veterans' Memorial

State Park

Renovation of a county building to be used

to start classes at Darton College in City of

Cordele

Construction of Veterans' Memorial Park in

Dade County

Renovation of building for crime scene

processing laboratory in Decatur County

Renovation of building for crime scene

processing laboratory in Decatur County

Purchase fire fighting equipment for Decatur

County

Purchase pick up truck for the Decatur

County Sheriffs Department Deputy

Auxiliary Force

Construct an additional building for the

Fowlstown Fire Department in Decatur

County

Crime Scene Processing building in Decatur

County

To provide funds for services to the SHARE

Inc.

Contract for services with Oakhurst Medical

Center for a Stroke, Diabetes

Education/prevention program in DeKalb

County

Lighting for Shoal Creek Park on McAfee

Drive in DeKalb County

S

To provide funds for the South Dekalb

Youth Choir

Neighborhood Clean/Beautiful Programs for

White Oak Hills and Midway Woods

Neighborhood Association in DeKalb

County

Fund Delta Life Development Center

Programs in Dekalb County

Funding for Life Skills for Tomorrow

Program in Dekalb County

Provide funding for Leadership Academy in

Dekalb County

105 35,000
25,000
50,000
10,000
20,000 10,000 6,000 10,000
10,000
1,000 16,000
15,000
15,000 10,000 15,000
2,000 35,000 50,000 80,000

106

GENERAL ACTS AND RESOLUTIONS, VOL. I

Dekalb County Funding for playground for Brookrun Park

in Dekalb County

DeKalb County Renovation and outdoor lighting for

Briarwood Recreation Center in DeKalb

County

DeKalb County Fill in dangerous ditches and sidewalk

construction on LaVista Road in

unincorporated DeKalb County from Atlanta

City line to Citadel Road

DeKalb County Re-engineer dangerous intersection

Briarcliff Road, Johnson Road and Zonolite

Road in DeKalb County

DeKalb County Contract for services with the Push Push

Theater of DeKalb County

DeKalb County Contract for services with IAM, Inc. for

after-school tutoring/mentoring program in

DeKalb County

DeKalb County Improvements to Rock Chapel Park in

DeKalb County

DeKalb County Purchase of art supplies for youth programs

for Conyers/Rockdale Council for the Arts

in Rockdale County

DeKalb County Restore and protect Burnt Fork Creek and its

watershed in DeKalb County

DeKalb County Contract for services with Bethel

Enterprises, Inc to provide after school

tutoring/mentoring program in

DeKalb/Rockdale County

DeKalb County Purchase band instruments for students at

Board of Education Stoneview Elementary School in DeKalb

County

$

DeKalb County Program assistance for Browns Mill

Park/DeKalb Yellow Jacket

Football/Cheerleading Programs in DeKalb

County

DeKalb County Contract with Robert Shaw Theme School

Board of Education for summer program in DeKalb County $

DeKalb County Contract for services with the Frazer Center

in DeKalb County

DeKalb County Building and grounds improvements for

Murphey Candler

DeKalb County Field renovation for girls softball field at

Murphey Candler Park in DeKalb County

50,000 10,000
20,000
10,000
10,000 5,000 8,500 7,000 5,000
4,500 5,000
10,000 5,000 30,000 5,000 5,000

_____________GEORGIA LAWS 2003 SESSION___________107

DeKalb County Purchase library books for Hambrick,

Board of Education Idlewood, Stone Mill, Shadow Rock, Pine

Ridge, Redan, Wynnebrooke, Stephenson

Middle, Stephenson High School, Stone

Mountain High School, and Smoke Rise in

DeKalb County

$

DeKalb County Contract for service with South DeKalb

Improvement Initiative for senior adult

services in DeKalb County

$

DeKalb County Library books for Kelly Lake Elementary,

Board of Education Meadowview Elementary, Tilson

Elementary, Gresham Park, Cedar Grove

Elementary, Cedar Grove Middle, Flat

Shoals Elementary, Sky Haven Grove

Elementary, Cedar Grove Middle, Flat

Shoals Elementary, Sky Haven Elementary,

Leslie J. Steel Elementary, McNair Middle,

McNair High, and Cedar Grove High in

DeKalb County

$

DeKalb County Contract with Georgia Community Support

and Solutions for services to emotionally

disturbed children in DeKalb County

$

DeKalb County Provide for comprehensive youth service

program in Scottdale Community in DeKalb

County

$

DeKalb County Assist PTA honors programs at Snapfinger,

Board of Education Woodridge and Rainbow Elementary

Schools in DeKalb County

$

DeKalb County Assist PTA with honors programs at

Board of Education Rowland, Atherton and Canby Lane

Elementary Schools in DeKalb County

$

DeKalb County Assist PTA with honors programs at Glen

Board of Education Haven, M.L.King Jr. High School and

Salem Middle School in DeKalb County $

DeKalb County Assist PTA repair and purchase band

Board of Education uniforms and instruments at Southwest

DeKalb High in DeKalb County

$

DeKalb County Assist PTA to repair and purchase band

Board of Education uniforms and instruments for Columbia

High School in DeKalb County

$

DeKalb County Assist PTA to repair and purchase band

Board of Education uniforms and instruments for Towers High

School in DeKalb County

$

11,000 20,000
15,000 44,000 15,000
2,000 1,500 1,500 6,000 6,000 6,000

108

GENERAL ACTS AND RESOLUTIONS, VOL. I

DeKalb County Assist PTA organizations with honors

Board of Education programs at Browns Mill, Bob Mathis and

Miller Grove Elementary Schools in DeKalb

County

$

DeKalb County Contract for services with Black Women's

Coalition of Atlanta for tutorial, education

and after-school care programs in DeKalb

County

$

DeKalb County Assist PTA organizations with honors

Board of Education programs at Mary McLeod Bethune Middle

School and Chapel Hill Middle School in

DeKalb County

$

DeKalb County Beautification grants for district

homeowners in DeKalb County

$

DeKalb County Contract for services with Wonderland

Gardens in DeKalb County

S

DeKalb County Beautification projects at Worthington,

Autumn Hills, Emerald Estates, and

Springwood communities in DeKalb County $

DeKalb County Beautification projects at Pendley Hills,

Sherrington, Spring Valley, and The

Crossing communities in DeKalb County $

DeKalb County Beautification projects at Easterwood,

Columbia Valley, Columbia Crossing, and

Glenwood communities in DeKalb County $

DeKalb County Beautification projects at Glen Mar, Leisure

Valley, Hidden Hills, and Rainbow Creek

communities in DeKalb County

$

DeKalb County Beautification projects at Leslie Estates,

Sherwood Oaks, Hunters Hill, and Wyndam

Park communities in DeKalb County

$

DeKalb County Arts Station Summer Program in DeKalb

County

$

DeKalb County Provide a customer service institute for

Victory Outreach Empowerment Program in

Dekalb County

$

DeKalb County Improve Civic Club building in Dekalb

County

$

DeKalb County Purchase landscaping supplies and gate for

Dekalb County Civic Association

$

DeKalb County Provide funding for Dekalb County

Computer Literacy Program

$

DeKalb County Funding for KHADIJALAND operating

expenses in Dekalb County

$

DeKalb County Purchase athletic equipment for the disabled

youth of Dekalb County

$

1,500
20,000
1,000 30,000 20,000 4,000
5,000 6,000 4,000 4,000 15,000 20,000 15,000 7,200 10,000 20,000 10,000

GEORGIA LAWS 2003 SESSION

DeKalb County Construction of playground at BrookRun in

DeKalb County

DeKalb County Beautification projects for Hidden Hills,

Meadows, Southland, Mountain, Deer

Creek, Fontaine, Fontaine East, and PTA

enhancements for Redan, Miller Grove and

Stevenson High School in DeKalb County I

DeKalb County Coalition of Concerned Africans, Inc. in

DeKalb County

:

Dodge County Equipment money for the Plainfield fire

department in Dodge County

I

Dodge County Dodge County Courthouse renovation

:

Dodge County Bus driver break room improvement for

Board of

Dodge County Board of Education

Education

i

Dooly County Dooly County Recreation Department for

maintenance and operation

!

Dooly County Replace fire truck for City of Byromville in

Dooly County

!

Dougherty County Contract for services with Dougherty

County Community Coalition for senior day

care in Dougherty County

!

Dougherty County Contract for services with South Albany

Commissioners Family Enrichment Center to encourage

business growth and development in

Dougherty County

!

Dougherty County Shelter and feed the homeless at Zion's

Commissioner Outreach Program in Dougherty County !

Douglas County Establish an emergency operations center for

new Douglas County EMA

!

Douglas County Thermal Imaging Camera for the Douglas

County Fire Department

!

Douglas County Summer remediation program for Douglas

Board of

County middle school students

Education

(

Douglas County Purchase food and other supplies for

Douglas County Food Bank

I

Douglas County Purchase equipment for the Douglas County

Board of

Government Access Channel

Commissioners

i

Douglas County Improve playground equipment for Eastside

School System Elementary in Douglas County

!

Dublin City Board Renovation of bathroom facilities at

of Education

Shamrock Bowl in the City of Dublin

!

109 15,000
10,000 5,000
3,000 5,000
3,000 10,000 30,000
10,000
5,000 5,000 7,000 10,000
10,000
20,000
20,000
10,000 5,000

110

GENERAL ACTS AND RESOLUTIONS, VOL. I

Dublin City Board Purchase band uniforms for Dublin High

of Education

School for the Dublin City Board of

Education

$

Dublin City Board Purchase band uniforms for Dublin High

of Education School in City of Dublin

S

Dublin/Laurens Lighting for fields for Dublin Laurens

County Recreation County Recreation Authority

Authority

$

City of Eastman Funds for the Boys and Girls Club for the

City of Eastman

$

Early County

Fund expenses associated with seeking a

Commission

power generating plant for the Economic

Development Authority in Early County $

Eastman/Dodge Construction project for Eastman/Dodge

Development

Development Authority

Authority

$

Eatonton City

Funding to further enhance the Alice Walker

Council

Street Project in the City of Eatonton

$

Echols County Purchase eleven air pacs for the Echols

County Volunteer Fire Department

$

Effingham County Playground equipment for Clyo Community

Park in Effingham County

$

Effingham County Furniture for new Ebenezer Middle School

Board of Education in Effingham County

$

Effingham County Sand Hill Elementary School playground

Board of Education equipment for disabled in Effingham County $

Effingham County Funding for Veterans' Park in Effingham

County

$

Effingham County Construction of Veterans' Park in Effingham

County

$

Emanuel County Equipment and supplies for Franklin

Memorial Eibrary in Emanuel County

$

Emanuel County Improvements to the Emanuel County

Courthouse

S

Evans County Enhancements to Industrial Park in Evans

County

$

Evans County Provide for industrial park landscaping for

Commission

Claxton in Evans County

$

Evans County Funds to rehabilitate school building for

Board of Education Evans County Board of Education

$

Fannin County Provide crew from Union C.I. to maintain

park and clean bank area in Fannin County $

Fannin County Park amenities to include restrooms and

roads to ballpark in Fannin County

$

10,000 10,000
5,000 12,000
25,000
25,000 10,000 15,000 15,000 10,000 10,000 20,000 10,000 10,000 20,000 10,000 10,000 10,000 25,000 30,000

Fannin County Board of Education Fannin County Board of Education Fayette County
Floyd County
Floyd County
Floyd County
Floyd County
Floyd County
Floyd County
Floyd County Board of Education Floyd County Board of Education Floyd County Board of Education Forsyth County
Forsyth County
Franklin County Franklin County
Board of Education Franklin County
Franklin County

GEORGIA LAWS 2003 SESSION

Purchase educational supplies for West

Fannin Elementary in Fannin County

$

Purchase gravel to extend parking for Fannin

County Head Start program

S

Funds supporting the Foundation de Manana

program in Fayette County

$

Construction of access road to the new

Pirelli Plant in the Floyd County

$

Provide driveway accessibility for ASE

Archer Co Plant in Floyd County

S

Provide funds for education program at

Chieftains Museum in Floyd County

$

Provide language programs to the

Eatin/Hispanic population at Floyd College

in Floyd County

$

Fund expenses and equipment at Camp

Good Times in Floyd County

S

Fund video production project at Coosa

High School in Floyd County

$

Construct a multi-purpose "Classroom in the

Wild" building at Coosa Middle School in

Floyd County

$

Outdoor activities project at the Pepperell

Middle Schools in Floyd County

$

Construct memorial athletic field for 4th and

5th graders at Pepperell Elementary in Floyd

County

$

Renovation of the Forsyth County Chamber

of Commerce

$

Funding for school programs in Forsyth

County

$

Franklin County Recreation Park

$

Paving for Franklin County High School

Agriculture Center

$

Building and equipment for Red Hill, Bold

Springs, Double Churches, Five Acre, Eyons

and Sandy Cross Fire Departments in the

Franklin County

S

Building and equipment for Red Hill, Bold

Springs, Double Churches, Five Acre,

Eyons, and Sandy Cross Fire Department in

Franklin County

$

111
10,000 5,000 10,000 25,000 20,000 15,000 25,000 15,000 10,000 12,500 25,000 10,000 25,000 25,000 15,000 10,000
20,000
10,000

112

GENERAL ACTS AND RESOLUTIONS, VOL. I

Fulton County
Fulton County
Fulton County
Fulton County
Fulton County
Fulton County
Fulton County
Fulton County Board of Education Fulton County Board of Education Fulton County Board of Education Fulton County Board of Education Fulton County Board of Education Glascock County
Glynn County
Glynn County Board of Commissioners Grady County
Grady County

Construction of an outdoor environmental

classroom at Abbots Hill Elementary School

in Fulton County

$

Purchase of computers and software for the

Harriett G. Darnell Multi-purpose facility in

Fulton County

$

Contract for services with Quality Living

Services, Inc. in Fulton County

$

Funds for "Listen Up", a drug prevention and education program in Fulton County $

Funding for ceiling repair of the Kappa

Omega Foundation facility in the City of

Atlanta

$

Provide computer and research equipment

for Creekside High School in Fulton County $

Provide funding for the KidsGym USA

program in Fulton County

$

Development of an outdoor classroom for Roswell North Elementary School in Fulton

County

$

Outdoor classroom at the Taylor Road

Middle School in Fulton County

$
Contract with Connection, Inc. for victory

over violence activities in south Fulton

County schools

S

Create science lab at Finidley Oaks

Elementary School in Fulton County

$
Contract with K.I.D.D.S. Dance Project, Inc.

in Fulton County

$

Complete renovation of courthouse annex in

Glascock County

S

Installation of outdoor lighting for the

Animal Control facility in Brunswick

$

Animal Control facility parking lot lighting

for Glynn County

S Construct new cover for Thomas/Grady

County Mental Health Center for

handicapped recreational outdoor pavilion in

Grady County

$

Renovation and improvements to Wayside

Community Center in Grady County

$

15,000
25,000 45,000 25,000
60,000 10,000
25,000
10,000 15,000 10,000 15,000 10,000 10,000 5,000
5,000
10,000
10,000

GEORGIA LAWS 2003 SESSION

Grady County Building construction and equipment

purchases for the Midway Fire Department

in Grady County

$

Grady County Funds to enhance tennis courts, add lights

Board of

and make other improvements to the softball

Education

field at the Cairo High School in Grady

County

$

Greene County Equipment and display cases at Abram

Colby Decorative Arts Gallery in Greene

County

$

Greene County Renovation of historic old jail in Greensboro

for museum in Greene County

$

Greene County Feasibility study to determine healthcare

system options for Greene, Morgan, Putnam

Region

$

Greene County Funding for old jail restoration project in

Greene County

$

Gwinnett

Provide funds to allow Aurora Theater

Community

performances in elementary schools in

Foundation

Gwinnett County

$

Gwinnett County Athletic Department stadium project at

Board of Education Gray son High School in Gwinnett County $

Gwinnett County Contract for services with Creative

Enterprises for construction of Phase II

Expansion of the Day Habilitation Program

in Gwinnett County

$

Gwinnett County Renovation of Athletic facilities at Duluth

Board of Education High School in Gwinnett County

$

Gwinnett County Creative Enterprises

$

Gwinnett County Asphalt walking track around playground at

Mountain Park Elementary School in

Gwinnett County

$

Hall County

Create walking trail in Tadmore Park in Hall

County

'$

Hall County Board Playground equipment for White Sulphur

of Education Elementary School in Hall County

$

Hancock Board of Purchase a vehicle and equipment for East

Commissioners Lake Sinclair Fire Department in Hancock

County

$

Hancock County Funds needed to purchase firefighting

equipment and supplies for Sparta/Hancock

County Fire Department

$

Hancock County Develop hydroponic garden at M.E. Lewis

Board of Education Elementary in Hancock County

$

Haralson County Contract services for Family Connections

Haralson County

$

113
10,000
10,000 2,000 15,000 10,000 10,000 10,000 5,000
25,000 20,000 50,000 20,000 15,000 10,000 10,000 10,000
4,000 25,000

114

GENERAL ACTS AND RESOLUTIONS, VOL. I

Haralson County Contract services for Lamp Program in

Haralson County

$

Haralson County Recreation funds for Haralson County

Recreation Department

$

Haralson County Fund programs and curriculum for Haralson

County Family Support Programs

$

Haralson County Fund programs and curriculum for Haralson

County Family Connection

$

Haralson County Purchase athletic equipment for Haralson

County High School

$

Hart County

Paving for Hart County Public Safety

Training facility

$

Hart County

Emergency equipment (defibrillator) for

Hart County Fire Department

$

Heard County Recreation department projects for Heard

County

S

Heard County Purchase bullet proof vests for every law

enforcement officer in Heard County

Sheriffs Department and City of Franklin

Police Department

$

Heard County Purchase two computer labs at

Board of

Centralhatchee and Ephesus Elementary

Education

Schools in Heard County

$

Heart of Georgia Provide youth programs and air show at the

Airport Authority Heart of Georgia Airport Authority

$

Henry County General repair and maintenance of shelter

facilities at A Friend's House in Henry

County

$

Henry County Purchase office equipment for Henry County

Board of

Sheriffs Office

Commissioners

$

Henry County Purchase new books for Austin Road Middle

Board of

School Library in Henry County

Education

$

Henry County Purchase books and other media items for

Board of Education

Union Grove High School in Henry County 4c>

Henry County Purchase books and other media items for

Board of

Cotton Indian Elementary in Henry County

Education

$

Henry County Purchase equipment for the Health/Physical

Board of

Education Department at Austin Road

Education

Middle School in Henry County

$

Houston County Contract for services with Kid's Journey in

Board of Education Houston County

$

25,000 20,000
7,000 7,000 10,000 10,000 8,000 15,000
20,000
15,000 10,000
10,000
7,500
5,000
5,000
5,000
5,000 5,000

GEORGIA LAWS 2003 SESSION

Houston County Materials and supplies for the Houston

County Library

Houston County Purchase equipment for the Henderson

Volunteer Fire Department in Houston

County

Houston County Contract for services with Family

Counseling Control of Central Georgia in

Houston County

Houston County Purchase piano for the Fine Arts Department

Board of Education at Houston County High School

Irwin County

Repair to gymnasium in the recreation

complex in Irwin County

Irwin County

Upgrade inventory of books for the Irwin

County Library

Irwin County

Repair and upkeep of Civil War Memorial

located on courthouse square in the City of

Ocilla

Irwin County Board Construction of physical education room for

of Education

wrestling, cheerleading and band activities

for the Irwin County High School

Jackson County Purchase of equipment for Plainview Fire

Department in Jackson County

Jackson County Purchase of equipment for the Jackson

County Volunteer Rescue

Jackson County Construction of homeland security building

for the Jackson County Fire Department

Jasper County Lighting for high school baseball/softball

Board of

fields in Jasper County

Education

Jeff Davis County Purchase playground equipment for parks in

Commissioners Jeff Davis County

Jeff Davis County Purchase equipment for food processing

Board of Education facility at Jeff Davis High School in Jeff

Davis County

Jeff Davis County Create film and video library at

Hazelhurst/Jeff Davis County Museum

Jeff Davis County Assist Jeff Davis County with economic

development

Jefferson County Provide funding for tourism for Jefferson

County Economic Development Authority

Jefferson County Funds to purchase a surplus vehicle for the

Jefferson County Coroner's Office

Jefferson County Purchase signs for Jefferson County High

School System School and Sandersville Technical College

Jenkins County Repair to the Jenkins County Library

115
25,000
25,000
15,000 14,000 10,000 10,000
5,000
10,000 15,000
20,000 15,000
35,000 15,000
5,000 10,000
25,000 25,000
1,500
12,500 10,000

116

GENERAL ACTS AND RESOLUTIONS, VOL. I

Jenkins County Purchase and renovate theater building for

Jenkins County DevelopmentAuthority S

Jenkins County Complete construction of recreation building

for Millen/Jenkins County Recreation

Department

$

Jenkins County Funds to pave Health Department parking

Commission

lot in Jenkins County

$

Johnson County Purchase equipment, renovate and repairs at

the Senior Citizen Center in Johnson County $

Johnson County Rural fire department improvements and

equipment purchases in Johnson County S

Johnson County Renovation of recreation complex and

purchase equipment in Johnson County $

Johnson County Renovations to fire stations in Johnson

Board of

County

Commissioners

S

Johnson County Paving project for the Johnson County

Board of Education Board of Education

$

Jones County Design and develop landscape beautifi cation

project at the Jones County Civic Center $

Jones County General operation of the Jones County

Recreation Department

$

Jones County Purchase firefighting equipment for fire tank

in Jones County Volunteer Fire Department S

Jones County Fund new recreation area for City of

Commission

Haddock

S

Lamar County Lamar County Ag Expo Center

S

Lamar County Purchase bullet proof vests for every law

enforcement officer in Lamar County

$

Lamar County Crisis response vehicle/mobile command

center for Lamar County Sheriffs

Department

$

Lanier County Expansion of the Robert Simpson Nature

Trail in Lanier County

$

Lanier County Band equipment for the Lanier County

Board of

Schools

Education

c4>

Laurens County Three automatic entry and exit doors for

Dublin Laurens County Library in Laurens

County

$

Laurens County Purchase sexual abuse screening equipment

for Stepping Stone program in Laurens

County

$

Laurens County Construction of weight training room for

Board of Education Health Education at West Laurens High

School in Laurens County

$

25,000
15,000 5,000 5,000 15,000 10,000
10,000 25,000 15,000 25,000 5,000 9,000 25,000 15,000
40,000 10,000
6,000
5,000
25,000
10,000

GEORGIA LAWS 2003 SESSION

Laurens County Purchase band uniforms for West Laurens

Board of Education High School in Laurens County

$

Laurens County Construction of T-Hangars at the airport in

Laurens County

$

Laurens County Recreational equipment for Heart of Georgia

Board of Education Psycho Educational Services in Laurens

County

$

Laurens County Improvements for Cedar Grove Community

Center in Laurens County

$

Lee County

Repair old fire station which is being

converted to Redbone Library in Lee County $

Lincoln County Building and equipment for the Loco

Volunteer Fire Department in Lincoln

County

$

Lincoln County Contruction of water line and infrastructure

Commission

for Boy Scout Camp in Lincoln County $

Long County

Fire department equipment to include

personal turn out gear for Long County

$

Long County

Purchase new car for the Long County

Sheriffs Department

$

Long County

Purchase new Sheriffs Department car in

Long County

$

Long County

Purchase protective gear for the volunteer

fire department in Long County

$

Long County

Provide new computer equipment in Long

County

$

Lowndes County Purchase New Book Van for South Georgia

Regional Library in Lowndes County

$

Lowndes County Purchase theater equipment for program

through Valdosta State University in

Lowndes County

$

Lowndes County Construction of the James Belk Youth and

Teen Center at YMCA in Lowndes County $

Lumpkin County Funding for homeless shelter in Lumpkin

County

$

Madison County Pave parking lot at Madison County Fire

Station

$

Marion County Funds to replace wood columns on Marion

Commissioners County Courthouse

$

Mclntosh County Purchase seventeen-passenger Ford

Econovan for the Esther Project, Inc. in

Mclntosh County

$

Meriwether County Construct a football field for Greenville

High School in Meriwether County

$

Meriwether County Purchase bullet proof vests for every law

enforcement officer in Meriwether County $

117
10,000 5,000
5,000 10,000 16,000
10,000 25,000 30,000 10,000
5,000 8,000 20,000 15,000
10,000 75,000 25,000
5,000 23,834
20,000 75,000 25,000

118

GENERAL ACTS AND RESOLUTIONS, VOL. I

Mitchell County Contract for services with Mitchell County

Boys and Girls Club for Smart Moves

pregnancy prevention program

S

Mitchell County Purchase new fire protection equipment for

seven volunteer fire departments in Mitchell

County

$

Monroe County School building renovations for Community

Board of Education Wellness Center in Monroe County

$

Monroe County Purchase and install a cardiac monitoring

Hospital Authority system, communications system or other

improvements at Monroe County Hospital $

Montgomery

Repair roof of historic building at

County

Montgomery County High School

$

Montgomery

Repair roof and flooring of the 1 929

County Schools building for the Montgomery County School

Board

$

Montogomery Purchase of rescue equipment for the

County

Montgomery County Emergency

Management Agency

$

Montogomery New fence at the Montgomery County

County

Recreation Department

$

Morgan County Funding for the construction of an Animal

Commission

Control Building for Morgan County

$

Morgan County Construct a new fire department at Clack's

Commission

Chapel in Morgan County

$

Morgan County Purchase tennis court lighting system for

Board of Education Morgan County Board of Education

$

Muscogee County Construction of rope bridge site for Raider's

Board of Education Team, Freedom Fighter's Cultural Arts

Program in Muscogee County

$

Muscogee County Construct a rope bridge site for competitive

Board of Education preparation of Raider's Team. Freedom

Fighters Cultural Art Program to expand

character education program

$

Muscogee County Funds for an after-school program for

Schools

troubled students at Baker MiddleSchool in

Muscogee County

$

Muscogee County Beautification project at Carver High School

School System in Muscogee County

$

Muscogee County Beautification project at Marshall Middle

School System School in Muscogee County

$

Newton County Enhancements to B.C.Crowell Park and

ballfield in the City of Porterdale

$

Newton County Construction of tennis courts for Eastside

Board of Education High School in Covington

$

9,000
21,000 15,000
25,000 10,000
10,000
5,000 5,000 9,000 9,000 10,000
15,000
10,000
10,000 10,000 10,000 5,000 20,000

GEORGIA LAWS 2003 SESSION

Newton County Enhance, purchase and install playground

equipment for West Newton Elementary

School in Newton County

S

Newton County Purchase band equipment for Cousins

Board of Education Middle School in City of Covington

$

Newton County Fund construction of two softball fields at

Board of

Old Cousins Middle School in Newton

commission

County

$

Oconee County Funds for the Fine Arts Department of

Board of Education Oconee High School

S

Oglethorpe County Planning and startup funding for

Board of Education Agricultural Center in Oglethorpe County $

Paulding County Funding for museum equipment in Paulding

County

$

Paulding County Funds for outside lighting and school signs

for Paulding County Board of Education $

Paulding County Purchase recreational equipment for

community centers in Paulding County

S

Paulding County Paulding County Family Connection

$

Peach County Purchase Microbus for Peach County 4-H $

Peach County Replacement of 3 radio repeaters in Peach

County

$

Peach County

Security gate for Peach County Law

Enforcement Center

$

Peach County Roof repair at 911 Center in Peach County $

Peach County Assist in reroofing Kay Center for Mentally

Retarded in Peach County

$

Pelham City Board Improvements to the agriculture livestock

of Education

facilities in Pelham City public schools

$

Perry Downtown Land acquisition and improvements for the

Development

Perry Downtown Development Authority

Authority

$

Pierce County Purchase equipment for Pierce County

$

Pierce County Improvements to Lakeview Community

Center in Pierce County

$

Pierce County Provide funding for the Pierce County

Board of

Resource Center for the Pierce County

Commissioners Board of Commissioners

$

Pierce County Purchase band uniforms for Pierce County

Board of

Band Boosters

Education

$

Polk County

Purchase van for the Polk County Boys and

Girls Club

$

Polk County

Contract for services with Children's

Advocacy Group in Polk County

$

119
7,500 10,000
8,000 5,000 10,000 3,000 15,000 16,000 25,000 20,000 10,000 6,000 5,000 30,000 15,000
100,000 2,000 30,000
90,000
5,000 20,000 25,000

1 20

GENERAL ACTS AND RESOLUTIONS, VOL. I

Polk County

Provide equipment for the Polk County Fire

Department

$

Polk County

Purchase equipment for the Polk County

Volunteer Fire Department

S

Polk County

Construction of an emergency response

facility in Polk County

$

Putnam County New band equipment for the Putnam County

Board of Education High School

$

Putnam County Renovation of old jail for office space in

Commission

Putnam County

$

Putnam General Medical records retention, storage and

Hospital

retrieval system for the Putnam General

Authority

Hospital in Putnam County

$

Quitman County Planning, mapping, addressing, and

implementation of an enhanced 91 1 system

in Quitman County

$

Rabun County Update computer system at Rabun County

Hospital

$

Rabun County Equipment for the Rabun County Recreation

Department

$

Rabun County Purchase equipment for the Arts and Drama

Department at Rabun County High School $

Randolph County Purchase precision air rifles for JROTC

Board of

program at Randolph/Clay High School in

Education

Randolph County

S

Randolph County New student information system to replace

Board of

OSIRS in the Randolph County School

Education

System

S

Randolph County Fund Star program in Randolph County

Board of Education

$

Screven County Playground equipment for rural communities

of Screven County

$

Screven County Design of a new jail for Screven County

Sheriffs Department

$

Screven County Fire fighting equipment for Screven County

Fire Department

$

Screven County Maintenance and operational cost of the

Cooperville Community House in Screven

County

$

Screven County Upgrade county fire department equipment

in Screven County

S

Seminole County Construct a multi-purpose agri-center

Board of

livestock pavilion for the Seminole County

Education

High School in Seminole County

$

Seminole County Grounds improvement and paving at the

Commission

Seminole County Courthouse

$

40,000 5,000
120,000 8,000 9,000
20,000
10,000 45,000 25,000 15,000
5,000
30,000 12,500 10,000 10,000 50,000
3,000 15,000
10,000 10,000

GEORGIA LAWS 2003 SESSION

Seminole County Agriculture Center and Livestock Building

Board of

for the Seminole County Board Of

Education

Education

$

Seminole County Fund a multi-purpose building at Seminole

County Middle-High School

$

Seminole County Southwest Georgia multi-purpose facility

Board of Education

$

Seminole County Construct an equipment and agricultural

Board of

facility for Seminole County Board of

Education

Education

$

Stephens County Purchase equipment and software for the

Commission

Stephens County Education Literacy

Foundation

$

Stephens County Purchase two used vehicles for the Toccoa

Rehabilitation Ind., Inc, in Stephens County $

Stephens County Purchase office furniture for newly

renovated Toccoa Armory In Stephens

County

$

Stephens County Create two multi media computer centers for

Liberty Elementary School n Stephens

County

$

Stephens County Operating funds for the Stephens County

Commission

Library

$

Stephens County Purchase a 15 passenger van for the

Stephens County 4-H program

$

Stephens County Purchase of a fire boat and building

equipment in Stephens County

$

Stewart County Purchase patrol car for Stewart County

$

Talbot County Repair gym floor at Central

Board of Education Elementary/High School in Talbot County $

Taliaferro Board of Purchase patrol car for Taliaferro County

Commissioners Sheriffs Department

$

Tattnall Board of Repair and fund improvements to Reidsville

Education

Middle School baseball field in the City of

Reidsville

$

Tattnall County Contract for services with the East Collins

Community Center for after-school program

enhancements in Tattnall County

$

Tattnall County Purchase equipment for the Tattnall County

EM A

$

Tattnall County Emergency medical equipment to enhance

911 system for Tattnall County

$

Tattnall County Provide funds for architectural support and

planning of Technology Center in Tattnall

County

$

121
20,000 25,000 50,000
150,000
10,120 31,600
5,600
16,422 20,000 38,000 25,000 6,000 10,000 13,000
5,000
10,000 10,000 10,000
10,000

122

GENERAL ACTS AND RESOLUTIONS, VOL. I

Tattnall County Commissioners Taylor County Telfair County Telfair County Board of Education Telfair County High Terrell County
Terrell County
Thomas County
Thomas County
Tift County Tift County Commissioners Town of Dexter Town of Funston Town of Funston Town of Ivey
Town of Rebecca Town of Rentz Town of Sumner
Town Of Shady Dale

Match local and state/federal funds to market a farmer initiated program to sell local produce in Tattnall County Provide funding for Taylor County GIS Mapping System and 911 feasibility study Recreation funding for Telfair County Athletic facility improvements for Telfair County High School

Resurface Telfair County High School

tennis courts

Restore the historic Terrell County

Courthouse's 1892 Tower Clock and Tower

Room

Deceleration lane construction and related

infrastructure at conservation resource center

in Terrell County

Contract for services with Marquerite Neel

Williams Boys and Girls Club in Thomas

County

Resurface driveway and parking area at

Magnolia/Chappelle School in Thomas

County

Purchase computers and pagers for Tift

County Volunteer Fire Department

Purchase furniture for Tift County Public

Library

S

Purchase equipment for Town of Dexter

Volunteer Fire Department

Replace water line on North Manning Street

in the City of Funston

Assist in replacing water line and fireplugs

in Town of Funston

Construct a Voluntary Fire Department and

precinct polling place in Town of Ivey in

Wilkinson County

Purchase Christmas lighting for the City of

Rebecca

Laurens County Ambulance Service satellite

station in the Town of Rentz

Improvements to Town of Sumner

auditorium for civic and educational

purposes

Building improvements for Town of Shady

Dale City Hal!

5,000
50,000 25,000
10,000 7,000
45,000
85,000
15,000
5,000 10,000 50,000 5,000 7,500
10,000
25,000 3,000 6,236
10,000
20,000

GEORGIA LAWS 2003 SESSION

Towns County Towns County Board of Education Treutlen County Treutlen County Treutlen County Treutlen County Treutlen County Treutlen County Board of Commissioners Treutlen County Troup County Troup County
Troup County Board of Education Turner County
Twiggs County Twiggs County Union City Union City
Union County
Union County

Equipment for volunteer fire department in

Towns County

$

Extend Energy Management System for new

elementary school, new auditorium and

middle school gym in Towns County

$

$2,000 per three Volunteer Fire Departments

in Treutlen County

$

Purchase of a patching machine to repair

county maintained roads in Treutlen County $

Purchase vehicle for Treutlen County Senior

Center

$

Purchase patching machine for road repairs

in Treutlen County

$

Renovation of the Board of Commissioners

office building in Treutlen County

$

Expansion of fire stations to house

additional fire engine in Treutlen County

$

Purchase athletic equipment for the Treutlen

County Board of Education

$

Development of the Clark Access

Recreational Park in Troup County

$

Equipment crisis response vehicle with

communication and disaster response

equipment for the Troup County Sheriffs

Department

$

Create summer Driver's Ed Program for

Troup County students cj>

Repairs, design and renovation of official

state symbol (peanut monument) in Turner

County

S

Landscaping beautification at Twiggs

County Historical Courthouse

$

Upgrade records filing system for the Clerk

of Superior Court Office in Twiggs County $

Funding for the Keep South Fulton Beautiful

program in Union City

$

Provide for environmental protection

through education and facilities in Union

City

$

Design and construct a

gymnasium/community center in Union

County

$

Funds for a new jail in Union County

$

123
5,000
20,000 6,000 10,000 5,000
20,000 10,000
20,000 10,000 50,000
25,000
25,000
5,000 15,000 5,000 40,000
10,000
50,000 30,000

124

GENERAL ACTS AND RESOLUTIONS, VOL. I

Union County
Union County Upson County
Upson County Walker County
Walker County Walker CountyWalker County Walker County
Walker County Board of Education Walton County
Walton County Walton County Board of Commissioners Walton County Board of Education Ware County
Ware County
Ware County

Contract for services with S A.F.E.,

Inc.(Support in Abusive Family

Emergencies program) in Union County $

Equipment for volunteer fire department in

Union County

$

Purchase emergency response truck for

Upson County Emergency Management

Agency

$

Purchase bullet proof vests for every law

enforcement officer in Upson County

$

Contract with Children's Advocacy Center to

provide Lookout Mountain Superior Courts

child abuse investigation forensic service $

Renovations to the drivers license facility in

Rock Spring

S

Renovations to the Walker County

Courthouse in LaFayette

$

Renovation of softball field for Rock Spring

Athletic Association in Walker County $

Purchase land and build memorial park for

the families of the Noble tragedy in Walker

County

$

Purchase computer technology equipment

and JROTC equipment for LaFayette High

School in Walker County

$

Contract for services with Bridge Services,

Inc. for services to at-risk youth in Walton

County

S

Purchase and install playground equipment

at Matthews Park in north Monroe

$

Furniture purchase for Loganville Senior

Center

$

Renovation and drainage project on

playground at Loganville Elementary School

in Walton County

S

Furnish and renovate the Magnolia House

Shelter for Abused Women and Children in

Ware County

$

Acquire a building for the Thomas O. Zorn

#70 Chapter of the Disabled American

Veterans in Waycross

$

Improvements and additions to the

Okefenokee Heritage Center in Ware

County

$

10,000 5,000 10,000 25,000 15,000 15,000 15,000 15,000 45,000 5,000 15,000 5,000 5,000 5,000 5,000 15,000 5,000

GEORGIA LAWS 2003 SESSION

Ware County

Purchase equipment for the Dixie Union

Volunteer Fire and Rescue division of the

Ware County Fire Department

Ware County Board Ware County Senior High Band trip to

of Education Thanksgiving Day in Philadelphia

Warren County Purchase public safety equipment for

Sheriffs Department and fire personnel in

Warren County

Warren County Purchase fire equipment for Warren County

Fire Department

Warren County Purchase two surveillance cameras for

Board of

Warren County Sheriffs Department

Commissioners

Washington County Bathroom improvements for handicapped

access for the Washington County Historical

Society

Washington County Capital improvements for the Washington

County Recreation Department

Wayne County Equipment for the Wayne County Volunteer

Fire Department

Wayne County Construction improvements at Ritch voting

precinct in Wayne County

Wheeler County Equipment for Wheeler County Recreation

Department

Wheeler County Building materials for Springhill Fire

Department in Wheeler County

Wheeler County Renovations of the Wheeler County Senior

Citizens Center

Wheeler County Fire fighting equipment for Stuckey Fire

Department in Wheeler County

Wheeler County Construct a new recreation facility in

Wheeler County

Wheeler/Telfair Planning and development money for

Airport Authority Wheeler County/Telfair Airport Authority

White County Refurbish athletic fields in White County

White County Contract for services with the Sautee

Nacoochee Community Association

Whitfield County Provide funding for road and bridge

Government

enhancements in Whitfield County

Wilcox County Purchase tanker truck for Cedar Creek Fire

Department in Wilcox County

Wilkes County Replace roof on Georgia State Patrol Post in

Wilkes County

Wilkes County Landscaping at Georgia State Patrol Post in

Wilkes County

125
5,000 5,000
15,000
105,000
7,500
5,000 10,000
10,000 5,000 5,000 5,000 4,000 5,000
20,000 5,000 22,000 35,000 10,000 5,000
10,000 3,000

126_______GENERAL ACTS AND RESOLUTIONS, VOL. I_______

Wilkes County Danburg Volunteer Fire Department

building and equipment in Wilkes County $

Wilkinson County Capital expenditures for the Wilkinson

County/Gordon/Recreational Complex

$

Worth County Improvements and repairs to Gordy and

Redrock fire station/voting precinct in

Worth County

S

10,000 25,000
15,000

Section 43.

Provisions Relative to Section 8, Department of Community Health.

There is hereby appropriated to the Department of Community Health a specific sum of money equal to all the moneys contributed to the Indigent Care Trust Fund created pursuant to Article 6 of Chapter 8 of Title 31. The sum of money is appropriated for all of those purposes for which such moneys may be appropriated pursuant to Article 6, and may be used to match federal funds which are available for such purposes.

It is the intent of this General Assembly that the employer contribution rate for the teachers health benefit plan for SPY 2003 shall not exceed 13.1%.

It is the intent of this General Assembly that the employer contribution rate for the state employees health benefit plan for SPY 2003 shall not exceed 13.1%.

Section 44.

Provisions Relative to Section 9, Department of Corrections.

To authorize the Department of Corrections to proceed with a build-to-suit lease contract for the Dekalb Transitional Center.

Section 45.

Provisions Relative to Section 11, State Board of Education Department of Education.

The formula calculation for Quality Basic Education funding assumes a base unit cost of $2,334.03. In addition, all local school system allotments for Quality Basic Education shall be made in accordance with funds appropriated by this Act.

Section 46.

Provisions Relative to Section 12, Employees' Retirement System.

Funds are provided in this appropriation act for H.B. 227, H.B. 254, H.B. 287, H.B. 931, S.B. 62, H.B. 627, H.B. 666, H.B. 785, and H.B. 557.

_____________GEORGIA LAWS 2003 SESSION___________127

Section 47.

Provisions Relative to Section 15, Office of the Governor.

There is hereby appropriated to the Office of the Governor the sum of $350,000 of the moneys collected in accordance with O.C.G.A. Title 10, Chapter 1, Article 28. The sum of money is appropriated for use by the Office of Consumer Affairs for all the purposes for which such moneys may be appropriated pursuant to Article 28.

Section 48.

Provisions Relative to Section 16, Department of Human Resources.

The Department of Human Resources is authorized to calculate all Temporary Assistance for Needy Families benefit payments utilizing a factor of 66.0% of the standards of need; such payments shall be made from the date of certification and not from the date of application; and the following maximum benefits and maximum standards of need shall apply:

Number in Asst. Group
1 2 3 4 5 6 7 8 9 10 11

Standards of Need $235
356 424 500 573 621 672 713 751 804 860

Maximum Monthly Amount $155 235 280 330 378 410 444 470 496 530 568

Provided, the Department of Human Resources is authorized to make supplemental payments on these maximum monthly amounts up to the amount that is equal to the minimum hourly wage for clients who are enrolled in subsidized work experience and subsidized employment.

128______GENERAL ACTS AND RESOLUTIONS, VOL. I_________

Provided, the Department of Human Resources is authorized to transfer funds between the Personal Services object class and the Per Diem, Fees and Contracts subobject class at each of the MH/MR/S A institutions as needed to insure coverage for physician, nursing, physical therapy, and speech and hearing therapy services. Such transfers shall not require prior budgetary approval.

Provided, that of the above appropriations relative to the treatment of Hemophilia and it's complications, these funds may be used to provide treatment and care to the bleeding disorders community or to purchase insurance to provide this treatment and care, whichever is less.

Section 49.

Provisions Relative to Section 20, Department of Labor.

Provided, from funds known as Reed Act funds credited to and held in this state's account in the Unemployment Trust Fund by the United States Secretary of the Treasury pursuant to the "Job Creation and Worker Assistance Act of 2002" (P.L. 107-147) and Section 903 (d) of the Social Security Act, as amended, $49,339,507 is designated for administration of the unemployment compensation law and public employment offices, including workforce information service delivery, technology, resources, and equipment to support employment, workforce staff training, studies and reports, buildings, fixtures, furnishings, and supplies. The amount hereby appropriated shall not exceed the limitations provided in Code Section 34-8-85 of the Official Code of Georgia Annotated, and shall be obligated and expended in accordance with Section 903 (d) (4) of the Social Security Act.

Provided further, that no funds shall be expended until approved by the Office of Planning and Budget.

Section 50. Provisions Relative to Section 22, Merit System of Personnel Administration.

The Department is authorized to assess no more than $147.00 per budgeted position for the cost of departmental operations and may roll forward any unexpended prior years Merit System Assessment balance to be expended in the current fiscal year.

Section 51.

Provisions Relative to Section 24, Department of Natural Resources.

Provided, that to the extent State Parks and Historic Sites receipts are realized in excess of the amount of such funds contemplated in this Act, the Office of Planning and Budget is authorized to use up to 50 percent of the excess receipts to supplant State funds and the balance may be amended into the budget of the Parks, Recreation and Historic Sites Division for the most critical needs of the Division.

_____________GEORGIA LAWS 2003 SESSION___________129

This provision shall not apply to revenues collected from a state parks parking pass implemented by the Department.

Provided, that of the amount above for contracts, no more than 855,000 may be used Tor 3 comni011 piosrctiii or suDSidiziins lYtciss transit r3.rcs to snci tTGm*voric ror employees or stcitc ngencics ctnd ciutooritics,3.s ctutnonzcQ iiT\_/vt..vjTA. HO- /~~O, cinu TTnoiTorsuenpurposes,toen rorot!icr purposes* \vrtnin tncoeject ciciss.i ne .*. suDSifly niciyDC I muted to employ ccswirolive or~~WOFK in toe Atl3.iit3~t/zonc ' o Nonattainmcrit Area" and may not exceed $15 per month per employee. The *o ^ g Depai'tiHciit of Transportation and any other budget unit eligible for such a grant 8 " nidy <ippJy to tois purpose HVciil3.oie redeicil nidtenm^ ruiifls. 1'or pui^poscs or tnis s.ppropricitioi'i AtiHiTi^ Ozone "FNOiicittciioiTicTit Arc3 iTicsns toe ^co^rdpnic 3.rcd or the state comprised of Chcrokee, Clayton, Cobb, Cowcta, Dckalb, Douglas, Tayette, Forsyth, Fulton, Cwiiniett, Ilcniy, Padding, and Rockdalc Counties.

Section 52.

Provisions Relative to Section 30, Department of Revenue.

For purposes of homeownertax relief grants to counties and local school districts, the eligible assessed value of each qualified homestead in the state shall be $8,000 for the taxable year beginning January 1, 2002.

Section 53.

Provisions Relative to Section 31, Secretary of State.

There is included in the Real Estate Rentals object class for the Secretary of State funding for a rental agreement with the Development Authority of Clayton County for the Department of Archives and History.

Section 54.

Provisions Relative to Section 34, Teachers' Retirement System.

It is the intent of the General Assembly that the employer contribution rate for the Teachers' Retirement System shall not exceed 9.24% for S.F.Y. 2003.

Funds are provided in this appropriation act for H.B. 765 and H.B. 955.

Section 55.

Provisions Relative to Section 36, Department of Transportation.

For this and all future general appropriations acts, it is the intent of this General Assembly that the following provisions apply:

a.) In order to meet the requirements for projects on the Interstate System, the Office of Planning and Budget is hereby authorized and directed to give advanced budgetary authorization for letting and execution of Interstate Highway Contracts

130______GENERAL ACTS AND RESOLUTIONS, VOL. I_________

not to exceed the amount of Motor Fuel Tax Revenues actually paid into the Fiscal Division of the Department of Administrative Services.

b.) Objects for activities financed by Motor Fuel Tax Funds may be adjusted for additional appropriations or balances brought forward from previous years with prior approval by the Office of Planning and Budget.

c.) Interstate rehabilitation funds may be used for four-laning and passing lanes. Funds appropriated for on-system resurfacing, four-laning and passing lanes may be used to match additional Federal aid.

d.) The Fiscal Officers of the State are hereby directed as of July 1 st of each fiscal year to determine the collection of Motor Fuel Tax in the immediately preceding year less refunds, rebates and collection costs and enter this amount as being the appropriation payable in lieu of the Motor Fuel Tax Funds appropriated in Section 36 of this Bill, in the event such collections, less refunds, rebates and collection costs, exceed such Motor Fuel Tax Appropriation.

e.) Functions financed with General Fund appropriations shall be accounted for separately and shall be in addition to appropriations of Motor Fuel Tax revenues required under Article III, Section IX, Paragraph VI, Subsection (b) of the State Constitution.

f.) Bus rental income may be retained to operate, maintain and upgrade department-owned buses, and air transportation service income may be retained to maintain and upgrade the quality of air transportation equipment.

in orclci to aid tnc Ucpartmcnt in tnc discna^^e 01 its powers and duties pursuant

<^ to Section 32-2-2 of the Official Code of Gcoi&ia Annotated and in compliance

"QOJ O f^J

AWiriiU tlil ^Ol^.-^.L -tIiV .-J.nll -"J*^.?~^?.~~.1tL1--\/U T.JV{L1 J\-- , W O .^P.VrJ~!./"AV--.,--Vt1h1.V~* fLY/Vnp|iC -i|l-lfL rmll.lntlnlfl 1icJ djiU ifU li.l-U.rlli^ ^U r.U -l tLrV. <1i1O;IiJnLc31f1.-~1|

- <A c/3 position counts between budget functions provided that the Department's total

*^ \f~\ position count snail not exceed tnc maximum nuniucr ot annual positions assigned

by law.

It is the express intent of this General Assembly, by this Act, that the use of motor fuel funds for the purpose of providing annual debt service on existing or new general obligation debt, for road purposes, issued by the State of Georgia, is for the sole and specific purpose of addressing the State's special need appropriation.

T~S oo, p

usePdrorvoiiden.dg,ntth-oalt-wfuanydiancgquaiv.s.ait.iiloanbletotroathmeulDti.e-lpaanretmroenadt

or to

Transportation may be connect r^tmntd Motor

u 2 ^ Speedway to Interstate 75 via State Road 20 and State Road 3.

_____________GEORGIA LAWS 2003 SESSION___________131
Section 56.
In addition to all other appropriations for the State fiscal year ending June 30, 2003, there is hereby appropriated $3,600,000 for the purpose of providing funds for the operation of regional farmers' markets in the Department of Agriculture; and there is hereby appropriated $400,000 for the purpose of providing funds for the Weights and Measures, Warehouse Auditing Programs, Animal Protection Program and Feed Division; there is hereby appropriated $8,578,874 for the purpose of providing operating funds for the State physical health laboratories ($120,000) and for State mental health/mental retardation institutions ($8,458,874) in the Department of Human Resources; and there is hereby appropriated $ 10,000,000 for the purpose of providing funds for the operation of the Employment Service and Unemployment Insurance Programs in the Department of Labor. The Office of Planning and Budget is hereby authorized to transfer funds from this section to the appropriate departmental budgets in amounts equal to the departmental remittances to the Fiscal Division of the Department of Administrative Services from agency fund collections.
Section 57.
To the extent to which Federal funds become available in amounts in excess of those contemplated in this Appropriations Act, such excess Federal funds shall be applied as follows, whenever feasible:
First, to supplant State funds which have been appropriated to supplant Federal funds, which such supplanted State funds shall thereupon be removed from the annual operating budgets; and
Second, to further supplant State funds to the extent necessary to maintain the effective matching ratio experienced in the immediately preceding fiscal year, which such supplanted State funds shall thereupon be removed from the annual operating budgets.
The Office of Planning and Budget shall utilize its budgetary and fiscal authority so as to accomplish the above stated intent to the greatest degree feasible. At the end of this fiscal year, said Office of Planning and Budget shall provide written notice to the members of the Appropriations Committees of the Senate and House of Representatives of the instances of noncompliance with the stated intent of this Section.
A nonprofit contractor, as defined in Chapter 20 of Title 50, which contracts to receive any public funds appropriated in this Act shall comply with all provisions of Chapter 20 of Title 50 and shall, in addition, deposit copies of each filing required by Chapter 20 of Title 50 with the chairmen of the House and Senate Appropriations Committees and with the Legislative Budget Office, at the same time as the filings required under Chapter 20 of Title 50. Any nonprofit entity

132_______GENERAL ACTS AND RESOLUTIONS, VOL. I_________
which receives a grant of any public funds appropriated in this Act without entering into a contractual arrangement shall likewise, as a condition of such grant, comply with the provisions of Chapter 20 of Title 50 in the same manner as a state contractor and shall likewise file copies of required filings with the chairmen of the House and Senate Appropriations Committees.
Section 58.
Each agency for which an appropriation is authorized herein shall maintain financial records in such a fashion as to enable the State Auditor to readily determine expenditures as contemplated in this Appropriations Act.
Section 59.
In addition to all other appropriations, there is hereby appropriated as needed, a specific sum of money equal to each refund authorized by law, which is required to make refund of taxes and other monies collected in error, farmer gasoline tax refund and any other refunds specifically authorized by law.
Section 60.
No State appropriations authorized under this Act shall be used to continue programs currently funded entirely with Federal funds.
Section 61.
In accordance with the requirements of Article IX, Section VI, Paragraph la of the Constitution of the State of Georgia, as amended, there is hereby appropriated payable to each department, agency, or institution of the State sums sufficient to satisfy the payments required to be made in each year, under existing lease contracts between any department, agency, or institution of the State, and any authority created and activated at the time of the effective date of the aforesaid constitutional provision, as amended, or appropriated for the State fiscal year addressed within this Act. If for any reason any of the sums herein provided under any other provision of this Act are insufficient to make the required payments in full, there shall be taken from other funds appropriated to the department, agency or institution involved, an amount sufficient to satisfy such deficiency in full and the lease payment constitutes a first charge on all such appropriations.
Section 62.
(a.) All expenditures and appropriations made and authorized under this Act shall be according to the programs and activities as specified in the Governor's recommendations contained in the Budget Report submitted to the General Assembly at the 2002 Regular Session, except as provided, however, the Director of the Budget is authorized to make internal transfers within a budget unit between

_____________GEORGIA LAWS 2003 SESSION___________133
objects, programs and activities subject to the conditions that no funds whatsoever shall be transferred for use in initiating or commencing any new program or activity not currently having an appropriation of State funds, nor which would require operating funds or capital outlay funds beyond the fiscal year to which this Appropriation Act applies; and provided, further, that no funds whatsoever shall be transferred between object classes without the prior approval of at least eleven members of the Fiscal Affairs Subcommittees in a meeting called to consider said transfers. This Section shall apply to all funds of each budget unit from whatever source derived. The State Auditor shall make an annual report to the Appropriations Committees of the Senate and House of Representatives of all instances revealed in his audit in which the expenditures by object class of any department, bureau, board, commission, institution or other agency of this State are in violation of this Section or in violation of any amendments properly approved by the Director of the Budget.
(b.) (1.) For purposes of this Section, the term "common object classes" shall include only Personal Services, Regular Operating Expenses, Travel, Motor Vehicle Equipment Purchases, Postage, Equipment Purchases, Computer Charges, Real Estate Rentals and Telecommunications.
(b.) (2.) For each Budget Unit's common object classes in this Act, the appropriations shall be as follows: Expenditures of no more than 102% of the stated amount for each common object class are authorized. However, the total expenditure for the group may not exceed the sum of the stated amounts for the separate object classes of the group.
(b.) (3.) It is the further intent of the General Assembly that this principle shall be applied as well when common object class amounts are properly amended in the administration of the annual operating budget.
Section 63.
Wherever in this Act the terms "Budget Unit Object Classes" or "Combined Object Classes For Section" are used, it shall mean that the object classification following such term shall apply to the total expenditures within the Budget Unit or combination of budget units within a designated section, respectively, and shall supersede the object classification shown in the Governor's Budget Report.
For budget units within the Legislative Branch, all transfers shall require prior approval of at least eight members of the Legislative Services Committee in a meeting of such Committee, except that no approval shall be required for transfers within the Senate Functional Budget or the House Functional Budget.

134_____GENERAL ACTS AND RESOLUTIONS, VOL. I______
Section 64.
i ncrc is ncrcDy 3ppropri3iCQ & spccinc SHUT. 01 i r ccicrcii 2r3Tii Tunds, S3ici spcciiic c*-i sum DC ing ccju3i to tnc totcii or tnc I'ccicrtii r3.nt runds civ3iitiDic in excess or tnc tu o ciniounts or sucn runds ctppropnsitcu in tnc lorc^oiii^ sections or tins Act, tor tnc ^< .y, - puFposc or suppi3.iiiiii2 3.|3piopriaico. tjitiic luiiQS; vVirit'ii otciLC ruTiuS sii3.li riicrcupori ^> i DC tin3,v 3.il3.olc tor expenditure unless rc-3.ppropri3.tcct uy tnc OCOT^IS vjcnci3i
AsscniDly.1 ins provision snsli not s,pply to project ^rnnt runus not 3ppropri3tccl in
Section 65. Provisions Relative to Section 39, State of Georgia General Obligation Debt Sinking Fund.
With regard to the appropriations in Section 39 to the "State of Georgia General Obligation Debt Sinking Fund" for authorizing new debt, the maximum maturities, user agencies and user authorities, purposes, maximum principal amounts, and particular appropriations of highest annual debt service requirements of the new debt are specified as follows:
From the appropriation designated "State General Funds (New)," $1,122,100 is specifically appropriated for the purpose of financing projects and facilities for the Board of Regents of the University System of Georgia, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $4,900,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.
From the appropriation designated "State General Funds (New)," $4,445,700 is specifically appropriated for the purpose of financing projects and facilities for the Board of Regents of the University System of Georgia, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $51,100,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
From the appropriation designated "State General Funds (New)," $7,355,480 is specifically appropriated for the purpose of financing projects and facilities for the Board of Regents of the University System of Georgia, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $32,120,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.

_____________GEORGIA LAWS 2003 SESSION___________135
From the appropriation designated "State General Funds (New)," $2,388,150 is specifically appropriated for the purpose of financing projects and facilities for the Department of Technical and Adult Education, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $27,450,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
From the appropriation designated "State General Funds (New)," $6,023,845 is specifically appropriated for the purpose of financing projects and facilities for the Department of Technical and Adult Education, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $26,305,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.
From the appropriation designated "State General Funds (New)," $367,575 is specifically appropriated for the purpose of financing projects and facilities for the Department of Natural Resources, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $4,225,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
From the appropriation designated "State General Funds (New)," $130,500 is specifically appropriated for the purpose of financing projects and facilities for the Georgia Ports Authority, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $1,500,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
From the appropriation designated "State General Funds (New)," $22,900 is specifically appropriated for the purpose of financing projects and facilities for the Department of Labor, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $100,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.

136______GENERAL ACTS AND RESOLUTIONS, VOL. I_________
From the appropriation designated "State General Funds (New)," $261,000 is specifically appropriated for the purpose of financing projects and facilities for the Jekyll Island State Park Authority, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $3,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
From the appropriation designated "State General Funds (New)," $34,350 is specifically appropriated for the purpose of financing projects and facilities for the Jekyll Island State Park Authority, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $ 1 50,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.
From the appropriation designated "State General Funds (New)," $234,900 is specifically appropriated for the purpose of financing projects and facilities for the Department of Juvenile Justice, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $2,700,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
From the appropriation designated "State General Funds (New)," $1,305,000 is specifically appropriated for the purpose of financing projects and facilities for the Board of Regents ofthe University System ofGeorgia, by means ofthe acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $15,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
Fi ri.v-mjiui tLlTiT.-C oAjij-jiij-i.iv-j.j-j.i-l.raiijitiw.-i.nT Huw.-tuicgin-iajti.c-Hu^ '"k^jtiAatcr vCj.crnntmia\i ri uunii.u-ko f^Ni>t.>-vivv^l, " T&.7i 4*.r,fot^?-0v kis
specifically appropriated for the purpose of financing projects and facilities for the Department of Technical and Adult Education, by means of the acquisition, construction, development, extension, enlargement, or improvement ofland, waters, 3. ^ ^5 property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $800,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.

_____________GEORGIA LAWS 2003 SESSION___________137
From the appropriation designated "State General Funds (New)," $174,000 is specifically appropriated for the purpose of financing projects and facilities for the Georgia Building Authority, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $2,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
From the appropriation designated "State General Funds (New)," $1,296,300 is specifically appropriated for the purpose of financing projects and facilities for the Board of Regents of the University System of Georgia, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $14,900,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
From the appropriation designated "State General Funds (New)," $22,900 is specifically appropriated for the purpose of financing projects and facilities for the Department of Technical and Adult Education, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $100,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.
From the appropriation designated "State General Funds (New)," $3,045,000 is specifically appropriated for the purpose of financing projects and facilities for the Department of Transportation, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $35,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
From the appropriation designated "State General Funds (New)," $156,600 is specifically appropriated for the purpose of financing projects and facilities for the Department of Technical and Adult Education, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $1,800,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.

138_____GENERAL ACTS AND RESOLUTIONS, VOL. I_________
F1 rI.\-J.ImII fthll.C- talLi-L*liJ-l.i(-J.L-.Ji1-iiI-titaLtliV.-J.nll HU-.t-5>c Ii .t-,ilnltaiLt.~vUH nOrlItdjLfrC \n_.J-tniltr-riadll 1FnLJn.1H1Uc3 /y"Kl\Tt.-tVxYA(, " *kC^TJ.Z?, 11 , Cy K*J H\J TL5
spcciriCciiiy cippropriciicci ror trie purpose or riricmciri^ projects 3.110 Tciciiities ror me iJOcUG or ivC^cnts or tnc university system 01 oeor^iti, oy niccins of toe ciccjuisition,
nsimc-tion, Qcvcropmcnt, extension, ciiicirsciiicTii, or "~irnprov"ciiici"ii 01 i3.nct, ^ i ^ waters, property, ni^nw3ys, fruiTuins, stnjctures, cc|uipiTiciTt or r^cilitics, uotn rc^ ^ ""j" 3,nd pcrson3i, necessary oruscrul in connection tiicrcwitn, tnrou^n tnc issuance of
not more tn3,n jj*-r,uZ>U,uuU in pmicips:! cHYioimt ot Ocncrsi vJt)ncition JJCDI, tnc instruments or wiiicn snctii H3vc maturities not in excess or~two nunctrcu 3,110 torty

iToni tne 3.ppropri3.tion cicsi^nHtCQ tSt^tc ocncr3i I'UIKJS (^JNCW^,

specifically appropriated for the purpose of financing projects and facilities for the

LJOtii d or ivcscnts or tiic uni v ci sitv c? vsrcni or \j coigia, ^"y means or tnc ticouisition,

t

,

ment^ cxtciision, cniar^ciiiciit, 01 iiiiDrovcmcnt ox lano, \vatci s,

Q i c~-t piopcny, nigliWciys, Duilclin^s, stiTicturcs, equipment or facilities, ootn real and

^ ""p personal, ncccssai^ or uscrul in connection tncrcwitn, tlnou^n tnc issuance ot not

tnore tlian i i ,UuU,uuu tn pnncipai amount or vjcncral vJD libation iJcut, tnc

instruments ot wlucli snail nave maturities not in excess ot two nundrcd and torty

months .

From the appropriation designated "State General Funds (New)," $60,900 is specifically appropriated for the purpose of financing projects and facilities for the Board of Regents of the University System of Georgia, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $700,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months .

From the appropriation designated "State General Funds (New)," $1,653,000 is specifically appropriated for the purpose of financing the Geo. L. Smith Georgia World Congress Center projects and facilities for the Department of Industry, Trade, and Tourism, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than S 19, 000, 000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.

Section 66. TOTAL STATE FUND APPROPRIATIONS

State Fiscal Year 2003

$

16,142,774,526

_____________GEORGIA LAWS 2003 SESSION___________139
Section 67.
This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.
Section 68.
All laws and parts of laws in conflict with this Act are repealed."
Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.
Section 3. All laws and parts of laws in conflict with this Act are repealed.
Approved May 13,2003.
RETIREMENT AND PENSIONS CODE REVISION CORRECTIONS.
No. 8 (House Bill No. 103).
AN ACT
To amend Title 47 of the Official Code of Georgia Annotated, relating to retirement and pensions, so as to correct typographical, stylistic, and other errors and omissions in Title 47 of the Official Code of Georgia Annotated and in Acts of the General Assembly amending Title 47 of the Official Code of Georgia Annotated; to correct capitalization and spelling in Title 47 of the Official Code of Georgia Annotated; to provide for other matters relative to Title 47 of the Official Code of Georgia Annotated; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Title 47 of the Official Code of Georgia Annotated, relating to retirement and pensions, is amended as follows: (1) By striking "prekindergarten" and inserting in its place "pre-kindergarten" in paragraph (1) of subsection (a) of Code Section 47-3-127.1, relating to employment of a retired teacher as a full-time teacher, the period of employment being limited, and automatic termination.

140______GENERAL ACTS AND RESOLUTIONS, VOL. I________
(2) By striking "$2.00" and inserting in its place "Two dollars" and by inserting "fee" after "filing" in subparagraph (a)(l)(B)andby striking "$1.00" and inserting in its place "One dollar" in subparagraph (a)(l)(C) of Code Section 47-11-50, relating to the payment to the probate judges retirement fund of a portion of fees collected in connection with marriage licenses, duty to record and report collection, interest, delinquent payment, and penalties. (3) By striking "actuaries" and inserting in its place "actuary" in subsection (e) of Code Section 47-24-22, relating to the administration and operation of the Georgia Military Pension Fund. (4) By striking "moneys loaned or borrowed from the board" and inserting in its place "moneys loaned by or borrowed from the fund" in subsection (b) of Code Section 47-24-23, relating to the trustees of funds, the power to invest funds, conflicts of interest as to investments, custody of funds, and vouchers regarding the administration and management of the Georgia Military Pension Fund. (5) By striking "Guard, and" and inserting in its place "Guard, or" in Code Section 47-24-81, relating to transfer of service credits regarding the administration and management of the Georgia Military Pension Fund.
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, 2003.
CODE REVISION OCGA CORRECTIONS.
No. 9 (House Bill No. 104).
AN ACT
To amend the Official Code of Georgia Annotated, so as to correct typographical, stylistic, capitalization, punctuation, and other errors and omissions in the Official Code of Georgia Annotated and in Acts of the General Assembly amending the Official Code of Georgia Annotated; to reenact the statutory portion of the Official Code of Georgia Annotated, as amended; to provide for necessary or appropriate revisions and modernizations of matters contained in the Official Code of Georgia Annotated; to repeal portions of the Code and Acts amendatory thereof which have become obsolete; to delete portions of the Code which have been superseded by subsequent state laws; to provide for and to correct citations in the Official Code of Georgia Annotated and other codes and laws of the state; to rearrange, renumber,

_____________GEORGIA LAWS 2003 SESSION___________141
and redesignate provisions of the Official Code of Georgia Annotated; to provide for other matters relating to the Official Code of Georgia Annotated; to provide an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Title 1 of the Official Code of Georgia Annotated, relating to general provisions, is amended as follows: (1) By inserting "of the Constitution" after "Paragraph III" and by deleting "of the Official Code of Georgia Annotated" in Code Section 1-3-4.1, relating to the effective date for certain Acts requiring increases in expenditures by counties.

Reserved.

SECTION 2.

Reserved.

SECTION 3.

Reserved.

SECTION 4.

Reserved.

SECTION 5.

Reserved.

SECTION 6.

Reserved.

SECTION 7.

Reserved.

SECTION 8.

Reserved.

SECTION 9.

SECTION 10. Title 10 of the Official Code of Georgia Annotated, relating to commerce and trade, is amended as follows: (1) By striking "days," and inserting in its place "days'" in paragraph (5) of subsection (a) of Code Section 10-1 -677, relating to the termination of a contractual relationship between a dealer and a manufacturer in regard to marine manufacturers. (2) By striking "Reserved." in Code Section 10-15-3, deleting the 10-15-4 designation, and redesignating the text under Code Section 10-15-4 as Code Section

142_____GENERAL ACTS AND RESOLUTIONS, VOL. I_________

10-15-3, relating to the penalty for violation of Code Section 10-15-2, which relates to the disposal of business records containing personal information.

Reserved.

SECTION 11.

Reserved.

SECTION 12.

SECTION 13. Title 13 of the Official Code of Georgia Annotated, relating to contracts, is amended as follows: (1) By inserting "which it" before "effectively" in paragraph (15) and by inserting "or" before "mortgage" and by striking "solicitation, looking to a sale, or offer" and inserting in its place "solicitation looking to a sale; or an offer" in paragraph (17) of Code Section 13-8-12, relating to definitions concerning the regulation of agricultural equipment manufacturers, distributors, and dealers in regard to illegal and void contracts generally.

SECTION 14. Title 14 of the Official Code of Georgia Annotated, relating to corporations, is amended as follows: (1) By striking "without" and inserting in its place "outside" in paragraph (6) of subsection (b) of Code Section 14-2-1501, relating to the requirement of a certificate of authority to transact business for foreign corporations. (2) By inserting "and" at the end of paragraph (4) of subsection (b) and by striking the periods and inserting semicolons at the end of paragraphs (1) and (2) and by striking the period and inserting"; and" at the end of paragraph (3) of subsection (f) of Code Section 14-9-206.1, relating to mergers with regard to the "Georgia Revised Uniform Limited Partnership Act." (3) By striking "'L.L.C.', 'LLC, 'L.C.' or 'LC';" and inserting in its place "'L.L.C.,' 'LLC,"L.C.'or'LC';" in paragraph (1) of subsection (a) of Code Section 14-11-705, relating to the name of a foreign limited liability company. (4) By striking "14-11-1110" and inserting in its place "14-11-1109" in paragraph (1) of subsection (b) of Code Section 14-11-1012, relating to court costs and counsel fees.

SECTION 15. Title 15 of the Official Code of Georgia Annotated, relating to courts, is amended as follows: (1) By striking the "(1)(B)" designation and inserting in its place "(B)" in subparagraph (f.l)(l)(B) of Code Section 15-6-77, relating to superior court fees and construction of other fee provisions in regard to clerks of superior courts.

_____________GEORGIA LAWS 2003 SESSION___________143
SECTION 16. Title 16 of the Official Code of Georgia Annotated, relating to crimes and offenses, is amended as follows: (1) By striking "(c), (d), (e), (f), (g), (h), and (i)" and inserting in its place "(c) through (i)" in subsection (b) of Code Section 16-5-21, relating to aggravated assault. (2) By striking "(c), (d), (e), (f), (g), and (h)" and inserting in its place "(c) through (h)" in subsection (b) of Code Section 16-5-24, relating to aggravated battery. (3) By striking "or is derived" and inserting in its place "or derived" in subsection (a) of Code Section 16-6-13.3, relating to proceeds from pimping and their forfeiture and distribution. (4) By striking "not-for-profit" and inserting in its place "not for profit" in paragraph (4) of Code Section 16-8-82, relating to definitions regarding motor vehicle chop shops and stolen and altered property. (5) By striking paragraph (7) and renumbering it as new paragraph (4) and by renumbering existing paragraphs (4) through (6) as paragraphs (5) through (7), respectively, in subsection (f) of Code Section 16-9-20, relating to deposit account fraud. (6) By striking "appointive" and inserting in its place "appointed" and by striking "elective" and inserting in its place "elected" in the introductory language of subsection (b), paragraph (2) of subsection (c), and subparagraph (c)(3)(C) of Code Section 16-10-6, relating to the sale of real or personal property to a political subdivision by a local officer or employee and exceptions in regard to abuse of a government office. (7) By striking "punishable by contempt" and inserting in its place "punishable as contempt" in subsection (e) of Code Section 16-11-66.1, relating to the disclosure of stored wire or electronic communications, records, search warrants, issuance of subpoena, and violation in regard to wiretapping, eavesdropping, surveillance, and related offenses. (8) By inserting "Georgia" before "Peace Officer" in paragraph (4) of subsection (c) of Code Section 16-11-127.1, relating to carrying weapons within school safety zones, at school functions, or on school property. (9) By inserting "Georgia" before "Peace Officer" each time it appears in paragraphs (3) and (4) of subsection (c) of Code Section 16-11-130, relating to exemptions from Code Sections 16-11-126 through 16-11-128. (10) By striking "child," and inserting in its place "child" and by striking "indecency;" and inserting in its place "indecency" in paragraph (1) of subsection (d) of Code Section 16-12-100.2, relating to computer pornography and child exploitation prevention. (11) By striking "sterile water" and inserting in its place "sterile water," and by striking "quantity, use" and inserting in its place "quantity, use," in paragraph (4.2) of Code Section 16-13-72, relating to the sale, distribution, or possession of dangerous drugs.

144_______GENERAL ACTS AND RESOLUTIONS, VOL. I_________

Reserved.

SECTION 17.

SECTION 18. Title 18 of the Official Code of Georgia Annotated, relating to debtor and creditor, is amended as follows: (1) By striking "article:" and inserting in its place "article, the term:" in the introductory language, by striking "vote," and inserting in its place "vote" both times it appears in subparagraph (B) of paragraph (1), by striking "obligation," and inserting in its place "obligation" in paragraph (8), and by striking "asset," and inserting in its place "asset" in paragraph (12) of Code Section 18-2-71, relating to definitions in regard to the "Uniform Fraudulent Transfers Act."

SECTION 19. Title 19 of the Official Code of Georgia Annotated, relating to domestic relations, is amended as follows: (1) By striking "position;" and inserting in its place "position," in Code Section 19-10A-4, relating to no criminal prosecution for leaving a child in custody of a medical facility.

SECTION 20. Title 20 of the Official Code of Georgia Annotated, relating to education, is amended as follows: (1) By striking "20-3-751.6" and inserting in its place "20-2-751.6" and by striking "20-3-751.4" and inserting in its place "20-2-751.4" in subparagraph (b)(l )(A) and in paragraph (2) of subsection (b) of Code Section 20-2-751.5, relating to student codes of conduct, safety rules on school buses, and distribution of codes. (2) By striking "however, the" and inserting in its place "however, that the" in subsection (b) of Code Section 20-3-386, relating to distribution of education loan repayment assistance and conditions therefor.

Reserved.

SECTION 21.

Reserved.

SECTION 22.

Reserved.

SECTION 23.

Reserved.

SECTION 24.

SECTION 25. Title 25 of the Official Code of Georgia Annotated, relating to fire protection, is amended as follows:

___________GEORGIA LAWS 2003 SESSION___________M5
(1) By designating the first and second paragraphs as subsections (a) and (b), respectively, in Code Section 25-5-12, relating to agreements constituting collective bargaining contracts, required provisions, and engaging in work stoppages by fire fighters. (2) By striking "certificates" and inserting in its place "permits" each time it appears and by striking "certificate" and inserting in its place "permit" in subsection (b) and by inserting "as provided" before "by law" in subsection (d) of Code Section 25-12-18, relating to cease and desist orders, period of revocation, civil penalty, and opportunity for hearing in regard to regulation of fire extinguishers and suppression systems.
SECTION 26. Title 26 of the Official Code of Georgia Annotated, relating to food, drugs, and cosmetics, is amended as follows: (1) By striking "violates" and inserting in its place "violate" in subparagraph (c)(l)(B) of Code Section 26-2-81, relating to powers of the Commissioner ofAgriculture, access to documentary evidence and witnesses, false reports, and failure to file reports in regard to meat inspection standards, labeling, and adulteration of food. (2) By striking "Chapter" and inserting in its place "chapter" in Code Section 26-2-101, relating to inspections and examinations and administration in conjunction with Article 2 of the chapter in regard to inspection of animals, carcasses, meat, and meat food products, adulteration and misbranding in the standards, labeling, and adulteration of food. (3) By striking "Code Sections 26-2-150 through 26-2-154" and inserting in its place "this Code section and Code Sections 26-2-151 through 26-2-154" each time it appears in Code Section 26-2-150, relating to legislative intent in regard to the advertisement and sale of meat generally. (4) By striking "Code Sections 26-2-150 through 26-2-154" and inserting in its place "Code Section 26-2-150, this Code section, and Code Sections 26-2-152 through 26-2-154" in Code Section 26-2-151, relating to promulgation of rules and regulations regarding deceptive advertising of meat. (5) By striking "Code Sections 26-2-157 through 26-2-161" and inserting in its place "26-2-157 and 26-2-158, this Code section, and Code Sections 26-2-160 and 26-2-161" in Code Section 26-2-159, relating to promulgation of regulations in regard to the advertisement and sale of meat generally. (6) By inserting a comma after "animal" in Code Section 26-2-203, relating to power of inspection in regard to meat, poultry, and dairy processing plants. (7) By striking the quotation marks from '"Grade A Pasteurized Milk Ordinance'" in subsection (b) of Code Section 26-2-231, relating to definitions in regard to milk and milk products. (8) By striking the quotation marks from '"Grade A Pasteurized Milk Ordinance'" in Code Section 26-2-238, relating to standards and requirements generally in regard to milk and milk products. (9) By striking "301 et seq" and "1040 et seq" and inserting in their respective places "301, et seq" and "1040, et seq" in paragraph (7) and by striking

146______GENERAL ACTS AND RESOLUTIONS, VOL. I_______

"containers," and inserting in its place "containers" in subparagraph (A) of paragraph (10) of Code Section 26-3-2, relating to definitions in regard to standards, labeling, and adulteration of drugs and cosmetics. (10) By striking "state board of pharmacy" and inserting in its place "State Board of Pharmacy" in the introductory language of subsection (a) of Code Section 26-4-49, relating to drug researcher permits, application for registration, fees, suspension or revocation, and penalty for violations.

SECTION 27. Title 27 of the Official Code of Georgia Annotated, relating to game and fish, is amended as follows: (1) By striking "tax on" and inserting in its place "taxon" in paragraph (23) of Code Section 27-1-2, relating to definitions pertaining to game and fish laws. (2) By striking "cub(s)" and inserting in its place "a cub or cubs" in paragraph (9) of Code Section 27-3-1.1, relating to acts prohibited on wildlife management areas. (3) By striking "of this title" after "27-2-23" in Code Section 27-4-90, relating to commercial fishing license requirements and effective dates pertaining to fresh-water fishing laws.

SECTION 28. Title 28 of the Official Code of Georgia Annotated, relating to the General Assembly, is amended as follows: (1) By striking "chair" and inserting in its place "chairperson" each time it appears in paragraph (6) of subsection (a) and by striking "chairman" and inserting in its place "chairperson" each time it appears in subsection (d) of Code Section 28-1-16, relating to the issuance of subpoenas by the Superior Court of Fulton County on behalf of the Committees on Ethics of the Senate and House of Representatives.

SECTION 29. Title 29 of the Official Code of Georgia Annotated, relating to guardian and ward, is amended as follows: (1) By striking". 5 percent" and inserting in its place " 1 12 percent" in subsection (a) of Code Section 29-2-42, relating to compensation for services of guardians and sureties. (2) By striking "will" and inserting in its place "shall" in paragraph (4) of subsection (a) of Code Section 29-6-8, relating to persons and entities who may serve as a guardian, the discharge of a guardian acting in violation of provisions, and final accounting in regard to guardians of beneficiaries of the United States Department of Veterans Affairs.

Reserved.

SECTION 30.

Reserved.

SECTION 31.

_____________GEORGIA LAWS 2003 SESSION___________147

Reserved.

SECTION 32.

SECTION 33. Title 33 of the Official Code of Georgia Annotated, relating to insurance, is amended as follows: (1) By striking "section, 'liability insurance policy'" and inserting in its place "section, the term 'liability insurance policy'" in subsection (a) of Code Section 33-7-11.1, relating to the commencement of liability of an insurer to pay benefits to a third party on behalf of the insured and the applicability of this Code section. (2) By striking "post-payment" and inserting in its place "postpayment" in paragraph (7); by renumbering paragraphs (1) through (8) as paragraphs (2) through (9), respectively, in Code Section 33-20A-60, relating to definitions regarding managed health care plans; and by designating as paragraph (1) and inserting the text of subsection (h) of Code Section 33-20A-62, relating to the payment of claims in managed health care plans, as paragraph (1) of said Code Section 33-20A-60. (3) By striking "post-payment" and inserting in its place "postpayment" in the introductory language of subsections (a) and (b) and subsection (e) and by striking subsection (h) of Code Section 33-20A-62, relating to the payment of claims in managed health care plans. (4) By striking "his premium" and inserting in its place "his or her premium" in subsection (d) of Code Section 33-22-9, relating to service charges in regard to insurance premium finance companies. (5) By striking "commissioner of public safety" and inserting in its place "commissioner of motor vehicle safety" in Code Section 33-34-5, relating to vehicles not to be licensed until proof of insurance is furnished.

Reserved.

SECTION 34.

Reserved.

SECTION 35.

Reserved.

SECTION 36.

Reserved.

SECTION 37.

SECTION 38. Title 38 of the Official Code of Georgia Annotated, relating to military, emergency management, and veterans affairs, is amended as follows: (1) By striking '"Southern Regional Emergency Management Compact.'" and inserting in its place '"Emergency Management Assistance Compact.'" in Code

148_______GENERAL ACTS AND RESOLUTIONS, VOL. I_________

Section 38-3-80, relating to a short title for the Emergency Management Assistance Compact. (2) By striking "Southern Regional Emergency Management Compact" and inserting in its place "Emergency Management Assistance Compact" in the introductory language, by striking the title of the compact "SOUTHERN REGIONAL EMERGENCY MANAGEMENT COMPACT" and inserting in its place '"EMERGENCY MANAGEMENT ASSISTANCE COMPACT", and by inserting a double quotation mark at the end of the compact following "Code." in Article XIII of Code Section 38-3-81, relating to the enactment and text of the Emergency Management Assistance Compact.

Reserved.

SECTION 39.

Reserved.

SECTION 40.

Reserved.

SECTION 41.

SECTION 42. Title 42 of the Official Code of Georgia Annotated, relating to penal institutions, is amended as follows: (1) By striking "criminal justice information system" and inserting in its place "Criminal Justice Information System" in subparagraph (b)(3)(B) and each time it appears in paragraph (1) of subsection (c), by striking "U.S.C." and inserting in its place "U.S.C. Section" each time it appears and by striking "Web page" and inserting in its place "Internet website" in paragraph (3) of subsection (c), and by striking "one time" and inserting in its place "one-time" in paragraphs (2) and (3) of subsection (c.l) of Code Section 42-1-12, relating to the State Sexual Offender Registry. (2) By striking "or its successor agency" each time it appears in subsection (c) of Code Section 42-8-111, relating to court ordered installation of ignition interlock devices, completion of alcohol and drug use risk reduction programs, notice of requirements, and fees for a driver's license.

SECTION 42A. An Act to amend Chapter 8 of Title 42 of the Official Code of Georgia Annotated, relating to probation, approved April 10, 1995 ( Ga. E. 1995, p. 396), is amended by repealing the obsolete Section 1 thereof.

Reserved.

SECTION 43.

_____________GEORGIA LAWS 2003 SESSION___________149

SECTION 44. Title 44 ofthe Official Code ofGeorgia Annotated, relating to property, is amended as follows: (1) By striking "justice" and inserting in its place "magistrate" in Code Section 44-14-302, relating to levy and sale of property and advertisement in regard to foreclosures of personal property. (2) By deleting "hospital" and by striking "first class" and inserting in its place "first-class" in paragraph (1) of subsection (a) of Code Section 44-14-471, relating to the filing of a verified statement, contents, and notice in regard to hospitals, nursing homes, and traumatic burn care medical practices. (3) By deleting "hospital" before "lien book", by striking "materialman's" and inserting in its place "materialmen's", and by striking "mechanic's" and inserting in its place "mechanics'" in Code Section 44-14-472, relating to duties of the clerk of the superior court, lien book, and fees in regard to hospitals, nursing homes, and traumatic burn care medical practices.

Reserved.

SECTION 45.

Reserved.

SECTION 46.

Reserved.

SECTION 47.

Reserved.

SECTION 48.

Reserved.

SECTION 49.

Reserved.

SECTION 50.

SECTION 51. Title 51 of the Official Code of Georgia Annotated, relating to torts, is amended as follows: (1) By inserting a double quotation mark at the end of the date line in the "NOTICE OF CANCELLATION RIGHTS" in subsection (c) of Code Section 51-12-72, relating to the requirement of a written transfer agreement in regard to damages in tort actions.

SECTION 52. Title 52 of the Official Code of Georgia Annotated, relating to waters of the state, is amended as follows:

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(1) By striking "paragraphs (1) through (3) of subsection (b)" and inserting in its place "subparagraphs (b)(2)(A) through (b)(2)(C)" in subsection (c) of Code Section 52-7-8.3, relating to the operation of watercraft, identification, and operation by minors.

Reserved.

SECTION 53.

SECTION 54. Except for Title 47, the text of Code sections and title, chapter, article, part, subpart, Code section, subsection, paragraph, subparagraph, division, and subdivision numbers and designations as contained in the Official Code of Georgia Annotated published under authority of the state by The Michie Company in 1982 and contained in Volumes 3 through 40 of such publication or replacement volumes thereto, as amended by the text and numbering of Code sections as contained in the 2002 supplements to the Official Code of Georgia Annotated published under authority of the state in 2002 by LEXIS Publishing, are reenacted and shall have the effect of statutes enacted by the General Assembly of Georgia. Annotations; editorial notes; Code Revision Commission notes; research references; notes on law review articles; opinions of the Attorney General of Georgia; indexes; analyses; title, chapter, article, part, and subpart captions or headings, except as otherwise provided in the Code; catchlines of Code sections or portions thereof, except as otherwise provided in the Code; and rules and regulations of state agencies, departments, boards, commissions, or other entities which are contained in the Official Code of Georgia Annotated are not enacted as statutes by the provisions of this Act. Material which has been added in brackets or parentheses and editorial, delayed effective date, effect of amendment, or other similar notes within the text of a Code section by the editorial staff of the publisher in order to explain or to prevent a misapprehension concerning the contents of the Code section and which is explained in an editorial note is not enacted by the provisions of this section and shall not be considered a part of the Official Code of Georgia Annotated. The reenactment of the statutory portion of the Official Code of Georgia Annotated by this Act shall not affect, supersede, or repeal any Act of the General Assembly, or portion thereof, which is not contained in the Official Code of Georgia Annotated and which was not repealed by Code Section 1-1-10, specifically including those Acts which have not yet been included in the text of the Official Code of Georgia Annotated because of effective dates which extend beyond the effective date of the Code or the publication date of the Code or its supplements. The provisions contained in other sections of this Act and in the other Acts enacted at the 2003 regular session of the General Assembly of Georgia shall supersede the provisions of the Official Code of Georgia Annotated reenacted by this section.

SECTION 55. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

GEORGIA LAWS 2003 SESSION
SECTION 56. All laws and parts of laws in conflict with this Act are repealed.
Approved May 14, 2003.
ELECTIONS - CODE REVISION CORRECTIONS.
No. 10 (House Bill No. 105).
AN ACT
To amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to correct typographical, stylistic, and other errors and omissions in Title 21 of the Official Code of Georgia Annotated and in Acts of the General Assembly amending Title 21 of the Official Code of Georgia Annotated; to correct capitalization and spelling in Title 21 of the Official Code of Georgia Annotated; to provide for necessary or appropriate revisions and modernizations of matters contained in Title 21 of the Official Code of Georgia Annotated; to provide for other matters relating to Title 21 of the Official Code of Georgia Annotated; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Title 21 of the Official Code of Georgia Annotated, relating to elections, is amended as follows: (1) By striking "computer-driven" and inserting in its place "computer driven" in paragraph (4.1) of Code Section 21-2-2, relating to definitions in regard to general provisions of elections. (2) By striking "public meeting" and inserting in its place "public meeting," each time it appears in subsection (b) of Code Section 21-2-70.1, relating to municipal election superintendents. (3) By striking "ZIP code" and inserting in its place "ZIP Code" in subsection (g) of Code Section 21-2-224, relating to registration deadlines, restrictions on voting in primaries, official list of electors, and voting procedure when a portion of a county has changed from one county to another. (4) By striking "Commission" and inserting in its place "commission" and by inserting a comma after "Central Georgia" in paragraph (6) of subsection (e) of Code Section 21-2-301, relating to the pilot program, testing and evaluation of electronic voting systems, and the creation of the Twenty-first Century Voting Commission. (5) By inserting "address" after "residence" each time it appears in Code Section 21-2-325.1, relating to candidates with the same or similar names.

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(6) By striking "font and size" and inserting in its place "font, and size" and by striking "candidates name and political party" and inserting in its place "candidates' names and political parties" in subsection (a) of Code Section 21-2-379.4, relating to ballot appearance and write-in votes on direct recording electronic unit voting systems. (7) By striking "zero, and shall" and inserting in its place "zero and shall" in subsection (b) of Code Section 21-2-379.7, relating to the preparation of polling places. (8) By striking "ballot," and inserting in its place "ballot" in subsection (a) of Code Section 21-2-379.10, relating to the procedure for electors in regard to direct recording electronic unit voting systems. (9) By striking "municipal" before "governing" in Code Section 21-2-380.1, relating to the appointment of an absentee ballot clerk. (10) By striking "election, but" and inserting in its place "election but" and by striking "vote, but" and inserting in its place "vote but" in paragraph (2) of subsection (c) of Code Section 21-2-419, relating to the validation of provisional ballots.
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 14,2003.
SONNY KEMP INTERSECTION; DESIGNATED.
No. 11 (House Resolution No. 28).
A RESOLUTION
Designating a portion of SR 60 in Hall County as the Sonny Kemp Intersection; and for other purposes.
WHEREAS, the late Sonny Kemp of the Murrayville community in Hall County was beloved by many; and
WHEREAS, Mr. Kemp was widely recognized as a "Good Samaritan" for his many deeds of kindness to others less fortunate; and
WHEREAS, he left behind an example worthy of emulation and a name worthy of honor; and

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WHEREAS, it is only fitting and proper that he be memorialized in the community in which he lived.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAE ASSEMBLY OF GEORGIA that the intersection of SR 60 with Old Dahlonega Highway in Hall County is hereby designated as the Sonny Kemp Intersection, and the Department of Transportation is authorized and directed to erect and maintain signs so identifying the intersection.
BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is authorized and directed to transmit appropriate copies of this resolution to the Department of Transportation and the family of the late Sonny Kemp.
Approved May 14,2003.
DEAN BRYANT INTERSECTION; DESIGNATED.
No. 12 (House Resolution No. 146).
A RESOLUTION
Designating the Dean Bryant Intersection; and for other purposes.
WHEREAS, Dean Bryant was born in Lumpkin County, Georgia, on February 9, 1933, and has lived all of his life very near the intersection of Highway 115 and Highway 52 in that county; and
WHEREAS, he attended school in Lumpkin County where he participated in many activities, including basketball; and
WHEREAS, he was called to be a minister in the Baptist Church in 1950 and has been a faithful pastor of 16 Baptist churches across northeast Georgia for the past 52 years; and
WHEREAS, "Preacher" Dean Bryant has faithfully visited the sick on a daily basis for many years in their homes and in the area hospitals; and
WHEREAS, he married the former Barbara Manly and they raised three children in Lumpkin County in a home near the intersection of Highway 115 and Highway 52; and
WHEREAS, in fact, there have been very few days during his lifetime that Dean Bryant has not traveled through this intersection; and

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WHEREAS, it is fitting and proper that this highway intersection be named for Dean Bryant in whose life it has figured so prominently and who has distinguished himself in kindness to his neighbors in Lumpkin County.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the intersection of Highway 115 and Highway 52 in Lumpkin County, east of Dahlonega, Georgia, is designated the Dean Bryant Intersection.
BE IT FURTHER RESOLVED that the Department of Transportation is authorized and directed to erect and maintain appropriate signs designating such intersection.
BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is authorized and directed to transmit appropriate copies of this resolution to Dean Bryant and the Department of Transportation.
Approved May 14, 2003.
CRIMINAL PROCEDURE - CONCURRENT GRAND JURIES; PRETRIAL MOTIONS; TRIAL DEMANDS;
CONTINUANCES; SCIENTIFIC REPORTS; BAIL.
No. 26 (House Bill No. 414).
AN ACT
To amend Title 17 of the Official Code of Georgia Annotated, relating to criminal procedure, so as to provide for concurrent grand juries; to establish procedures relating to pretrial motions, discovery, certain witnesses, and demands for trial; to create time limits for filing pretrial motions; to require that a demand for trial be filed with the clerk of court and served upon the judge assigned to hear such case; to specify when a demand for trial shall expire; to provide for procedures subsequent to appeal; to provide for procedures for a continuance when a party, attorney, or material witness is on active duty as a member of the National Guard or a reserve or active component of the armed forces of the United States; to provide for the effect of the continuance on the demand for trial; to provide for bail; to clarify provisions relating to oral scientific reports; 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. Title 17 of the Official Code of Georgia Annotated, relating to criminal procedure, is amended by adding a new Code Section 17-7-55 to read as follows:

___________GEORGIA LAWS 2003 SESSION__________155
"17-7-55.
In any term of court when the public interest requires it, the court may empanel one or more concurrent grand juries in accordance with Part 1 of Article 4 of Chapter 12 of Title 15."
SECTION 2. Said title is further amended by striking Code Section 17-7-110, relating to the indictment or accusation and witnesses, in its entirety and inserting in lieu thereof the following:
"17-7-110.
All pretrial motions, including demurrers and special pleas, shall be filed within ten days after the date of arraignment, unless the time for filing is extended by the court."
SECTION 3. Said title is further amended by striking Code Section 17-7-170, relating to demands for trial, and inserting in lieu thereof the following:
"17-7-170.
(a) Any person against whom a true bill of indictment or an accusation is filed with the clerk for an offense not affecting the person's life may enter a demand for trial at the court term at which the indictment or accusation is filed or at the next succeeding regular court term thereafter; or, by special permission of the court, he or she may at any subsequent court term thereafter demand a trial. In either case, the demand for trial shall be filed with the clerk of court and served upon the prosecutor and upon the judge to whom the case is assigned or, if the case is not assigned, upon the chief judge of the court in which the case is pending. The demand shall be binding only in the court in which the demand is filed, except where the case is transferred from one court to another without a request from the defendant. (b) If the person is not tried when the demand is made or at the next succeeding regular court term thereafter, provided at both court terms there were juries impaneled and qualified to try the person, the person shall be absolutely discharged and acquitted of the offense charged in the indictment or accusation. For purposes of computing the term at which a misdemeanor must be tried under this Code section, there shall be excluded any civil term of court in a county in which civil and criminal terms of court are designated; and for purposes of this Code section it shall be as if such civil term was not held. (c) Any demand filed pursuant to this Code section shall expire at the conclusion of the trial or upon the defendant entering a plea of guilty or nolo contendere. (d) If a case in which a demand for trial has been filed, as provided in this Code section, is reversed on direct appeal, a new demand for trial must be filed within the term of court in which the remittitur from the appellate court is received by the clerk of court or at the next succeeding regular court term thereafter. (e) If the case in which a demand for trial has been filed as provided in this Code section results in a mistrial, the case shall be tried at the next succeeding regular term of court."

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SECTION 4. Said title is further amended by striking Code Section 17-8-31, relating to continuances where a party or his or her counsel is in attendance on active duty as member of the National Guard, and inserting in lieu thereof the following:
"17-8-31.
(a) It shall be the duty of any judge of the courts of this state to continue any case in the court on or without motion when any party thereto or his or her leading attorney is absent from court when the case is reached by reason of his or her attendance on active duty as a member of the National Guard or a reserve or active component of the armed forces of the United States. The case may proceed if the party, in the absence of his or her leading attorney, or the leading attorney, in the absence of the party, announces ready for trial on the call of the case. If counsel is absent, it shall be necessary for his or her client to make oath that he or she cannot safely go to trial without the absent attorney and, if a party is absent, his or her counsel shall state in his or her place that he or she cannot safely go to trial without the client. (b) It shall be the duty of any judge of the courts of this state to continue any case in the court upon a showing by the state or the defendant that a material and necessary witness is unavailable by reason of being on active duty as a member of the National Guard or as a member of a reserve or active component of the armed forces of the United States. (c) In cases in which a demand for trial has been filed in accordance with Code Section 17-7-170 or 17-7-171, the court shall grant the continuance if the party moving for a continuance pursuant to subsection (b) of this Code section establishes by testimony, affidavits, or other evidence that:
(1) The witness is material and necessary; (2) The witness is located outside the territorial limits of the state; (3) The party has submitted a request to the proper military authorities for the testimony of the witness in accordance with Section 301 of Title 5 of the United States Code and federal regulations or directives issued by the armed forces pursuant thereto; and (4) The witness will not be available within the time limits prescribed by Code Section 17-7-170 or 17-7-171. This continuance shall toll the running of the demand for trial and shall continue the trial until the witness is released from active duty or the military makes the witness available to testify. If the witness only becomes available to testify within the last two weeks of the term of court in which the case must be tried, the case may be tried at the next succeeding term of court. (d) In any case in which the court grants the state a continuance pursuant to subsection (c) of this Code section, the defendant shall have bail set upon application to the court, except in those cases punishable by death or imprisonment for life without parole. In any case in which the defendant is accused of committing a serious violent felony, as defined by subsection (a) of Code Section 17-10-6.1, the court shall consider, but shall not be required to set bail."

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SECTION 5. Said title is further amended by striking paragraph (4) of subsection (a) of Code Section 17-16-4, relating to disclosures required of prosecuting attorney and defendant, and inserting in lieu thereof a new paragraph (4) to read as follows:
"(4) The prosecuting attorney shall, no later than ten days prior to trial, or as otherwise ordered by the court, permit the defendant at a time agreed to by the parties or ordered by the court to inspect and copy or photograph a report of any physical or mental examinations and of scientific tests or experiments, including a summary of the basis for the expert opinion rendered in the report, or copies thereof, if the state intends to introduce in evidence in its case-in-chief or in rebuttal the results of the physical or mental examination or scientific test or experiment. If the report is oral or partially oral, the prosecuting attorney shall reduce all relevant and material oral portions of such report to writing and shall serve opposing counsel with such portions no later than ten days prior to trial. Nothing in this Code section shall require the disclosure of any other material, note, or memorandum relating to the psychiatric or psychological treatment or therapy of any victim or witness."
SECTION 6. Said title is further amended by striking paragraph (2) of subsection (b) of Code Section 17-16-4, relating to disclosures required of prosecuting attorney and defendant, and inserting in lieu thereof a new paragraph (2) to read as follows:
"(2) The defendant shall within ten days of timely compliance by the prosecuting attorney but no later than five days prior to trial, or as otherwise ordered by the court, permit the prosecuting attorney at a time agreed to by the parties or as ordered by the court to inspect and copy or photograph a report of any physical or mental examinations and of scientific tests or experiments, including a summary of the basis for the expert opinion rendered in the report, or copies thereof, if the defendant intends to introduce in evidence in the defense's case-in-chief or rebuttal the results of the physical or mental examination or scientific test or experiment. If the report is oral or partially oral, the defendant shall reduce all relevant and material oral portions of such report to writing and shall serve opposing counsel with such portions no later than five days prior to trial. Nothing in this Code section shall require the disclosure of any other material, note, or memorandum relating to the psychiatric or psychological treatment or therapy of any defendant or witness."
SECTION 7. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 8. All laws and parts of laws in conflict with this Act are repealed.
Approved May 14,2003.

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EDUCATION - GEORGIA STUDENT FINANCE COMMISSION; GEORGIA STUDENT FINANCE AUTHORITY.
No. 27 (House Bill No. 551).
AN ACT
To amend Article 7 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to postsecondary scholarships, loans, and grants, so as to change certain provisions regarding the Georgia Student Finance Commission and the Georgia Student Finance Authority; to change certain provisions regarding the board of commissioners of the commission; to change certain provisions regarding the board of directors of the authority; to change certain provisions regarding officers and employees of the commission; to change certain provisions regarding definitions; to change certain provisions regarding the functions and composition of the authority; to change certain provisions regarding officers and employees of the authority; to change certain provisions regarding bonds; to change certain provisions regarding service cancelable loans; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAE ASSEMBLY OF GEORGIA:
SECTION 1. Article 7 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to postsecondary scholarships, loans, and grants, is amended by striking Code Section 20-3-234, relating to the board of commissioners of the Georgia Student Finance Commission, and inserting in its place a new Code Section 20-3-234 to read as follows:
"20-3-234. (a) Functions and composition of board of commissioners.
(1) The commission shall be governed and all of its powers, duties, and functions shall be exercised by a board of commissioners. The board of commissioners shall be composed of the following public commissioners, to be appointed by the Governor, subject to confirmation by the Senate: one public commissioner from each congressional district of the state who is and who remains during the term of his or her appointment a resident of the district being represented. The executive director of the commission, or president, if designated by such title by the board of commissioners, shall be an ex officio member of the board of commissioners. Neither the Governor nor any state official not designated in this paragraph shall be appointed as a commissioner. All public commissioner appointments made by the Governor when the Senate is not in session shall be effective ad interim. (2) The board of commissioners provided for by paragraph (1) of this subsection shall be the successor to and a continuation of, without interruption, the board of commissioners of the previously existing Georgia State Scholarship Commission. The board of commissioners of the previously

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existing Georgia State Scholarship Commission, excepting the chairperson of the board of regents, who shall not be a member of the board of commissioners, shall be the board of commissioners created by subsection (a) of Code Section 20-3-233; and each public commissioner shall continue to serve for the term of office to which he or she was appointed. Upon expiration of his or her respective term or in the event of a vacancy, his or her successor shall be appointed, or appointments to fill vacancies occurring shall be made, by executive order of the Governor as provided for in this Code section. (b) Qualifications and terms ofpublic commissioners. Public commissioners shall be appointed by executive order of the Governor to serve for a term of six years and until their successors are appointed and qualified and shall be eligible for reappointment to successive terms. Appointments made after the expiration of a term or to fill a vacancy occurring on the commission shall be made by the Governor in the same manner but only for the duration of the unexpired term. Public commissioners shall be at least 21 years of age, citizens of the United States, and residents of Georgia for at least two years at the time of their appointment. No public commissioner shall be currently employed or contracted by a public or private postsecondary institution in the State of Georgia. Public commissioners shall be subject to the code of ethics covering members of commissions, boards, directors, and authorities as set forth in Code Sections 45-10-3 and 45-10-4 and shall be subject to removal for violation thereof as provided for in such Code sections. No commissioner shall be eligible to become an officer or employee ofthe commission for a period of one year after expiration of the commissioner's period of service as a commissioner. (c) Officers of board of commissioners. The officers of the board of commissioners shall consist of a chairperson and a vice chairperson, who shall serve as chairperson in the absence or incapacity of the chairperson, each of whom shall be elected from the public commissioners of the board to serve for a term of not more than two years and who shall be eligible for reelection to successive terms unless otherwise provided in the bylaws ofthe commission, and a secretary of the board of commissioners, who may be a commissioner or an employee of the commission. (d) Meetings of board of commissioners. The board of commissioners shall provide for the holding of regular and special meetings. The board of commissioners shall hold at least one regular meeting during each fiscal year but may hold as many regular meetings during any fiscal year as may be deemed necessary. The chairperson is authorized to call at any time a special meeting of the board of commissioners, provided at least five days' advance notice is provided to each commissioner. A majority of the commissioners then in office shall constitute a quorum for the transaction of any business and for the exercise of any power, duty, or function of the board of commissioners; and no vacancy on the board of commissioners shall impair the right of a quorum of the commissioners then in office to transact any business or to exercise any power, duty, or function of the board of commissioners. The concurrence of a majority of commissioners present at any meeting of the board of commissioners at which a quorum is present shall be sufficient to constitute official action of the board of

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commissioners. All meetings of the board of commissioners shall be open to the public except as otherwise provided by state law. Meetings of the board of commissioners shall generally be held at the principal office or place of business of the commission but may be held elsewhere within the state when authorized by the board of commissioners. (e) Executive committee. The board of commissioners is authorized to establish, elect, and provide for the organization and duties of an executive committee of the board of commissioners, to consist of not less than five commissioners, which may, in intervals between regular meetings of the board of commissioners, meet and transact any business and exercise any power, duty, or function of the board of commissioners unless otherwise restricted by the board of commissioners. The presence at a meeting of the executive committee of a majority of the members of such committee shall constitute a quorum. The concurrence of members of the executive committee equal to a majority of the membership of the executive committee shall be required to constitute official action of the executive committee. Any authorized official action taken by the executive committee shall be binding upon the board of commissioners and the commission until the next regular meeting of the board of commissioners. Meetings of the executive committee shall be open to the public except as otherwise provided by state law. Meetings of the executive committee shall generally be held at the principal office or place of business of the commission but may be held elsewhere within the state when authorized by the board of commissioners. Whenever the board of commissioners, at any regularly scheduled meeting of the board of commissioners, shall fail to have a quorum present, but a quorum of the executive committee of the board of commissioners is present, such meeting shall continue as an official meeting of the executive committee under this subsection for the purpose of taking any official action which the executive committee is otherwise authorized to take. (f) Other committees. The board of commissioners is authorized to establish and provide for the organization and duties of such other interim or standing committees of the board of commissioners as it may deem necessary in the performance of its powers, duties, and functions. Such other committees may only be authorized to investigate or to consider, and to report their findings or recommendations to the board of commissioners, upon such matter or matters as the board of commissioners shall prescribe and may not be authorized to take any binding action for or on behalf of the board of commissioners. (g) Compensation of commissioners. Public commissioners shall receive the sum provided by Code Section 45-7-21 for each day of actual attendance at meetings of the commission or for each day of travel, within or outside the state, as a member of the commission, which travel has been authorized by the chairperson or by action of the commission, plus reimbursement for actual transportation costs while traveling by public carrier or the legal mileage rate for the use of a personal automobile to and from the place of meeting. No member of the commission shall be authorized to receive the sums, expenses, and costs provided by this subsection for more than 18 days per year.

GEORGIA LAWS 2003 SESSION
(h) Advisory councils. The board of commissioners is authorized to provide for the creation of one or more advisory councils pursuant to Code Section 50-4-4 as the board of commissioners may determine to be needful or helpful to the commission in the performance of its powers, duties, and functions under this part and to prescribe all matters relative thereto, including, without limitation, their membership, organization, duties, meetings, authorized travel, and the payment of per diem to and actual expenses incurred by advisory councilmembers while in the performance of duties prescribed by the board of commissioners."
SECTION 2. Said article is further amended by striking subsection (a) of Code Section 20-3-264, relating to the board of directors of the Georgia Student Finance Authority, and inserting in its place a new subsection (a) to read as follows:
"(a) Functions and composition. The corporation shall be governed and all of its corporate powers, duties, and functions shall be exercised by a board of directors. The board of directors shall be composed of 1 3 members, who shall be the same persons who are serving and who shall serve as members of the board of commissioners of the commission pursuant to Code Section 20-3-234. The executive director of the corporation, or president, if designated by such title by the board of directors, shall be an ex officio member of the board of directors. The board of directors provided for by this subsection shall be the successor to and a continuation of, without interruption, the board of directors of the previously existing Georgia Higher Education Assistance Corporation. No director shall be eligible to become an officer or employee of the corporation for a period of one year after expiration of the director's period of service as a director of the corporation."
SECTION 3. Said article is further amended by striking Code Section 20-3-265, relating to officers and employees of the commission, and inserting in its place a new Code Section 20-3-265 to read as follows:
"20-3-265.
The executive director ofthe commission, or president, ifdesignated by such title by the board of commissioners, shall serve as the executive director, or president, if designated by such title by the board of directors, and chief executive officer of the corporation. The executive director shall provide for maintenance of accurate and permanent minutes and records of all proceedings and activities of the board of directors and the corporation and have authority and responsibility to implement and carry out all administrative powers, duties, and functions of the corporation in accordance with governing state and federal laws and rules, regulations, and policies prescribed by the board of directors. The treasurer of the commission shall serve as treasurer of the corporation. The treasurer shall receive and disburse all funds made available to or for the use of the corporation by the General Assembly or otherwise in accordance with law and as may be directed by the board of directors. The secretary of the commission shall serve

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as secretary of the corporation. Other officers of the commission who are assigned duties and responsibilities relative to the purposes of the corporation may be designated as officers of the corporation. The foregoing officers and all other employees, professional personnel, agents, experts, consultants, and persons employed or retained by the commission who are assigned duties and responsibilities relative to the purposes of the corporation shall perform such assigned duties and responsibilities in accordance with the federal act and this part. Fidelity bond coverage of officers, employees, and members of the commission provided pursuant to paragraph (4) of Code Section 20-3-235 and covering such persons who are performing duties and responsibilities relative to the corporation pursuant to this part shall also be conditioned as to the insured and in such respects and for such sums as the board of directors determines necessary to protect the interests of the corporation."
SECTION 4. Said article is further amended by striking Code Section 20-3-312, relating to definitions regarding the Georgia Student Finance Authority, and inserting in its place a new Code Section 20-3-312 to read as follows:
"20-3-312.
As used in this part, the term: (1) 'Authority' means the Georgia Student Finance Authority created by Code Section 20-3-313. (2) 'Authorized officer' means the chairperson, vice chairperson, executive director or president, treasurer, secretary, or other person authorized by this part, resolution of the board of directors, agreements entered into by the board of directors or the authority, or bylaws of the authority to act as an authorized officer of the authority for any prescribed purpose. (3) 'Board of directors' means the board of directors of the authority. (4) 'Borrower' means an eligible student or eligible parent who has obtained an educational loan under this part or from a lender under Part 2 of this article. (5) 'Commission' means the Georgia Student Finance Commission created by Code Section 20-3-233. (6) 'Corporation' means the Georgia Higher Education Assistance Corporation created by Code Section 20-3-263. (7) 'Directory information1 means the present or last known name, address, and place of employment; social security number; telephone number; school enrollment status; academic classification and standing; actual or anticipated date of graduation, withdrawal from, or transfer to another school; other educational loan indebtedness; and other financial aid available to, and other similar data as the case may be and as may be applicable to, an applicant for or the recipient of scholarship or grant assistance under this part or to a borrower, comaker, cosigner, endorser, or person or credit reference named on an application for loan guaranty submitted to a lender under Part 2 of this article, and the spouse thereof. (8) 'Federal act' means all provisions of federal statutes which provide federal funds for any student financial aid purpose or for any activity related to student

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financial aid and federal statutes relative to programs of low-interest educational loans to students and parents administered in whole or in part by the secretary, including but not limited to the federal Higher Education Act of 1965 (P.L. 89-329), as amended, and all rules and regulations prescribed by the secretary pursuant thereto. (9) 'Federal interest subsidies' means the interest subsidy payments on educational loans provided for in the federal act. (10) 'Guaranty agency' means the corporation or any other state or nonprofit institution or organization with which the United States Department of Education has an agreement under the federal act of Title IV student aid programs. (11) 'Guaranty fee' means the insurance premium charge on educational loans authorized by Code Section 20-3-271 or the federal act of Title IV student aid programs. (12) 'Lender' means a 'lender' as defined in paragraph (12) of Code Section 20-3-262 or as prescribed by the federal act of Title IV student aid programs. (13) 'Loan' or 'educational loan' means an obligation representing advances of money by a lender to an eligible student or eligible parent evidenced by one or more promissory notes, on note forms prescribed by any guaranty agency, as prescribed by the federal act of Title IV student aid programs. In the event of the purchase and sale or the pledge or assignment of such loans or a participating interest in such loans, the term shall include contingent interests, security interests, pledges, commitments, choses in action, or other property interests in such loans. (14) 'Loan guaranty' means the document or endorsement issued by any guaranty agency, as prescribed by the federal act of Title IV student aid programs, as evidence of the guaranty by the corporation of an educational loan to be made by a lender to an eligible student or eligible parent. The term 'guaranty,' when used in this part, shall have the same meaning as 'insurance' as such term is used in the federal act and shall be synonymous therewith. (15) 'Parent' or 'eligible parent' means a parent of an eligible student who qualifies for an educational loan under the federal act and regulations prescribed by the authority. (16) 'Part' means this part, including rules and regulations prescribed by the board of directors pursuant thereto. (17) 'Secretary' means the United States secretary of education or any official succeeding to the powers of such secretary under the federal act. (18) 'Special allowance payments' means the special allowance payments on educational loans provided for in the federal act."
SECTION 5. Said article is further amended by striking subsection (a) of Code Section 20-3-314, relating to the functions and composition of the authority, and inserting in its place a new subsection (a) to read as follows:
"(a) Functions and composition. The authority shall be governed and all of its corporate powers, duties, and functions shall be exercised by a board of directors.

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The board of directors shall be composed of 13 members, who shall be the same persons who are serving and who shall serve as members of the board of commissioners of the commission pursuant to Code Section 20-3-234. The executive director of the authority, or president, if designated by such title by the board of directors, shall be an ex officio member of the board of directors. The board of directors provided for by this subsection shall be the successor to and a continuation of. without interruption, the board of directors of the previously existing Georgia Higher Education Assistance Authority. No director shall be eligible to become an officer or employee of the authority for a period of one year after expiration of the director's period of service as a director of the authority."
SECTION 6. Said article is further amended by striking Code Section 20-3-315, relating to officers and employees of the authority, and inserting in its place a new Code Section 20-3-315 to read as follows:
"20-3-315.
The executive director ofthe commission, or president, ifdesignated by such title by the board of commissioners, shall serve as the executive director or president, if designated by such title by the board of directors, and chief executive officer of the authority. The executive director shall provide for maintenance of accurate and permanent minutes and records of all proceedings and activities of the board of directors and the authority and have authority and responsibility to implement and carry out all administrative powers, duties, and functions of the authority in accordance with governing state and federal laws and rules, regulations, and policies prescribed by the board of directors. The treasurer of the commission shall serve as treasurer of the authority. The treasurer shall receive and disburse all funds made available to or for the use of the authority by the General Assembly or otherwise in accordance with law and as may be directed by the board of directors. The secretary of the commission shall serve as secretary of the authority. Other officers of the commission who are assigned duties and responsibilities relative to the purposes of the authority may be designated as officers of the authority. The foregoing officers and all other employees, professional personnel, agents, experts, consultants, and persons employed or retained by the commission who are assigned duties and responsibilities relative to the purposes of the authority shall perform such assigned duties and responsibilities in accordance with this part. Fidelity bond coverage of officers, employees, and members of the commission provided pursuant to paragraph (4) of Code Section 20-3-235 and covering such persons who are performing duties and responsibilities relative to the authority pursuant to this part shall also be conditioned as to the insured and in such respects and for such sums as the board of directors determines necessary to protect the interests of the authority."
SECTION 7. Said article is further amended by striking subsection (a) of Code Section 20-3-344, relating to issuance of bonds by the authority, and inserting in its place a new subsection (a) to read as follows:

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"(a) The authority is authorized to provide for the issuance of bonds of the authority not to exceed $150 million aggregate principal amount outstanding at any one time excluding bonds issued to refund outstanding bonds of the authority to carry out and effectuate its purposes and powers under this subpart. In anticipation of the issuance of such bonds, the authority also is authorized to provide for the issuance of notes. Such bonds or notes may be issued at one time or from time to time, provided the aggregate principal amount of such bonds and notes outstanding at any one time shall not exceed the amount authorized by this subsection, excluding bonds or notes issued to refund outstanding bonds or notes of the authority. The principal of, premium, if any, and the interest on such bonds or notes shall be payable solely from the funds provided for in this subpart for such payment. Any such notes may be made payable from the proceeds of bonds or renewal notes, or in the event bond or renewal note proceeds are not available, such notes may be paid from revenues or assets available to the authority for this purpose under this subpart in accordance with resolutions or other agreements with holders of any outstanding bonds or other obligations of the authority. The bonds or notes of each issue shall be dated, shall bear interest at such rates, may be redeemable before maturity at the option of the authority at such price or prices as may be determined by the authority, and shall be under such other terms and conditions as may be determined by the authority. Notes shall mature at such time or times, not exceeding five years from their date or dates, and bonds shall mature at such time or times, not exceeding 40 years from their date or dates, as may be determined by the authority. The authority shall determine the form of such bonds or notes, including coupon form, registered form, registration as to principal only, or all of the foregoing forms, and shall determine the right of reconversion or interchange into other forms. The authority shall fix the denomination or denominations and the place or places of payment of principal and interest, which may be any bank or trust company within or outside the state. All such bonds shall be executed in the name of the authority by the chairperson and the secretary of authority and shall be sealed with the official seal of the authority or a facsimile thereof. Coupons shall be executed in the name of the authority by the chairperson of the authority. The facsimile signature of either the chairperson or the secretary of the authority may be imprinted in lieu of the manual signature if the authority so directs and the facsimile of the chairperson's signature shall be used on coupons. In case any officer whose signature or a facsimile of whose signature shall appear on any bonds or notes or coupons attached thereto shall cease to be such officer before the delivery thereof, his or her signature or facsimile signature shall nevertheless be valid and sufficient for all purposes as if he or she had remained in office until such delivery. The authority may also provide for the authentication of the bonds or notes by a trustee or fiscal agent. Prior to the preparation of definitive bonds, the board of directors may issue interim receipts, interim certificates, or temporary bonds exchangeable for definitive bonds upon the issuance of the latter. The authority may also provide for the replacement of any bond which shall become mutilated or be destroyed or lost. Such revenue bonds may be issued without any other proceedings or the happening of any other conditions

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or things than those proceedings, conditions, and things which are specified or required by this part. Upon the approval of a resolution of the authority authorizing the sale of its bonds or notes, such bonds or notes may be sold in such manner, either at public or private sale, and for such price as the authority shall determine to be in the best interests of the authority and to effectuate best its purposes under this subpart."
SECTION 8. Said article is further amended by striking Code Section 20-3-374, relating to service cancelable loans, and inserting in its place a new Code Section 20-3-374 to read as follows:
"20-3-374.
(a) The authority shall maintain a service cancelable loan fund to which shall be credited:
(1) State funds appropriated for use by the authority for service cancelable loan purposes; (2) Unrestricted moneys received by gift or otherwise and other moneys available for and determined by the authority to be available for the purposes of the fund; and (3) Outstanding educational loans held by the authority under this subpart as to which the borrower has a right to repay in cash or cancel the obligation for cash repayment through service in designated files. (b) State funds appropriated for service cancelable loans shall be used by the authority to the greatest extent possible for the purposes designated in this subpart in accordance with the following:
(1) PARAMEDICAL AND OTHER MEDICAL RELATED PROFESSIONAL AND EDUCATIONAL FIELDS OF STUDY.
(A) The authority is authorized to make service cancelable educational loans to residents of Georgia enrolled in paramedical and other medical related professional and educational fields of study, including selected degree programs in gerontology and geriatrics. A student enrolled in a program leading to the degree of doctor of medicine shall not qualify for a loan under this paragraph. The authority shall, from time to time, by regulation designate the subfields of study that qualify for service cancelable loans under this paragraph. In determining the qualified subfields, the authority shall give preference to those subfields in which the State of Georgia is experiencing a shortage of trained personnel. Loans made under this paragraph need not be limited to students attending a school located within the state. However, any and all loans made under this paragraph shall be conditioned upon the student agreeing that the loan shall be repaid by the student either:
(i) Practicing in the designated qualified field in a geographical area in the State of Georgia approved by the authority. For service repayment, the loan shall be repaid at a rate of one year of service for each academic year of study or its equivalent for which a loan is made to the student under this paragraph; or

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(ii) In cash repayment with assessed interest thereon in accordance with the terms and conditions of a promissory note that shall be executed by the student; and (B) The authority is authorized to make service cancelable loans to residents of this state enrolled in a course of study leading to a degree in an educational field that will permit the student to be employed as either a licensed practical nurse or a registered nurse. Service cancelable loans can also be made available under this paragraph for students seeking an advanced degree in the field of nursing. The maximum loan amount that a full-time student may borrow under this paragraph shall not exceed $ 10,000.00 per academic year. Any and all loans made under this paragraph shall be conditional upon the student agreeing that the loan shall be repaid by the student either: (i) Practicing as a licensed practical or registered nurse in a geographical area in the State of Georgia that has been approved by the authority. For service repayment, the loan shall be repaid at a rate of one year of service for each academic year of study or its equivalent for which a loan is made to the student under this paragraph; or (ii) In cash repayment with assessed interest thereon in accordance with the terms and conditions of a promissory note that shall be executed by the student; (2) GEORGIA NATIONAL GUARD MEMBERS. The authority is authorized to make service cancelable educational loans to residents of Georgia who are eligible members of the Georgia National Guard and who are enrolled at the undergraduate level in a private or public college or public postsecondary technical or vocational school located in the state. Members of the Georgia National Guard who are in good standing according to applicable regulations of the National Guard shall be eligible to apply for a loan. Such loans shall be on the terms and conditions set by the authority in consultation with the Department of Defense, provided that any such loan shall not exceed an amount equal to the actual tuition charged to the recipient for the period of enrollment in an educational institution or the tuition charged by the University of Georgia for the period of enrollment at the university, whichever is less. Students eligible for the HOPE scholarship or HOPE grant at an eligible public or private postsecondary institution are not eligible to receive this loan during a school term in which they are receiving HOPE scholarship or HOPE grant funds. A loan recipient shall not be eligible to receive loan assistance provided for in this paragraph for more than five academic years of study. Educational loans may be made to full-time and half-time students. Upon the recipient's attainment of a baccalaureate degree from an institution or cessation of status as an active member, whichever occurs first, the loan provided by this paragraph shall be discontinued. The loan provided by this paragraph may be suspended at the discretion of the authority for a recipient's failure to maintain good military standing as an active member or failure to maintain sufficient academic standing and good academic progress and program pursuit. Eoans made under this paragraph shall be repayable in cash, with interest thereon, or,

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upon satisfactory completion of a quarter, semester, year, or other period of study as determined by the authority; graduation; termination of enrollment in school; or termination of this assistance with approval of the authority, shall be canceled in consideration of the student's retaining membership in the Georgia National Guard during the period in which the loan is applicable. The adjutant general ofGeorgia shall certify eligibility and termination ofeligibility of students for educational loans and eligibility for cancellation of educational loans by members of the Georgia National Guard in accordance with regulations of the authority; (3) DOCTORS OF VETERINARY MEDICINE. The authority is authorized to make service cancelable educational loans to residents of Georgia who are enrolled in school in the field of doctor of veterinary medicine, including veterinary surgery, obstetrics, dentistry, and all other specialties of veterinary medicine. Loans may be made to students enrolled in a veterinary college or in a veterinary division of a university or college accredited by the American Veterinary Medical Association who are pursuing a program of study leading to the degree of doctor of veterinary medicine or its equivalent. The authority shall from time to time, by regulation, designate specialties within the veterinary science field that qualify for service cancelable loans under this paragraph. In designating the qualified specialties, the authority shall give preference to those specialties in which there are shortages of persons trained in that specialty in the State of Georgia. Loans made under this paragraph need not be limited to students attending a school located in the State of Georgia. However, any and all loans made under this paragraph shall be conditional upon the student agreeing that the loan shall be repaid by the student either:
(A) Practicing in the approved qualified field in a geographical area in the State of Georgia approved by the authority. For service repayment, the loan shall be repaid at a rate of one year of service for each academic year of study or its equivalent for which a loan is made to the student under this paragraph; or (B) In cash repayment with assessed interest thereon in accordance with the terms and conditions of a promissory note that shall be executed by the student. A geographical area for service repayment through services rendered shall not be approved unless the area is a rural or sparsely populated area of the state or in a community of 10,000 population or less according to the United States decennial census of 2000 or any future such census and experiencing a shortage of licensed veterinarians to meet the needs of owners or producers of farm animals used for or in connection with the production of commercial food products. If the loan is not repaid by services rendered, it must be repaid by the student in cash with interest thereon in accordance with the terms of the promissory note executed by the student; and (4) CRITICAE SHORTAGE FIELDS. The authority is authorized to make service cancelable educational loans to residents of the State of Georgia enrolled in any field of study that the authority, from time to time, designates by regulation as a field in which a critical shortage of trained personnel exists in the State of

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Georgia. Loans made under this paragraph need not be limited to students attending schools located within the State of Georgia. However, any and all loans made under this paragraph shall be conditional upon the student agreeing that the loan shall be repaid by the student either:
(A) Practicing in the designated field in a geographical area in the State of Georgia approved by the authority. For service repayment, the loan shall be repaid at a rate of one year of service for each academic year of study or its equivalent for which a loan is made to the student under this paragraph; or (B) In cash repayment with assessed interest thereon in accordance with the terms and conditions of a promissory note that shall be executed by the student. The authority is authorized to place other conditions and limitations on loans made under this paragraph as it may deem necessary to fill the void that has created the critical shortage in the field. (c) All students receiving loans under this Code section shall execute, prior to the disbursement of any loan proceeds to or for the benefit of that student, a promissory note containing the terms and conditions ofthe service repayment and cash repayments. (d) The total sum of service cancelable loans made by the authority in any fiscal year from state appropriations shall not exceed the amount of funds for such loan purposes specified in annual appropriations Acts. Funds in the service cancelable loan fund account that are not expended by the authority for service cancelable loans during any fiscal year shall become a part of the general loan fund account. (e) If the corporation, pursuant to Code Section 20-3-273, pays or has paid interest to the authority on a service cancelable loan made under this Code section, and if the borrower repays all or a portion of the loan through services rendered as provided for in this Code section, then the authority shall, in accordance with its regulations and in consideration of the services rendered by the borrower, repay to the corporation on behalf of the borrower all or a portion of the interest paid to the authority by the corporation under Code Section 20-3-273. To the extent that this subsection does not apply to all service cancelable loans made to a borrower pursuant to this Code section, the authority is authorized, for purposes of this subsection, to consider the loans made that are the subject of this subsection as being the earlier loans made to the borrower."
SECTION 9. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 10. All laws and parts of laws in conflict with this Act are repealed.
Approved May 14,2003.

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REVENUE - PREFERENTIAL ASSESSMENT; ENVIRONMENTAELY CONTAMINATED PROPERTY.
No. 28 (House Bill No. 531).
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 preferential assessment of environmentally contaminated property; to change certain provisions regarding definitions; to change certain provisions regarding assessment of property; to provide for procedures, conditions, and limitations regarding preferential assessment of environmentally contaminated property; to provide for penalties; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Article 1 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to general provisions regarding ad valorem taxation of property, is amended in Code Section 48-5-2 by adding a new subparagraph at the end of paragraph (3), to be designated subparagraph (F), to read as follows:
"(F) Fair market value of 'brownfield property' as such term is defined in subsection (a) of Code Section 48-5-7.6 means:
(i) Unless sooner disqualified pursuant to subsection (e) of Code Section 48-5-7.6, for the first ten years in which the property is classified as 'brownfield property,' the value equal to the lesser of the acquisition cost of the property or the appraised fair market value of the property as recorded in the county tax digest at the time application was made to the Environmental Protection Division of the Department of Natural Resources for participation under Article 9 of Chapter 8 of Title 12, the 'Hazardous Sites Reuse and Redevelopment Act,' as amended; (ii) Unless sooner disqualified pursuant to subsection (e) of Code Section 48-5-7.6, for the eleventh and following years, the fair market value of such property as determined by the provisions of this paragraph, excluding the provisions of this subparagraph."
SECTION 2. Said article is further amended in Code Section 48-5-7, relating to assessment of tangible property, by adding a new subsection immediately following subsection (c.3), to be designated subsection (c.4), to read as follows:
"(c.4) Tangible real property which qualifies as brownfield property pursuant to the provisions of Code Section 48-5-7.6 shall be assessed at 40 percent of its fair market value and shall be taxed on a levy made by each respective tax jurisdiction according to 40 percent of the property's fair market value. For the

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purposes of this subsection, the term 'fair market value' shall mean the fair market value of brownfield property pursuant to the provisions of subparagraph (F) of paragraph (3) of Code Section 48-5-2."
SECTION 3. Said article is further amended by adding a new Code section immediately following Code Section 48-5-7.5, to be designated Code Section 48-5-7.6, to read as follows:
"48-5-7.6.
(a)(l) For the purposes of this Code section, 'brownfield property' means tangible real property where:
(A) There has been a release of hazardous waste, hazardous constituents, and hazardous substances into the environment; and (B) The director of the Environmental Protection Division of the Department of Natural Resources, under Article 9 of Chapter 8 of Title 12, the 'Georgia Hazardous Site Reuse and Redevelopment Act,' as amended, has approved and not revoked said approval of the prospective purchaser's corrective action plan or compliance status report for such brownfield property; and (C) The director of the Environmental Protection Division of the Department of Natural Resources, under Article 9 of Chapter 8 of Title 12, the 'Georgia Hazardous Site Reuse and Redevelopment Act,' as amended, has issued and not revoked a limitation of liability certificate for the prospective purchaser; and (D) The Environmental Protection Division of the Department of Natural Resources has certified eligible costs of remediation pursuant to subsection (j) below. (2) The preferential classification and assessment of brownfield property provided for in this Code section shall apply to all real property qualified by the Environmental Protection Division of the Department of Natural Resources under Article 9 of Chapter 8 of Title 12, the 'Georgia Hazardous Site Reuse and Redevelopment Act,' as amended, and any subsequent improvements to said property. (3) 'Eligible brownfield costs' means costs incurred after July 1, 2003, and directly related to the receipt of a limitation of liability pursuant to Article 9 of Chapter 8 of Title 12, the 'Hazardous Sites Reuse and Redevelopment Act,' as amended, that are not ineligible costs. (4) 'Ineligible costs' means expenses of the following types: (A) Purchase or routine maintenance of equipment of a durable nature that is expected to have a period of service of one year or more after being put into use at the property without material impairment of its physical condition, unless the applicant can show that the purchase was directly related to the receipt of a limitation of liability, or the applicant can demonstrate that the equipment was a total loss and that the loss occurred during the activities required for receipt of applicant's limitation of liability

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pursuant to Article 9 of Chapter 8 of Title 12, the 'Hazardous Sites Reuse and Redevelopment Act,' as amended; (B) Materials or supplies not purchased specifically for obtaining a limitation of liability pursuant to Article 9 of Chapter 8 of Title 12, the 'Hazardous Sites Reuse and Redevelopment Act,' as amended; (C) Employee salaries and out-of-pocket expenses normally provided for in the property owner's operating budget (i.e. meals, fuel) and employee fringe benefits; (D) Medical expenses; (E) Legal expenses; (F) Other expenses not directly related to the receipt of a limitation of liability pursuant to Article 9 of Chapter 8 of Title 12, the 'Hazardous Sites Reuse and Redevelopment Act,' as amended; (G) Costs arising as a result of claims for damages filed by third parties against the property owner or its agents should there be a new release at the property during or after the receipt of a limitation of liability; (H) Costs resulting from releases after the purchase of qualified brownfield property that occur as a result of violation of state or federal laws, rules, or regulations; (I) Purchases of property; (J) Construction costs; (K) Costs associated with maintaining institutional controls after the certification of costs by the Environmental Protection Division of the Department of Natural Resources; and (L) Costs associated with establishing, maintaining or demonstrating financial assurance after the certification of costs by the Environmental Protection Division of the Department of Natural Resources. (5) 'Local taxing authority' means a county, municipal, school district, or any other local governing authority levying ad valorem taxes on a taxpayer's property. If a taxpayer's property is taxed by more than one such authority, the term 'local taxing authority' shall mean every levying authority. (6) Taxable base' means a value assigned to the brownfield property pursuant to the provisions of subparagraph (F) of paragraph (3) of Code Section 48-5-2. (7) Tax savings' means the difference between the amount of taxes paid on the taxable base and the taxes that would otherwise be due on the current fair market value of the qualified brownfield property. Tax savings run with the qualified brownfield property regardless of title transfer and shall be available until the brownfield property is disqualified pursuant to subsection (e) below. (b) In order for property to qualify under this Code section for preferential assessment as provided for in subsection (c.4) of Code Section 48-5-7, the applicant must receive the certifications required for brownfield property as defined in paragraph (1) of subsection (a) of this Code section. (c) Upon receipt of said certifications, a property owner desiring classification of any such contaminated property as brownfield property in order to receive the preferential assessment shall make application to the county board of tax assessors and include said certifications with such application. The county board

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of tax assessors shall determine if the provisions of this Code section have been complied with, and upon such determination, the county board of tax assessors shall be required to grant preferential assessment to such property. The county board oftax assessors shall make the determination within 90 days after receiving the application and shall notify the applicant in the same manner that notices of assessment are given pursuant to Code Section 48-5-306. Failure to timely make such determination or so notify the applicant pursuant to this subsection shall be deemed an approval of the application. Appeals from the denial of an application for preferential assessment by the board of tax assessors shall be made in the same manner that other property tax appeals are made pursuant to Code Section 48-5-311.
(d)(l) Property which has been classified by the county board of tax assessors as brownfield property shall be immediately eligible for the preferential assessment provided for in subsection (c.4) of Code Section 48-5-7; provided, however, that, for the purposes of determining the years of eligibility for preferential assessment, the tax year following the year in which the certification was filed with the county board of tax assessors pursuant to subsection (c) of this Code section shall be considered and counted as the first year of eligibility. (2) Property which is subject to preferential assessment shall be separately classified from all other property on the tax digest; and such separate classification shall be such as will enable any person examining the tax digest to ascertain readily that the property is subject to preferential assessment. (3) The local taxing authority shall enter upon the tax digest as the basis or value of a parcel of brownfield property a value equal to the lesser of the acquisition cost of the property or the assessment of the fair market value of the property as recorded in the county tax digest at the time application for participation in the Hazardous Site Reuse and Redevelopment Program was submitted to the Environmental Protection Division of the Department of Natural Resources under Article 9 of Chapter 8 of Title 12, the 'Georgia Hazardous Site Reuse and Redevelopment Act,' as amended. Property classified as brownfield property shall be recorded upon the tax digest as provided in this Code section for ten consecutive assessment years, unless sooner disqualified pursuant to subsection (e) of this Code section, and the notation 'brownfield property' shall be entered on the tax digest adjacent to the valuation of such property to indicate that the property is being preferentially assessed. The local taxing authority shall also enter upon the tax digest an assessment of the fair market value of the property each year, excluding the provisions of subparagraph (F) of paragraph (3) of Code Section 48-5-2. (e)(l) When property has once been classified and assessed as brownfield property, it shall remain so classified and be granted the preferential assessment until the property becomes disqualified by any one of the following:
(A) Written notice by the taxpayer to the local taxing authority to remove the preferential classification and assessment;

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(B) Sale or transfer of ownership to a person not subject to property taxation or making the property exempt from property taxation except a sale or transfer to any authority created by or pursuant to the Constitution of Georgia, statute or local legislation, including a development authority created pursuant to Code Section 36-62-4, constitutional amendment or local legislation, a downtown development authority created pursuant to Code Section 36-42-4, an urban redevelopment agency created pursuant to Code Section 36-61-18, a joint development authority created pursuant to Code Section 36-62-5.1 or a housing authority created pursuant to Code Section 8-3-4;
(C) Revocation of a limitation of liability by the Department of Natural Resources. The Department ofNatural Resources has the authority to revoke a limitation of liability pursuant to Article 9 of Chapter 8 of Title 12, the 'Georgia Hazardous Site Reuse and Redevelopment Act,' as amended. The sale or transfer to a new owner shall not operate to disqualify the property from preferential classification and assessment so long as the property continues to qualify as brownfield property, except as specified in subparagraph (B) of this paragraph; or (D) The expiration often years during which the property was classified and assessed as brownfield property; or (E) The tax savings accrued on the property equal the eligible brownfield costs certified by the Environmental Protection Division of the Department of Natural Resources and submitted to the local taxing authority. (2) Except as otherwise provided in this Code section, if a property becomes disqualified pursuant to subparagraph (C) ofthis subsection, the decertification shall be transmitted to the county board of tax assessors by the Environmental Protection Division ofthe Department ofNatural Resources and said assessors shall appropriately notate the property as decertified. Such property shall not be eligible to receive the preferential assessment provided for in this Code section during the taxable year in which such disqualification occurs. (f) After a qualified brownfield property begins to receive preferential tax treatment the property owner shall: (1) In a sworn affidavit, report his or her tax savings realized for each year to the local taxing authority. Such report shall include: (A) The number of years preferential tax treatment pursuant to this Code section has been received; (B) Total certified eligible brownfield costs; (C) Tax savings realized to date; (D) Transfers of eligible brownfield costs, if any; (E) Eligible brownfield costs remaining; (2) In the tax year in which the taxes otherwise due on the fair market value of the property exceed any remaining eligible brownfield costs, the taxpayer shall pay the taxes due on the fair market value of the property less any remaining eligible brownfield costs. (g) A qualified brownfield property may be transferred or leased and continue to receive preferential tax treatment if:

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(1) The transferee or lessee of the property is an entity required to pay ad valorem property tax on the qualified brownfield property or an interest therein; (2) The transferee or lessee complies with all of the requirements of this Code section; (3) The transferee or lessee meets the requirements of Code Section 12-8-206; (4) The transferee or lessee continues any and all activities, if any are required, for the continuation of a limitation of liability pursuant to Article 9 of Chapter 8 of Title 12, the 'Georgia Hazardous Site Reuse and Redevelopment Act,' as amended: (5) The transferee or lessee and the transferor notify the local taxing authority with respect to the transfer of the qualified brownfield property by filing a separate copy of the transfer with the local taxing authority no later than 90 days following the date of the transfer; (6) Failure to timely notify one local taxing authority shall not affect any timely notification to any other local taxing authority; and (7) The transfer of property shall not restart, reset or otherwise lengthen the period of preferential tax treatment pursuant to this Code section. (h) A qualified brownfield property may be subdivided into smaller parcels and continue to receive preferential tax treatment if: (1) All of the requirements of subsection (g) above are met; and (2) The transferee and transferor agree and jointly submit to the local taxing authority a sworn affidavit stating the eligible brownfield costs being transferred to the subdivided property, to wit:
(A) A transferor's report to the local taxing authority shall include: (i) The total certified eligible brownfield costs for the qualified brownfield property; (ii) The tax savings realized to date; (iii) The eligible brownfield costs being transferred; (iv) The number of years of preferential tax treatment pursuant to this Code section has been received; (v) The eligible brownfield costs remaining; (vi) A request to establish the taxable base of the transferred property and reestablish the taxable base for the retained property pursuant to paragraph (3) below.
(B) Failure to file a sworn affidavit with one local taxing authority shall not affect any sworn affidavit submitted to any other local taxing authority. (C) A transferee's first report to the local taxing authority shall include:
(i) A statement of the amount of the transferred eligible brownfield costs; (ii) The number of years of preferential tax treatment the property received prior to transfer (carry over from transferor); and (iii) A request to establish a taxable base for the property pursuant to paragraph (3) below. (D) Subsequent reports made by a transferee shall include the same information provided by property owners in paragraph (1) of subsection (f) of this Code section.

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(3) The taxable base for the subdivided property shall be established by the local taxing authority based on the ratio of acres purchased to total acres at the time of the establishment of the taxable base for the entire qualified brownfield property. Said ratio shall be applied to the taxable base as recorded in the county tax digest at the time the application was received by the Environmental Protection Division for participation in the Hazardous Site Reuse and Redevelopment Program. The taxable base on the retained qualified brownfield property shall be decreased by the amount of taxable base assigned to the subdivided portion of the property. (4) The subdivision of property shall not restart, reset, or otherwise lengthen the period of preferential tax treatment pursuant to this Code section, (i) In the year in which preferential tax treatment ends, the taxpayer shall be liable for any and all ad valorem taxes due on the property for which a certified eligible brownfield cost is not claimed as an offset. (j) The Environmental Protection Division of the Department of Natural Resources shall review the eligible costs submitted by the applicant/taxpayer and shall approve or deny those costs prior to those costs being submitted to the local tax authority. Eligible costs to be certified as accurate by the Environmental Protection Division shall be submitted by the applicant to the division at such time and in such form as is prescribed by the division. Eligible costs may be submitted for certification only once for each assessment or remediation undertaken pursuant to Article 9 of Chapter 8 of Title 12, the 'Hazardous Sites Reuse and Redevelopment Act,' as amended. The certification of costs shall be a decision of the director and may be appealed in accordance with subsection (c) of Code Section 12-2-2. (k) The taxing authority shall provide an appropriate form or forms or space on an existing form or forms to implement this Code section. (1) Taxpayers shall have the same rights to appeal from the determination of the taxable base and assessments and reassessments of qualified brownfield property as set out in Code Section 48-5-311. (m) A penalty shall be imposed under this subsection if during the special classification period the taxpayer fails to abide by the corrective action plan. The penalty shall be applicable to the entire tract which is the subject of the special classification and shall be twice the difference between the total amount of tax paid pursuant to preferential assessment under this Code section and the total amount of taxes which would otherwise have been due under this chapter for each completed or partially completed year of the special classification period. Any such penalty shall bear interest at the rate specified in Code Section 48-2-40 from the date the special classification is breached. (n) Penalties and interest imposed under this Code section shall constitute a lien against the property and shall be collected in the same manner as unpaid ad valorem taxes are collected. Such penalties and interest shall be distributed pro rata to each taxing jurisdiction wherein current use assessment under this Code section has been granted based upon the total amount by which such preferential assessment has reduced taxes for each such taxing jurisdiction on the property in question as provided in this Code section."

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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, 2003.
CRIMES - HIGHWAYS - METHAMPHETAMINE; AMPHETAMINE; ANHYDROUS AMMONIA.
No. 29 (Senate Bill No. 205).
AN ACT
To amend Title 16 of the Official Code of Georgia Annotated, relating to crimes and offenses, so as to provide for an increased criminal penalty with respect to the theft of anhydrous ammonia; to prohibit certain activities with respect to anhydrous ammonia; to provide for criminal penalties; to change certain provisions regarding the purchase, possession, manufacture, distribution, or sale of controlled substances or marijuana; to prohibit certain activities with respect to methamphetamine or amphetamine; to provide for criminal penalties; to amend Code Section 40-16-6 of the Official Code of Georgia Annotated, relating to civil monetary penalties, so as to provide for such penalties against persons who transport methamphetamine, amphetamine, or anhydrous ammonia; 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 16 of the Official Code of Georgia Annotated, relating to crimes and offenses, is amended by striking Code Section 16-8-12, relating to penalties for certain acts of theft, and inserting in its place a new Code Section 16-8-12 to read as follows:
"16-8-12. (a) A person convicted of a violation of Code Sections 16-8-2 through 16-8-9 shall be punished as for a misdemeanor except:
(1) If the property which was the subject of the theft exceeded $500.00 in value, by imprisonment for not less than one nor more than ten years or, in the discretion of the trial judge, as for a misdemeanor; (2) If the property was any amount of anhydrous ammonia, as defined in Code Section 16-11-111, by imprisonment for not less than one nor more than ten years, a fine not to exceed the amount provided by Code Section 17-10-8, or both;

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(3) If the property was taken by a fiduciary in breach of a fiduciary obligation or by an officer or employee of a government or a financial institution in breach of his or her duties as such officer or employee, by imprisonment for not less than one nor more than 15 years, a fine not to exceed the amount provided by Code Section 17-10-8, or both; (4) If the crime committed was a violation of Code Section 16-8-2 and if the property which was the subject of the theft was a memorial to the dead or any ornamentation, flower, tree, or shrub placed on, adjacent to, or within any enclosure of a memorial to the dead, by imprisonment for not less than one nor more than three years. Nothing in this paragraph shall be construed as to cause action taken by a cemetery, cemetery owner, lessee, trustee, church, religious or fraternal organization, corporation, civic organization, or club legitimately attempting to clean, maintain, care for, upgrade, or beautify a grave, gravesite, tomb, monument, gravestone, or other structure or thing placed or designed for a memorial of the dead to be a criminal act;
(5)(A) The provisions of paragraph (1) of this subsection notwithstanding, if the property which was the subject of the theft was a motor vehicle or was a motor vehicle part or component which exceeded $ 100.00 in value or if the theft or unlawful activity was committed in violation of subsection (b) of Code Section 10-1-393.5 or in violation of subsection (b) of Code Section 10-1-393.6 or while engaged in telemarketing conduct in violation of Chapter 5B of Title 10, by imprisonment for not less than one nor more than ten years or, in the discretion of the trial judge, as for a misdemeanor; provided, however, that any person who is convicted of a second or subsequent offense under this paragraph shall be punished by imprisonment for not less than one year nor more than 20 years. (B) Subsequent offenses committed under this paragraph, including those which may have been committed after prior felony convictions unrelated to this paragraph, shall be punished as provided in Code Section 17-10-7; (6)(A) As used in this paragraph, the term:
(i) 'Destructive device' means a destructive device as such term is defined by Code Section 16-7-80. (ii) 'Explosive' means an explosive as such term is defined by Code Section 16-7-80. (iii) 'Firearm' means any rifle, shotgun, pistol, or similar device which propels a projectile or projectiles through the energy of an explosive. (B) If the property which was the subject of the theft offense was a destructive device, explosive, or firearm, by imprisonment for not less than one nor more than ten years; or (7) If the property which was the subject of the theft is a grave marker, monument, or memorial to one or more deceased persons who served in the military service of this state, the United States of America or any of the states thereof, or the Confederate States of America or any of the states thereof, or a monument, plaque, marker, or memorial which is dedicated to, honors, or recounts the military service of any past or present military personnel of this state, the United States of America or any of the states thereof, or the

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Confederate States of America or any of the states thereof, and if such grave marker, monument, memorial, plaque, or marker is privately owned or located on privately owned land, by imprisonment for not less than one nor more than three years if the value of the property which was the subject of the theft is $300.00 or less, and by imprisonment for not less than three years and not more than five years if the value of the property which was the subject of the theft is more than $300.00. (b) Except as otherwise provided in paragraph (5) of subsection (a) of this Code section, any person who commits the offense of theft by deception when the property which was the subject of the theft exceeded $500.00 in value and the offense was committed against a person who is 65 years of age or older shall, upon conviction thereof, be punished by imprisonment for not less than five nor more than ten years. (c) Where a violation of Code Sections 16-8-2 through 16-8-9 involves the theft of a growing or otherwise unharvested commercial agricultural product which is being grown or produced as a crop, such offense shall be punished by a fine of not less than $500.00 and not more than the maximum fine otherwise authorized by law. This minimum fine shall not in any such case be subject to suspension, stay, or probation. This minimum fine shall not be required in any case in which a sentence of confinement is imposed and such sentence of confinement is not suspended, stayed, or probated; but this subsection shall not prohibit imposition of any otherwise authorized fine in such a case."
SECTION 2. Said title is further amended by adding a new Code section immediately following Code Section 16-11-110, to be designated Code Section 16-11-111, to read as follows:
"16-11-111.
(a)(l) As used in this Code section, the term 'anhydrous ammonia' means any substance identified to contain the compound ammonia which is capable of being utilized in the production of methamphetamine or any other controlled substance. (2) A person commits the crime of unlawful possession of anhydrous ammonia if the person:
(A) Purchases, possesses, transfers, or distributes any amount of anhydrous ammonia knowing that the anhydrous ammonia will be used unlawfully to manufacture a controlled substance; (B) Possesses, maintains, or transports any quantity of anhydrous ammonia in a container or receptacle other than a tank truck, tank trailer, rail tank car, bulk storage tank, field (nurse) tank, field applicator, or any container approved for anhydrous ammonia by the Department of Agriculture or the United States Department of Transportation; or (C) Tampers with equipment manufactured to hold, apply, or transport anhydrous ammonia without the express consent of the owner of the equipment.

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(3)(A) A person who violates subparagraph (B) of paragraph (2) of this subsection shall be subjectto civil penalties in accordance with Code Section 40-16-6.
(B) Any person who violates this Code section shall, upon conviction thereof, be punished by imprisonment for not less than one year nor more than ten years and by a fine not to exceed $100,000.00."
SECTION 3. Said title is further amended by adding a new Code Section immediately following Code Section 16-13-30.2, to be designated Code Section 16-13-30.3, to read as follows:
"16-13-30.3.
(a) As used in this Code section, the term: (1) 'Ephedrine,' 'pseudoephedrine,' and 'phenylpropanolamine' mean any drug product containing ephedrine, pseudoephedrine, or phenylpropanolamine, or any of their salts, isomers, or salts of isomers, alone or in a mixture. (2) 'Personal use' means the sale in a single transaction to an individual customer for a legitimate medical use of a product containing ephedrine, pseudoephedrine, or phenylpropanolamine in quantities at or below that specified in subsection (b) of this Code section, and includes the sale of those products to employers to be dispensed to employees from first-aid kits or medicine chests. (3) 'Retail distributor1 means a grocery store, general merchandise store, drugstore, convenience store, or other related entity, the activities of which involve the distribution of ephedrine, pseudoephedrine, or phenylpropanolamine products. (b)( 1) It is unlawful for any person, other than a person or entity described in paragraph (28), (29), or (33) of Code Section 26-4-5 or a retail distributor, to knowingly possess any product that contains ephedrine, pseudoephedrine, or phenylpropanolamine in an amount which exceeds 300 pills, tablets, gelcaps, capsules, or other individual units or more than 9 grams of ephedrine, pseudoephedrine, or phenylpropanolamine, their salts, isomers, or salts of isomers, or a combination of any of these substances, whichever is smaller. (2) It shall be unlawful for any person to possess any amount of a substance set forth in this Code section with the intent to manufacture amphetamine or methamphetamine. (3) Any person who violates the provisions of this Code section shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for not less than one year nor more than ten years,
(c) This Code section shall not apply to: (1) Pediatric products primarily intended for administration to children under 12 years of age, according to label instructions, either: (A) In solid dosage form whose recommended dosage, according to label instructions, does not exceed 15 milligrams of ephedrine, pseudoephedrine, or phenylpropanolamine per individual dosage unit; or

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(B) In liquid form whose recommended dosage, according to label instructions, does not exceed 15 milligrams of ephedrine, pseudoephedrine, or phenylpropanolamine per five milliliters of liquid product; (2) Pediatric liquid products primarily intended for administration to children under two years of age for which the recommended dosage does not exceed two milliliters and the total package content does not exceed one fluid ounce; or (3) Products that the State Board of Pharmacy, upon application of a manufacturer, exempts by rule from this Code section because the product has been formulated in such a way as to prevent effectively the conversion of the active ingredient into methamphetamine or its salts or precursors. (d) Except as authorized by this article, it is unlawful for any person to possess, have under his or her control, manufacture, deliver, distribute, dispense, administer, purchase, sell, or possess with intent to distribute any substance containing any amounts of ephedrine, pseudoephedrine, phenylpropanolamine, or any of their salts, optical isomers, or salts of optical isomers which have been altered from their original condition so as to be powdered, liquefied, or crushed. This subsection shall not apply to any of the substances identified within this subsection which are possessed or altered for a legitimate medical purpose. Any person who violates this subsection shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for not less than one year or more than ten years."
SECTION 4. Said title is further amended by striking Code Section 16-13-31, relating to the manufacture and trafficking of certain illegal drugs and substances, and inserting in its place a new Code Section 16-13-31, to read as follows:
"16-13-31.
(a)( 1) Any person who knowingly sells, manufactures, delivers, or brings into this state or who is knowingly in possession of 28 grams or more of cocaine or of any mixture with a purity of 10 percent or more of cocaine, as described in Schedule II, in violation of this article commits the felony offense of trafficking in cocaine and, upon conviction thereof, shall be punished as follows:
(A) If the quantity of the cocaine or the mixture involved is 28 grams or more, but less than 200 grams, the person shall be sentenced to a mandatory minimum term of imprisonment of ten years and shall pay a fine of $200,000.00; (B) If the quantity of the cocaine or the mixture involved is 200 grams or more, but less than 400 grams, the person shall be sentenced to a mandatory minimum term of imprisonment of 15 years and shall pay a fine of $300,000.00; and (C) If the quantity of the cocaine or the mixture involved is 400 grams or more, the person shall be sentenced to a mandatory minimum term of imprisonment of 25 years and shall pay a fine of $1 million.

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(2) Any person who knowingly sells, manufactures, delivers, or brings into this state or who is knowingly in possession of any mixture with a purity of less than 10 percent of cocaine, as described in Schedule II, in violation of this article commits the felony offense of trafficking in cocaine if the total weight of the mixture multiplied by the percentage of cocaine contained in the mixture exceeds any of the quantities of cocaine specified in paragraph (1) of this subsection. Upon conviction thereof, such person shall be punished as provided in paragraph (1) of this subsection depending upon the quantity of cocaine such person is charged with knowingly selling, manufacturing, delivering, or bringing into this state or knowingly possessing. (b) Any person who knowingly sells, manufactures, delivers, brings into this state, or has possession of 4 grams or more of any morphine or opium or any salt, isomer, or salt of an isomer thereof, including heroin, as described in Schedules I and II, or 4 grams or more of any mixture containing any such substance in violation of this article commits the felony offense of trafficking in illegal drugs and, upon conviction thereof, shall be punished as follows: (1) If the quantity of such substances involved is 4 grams or more, but less than 14 grams, the person shall be sentenced to a mandatory minimum term of imprisonment of five years and shall pay a fine of $50,000.00; (2) If the quantity of such substances involved is 14 grams or more, but less than 28 grams, the person shall be sentenced to a mandatory minimum term of imprisonment often years and shall pay a fine of $100,000.00; and (3) If the quantity of such substances involved is 28 grams or more, the person shall be sentenced to a mandatory minimum term of imprisonment of 25 years and shall pay a fine of $500,000.00. (c) Any person who knowingly sells, manufactures, grows, delivers, brings into this state, or has possession of a quantity of marijuana exceeding 50 pounds commits the offense of trafficking in marijuana and, upon conviction thereof, shall be punished as follows: (1) If the quantity of marijuana involved is in excess of 50 pounds, but less than 2,000 pounds, the person shall be sentenced to a mandatory minimum term of imprisonment of five years and shall pay a fine of $100,000.00; (2) If the quantity of marijuana involved is 2,000 pounds or more, but less than 10,000 pounds, the person shall be sentenced to a mandatory minimum term of imprisonment of seven years and shall pay a fine of $250,000.00; and (3) If the quantity of marijuana involved is 10,000 pounds or more, the person shall be sentenced to a mandatory minimum term of imprisonment of 15 years and shall pay a fine of $1 million. (d) Any person who knowingly sells, manufactures, delivers, or brings into this state 200 grams or more of methaqualone or of any mixture containing methaqualone, as described in paragraph (6) of Code Section 16-13-25, in violation of this article commits the felony offense of trafficking in methaqualone and, upon conviction thereof, shall be punished as follows: (1) If the quantity of the methaqualone or the mixture involved is 200 grams or more, but less than 400 grams, the person shall be sentenced to a mandatory

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minimum term of imprisonment of five years and shall pay a fine of $50,000.00; and (2) If the quantity of the methaqualone or the mixture involved is 400 grams or more, the person shall be sentenced to a mandatory minimum term of imprisonment of 15 years and shall pay a fine of $250,000.00. (e) Any person who knowingly sells, delivers, or brings into this state or has possession of 28 grams or more of methamphetamine, amphetamine, or any mixture containing either methamphetamine or amphetamine, as described in Schedule II, in violation of this article commits the felony offense of trafficking in methamphetamine or amphetamine and, upon conviction thereof, shall be punished as follows: (1) If the quantity of methamphetamine, amphetamine, or a mixture containing either substance involved is 28 grams or more, but less than 200 grams, the person shall be sentenced to a mandatory minimum term of imprisonment of ten years and shall pay a fine of $200,000.00; (2) Ifthe quantity ofmethamphetamine, amphetamine, or a mixture containing either substance involved is 200 grams or more, but less than 400 grams, the person shall be sentenced to a mandatory minimum term of imprisonment of 15 years and shall pay a fine of $300,000.00; and (3) If the quantity of methamphetamine, amphetamine, or a mixture containing either substance involved is 400 grams or more, the person shall be sentenced to a mandatory minimum term of imprisonment of 25 years and shall pay a fine of $1 million. (f) Any person who knowingly manufactures methamphetamine, amphetamine, or any mixture containing either methamphetamine or amphetamine, as described in Schedule II, in violation of this article commits the felony offense of trafficking methamphetamine or amphetamine and, upon conviction thereof, shall be punished as follows: (1) If the quantity of methamphetamine, amphetamine, or a mixture containing either substance involved is less than 200 grams, the person shall be sentenced to a mandatory minimum term of imprisonment often years and shall pay a fine of $200,000.00; (2) If the quantity of methamphetamine, amphetamine, or a mixture containing either substance involved is 200 grams or more, but less than 400 grams, the person shall be sentenced to a mandatory minimum term of imprisonment of 15 years and shall pay a fine of $300,000.00; and (3) If the quantity of methamphetamine, amphetamine, or a mixture containing either substance involved is 400 grams or more, the person shall be sentenced to a mandatory minimum term of imprisonment of 25 years and shall pay a fine of $1 million. (g)(l) Except as provided in paragraph (2) of this subsection and notwithstanding Code Section 16-13-2, with respect to any person who is found to have violated this Code section, adjudication of guilt or imposition of sentence shall not be suspended, probated, deferred, or withheld prior to serving the mandatory minimum term of imprisonment prescribed by this Code section.

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(2) The district attorney may move the sentencing court to impose a reduced or suspended sentence upon any person who is convicted of a violation of this Code section and who provides substantial assistance in the identification, arrest, or conviction of any of his accomplices, accessories, coconspirators, or principals. Upon good cause shown, the motion may be filed and heard in camera. The judge hearing the motion may impose a reduced or suspended sentence if he finds that the defendant has rendered such substantial assistance. (h) Any person who violates any provision of this Code section in regard to trafficking in cocaine, illegal drugs, marijuana, or methamphetamine shall be punished by imprisonment for not less than five years nor more than 30 years and by a fine not to exceed $1 million."
SECTION 5. Code Section 40-16-6 of the Official Code of Georgia Annotated, relating to civil monetary penalties, is amended by adding a new subsection at the end thereof, to be designated subsection (d), to read as follows:
"(d)( 1) As used in this subsection, the term 'anhydrous ammonia1 means any substance identified to contain the compound ammonia which is capable of being utilized in the production of methamphetamine or any other controlled substance. (2) Any person, firm, or corporation transporting methamphetamine, amphetamine, any mixture containing either methamphetamine or amphetamine, anhydrous ammonia, or any mixture containing anhydrous ammonia shall be subject to all rules and regulations promulgated by the commissioner pursuant to Code Section 46-7-26 governing the safe operation of motor vehicles and drivers and the safe transportation of hazardous materials. (3) Notwithstanding the provisions of subsection (a) of this Code section, the commissioner may impose civil monetary penalties in an amount not to exceed $25,000.00 for each violation of any rules and regulations promulgated pursuant to Code Section 46-7-26 with respect to persons transporting methamphetamine, amphetamine, any mixture containing either methamphetamine or amphetamine, anhydrous ammonia, or any mixture containing anhydrous ammonia."
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 15,2003.

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EDUCATION - ADVANCED PLACEMENT FEES; TEST QUESTION REEEASE; ALTERNATE ASSESSMENTS; EXPENDITURE CONTROLS; CLASS SIZE; SALES TAX AUDITS.
No. 30 (Senate Bill No. 249).
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 revise provisions relating to payment of fees for advanced placement tests; to revise a provision relating to the release of questions from certain tests; to delete a provision that students with alternate assessments shall not count for accountability purposes; to change certain provisions regarding expenditure controls for the 2003-2004 school year; to provide for certain reports; to change certain provisions regarding maximum class size for the 2003-2004 school year; to provide for automatic repeal; to change certain provisions regarding funding for additional days of instruction; to provide that when certain sales taxes for educational purposes are imposed, each board of education expending proceeds of the tax shall undergo a performance audit or performance review of such expenditures; to provide for contracts for such performance audit or review; 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 20 of the Official Code of Georgia Annotated, relating to education, is amended by striking subsection (g) of Code Section 20-2-161.1, relating to enrollment in postsecondary courses, and inserting in its place a new subsection (g) to read as follows:
"(g) The department shall pay the fees charged for advanced placement tests according to rules set by the State Board of Education subject to appropriation by the General Assembly."
SECTION 2. Said chapter is further amended by inserting a new Code section to be designated Code Section 20-2-167.1 to read as follows:
"20-2-167.1. (a) For the purposes of the 2003-2004 school year only, the following changes to Code Section 20-2-167 shall apply:
(1) Except as otherwise provided in paragraph (2) of this subsection, for each program identified in Code Section 20-2-161, each local school system shall spend 100 percent of funds designated for direct instructional costs on the direct instructional costs of such program on one or more of the programs identified in Code Section 20-2-161 at the system level, with no requirement

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that the school system spend any specific portion of such funds at the site where such funds were earned. (2) Direct instruction funds for the kindergarten early intervention program, the primary grades early intervention program, the upper elementary grades early intervention program, the remedial education program, and the alternative education program shall be expended on one or more of these programs at the system level, with no requirement that the school system spend any specific portion of such funds at the site where such funds were earned. (3) Each local school system shall spend 100 percent of the funds designated for media center costs for such costs at the system level, and 100 percent of the funds designated for media materials for media materials at the system level. (4) Funds allocated for staff development may be spent for any program approved under the 'Quality Basic Education Act.' (5) Each local school system shall report to the Department of Education its budgets and expenditures in accordance with this Code section with expenditures based in the preceding school year for each school site as a part of its report in October for the FTE count and on March 15. (b) Except as otherwise provided by subsection (a) of this Code section, Code Section 20-2-167 shall apply during the 2003-2004 school year. (c) No penalty shall apply for failure to comply with expenditure controls set out in Code Section 20-2-167 that are contrary to this Code section, notwithstanding any law to the contrary, as long as the local school system complies with this Code section. (d) Nothing in this Code section shall be construed to repeal any other provision of Code Section 20-2-167 or this chapter, or to apply to any time period other than the fiscal year beginning July 1, 2003, and ending June 30, 2004. (e) This Code section shall be automatically repealed July 1, 2004."
SECTION 3. Said title is further amended in Code Section 20-2-281, relating to effectiveness assessment, by striking subsections (d) and (f) and inserting in lieu thereof the following:
"(d)(l) The State Board of Education shall develop or adopt alternate assessments to be administered to each student receiving special education services pursuant to Code Section 20-2-152 who does not receive instruction in the essential knowledge and skills identified in the quality core curriculum developed pursuant to Code Section 20-2-140 and for whom the assessment instruments adopted under subsection (a) of this Code section, even with allowable modifications, would not provide an appropriate measure of student achievement, as determined by the student' s Individualized Education Program team. A student's Individualized Education Program may serve as an alternate assessment for that student. (2) A student's Individualized Education Program team shall determine appropriate participation in assessment and identify necessary accommodations in accordance with the federal Individuals with Disabilities Education Act."

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"(f) Under rules adopted by the State Board of Education, the Department of Education shall, subject to appropriations by the General Assembly, release some or all of the questions and answers to each criterion-referenced competency test administered under subsection (a) of this Code section after the last time the instrument is administered for a school year."
SECTION 4. Said title is further amended in Code Section 20-2-182, relating to program weights, by striking subsection (i) and inserting in its place three new subsections to read as follows:
"(i) The State Board of Education shall adopt for each instructional program authorized pursuant to Part 3 of this article and the middle school program provided for in Code Section 20-2-290 the maximum number of students which may be taught by a teacher in an instructional period. Such maximum class sizes shall be equal to or greater than the teacher-student ratios used in the calculation of the program weights as set forth in subsection (b) of Code Section 20-2-161 but shall not exceed the funding class size, by more than 20 percent, unless specifically authorized by the State Board of Education; provided, however, that in no case shall the 20 percent maximum be exceeded for mathematics, science, social studies, or English classes; provided, further, that the maximum class size for kindergarten and grades one through three shall not exceed 20 percent over the funding ratio except for art, music, or physical education classes; provided, further, that the maximum class size for special education, gifted, and English for speakers of other languages classes shall be set by the State Board of Education. For a period not to exceed four years, beginning with the 2000-2001 school year, local school systems shall be allowed to exceed the maximum class sizes set forth in this subsection in a manner consistent with State Board of Education rules. The State Board of Education shall lower the current maximum class sizes set by state board rules in effect for the 1999-2000 school year, beginning with the 2000-2001 school year, by a proportional amount each school year so that, beginning with the 2003-2004 school year, State Board of Education rules are in compliance with this subsection except as otherwise provided in subsection (k) of this Code section for the 2003-2004 school year only. An aide may be used in programs to increase class size as allowed by State Board of Education rule, except that an aide shall not be used to increase the maximum class size in kindergarten or grades one through three, except as otherwise provided in subsection (k) of this Code section for the 2003-2004 school year only. The maximum class size for the kindergarten and primary grades programs is defined as the number of students in a physical classroom. Maximum class sizes that result in a fractional full-time equivalent shall be rounded up to the nearest whole number as needed. The middle school program shall use the teacher-student ratio of the middle grades program for the purpose of this subsection. The number of students taught by a teacher at any time after the first 15 school days of a school year may not exceed the maximum such number unless authorization for a specific larger number is requested of the state board, along with the educational justification for granting the requested exemption, and the state board has

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approved said request. The state board shall not reduce class sizes without the authorization of the General Assembly if this reduction necessitates added costs for facilities, personnel, and other program needs. Local boards of education may reduce class sizes, build additional facilities, and provide other resources at local cost if such actions are in the best interest of the local school systems' programs as determined by the local boards of education. (j) In its report of the initial full-time equivalent program count required by subsection (a) of Code Section 20-2-160, each local school system shall report to the Department of Education the number of students in each class in each school as of the date of the initial enrollment count; for schools where students change classes during the school day, the local school system shall report the number of students in each class period. Each local school system shall also report to the Department of Education by March 15 of each school year the number of students in each class in each school as of the first Monday in March; for schools where students change classes during the school day, the local school system shall report the number of students in each class period, (k) For the 2003-2004 school year, the maximum class sizes set by the State Board of Education for the 2002-2003 school year shall apply for grades four through 12. For the 2003-2004 school year, the maximum class sizes set by the State Board of Education for the 2003-2004 school year shall apply to kindergarten and grades one through three, except that a kindergarten class may be increased to 20 students if a paraprofessional is present in addition to the certificated teacher. For the 2003-2004 school year, compliance with maximum class size requirements shall be determined by the system average for kindergarten and for each grade and no class shall exceed the applicable maximum size by more than two students. Except as otherwise provided in this subsection, other provisions of this Code section shall apply. This subsection shall not be construed to repeal any other provision of this Code section or this chapter, or to apply to any period of time other than the fiscal year beginning July 1, 2003, and ending June 30, 2004. This subsection shall be automatically repealed July 1,2004."
SECTION 5. Said title is further amended by striking Code Section 20-2-184.1, relating to funding for additional days of instruction, and inserting in its place a new Code Section 20-2-184.1 to read as follows:
"20-2-184.1.
The program weights for the kindergarten, kindergarten early intervention, primary, primary grades early intervention, upper elementary, upper elementary grades early intervention, middle grades, middle school, and remedial programs and the program weights for the high school programs authorized pursuant to paragraph (4) of subsection (b) of Code Section 20-2-151, when multiplied by the base amount, shall reflect sufficient funds to pay the beginning salaries for instructors needed to provide 20 additional days of instruction for 10 percent of the full-time equivalent count of the respective program. Such funds shall be used for addressing the academic needs of low-performing students with

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programs including, but not limited to, instructional opportunities for students beyond the regular school day, Saturday classes, intersession classes, and summer school classes. Following the midterm adjustment, the state board shall issue allotment sheets for each local school system. Each local school system shall spend 100 percent of the funds designated for additional days of instruction for such costs at the system level. Up to 15 percent of funds designated for additional days of instruction may be spent for transportation costs incurred for transporting students who are attending the additional classes funded by these designated funds."
SECTION 6. Said chapter is further amended by inserting a new Code section to be designated Code Section 20-2-491 to read as follows:
"20-2-491.
(a) When a sales tax for educational purposes is imposed for capital outlay projects as provided in Part 2 of Article 3 of Chapter 8 of Title 48 and such tax generates or is reasonably anticipated to generate annualized proceeds of $5 million per year or more, the expenditure of tax proceeds shall be subject to an ongoing performance audit or performance review as provided in this Code section; but this Code section shall not apply if such tax generates annualized proceeds below $5 million. (b) Each local board of education expending tax proceeds for capital outlay projects shall provide for a continuing performance audit or performance review of the expenditure of such funds. The local board of education shall contract with an outside auditor, consultant, or other provider for such performance audit or performance review. The performance audit or performance review contract shall:
(1) Include a goal of ensuring to the maximum extent possible that the tax funds are expended efficiently and economically, so as to secure to the expending school district the maximum possible benefit from the tax dollars collected; (2) Provide for the issuance of periodic public reports, not less often than once annually, with respect to the extent to which expenditures are meeting the goal specified in paragraph (1) of this subsection; and (3) Provide for the issuance of periodic public recommendations, not less often than once annually, for improvements in meeting the goal specified in paragraph (1) of this subsection. (c) The auditor, consultant, or other provider to carry out the performance audit or performance review shall be selected through a public request for proposals process. The cost of the performance audit or performance review may be paid from the proceeds of the sales tax for educational purposes or any other available funds of the local school system. (d) The performance audit or review shall be required when the sales tax for educational purposes is imposed in whole or in part for capital outlay projects but shall not be required when the sales tax for educational purposes is imposed for the sole purpose of retirement of previously incurred general obligation debt.

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(e) The requirements of this Code section shall apply with respect to any sales tax for educational purposes which is in effect on July 1, 2003, as well as any sales tax for educational purposes imposed or reimposed on or after that date."
SECTION 7. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 8. All laws and parts of laws in conflict with this Act are repealed.
Approved May 20, 2003.
REVENUE - FARM EQUIPMENT; INVENTORY EXEMPTION.
No. 31 (House Bill No. 527).
AN ACT
To amend Article 10 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to the ad valorem taxation of motor vehicles and mobile homes, so as to provide that farm equipment held in inventory for resale shall be exempt from taxation; to provide for definitions; 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 10 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to the ad valorem taxation of motor vehicles and mobile homes, is amended by adding at the end thereof a new Part 5 to read as follows:
"PART 5
48-5-504. (a) As used in this Code section the term:
(1) 'Dealer' means any person who is engaged in the business of selling farm equipment at retail. (2) 'Farm equipment' means any vehicle as defined in Code Section 40-1-1 which is self-propelled and which is designed and used primarily for agricultural, horticultural, or livestock raising operations. (b) Self-propelled farm equipment which is owned by a dealer and held in inventory for sale or resale shall constitute a separate subclassification of motor

____________GEORGIA LAWS 2003 SESSION________191
vehicle within the motor vehicle classification oftangible property for ad valorem taxation purposes. The procedures prescribed in this chapter for returning self-propelled farm equipment for ad valorem taxation, determining the application rates for taxation, and collecting the ad valorem taxes imposed on self-propelled farm equipment do not apply to self-propelled farm equipment which is owned by a dealer and held in inventory for sale or resale. Such self-propelled farm equipment which is owned by a dealer and held in inventory for sale or resale shall not be returned for ad valorem taxation, shall not be taxed, and no taxes shall be collected on such self-propelled farm equipment until it is transferred and then otherwise, if at all, becomes subject to taxation as provided in this chapter."
SECTION 2. This Act shall become effective on January 1, 2004, and shall be applicable to all taxable years beginning on or after that date.
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.
Approved May 22, 2003.
CRIMINAL PROCEDURE - GEORGIA INDIGENT DEFENSE ACT.
No. 32 (House Bill No. 770).
AN ACT
To amend Title 17 of the Official Code of Georgia Annotated, relating to criminal procedure, so as to enact the "Georgia Indigent Defense Act"; to provide a short title; to define certain terms; to create the Georgia Public Defender Standards Council; to provide for membership, appointment, and terms of office; to provide for duties; to provide for a director of the council and the director's duties and responsibilities; to provide for continuing legal education; to provide for a report of activities; to provide that such council shall assume all duties, responsibilities, liabilities, assets, and obligations of the Georgia Indigent Defense Council; to provide that the Georgia Indigent Defense Council shall be abolished; to provide for a transition; to provide for the appointment of a circuit public defender in each judicial circuit; to provide for eligibility; to provide for the appointment of conflict counsel; to provide for the representation of indigent persons in certain cases; to provide for duties of a circuit public defender; to provide for a salary; to prohibit the practice of law for profit; to provide for reimbursement of expenses; to provide for a budget; to provide for the appointment of assistant public defenders and their salaries; to provide for the appointment of investigators and their salaries; to

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provide for the filling of a vacancy in office; to provide for the employment of staff; to provide for the status of employees as public employees; to provide for additional positions paid for by counties; to provide that no attorney employed full time by the circuit public defender shall engage in the private practice of law for profit; to provide for the provision of offices and facilities by counties; to provide for contracting with the circuit public defender; to provide for the removal of a circuit public defender for cause; to provide for alternative systems for the delivery of criminal defense for indigent persons; to provide for conditions and procedures; to authorize third-year law students to assist circuit public defenders; to provide qualifications; to provide for the office of the multicounty public defender; to provide for legal status; to provide that the Georgia Public Defender Standards Council shall be responsible for such office; to provide for the appointment of multicounty public defenders; to provide for salaries and a budget; to provide for the employment of personnel; to provide for transition; to provide for the defense of persons accused of a capital felony; to provide for the office of the capital defender; to provide for legal status; to provide that the Georgia Public Defender Standards Council shall be responsible for such office; to provide for the appointment of capital defenders; to provide for salaries and a budget; to provide for the employment of personnel; to provide for transition; to provide for the defense of persons accused of a capital felony; to provide for the office of mental health advocacy; to provide that such office shall be a continuation of the mental health advocacy division of the Georgia Indigent Defense Council; to provide for a budget; to provide for the employment of personnel; to provide for the representation of persons adjudged or alleging insanity; to continue in effect the laws relating to the defense of indigents in capital cases for a certain period of time; to provide for the appointment of defense attorneys; to provide for representation upon appeal; to provide for reimbursement; to amend Title 15 of the Official Code of Georgia Annotated, relating to courts, so as to change certain references; to amend Title 16 of the Official Code of Georgia Annotated, relating to crimes and offenses, so as to change certain references; to amend Title 35 of the Official Code of Georgia Annotated, relating to law enforcement officers and agencies, so as to change certain references; to amend Code Section 36-32-1 of the Official Code of Georgia Annotated, relating to the establishment of municipal courts, punishments, and the selection, election, or appointment of the mayor pro tempore or recorder pro tempore, so as to provide for certain defense of indigent persons; 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 17 of the Official Code of Georgia Annotated, relating to criminal procedure, is amended by striking Chapter 12, relating of the legal defense of indigents, and inserting in lieu thereof the following:

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"CHAPTER 12 ARTICLE 1
17-12-1. (a) This chapter shall be known and may be cited as the 'Georgia Indigent Defense Act of 2003.' (b) The Georgia Public Defender Standards Council shall be an independent agency within the judicial branch of state government. (c) The council shall be responsible for assuring that adequate and effective legal representation is provided, independently of political considerations or private interests, to indigent persons who are entitled to representation under this chapter.
17-12-2. As used in this chapter, the term:
(1) 'Assistant public defender' means an attorney who is employed by any circuit public defender or conflict defender office. (2) 'Circuit public defender' means the head of a public defender office providing indigent defense representation within any given judicial circuit of this state. (3) 'Circuit public defender office' means the office of any of the several circuit public defenders. (4) 'Council' means the Georgia Public Defender Standards Council. (5) 'Public defender' means an attorney who is employed in a circuit public defender office or conflict defender office or who represents an indigent person pursuant to this chapter.
17-12-3. (a) There is created the Georgia Public Defender Standards Council to be composed of 11 members. (b) The membership of the council shall be appointed as follows:
(1) Two members shall be appointed by the Governor, the Lieutenant Governor, the Speaker of the House of Representatives, the Chief Justice of the Supreme Court of Georgia, and the Chief Judge of the Georgia Court of Appeals as further set forth in paragraph (2) of this subsection. The members of the council shall be individuals with significant experience working in the criminal justice system or who have demonstrated a strong commitment to the provision of adequate and effective representation of indigent defendants. These members shall serve terms of four years; (2) The members appointed pursuant to paragraph (1) of this subsection shall be chosen so that each of the ten judicial administration districts in the state are represented and so that each appointing authority shall rotate the particular judicial administration district for which he or she is responsible for appointing. The appointments shall be as follows:

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(A) For the initial appointments: (i) The Governor shall appoint one person who resides in judicial administration district 1 and one person who resides in judicial administration district 2; (ii) The Lieutenant Governor shall appoint one person who resides in judicial administration district 3 and one person who resides in judicial administration district 4; (iii) The Speaker of the House of Representatives shall appoint one person who resides in judicial administration district 5 and one person who resides in judicial administration district 6; (iv) The Chief Justice of the Supreme Court of Georgia shall appoint one person who resides in judicial administration district 7 and one person who resides in judicial administration district 8; and (v) The Chief Judge of the Georgia Court of Appeals shall appoint one person who resides in judicial administration district 9 and one person who resides in judicial administration district 10;
(B) For the first subsequent council appointments: (i) The Governor shall appoint one person who resides in judicial administration district 3 and one person who resides in judicial administration district 4; (ii) The Lieutenant Governor shall appoint one person who resides in judicial administration district 5 and one person who resides in judicial administration district 6; (iii) The Speaker of the House of Representatives shall appoint one person who resides in judicial administration district 7 and one person who resides in judicial administration district 8; (iv) The Chief Justice of the Supreme Court of Georgia shall appoint one person who resides in judicial administration district 9 and one person who resides in judicial administration district 10; and (v) The Chief Judge of the Georgia Court of Appeals shall appoint one person who resides in judicial administration district 1 and one person who resides in judicial administration district 2;
(C) For the second subsequent council appointments: (i) The Governor shall appoint one person who resides in judicial administration district 5 and one person who resides in judicial administration district 6; (ii) The Lieutenant Governor shall appoint one person who resides in judicial administration district 7 and one person who resides in judicial administration district 8; (iii) The Speaker of the House of Representatives shall appoint one person who resides in judicial administration district 9 and one person who resides in judicial administration district 10; (iv) The Chief Justice of the Supreme Court of Georgia shall appoint one person who resides in judicial administration district 1 and one person who resides in judicial administration district 2; and

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(v) The Chief Judge of the Georgia Court of Appeals shall appoint one person who resides in judicial administration district 3 and one person who resides in judicial administration district 4; (D) For the third subsequent council appointments: (i) The Governor shall appoint one person who resides in judicial administration district 7 and one person who resides in judicial administration district 8; (ii) The Lieutenant Governor shall appoint one person who resides in judicial administration district 9 and one person who resides in judicial administration district 10; (iii) The Speaker of the House of Representatives shall appoint one person who resides in judicial administration district 1 and one person who resides in judicial administration district 2; (iv) The Chief Justice of the Supreme Court of Georgia shall appoint one person who resides in judicial administration district 3 and one person who resides in judicial administration district 4; and (v) The Chief Judge of the Georgia Court of Appeals shall appoint one person who resides in judicial administration district 5 and one person who resides in judicial administration district 6; and (E) For the fourth subsequent council appointments: (i) The Governor shall appoint one person who resides in judicial administration district 9 and one person who resides in judicial administration district 10; (ii) The Lieutenant Governor shall appoint one person who resides in judicial administration district 1 and one person who resides in judicial administration district 2; (iii) The Speaker of the House of Representatives shall appoint one person who resides in judicial administration district 3 and one person who resides in judicial administration district 4; (iv) The Chief Justice of the Supreme Court of Georgia shall appoint one person who resides in judicial administration district 5 and one person who resides in judicial administration district 6; and (v) The Chief Judge of the Georgia Court of Appeals shall appoint one person who resides in judicial administration district 7 and one person who resides in judicial administration district 8. All subsequent appointments shall continue on, with the entire cycle starting over again as specified in subparagraph (A) of this paragraph; (3) In addition, there shall be one circuit public defender who shall serve on the council. After the initial appointments as set forth in paragraph (4) of this subsection, the circuit public defender to serve on the council shall be elected by a majority vote of all the circuit public defenders. The circuit public defender council member shall serve terms of two years; (4) All initial appointments shall be made to become members of the council on July 1, 2003, and their successors shall become members of the council on July 1 following their appointment. Notwithstanding the provisions of paragraph (3) of this subsection, the initial member representing the circuit

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public defenders shall be made by the Supreme Court of Georgia. The person representing the circuit defender position on the initial council shall be engaged on a full-time basis in the provision of criminal defense to the indigent; (5) Any vacancy for a member appointed pursuant to paragraphs (1) and (3) of this subsection shall be filled by the appointing authority; and (6) Any vacancy for a member appointed pursuant to paragraph (2) of this subsection shall be the successor to the circuit public defender as set forth in subsection (d) of Code Section 17-12-21. (c) In making these appointments, the appointing authorities shall seek to identify and appoint persons who represent a diversity of backgrounds and experience, and shall solicit suggestions from the State Bar of Georgia, state and local bar associations, the Georgia Association of Criminal Defense Lawyers, the councils representing the various categories of state court judges in Georgia, and the Prosecuting Attorneys' Council of the State of Georgia, as well as from the public and other interested organizations and individuals within the state. (d) This Code section shall become effective on July 1, 2003, for purposes of making the initial appointments to the council.
17-12-4.
(a) The council: (1) Shall be a legal entity; (2) Shall have perpetual existence; (3) May contract; (4) May own property; (5) May accept funds, grants, and gifts from any public or private source, which shall be used to defray the expenses incident to implementing its purposes; (6) May adopt and use an official seal; (7) May establish a principal office; (8) Shall appoint a director; (9) May hire such administrative and clerical personnel as may be necessary and appropriate to fulfill its purposes; and (10) Shall have such other powers, privileges, and duties as may be reasonable and necessary for the proper fulfillment of its purposes.
(b) The council shall establish auditing procedures as may be required in connection with the handling of public funds. The state auditor is authorized and directed to make an annual audit of the transactions of the council and to make a complete report of the same to the General Assembly. The report shall disclose all moneys received by the council and all expenditures made by the council, including administrative expense. The state auditor shall also make an audit of the affairs of the council at any time when requested to do so by a majority of the council or by the Chief Justice of the Supreme Court of Georgia. (c) The council may not provide compensation from its funds to any administrative or clerical personnel employed by the council if the personnel are then receiving retirement compensation from any retirement or pension fund created by Title 47 to provide compensation for past services as a judicial officer,

_____________GEORGIA LAWS 2003 SESSION___________197
prosecuting attorney, indigent defense attorney, court officer, or law enforcement officer except for county or municipal retirement funds.
17-12-5.
(a) To be eligible for appointment as the council's director, a candidate shall be a member in good standing of the State Bar of Georgia with at least three years' experience in the practice of law. The director shall be selected on the basis of training and experience and such other qualifications as the council deems appropriate. The director shall serve at the pleasure of the council and may be removed by a majority vote of the entire council. The council shall establish the director's salary.
(b)( 1) The director shall work with and provide support services and programs for circuit public defender offices and other attorneys representing indigent persons in criminal or juvenile cases in order to improve the quality and effectiveness of legal representation of such persons and otherwise fulfill the purposes of this chapter. Such services and programs shall include, but shall not be limited to, technical, research, and administrative assistance; educational and training programs for attorneys, investigators, and other staff; assistance with the representation of indigent defendants with mental disabilities; assistance with the representation of juveniles; and assistance with appellate advocacy. (2) The director, with the consent of the council, may establish divisions within the office to administer the services and programs as may be necessary to fulfill the purposes of this chapter. (3) The director may hire such staff employees and may contract with outside consultants on behalf of the office as may be necessary to provide the services contemplated by this chapter, (c) The director shall: (1) Prepare and submit to the council a proposed budget for the council. Said budget shall not contain any request for funding for the operation of the circuit public defender offices until the budget submission for Fiscal Year 2005. The director shall also prepare and submit an annual report containing pertinent data on the operations, costs, and needs of the council, and such other information as the council may require; (2) Develop such rules, policies, procedures, regulations, and standards as may be necessary to carry out the provisions of this chapter and comply with all applicable laws, standards, and regulations, and submit these to the council for approval; (3) Administer and coordinate the operations of the council and supervise compliance with rules, policies, procedures, regulations, and standards adopted by the council; (4) Maintain proper records of all financial transactions related to the operation of the council; (5) At the director's discretion, solicit and accept on behalf of the council any funds that may become available from any source, including government, nonprofit, or private grants, gifts, or bequests;

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(6) Coordinate the services of the council with any federal, county, or private programs established to provide assistance to indigent persons in cases subject to this chapter and consult with professional bodies concerning the implementation and improvement of programs for providing indigent services; (7) Provide for the training of attorneys and other staff involved in the legal representation of persons subject to this chapter; (8) Attend all council meetings, except those meetings or portions thereof that address the question of appointment or removal of the director; (9) Ensure that the expenditures of the council are not greater than the amounts budgeted or available from other revenue sources; and (10) Perform other duties as the council may assign.
17-12-6.
(a) The council shall assist the public defenders throughout the state in their efforts to provide adequate legal defense to the indigent. Assistance may include:
(1) The preparation and distribution of a basic defense manual and other educational materials; (2) The preparation and distribution of model forms and documents employed in indigent defense; (3) The promotion of and assistance in the training of indigent defense attorneys; (4) The provision of legal research assistance to public defenders; and (5) The provision of such other assistance to public defenders as may be authorized by law. (b) The council: (1) Shall be the fiscal officer for the circuit public defender offices; and (2) Shall collect, maintain, review, and publish records and statistics for the purpose of evaluating the delivery of indigent defense representation in Georgia.
17-12-7.
(a) All members of the council shall at all times act in the best interest of indigent defendants who are receiving legal representation under the provisions of this chapter. (b) All members of the council shall be entitled to vote on any matter coming before the council unless otherwise provided by law or by rules adopted by the council concerning conflicts of interest. (c) Each member of the council shall serve until a successor has been appointed. Removal of council members shall be for cause and shall be in accordance with policies and procedures adopted by the council. (d) Unless otherwise provided in this article, a quorum shall be a majority of the members of the council who are then in office, and decisions of the council shall be by majority vote of the members present, except that a majority of the entire council must approve the appointment or removal of the chairperson or removal of a circuit public defender for cause pursuant to Code Section 17-12-20 and an

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alternative delivery system pursuant to Code Section 17-12-36 and other matters as set forth in Code Section 17-12-36. (e) The council shall meet at least quarterly and at such other times and places as it deems necessary or convenient for the performance of its duties. (f) The council shall elect a chairperson and such officers from the members of the council as it deems necessary and shall adopt such rules for the transaction of its business as it desires. The chairperson and officers shall serve for a term of two years and may be removed without cause by a vote of two-thirds of the members of the entire council and for cause by a majority vote of the entire council. The chairperson shall retain a vote on all matters except those in which the chairperson has a conflict of interest or the removal of the chairperson for cause. The council shall keep and maintain minutes of all council meetings. (g) The members of the council shall receive no compensation for their services but shall be reimbursed for their actual expenses incurred in the performance of their duties as members of the council. Any expenses incurred by the council shall be paid from the general operating budget of the council.
17-12-8.
(a) The council shall approve the development and improvement of programs which provide legal representation to indigent persons and juveniles. (b) The council shall approve and implement programs, services, rules, policies, procedures, regulations, and standards as may be necessary to fulfill the purposes and provisions of this article and to comply with all applicable laws governing the rights of indigent persons accused of violations of criminal law. Standards shall include, but shall not be limited to, the following:
(1) Standards for maintaining and operating circuit defender offices, including requirements regarding qualifications, training, and size of the legal and supporting staff of such offices; (2) Standards prescribing minimum experience, training, and other qualifications for appointed counsel where a conflict of interest arises between the public defender and an indigent person; (3) Standards for assistant public defender and appointed counsel caseloads; (4) Standards for the performance of assistant public defenders and appointed counsel representing indigent persons; (5) Standards and procedures for the appointment of independent, competent, and efficient counsel for representation in both the trial and appellate courts of indigent persons whose cases present conflicts of interest; (6) Standards for providing and compensating experts, investigators, and other persons who provide services necessary for the effective representation of indigent persons; (7) Standards for qualifications and performance of counsel representing indigent persons in capital cases; (8) Standards for determining indigence and for assessing and collecting the costs of legal representation and related services; (9) Standards for compensation of attorneys appointed to represent indigent persons under this article;

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(10) Standards for removing a circuit public defender for cause pursuant to Code Section 17-12-20; (11) Standards for a uniform definition of a'case' for purposes of determining caseload statistics; and (12) Standards for accepting contractual indigent defense representation.
17-12-9. The council shall be authorized to conduct or approve for credit or reimbursement, or both, basic and continuing legal education courses or other appropriate training programs for the circuit public defenders or their staff members. The council, in accordance with such rules as it shall adopt, shall be authorized to provide reimbursement, in whole or in part, for the actual expenses incurred by any circuit public defender or their staff members in attending any approved course or training program from funds as may be appropriated or otherwise made available to the council. Notwithstanding any other provision of law, the circuit public defenders or their staff members shall be authorized to receive reimbursement for actual expenses incurred in attending approved courses or training programs, provided that no person shall be entitled to claim reimbursement under both this Code section and Code Section 17-12-26. The council shall adopt rules governing the approval of courses and training programs for credit or reimbursement as may be necessary to administer this Code section properly.
17-12-10. (a) The council shall prepare annually a report of its activities in order to provide the General Assembly, the Governor, and the Supreme Court of Georgia with an accurate description and accounting of the preceding year's expenditures and accomplishments. (b) The council shall also provide to the General Assembly, the Governor, and the Supreme Court of Georgia a detailed analysis of all grants and funds, whether public or private, applied for or granted, together with how and in what manner the same are to be utilized and expended.
17-12-11. (a) On December 31,2003, the Georgia Public Defender Standards Council shall assume all powers, duties, and obligations of the Georgia Indigent Defense Council created by former Code Section 17-12-31, and all references in this Code to the Georgia Indigent Defense Council shall be deemed to be references to the Georgia Public Defender Standards Council. Such powers shall include, without limitation, making grants and distributions to the counties. (b) At least 90 percent of all state appropriated funds to the former Georgia Indigent Defense Council or the Georgia Public Defender Standards Council shall be distributed to counties for the January 1, 2004, through December 31, 2004, time period, based upon previous year expenditures for the provision of defense services at the local level.

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(c) On December 31, 2003, the employees in good standing, assets, and resources of the Georgia Indigent Defense Council shall be transferred to the Georgia Public Defender Standards Council, and the council shall assume any executory contractual obligations of the Georgia Indigent Defense Council, provided that allocated funding resources for such obligations are also transferred. All full-time employees of the Georgia Public Defender Standards Council shall be state employees in the unclassified service of the State Merit System of Personnel Administration with all of the benefits of appointed state employees provided by law.
17-12-12. From January 1,2005, through December 31,2005, the Georgia Public Defender Standards Council shall coordinate the transition from the procedures for providing criminal defense to indigent persons in effect on December 31, 2004, in each county to the procedures provided in Article 1 of this chapter. On and after January 1, 2005, the provisions of Article 1 of this chapter shall govern the public provision of criminal defense to indigent persons in the courts ofthis state.
17-12-13. This article shall become effective on December 31,2003, except as specified in Code Section 17-12-3.
ARTICLE 2
17-12-20. (a) There is created in each judicial circuit in the state a circuit public defender selection panel to be composed of five members. The membership shall be composed of one member each appointed by the Governor, the Lieutenant Governor, the Speaker of the House of Representatives, the Chief Justice of the Supreme Court of Georgia, and the chiefjudge ofthe superior court ofthe circuit. Members of the circuit public defender selection panel shall be individuals with significant experience working in the criminal justice system or who have demonstrated a strong commitment to the provision of adequate and effective representation of indigent defendants. Members of the circuit public defender selection panel shall reside in the judicial circuit in which he or she serves. The circuit public defender selection panel members shall serve for a term of five years. Any vacancy for an appointed member shall be filled by the appointing authority. (b) By majority vote of its membership, the circuit public defender selection panel shall appoint the circuit public defender in the circuit as provided in this article. The first such appointments shall be made to take office on January 1, 2005, for terms of up to four years. The initial appointments shall be for a term of up to four years. (c) A circuit public defender may be removed for cause by a majority vote of the council.

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(d) If a vacancy occurs for the position of circuit public defender, the chiefjudge of the superior court of the circuit shall appoint an interim circuit public defender to serve until the circuit public defender selection panel has appointed a replacement to serve out the unexpired term of office. The circuit public defender selection panel shall appoint a replacement circuit public defender within three months of the occurring of the vacancy.
17-12-21. To be eligible to fill the position of circuit public defender, a person must:
(1) Have attained the age of 25 years; (2) Have been duly admitted and licensed to practice law in the superior courts for at least three years; (3) Be a member in good standing of the State Bar of Georgia; and (4) If previously disbarred from the practice of law, have been reinstated as provided by law.
17-12-22. (a) The council shall establish a procedure for providing legal representation in cases where the circuit public defender office has a conflict of interest. This procedure may be by appointment of individual counsel on a case-by-case basis or by the establishment of a conflict defender office in those circuits where the volume of cases may warrant a separate conflict defender office. (b) Attorneys who seek appointment in conflict cases must have such experience or training in the defense of criminal cases as is necessary in light of the complexity of the case to which they are appointed and must meet such qualifications and standards for the representation of indigent defendants as are established by the council. (c) The circuit public defender shall establish a method for identifying conflicts of interest at the earliest possible opportunity.
17-12-23. (a) The circuit public defender shall provide representation in the following actions and proceedings:
(1) Any case prosecuted in a superior court under the laws of the State of Georgia in which there is a possibility that a sentence of imprisonment or probation or a suspended sentence of imprisonment may be adjudged; (2) A hearing on a revocation of probation in a superior court; (3) Any juvenile court case where the juvenile may face a disposition of confinement, commitment, or probation; and (4) Any direct appeal of any of the proceedings enumerated in paragraphs (1) through (3) of this subsection. (b) In each of the actions and proceedings enumerated in subsection (a) of this Code section, entitlement to the services of counsel begins as soon as is feasible and no more than 72 hours after the indigent person is taken into custody or service is made upon him or her of the charge, petition, notice, or other initiating process.

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(c) Each circuit public defender shall establish a juvenile division within the circuit public defender office to specialize in the defense of juveniles. (d) A city, county, or consolidated government may contract with the circuit public defender office for the provision of criminal defense for indigent persons accused of violating city, county, or consolidated government ordinances or state laws. If a city, county, or consolidated government does not contract with the circuit public defender office, the city, county, or consolidated government shall be subject to all applicable standards adopted by the council for representation of indigent persons in this state.
17-12-24. (a) The council shall establish guidelines for determining the financial eligibility of persons claiming indigence, and the circuit public defender and any other person or entity providing indigent defense services shall use the guidelines to determine the financial eligibility of any person or juvenile arrested, detained, or charged in any manner that would entitle him or her to representation under this article. (b) The circuit public defenders shall administer and coordinate the day-to-day operations of their respective offices and shall supervise the assistant public defenders and other staff serving in the office. (c) The circuit public defender shall keep and maintain appropriate records, which shall include the number of persons represented under this article, including cases assigned to other counsel based on conflict of interest; the offenses charged; the outcome of each case; the expenditures made in carrying out the duties imposed by this article; and any other information requested by the council.
17-12-25. (a) Each circuit public defender shall receive an annual salary and cost-of-living adjustments from state funds as prescribed by the council. (b) The county or counties comprising the judicial circuit may supplement the salary of the circuit public defender in an amount as is or may be authorized by local Act or in an amount as may be determined by the governing authority of the county or counties, whichever is greater. (c) No circuit public defender shall engage in the private practice of law for profit.
17-12-26. (a) The council shall prepare and submit to the Judicial Council of Georgia an annual proposed budget necessary for fulfilling the purposes of this article in accordance with Code Section 45-12-78. The budget request shall be based on the previous year's expenditures and budget requests submitted by each circuit public defender, the multicounty public defender office or its successor, and the office of the mental health advocate. The council's budget shall not contain any request for funding for the operation of the circuit public defender offices nor any other funding related to funding for this article until the budget submission for

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Fiscal Year 2005. The council is also authorized to seek, solicit, apply for, and utilize funds from any public or private source to use in fulfilling the purposes of this article. (b) The budget of the council shall include the budget of all circuit public defenders and other offices and entities, including conflict defender offices and appointed attorneys providing indigent defense representation under the authority of this article and the multicounty public defender office and the office of the mental health advocate. (c) The director of the Administrative Office of the Courts shall provide general administrative support, which shall include purchasing, payroll, and similar administrative services, to the council. (d) The director of the Administrative Office of the Courts shall not reduce or modify the budget of the council and may not in any manner use funds appropriated to or otherwise designated for the council.
(e)(l) Subject to the provisions of paragraphs (3) and (4) of this subsection, expenses paid by the council pursuant to this Code section shall be paid out of funds as may be appropriated by the General Assembly. (2) On or before June 1 of each year, the council shall establish and furnish to each circuit public defender and the state auditor the travel budget for each judicial circuit based on the amount appropriated by the General Assembly for travel. (3) In determining the travel budget for each judicial circuit, the council shall consider the budget request submitted by the circuit public defender of each judicial circuit, the geographic size and the caseload of each circuit, and other facts as may be relevant. The council is authorized to establish a contingency reserve of not more than 3 percent of the total amount appropriated by the General Assembly in order to meet any expenses which could not be reasonably anticipated. The council shall submit to each circuit public defender, the state auditor, and the legislative budget analyst a monthly report showing the budget amount of expenditures made under the travel budget. The council may periodically review and adjust the travel budget as may be necessary to carry out the purposes of this subsection. (4) Neither the circuit public defender nor any personnel compensated by the state pursuant to the provisions of this article shall be reimbursed from state funds for any expenses for which the person has been reimbursed from funds other than state funds; provided, however, that the governing authority of the county or counties comprising the judicial circuit are authorized to provide travel advances or to reimburse expenses which may be incurred by the person in the performance of his or her official duties to the extent the expenses are not reimbursed by the state as provided in this Code section.
17-12-27. (a) Subject to the provisions of this Code section, the circuit public defender in each judicial circuit is authorized to appoint:
(1) One assistant public defender for each superior court judge authorized for the circuit, excluding the chiefjudge and senior judges; and

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(2) Subject to funds being appropriated by the General Assembly or otherwise available, additional assistant public defenders as may be authorized by the council. In authorizing additional assistant public defenders, the council shall consider the caseload, present staff, and resources available to each circuit public defender, and shall make authorizations as will contribute to the efficiency of individual circuit public defenders and the effectiveness of providing adequate legal defense for indigent defendants. (b) Each assistant public defender appointed pursuant to subsection (a) of this Code section shall be classified based on education, training, and experience. The classes of assistant public defenders and the minimum qualifications required for appointment or promotion to each class shall be established by the council based on education, training, and experience and in accordance with the provisions of Code Sections 17-12-30 and 17-12-34. (c) Each assistant public defender appointed pursuant to this Code section shall be compensated based on a salary schedule established in accordance with subsection (c) of Code Section 17-12-30. The salary range for each class established in accordance with subsection (b) of this Code section shall be as follows: (1) Assistant public defender I. Not less than $38,124.00 nor more than 65 percent of the compensation of the circuit public defender; (2) Assistant public defender II. Not less than $40,884.00 nor more than 70 percent of the compensation of the circuit public defender; (3) Assistant public defender III. Not less than $45,108.00 nor more than 80 percent of the compensation of the circuit public defender; and (4) Assistant public defender IV. Not less than $52,176.00 nor more than 90 percent of the compensation of the circuit public defender. (d) All personnel actions involving attorneys appointed pursuant to this Code section shall be made by the circuit public defender in writing in accordance with the provisions of Code Section 17-12-30. (e)(l) All salary advancements shall be based on quality of work, education, and performance. (2) The salary of an assistant public defender appointed pursuant to this Code section may be advanced one step at the first of the calendar month following the anniversary of his or her appointment. (3) Any assistant public defender who, subsequent to his or her appointment pursuant to this Code section, is awarded an LL.M. or S.J.D. degree by a law school recognized by the State Bar of Georgia from which a graduate of or student enrolled therein is permitted to take the bar examination or by a law school accredited by the American Bar Association or the Association of American Law Schools may be advanced two salary steps effective on the first day of the calendar month following the award of the degree, provided that such advancement does not exceed the maximum of the salary range applicable to the attorney's class. (f) Any assistant public defender appointed pursuant to this Code section may be promoted to the next highest class at any time the attorney meets the minimum qualifications for such class, but in order to be eligible for promotion, the

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attorney shall have served not less than 12 months in the class from which the attorney is to be promoted. When an assistant public defender is promoted to the next highest class, the assistant public defender shall enter the higher class at the salary step which provides an annual salary nearest to, but greater than, the annual salary the assistant public defender was receiving immediately prior to the promotion. (g) All full-time employees of the office of the circuit public defender shall be state employees in the unclassified service of the State Merit System of Personnel Administration with all benefits of such appointed state employees as provided by law.
17-12-28. (a) Subject to the provisions of this Code section, the circuit public defender in each judicial circuit is authorized to appoint one investigator to assist the circuit public defender in the performance of his or her official duties in the preparation of cases for trial. Subject to funds being appropriated by the General Assembly or otherwise available, the circuit public defender in each judicial circuit may appoint additional investigators as may be authorized by the council. In authorizing additional investigators, the council shall consider the caseload, present staff, and resources available to each circuit public defender, and shall make authorizations as will contribute to the efficiency of individual circuit public defenders and the effectiveness of circuit public defenders throughout the state in providing adequate legal defense for indigent defendants. (b) An investigator appointed pursuant to this Code section shall be not less than 21 years of age and shall serve at the pleasure of the circuit public defender. (c) An investigator appointed pursuant to this Code section shall:
(1) Assist the attorneys within the office of the circuit public defender in the preparation of cases for preliminary hearings, pretrial hearings, and trial; and (2) Perform other duties as are required by the circuit public defender. (d) Each investigator appointed pursuant to this Code section shall be compensated based on a salary schedule established pursuant to Code Section 17-12-30. The salary range for the investigator appointed pursuant to this Code section shall be not less than $30,828.00 nor more than 70 percent of the compensation of the circuit public defender from state funds. (e)(l) Except as otherwise provided in this subsection, an investigator appointed pursuant to this Code section shall be appointed initially to the entry grade of the general pay schedule. (2) Any person who is employed in a nonstate paid investigator's position within the office of the circuit public defender may be transferred to a state paid position. Such transfer shall be to the salary step which is based on the number of years the person has served in the investigator position as if the person had been initially appointed pursuant to this Code section. (3) Any person who is employed as a peace officer by an agency of the executive branch of state government who is appointed as an investigator pursuant to this Code section without a break in service may be appointed to

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the salary step which is one step above the annual salary the person received on the last day of employment immediately preceding said appointment. (4) Any person who was a certified peace officer employed on a full-time basis by this state, the United States or any of the several states, or a political subdivision or authority thereof, may be appointed to the salary step above the entry level based on one step for every three years' experience as a full-time certified peace officer. (f) Personnel appointed pursuant to this Code section shall be reimbursed for actual expenses incurred in the performance of their official duties in accordance with the provisions of Code Section 17-12-26.
17-12-29. (a) Each circuit public defender is authorized to employ administrative, clerical, and paraprofessional personnel as may be authorized by the council based on funds appropriated by the General Assembly or otherwise available; provided, however, that each circuit public defender shall be authorized not less than two such personnel. In authorizing administrative, clerical, and paraprofessional personnel, the council shall consider the caseload, present staff, and resources available to each circuit public defender, and shall make authorizations as will contribute to the efficiency of individual circuit public defenders in providing effective criminal defense for indigent defendants. (b) Personnel appointed pursuant to this Code section shall be compensated based on a salary schedule developed in accordance with Code Section 17-12-30. (c) All personnel actions involving personnel appointed pursuant to this Code section shall be in accordance with the provisions of Code Section 17-12-30.
17-12-30. (a) All state paid personnel employed by the circuit public defenders pursuant to this article shall be employees of the judicial branch of state government in accordance with Article VI, Section VIII of the Constitution of Georgia and shall be in the unclassified service of the State Merit System of Personnel Administration. (b) Personnel employed by the circuit public defenders pursuant to this article shall have the authority, duties, powers, and responsibilities as are authorized by law or as assigned by the circuit public defender and shall serve at the pleasure of the circuit public defender.
(c)( 1) The council shall establish salary schedules for each state paid position authorized by this article or any other provision of law. Salary schedules shall be similar to the general and special schedules adopted by the State Merit System of Personnel Administration and shall provide for a minimum entry step and not less than ten additional steps, not to exceed the maximum allowable salary. In establishing the salary schedule, all amounts will be rounded off to the nearest whole dollar. The council may, from time to time, revise the salary schedule to include across-the-board increases which the General Assembly may from time to time authorize in the General Appropriations Act.

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(2) The circuit public defender shall fix the compensation of each state paid employee appointed pursuant to this article in accordance with the class to which the person is appointed and the appropriate step of the salary schedule. (3) All salary advancements shall be based on quality of work, training, and performance. The salary of state paid personnel appointed pursuant to this article may be advanced one step at the first of the calendar month following the annual anniversary of the person's appointment. No employee's salary shall be advanced beyond the maximum established in the applicable pay schedule. (4) Any reduction in salary shall be made in accordance with the salary schedule for the position and the policies, rules, or regulations adopted by the council. (5) The compensation of state paid personnel appointed pursuant to this article shall be paid in equal installments by the Department of Administrative Services as provided by this subsection from funds appropriated for such purpose. The council may, with the consent of the Department of Administrative Services, authorize employees compensated pursuant to this Code section to participate in voluntary salary deductions as provided by Article 3 of Chapter 7 of Title 45. (6) The governing authority of the county or counties comprising a judicial circuit may supplement the salary or fringe benefits of any state paid position appointed pursuant to this article. (7) The governing authority of any municipality within the judicial circuit may, with the approval of the circuit public defender, supplement the salary or fringe benefits of any state paid position appointed pursuant to this article.
17-12-31. (a) The circuit public defender in each judicial circuit may employ additional assistant circuit public defenders, deputy circuit public defenders, or other attorneys, investigators, paraprofessionals, clerical assistants, and other employees or independent contractors as may be provided for by local law or as may be authorized by the governing authority of the county or counties comprising the judicial circuit. The circuit public defender shall define the duties and fix the title of any attorney or other employee of the office of the circuit public defender. (b) Personnel employed by the circuit public defender pursuant to this Code section shall serve at the pleasure of the circuit public defender and shall be compensated by the county or counties comprising the judicial circuit, the manner and amount of compensation to be paid to be fixed either by local Act or by the circuit public defender with the approval of the county or counties comprising the judicial circuit.
17-12-32. The governing authority of any county or municipality within the judicial circuit which provides additional personnel for the office of circuit public defender may contract with the Department of Administrative Services to provide such

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additional personnel in the same manner as is provided for state paid personnel in this article. Any such personnel shall be considered state employees and shall be entitled to the same fringe benefits as other state paid personnel employed by the circuit public defender pursuant to this article. The governing authority of such county or municipality shall transfer to the department such funds as may be necessary to cover the compensation, benefits, travel, and other expenses for such personnel.
17-12-33. (a) Any assistant public defender or other attorney at law employed full time by the circuit public defender who is compensated in whole or in part by state funds shall not engage in the private practice of law for profit. (b) Any assistant public defender or any other attorney at law employed by the circuit public defender shall be a member of the State Bar of Georgia and shall be admitted to practice before the appellate courts of this state. The assistant public defender shall serve at the pleasure of the circuit public defender, and shall have such authority, powers, and duties as may be assigned by the circuit public defender.
17-12-34. The governing authority of the county shall provide, in conjunction and cooperation with the other counties in the judicial circuit and in a pro rata share according to the population of each county, appropriate offices, utilities, telephone expenses, materials, and supplies as may be necessary to equip, maintain, and furnish the office or offices of the circuit public defender in an orderly and efficient manner. The provisions of an office, utilities, telephone expenses, materials, and supplies shall be subject to the budget procedures required by Article 1 of Chapter 81 of Title 36.
17-12-35. A circuit public defender office may contract with and may accept funds and grants from any public or private source.
17-12-36. (a) The council may permit a judicial circuit composed of a single county to continue in effect an alternative delivery system to the one set forth in this article if:
(1) The delivery system has a full-time director and staff and had been fully operational for at least two years on July 1, 2003; (2) The council, by majority vote of the entire council, determines that the delivery system meets or exceeds its standards, including, without limitation, caseload standards, as the council adopts; (3) The governing authority of the county comprising the judicial circuit enacts a resolution expressing its desire to continue its delivery system and transmits a copy of such resolution to the council not later than September 30, 2004; and

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(4) The governing authority of the county comprising the judicial circuit enacts a resolution agreeing to fully fund its delivery system. (b) A judicial circuit composed of a single county may request an alternative delivery system only one time, which request shall be made on or before September 30, 2004. (c) The council shall make a final determination with regard to continuation of an alternative delivery system not later than December 31, 2004. Initial and subsequent approvals of alternative delivery systems shall be by a majority vote of the entire council. (d) Any circuit whose alternative delivery system is disapproved at any time shall be governed by the provisions of this article other than this Code section. (e) In the event an alternative delivery system is approved, the council shall annually review the operation of such system and determine whether such system is meeting the standards as established by the council and is eligible to continue operating as an approved alternative delivery system. (f) In the event an alternative delivery system is approved, it shall keep and maintain appropriate records, which shall include the number of persons represented; the offenses charged; the outcome of each case; the expenditures made in providing services; and any other information requested by the council.
17-12-37. This article shall become effective on January 1, 2005; provided, however, that the council and the circuit public defender selection panels shall be authorized to take administrative actions as may be necessary or appropriate to prepare for and phase-in full implementation of this article on or after December 31, 2003.
ARTICLE 3
17-12-40. As used in this article, the term:
(1) 'Circuit public defender' means any circuit public defender of this state or assistants of such officer. (2) 'Criminal proceeding' means any investigation, trial, juvenile proceeding, adjudicatory hearing, or other legal proceeding by which a person's liability for a crime is investigated or determined, commencing with the investigation and including the final disposition of the case. (3) 'Law school' means a law school within or outside this state which is approved by the American Bar Association or which is authorized to operate under Code Section 20-3-250.8. (4) 'Staff instructor' means a full-time professional staff instructor of a law school in this state who has been admitted to the bar of another state but who has not yet been admitted to the bar of this state. (5) Third-year law student' means a student regularly enrolled and in good standing in a law school within or outside this state who has satisfactorily completed at least two-thirds of the requirements for the first professional

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degree in law (J.D. or its equivalent) in not less than four semesters or six quarters of residence.

17-12-41. An authorized third-year law student or staff instructor, when under the supervision of a circuit public defender, may assist in criminal proceedings within this state as if admitted and licensed to practice law in this state except that all pleadings and other entries of record must be signed by a circuit public defender or by his or her duly appointed assistant and that, in the conduct of a trial or other criminal proceeding, a circuit public defender or his or her duly appointed assistant must be physically present.

17-12-42. A third-year law student or staff instructor may be authorized to assist a circuit public defender in such form and manner as the judge of the court may prescribe, taking care that the requirements of this article and the good moral character of the third-year law student or staff instructor are properly certified by the dean of the law school.

17-12-43. As to each third-year law student or staff instructor authorized to assist a circuit public defender, there shall be kept on file in the office of the clerk of the court in the county where such authority is to be exercised the dean's certificate, the student's and instructor's oaths, and the judge's order as contemplated under Code Section 17-12-42. The authority to assist a circuit public defender as allowed under this Code section shall extend for no longer than 18 months. If during this period any change occurs in the status of the student or instructor at the law school in which he or she was enrolled or employed, that is, if the student ceases his or her enrollment, is suspended, or is expelled or if the instructor ceases his or her employment or is released by the school, any such authority shall terminate and be revoked.

17-12-44. Any third-year law student or staff instructor authorized to assist a circuit public defender under this Code section is not required to possess the qualifications for appointment to the office of circuit public defender or appointment as an assistant circuit public defender as provided in Article 1 of this chapter.

17-12-45. This article shall become effective on January 1, 2005.

ARTICLE 4

17-12-80. As used in this article, the term 'office' means the office of the mental health advocacy created by this article.

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17-12-81. There is created the office of mental health advocacy for the purpose of undertaking the representation of indigent persons found not guilty by reason of insanity at the time of the crime in any court in this state. The office shall serve all counties of this state. The office shall be a direct successor of the mental health advocacy division of the Georgia Indigent Defense Council created by former Code Section 17-12-45 and all powers, duties, and obligations of such division shall become the powers, duties, and obligations of the office. The employees, assets, and resources of the mental health advocacy division of the Georgia Indigent Defense Council shall be transferred to the office. All references in this Code to the mental health advocacy division of the Georgia Indigent Defense Council shall be deemed to be references to the office.
17-12-82. The office shall be a legal entity; shall have perpetual existence; may contract; may own property; may accept funds, grants, and gifts from any public or private source, which funds shall be used to defray the expenses incident to implementing its purposes; and may establish a principal office.
17-12-83. The council shall be responsible for management of the office. Managerial duties shall include, but are not limited to, the following:
(1) Appointment of the mental health advocate; (2) Establishing the salaries of the mental health advocate and the office's staff; (3) Approving the level of staffing and establishing policy consistent with the intent of this chapter; and (4) Preparing an annual budget for the office, administering the funds made available to the office, and overseeing the expenditure of such funds.
17-12-84. The council shall prepare an annual budget showing all anticipated expenses of the office for the following fiscal year, which shall be the same as the fiscal year of this state. Such budget shall be submitted by the mental health advocate to the council.
17-12-85. The mental health advocate shall be appointed by and shall serve at the pleasure of the council. The mental health advocate must be a member in good standing of the State Bar of Georgia with at least three years' experience in the practice of law and must be competent to counsel and represent a person found not guilty by reason of insanity at the time of the crime. The salary of the mental health advocate shall be established by the council.

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17-12-86. The mental health advocate shall employ, with the advice and consent of the council and in the manner and at the compensation prescribed by the council, as many assistant attorneys, clerks, investigators, paraprofessionals, administrative assistants, and any other persons as may be necessary for carrying out the responsibilities assigned to the office by law. A person employed under this Code section serves at the pleasure of the mental health advocate.
17-12-87. (a) Whenever any person has been found not guilty by reason of insanity at the time of the crime pursuant to Code Section 17-7-131 and has been determined to be indigent, as provided in Article 1 of this chapter, the court in which such charges are pending shall notify the office and the office may assume the defense and representation of such persons in all matters pursuant to Code Section 17-7-131 if the resources, funding, and staffing of the office allow; provided, however, that the circuit public defender or other attorney who represented the indigent at the time of the finding of not guilty by reason of insanity at the time of the crime shall have the option to retain responsibility for the representation of any such person. (b) Nothing in this Code section shall prevent the circuit public defender, the court, or the court appointed attorney from requesting the participation of the office prior to a finding of not guilty by reason of insanity at the time of the crime. The circuit public defender, the court, or the court appointed attorney may request that the office assist in the case prior to a plea being entered and accepted by the court. (c) If for any reason the office is unable to represent any indigent person found not guilty by reason of insanity at the time of the crime, such representation shall be provided as otherwise provided by law.
17-12-88. This article shall become effective on December 31, 2003.
ARTICLE 5
17-12-100. As used in this article, the term 'office' means the office of the multicounty public defender created by this article.
17-12-101. There is created the office of the multicounty public defender to undertake the defense of all indigent persons charged with a capital felony for which the death penalty is being sought in any court in this state. The office shall serve all counties of this state.

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17-12-102. The office of the multicounty public defender shall be a legal entity, shall have perpetual existence, may contract, may own property, may accept funds, grants, and gifts from any public or private source, which funds shall be used to defray the expenses incident to implementing its purposes, and may establish a principal office.
17-12-103. The council shall be responsible for management of the office. Managerial duties shall include, but not be limited to, the following:
(1) Appointing the multicounty public defender; (2) Establishing the salaries of the multicounty public defender and the office's staff; (3) Approving the level of staffing and establishing policy consistent with the intent of this article; and (4) Preparing an annual budget for the office, and administering the funds made available to the office, and overseeing the expenditure of such funds.
17-12-104. The council shall prepare an annual budget showing all anticipated expenses of the office for the following fiscal year, which shall be the same as the fiscal year of this state. Such budget shall be submitted by the multicounty public defender to the council.
17-12-105. The multicounty public defender shall be appointed by and shall serve at the pleasure of the council. The multicounty public defender must have been licensed to practice law in this state for at least five years and must be competent to counsel and defend a person charged with a capital felony. The salary of the multicounty public defender shall be established by the council.
17-12-106. (a) The multicounty public defender shall employ, with the advice and consent of the council and in the manner and at the compensation prescribed by the council, as many assistant attorneys, clerks, investigators, paraprofessionals, administrative assistants, and other persons as may be necessary for carrying out his or her responsibilities under this article. A person employed under this Code section serves at the pleasure of the multicounty public defender. (b) No person may be assigned the primary responsibility of representing an indigent person accused of a capital offense for which the death penalty is sought unless such person is authorized to practice law in this state and is otherwise competent to counsel and defend a person charged with a capital felony.
17-12-107. (a) Whenever any person accused of a capital felony for which the death penalty is being sought has been determined to be indigent, as provided in Article 2 of

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this chapter, the court in which such charges are pending shall notify the office, and the office shall assume the defense of such person if the resources, funding, and staffing of the office allow. (b) If for any reason the office is unable to defend any indigent person accused of a capital felony for which the death penalty is being sought, the presiding judge of the superior court in which the case is pending shall appoint one or more attorneys for the defendant. Each attorney appointed shall receive reasonable compensation for his or her services plus all reasonable and necessary expenses as determined in the discretion of the court incurred in the preparation and investigation of the case. (c) In any capital felony case where an attorney or attorneys were appointed pursuant to subsection (b) of this Code section and where there has been a conviction and a defendant desires to appeal to the Georgia Supreme Court and the defendant is indigent and unable to obtain an attorney to pursue his or her appeal, the court shall:
(1) Where the defendant has been represented by an appointed attorney, authorize the attorney to pursue the appeal or appoint another attorney to pursue the appeal; or (2) Where the defendant has not been previously represented by an appointed attorney, appoint an attorney or attorneys to pursue the appeal. (d) Upon completion of all services by an attorney appointed under subsection (b) or (c) of this Code section, the attorney shall submit to the court an affidavit containing an accurate statement of all services rendered and expenses incurred. The court, upon examination of the affidavit and approval thereof, shall discharge the attorney and shall enter an order directing the county treasurer of the county in which the defendant was indicted to pay to the attorney such amount for compensation and expenses as the court orders. (e) The office shall be responsible for the defense of any person referred to it pursuant to subsection (a) of this Code section if the resources, funding, and staffing of the office allow. Such defense shall include all proceedings in the trial court and any appeals to the Supreme Court of Georgia. The office shall not assist with any petition for a writ of habeas corpus in federal court.
17-12-108. This article shall become effective on December 31,2003, and shall apply to all cases except as provided in Article 6 of this chapter. This article shall be repealed by operation of law effective at 11:59 P.M. on December 31, 2004. On and after the effective date of Article 6 of this chapter, any attorney appointed pursuant to this article shall continue to represent a defendant under Article 6 of this chapter and shall be paid for services pursuant to Article 6 of this chapter.
ARTICLE 6
17-12-120. As used in this article, the term 'office' means the Office of the Georgia Capital Defender created by this article.

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17-12-121. There is created the Office of the Georgia Capital Defender to undertake the defense of all indigent persons charged with a capital felony for which the death penalty is being sought in any court in this state and to be the successor to the office of the multicounty public defender. The office shall serve all counties of this state.
17-12-122. The Office of the Georgia Capital Defender shall be a legal entity, shall have perpetual existence, may contract, may own property, may accept funds, grants, and gifts from any public or private source, which funds shall be used to defray the expenses incident to implementing its purposes, and may establish a principal office.
17-12-123. The council shall be responsible for management of the office. Managerial duties shall include, but not be limited to, the following:
(1) Appointing the capital defender; (2) Establishing the salaries of the capital defender and the office's staff; (3) Approving the level of staffing and establishing policy consistent with the intent of this article; and (4) Preparing an annual budget for the office, and administering the funds made available to the office, and overseeing the expenditure of such funds.
17-12-124. The council shall prepare an annual budget showing all anticipated expenses of the office for the following fiscal year, which shall be the same as the fiscal year of this state. The budget shall be submitted by the capital defender to the council and for Fiscal Year 2005 shall include the proposed budget for representation of all indigent persons accused of a capital felony for which the death penalty is or is likely to be sought.
17-12-125. The capital defender shall be appointed by and shall serve at the pleasure of the council. The capital defender must have been licensed to practice law in this state for at least five years and must be competent to counsel and defend a person charged with a capital felony. The salary of the capital defender shall be established by the council.
17-12-126. (a) The capital defender shall employ, with the advice and consent of the council and in the manner and at the compensation prescribed by the council, as many assistant attorneys, clerks, investigators, paraprofessionals, administrative assistants, and other persons as may be necessary for carrying out his or her responsibilities under this article. A person employed under this Code section serves at the pleasure of the capital defender.

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(b) No person may be assigned the primary responsibility of representing an indigent person accused of a capital offense for which the death penalty is sought unless the person is authorized to practice law in this state and is otherwise competent to counsel and defend a person charged with a capital felony.
17-12-127. (a) Whenever any person accused of a capital felony for which the death penalty is being sought has been determined to be indigent, as provided in Article 2 of this chapter, the court in which the charges are pending shall notify the office, and the office shall assume the defense of the person if there is no conflict of interest. (b) If for any reason the office is unable to defend any indigent person accused of a capital felony for which the death penalty is being sought, the presiding judge of the superior court in which the case is pending shall appoint an attorney or attorneys to represent the defendant. Counsel appointed pursuant to this subsection shall be paid with state funds appropriated to the council for use by the office. The council with the assistance of the office shall establish guidelines for attorney's fees and expense requests. (c) The office or appointed counsel's defense of a defendant shall include all proceedings in the trial court and any appeals to the Supreme Court of Georgia. Neither the office nor appointed counsel shall assist with any petition for a writ of habeas corpus in federal court.
17-12-128. This article shall become effective on January 1, 2005."
SECTION 2. Said title is further amended by striking Code Section 15-6-76.1, relating to election by clerks as to investing or depositing funds and the manner of depositing funds paid into the court registry, and inserting in lieu thereof the following:
"15-6-76.1.
(a) In counties where the clerk of the superior court exercised discretion to invest funds pursuant to Code Section 15-6-75 or to deposit funds in one or more interest-bearing accounts pursuant to Code Section 15-6-76, and such funds were invested or on deposit on January 1, 1993, the clerk may continue to invest such funds pursuant to Code Section 15-6-75 or deposit such funds pursuant to Code Section 15-6-76 until July 1, 1994. In such counties, clerks who do not elect to continue investing or depositing funds pursuant to such Code sections, or who cease depositing or investing such funds pursuant to such Code sections, shall be subject to the provisions of subsections (c) through (g) of this Code section. In such counties, clerks shall provide a written notice to the Georgia Public Defender Standards Council within 30 days following July 1, 1993, stating that funds were invested or on deposit pursuant to Code Section 15-6-75 or 15-6-76 on January 1, 1993, and stating whether they have elected to continue investing or depositing funds pursuant to Code Sections 15-6-75 and 15-6-76 or to comply with the provisions of subsections (c) through (g) of this Code section. In such

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counties, clerks may change their election by written notice to the Georgia Public Defender Standards Council. (b) In counties where no funds were invested or on deposit pursuant to Code Section 15-6-75 or 15-6-76 on January 1, 1993, clerks shall be subject to the provisions of subsections (c) through (g) of this Code section, effective July 1, 1993. (c) When funds are paid into the registry of the court, the clerk shall deposit such funds in one or more interest-bearing trust accounts in investments authorized by Code Section 36-80-3 or by Chapter 83 of Title 36. (d) When funds have been paid into the registry of the court pursuant to a court order directing that such funds be deposited in an interest-bearing trust account for the benefit of one or more of the parties, the interest received from such funds after service charges or fees imposed by the bank or depository shall be paid to one or more of the parties as the order of the court directs. (e) When funds have been paid into the registry of the court and the order of the court relating to such funds does not state that such funds shall be placed in an interest-bearing trust account for the benefit of one or more of the parties, the clerk shall deposit such funds in an interest-bearing trust account and the financial institution in which such funds are deposited shall remit, after service charges or fees are deducted, the interest generated by said funds directly, at least quarterly and within 30 days of receipt, to the Georgia Public Defender Standards Council for distribution to the circuit public defender offices. With each remittance the financial institution shall send a statement showing the name of the court, the rate of interest applied, the average monthly balance in the account against which the interest rate is applied, the service charges or fees of the bank or other depository, and the net remittance. This subsection shall include but not be limited to cash supersedeas bonds for criminal appeal, other supersedeas bonds, and bonds or funds paid into the court registry in actions involving interpleader, condemnation, and requests for injunctive relief. The Georgia Public Defender Standards Council shall allocate all interest received from such funds deposited in interest-bearing trust accounts to the circuit public defender offices. (f) In its discretion, the court may at any time amend its order to require that the funds be deposited into an interest-bearing account for the benefit of one or more of the parties to the action, and the clerk shall comply with such amended order. (g) In counties where the service charges or fees of the bank or depository would exceed the interest received from funds subject to this Code section, the clerk shall be exempt from subsections (a) through (f) of this Code section. In such counties, the clerk shall send a written notice to the Georgia Public Defender Standards Council."
SECTION 3. Said title is further amended by striking Code Section 15-7-49, relating to remittance of interest from interest-bearing trust accounts to the Georgia Indigent Defense Council, and inserting in lieu thereof the following:

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"15-7-49.
When funds are paid into the court registry, the clerk shall deposit such funds in interest-bearing trust accounts and the interest from those funds shall be remitted to the Georgia Public Defender Standards Council in accordance with the provisions of subsections (c) through (g) of Code Section 15-6-76.1. The Georgia Public Defender Standards Council shall allocate all interest received from such funds in accordance with subsection (e) of Code Section 15-6-76.1."
SECTION 4. Said title is further amended by striking Code Section 15-9-18, relating to remittance of interest from cash bonds to the Georgia Indigent Defense Council, and inserting in lieu thereof the following:
"15-9-18.
Whenever the sheriff transfers cash bonds to the clerk of the court, pursuant to Code Section 15-16-27, the clerk shall deposit such funds into interest-bearing trust accounts and the interest from those funds shall be remitted to the Georgia Public Defender Standards Council in accordance with the provisions of subsections (c) through (g) of Code Section 15-6-76.1. The Georgia Public Defender Standards Council shall allocate all interest received from such funds in accordance with subsection (e) of Code Section 15-6-76.1."
SECTION 5. Said title is further amended by striking Code Section 15-10-240, relating to remittance of interest from funds to the Georgia Indigent Defense Council, and inserting in lieu thereof the following:
"15-10-240.
When funds are paid into the court registry, the clerk shall deposit such funds in interest-bearing trust accounts and the interest from those funds shall be remitted to the Georgia Public Defender Standards Council in accordance with the provisions of subsections (c) through (g) of Code Section 15-6-76.1. The Georgia Public Defender Standards Council shall allocate all interest received from such funds in accordance with subsection (e) of Code Section 15-6-76.1."
SECTION 6. Said title is further amended by striking Code Section 15-16-27, relating to deposit by sheriff of cash bonds and reserves of professional bondspersons in interest-bearing accounts and disposition of interest, and inserting in lieu thereof the following:
"15-16-27.
(a) Unless transferred to the appropriate clerk of court, the sheriff shall deposit cash bonds held by the sheriff in one or more interest-bearing trust accounts in investments authorized by Code Section 36-80-3 or by Chapter 83 of Title 36. (b) The financial institution in which the funds are deposited shall remit, after service charges or fees are deducted, the interest generated by such funds directly, at least quarterly and within 30 days of receipt, to the Georgia Public Defender Standards Council for distribution to the circuit public defender offices.

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With each remittance the financial institution shall send a statement showing the name of the county, deposits and withdrawals from the account or accounts, interest paid, service charges or fees of the bank or other depository, and the net remittance. The Georgia Public Defender Standards Council shall allocate all interest received from such funds deposited in interest-bearing trust accounts to the circuit public defender offices. (c) In counties where the service charges or fees of the bank or depository would exceed the interest received from funds subject to this Code section, the sheriff shall be exempt from subsections (a) and (b) of this Code section. In such counties, the sheriff shall send a written notice to the Georgia Public Defender Standards Council."
SECTION 7. Title 16 of the Official Code of Georgia Annotated, relating to crimes and offenses, is amended by striking division (u)(4)(D)(iv) of Code Section 16-13-49, relating to forfeitures, and inserting in lieu thereof the following:
"(iv) Money distributed to the state pursuant to this subsection shall be paid into the general fund of the state treasury, it being the intent of the General Assembly that the same be used, subject to appropriation from the general fund in the manner provided by law for representation of indigents in criminal cases; for funding of the Crime Victims Emergency Fund; for law enforcement and prosecution agency programs and particularly for funding of advanced drug investigation and prosecution training for law enforcement officers and prosecuting attorneys; 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; or for financing the judicial system of the state."
SECTION 8. Title 35 of the Official Code of Georgia Annotated, relating to law enforcement officers and agencies, is amended by striking Code Section 35-6A-3, relating to membership on the Criminal Justice Coordinating Council, and inserting in lieu thereof the following:
"35-6A-3.
(a) The Criminal Justice Coordinating Council shall consist of 24 members and shall be composed as follows:
(1) The chairperson of the Georgia Peace Officer Standards and Training Council, the chairperson of the Georgia Organized Crime Prevention Council, the chairperson of the Judicial Council of Georgia, the chairperson of the Prosecuting Attorneys' Council of the State of Georgia, the commissioner of corrections, the chairperson of the Board of Corrections, the vice chairperson of the Board of Public Safety, the chairman of the State Board of Pardons and Paroles, the State School Superintendent, the commissioner of community affairs, the president of the Council of Juvenile Court Judges, the chairperson of the Georgia Public Defender Standards Council, the chairperson of the

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Children and Youth Coordinating Council, and the commissioner of juvenile justice or their designees shall be ex officio members of the council, as full voting members of the council by reason of their office; and (2) Ten members shall be appointed by the Governor for terms of four years, their initial appointments, however, being four for four-year terms, two for three-year terms, and four for two-year terms. Appointments shall be made so that there are always on the council the following persons: one county sheriff, one chief of police, one mayor, one county commissioner, one superior court judge, four individuals who shall be, by virtue of their training or experience, knowledgeable in the operations ofthe criminal justice system ofthis state, and one individual who shall be, by virtue of his or her training and experience, knowledgeable in the operations of the entire spectrum of crime victim assistance programs delivering services to victims of crime. No person shall serve beyond the time he or she holds the office or employment by reason of which he or she was initially eligible for appointment. (b) In the event of death, resignation, disqualification, or removal for any reason of any member of the council, vacancies shall be filled in the same manner as the original appointment and successors shall serve for the unexpired term. (c) The initial terms for all 19 original members shall begin July 1, 1981. The initial term for the member added in 1985 shall begin July 1, 1985. The initial term for the member added in 1988 shall begin July 1, 1988. The initial term for the member added in 1989 shall begin July 1, 1989. The State School Superintendent shall be a member effective on July 1, 1989. The chairperson of the Georgia Public Defender Standards Council shall become a member on December 31,2003. (d) Membership on the council does not constitute public office, arid no member shall be disqualified from holding public office by reason of his or her membership."
SECTION 9. Code Section 36-32-1 of the Official Code of Georgia Annotated, relating to the establishment of municipal courts, punishments, and the selection, election, or appointment of the mayor pro tempore or recorder pro tempore, is amended by inserting at the end thereof new subsections (f), (g), and (h) to read as follows:
"(f) Any municipal court operating within this state and having jurisdiction over the violation of municipal ordinances and over such other matters as are by specific or general law made subject to the jurisdiction of municipal courts shall not impose any punishment of confinement, probation, or other loss of liberty, or impose any fine, fee, or cost enforceable by confinement, probation, or other loss of liberty, as authorized by general law or municipal or county ordinance, unless the court provides to the accused the right to representation by a lawyer, and provides to those accused who are indigent the right to counsel at no cost to the accused. Such representation shall be subject to all applicable standards adopted by the Georgia Public Defender Standards Council for representation of indigent persons in this state.

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(g) Any municipal court operating within this state that has jurisdiction over the violation of municipal or county ordinances or such other statutes as are by specific or general law made subject to the jurisdiction of municipal courts, and that holds committal hearings in regard to such alleged violations, must provide to the accused the right to representation by a lawyer, and must provide to those accused who are indigent the right to counsel at no cost to the accused. Such representation shall be subject to all applicable standards adopted by the Georgia Public Defender Standards Council for representation of indigent persons in this state. (h) Any municipality or municipal court may contract with the office of the circuit public defender of the judicial circuit in which such municipality is located as a means of complying with the municipality's or municipal court's legal obligation to provide defense counsel at no cost to indigent persons appearing before the court in relation to violations of municipal ordinances, county ordinances, or state laws."
SECTION 10. (a) Section 1 of this Act shall become effective as set forth in said section. (b) Sections 2 through 8 of this Act shall become effective on December 31, 2003. (c) Section 9 of this Act shall become effective on January 1, 2005. (d) This section and Section 11 of this Act shall become effective on July 1, 2003.
SECTION 11. All laws and parts of laws in conflict with this Act are repealed.
Approved May 22, 2003.
CONSERVATION - LAKE LANIER ISLANDS DEVELOPMENT AUTHORITY; FUNDS.
No. 34 (House Bill No. 519).
AN ACT
To amend Code Section 12-3-318 of the Official Code of Georgia Annotated, relating to purposes for which income, gifts, grants, appropriations, bonds, or loans may be used by the Lake Lanier Islands Development Authority, so as to require certain allocation of certain funds received by the authority; 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 12-3-318 of the Official Code of Georgia Annotated, relating to purposes for which income, gifts, grants, appropriations, bonds, or loans may be used by the Lake Lanier Islands Development Authority, is amended by adding a new subsection (c) to read as follows:
"(c) Notwithstanding any provision of law to the contrary, with regard to revenues received by the authority from property management contracts or agreements or leases of real property by the authority, 75 percent of all such revenues shall be retained by the authority for use in projects in the Lake Lanier Watershed area."
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.
Approved May 22, 2003.
FOOD, DRUGS, AND COSMETICS - EGGS; EXPIRATION DATES.
No. 35 (House Bill No. 757).
AN ACT
To amend Code Section 26-2-268 of the Official Code of Georgia Annotated, relating to information labels affixed to cases of eggs, so as to provide for the use of certain labeling information concerning expiration dates on eggs; 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 26-2-268 of the Official Code of Georgia Annotated, relating to information labels affixed to cases of eggs, is amended by striking subsection (a) and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) At the time of packing and candling of each case of eggs, the producer or dealer shall affix a label not less than two inches by four inches or not less than eight square inches on one end of each case and on this label shall be legibly printed or stamped, in letters not less than one-fourth of an inch in size, the date when the eggs were packed and candled or the expiration date, which shall not exceed 45 days from the date packed; the size and grade of the eggs; and either the name and address of the packer or the U.S.D.A. assigned plant number or a state approved plant identification code. The name of the state of origin may be given. When eggs are sold in canons, the cartons must show the date packed or the expiration date, which shall not exceed 45 days from the date packed, and the

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grade and size, together with either the name and address of the packer or the U.S.D.A. assigned plant number or a state approved plant identification code. The state of origin may also be given."
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 22, 2003.
AGRICULTURE - CONSERVATION AND NATURAL RESOURCES STATE SOIL AND WATER COMMISSION; TRAINING; ENVIRONMENTAL PROTECTION DIVISION; POLLUTANT DISCHARGE PERMITS.
No. 36 (House Bill No. 285).
AN ACT
To amend Code Section 2-6-27 of the Official Code of Georgia Annotated, relating to additional duties and powers of the State Soil and Water Conservation Commission, so as to provide for implementation of an education and training program; to amend Title 12 of the Official Code of Georgia Annotated, relating to conservation and natural resources, so as to change certain provisions relating to powers and duties of the Board of Natural Resources and the director of the Environmental Protection Division of the Department of Natural Resources as to control of water pollution and surface-water use generally; to change certain provisions relating to permits for construction, modification, or operation of facilities which discharge pollutants into waters and permits for discharge of dredged or fill material into waters and wetlands; to extensively revise certain provisions relating to control of soil erosion and sedimentation; to provide for the effect of such provisions on the practice of land surveyors in performing certain tasks related to soil erosion and sedimentation control; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Code Section 2-6-27 of the Official Code of Georgia Annotated, relating to additional duties and powers of the State Soil and Water Conservation Commission, is amended by inserting a new paragraph (7.1) to read as follows:

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"(7.1) To formulate such rules and regulations in consultation with the Environmental Protection Division of the Department of Natural Resources, to exercise such powers, and to perform such duties as are necessary to implement the administration ofthe education and training program established under Code Section 12-7-19;"
SECTION 2. Title 12 of the Official Code of Georgia Annotated, relating to conservation and natural resources, is amended in subsection (a) of Code Section 12-5-23, relating to powers and duties of the Board of Natural Resources and the director of the Environmental Protection Division of the Department of Natural Resources as to control of water pollution and surface-water use generally, by striking "and" at the end of paragraph (3), striking the period and inserting "; and" in lieu thereof at the end of paragraph (4), and adding a new paragraph (5) to read as follows:
"(5)(A) By December 31, 2003, the board shall promulgate rules and regulations which establish a fee system designed to offset the costs of the state-wide implementation of the National Pollution Discharge Elimination System general permit or permits for storm-water runoff from construction activities as is now in effect or as may be amended or reissued in the future pursuant to the state's authority to implement the same through federal delegation under the Federal Water Pollution Control Act, as amended, 33 U.S.C. Section 1251, et seq., and subsection (f) of Code Section 12-5-30. (B) Fees established by the board under this paragraph shall be no less than that which is required to properly administer Chapter 7 of this title, provided that such fees shall not exceed $80.00 per acre of land-disturbing activity as defined in Code Section 12-7-3."
SECTION 3. Said title is further amended in subsection (c) of Code Section 12-5-23, relating to powers and duties of the Board of Natural Resources and the director of the Environmental Protection Division of the Department of Natural Resources as to control of water pollution and surface-water use generally, by striking paragraph (15) and inserting in lieu thereof the following:
"(15) Perform any and all acts and exercise all incidental powers necessary to carry out the purposes and requirements of this article and of the Federal Water Pollution Control Act, as amended, 33 U.S.C. Section 1251, et seq., relating to this state's participation in the National Pollutant Discharge Elimination System established under that act and shall administer the fee program established by the board pursuant to paragraph (5) of subsection (a) of this Code section;"
SECTION 4. Said title is further amended in Code Section 12-5-30, relating to permits for construction, modification, or operation of facilities which discharge pollutants into waters and permits for discharge of dredged or fill material into waters and wetlands, by adding a new subsection (g) to read as follows:

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"(g) It is declared to be the public policy of this state, 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 prevent or mitigate where possible discharges of sediment into the waters of the state. The General Assembly declares its intent to partially fund the execution of the public policy set forth in this subsection and Chapter 7 of this title by and through the division with permit fees for the National Pollution Discharge Elimination System general permit or permits for storm-water runoff from construction activities as is now in effect or as may be amended or reissued in the future pursuant to the state's authority to implement the same through federal delegation under the Federal Water Pollution Control Act, as amended, 33 U.S.C. Section 1251, et seq., and subsection (f) of this Code section. Such fees shall be administered by the division pursuant to rules and regulations established by the board pursuant to paragraph (5) of subsection (a) of Code Section 12-5-23. The General Assembly further declares its intent that the amount of funds provided by such permit fees will not be utilized for any purposes other than the administration of Chapter 7 of this title by the division or a local issuing authority and the administration of the state general permit defined in Code Section 12-7-3 by the division, which purposes shall specifically include without limitation the study and report required by Code Section 12-7-21; provided, however, that nothing in this subsection shall be construed so as to allow the department to retain any funds required by the Constitution of Georgia to be paid into the state treasury; 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 funds derived from such permit fees."
SECTION 5. Said title is further amended by striking Chapter 7, relating to control of soil erosion and sedimentation, and inserting in lieu thereof the following:
"CHAPTER 7
12-7-1. This chapter shall be known and may be cited as the 'Erosion and Sedimentation Act of 1975.'
12-7-2. It is found that soil erosion and sediment deposition onto lands and into waters within the watersheds of this state are occurring as a result of widespread failure to apply proper soil erosion and sedimentation control practices in land clearing, soil movement, and construction activities and that such erosion and sediment deposition result in pollution of state waters and damage to domestic, agricultural, recreational, fish and wildlife, and other resource uses. It is therefore declared to be the policy of this state and the intent of this chapter to strengthen and extend the present erosion and sediment control activities and programs of this state and to provide for the establishment and implementation

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of a state-wide comprehensive soil erosion and sediment control program to conserve and protect the land, water, air, and other resources of this state.
12-7-3.
As used in this chapter, the term: (1) 'Board' means the Board of Natural Resources. (2) 'Buffer' means the area of land immediately adjacent to the banks of state waters in its natural state of vegetation, which facilitates the protection of water quality and aquatic habitat. (3) 'Commission' means the State Soil and Water Conservation Commission. (4) 'Director' means the director of the Environmental Protection Division of the Department of Natural Resources. (5) 'District' means any one of the soil and water conservation districts of this state. (6) 'Division' means the Environmental Protection Division of the Department of Natural Resources. (7) 'Drainage structure' means a device composed of a virtually nonerodible material such as concrete, steel, plastic, or other such material that conveys water from one place to another by intercepting the flow and carrying it to a release point for storm-water management, drainage control, or flood control purposes. (8) 'Erosion and sediment control plan' or 'plan' means a plan for the control of soil erosion and sediment resulting from a land-disturbing activity. (9) 'Land-disturbing activity' means any activity which may result in soil erosion from water or wind and the movement of sediments into state water or onto lands within the state, including, but not limited to, clearing, dredging, grading, excavating, transporting, and filling of land but not including agricultural practices as described in paragraph (5) of Code Section 12-7-17. (9.1) 'Larger common plan of development or sale' means a contiguous area where multiple separate and distinct construction activities are occurring under one plan of development or sale. For purposes of this paragraph, 'plan' means an announcement; piece of documentation such as a sign, public notice or hearing, sales pitch, advertisement, drawing, permit application, zoning request, or computer design; or physical demarcation such as boundary signs, lot stakes, or surveyor markings, indicating that construction activities may occur on a specific plot. (10) 'Local issuing authority' means the governing authority of any county or municipality which is certified pursuant to subsection (a) of Code Section 12-7-8. (10.1) 'Operator' means the party or parties that have: (A) Operational control of construction project plans and specifications, including the ability to make modifications to those plans and specifications; or (B) Day-to-day operational control of those activities that are necessary to ensure compliance with a storm-water pollution prevention plan for the site or other permit conditions, such as a person authorized to direct workers at

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a site to carry out activities required by the storm-water pollution prevention plan or to comply with other permit conditions. (11) 'Person' means any individual, partnership, firm, association, joint venture, public or private corporation, trust, estate, commission, board, public or private institution, utility, cooperative, state agency, municipality or other political subdivision of this state, any interstate body, or any other legal entity. (12) 'Qualified personnel' means any person who meets or exceeds the education and training requirements of Code Section 12-7-19. (13) 'Roadway drainage structure' means a device, such as a bridge, culvert, or ditch, composed of a virtually nonerodible material such as concrete, steel, plastic, or other such material that conveys water under a roadway by intercepting the flow on one side of a traveled way consisting of one or more defined lanes, with or without shoulder areas, and carrying water to a release point on the other side. (14) 'Soil and water conservation district approved plan' means an erosion and sediment control plan approved in writing by a soil and water conservation district. (15) 'State general permit' means the National Pollution Discharge Elimination System general permit or permits for storm-water runoff from construction activities as is now in effect or as may be amended or reissued in the future pursuant to the state's authority to implement the same through federal delegation under the Federal Water Pollution Control Act, as amended, 33 U.S.C. Section 1251, et seq., and subsection (f) of Code Section 12-5-30. (16) 'State waters' includes any and all rivers, streams, creeks, branches, lakes, reservoirs, ponds, drainage systems, springs, wells, and other bodies of surface or subsurface water, natural or artificial, lying within or forming a part of the boundaries of the state, which are not entirely confined and retained completely upon the property of a single individual, partnership, or corporation.
12-7-4.
(a) The governing authority of each county and each municipality shall adopt a comprehensive ordinance establishing the procedures governing land-disturbing activities which are conducted within their respective boundaries. Such ordinances shall be consistent with the standards provided by this chapter. Local governing authorities shall have the authority, by such ordinance, to delegate in whole or in part the responsibilities of the governing authorities, as set forth in this chapter, to any constitutional or statutory local planning and zoning commission. Where the local governing authority deems it appropriate, it may integrate such provisions with other local ordinances relating to land development including but not limited to tree protection, flood plain protection, stream buffers, or postdevelopment storm-water management. (b) Nothing in this chapter shall be construed as to limit or exclude any design professional, including but not limited to any professional engineer or registered land surveyor, or Natural Resource Conservation Service employee, within any county, municipality, or consolidated government in this state from

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performing such professional services as may be incidental to the practice of his or her profession, including any and all soil erosion and sedimentation control plans, storm-water management reports including hydrological studies, and site plans, when such professional has demonstrated competence through such qualifications, education, experience, and licensing as required for practice in this state by applicable provisions of Title 43 related to such profession; provided, however, that any such person shall be subject to the requirements of Code Section 12-7-19.
12-7-5.
The board, by appropriate rules and regulations, shall adopt the procedures governing land-disturbing activities which are conducted in those counties and municipalities which do not have in effect an ordinance conforming to this chapter. Such rules and regulations shall be developed by the division in consultation with the commission and shall contain provisions which meet those minimum requirements set forth in Code Section 12-7-6.
12-7-6.
(a)(l) Best management practices as set forth in subsection (b) of this Code section shall be required for all land-disturbing activities. Proper design, installation, and maintenance of best management practices shall constitute a complete defense to any action by the director or to any other allegation of noncompliance with paragraph (2) of this subsection or any substantially similar terms contained in a permit for the discharge of storm water issued pursuant to subsection (f) of Code Section 12-5-30. As used in this subsection, the terms 'proper design' and 'properly designed' mean designed in accordance with the hydraulic design specifications contained in the 'Manual for Erosion and Sediment Control in Georgia' specified in subsection (b) of this Code section. (2) A discharge of storm-water runoff from disturbed areas where best management practices have not been properly designed, installed, and maintained shall constitute a separate violation of any land-disturbing permit issued by a local issuing authority or of any state general permit issued by the division pursuant to subsection (f) of Code Section 12-5-30 for each day on which such discharge results in the turbidity of receiving waters being increased by more than 25 nephelometric turbidity units for waters supporting warm water fisheries or by more than ten nephelometric turbidity units for waters classified as trout waters. The turbidity of the receiving waters shall be measured in accordance with guidelines to be issued by the director. This paragraph shall not apply to any land disturbance associated with the construction of single-family homes which are not part of a larger common plan of development or sale unless the planned disturbance for such construction is equal to or greater than five acres. (3) Failure properly to design, install, or maintain best management practices shall constitute a violation of any land-disturbing permit issued by a local issuing authority or of any state general permit issued by the division pursuant

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to subsection (f) of Code Section 12-5-30 for each day on which such failure occurs. (4) The director may require, in accordance with regulations adopted by the board, reasonable and prudent monitoring of the turbidity level of receiving waters into which discharges from land-disturbing activities occur, (b) The rules and regulations, ordinances, or resolutions adopted pursuant to this chapter for the purpose of governing land-disturbing activities shall require, as a minimum, protections at least as stringent as the state general permit; and best management practices, including sound conservation and engineering practices to prevent and minimize erosion and resultant sedimentation, which are consistent with, and no less stringent than, those practices contained in the 'Manual for Erosion and Sediment Control In Georgia' published by the State Soil and Water Conservation Commission as of January 1 of the year in which the land-disturbing activity was permitted, as well as the following: (1) Stripping of vegetation, regrading, and other development activities shall be conducted in such a manner so as to minimize erosion; (2) Cut and fill operations must be kept to a minimum; (3) Development plans must conform to topography and soil type, so as to create the lowest practicable erosion potential; (4) Whenever feasible, natural vegetation shall be retained, protected, and supplemented; (5) The disturbed area and the duration of exposure to erosive elements shall be kept to a practicable minimum; (6) Disturbed soil shall be stabilized as quickly as practicable; (7) Temporary vegetation or mulching shall be employed to protect exposed critical areas during development; (8) Permanent vegetation and structural erosion control measures must be installed as soon as practicable; (9) To the extent necessary, sediment in run-off water must be trapped by the use of debris basins, sediment basins, silt traps, or similar measures until the disturbed area is stabilized. As used in this paragraph, a disturbed area is stabilized when it is brought to a condition of continuous compliance with the requirements of this chapter; (10) Adequate provisions must be provided to minimize damage from surface water to the cut face of excavations or the sloping surfaces of fills; (11) Cuts and fills may not endanger adjoining property; (12) Fills may not encroach upon natural watercourses or constructed channels in a manner so as to adversely affect other property owners; (13) Grading equipment must cross flowing streams by the means of bridges or culverts, except when such methods are not feasible, provided, in any case, that such crossings must be kept to a minimum; (14) Land-disturbing activity plans for erosion and sedimentation control shall include provisions for treatment or control of any source of sediments and adequate sedimentation control facilities to retain sediments on site or preclude sedimentation of adjacent waters beyond the levels specified in subsection (a) of this Code section;

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(15) Except as provided in paragraph (16) of this subsection, there is established a 25 foot buffer along the banks of all state waters, as measured horizontally from the point where vegetation has been wrested by normal stream flow or wave action, except where the director determines to allow a variance that is at least as protective of natural resources and the environment, where otherwise allowed by the director pursuant to Code Section 12-2-8, or where a drainage structure or a roadway drainage structure must be constructed, provided that adequate erosion control measures are incorporated in the project plans and specifications and are implemented; provided, however, that buffers of at least 25 feet established pursuant to Part 6 of Article 5 of Chapter 5 of this title shall remain in force unless a variance is granted by the director as provided in this paragraph. The following requirements shall apply to any such buffer:
(A) No land-disturbing activities shall be conducted within a buffer and a buffer shall remain in its natural, undisturbed, state of vegetation until all land-disturbing activities on the construction site are completed. Once the final stabilization of the site is achieved, a buffer may be thinned or trimmed of vegetation as long as a protective vegetative cover remains to protect water quality and aquatic habitat and a natural canopy is left in sufficient quantity to keep shade on the stream bed; provided, however, that any person constructing a single-family residence, when such residence is constructed by or under contract with the owner for his or her own occupancy, may thin or trim vegetation in a buffer at any time as long as protective vegetative cover remains to protect water quality and aquatic habitat and a natural canopy is left in sufficient quantity to keep shade on the stream bed; (B) On or before December 31, 2000, the board shall adopt rules which contain specific criteria for the grant or denial by the director of requests for variances. After such date, no variance shall be granted by the director which is not consistent with the criteria contained in such rules; provided, however, that, should the board fail to adopt rules which contain specific criteria for the grant or denial of requests for variances by the director on or before December 31, 2000, the authority of the director to issue such variances shall be suspended until the board adopts such rules; and (C) The buffer shall not apply to the following land-disturbing activities, provided that they occur at an angle, as measured from the point of crossing, within 25 degrees of perpendicular to the stream; cause a width of disturbance of not more than 50 feet within the buffer; and adequate erosion control measures are incorporated into the project plans and specifications and are implemented:
(i) Stream crossings for water lines; or (ii) Stream crossings for sewer lines; and (16) There is established a 50 foot buffer, as measured horizontally from the point where vegetation has been wrested by normal stream flow or wave action, along the banks of any state waters classified as 'trout streams' pursuant to Article 2 of Chapter 5 of this title except where a roadway drainage structure

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must be constructed; provided, however, that small springs and streams classified as trout streams which discharge an average annual flow of 25 gallons per minute or less shall have a 25 foot buffer or they may be piped, at the discretion of the landowner, pursuant to the terms of a rule providing for a general variance promulgated by the board providing for notice to the division or local issuing authority of the location and extent of the piping and prescribed methodology for minimizing the impact of such piping and for measuring the volume of water discharged by the stream. Any such pipe must stop short of the downstream landowner's property, and the landowner must comply with the buffer requirement for any adjacent trout streams. The director may grant a variance from such buffer to allow land-disturbing activity, provided that adequate erosion control measures are incorporated in the project plans and specifications and are implemented. The following requirements shall apply to any such buffer:
(A) No land-disturbing activities shall be conducted within a buffer and a buffer shall remain in its natural, undisturbed, state of vegetation until all land-disturbing activities on the construction site are completed. Once the final stabilization of the site is achieved, a buffer may be thinned or trimmed of vegetation as long as a protective vegetative cover remains to protect water quality and aquatic habitat and a natural canopy is left in sufficient quantity to keep shade on the stream bed; provided, however, that any person constructing a single-family residence, when such residence is constructed by or under contract with the owner for his or her own occupancy, may thin or trim vegetation in a buffer at any time as long as protective vegetative cover remains to protect water quality and aquatic habitat and a natural canopy is left in sufficient quantity to keep shade on the stream bed; (B) On or before December 31, 2000, the board shall adopt rules which contain specific criteria for the grant or denial by the director of requests for variances. After such date, no variance shall be granted by the director which is not consistent with the criteria contained in such rules; provided, however, that, should the board fail to adopt rules which contain specific criteria for the grant or denial of requests for variances by the director on or before December 31, 2000, the authority of the director to issue such variances shall be suspended until the board adopts such rules; and (C) The buffer shall not apply to the following land-disturbing activities, provided that they occur at an angle, as measured from the point of crossing, within 25 degrees of perpendicular to the stream; cause a width of disturbance of not more than 50 feet within the buffer; and adequate erosion control measures are incorporated into the project plans and specifications and are implemented:
(i) Stream crossings for water lines; or (ii) Stream crossings for sewer lines. (c) Nothing contained in this chapter shall prevent any local issuing authority from adopting rules and regulations, ordinances, or resolutions which contain

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stream buffer requirements that exceed the minimum requirements in subsection (b) of this Code section. (d) The fact that land-disturbing activity for which a permit has been issued results in injury to the property of another shall neither constitute proof of nor create a presumption of a violation of the standards provided for in this Code section or the terms of the permit.
12-7-7.
(a) No land-disturbing activities shall be conducted in this state, except those land-disturbing activities provided for in Code Section 12-7-17, without the operator first securing a permit from a local issuing authority or providing notice of intent to the division as required by this Code section. (b) In those counties and municipalities which are certified as local issuing authorities pursuant to subsection (a) of Code Section 12-7-8:
(1) The application for such permit shall be made to and the permit shall be issued by the governing authority of the county wherein such land-disturbing activities are to occur, in the event that such activities will occur outside the corporate limits of a municipality; (2) In those instances where such activities will occur within the corporate limits of any municipality, the application for such permit shall be made to and the permit shall be issued by the governing authority of the municipality in which such land-disturbing activities are to occur; and (3) The local issuing authority shall conduct inspections and enforce the permits it issues. (c) In those counties and municipalities which are not certified pursuant to subsection (a) of Code Section 12-7-8, the terms of the state general permit shall apply, those terms shall be enforced by the division, and no individual land-disturbing activity permit under this Code section will be required; provided, however, that notice of intent shall be submitted to the division prior to commencement of any land-disturbing activities under the state general permit in any of such uncertified counties or municipalities. (d)(l) Fees assessed pursuant to paragraph (5) of subsection (a) of Code Section 12-5-23 shall be calculated and paid by the primary permittee as defined in the state general permit for each acre of land-disturbing activity included in the planned development or each phase of development. (2) In a jurisdiction that is certified pursuant to subsection (a) of Code Section 12-7-8, half of any such fees levied shall be submitted by the applicant to the local issuing authority and half of such fees shall be submitted to the division; except that any and all fees due from an entity which is required to give notice pursuant to paragraph (9) or (10) of Code Section 12-7-17 shall be submitted in full to the division, regardless of the existence of a local issuing authority in the jurisdiction. In a jurisdiction where there is no local issuing authority, the full fee shall be submitted to the division. (e) Except as provided in this subsection, no permit shall be issued pursuant to subsection (b) of this Code section unless the erosion and sediment control plan has been approved by the appropriate district as is required by Code Section

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12-7-10. When the governing authority of a county or municipality lying within the boundaries of the district demonstrates capabilities to review and approve an erosion and sediment control plan and requests an agreement with the district to conduct such review and approval, the district, with the concurrence of the commission, shall enter into an agreement which allows the governing authority to conduct review and approval without referring the application and plan to the district, if such governing authority meets the conditions specified by the district as set forth in the agreement. A district may not enter into an agreement authorized in this Code section with the governing authority of any county or municipality which is not certified pursuant to subsection (a) of Code Section 12-7-8.
(f)( 1) If a permit applicant has had two or more violations of previous permits or this Code section within three years prior to the date of filing of the application under consideration, the local issuing authority may deny the permit application. (2) The local issuing authority may require the permit applicant to post a bond in the form of government security, cash, irrevocable letter of credit, or any combination thereof up to, but not exceeding, $3,000.00 per acre of the proposed land-disturbing activity, prior to issuing the permit. If the applicant does not comply with this Code section or with the conditions of the permit after issuance, the local issuing authority may call the bond or any part thereof to be forfeited and may use the proceeds to hire a contractor to stabilize the site of the land-disturbing activity and bring it into compliance. This subsection shall not apply unless there is in effect an ordinance or statute specifically providing for hearing and judicial review of any determination or order of the local issuing authority with respect to alleged permit violations.
12-7-7.1. (a) As used in this Code section, the term 'contractor1 means the individual, firm, corporation, or combination thereof or governmental organization contracting with the Department of Transportation or State Road and Tollway Authority for the performance of prescribed work.
(b)( 1) In addition to the requirements of Code Section 12-7-6, the Department of Transportation or the State Road and Tollway Authority after July 1, 2003, shall not contract for land-disturbing activity on any construction or maintenance project that will disturb one or more contiguous acres of land until an erosion and sediment control plan for such project has been prepared and accepted pursuant to this Code section. (2) Through its own forces or by means of the acquisition of professional service pursuant to the provisions of Chapter 22 of Title 50, the Department of Transportation or the State Road and Tollway Authority shall be responsible for the preparation of an erosion and sediment control plan for any construction or maintenance project as required by paragraph (1) of this subsection. Any consultant providing such professional service shall be prequalified by the Department of Transportation as a responsible bidder for the design of erosion and sediment control plans. The division shall assist the Department of

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Transportation in developing the prequalification approval process for purposes of this subsection. (c) Upon completion of a proposed plan, the same shall be submitted to the division for review and comment as required by the state general permit. (d)(l) All bidders for any construction or maintenance project subject to this Code section shall review and submit with their bid proposal a cost estimate as a separate bid for the implementation of the plan, it being understood that the contractor may utilize either its own personnel and resources, qualified subcontractors, or both for implementation of the plan. All contractors and subcontractors for such project shall be prequalified by the Department of Transportation as a responsible bidder for the installation of erosion and sediment control devices in accordance with a plan. The division shall assist the Department of Transportation in developing the prequalification approval process for purposes of this subsection. (2) The contractor for a construction or maintenance project subject to this Code section shall be responsible for implementing the plan on the awarded project. Payment to any contractor under any contract for implementing any part or all of any plan shall not be on a lump sum basis; rather, such payment shall be based upon unit prices for specific quantities of work performed pursuant to the approved erosion and sediment control plan plus any additional quantities of completed work necessitated by project conditions affecting erosion and sediment control, including without limitation soil types and weather conditions. Charges for all maintenance and cleaning of erosion and sediment control devices shall likewise be paid on a unit price basis. (e)(l) Through the services of independent consultants, contractors, or subcontractors, or by its own forces, the Department of Transportation shall monitor the water quality and inspect the installation and maintenance of the best management practices in accordance with the plan. All such consultants, contractors, or subcontractors shall be prequalified by the Department of Transportation as a responsible bidder for the inspection of such best management practices and shall have the necessary expertise to determine that such practices are being installed and maintained in accordance with the plan. The division shall assist the Department of Transportation in developing the prequalification approval process for purposes of this subsection. (2) Proper design, installation, and maintenance of best management practices shall constitute a complete defense to any action by the director or to any other allegation of noncompliance with paragraph (2) of subsection (a) of Code Section 12-7-6. (3) If deficiencies in the plan or installation or maintenance of best management practices are discovered during the inspection, the Department of Transportation or the State Road and Tollway Authority shall determine the appropriate corrective action. Further, the Department of Transportation or State Road and Tollway Authority may require the consultant to amend the plan or the contractor to change its procedures by change order or supplemental agreement in order to institute such changes as may be necessary

236______GENERAL ACTS AND RESOLUTIONS, VOL. I_________
to correct any errors or deficiencies in the plan, the implementation of the plan, or the maintenance of the best management practices. (4) The division, the Department of Transportation, or the State Road and Tollway Authority shall control or coordinate the work of its employees inspecting any project so as to prevent any delay of, interference with, or hindrance to any contractor performing land-disturbing activity on any project subject to the provisions of this Code section. (f)(l) There shall be an Erosion and Sediment Control Overview Council which shall provide guidance on the best management practices for implementing any erosion and sediment control plan for purposes of this Code section. The council shall be composed of nine members, including one member who shall be appointed by the Speaker of the House of Representatives and serve at the pleasure thereof; one member who shall be appointed by the Lieutenant Governor and serve at the pleasure thereof; and seven members who shall be appointed by the Governor and serve at the pleasure thereof, including one employee each from the Department of Transportation, the Environmental Protection Division of the Department of Natural Resources, and the Georgia Regional Transportation Authority, a professional engineer licensed to practice in this state from a private engineering consulting firm practicing environmental engineering, two representatives ofthe highway contracting industry certified by the Department of Transportation, and a chairperson. The council shall meet at the call of the chairperson. Each councilmember shall receive a daily allowance in the amount specified in subsection (b) of Code Section 45-7-21; provided, however, that any full-time state employee serving on the council shall draw no compensation but shall receive necessary expenses. The commissioner is authorized to pay such compensation and expenses from department funds. (2) The council may develop recommendations governing the preparation of plans and the installation and maintenance of best management practices. If a dispute concerning the requirements of this Code section should arise, the Erosion and Sediment Control Overview Council shall mediate the dispute, (g) Nothing in this Code section shall be construed to affect the division's authority under Article 2 of Chapter 5 of this title, the 'Georgia Water Quality Control Act.'
12-7-8.
(a)( 1) If a county or municipality has enacted ordinances which meet or exceed the standards, requirements, and provisions of this chapter and the state general permit, except that the standards, requirements, and provisions of the ordinances for monitoring, reporting, inspections, design standards, turbidity standards, and education and training shall not exceed the state general permit requirements, and which are enforceable by such county or municipality, and if a county or municipality documents that it employs qualified personnel to implement enacted ordinances, the director may certify such county or municipality as a local issuing authority for the purposes of this chapter.

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(2) A local issuing authority shall regulate both primary and secondary permittees as such terms are defined in the state general permit. Primary permittees shall be responsible for installation and maintenance of best management practices where the primary permittee is conducting land-disturbing activities. Secondary permittees shall be responsible for installation and maintenance of best management practices where the secondary permittee is conducting land-disturbing activities. A local issuing authority must review, revise, or amend its ordinances within 12 months of any amendment to this chapter. (b) The districts or the commission or both shall periodically review the actions of counties and municipalities which have been certified as local issuing authorities pursuant to subsection (a) of this Code section. The districts or the commission or both may provide technical assistance to any county or municipality for the purpose of improving the effectiveness of the county's or municipality's erosion and sedimentation control program. The districts or the commission shall notify the division and request investigation by the division if any deficient or ineffective local program is found. (c) The board, on or before December 31, 2003, shall promulgate rules and regulations setting forth the requirements and standards for certification and the procedures for decertification of a local issuing authority. The division may periodically review the actions of counties and municipalities which have been certified as local issuing authorities pursuant to subsection (a) of this Code section. Such review may include, but shall not be limited to, review of the administration and enforcement of a governing authority's ordinances and review of conformance with an agreement, if any, between the district and the governing authority. If such review indicates that the governing authority of any county or municipality certified pursuant to subsection (a) of this Code section has not administered or enforced its ordinances or has not conducted the program in accordance with any agreement entered into pursuant to subsection (e) of Code Section 12-7-7, the division shall notify the governing authority of the county or municipality in writing. The governing authority of any county or municipality so notified shall have 30 days within which to take the necessary corrective action to retain certification as a local issuing authority. If the county or municipality does not take necessary corrective action within 30 days after notification by the division, the division may revoke the certification of the county or municipality as a local issuing authority. (d) The director may determine that the public interest requires initiation of an enforcement action by the division. Where such a determination is made and the local issuing authority has failed to secure compliance, the director may implement the board's rules and seek compliance under provisions of Code Sections 12-7-12 through 12-7-15. For purposes of this subsection, enforcement actions taken by the division pursuant to Code Sections 12-7-12 through 12-7-15 shall not require prior revocation of certification of the county or municipality as a local issuing authority.

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12-7-9.
(a) Applications for permits shall be submitted in accordance with this chapter and the rules and regulations, ordinances, and resolutions adopted pursuant to this chapter. Such applications shall be accompanied by the applicant's erosion and sediment control plans and by such supportive data as will affirmatively demonstrate that the land-disturbing activity proposed will be carried out in such a manner that the minimum requirements set forth in Code Section 12-7-6 shall be met. All applications shall contain a certification stating that the plan preparer or the designee thereof visited the site prior to creation of the plan or that such a visit was not required in accordance with rules and regulations established by the board. (b) No permit shall be issued to any applicant unless the local issuing authority affirmatively determines that the plan embracing such activities meets the requirements of Code Section 12-7-6. All applicable fees shall be paid prior to issuance of the land disturbance permit by the local issuing authority. (c) Permits shall be issued or denied as soon as practicable after the application therefor has been filed with the local issuing authority, but in any event not later than 45 days thereafter.
12-7-10.
Except as otherwise provided by Code Section 12-7-7, immediately upon receipt of an application for a permit the application and plan for sediment and erosion control shall be referred to the appropriate district wherein such land-disturbing activities are proposed to take place, for its review and approval or disapproval concerning the adequacy of the erosion and sediment control plan proposed by the applicant. A district shall approve or disapprove a plan within 35 days of receipt. Failure of a district to act within 35 days shall be considered an approval of the pending plan.
12-7-11.
(a) Within the time specified by Code Section 12-7-9, the local issuing authority shall issue or deny the permit. The local issuing authority, upon denial of a permit, shall state its reasons for the denial, setting forth specifically wherein such application is found to be deficient. Any land-disturbing activity permitted under this chapter shall be carried out in accordance with this chapter and the ordinance, resolution, or rules and regulations adopted and promulgated pursuant to this chapter. The local issuing authority shall specify on the permit the conditions under which the activity may be undertaken. (b) The permit may be suspended, revoked, or modified by the local issuing authority, as to all or any portion of the land affected by the plan, upon a finding that the holder or his or her successor in title is not in compliance with the approved erosion and sediment control plan or that the holder or his or her successor in title is in violation of this chapter or any ordinance, resolution, rule, or regulation adopted or promulgated pursuant to this chapter. A holder of a permit shall notify any successor in title to him or her as to all or any portion of the land affected by the approved plan of the conditions contained in the permit.

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12-7-12.
(a) Except as provided in subsection (d) of this Code section, whenever the director has reason to believe that a violation of any provision of this chapter, any rule or regulation of the board, or any order of the director has occurred in a county or municipality which is not certified pursuant to subsection (a) of Code Section 12-7-8, the director may issue an order directed to such violator or violators. The order shall specify the provisions of this chapter or the rules or regulations or order alleged to have been violated and may require that land-disturbing activity be stopped until necessary corrective action and mitigation have been taken or may require that necessary corrective action and mitigation be taken within a reasonable time to be prescribed in the order. Any order issued by the director under this Code section shall be signed by the director. Any such order shall become final unless the person or persons named therein request, in writing, a hearing pursuant to Code Section 12-7-16. (b) Except as provided in subsection (d) of this Code section, whenever a local issuing authority has reason to believe that a violation of any provision of a local ordinance or resolution has occurred within the jurisdiction of the local issuing authority, the local issuing authority may require that land-disturbing activity be stopped until necessary corrective action and mitigation have been taken or may require that necessary corrective action and mitigation be taken within a reasonable time. (c) The following procedures shall apply to the issuances of stop work orders:
(1) For the first and second violations of the provisions of this chapter, the director or the local issuing authority shall issue a written warning to the violator. The violator shall have five days to correct the violation. If the violation is not corrected within five days, the director or local issuing authority shall issue a stop work order requiring that land-disturbing activities be stopped until necessary corrective action or mitigation has occurred; provided, however, that, if the violation presents an imminent threat to public health or waters of the state, the director or local issuing authority shall issue an immediate stop work order in lieu of a warning; (2) For a third and each subsequent violation, the director or local issuing authority shall issue an immediate stop work order; and (3) All stop work orders shall be effective immediately upon issuance and shall be in effect until the necessary corrective action or mitigation has occurred. (d) When a violation of this chapter in the form of taking action without a permit, failure to maintain a stream buffer, or significant amounts of sediment, as determined by the local issuing authority or by the director or his or her designee, have been or are being discharged into state waters and where best management practices have not been properly designed, installed, and maintained, a stop work order shall be issued by the local issuing authority or by the director or his or her designee. All such stop work orders shall be effective immediately upon issuance and shall be in effect until the necessary corrective action or mitigation has occurred. Such stop work orders shall apply to all

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land-disturbing activity on the site with the exception of the installation and maintenance of temporary or permanent erosion and sediment controls.
12-7-13. Whenever, in the judgment of the director, any person has engaged in or is about to engage in any act or practice which constitutes or would constitute a violation of this chapter, the rules and regulations adopted pursuant to this chapter, or any order or permit conditions in a county or municipality which is not certified pursuant to subsection (a) of Code Section 12-7-8, he or she may make application to the superior court of the county where such person resides or, if such person is a nonresident of the state, to the superior court of the county in which the violative act or practice has been or is about to be engaged in for an order enjoining such act or practice or for an order requiring compliance with this chapter, the rules and regulations adopted pursuant to this chapter, or the order or permit condition. Upon a showing by the director that such person has engaged in or is about to engage in any such violative act or practice, a permanent or temporary injunction, restraining order, or other order shall be granted without the necessity of showing the lack of an adequate remedy at law.
12-7-14.
(a) Notwithstanding any other provision of this chapter to the contrary, upon receipt of evidence that certain land-disturbing activities occurring in a municipality or county which is not certified pursuant to subsection (a) of Code Section 12-7-8 are presenting an imminent and substantial danger to the environment or to the health of humans, the director may bring an action as provided in Code Section 12-7-13 to restrain immediately any person causing or contributing to the danger caused by such land-disturbing activities or to take such other action as may be necessary. (b) If it is not practicable to assure prompt protection of the environment or the health of humans solely by commencement of such a civil action, the director may issue such emergency orders as may be necessary to protect the environment or the health of humans who are or may be affected by such land-disturbing activities. Notwithstanding any other provision of this chapter, such order shall be immediately effective for a period of not more than 48 hours, unless the director brings an action under subsection (a) of this Code section before the expiration of such period. Whenever the director brings such an action within such period, such order shall be effective for such period of time as may be authorized by the court pending litigation or thereafter.
12-7-15. Any person who violates any provision of this chapter, the rules and regulations adopted pursuant to this chapter, or any permit condition or limitation established pursuant to this chapter or who negligently or intentionally fails or refuses to comply with any final or emergency order of the director issued as provided in this chapter shall be liable for a civil penalty not to exceed $2,500.00 per day. For the purpose of enforcing the provisions of this chapter, notwithstanding any

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provision in any city charter to the contrary, municipal courts shall be authorized to impose a penalty not to exceed $2,500.00 for each violation. Notwithstanding any limitation of law as to penalties which can be assessed for violations of county ordinances, any magistrate court or any other court of competent jurisdiction trying cases brought as violations of this chapter under county ordinances approved under this chapter shall be authorized to impose penalties for such violations not to exceed $2,500.00 for each violation. Each day during which the violation or failure or refusal to comply continues shall be a separate violation.
12-7-16.
All hearings on and review of contested matters, orders, or permits issued by or filed against the director and all hearings on and review of any other enforcement actions or orders initiated by the director under this chapter shall be provided and conducted in accordance with subsection (c) of Code Section 12-2-2. The hearing and review procedure provided in this Code section is to the exclusion of all other means of hearings or review.
12-7-17.
This chapter shall not apply to the following activities: (1) Surface mining, as the same is defined in Code Section 12-4-72; (2) Granite quarrying and land clearing for such quarrying; (3) Such minor land-disturbing activities as home gardens and individual home landscaping, repairs, maintenance work, fences, and other related activities which result in minor soil erosion; (4) The construction of single-family residences, when such construction disturbs less than one acre and is not a part of a larger common plan of development or sale with a planned disturbance of equal to or greater than one acre and not otherwise exempted under this paragraph; provided, however, that construction of any such residence shall conform to the minimum requirements as set forth in subsection (b) of Code Section 12-7-6 and this paragraph. For single-family residence construction covered by the provisions of this paragraph, there shall be a buffer zone between the residence and any state waters classified as trout streams pursuant to Article 2 of Chapter 5 of this title. In any such buffer zone, no land-disturbing activity shall be constructed between the residence and the point where vegetation has been wrested by normal stream flow or wave action from the banks of the trout waters. For primary trout waters, the buffer zone shall be at least 50 horizontal feet, and no variance to a smaller buffer shall be granted. For secondary trout waters, the buffer zone shall be at least 50 horizontal feet, but the director may grant variances to no less than 25 feet. Regardless of whether a trout stream is primary or secondary, for first order trout waters, which are streams into which no other streams flow except for springs, the buffer shall be at least 25 horizontal feet, and no variance to a smaller buffer shall be granted. The minimum requirements of subsection (b) of Code Section 12-7-6 and the buffer zones provided by this paragraph shall be enforced by the issuing authority;

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(5) Agricultural operations as defined in Code Section 1-3-3 to include those practices involving the establishment, cultivation, or harvesting of products of the field or orchard; the preparation and planting of pasture land; farm ponds; dairy operations; livestock and poultry management practices; and the construction of farm buildings; (6) Forestry land management practices, including harvesting; provided, however, that when such exempt forestry practices cause or result in land-disturbing or other activities otherwise prohibited in a buffer, as established in paragraphs (15) and (16) of subsection (b) of Code Section 12-7-6, no other land-disturbing activities, except for normal forest management practices, shall be allowed on the entire property upon which the forestry practices were conducted for a period of three years after the completion of such forestry practices; (7) Any project carried out under the technical supervision of the Natural Resources Conservation Service of the United States Department of Agriculture; (8) Any project involving less than one acre of disturbed area; provided, however, that this exemption shall not apply to any land-disturbing activity within a larger common plan of development or sale with a planned disturbance of equal to or greater than one acre or within 200 feet of the bank of any state waters, and for purposes of this paragraph, 'state waters' excludes channels and drainageways which have water in them only during and immediately after rainfall events and intermittent streams which do not have water in them year round; provided, however, that any person responsible for a project which involves less than one acre, which involves land-disturbing activity, and which is within 200 feet of any such excluded channel or drainageway must prevent sediment from moving beyond the boundaries of the property on which such project is located and provided, further, that nothing contained in this chapter shall prevent a city or county which is a local issuing authority from regulating any such project which is not specifically exempted by paragraph (1), (2), (3), (4), (5), (6), (7), (9), or (10) of this Code section; (9) Construction or maintenance projects, or both, undertaken or financed in whole or in part, or both, by the Department of Transportation, the Georgia Highway Authority, or the State Road and Tollway Authority; or any road construction or maintenance project, or both, undertaken by any county or municipality; provided, however, that construction or maintenance projects of the Department of Transportation or the State Road and Tollway Authority which disturb one or more contiguous acres of land shall be subject to the provisions of Code Section 12-7-7.1; except where the Department of Transportation, the Georgia Highway Authority, or the State Road and Tollway Authority is a secondary permittee for a project located within a larger common plan of development or sale under the state general permit, in which case a copy of a notice of intent under the state general permit shall be submitted to the local issuing authority, the local issuing authority shall enforce compliance with the minimum requirements set forth in Code Section 12-7-6

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as if a permit had been issued, and violations shall be subject to the same penalties as violations by permit holders; (10) Any land-disturbing activities conducted by any electric membership corporation or municipal electrical system or any public utility under the regulatory jurisdiction of the Public Service Commission, any utility under the regulatory jurisdiction of the Federal Energy Regulatory Commission, any cable television system as defined in Code Section 36-18-1, or any agency or instrumentality of the United States engaged in the generation, transmission, or distribution of power; except where an electric membership corporation or municipal electrical system or any public utility under the regulatory jurisdiction of the Public Service Commission, any utility under the regulatory jurisdiction of the Federal Energy Regulatory Commission, any cable television system as defined in Code Section 36-18-1, or any agency or instrumentality of the United States engaged in the generation, transmission, or distribution of power is a secondary permittee for a project located within a larger common plan of development or sale under the state general permit, in which case the local issuing authority shall enforce compliance with the minimum requirements set forth in Code Section 12-7-6 as if a permit had been issued, and violations shall be subject to the same penalties as violations by permit holders; and (11) Public water system reservoirs.
12-7-18.
No provision of this chapter shall authorize any person to violate Article 2 of Chapter 5 of this title, the 'Georgia Water Quality Control Act,' or the rules and regulations promulgated and approved under said article or to pollute any waters of this state as defined in said article.
12-7-19.
(a) After December 31, 2006, all persons involved in land development design, review, permitting, construction, monitoring, or inspection or any land-disturbing activity shall meet the education and training certification requirements, dependent on their level of involvement with the process, as developed by the commission in consultation with the division and the Stakeholder Advisory Board created pursuant to Code Section 12-7-20. (b) No less than the following training programs shall be established:
(1) A fundamentals seminar (Level 1) will be established which provides sufficient training to all participants as to the applicable laws, requirements, processes, and latest means and methods recognized by the state to effectively control erosion and sedimentation; (2) An advanced fundamentals seminar (Level 1) will be established which provides additional details of installation and maintenance of best management practices for both regulatory and nonregulatory inspectors and others; (3) An introduction to design seminar (Level 2) will be established which provides required training to design and review a successful erosion, sedimentation, and pollution control plan;

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(4) An awareness seminar (Level 1) will be established which provides information regarding the erosion and sediment control practices and processes in the state and which will include an overview of the systems, laws, and roles of the participants; and (5) A trainer and instructor seminar will be established for both Level 1 and Level 2 trainers and instructors which will provide the minimum training as to applicable laws and best management practices and design of erosion, sedimentation, and pollution control plans in the state. (c) Trainer and instructor qualifications will be established with the following minimum requirements: (1) Level 1 trainers and instructors shall meet at least the following minimum requirements and any other requirements as set by the commission:
(A) Education: four-year college degree or five years' experience in the field of erosion and sediment control; (B) Experience: five-years' experience in the field of erosion and sediment control. Where years of experience is used in lieu of the education requirement of subparagraph (A) of this paragraph, a total often years' field experience is required; (C) Approval by the commission and the Stakeholder Advisory Board; and (D) Successful completion of the Level 1 trainer and instructor seminar found in paragraph (5) of subsection (b) of this Code section; and (2) Level 2 trainers and instructors shall meet at least the minimum requirements of a Level 1 trainer or instructor, any other requirements as set by the commission, and successful completion of the Level 2 trainer and instructor seminar created under paragraph (5) of subsection (b) of this Code section. (d) In addition to the requirements of subsection (c) of this Code section, the commission shall establish and any person desirous of holding certification must obtain a passing grade as established by the Stakeholder Advisory Board on a final exam covering the material taught in each mandatory seminar. Final exams may, at the discretion of the commission, serve in lieu of attendance at the seminar. (e)(l) A certification provided by achieving the requirements established by the commission shall expire no later than three years after its issuance. (2) A certified individual shall be required to attend and participate in at least four hours of approved continuing education courses, as established by the commission, every three years. (3) A certification may be extended or renewed by meeting requirements established by the commission. (4) Revocation procedures may be established by the commission in consultation with the division and the Stakeholder Advisory Board.
12-7-20.
(a) There shall be a Stakeholder Advisory Board to consist of not more than 13 members.

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(b) Members shall be appointed by the Governor, shall serve at the pleasure thereof, and shall represent the following interests:
(1) The division; (2) The commission; (3) Soil and water conservation districts; (4) The Department of Transportation; (5) Municipal governments; (6) County governments; (7) Public utilities; (8) The engineering and design community; (9) The construction community; (10) The development community; (11) The environmental community; (12) The Erosion and Sediment Control Overview Council; and (13) Educators. (c) The Stakeholder Advisory Board shall elect one of its members as chairperson. The chairperson shall call all meetings of the Stakeholder Advisory Board. (d) The Stakeholder Advisory Board shall be responsible for working together with the division and the commission to establish, evaluate, and maintain the education and training program established pursuant to Code Section 12-7-19, including but not limited to reviewing course curricula, educational materials, and exam and testing procedures; evaluating trainer and instructor qualifications; and reviewing audit results performed by the commission. (e) The Stakeholder Advisory Board may conduct such meetings at such places and at such times as it may deem necessary or convenient to enable it to exercise fully and effectively its powers, perform its duties, and accomplish the objectives and purposes of this Code section. Meetings shall be held on the written notice of the chairperson. The notice of a meeting shall set forth the date, time, and place of the meeting. Minutes shall be kept of all meetings. (f) A majority of the members shall constitute a quorum of the Stakeholder Advisory Board. The powers and duties ofthe Stakeholder Advisory Board shall be transacted, exercised, and performed only pursuant to an affirmative vote of a majority of those members present at a meeting at which a quorum is present. (g) Members of the Stakeholder Advisory Board shall not be entitled to any compensation for the rendering of their services to the Stakeholder Advisory Board.
12-7-21.
(a) In furtherance of its efforts to improve the quality of the natural resources of the state, the board shall appoint a panel of not more than 16 members to study the controls implemented pursuant to this chapter; the turbidity standards in place in the state; and any standards or indicators other than turbidity that may be more appropriate to assess the effectiveness and cost efficiencies of the controls. Members shall serve for terms ending three years after the date this Code section becomes effective. Such panel shall be appointed and such study shall

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commence in the calendar year this Code section becomes effective. Such study shall take into account the physiographic differences of various regions of the state. The panel shall complete its study and shall issue a report regarding such standards, indicators, and controls to the General Assembly not later than three years after the effective date of this Code section. Any changes recommended as a result of such study shall be at least as protective of water quality as those standards and practices set forth in this chapter as of the effective date of this Code section. (b) The study panel shall elect one of such panel members as chairperson. The chairperson shall call all meetings of the panel. (c) The panel may conduct such meetings at such places and at such times as it may deem necessary or convenient to enable it to exercise fully and effectively its powers, perform its duties, and accomplish the objectives and purposes of this Code section. Meetings shall be held on the written notice of the chairperson. The notice of a meeting shall set forth the date, time, and place of the meeting. Minutes shall be kept of all meetings. (d) A majority of the members shall constitute a quorum of the panel. The powers and duties of the panel shall be transacted, exercised, and performed only pursuant to an affirmative vote of a majority of those members present at a meeting at which a quorum is present. (e) Members of the panel shall not be entitled to any compensation for the rendering of their services to the panel. (f) The funds necessary for the study and report authorized under this Code section shall come from funds appropriated to or otherwise available to the department. (g) This Code section shall stand repealed three years after the date it becomes effective.
12-7-22.
In order to achieve efficiencies and economies for both the division and the regulated community by the use of electronic filing for certain application and reporting requirements of this chapter and National Pollution Discharge Elimination System permits, the division and the Pollution Prevention Assistance Division of the department shall jointly work toward implementing such an electronic filing and reporting system as soon as practicable and allowable under federal regulations."
SECTION 6. All laws and parts of laws in conflict with this Act are repealed.
Approved May 27, 2003.

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APPEAL AND ERROR - CRIMINAL PROCEDURE POSTCONVICTION DNA TESTING; EVIDENCE RETENTION; VICTIM NOTIFICATION.
No. 37 (Senate Bill No. 119).
AN ACT
To amend Title 5 of the Official Code of Georgia Annotated, relating to appeal and error, so as to provide that a request for postconviction DNA testing shall be made through an extraordinary motion for new trial; to provide for postconviction DNA testing of evidence in certain criminal cases; to provide procedures, limitations, conditions, and standards for the conduct of postconviction DNA testing of evidence; to provide for appeals by either party in cases where DNA testing is requested; to change provisions relating to when orders, decisions, or judgments are appealable by the state; to amend Title 17 of the Official Code of Georgia Annotated, relating to criminal procedure, so as to provide standards for the retention of evidence in criminal cases; to provide for victim notification when an accused files an extraordinary motion for new trial; to provide for other 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:
SECTION 1. Title 5 of the Official Code of Georgia Annotated, relating to appeal and error, is amended by adding a new subsection to the end of Code Section 5-5-41, relating to general requirements for extraordinary motions for new trial, to read as follows:
"(c)( 1) Subj ect to the provisions ofsubsections (a) and (b) ofthis Code section, a person convicted of a serious violent felony as defined in Code Section 17-10-6.1 may file a written motion before the trial court that entered the judgment of conviction in his or her case, for the performance of forensic deoxyribonucleic acid (DNA) testing. (2) The filing of the motion as provided in paragraph (1) of this subsection shall not automatically stay an execution. (3) The motion shall be verified by the petitioner and shall show or provide the following:
(A) Evidence that potentially contains deoxyribonucleic acid (DNA) was obtained in relation to the crime and subsequent indictment, which resulted in his or her conviction; (B) The evidence was not subjected to the requested DNA testing because the existence of the evidence was unknown to the petitioner or to the petitioner's trial attorney prior to trial or because the technology for the testing was not available at the time of trial; (C) The identity of the perpetrator was, or should have been, a significant issue in the case;

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(D) The requested DNA testing would raise a reasonable probability that the petitioner would have been acquitted if the results of DNA testing had been available at the time of conviction, in light of all the evidence in the case; (E) A description of the evidence to be tested and, if known, its present location, its origin and the date, time, and means of its original collection; (F) The results of any DNA or other biological evidence testing that was conducted previously by either the prosecution or the defense, if known; (G) If known, the names, addresses, and telephone numbers of all persons or entities who are known or believed to have possession of any evidence described by subparagraphs (A) through (F) of this paragraph, and any persons or entities who have provided any of the information contained in petitioner's motion, indicating which person or entity has which items of evidence or information; and (H) The names, addresses, and telephone numbers of all persons or entities who may testify for the petitioner and a description of the subject matter and summary of the facts to which each person or entity may testify. (4) The petitioner shall state: (A) That the motion is not filed for the purpose of delay; and (B) That the issue was not raised by the petitioner or the requested DNA testing was not ordered in a prior proceeding in the courts of this state or the United States. (5) The motion shall be served upon the district attorney and the Attorney General. The state shall file its response, if any, within 60 days of being served with the motion. The state shall be given notice and an opportunity to respond at any hearing conducted pursuant to this subsection. (6)(A) If, after the state files its response, if any, and the court determines that the motion complies with the requirements of paragraphs (3) and (4) of this subsection, the court shall order a hearing to occur after the state has filed its response, but not more than 90 days from the date the motion was filed. (B) The motion shall be heard by the judge who conducted the trial that resulted in the petitioner's conviction unless the presiding judge determines that the trial judge is unavailable. (C) Upon request of either party, the court may order, in the interest of justice, that the petitioner be at the hearing on the motion. The court may receive additional memoranda of law or evidence from the parties for up to 30 days after the hearing. (D) The petitioner and the state may present evidence by sworn and notarized affidavits or testimony; provided, however, any affidavit shall be served on the opposing party at least 15 days prior to the hearing. (E) The purpose of the hearing shall be to allow the parties to be heard on the issue of whether the petitioner's motion complies with the requirements of paragraphs (3) and (4) of this subsection, whether upon consideration of all of the evidence there is a reasonable probability that the verdict would have been different if the results of the requested DNA testing had been

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available at the time of trial, and whether the requirements of paragraph (7) of this subsection have been established. (7) The court shall grant the motion for DNA testing if it determines that the petitioner has met the requirements set forth in paragraphs (3) and (4) of this subsection and that all of the following have been established: (A) The evidence to be tested is available and in a condition that would permit the DNA testing requested in the motion; (B) The evidence to be tested has been subject to a chain of custody sufficient to establish that it has not been substituted, tampered with, replaced, or altered in any material respect; (C) The evidence was not tested previously or, if tested previously, the requested DNA test would provide results that are reasonably more discriminating or probative of the identity of the perpetrator than prior test results; (D) The motion is not made for the purpose of delay; (E) The identity of the perpetrator of the crime was a significant issue in the case; (F) The testing requested employs a scientific method that has reached a scientific state of verifiable certainty such that the procedure rests upon the laws of nature; and (G) The petitioner has made a prima facie showing that the evidence sought to be tested is material to the issue of the petitioner's identity as the perpetrator of, or accomplice to, the crime, aggravating circumstance, or similar transaction that resulted in the conviction. (8) If the court orders testing pursuant to this subsection, the court shall determine the method of testing and responsibility for payment for the cost of testing, if necessary, and may require the petitioner to pay the costs of testing if the court determines that the petitioner has the ability to pay. If the petitioner is indigent, the cost shall be paid from the fine and forfeiture fund as provided in Article 3 of Chapter 5 of Title 15. (9) If the court orders testing pursuant to this subsection, the court shall order that the evidence be tested by the Division of Forensic Sciences of the Georgia Bureau of Investigation. In addition, the court may also authorize the testing of the evidence by a laboratory that meets the standards of the DNA advisory board established pursuant to the DNA Identification Act of 1994, Section 14131 of Title 42 of the United States Code, to conduct the testing. The court shall order that a sample of the petitioner's DNA be submitted to the Division of Forensic Sciences of the Georgia Bureau of Investigation and that the DNA analysis be stored and maintained by the bureau in the DNA data bank. (10) If a motion is filed pursuant to this subsection the court shall order the state to preserve during the pendency of the proceeding all evidence that contains biological material, including, but not limited to, stains, fluids, or hair samples in the state's possession or control. (11) The result of any test ordered under this subsection shall be fully disclosed to the petitioner, the district attorney, and the Attorney General.

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(12) The judge shall set forth by written order the rationale for the grant or denial of the motion for new trial filed pursuant to this subsection. (13) The petitioner or the state may appeal an order, decision, or judgment rendered pursuant to this Code section."
SECTION 2. Said title is further amended by striking the "or" at the end of paragraph (5) of subsection (a), the period at the end of paragraph (6) of subsection (a) and inserting a "; or", and adding a new paragraph to subsection (a) of Code Section 5-7-1, relating to orders, decisions, or judgments appealable by the state, to read as follows:
"(7) From an order, decision, or judgment of a superior court granting an extraordinary motion for new trial."
SECTION 3. Title 17 of the Official Code of Georgia Annotated, relating to criminal procedure, is amended in Article 3 of Chapter 5, relating to disposition of property seized, by adding new Code sections at the end of the article to read as follows:
"17-5-55.
(a) In all criminal cases, the court shall designate either the clerk of court, the court reporter, or any other officer of the court to be the custodian of any property that is introduced into evidence during the pendency of the case. Property introduced into evidence shall be identified or tagged with an exhibit number. After verdict and judgment has been entered in any criminal case, the person who has custody of the physical evidence introduced in the case shall inventory the evidence and create an evidence log within 30 days of the entry of the judgment. The evidence log shall contain the case number, style of the case, description of the item, exhibit number, the name of the person creating the evidence log, and the location where the physical evidence is stored. After the evidence log is completed, the judge shall designate the clerk of court, the prosecuting attorney, or the law enforcement agency involved in prosecuting the case to obtain and store the evidence, and a notation shall appear in the evidence log indicating the transfer of evidence. If evidence is transferred to any other party, the evidence log shall be annotated to show the identity of the person or entity receiving the evidence, the date of the transfer, and the location of the evidence. The signature of any person or entity to which physical evidence is transferred shall be captured through electronic means that will be linked to the evidence log or the use of a property transfer form that will be filed with the evidence log. When physical evidence, other than audio or video recordings, is transferred to any person or entity, a photograph or other visual image of the evidence shall be made and placed in the case file. (b) Physical evidence classified as dangerous or contraband by state or federal law, including, but not limited to, items described by state or federal law as controlled substances, dangerous drugs, explosives, weapons, ammunition, biomedical waste, hazardous substances, or hazardous waste shall be properly

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secured in a manner authorized by state or federal law. This evidence may be transferred to a government agency authorized to store or dispose of the material. (c) Documents, photographs, and similar evidence shall be maintained and disposed of in accordance with records retention schedules adopted in accordance with Article 5 of Chapter 18 of Title 50, known as the 'Georgia Records Act.' Other physical evidence that contains biological material, including, but not limited to, stains, fluids, or hair samples that relate to the identity of the perpetrator of the crime, shall be maintained in accordance with Code Section 17-5-56. A party to an extraordinary motion for new trial or a habeas corpus action in which DNA testing is sought that was filed prior to the expiration of the time prescribed for the preservation of evidence by this Code section, may apply to the court in which the defendant was convicted for an order directing that the evidence be preserved beyond the time period prescribed by this Code section and until judgment in the action shall become final. (d) Except as is otherwise provided in subsections (b) and (c) of this Code section or by law, following the expiration of the period of time set forth in subsections (b) and (c) of this Code section, physical evidence may be disposed of in accordance with the provisions of Article 5 of Chapter 12 of Title 50, known as the 'Disposition of Unclaimed Property Act' or, in the case of property of historical or instructional value, as provided in Code Section 17-5-53.
17-5-56.
(a) Except as otherwise provided in Code Section 17-5-55, on or after the effective date of this Code section, governmental entities in possession of any physical evidence in a criminal case, including, but not limited to, a law enforcement agency or a prosecuting attorney, shall maintain any physical evidence collected at the time of the crime that contains biological material, including, but not limited to, stains, fluids, or hair samples that relate to the identity of the perpetrator of the crime as provided in this Code section. Biological samples collected directly from any person for use as reference materials for testing or collected for the purpose of drug or alcohol testing shall not be preserved. (b) In a case in which the death penalty is imposed, the evidence shall be maintained until the sentence in the case has been carried out. In a case that involves the prosecution of a serious violent felony as defined by Code Section 17-10-6.1, the evidence that contains biological material, including but not limited to, stains, fluids, or hair samples that relate to the identity of the perpetrator of the crime shall be maintained for ten years after judgment in the criminal case becomes final or ten years after the effective date of this Code section, whichever is later. Evidence in all other felony and misdemeanor cases may be purged."
SECTION 4. Said title is further amended by striking paragraph (1) of subsection (a) of Code Section 17-17-12, regarding notification to a victim of an accused's motion for new

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trial or appeal including death penalty cases, and inserting in lieu thereof the following:
"(1) That the accused has filed a motion for new trial, an appeal of his or her conviction, or an extraordinary motion for new trial;".
SECTION 5. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Notwithstanding the provisions of subsection (b) of Code Section 5-5-41, any person convicted of a serious violent felony as defined in Code Section 17-10-6.1, which conviction was imposed prior to the effective date of this Act, who has, prior to the effective date of this Act, filed an extraordinary motion for new trial, may file an extraordinary motion for new trial pursuant to Section 1 of this Act if the issue of DNA testing was not raised or denied in the prior extraordinary motion for new trial. In any extraordinary motion for new trial allowed pursuant to Section 1 of this Act, the court shall not have jurisdiction to reconsider any other issue raised in the first extraordinary motion for new trial. Notwithstanding the provisions of subparagraph (c)(4)(B) of Code Section 5-5-41, any person convicted of a serious violent felony as defined in Code Section 17-10-6.1, which conviction was imposed prior to the effective date of this Act, who has, prior to the effective date of this Act, previously litigated in a court of this state or the United States the issue of postconviction DNA testing and who was denied DNA testing may file an extraordinary motion for new trial pursuant to Section 1 of this Act.
SECTION 6. All laws and parts of laws in conflict with this Act are repealed.
Approved May 27, 2003.
CRIMINAL PROCEDURE - GRAFFITI; INMATE LABOR.
No. 38 (House Bill No. 144).
AN ACT
To amend Title 17 of the Official Code of Georgia Annotated, relating to criminal procedure, so as to provide for use of inmate labor to remove certain graffiti from private property as a form of compensation to innocent victims of criminal trespass or criminal damage to property in the second degree; to expressly provide that sovereign immunity is not waived relative thereto; to provide that local government graffiti removal programs shall not charge certain fees; to define a term; to provide legislative findings and declarations; to amend Title 42 of the Official Code of Georgia Annotated, relating to penal institutions, so as to change certain provisions relating to use of inmates for private gain; to change certain provisions regarding

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inmate accounts; to change certain provisions relating to hiring out of inmates, sales of products produced by inmates, disposition of proceeds, and payments to inmates for services; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Title 17 of the Official Code of Georgia Annotated, relating to criminal procedure, is amended by inserting a new chapter to read as follows:
"CHAPTER ISA
17-15A-1. The provisions of this chapter are enacted pursuant Article III, Section VI, Paragraph VI(f) of the Constitution and are in addition to those provisions for compensation of innocent victims of other crimes under Chapter 15 of this title.
17-5A-2. As used in this chapter, the term 'graffiti' means any inscriptions, words, figures, paintings, or other defacements that are written, marked, etched, scratched, sprayed, drawn, painted, or engraved on or otherwise affixed to any surface of real property or improvements thereon without prior authorization of the owner or occupant of the property by means of any aerosol paint container, broad-tipped marker, gum label, paint stick, graffiti stick, etching equipment, brush, or other device capable of scarring or leaving a visible mark on any surface.
17-15A-3. The General Assembly finds and declares that:
(1) Criminal street gang activity is a serious and continuing public safety concern; (2) Criminal trespass and criminal damage to property in the second degree caused by graffiti being placed unlawfully upon private property are crimes frequently associated with criminal street gang activity; and (3) It is in the public interest, not only in the pursuit of justice but also as a means of combating such criminal street gang activity and of contributing to the general public welfare by improving the esthetics of public views, to compensate as provided in this chapter those private property owners who are the innocent victims of such criminal trespass or criminal damage to property in the second degree by using inmate labor to remove or obliterate graffiti unlawfully placed on private properties when such graffiti is visible from public roads or other public property.
17-15A-4. (a) In order to provide a form of compensation by the state to innocent victims of criminal trespass in violation of Code Section 16-7-21 or criminal damage to

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property in the second degree in violation of Code Section 16-7-23, either of which crime involved the unlawful placement of graffiti upon private property by a person who was not the owner of such property, the Board of Corrections or any political subdivision of this state may authorize the use of labor by inmates from any penal institution or jail under its authority to remove or obliterate such unlawfully placed graffiti when such graffiti is visible from any public road or other public property. Any such authorization and related supervision of inmates shall be a discretionary function within the meaning of paragraph (2) of Code Section 50-21-24 for purposes of sovereign immunity, and the sovereign immunity of neither the state nor any political subdivision thereof is waived for any loss arising out of such authorization or related supervision of inmates. The Board of Corrections shall provide rules and regulations governing such use of labor by inmates from institutions under its jurisdiction. (b) No graffiti removal program operated by any political subdivision of this state shall charge any fee to any property owner or operator for removal of graffiti from such property."
SECTION 2. Title 42 of the Official Code of Georgia Annotated, relating to penal institutions, is amended by striking subsection (d) of Code Section 42-1-5, relating to use of inmates for private gain, and inserting in lieu thereof the following:
"(d) This Code section shall not apply to: (1) Work on private property because of natural disasters; (1.1) Work on private property as a form of victim compensation in accordance with Chapter 15A of Title 17; (2) Work or other programs or releases which have the prior approval of the board or commissioner of corrections; (3) Community service work programs; or (4) Work-release programs."
SECTION 3. Said title is further amended by striking subsection (a) and subsection (b) of Code Section 42-5-55, relating to payments for certain damages and medical costs from inmate accounts, and inserting in lieu thereof the following:
"(a) As used in this Code section, the term: (1) 'Detention facility' means a state, county, or private correctional institution, workcamp, or other state or county detention facility used for the detention of persons convicted of a felony or a misdemeanor. (2) 'Inmate' means a person who is detained in a detention facility by reason of being convicted of a felony or a misdemeanor. (3) 'Medical treatment' means each visit initiated by the inmate to an institutional physician; physician's extender, including a physician's assistant or a nurse practitioner; registered nurse; licensed practical nurse; medical assistant; dentist; dental hygienist; optometrist; or psychiatrist for examination or treatment.

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(4) 'Officer in charge' means the warden, captain, or superintendent having the supervision of any detention facility. (b) The commissioner or, in the case of a county or private facility, the officer in charge may establish by rules or regulations criteria for a reasonable deduction from money credited to the account of an inmate to: (1) Repay the costs of:
(A) Public property or private property in the case of an inmate housed in a private correctional facility willfully damaged or destroyed by the inmate during his or her incarceration; (B) Medical treatment for injuries inflicted by the inmate upon himself or herself or others; (C) Searching for and apprehending the inmate when he or she escapes or attempts to escape; such costs to be limited to those extraordinary costs incurred as a consequence of the escape; or (D) Quelling any riot or other disturbance in which the inmate is unlawfully involved; or (2) Defray the costs paid by the state or county for medical treatment for an inmate when the request for medical treatment has been initiated by the inmate."
SECTION 4. Said title is further amended by striking subsection (e) of Code Section 42-5-60, relating to hiring out of inmates, sales of products produced by inmates, disposition of proceeds, and payments to inmates for services, and inserting in lieu thereof the following:
"(e) The department or any state correctional institution or county correctional institution operating under jurisdiction of the board shall be authorized to require inmates coming into its custody to labor on the public roads or public works or in such other manner as the board may deem advisable, including without limitation any labor authorized under Chapter ISA of Title 17. The department may also contract with municipalities, cities, counties, the Department of Transportation, or any other political subdivision, public authority, public corporation, or agency of state or local government created by law, which entities are authorized by this Code section to contract with the department, for the construction, repair, or maintenance of roads, bridges, public buildings, and any other public works by use of penal labor."
SECTION 5. All laws and parts of laws in conflict with this Act are repealed.
Approved May 27, 2003.

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CRIMES - FIREARMS; WEARING BULLETPROOF VEST.
No. 39 (House Bill No. 173).
AN ACT
To amend Code Section 16-11-160 of the Official Code of Georgia Annotated, relating to use or possession of certain firearms during commission of certain offenses and enhanced criminal penalties therefor, so as to provide that it shall be unlawful for any person to wear a bulletproof vest during the commission or attempted commission of certain offenses; to provide penalties; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Code Section 16-11-160 of the Official Code of Georgia Annotated, relating to use or possession of certain firearms during commission of certain offenses and enhanced criminal penalties therefor, is amended by striking said Code section in its entirety and inserting in lieu thereof the following:
"16-11-160. (a)(l) It shall be unlawful for any person to possess or to use a machine gun, sawed-off rifle, sawed-off shotgun, or a firearm equipped with a silencer, as those terms are defined in Code Section 16-11-121, during the commission or the attempted commission of any of the following offenses: (A) Aggravated assault as defined in Code Section 16-5-21; (B) Aggravated battery as defined in Code Section 16-5-24; (C) Robbery as defined in Code Section 16-8-40; (D) Armed robbery as defined in Code Section 16-8-41; (E) Murder or felony murder as defined in Code Section 16-5-1; (F) Voluntary manslaughter as defined in Code Section 16-5-2; (G) Involuntary manslaughter as defined in Code Section 16-5-3; (H) Sale, possession for sale, transportation, manufacture, offer for sale, or offer to manufacture controlled substances in violation of any provision of Article 2 of Chapter 13 of this title, the 'Georgia Controlled Substances Act'; (I) Terroristic threats or acts as defined in Code Section 16-11-37; (J) Arson as defined in Code Sections 16-7-60, 16-7-61, and 16-7-62; (K) Influencing witnesses as defined in Code Section 16-10-93; and (L) Participation in criminal gang activity as defined in Code Section 16-15-4. (2)(A) As used in this paragraph, the term 'bulletproof vest' means a bullet-resistant soft body armor providing, as a minimum standard, the level of protection known as 'threat level I,' which means at least seven layers of bullet-resistant material providing protection from at least three shots of

_____________GEORGIA LAWS 2003 SESSION___________257
158-grain lead ammunition fired from a .38 caliber handgun at a velocity of 850 feet per second. (B) It shall be unlawful for any person to wear a bulletproof vest during the commission or the attempted commission of any of the following offenses:
(i) Any crime against or involving the person of another in violation of any ofthe provisions ofthis title for which a sentence oflife imprisonment may be imposed; (ii) Any felony involving the manufacture, delivery, distribution, administering, or selling of controlled substances or marijuana as provided in Code Section 16-13-30; or (iii) Trafficking in cocaine, illegal drugs, marijuana, or methamphetamine as provided in Code Section 16-13-31. (b) Any person who violates paragraph (1) of subsection (a) of this Code section shall be guilty of a felony, and, upon conviction thereof, shall be punished by confinement for a period often years, such sentence to run consecutively to any other sentence which the person has received. Any person who violates paragraph (2) of subsection (a) of this Code section shall be guilty of a felony, and, upon conviction thereof, shall be punished by confinement for a period of one to five years, such sentence to run consecutively to any other sentence which the person has received. (c) Upon the second or subsequent conviction of a person under this Code section, the person shall be punished by life imprisonment. Notwithstanding any other law to the contrary, the sentence of any person which is imposed for violating this Code section a second or subsequent time shall not be suspended by a court or a probationary sentence imposed in lieu thereof. (d) The punishment prescribed for the violation of subsections (a) and (c) of this Code section shall not be probated or suspended as is provided by Code Section 17-10-7. (e) Any crime committed in violation of this Code section shall be considered a separate offense."
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.
Approved May 27, 2003.
CRIMES - MARIJUANA; TRAFFICKING.
No. 40 (House Bill No. 196).
AN ACT
To amend Code Section 16-13-31 of the Official Code of Georgia Annotated, relating to trafficking in cocaine, illegal drugs, marijuana, or methamphetamine and

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providing for penalties, so as to reduce the quantity of marijuana needed for a trafficking prosecution; 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 16-13-31 of the Official Code of Georgia Annotated, relating to trafficking in cocaine, illegal drugs, marijuana, or methamphetamine and providing for penalties, is amended by striking subsection (c) and inserting in lieu thereof the following:
"(c) Any person who knowingly sells, manufactures, grows, delivers, brings into this state, or has possession of a quantity of marijuana exceeding 10 pounds commits the offense of trafficking in marijuana and, upon conviction thereof, shall be punished as follows:
(1) If the quantity of marijuana involved is in excess of 10 pounds, but less than 2,000 pounds, the person shall be sentenced to a mandatory minimum term of imprisonment of five years and shall pay a fine of $100,000.00; (2) If the quantity of marijuana involved is 2,000 pounds or more, but less than 10,000 pounds, the person shall be sentenced to a mandatory minimum term of imprisonment of seven years and shall pay a fine of $250,000.00; and (3) If the quantity of marijuana involved is 10,000 pounds or more, the person shall be sentenced to a mandatory minimum term of imprisonment of 15 years and shall pay a fine of $ 1 million."
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.
Approved May 27, 2003.
COURTS - INTERPRETERS.
No. 41 (House Bill No. 255).
AN ACT
To amend Code Section 15-6-77 of the Official Code of Georgia Annotated, relating to superior court fees and construction of other fee provisions, so as to provide that interpreters are provided to petitioners in temporary protective order hearings; to provide for related matters; to repeal conflicting laws; and for other purposes.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Code Section 15-6-77 of the Official Code of Georgia Annotated, relating to superior court fees and construction of other fee provisions, is amended by striking paragraph (4) of subsection (e) and inserting in lieu thereof the following:
"(4) No fee or cost shall be assessed for any service rendered by the clerk of superior court through entry of judgment in family violence cases under Chapter 13 of Title 19 or in connection with the filing, issuance, registration, or service of a protection order or a petition for a prosecution order to protect a victim of domestic violence, stalking, or sexual assault. A petitioner seeking a temporary protective order or a respondent involved in a temporary protective order hearing under the provisions of Code Section 19-13-3 or 19-13-4 shall be provided with a foreign language or sign language interpreter when necessary for the hearing on the petition. The reasonable cost of the interpreter shall be paid by the local victim assistance funds as provided by Article 8 of Chapter 21 of this title. The provisions of this paragraph shall control over any other conflicting provisions of law and shall specifically control over the provisions of Code Sections 15-6-77.1, 15-6-77.2, and 15-6-77.3."
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.
Approved May 27, 2003.
JIM GILLIS-HISTORIC SAVANNAH PARKWAY; DESIGNATED.
No. 42 (House Resolution No. 88).
A RESOLUTION
Designating the Jim Gillis-Historic Savannah Parkway; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the portion of Interstate 16 from the intersection of Interstate 95 in Chatham County to the termination point of Interstate 16 in the City of Savannah be designated the Jim Gillis-Historic Savannah Parkway.

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BE IT FURTHER RESOLVED that the Department of Transportation is authorized and directed to place and maintain appropriate markers designating the Jim Gillis-Historic Savannah Parkway.
Approved May 27, 2003.
CONSERVATION AND NATURAL RESOURCES COASTAL MANAGEMENT EXTENSION.
No. 43 (House Bill No. 157).
AN ACT
To amend Part 6 of Article 4 of Chapter 5 of Title 12 of the Official Code of Georgia Annotated, relating to coastal management, so as to reestablish or continue such provisions until July 1,2009; 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 6 of Article 4 of Chapter 5 of Title 12 of the Official Code of Georgia Annotated, relating to coastal management, is amended by striking Code Section 12-5-329, relating to the repeal of Part 6 of Article 4 of Chapter 5 of Title 12, the "Georgia Coastal Management Act," and inserting in its place a new Code Section 12-5-329 to read as follows:
"12-5-329. Unless reestablished or continued by the General Assembly, this part shall stand repealed in its entirety on July 1, 2009."
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 27, 2003.

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MOTOR VEHICLES - INSURANCE - VEHICLE REGISTRATION AND CANCELLATION; INSURANCE; LICENSING.
No. 44 (House Bill No. 191).
AN ACT
To amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles, so as to provide for the voluntary cancellation of the registration of certain vehicles and the restoration thereof; to change certain provisions relating to form and contents of application for registration and heavy vehicle tax; to provide that vehicle registration or renewal thereof shall not be issued under certain conditions; to change certain provisions relating to notification of coverage termination; to change certain provisions relating to notice of insurance issuance, renewal, or termination; to change certain provisions relating to insurance requirements for operation of motor vehicles generally; to change certain provisions relating to insurance requirements for operation of motorcycles; to amend Chapter 34 of Title 33 of the Official Code of Georgia Annotated, relating to motor vehicle accident reparations, so as to repeal certain provisions relating to vehicles not to be licensed until proof of insurance is furnished; 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 40 of the Official Code of Georgia Annotated, relating to motor vehicles, is amended by adding a new Code Section 40-2-10 to read as follows:
"40-2-10. A vehicle registrant may voluntarily cancel the registration on a vehicle when such vehicle is not in use for any reason, including without limitation if the vehicle is stolen, repossessed but not redeemed by the registrant, junked, inoperable, in storage, used seasonally for agricultural or other purposes, or if the owner is on active duty in the armed forces of the United States and is transferred to a duty station away from the location of the vehicle or is on active sea duty. A registration that has been voluntarily cancelled may be reinstated upon payment of all accrued ad valorem taxes and license fees, if any."
SECTION 2. Said title is further amended in Code Section 40-2-26, relating to form and contents of application for registration and heavy vehicle tax, by striking subsection (d) and inserting in lieu thereof the following:
"(d)( 1) As used in this subsection, for the purpose of issuing or renewing motor vehicle registration, the term 'satisfactory proof means:
(A) Any type of proof that is satisfactory or sufficient proof of the owner's insurance coverage under subsection (a) of Code Section 40-6-10;

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(B) Information obtained from the records or data base of the department regarding the owner's insurance coverage which information is derived from notice provided to the department pursuant to Code Section 40-5-71; or (C) Such other type of proof of the owner's insurance coverage as may be approved for purposes of this Code section by rule or regulation of the department. (2) No vehicle registration or renewal thereof shall be issued to any motor vehicle unless the tag agent receives 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 or an approved self-insurance plan and, in the case of a private passenger vehicle, that such coverage was initially issued for a minimum term of six months; 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."
SECTION 3. Said title is further amended by striking Code Section 40-2-137, relating to notification of coverage termination, and inserting 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. (2) 'Fleet policy' means a commercial vehicle policy that insures two or more vehicles that are not identified individually by vehicle identification number on the policy or a commercial policy that is subject to adjustment by audit for vehicle changes at the end of the policy period. (3) 'Lapse' means one or more days upon which the records of the department do not reflect that a motor vehicle was covered by a policy of minimum motor vehicle insurance coverage. (4) 'Minimum motor vehicle insurance coverage' means minimum coverage as specified in Chapter 34 of Title 33. (5) '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. (6) 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

___________GEORGIA LAWS 2003 SESSION___________263
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 notice to such owner of such owner's duty to maintain the required minimum insurance coverage 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)( 1 )(A) of Code Section 40-5-71. If the vehicle is covered by a fleet policy, the owner's insurer shall not be required to provide such proof to the department by electronic means. (c)(l) When proof of minimum 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. If any lapse fee provided for in this Code section is paid to the county tax commissioner, the county shall retain $5.00 thereof as a collection fee. (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 $25.00 lapse fee and pays a $60.00 restoration fee, 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 proof of continuous minimum motor vehicle insurance coverage. If any restoration fee provided for in this Code section is paid to the county tax commissioner, the county shall retain $10.00 thereof as a collection fee. (3) In the event of a second suspension of the owner's registration under this Code section on or after December 1, 2003, during any five-year period, the department by operation of law 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 $25.00 lapse fee and pays a $60.00 restoration fee, the suspension shall terminate.

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(4) In the event of a third or subsequent suspension of the owner's registration under this Code section on or after December 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 $25.00 lapse fee and pays a $ 160.00 restoration fee, the owner may apply for registration of the motor vehicle. (d)(l) The commissioner may waive the lapse fee for any owner whose vehicle registration has been voluntarily cancelled pursuant to Code Section 40-2-10.
(2) Upon being presented with a copy of official orders or other satisfactory proof of ordered duty as approved by rule or regulation of the commissioner showing that an owner of a motor vehicle was deployed outside the continental United States on active military duty in the armed forces of the United States at the time his or her minimum motor vehicle insurance coverage for such vehicle terminated, the county tag agent shall waive the lapse fee and restoration fee, suspension of the owner's motor vehicle registration under this Code section shall terminate, and application for registration of the vehicle which otherwise satisfies requirements provided by law may be accepted without delay. (e) The commissioner may promulgate such rules and regulations as are necessary to implement this Code section. (f) The department shall commence suspending motor vehicle registrations as provided in this Code section on December 1, 2003. The department shall commence requiring payment of lapse fees and restoration fees as provided in this Code section on January 1, 2004."
SECTION 4. Said title is further amended by striking Code Section 40-5-71, relating to notice of insurance issuance, renewal, or termination, 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. (2) 'Fleet policy' means a commercial vehicle policy that insures two or more vehicles that are not identified individually by vehicle identification number on the policy or a commercial policy that is subject to adjustment by audit for vehicle changes at the end of the policy period. (3) 'Owner' shall have the same meaning given in paragraph (.2) of subsection (a) of Code Section 40-2-21. (4) Terminate' or 'termination' means actual cessation of insurance coverage for any reason, including without limitation cancellation, nonrenewal, or

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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 other than a fleet policy 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 to report on subsequent renewals of that coverage. Insurance coverage information included in such notice of issue or renewal shall be limited exclusively to name of insurer; vehicle identification number; the make and year of the insured motor vehicle; and policy effective date. The department shall not require 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 of Insurance quarterly of any and all violations of the notice requirements of this paragraph by any insurer, and the Commissioner of Insurance may take appropriate action against such insurer the same as is authorized by Code Section 33-2-24 for violations of Title 33; provided, however, that there shall be no private cause of action against an insurer 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. The department shall commence the reports provided for in this Code section beginning January 1, 2004. (D) The reports required of insurers and the Commissioner of Insurance shall not apply to any vehicle for which the vehicle coverage is provided by a fleet policy. (2) The department shall prescribe the form and manner of electronic transmission for the purposes of insurers sending the notices required by this

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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 termination. (4) 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, the insurer of record, and the owner of the vehicle in the manner prescribed by the commissioner. (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 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 that 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 of the vehicle, whereupon the owner shall, in accordance with department procedures, obtain a correction of such number at the appropriate county tag office."
SECTION 5. Said title is further amended by striking Code Section 40-6-10, relating to insurance requirements for operation of motor vehicles generally, and inserting in lieu thereof a new Code Section 40-6-10 to read as follows:
"40-6-10.
(a)(l) Until December 31, 2003, the owner or operator of a motor vehicle for which minimum motor vehicle liability insurance coverage is required under Chapter 34 of Title 33 shall keep proof or evidence of required minimum insurance coverage in the vehicle at all times during the operation of the vehicle. The owner of a motor vehicle shall provide to any operator of such vehicle proof or evidence of required minimum insurance coverage for the purposes of compliance with this subsection. (2) The following shall be acceptable proof of insurance on a temporary basis:
(A) If the policy providing such coverage was applied for within the last 30 days, a current written binder for such coverage for a period not exceeding 30 days from the date such binder was issued shall be considered satisfactory proof or evidence of required minimum insurance coverage;

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(B) If the vehicle is operated under a rental agreement, a duly executed vehicle rental agreement shall be considered satisfactory proof or evidence of required minimum insurance coverage; and (C) If the owner acquired ownership of the vehicle within the past 30 days, if the type of proof described in subparagraph (A) of this paragraph is not applicable but the vehicle is currently effectively provided with required minimum insurance coverage under the terms of a policy providing required minimum insurance coverage for another motor vehicle, then a copy of the insurer's declaration of coverage under the policy providing such required minimum insurance coverage for such other vehicle shall be considered satisfactory proof or evidence of required minimum insurance coverage for the vehicle, but only if accompanied by proof or evidence that the owner acquired ownership of the vehicle within the past 30 days. (2.1) If the vehicle is insured under a fleet policy as defined in Code Section 40-2-137 providing the required minimum insurance coverage or if the vehicle is engaged in interstate commerce and registered under the provisions of Article 3A of Chapter 2 of this title, the insurance information card issued by the insurer shall be considered satisfactory proof of required minimum insurance coverage for the vehicle. (2.2) If the vehicle is insured under a certificate of self-insurance issued by the Commissioner of Insurance providing the required minimum insurance coverage under which the vehicle owner did not report the vehicle identification number to the Commissioner of Insurance, the insurance information card issued by the Commissioner of Insurance shall be considered satisfactory proof of required minimum insurance coverage for the vehicle, but only if accompanied by a copy of the certificate issued by the Commissioner of Insurance. (3) On and after January 1,2004, the requirement under this Code section that proof or evidence of minimum liability insurance be maintained in a motor vehicle at all times during the operation of the vehicle shall not apply to the owner or operator of any vehicle for which the records or data base of the Department of Motor Vehicle Safety indicates that required minimum insurance coverage is currently effective. (4) Except as otherwise provided in paragraph (7) of this subsection, any person who fails to comply with the requirements of this subsection shall be guilty of a misdemeanor and, upon conviction thereof, shall be subject to a fine of not less than S200.00 nor more than $ 1,000.00 or imprisonment for not more than 12 months, or both. (5) Every law enforcement officer in this state shall determine if the operator of a motor vehicle subject to the provisions of this Code section has the required minimum insurance coverage every time the law enforcement officer stops the vehicle or requests the presentation of the driver's license of the operator of the vehicle. (6) If a law enforcement officer of this state determines that the owner or operator of a motor vehicle subject to the provisions of this Code section does not have proof or evidence of required minimum insurance coverage, the

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arresting officer shall issue a uniform traffic citation for operating a motor vehicle without proof of insurance. If the court or arresting officer determines that the operator is not the owner, then a uniform traffic citation may be issued to the owner for authorizing the operation of a motor vehicle without proof of insurance. (7) If the person receiving a citation under this subsection shows to the court having jurisdiction of the case that required minimum insurance coverage was in effect at the time the citation was issued, the court may impose a fine not to exceed $25.00. The court shall not in this case forward a record of the disposition of the case to the department and the driver's license of such person shall not be suspended.
(8)(A) For purposes of this Code section up to and including December 31, 2003. a valid insurance card shall be sufficient proof of insurance for any vehicle. (B) For purposes of this Code section on and after January 1, 2004, a valid insurance card shall be sufficient proof of insurance only for any vehicle covered under a fleet policy as defined in Code Section 40-5-71. The insurance card for a fleet policy shall contain at least the name of the insurer, policy number, policy issue or effective date, policy expiration date, and the name of the insured and may, but shall not be required to, include the year, make, model, and vehicle identification number of the vehicle insured. (C) For any vehicle covered under a policy of motor vehicle liability insurance that is not a fleet policy as defined in Code Section 40-5-71, the insurer shall issue a policy information card which shall contain at least the name of the insurer, policy number, policy issue or effective date, policy expiration date, name of the insured, and year, make, model, and vehicle identification number of each vehicle insured; and on and after January 1, 2004. the owner or operator of the motor vehicle shall keep such policy information card in the vehicle at all times during operation of the vehicle for purposes of Code Section 40-6-273.1, but any such policy information card shall not be sufficient proof of insurance for any purposes of this Code section except as otherwise provided in this Code section. (b) An owner or any other person who knowingly operates or knowingly authorizes another to operate a motor vehicle without effective insurance on such vehicle or without an approved plan of self-insurance shall be guilty of a misdemeanor and, upon conviction thereof, shall be subject to a fine of not less than $200.00 nor more than $1,000.00 or imprisonment for not more than 12 months, or both. An operator of a motor vehicle shall not be guilty of a violation of this Code section if such operator maintains a policy of motor vehicle insurance which extends coverage to any vehicle the operator may drive. An owner or operator of a motor vehicle shall not be issued a citation by a law enforcement officer for a violation of this Code section if the sole basis for issuance of such a citation is that the law enforcement officer is unable to obtain insurance coverage information from the records of the department. (c) Any person who knowingly makes a false statement or certification under Code Section 40-5-71 or this Code section shall be guilty of a misdemeanor and,

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upon conviction thereof, shall be subject to a fine of not less than $200.00 nor more than $1,000.00 or imprisonment for not more than 12 months, or both. (d) Except for vehicles insured under a fleet policy as defined in Code Section 40-2-137 or under a plan of self-insurance approved by the Commissioner of Insurance, insurance coverage information from records of the department shall be prima-facie evidence of the facts stated therein and shall be admissible as evidence in accordance with Code Section 24-3-17 for the purposes of this Code section. (e) The minimum liability insurance data base of the department shall be operational for the purposes of testing, evaluation, verification of data, and validation of accuracy not later than November 1, 2002, and shall be fully operational not later than January 1, 2004."
SECTION 6. Said title is further amended by striking Code Section 40-6-11, relating to insurance requirements for operation of motorcycles, and inserting in lieu thereof the following:
"40-6-11.
(a) For the purposes of this Code section, 'motorcycle' means any motor vehicle traveling on public streets or highways having a seat or saddle for the use of the rider and designed to travel on not more than three wheels in contact with the ground but excluding a tractor and a moped. (b) No owner of a motorcycle or any other person, other than a self-insurer as defined in Chapter 34 of Title 33, shall operate or authorize any other person to operate the motorcycle unless the owner has liability insurance on the motorcycle equivalent to that required as evidence of security for bodily injury and property damage liability under Code Section 40-9-37. Any person who violates this subsection shall be guilty of a misdemeanor. (c) The operator of a motorcycle shall keep proof or evidence of the minimum insurance coverage required by this Code section in his or her immediate possession or on the motorcycle at all times when such person is operating the motorcycle but only under the same circumstances and of the same type as prescribed for operators of other motor vehicles in Code Section 40-6-10. Any person who violates this subsection shall be subject to a fine not to exceed $25.00; however, there shall be no suspension of the person's operator's license or motor vehicle license tag for a violation of this subsection.
(d)( 1) Insurance coverage information from records of the department shall be prima-facie evidence of the facts stated therein and shall be admissible as evidence in accordance with Code Section 24-3-17 for the purposes of this Code section. (2) Every law enforcement officer in this state shall request the operator of a motorcycle subject to the provisions of subsection (c) of this Code section to produce proof or evidence of minimum insurance coverage required by this Code section at any time the law enforcement officer stops the motorcycle or requests the presentation of the driver's license of such operator.

270________GENERAL ACTS AND RESOLUTIONS, VOL. I_______
(e) An owner or operator of a motorcycle shall not be issued a citation by a law enforcement officer for a violation of this Code section if the sole basis for issuance of such a citation is that the law enforcement officer is unable to obtain insurance coverage information from the records of the department."
SECTION 7. Chapter 34 of Title 33 of the Official Code of Georgia Annotated, relating to motor vehicle accident reparations, is amended by striking and reserving Code Section 33-34-5, relating to vehicles not to be licensed until proof of insurance is furnished.
SECTION 8. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 9. All laws and parts of laws in conflict with this Act are repealed.
Approved May 28, 2003.
CONSERVATION - LAND-DISTURBING ACTIVITIES; ORDINANCES.
No. 45 (House Bill No. 509).
AN ACT
To amend Chapter 7 of Title 12 of the Official Code of Georgia Annotated, relating to control of soil erosion and sedimentation, so as to change certain provisions relating to adoption of comprehensive ordinances related to land-disturbing activities and delegation of responsibility to planning and zoning commissions; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Chapter 7 of Title 12 of the Official Code of Georgia Annotated, relating to control of soil erosion and sedimentation, is amended by striking Code Section 12-7-4, relating to adoption of comprehensive ordinances related to land-disturbing activities and delegation of responsibility to planning and zoning commissions, and inserting in lieu thereof the following:
"12-7-4. The governing authority of each county and each municipality shall adopt a comprehensive ordinance establishing the procedures governing land-disturbing activities which are conducted within their respective boundaries. Such

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ordinances shall be consistent with the standards provided by this chapter. Local governing authorities shall have the authority, by such ordinance, to delegate in whole or in part the responsibilities of the governing authorities, as set forth in this chapter, to any constitutional or statutory local planning and zoning commission. Where the local governing authority deems it appropriate, it may integrate such provisions with other local ordinances relating to land development including but not limited to tree protection, flood plain protection, stream buffers, or storm-water management; and the properties to which any of the types of ordinances identified in this Code section shall apply, whether or not such ordinances are integrated, shall include without limitation property owned by the local governing authority or by a local school district, except as otherwise provided by Code Section 12-7-17."
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.
Approved May 28, 2003.
REVENUE - BONA FIDE CONSERVATION USE; CONSTRUCTED STORM WATER WETEANDS.
No. 46 (House Bill No. 413).
AN ACT
To amend Code Section 12-2-4 of the Official Code of Georgia Annotated, relating to powers and duties of the Department of Natural Resources, so as to provide for processing of applications for certification of certain conservation use property for ad valorem tax purposes; to amend Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to ad valorem taxation of property, so as to provide for preferential assessment of bona fide conservation use property consisting of certain constructed storm water wetlands; to provide for procedures, conditions, and limitations; to provide an effective date; to provide for applicability; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Code Section 12-2-4 of the Official Code of Georgia Annotated, relating to powers and duties of the Department of Natural Resources, is amended by striking subsection (k) and inserting in lieu thereof the following:
"(k) The department shall without any fee therefor accept applications for certification of environmentally sensitive conservation use property or

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constructed storm water wetland conservation use property as provided for in Code Section 48-5-7.4 and shall certify property to local boards of tax assessors and to the applicable local governing authority as meeting or not meeting the criteria of such Code section."
SECTION 2. Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to ad valorem taxation of property, is amended by striking Code Section 48-5-7.4, relating to bona fide conservation use property and bona fide residential transitional property, and inserting in lieu thereof the following:
"48-5-7.4.
(a) For purposes of this article, the term 'bona fide conservation use property' means property described in and meeting the requirements of paragraph (1) or (2) of this subsection, as follows:
(1) Not more than 2,000 acres of tangible real property of a single owner, the primary purpose of which is any good faith production, including, but not limited to, subsistence fanning or commercial production from or on the land of agricultural products or timber, subject to the following qualifications:
(A) Such property includes the value of tangible property permanently affixed to the real property which is directly connected to such owner's production of agricultural products or timber and which is devoted to the storage and processing of such agricultural products or timber from or on such real property; (B) Such property excludes the entire value of any residence located on the property; (C) Except as otherwise provided in division (vii) of this subparagraph, such property must be owned by:
(i) One or more natural or naturalized citizens; (ii) An estate of which the devisees or heirs are one or more natural or naturalized citizens; (iii) A trust of which the beneficiaries are one or more natural or naturalized citizens; (iv) A family owned farm entity, such as a family corporation, a family partnership, a family general partnership, a family limited partnership, a family limited corporation, or a family limited liability company, all of the interest of which is owned by one or more natural or naturalized citizens related to each other by blood or marriage within the fourth degree of civil reckoning, except that, solely with respect to a family limited partnership, a corporation, limited partnership, limited corporation, or limited liability company may serve as a general partner of the family limited partnership and hold no more than a 5 percent interest in such family limited partnership, an estate of which the devisees or heirs are one or more natural or naturalized citizens, or a trust of which the beneficiaries are one or more natural or naturalized citizens and which family owned farm entity derived 80 percent or more of its gross income from bona fide conservation uses, including earnings on investments directly related to

GEORGIA LAWS 2003 SESSION
past or future bona fide conservation uses, within this state within the year immediately preceding the year in which eligibility is sought; provided, however, that in the case of a newly formed family farm entity, an estimate of the income of such entity may be used to determine its eligibility; (v) A bona fide nonprofit conservation organization designated under Section 501(c)(3) of the Internal Revenue Code; (vi) A bona fide club organized for pleasure, recreation, and other nonprofitable purposes pursuant to Section 501(c)(7) of the Internal Revenue Code; or (vii) In the case of constructed storm-water wetlands, any person may own such property. (D) Factors which may be considered in determining if such property is qualified may include, but not be limited to: (i) The nature of the terrain; (ii) The density of the marketable product on the land; (iii) The past usage of the land; (iv) The economic merchantability of the agricultural product; and (v) The utilization or nonutilization of recognized care, cultivation, harvesting, and like practices applicable to the product involved and any implemented plans thereof; and (E) Such property shall, if otherwise qualified, include, but not be limited to, property used for: (i) Raising, harvesting, or storing crops; (ii) Feeding, breeding, or managing livestock or poultry; (iii) Producing plants, trees, fowl, or animals; or (iv) Production of aquaculture, horticulture, floriculture, forestry, dairy, livestock, poultry, and apiarian products; or (2) Not more than 2,000 acres of tangible real property, excluding the value of any improvements thereon, of a single owner of the types of environmentally sensitive property specified in this paragraph and certified as such by the Department of Natural Resources, if the primary use of such property is its maintenance in its natural condition or controlling or abating pollution of surface or ground waters of this state by storm-water runoff or otherwise enhancing the water quality of surface or ground waters of this state and if such owner meets the qualifications of subparagraph (C) of paragraph (1) of this subsection: (A) Environmentally sensitive areas, including any otherwise qualified land area 1,000 feet or more above the lowest elevation of the county in which such area is located that has a percentage slope, which is the difference in elevation between two points 500 feet apart on the earth divided by the horizontal distance between those two points, of 25 percent or greater and shall include the crests, summits, and ridge tops which lie at elevations higher than any such area; (B) Wetland areas that are determined by the United States Army Corps of Engineers to be wetlands under their jurisdiction pursuant to Section 404 of

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the federal Clean Water Act, as amended, or wetland areas that are depicted or delineated on maps compiled by the Department of Natural Resources or the United States Fish and Wildlife Service pursuant to its National Wetlands Inventory Program; (C) Significant ground-water recharge areas as identified on maps or data compiled by the Department of Natural Resources; (D) Undeveloped barrier islands or portions thereof as provided for in the federal Coastal Barrier Resources Act, as amended; (E) Habitats as certified by the Department of Natural Resources as containing species that have been listed as either endangered or threatened under the federal Endangered Species Act of 1973, as amended; (F) River corridors which shall be defined as those undeveloped lands adjacent to rivers and perennial streams that are within the 100 year flood plain as depicted on official maps prepared by the Federal Emergency Management Agency; or (G)( 1) Constructed storm-water wetlands of the free-water surface type certified by the Department of Natural Resources under subsection (k) of Code Section 12-2-4 and approved for such use by the local governing authority. (2) No property shall maintain its eligibility for current use assessment as a bona fide conservation use property as defined in this subparagraph unless the owner of such property files an annual inspection report from a licensed professional engineer certifying that as of the date of such report the property is being maintained in a proper state of repair so as to accomplish the objectives for which it was designed. Such inspection report and certification shall be filed with the county board of tax assessors on or before the last day for filing ad valorem tax returns in the county for each tax year for which such assessment is sought. (b) Except in the case of the underlying portion of a tract of real property on which is actually located a constructed storm-water wetlands, the following additional rules shall apply to the qualification of conservation use property for current use assessment: (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; (2) The owner of a tract, lot, or parcel of land totaling less than ten acres shall be required by the tax assessor to submit additional relevant records regarding proof of bona fide conservation use; (3) No property shall qualify as bona fide conservation use property if such current use assessment would result in any person who has a beneficial interest in such property, including any interest in the nature of stock ownership,

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receiving in any tax year any benefit of current use assessment as to more than 2,000 acres. If any taxpayer has any beneficial interest in more than 2,000 acres of tangible real property which is devoted to bona fide conservation uses, such taxpayer shall apply for current use assessment only as to 2,000 acres of such land; (4) No property shall qualify as bona fide conservation use property if it is leased to a person or entity which would not be entitled to conservation use assessment; (5) No property shall qualify as bona fide conservation use property if such property is at the time of application for current use assessment subject to a restrictive covenant which prohibits the use of the property for any purpose described in subparagraph (a)(l)(E) of this Code section; and (6) No otherwise qualified property shall be denied current use assessment on the grounds that no soil map is available for the county in which such property is located; provided, however, that if no soil map is available for the county in which such property is located, the owner making an application for current use assessment shall provide the board of tax assessors with a certified soil survey of the subject property unless another method for determining the soil type of the subject property is authorized in writing by such board. (c) For purposes of this article, the term 'bona fide residential transitional property' means not more than five acres of tangible real property of a single owner which is private single-family residential owner occupied property located in a transitional developing area. Such classification shall apply to all otherwise qualified real property which is located in an area which is undergoing a change in use from single-family residential use to agricultural, commercial, industrial, office-institutional, multifamily, or utility use or a combination of such uses. Change in use may be evidenced by recent zoning changes, purchase by a developer, affidavits of intent, or close proximity to property which has undergone a change from single-family residential use. To qualify as residential transitional property, the valuation must reflect a change in value attributable to such property's proximity to or location in a transitional area. (d) No property shall qualify for current use assessment under this Code section unless and until the owner of such property agrees by covenant with the appropriate taxing authority to maintain the eligible property in bona fide qualifying use for a period often years beginning on the first day of January of the year in which such property qualifies for such current use assessment and ending on the last day of December of the final year of the covenant period. After the owner has applied for and has been allowed current use assessment provided for in this Code section, it shall not be necessary to make application thereafter for any year in which the covenant period is in effect and current use assessment shall continue to be allowed such owner as specified in this Code section. Upon the expiration of any covenant period, the property shall not qualify for further current use assessment under this Code section unless and until the owner of the property has entered into a renewal covenant for an additional period often years.

276______GENERAL ACTS AND RESOLUTIONS, VOL. I________
(e) A single owner shall be authorized to enter into more than one covenant under this Code section for bona fide conservation use property, provided that the aggregate number of acres of qualified property of such owner to be entered into such covenants does not exceed 2,000 acres. Any such qualified property may include a tract or tracts of land which are located in more than one county. A single owner shall be authorized to enter qualified property in a covenant for bona fide conservation use purposes and to enter simultaneously the residence located on such property in a covenant for bona fide residential transitional use if the qualifications for each such covenant are met. A single owner shall be authorized to enter qualified property in a covenant for bona fide conservation use purposes and to enter other qualified property of such owner in a covenant for bona fide residential transitional use. (f) An owner shall not be authorized to make application for and receive current use assessment under this Code section for any property which at the time of such application is receiving preferential assessment under Code Section 48-5-7.1 except that such owner shall be authorized to change such preferential assessment covenant in the manner provided for in subsection (s) of Code Section 48-5-7.1. (g) Except as otherwise provided in this subsection, no property shall maintain its eligibility for current use assessment under this Code section unless a valid covenant remains in effect and unless the property is continuously devoted to an applicable bona fide qualifying use during the entire period of the covenant. An owner shall be authorized to change the type of bona fide qualifying conservation use of the property to another bona fide qualifying conservation use and the penalty imposed by subsection (1) of this Code section shall not apply, but such owner shall give notice of any such change in use to the board of tax assessors, (h) If any breach of a covenant occurs, the existing covenant shall be terminated and all qualification requirements must be met again before the property shall be eligible for current use assessment under this Code section, (i) If ownership of all or a part of the property is acquired during a covenant period by a person or entity qualified to enter into an original covenant, then the original covenant may be continued by such acquiring party for the remainder of the term, in which event no breach of the covenant shall be deemed to have occurred.
(j)(l) All applications for current use assessment under this Code section, including the covenant agreement required under this Code section, shall be filed on or before the last day for filing ad valorem tax returns in the county for the tax year for which such current use assessment is sought, except that in the case of property which is the subject of a reassessment by the board of tax assessors an application for current use assessment may be filed in conjunction with or in lieu of an appeal of the reassessment. An application for continuation of such current use assessment upon a change in ownership of all or a part of the qualified property shall be filed on or before the last date for filing tax returns in the year following the year in which the change in ownership occurred. Applications for current use assessment under this Code section shall be filed with the county board of tax assessors who shall approve or deny the application. If the application is approved on or after July 1, 1998,

___________GEORGIA LAWS 2003 SESSION___________277
the county board of tax assessors shall file a copy of the approved application in the office of the clerk of the superior court in the county in which the eligible property is located. The clerk of the superior court shall file and index such application in the real property records maintained in the clerk's office. Applications approved prior to July 1, 1998, shall be filed and indexed in like manner without payment of any fee. If the application is not so recorded in the real property records, a transferee of the property affected shall not be bound by the covenant or subject to any penalty for its breach. The fee of the clerk of the superior court for recording such applications approved on or after July 1,1998, shall be paid by the owner of the eligible property with the application for preferential treatment and shall be paid to the clerk by the board of tax assessors when the application is filed with the clerk. If the application is denied, the board of tax assessors shall notify the applicant in the same manner that notices of assessment are given pursuant to Code Section 48-5-306 and shall return any filing fees advanced by the owner. Appeals from the denial of an application by the board of tax assessors shall be made in the same manner that other property tax appeals are made pursuant to Code Section 48-5-311. (2) In the event such application is approved, the taxpayer shall continue to receive annual notification of any change in the fair market value of such property and any appeals with respect to such valuation shall be made in the same manner as other property tax appeals are made pursuant to Code Section 48-5-311. (k)(l) The commissioner shall by regulation provide uniform application and covenant forms to be used in making application for current use assessment under this Code section. Such application shall include an oath or affirmation by the taxpayer that he or she is in compliance with the provisions of paragraphs (3) and (4) of subsection (b) of this Code section, if applicable. (2) The applicable local governing authority shall accept applications for approval of property for purposes of subparagraph (a)(2)(G) of this Code section and shall certify property to the local board of tax assessors as meeting or not meeting the criteria of such paragraph. The local governing authority shall not certify any property as meeting the criteria of subparagraph (a)(2)(G) of this Code section unless:
(A) The owner has submitted to the local governing authority: (i) A plat of the tract in question prepared by a licensed land surveyor, showing the location and measured area of such tract; (ii) A certification by a licensed professional engineer that the specific design used for the constructed storm-water wetland was recommended by the engineer as suitable for such site after inspection and investigation; and (iii) Information on the actual cost of constructing and estimated cost of operating the storm-water wetland, including without limitation a description of all incorporated materials, machinery, and equipment; and
(B) An authorized employee or agent of the local governing authority has inspected the site before, during, and after construction of the storm-water

278_____GENERAL ACTS AND RESOLUTIONS, VOL. I______
wetland to determine compliance with the requirements of subparagraph (a)(2)(G) of this Code section. (1) A penalty shall be imposed under this subsection if during the period of the covenant entered into by a taxpayer the covenant is breached. The penalty shall be applicable to the entire tract which is the subject of the covenant and shall be twice the difference between the total amount of tax paid pursuant to current use assessment under this Code section and the total amount of taxes which would otherwise have been due under this chapter for each completed or partially completed year of the covenant period. Any such penalty shall bear interest at the rate specified in Code Section 48-2-40 from the date the covenant is breached. (m) Penalties and interest imposed under this Code section shall constitute a lien against the property and shall be collected in the same manner as unpaid ad valorem taxes are collected. Such penalties and interest shall be distributed pro rata to each taxing jurisdiction wherein current use assessment under this Code section has been granted based upon the total amount by which such current use assessment has reduced taxes for each such taxing jurisdiction on the property in question as provided in this Code section. (n) The penalty imposed by subsection (1) of this Code section shall not apply in any case where a covenant is breached solely as a result of: (1) The acquisition of part or all of the property under the power of eminent domain; (2) The sale of part or all of the property to a public or private entity which would have had the authority to acquire the property under the power of eminent domain; or (3) The death of an owner who was a party to the covenant, (o) The transfer of a part of the property subject to a covenant for a bona fide conservation use shall not constitute a breach of a covenant if: (1) The part of the property so transferred is used for single-family residential purposes, starting within one year of the date of transfer and continuing for the remainder of the covenant period, and the residence is occupied by a person who is related within the fourth degree of civil reckoning to an owner of the property subject to the covenant; and (2) The part of the property so transferred, taken together with any other part of the property so transferred to the same relative during the covenant period, does not exceed a total of five acres; and in any such case the property so transferred shall not be eligible for a covenant for bona fide conservation use, but shall, if otherwise qualified, be eligible for current use assessment as residential transitional property and the remainder of the property from which such transfer was made shall continue under the existing covenant until a terminating breach occurs or until the end of the specified covenant period. (p) The following shall not constitute a breach of a covenant: (1) Mineral exploration of the property subject to the covenant or the leasing of the property subject to the covenant for purposes of mineral exploration if

_____________GEORGIA LAWS 2003 SESSION_________279
the primary use of the property continues to be the good faith production from or on the land of agricultural products; (2) Allowing all or part of the property subject to the covenant to lie fallow or idle for purposes of any land conservation program, for purposes of any federal agricultural assistance program, or for other agricultural management purposes; (3) Allowing all or part of the property subject to the covenant to lie fallow or idle due to economic or financial hardship if the owner notifies the board of tax assessors on or before the last day for filing a tax return in the county where the land lying fallow or idle is located and if such owner does not allow the land to lie fallow or idle for more than two years of any five-year period; or
(4)(A) Any property which is subject to a covenant for bona fide conservation use being transferred to a place of religious worship or burial or an institution of purely public charity if such place or institution is qualified to receive the exemption from ad valorem taxation provided for under subsection (a) of Code Section 48-5-41. No person shall be entitled to transfer more than 25 acres of such person's property in the aggregate under this paragraph. (B) Any property transferred under subparagraph (A) of this paragraph shall not be used by the transferee for any purpose other than for a purpose which would entitle such property to the applicable exemption from ad valorem taxation provided for under subsection (a) of Code Section 48-5-41 or subsequently transferred until the expiration of the term of the covenant period. Any such use or transfer shall constitute a breach of the covenant. (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 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

280_______GENERAL ACTS AND RESOLUTIONS, VOL. I_______
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. (r) Property which is subject to current use assessment under this Code section shall be separately classified from all other property on the tax digest; and such separate classification shall be such as will enable any person examining the tax digest to ascertain readily that the property is subject to current use assessment under this Code section. Covenants shall be public records and shall be indexed and maintained in such manner as will allow members of the public to locate readily the covenant affecting any particular property subject to current use assessment under this Code section. Based on information submitted by the county boards of tax assessors, the commissioner shall maintain a central registry of conservation use property, indexed by owners, so as to ensure that the 2,000 acre limitations of this Code section are complied with on a state-wide basis, (s) The commissioner shall annually submit a report to the Governor, the Department of Agriculture, the Georgia Agricultural Statistical Service, the Georgia Forestry Commission, the Department of Natural Resources, and the University of Georgia Cooperative Extension Service and the House Ways and Means, Natural Resources and Environment, and Agriculture and Consumer Affairs committees and the Senate Finance, Natural Resources and Environment, and Agriculture and Consumer Affairs committees and shall make such report available to other members of the General Assembly, which report shall show the fiscal impact of the assessments provided for in this Code section and Code Section 48-5-7.5. The report shall include the amount of assessed value eliminated from each county's digest as a result of such assessments; approximate tax dollar losses, by county, to all local governments affected by such assessments; and any recommendations regarding state and local administration of this Code section and Code Section 48-5-7.5, with emphasis upon enforcement problems, if any, attendant with this Code section and Code Section 48-5-7.5. The report shall also include any other data or facts which the commissioner deems relevant. (t) A public notice containing a brief, factual summary of the provisions of this Code section shall be posted in a prominent location readily viewable by the public in the office of the board of tax assessors and in the office of the tax commissioner of each county in this state, (u) Reserved, (v) Reserved. (w) At such time as the property ceases to be eligible for current use assessment or when any ten-year covenant period expires and the property does not qualify for further current use assessment, the owner of the property shall file an

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application for release of current use treatment with the county board of tax assessors who shall approve the release upon verification that all taxes and penalties with respect to the property have been satisfied. After the application for release has been approved by the board of tax assessors, the board shall file the release in the office of the clerk of the superior court in the county in which the original covenant was filed. The clerk of the superior court shall file and index such release in the real property records maintained in the clerk's office. No fee shall be paid to the clerk of the superior court for recording such release. The commissioner shall by regulation provide uniform release forms, (x) Notwithstanding any other provision of this Code section to the contrary, in any case where a renewal covenant is breached by the original covenantor or a transferee who is related to that original covenantor within the fourth degree by civil reckoning, the penalty otherwise imposed by subsection (1) of this Code section shall not apply if the breach occurs during the sixth through tenth years of such renewal covenant, and the only penalty imposed shall be the amount by which current use assessment has reduced taxes otherwise due for each year in which such renewal covenant was in effect, plus interest at the rate specified in Code Section 48-2-40 from the date the covenant is breached."
SECTION 3. This Act shall become effective on January 1, 2004, and shall apply to all taxable years beginning on or after such date.
SECTION 4. All laws and parts of laws in conflict with this Act are repealed.
Approved May 28, 2003.
PENAL INSTITUTIONS - SEXUAL OFFENDER REGISTRY.
No. 47 (House Bill No. 463).
AN ACT
To amend Code Section 42-1-12 of the Official Code of Georgia Annotated, relating to the state sexual offender registry, so as to change the provisions relating to registration requirements applicable to certain sex offenders; to include additional offenses relating to victims who are minors; to clarify language for annual registration; to revise language referring to registration while incarcerated; to provide for annual photographs of offenders at the time of annual registration; to provide for exclusions of certain liability in certain circumstances; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Code Section 42-1-12 of the Official Code of Georgia Annotated, relating to the state sexual offender registry, is amended by striking the Code section and inserting in lieu thereof a new Code section to read as follows:
"42-1-12.
(a) As used in this Code section, the term: (1) 'Appropriate state official' means: (A) With respect to an offender who is sentenced to probation without any sentence of incarceration in the state prison system or who is sentenced pursuant to Article 3 of Chapter 8 of this title, relating to first offenders, the Division of Probation of the Department of Corrections; (B) With respect to an offender who is sentenced to a period of incarceration in a prison under the jurisdiction of the Department of Corrections and who is subsequently released from prison or placed on probation, the commissioner of corrections or his or her designee; and (C) With respect to an offender who is placed on parole, the chairperson of the State Board of Pardons and Paroles or his or her designee. (2) 'Board' means the Sexual Offender Registration Review Board. (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 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

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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, distributing, or possessing any material depicting a minor or a portion of a minor's body 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; (x) Conspiracy to transport, ship, receive, or distribute visual depictions of minors engaged in sexually explicit conduct; or (xi) 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. (6) 'Predatory1 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.

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(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 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. (iii) On and after July 1, 1999, any resident of Georgia who is convicted under the laws of another state or territory, under the laws of the United States, under the Uniform Code of Military Justice, or in a tribal court of a sexually violent offense or a criminal offense against a victim who is a minor shall register within ten days after his or her release from prison or placement on parole, supervised release, or probation. The information such an offender is required to register shall include his or her name and current address; place of employment 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

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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 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:

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(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 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

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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 the 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 of this Code section. Such person shall register the new address, employment, and vocation 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 of the person if such fingerprints and photograph have not previously been obtained within the State of Georgia. In addition, the sheriff or his or her designee shall inform the person of the duty to report any change of address as otherwise required in this Code section. The Georgia Bureau of Investigation shall forward such information in the manner described in subsection (c) of this Code section. (E) The following persons are also required to register:
(i) Any nonresident who enters this state for the purpose of employment for a period exceeding 14 consecutive days or for an aggregate period of time exceeding 30 days during any calendar year and who is required to register under federal law, military law, tribal law, or the laws of another 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

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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 status, 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 sheriff s 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. (4) A person who is required to register under any provision of this Code section shall: (A) Report in person within ten days of release from prison, placement on probation, parole, or supervised release to the appropriate sheriffs office of the county or counties where the person resides, is employed, or attends school. A person who is so required to register must provide his or her street address to the sheriff of the person's county of residence; (B) Report in person within ten days to the appropriate sheriff or sheriffs if the person changes residence address, employment address, vocation address, school name, school address, or enrollment status; (C) In the event of a move to a new state, advise the sheriff of the county where the person last registered of his or her impending move within ten days of moving. He or she shall also report to the designated law enforcement agency in the new state of residence within ten days of arrival at the new residence; (D) Read and sign the offender registration notification form at the time of registration; and (E) Report in person to the sheriff of the person's county of residence within ten days of the anniversary date of the original registration with the offender's verification form from the Georgia Bureau of Investigation. (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

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jurisdiction whose names have been provided by the Georgia Bureau of Investigation to the sheriff under this Code section. The Georgia Bureau of Investigation shall establish operating policies and procedures concerning record ownership, quality, verification, modification, and cancellation and shall perform mail out and verification duties on a quarterly basis. The Georgia Bureau of Investigation shall send each month Criminal Justice Information System network messages to sheriffs listing offenders due for verification. The bureau shall also create a photo image file from original entries and provide such entries to sheriffs to assist in offender identification and verification. (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. The requirements of this paragraph shall be accomplished in a manner specified in subparagraphs (b)( 1)(A), (b)( 1 )(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 of higher 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 having jurisdiction where an institution of higher 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. Section 1092 (f)(l) and 42 U.S.C. Section 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 Internet website. (c. 1)(1) 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 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

290______GENERAL ACTS AND RESOLUTIONS, VOL. I________
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. (d)(l) For a person required to register under subparagraph (b)(l)(A) of this Code section, on each anniversary of the person's initial registration date during the period in which the person is required to register under this Code section, the following applies:
(A) The Georgia Bureau of Investigation shall mail a nonforwardable verification form to the last reported address of the person; (B) Upon receipt of the verification form the person shall be required to report in person to the sheriff of the person's county of residence within ten days of the anniversary date; (C) The verification form stating that the person still resides at the address last reported to the Georgia Bureau of Investigation shall be signed by the person and retained by the sheriff; (D) The person shall report to the sheriff of the person's county of residence to be photographed every year within ten days of the anniversary date of the original registration; and (E) If the person fails to respond directly to the sheriff within ten days after receipt of the form, the person shall be in violation of this Code section. (2) The provisions of paragraph (1) of this subsection shall be applied to a person required to register under subparagraph (b)(l)(B) of this Code section, except that such person must verify the registration every 90 days after the date of the initial release on probation by the court or the initial release by the Department of Corrections or commencement of parole. (e) A change of address by a person required to register under this Code section reported to the Georgia Bureau of Investigation shall be immediately reported to the sheriff of the county where the person resides as set forth in subparagraph (b)(3)(E) of this Code section. The Georgia Bureau of Investigation shall, if the person changes residence to another state, notify the law enforcement agency with which the person must register in the new state. (f) A person who has been convicted of an offense which requires registration under this Code section shall register the new address with a designated law enforcement agency in another state to which the person moves not later than ten days after such person establishes residence in the new state if the new state has a registration requirement. (g) A person required to register under subparagraph (b)(l)(A) of this Code section shall continue to comply with this Code section, except during ensuing periods of incarceration, during which time all registration requirements shall be stayed. Upon release from incarceration, the person shall report to the sheriff of

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the person's county of residence within ten days from the date of release from incarceration, until:
(1) Ten years have elapsed since the person was released from prison or placed on parole, supervised release, or probation; or (2) For the life of that person if that person:
(A) Has one or more prior convictions for an offense described in subparagraph (a)(4)(A) and paragraph (7) of subsection (a) of this Code section; (B) Has been convicted of an aggravated offense described in paragraph (7) of subsection (a) of this Code section; or (C) Has been determined to be a sexually violent predator pursuant to subparagraph (b)(2)(A) of this Code section. (h) Any person who is required to register under this Code section and who fails to comply with the requirements of this Code section or who provides false information shall be guilty of a 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, (i) The information collected under the state registration program shall be treated as private data except that: (1) Such information may be disclosed to law enforcement agencies for law enforcement purposes; (2) Such information may be disclosed to government agencies conducting confidential background checks; (3) The Georgia Bureau of Investigation or any sheriff maintaining records required under this Code section shall release relevant information collected under this Code section that is necessary to protect the public concerning those persons required to register under this Code section, except that the identity of a victim of an offense that requires registration under this Code section shall not be released. In addition to any other notice that may be necessary to protect the public, nothing in this Code section shall prevent any sheriff from posting this information in any public building in addition to those locations enumerated in subparagraph (b)(l)(B) of this Code section; and (4) It shall be the responsibility of the sheriff maintaining records required under this Code section to enforce the criminal provisions of this Code section. The sheriff may request the assistance of the Georgia Bureau of Investigation upon his or her discretion. (j) Law enforcement agencies, employees of law enforcement agencies, members of the Sexual Offender Registration Review Board, and state officials shall be immune from liability for good faith conduct under this Code section, (k) The provisions of this Code section shall be in addition to and not in lieu of the provisions of Code Section 42-9-44.1, relating to conditions for parole of sexual offenders. (1) The Board of Public Safety is authorized to promulgate rules and regulations necessary for the Georgia Bureau of Investigation and the Georgia Crime

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Information Center to implement and carry out the provisions of this Code section. (m) No cause of action shall arise against any real estate broker or any affiliated licensee of the broker or any person or entity or its employees which own property or any person or entity or its employees who provide property management services as defined in paragraph (7) of Code Section 43-40-1 for the failure to disclose in any real estate transaction any information which is provided or maintained or required to be provided or maintained in accordance with this Code section. No cause of action shall arise against any real estate broker or any affiliated licensee of the broker or any person or entity or its employees which own property or any person or entity or its employees who provide property management services as defined in paragraph (7) of Code Section 43-40-1 for revealing any information provided or maintained or required to be provided or maintained in accordance with this Code section."
SECTION 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.
Approved May 28, 2003.
HEALTH - MENINGOCOCCAL DISEASE; STUDENTS.
No. 48 (House Bill No. 521).
AN ACT
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 require postsecondary educational institutions to provide information about meningococcal disease to certain enrolled students; to require documentation that a student has received a vaccination against meningococcal disease or has reviewed information about such disease; to provide that postsecondary educational institutions shall not be required to pay for such vaccinations; to provide postsecondary educational institutions that make a reasonable effort to comply with this Act with immunity from liability for students who contract such disease; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

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SECTION 1. 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 following Code Section 31-12-3.1, relating to childhood vaccination registry and reporting requirements, maintenance, and use, a new Code Section 31-12-3.2 to read as follows:
"31-12-3.2.
(a) Every public and nonpublic postsecondary educational institution shall provide to each newly admitted freshman or matriculated student residing in campus housing as defined by the postsecondary educational instutition or to the student's parent or guardian if the student is a minor, the following information:
(1) Meningococcal disease is a serious disease that can lead to death within only a few hours of onset; one in ten cases is fatal; and one in seven survivors of the disease is left with a severe disability, such as the loss of a limb, mental retardation, paralysis, deafness, or seizures; (2) Meningococcal disease is contagious but a largely preventable infection of the spinal cord fluid and the fluid that surrounds the brain; (3) Scientific evidence suggests that college students living in dormitory facilities are at a moderately increased risk of contracting meningococcal disease; and (4) Immunization against meningococcal disease will decrease the risk of the disease. (b) Students who are 18 years of age or older shall be required to sign a document provided by the postsecondary educational institution stating that he or she has received a vaccination against meningococcal disease or reviewed the information provided as required by subsection (a) of this Code section. If a student is a minor, only a parent or guardian may sign such document. (c) Nothing in this Code section shall be construed to require any postsecondary educational institution to provide or pay for vaccinations of students against meningococcal disease. (d) Any postsecondary educational institution that has made a reasonable effort to comply with this Code section shall not be liable for damages or injuries sustained by a student by reason of such student's contracting meningococcal disease."
SECTION 2. This Act shall become effective on January 1, 2004.
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.
Approved May 28, 2003.

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FIRE PROTECTION - PYROTECHNICS DISPLAY; LICENSURE.
No. 49 (Senate Bill No. 213).
AN ACT
To amend Chapter 10 of Title 25 of the Official Code of Georgia Annotated, relating to fireworks, so as to require licensure by the Safety Fire Commissioner of any person conducting a pyrotechnics display before a proximate audience; to define certain terms; to provide requirements for licensure; to require a permit for a fireworks display before a proximate audience; to provide for a license fee; to provide for penalties; to provide for other matters relative to the foregoing; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Chapter 10 of Title 25 of the Official Code of Georgia Annotated, relating to fireworks, is amended by striking in its entirety Code Section 25-10-1, relating to definitions, and inserting in lieu thereof the following:
"25-10-1. As used in this chapter, the term:
(1) 'Fireworks' means any combustible or explosive composition or any substance or combination of substances or article prepared for the purpose of producing a visible or audible effect by combustion, explosion, deflagration, or detonation, including blank cartridges, balloons requiring fire underneath to propel them, firecrackers, torpedos, skyrockets, Roman candles, bombs, sparklers, and other combustibles and explosives of like construction, as well as articles containing any explosive or flammable compound and tablets and other devices containing an explosive substance. The term 'fireworks' shall not include model rockets and model rocket engines, designed, sold, and used for the purpose of propelling recoverable aero models, toy pistol paper caps in which the explosive content does not average more than 0.25 grains of explosive mixture per paper cap nor toy pistols, toy cannons, toy canes, toy guns, or other devices using such paper caps; nor shall the term 'fireworks' include ammunition consumed by weapons used for sporting and hunting purposes. (2) 'Proximate audience' means an audience closer to pyrotechnic devices than permitted by the National Fire Protection Association Standard 1123, Codefor Fireworks Display, as adopted by the Safety Fire Commissioner. (3) 'Pyrotechnics' means fireworks."
SECTION 2. Said chapter is further amended by inserting immediately following Code Section 25-10-3.1 a new Code Section 25-10-3.2 to read as follows:

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"25-10-3.2.
(a) No person, firm, corporation, association, or partnership shall cause the combustion, explosion, deflagration, or detonation of pyrotechnics for the purpose of a public exhibition or display before a proximate audience unless such person, firm, corporation, association, or partnership holds a valid license issued by the Safety Fire Commissioner in accordance with the provisions of this Code section. Any application for such a license shall be made to the Safety Fire Commissioner in the form prescribed by the Safety Fire Commissioner. (b) All applicants must meet the following requirements for licensure:
(1) The applicant shall submit to the Safety Fire Commissioner proof of a valid comprehensive liability insurance policy purchased from an insurer authorized to do business in Georgia. The coverage must include bodily injury and property damage, products liability, completed operations, and contractual liability. The proof of insurance must also be provided before any license can be renewed. The minimum amount of said coverage shall be $1 million or such other amount as specified by the Safety Fire Commissioner. An insurer that provided such coverage shall notify the Safety Fire Commissioner of any change in coverage; (2) The applicant shall pay the required licensing fee as prescribed in Code Section 25-10-5; and (3) The applicant shall comply with all rules and regulations promulgated by the Safety Fire Commissioner pursuant to this chapter. (c) Any violation of this chapter shall be grounds for revocation or denial of licensure to conduct pyrotechnic displays."
SECTION 3. Said chapter is further amended by striking Code Section 25-10-4, relating to the requirement of a permit for conduct of a fireworks display, and inserting in lieu thereof the following:
"25-10-4.
(a) Any person, firm, corporation, association, or partnership desiring to conduct a public exhibition or display of fireworks not before a proximate audience shall first obtain a permit from the judge of the probate court of the county in which the public exhibition or display is to be held. Application for a permit must be made in writing and filed with the judge not less than ten days prior to the date of the proposed public exhibition or display of fireworks. Fireworks distributors located outside this state shall obtain display permit application forms and provide the same to applicants upon request. The judge may grant a permit for the display on the following conditions:
(1) That the display be conducted by a competent operator approved by the judge; (2) That the display shall be of such character as in the opinion of the judge will not be hazardous to persons or property; (3) That the local fire official responsible for the area in question certifies in writing that the site for the display meets his or her approval and is in compliance with all applicable codes; and

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(4) That the application be accompanied by a bond in the principal sum of $10,000.00, payable to the county in which the display is being held and conditioned for the payment of damages which may be caused either to persons or to property by reason of the display or, alternatively, that the application be accompanied by evidence that the applicant carries proper liability insurance for bodily injury in the amount of not less than $25,000.00 for each person and $50,000.00 for each accident and for property damage in the amount of not less than $25,000.00 for each accident and $50,000.00 aggregate, with an insurance company duly licensed by the Commissioner of Insurance. (b) Any person, firm, corporation, association, or partnership desiring to conduct a public exhibition or display of fireworks before a proximate audience shall first obtain a permit from the judge of the probate court of the county in which the public exhibition or display is to be held. Application for a permit must be made in writing and filed with the judge not less than ten days prior to the date of the proposed public exhibition or display of fireworks. Such application must contain the license number issued by the Safety Fire Commissioner for the person, firm, corporation, association, or partnership that will cause the combustion, explosion, deflagration, or detonation of pyrotechnics at the public exhibition or display. Fireworks distributors located outside this state shall obtain display permit application forms and provide the same to applicants upon request. The judge may grant a permit for the display on the following conditions: (1) That the display be conducted by a competent operator approved by the judge; (2) That the display shall be of such character as in the opinion of the judge will not be hazardous to persons or property; (3) That the local fire official responsible for the area in question certifies in writing that the site for the display meets his or her approval and is in compliance with all applicable codes; and (4) That the application be accompanied by a bond in the principal sum of $10,000.00, payable to the county in which the display is being held and conditioned for the payment of damages that may be caused either to persons or to property by reason of the display or, alternatively, that the application be accompanied by evidence that the applicant carries property liability insurance for bodily injury in the amount of not less than $25,000.00 for each person and $50,000.00 for each accident and for property damage in the amount of not less than $25,000.00 for each accident and $50,000.00 aggregate, with an insurance company duly licensed by the Commissioner of Insurance. (c) No permit, as provided for in subsections (a) and (b) of this Code section, shall be granted unless the applicant has met all the requirements of and is in full compliance with the rules and regulations promulgated by the Safety Fire Commissioner pursuant to this chapter. (d) The permit provided for in subsection (a) or (b) of this Code section shall be limited to the time specified therein, such time not to exceed a two-week period. The permit shall not be transferable. In the event any fireworks bought and possessed under this Code section are not used by the licensee or in the event that

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there is a surplus or excess after the two-week period expires, it shall be the duty of the licensee to return such fireworks to a facility approved in accordance with Code Section 25-10-3.1 and the rules and regulations promulgated by the Safety Fire Commissioner. Fireworks stored in accordance with Code Section 25-10-3.1 and regulations shall not be deemed contraband and shall not be subject to seizure. (e) The judge of the probate court shall receive $10.00 for his or her services in granting or refusing the original permit and $ 1.00 for each copy issued, to be paid by the applicant. The judge of the probate court shall provide the Safety Fire Commissioner a copy of each permit granted prior to the proposed date of the public exhibition or display."
SECTION 4. Said chapter is further amended by striking Code Section 25-10-5, relating to the license fee for manufacture, storage, and transportation of fireworks, and inserting in lieu thereof the following:
"25-10-5.
The annual license fee for any person, firm, or corporation conducting business in this state under paragraph (4) of Code Section 25-10-3 or storing fireworks under Code Section 25-10-3.1 or conducting pyrotechnic displays under Code Section 25-10-3.2 shall be $1,000.00 per year, payable to the Safety Fire Commissioner. The license shall expire on December 31 of each year. The Safety Fire Commissioner is authorized and directed to promulgate safety regulations relating to the manufacture, storage, and transportation of fireworks within this state in order to ensure the adequate protection of the employees of any such person, firm, or corporation and of the general public. The Safety Fire Commissioner is also authorized and directed to promulgate safety regulations relating to the public exhibition or display of pyrotechnics and the licensing requirements ofthose conducting such public exhibitions or displays, as he or she deems necessary. The Safety Fire Commissioner is further authorized and directed to conduct periodic inspections of the facilities of any person, firm, or corporation manufacturing, storing, and transporting fireworks as provided in paragraph (4) of Code Section 25-10-3 or as provided in Code Section 25-10-3.1 in order to ensure compliance with fire safety rules and regulations."
SECTION 5. Said chapter is further amended by striking Code Section 25-10-8, relating to penalties, and inserting in lieu thereof the following:
"25-10-8.
(a) Any person, firm, corporation, association, or partnership that violates Code Section 25-10-3.2 shall be guilty of a felony and shall be punished by imprisonment for not less than two nor more than ten years, or by a fine of not more than $10,000.00, or both. (b) Any person, firm, corporation, association, or partnership that violates any other provision of this chapter shall be guilty of a misdemeanor."

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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 28, 2003.
SOCIAL SERVICES - HANDICAPPED PERSONS - HEALTH ADULT DAY CENTER FOR AGING ADULTS LICENSURE ACT; ABUSE OF DISABLED ADULTS OR ELDER PERSONS; FELONY.
No. 50 (House Bill No. 318).
AN ACT
To amend Chapter 6 of Title 49 of the Official Code of Georgia Annotated, relating to services for the aging, so as to enact the "Adult Day Center for Aging Adults Licensure Act"; to provide a short title; to define terms; to provide for licensure of adult day centers; to authorize the Department of Human Resources to promulgate regulations for the operation of adult day centers; to authorize the Department of Human Resources to issue and revoke licenses of adult day centers; to provide access to adult day centers for the Department of Human Resources for the purpose of inspection and investigation; to provide for exemptions from inspections; to amend Chapter 5 of Title 30 of the Official Code of Georgia Annotated, relating to protection of disabled adults and elder persons, so as to increase the penalty for abuse, neglect, and exploitation of disabled adults and elder persons to a felony; to amend Chapter 2 of Title 31 of the Official Code of Georgia Annotated, relating to the Department of Human Resources, so as to authorize actions against applicants and licensees of certain centers; to provide for related matters; to provide for effective dates; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Chapter 6 of Title 49 of the Official Code of Georgia Annotated, relating to services for the aging, is amended by adding after Code Section 49-6-77, relating to rules and regulations to implement Georgia Family Caregiver Support, a new article to read as follows:

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"ARTICLE 7
49-6-80.
This article shall be known and may be cited as the 'Adult Day Center for Aging Adults Licensure Act.'
49-6-81.
The intent of the General Assembly is to promote, safeguard, and protect the well-being of adults participating in adult day care or adult day health services by authorizing, promoting, and supporting licensure regulations for adult day care and adult day health services providers. It is further the intent of the General Assembly that the Department of Human Resources shall serve as the agency responsible for promulgating, implementing, and enforcing the licensure regulations.
49-6-82. As used in this article, the term:
(1) 'Adult day care' means the provision of a comprehensive plan of services that meets the needs of aging adults, as defined in paragraph (4) of this Code section, under a social model, as defined in paragraph (7) of this Code section. (2) 'Adult day center' means a facility serving aging adults that provides adult day care or adult day health services, as defined in paragraphs (1) and (3) of this Code section, for compensation, to three or more persons. (3) 'Adult day health services' means the provision of a comprehensive plan of services that meets the needs of aging adults under a medical model, as defined in paragraph (6) of this Code section. (4) 'Aging adults' means persons 60 years of age or older or mature adults below the age of 60 whose needs and interests are substantially similar to persons 60 years of age or older who have physical or mental limitations that restrict their abilities to perform the normal activities of daily living and impede independent living. (5) 'Department' means the Department of Human Resources. (6) 'Medical model' means a comprehensive program that provides aging adults with the basic social, rehabilitative, health, and personal care services needed to sustain essential activities of daily living and to restore or maintain optimal capacity for self-care. Such program of care shall be based on individual plans of care and shall be provided for less than 24 hours per day. (7) 'Social model' means a program that addresses primarily the basic social and recreational activities needed to be provided to aging adults, but also provides, as required, limited personal care assistance, supervision, or assistance essential for sustaining the activities of daily living. Such programs of care shall be based on individual plans of care and shall be provided for less than 24 hours per day.

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49-6-83.
No person, business entity, corporation, or association, whether operated for profit or not for profit, shall operate an adult day center without first obtaining a license or a provisional license from the department. A license issued under this article shall not be assignable or transferable.
49-6-84. The department is authorized to promulgate rules and regulations to implement this article utilizing the public rule-making process to elicit input from consumers, providers, and advocates. The department is further authorized to issue, deny, suspend, or revoke licenses or take other enforcement actions against licensees or applicants as provided in Code Section 31-2-6. All rules and regulations and any enforcement actions initiated by the department shall comply with the requirements of Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.'
49-6-85.
An adult day center for which an application for a license has been submitted or to which a license has been issued shall be inspected by the department periodically and as determined necessary to monitor such center's compliance with applicable laws and regulations; provided, however, the department may exempt a center from inspection if such center has been certified or accredited by a certification or accreditation entity recognized and approved by the department if such entity uses standards that are substantially similar to those established by the department. A center seeking exemption from inspection shall be required to submit to the department documentation of certification or accreditation, including a copy of its most recent certification or accreditation inspection report, which shall be maintained by the department as a public record."
SECTION 1A. Chapter 5 of Title 30 of the Official Code of Georgia Annotated, relating to protection of disabled adults and elder persons, is amended by striking Code Section 30-5-8, relating to criminal offenses and penalties for abuse, neglect, and exploitation of disabled adults and elder persons, and inserting in lieu thereof the following:
"30-5-8. (a)(l) In addition to any other provision of law, it shall be unlawful for any person to abuse, neglect, or exploit any disabled adult or elder person. (2) Except as otherwise provided in Title 16, any person violating the provisions of this subsection shall be guilty of a felony and, upon conviction, shall be punished by imprisonment for not less than one nor more than five years. (b)( 1) It shall be unlawful for any person or official required by paragraph (1) of subsection (a) of Code Section 30-5-4 to report a case of disabled adult or elder person abuse to fail knowingly and willfully to make such report.

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(2) Any person violating the provisions of this subsection shall be guilty of a misdemeanor, (c) Any violation of this Code section shall constitute a separate offense."
SECTION 2. Chapter 2 of Title 31 of the Official Code of Georgia Annotated, relating to the Department of Human Resources, is amended by striking subsection (a) of Code Section 31-2-6, relating to actions against applicants or licensees regulated under Chapters 7, 13,22, and 23 of this title and Chapter 5 of Title 49, and inserting in its place the following:
"(a) This Code section shall be applicable to any agency, center, facility, institution, or entity subject to regulation by the department under Chapters 7,13, 22, 23, and 44 of this title and Chapter 5 and Article 7 of Chapter 6 of Title 49. For purposes of this Code section, the term 'license' shall be used to refer to any license, permit, registration, or commission issued by the department pursuant to the provisions of the law cited in this subsection."
SECTION 3. (a) For purposes of promulgating rules and regulations only, the Sections 1 and 2 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. (b) For all other purposes, Sections 1 and 2 of this Act shall become effective July 1 of the fiscal year following the year in which 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. (c) This section and Sections 1A and 4 of this Act shall become effective July 1, 2003.
SECTION 4. All laws and parts of laws in conflict with this Act are repealed.
Approved May 28, 2003.

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HEALTH - SOIL CLASSIFIER; SEWAGE MANAGEMENT SYSTEMS.
No. 51 (Senate Bill No. 129).
AN ACT
To amend Code Section 31-3-5 of the Official Code of Georgia Annotated, relating to functions of county boards of health, so as to change the definition of the term "soil classifier"; to repeal a certain definition; to change the provisions relating to who may conduct investigations of the suitability of sites within the state for on-site sewage management systems; to require certain standards and qualifications; 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 31-3-5 of the Official Code of Georgia Annotated, relating to functions of county boards of health, is amended by striking subsection (d) in its entirety and inserting in lieu thereof a new subsection (d) to read as follows:
"(d)(l) Any person may register with the department to conduct soil investigations and prepare soil reports of a site within the state for an on-site sewage management system who meets any one of the following criteria:
(A) Qualifies as a soil classifier as defined in subparagraph (B) of paragraph (3) of this subsection; (B) Holds a valid certificate of registration as a professional engineer issued pursuant to Chapter 15 of Title 43 and is practicing within his or her area of engineering competency; (C) Holds a valid certificate of registration as a registered geologist issued pursuant to Chapter 19 of Title 43 and is practicing within his or her area of geologic competency; or (D) Is a soil and water conservation technician as defined in subparagraph (A) of paragraph (3) of this subsection. (2) Upon the submission of an evaluation of the suitability of a site within the state for an on-site sewage management system by such a person who is registered with the department, the county board of health shall be required to accept the evaluation unless such evaluation is found by the county board of health to be deficient or questionable. If the county board of health finds such evaluation to be deficient or questionable, the board shall, within three working days of making such finding, issue a written determination stating all deficiencies and all measures needed to correct the deficiencies. A copy of this determination shall be provided to the state director of environmental health.

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(3) As used in this subsection, the term: (A) 'Soil and water conservation technician' means a person employed as a soil and water conservation technician by a soil and water conservation district provided for in Article 2 of Chapter 6 of Title 2. (B) 'Soil classifier' means a person who: (i) Holds at least a bachelor of science degree from an accredited college or university with a major in soil science or a related field of science. This degree shall include 30 semester credit hours or equivalent quarter credit hours in the biological, physical, chemical, and earth sciences with a minimum of 15 semester credit hours or equivalent quarter hours in soil science courses meeting the following distribution: (I) A minimum of one course in soil classification, morphology, genesis, and mapping; and (II) The remaining soil science credits must be in at least three of the following eight categories: introductory soil science; soil fertility; soil microbiology; soil chemistry; soil physics; soil management, soils and land use, or soils and the environment; soil mineralogy; or a three credit maximum in independent study, geology, or hydrology; and (ii) Has at least four years of verifiable full-time or equivalent part-time experience under the supervision of a soil classifier who has met the education and experience requirements provided in this subparagraph. Such experience must be obtained after meeting all educational requirements defined in this subparagraph and must have been spent actively mapping, identifying, and classifying soil features and interpreting the influence of soil features on soil uses including, but not limited to, conducting soil investigations for determining the suitability of sites for on-site sewage management systems as approved by the department's soil classifiers advisory committee; and (iii) Has successfully passed a written examination pertaining to site investigations for on-site sewage management systems administered or approved 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 28, 2003.

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HEALTH - AIR AMBULANCE SERVICES; LICENSURE; REGULATION.
No. 52 (Senate Bill No. 7).
AN ACT
To amend Chapter 11 of Title 31 of the Official Code of Georgia Annotated, relating to emergency medical services, so as to provide for the licensure and regulation of air ambulance services; to provide for definitions; to exempt air ambulances and air ambulance services from a certain program; to establish requirements for licensure; to provide for application for licensure; to require ambulances to comply with standards; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Chapter 11 of Title 31 of the Official Code of Georgia Annotated, relating to emergency medical services, is amended by striking paragraphs (1) through (4) of Code Section 31-11-2, relating to definitions, and inserting in their respective places the following paragraphs:
"(1) 'Air ambulance' means any rotary-wing aircraft used or intended to be used for hire for transportation of sick or injured persons who may need medical attention during transport. (1.1) 'Air ambulance service' means the for-hire providing of emergency care and transportation by means of an air ambulance for an injured or sick person to or from a place where medical or hospital care is furnished. (1.2) 'Ambulance' means a motor vehicle that is specially constructed and equipped or an air ambulance and is intended to be used for the emergency transportation of patients, including dual purpose police patrol cars and funeral coaches or hearses which otherwise comply with the provisions of this chapter. (2) 'Ambulance attendant' means a person responsible for the care of patients being transported in an ambulance. (3) 'Ambulance provider' means an agency or company providing ambulance service which is operating under a valid license from the Emergency Health Section of the Division of Public Health of the Department of Human Resources. (4) 'Ambulance service' means:
(A) The providing of emergency care and transportation on the public streets and highways of this state for a wounded, injured, sick, invalid, or incapacitated human being to or from a place where medical or hospital care is furnished; (B) The provision of any air ambulance service; or (C) The provision of services specified in subparagraphs (A) and (B) of this paragraph."

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SECTION 2. Said chapter is further amended by adding a new subsection (g) to Code Section 31-11-3, relating to recommendations by local coordinating entity as to administration of EMSC Program and hearing and appeal, to read as follows:
"(g) This Code section shall not apply to air ambulances or air ambulance services."
SECTION 3. Said chapter is further amended by striking paragraph (3) of subsection (a) of Code Section 31-11-5, relating to rules and regulations, and inserting in its place the following:
"(3) Establishing criteria for the training of ambulance attendants; and"
SECTION 4. Said chapter is further amended by striking Code Section 31-11-7, relating to exercise of emergency vehicle privileges by ambulance drivers, and inserting in its place the following:
"31-11-7. The driver of an ambulance on the public streets, highways, and private access roads of this state, when responding to an emergency call or while transporting a patient, is authorized to operate the ambulance as an emergency vehicle pursuant to Code Section 40-6-6."
SECTION 5. Said chapter is further amended by striking paragraph (2) of Code Section 31-11-11, relating to applicability of chapter, and inserting in its place the following:
"(2) A vehicle or aircraft that is operated by a person who is not licensed to furnish ambulance service which is rendering assistance temporarily in the case of a major catastrophe or emergency because the licensed ambulance services of the state are insufficient or unable to meet the demands thereof;"
SECTION 6. Said chapter is further amended by striking subsection (b) of Code Section 31-11-30, relating to license requirement, and inserting in its place the following:
"(b) No person shall make use of the word 'ambulance' to describe any ground or air transportation or facility or service associated therewith which such person provides or to otherwise hold oneself out to be an ambulance service unless such person has a valid license issued pursuant to the provisions of this chapter or is exempt from licensing under this chapter and is not the operator of an invalid car."
SECTION 7. Said chapter is further amended by striking paragraph (4) of Code Section 31-11-31, relating to application for license, and inserting in its place the following:

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"(4) A description or photograph of each ambulance, including the make, model, year of manufacture, and motor and chassis number; and the color scheme, insignia, name, monogram, or other distinguishing characteristics to be used to designate the applicant's ambulance or ambulances; (4.1) A description or photograph of each air ambulance, including the color scheme, insignia, name, monogram, or other distinguishing characteristics to be used to designate the applicant's air ambulance or air ambulances; and"
SECTION 8. Said chapter is further amended by striking subsection (a) of Code Section 31-11-33, relating to insurance coverage as condition of licensing, and inserting in its place the following:
"(a) Every ambulance operated on the streets, highways, and private access roads of this state by persons engaged in providing ambulance service shall have insurance coverage issued by an insurance company licensed to do business in this state providing at least the minimum coverage required for motor vehicles under Chapter 34 of Title 33; provided, however, in the case of ambulances operated by the state, the coverage required shall be the same coverage required for other state vehicles under Chapter 9 of Title 45. Every air ambulance operated by persons engaged in providing air ambulance service in this state shall have insurance coverage as described in Code Section 33-7-9."
SECTION 9. Said chapter is further amended by striking Code Section 31-11-34, relating to standards for ambulances, and inserting in its place the following:
"31-11-34. Ambulances operated by persons engaged in providing ambulance service shall meet all standards as set forth in the department's rules and regulations."
SECTION 10. All laws and parts of laws in conflict with this Act are repealed.
Approved May 29, 2003.
CRIMES - RECKLESS CONDUCT; ASSAULT; HIV; HEPATITIS.
No. 54 (Senate Bill No. 20).
AN ACT
To amend Code Section 16-5-60 of the Official Code of Georgia Annotated, relating to reckless conduct causing harm to or endangering the bodily safety of another, so as to prohibit assault with body fluids, saliva, or feces by a person who

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is infected with HIV or hepatitis against a peace officer or correctional officer; to prescribe penalties for violations; 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 16-5-60 of the Official Code of Georgia Annotated, relating to reckless conduct causing harm to or endangering the bodily safety of another, is amended by adding at its end a new subsection (d) to read as follows:
"(d) A person who is an HIV infected person or hepatitis infected person and who, after obtaining knowledge of being infected with HIV or hepatitis, commits an assault with the intent to transmit HIV or hepatitis, using his or her body fluids (blood, semen, or vaginal secretions), saliva, urine, or feces upon:
(1) A peace officer while the peace officer is engaged in the performance of his or her official duties or on account of the peace officer's performance of his or her official duties; or (2) A correctional officer while the correctional officer is engaged in the performance of his or her official duties or on account of the correctional officer's performance of his or her official duties is guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for not less than five nor more than 20 years."
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.
Approved May 29, 2003.
EDUCATION - PAGERS AND COMMUNICATION DEVICES; LOCAL BOARD POLICY.
No. 55 (Senate Bill No. 29).
AN ACT
To amend Code Section 20-2-1183 of the Official Code of Georgia Annotated, relating to prohibition of electronic pagers and communication devices, so as to authorize each local board of education to establish a policy to either permit or prohibit the possession of electronic communication devices by students in school; 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 20-2-1183 of the Official Code of Georgia Annotated, relating to prohibition of electronic pagers and communication devices, is amended by striking said Code section in its entirety and inserting in lieu thereof the following:
"20-2-1183. The possession of an electronic communication device by a student in school shall be permitted or prohibited as specifically prescribed by rule or policy set by the local board of education. If prohibited, the local board of education may provide for exceptions to such prohibition and for disciplinary actions for possession in violation of the prohibition. If possession of an electronic communication device by a student in school is permitted, the local board policy shall not permit the use by a student of any personal electronic communication device during classroom instructional time."
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.
Approved May 29, 2003.
MOTOR VEHICLES - MOPEDS; ELECTRIC PERSONAL ASSISTIVE
MOBILITY DEVICES.
No. 56 (Senate Bill No. 37).
AN ACT
To amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, so as to provide for regulation of certain motor driven cycles and electric personal assistive mobility devices; to define certain terms; to change certain provisions relating to powers of local authorities generally; 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 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, is amended in Code Section 40-1-1, relating to definitions, by inserting a new paragraph (15.6) to read as follows:
"(15.6) 'Electric personal assistive mobility device' or 'EPAMD' means a self-balancing, two nontandem wheeled device designed to transport only one person and having an electric propulsion system with average power of 750 watts (1 horsepower) and a maximum speed of less than 20 miles per hour on

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a paved level surface when powered solely by such propulsion system and ridden by an operator who weighs 170 pounds."
SECTION 2. Said title is further amended by striking paragraph (28) of Code Section 40-1-1, relating to definitions, and inserting in its place a new paragraph (28) to read as follows:
"(28) 'Moped' means a motor driven cycle equipped with two or three wheels, with or without foot pedals to permit muscular propulsion, and an independent power source providing a maximum of two brake horsepower. If a combustion engine is used, the maximum piston or rotor displacement shall be 3.05 cubic inches (50 cubic centimeters) regardless of the number of chambers in such power source. The power source shall be capable of propelling the vehicle, unassisted, at a speed not to exceed 30 miles per hour (48.28 kilometers per hour) on level road surface and shall be equipped with a power drive system that functions directly or automatically only, not requiring clutching or shifting by the operator after the drive system is engaged."
SECTION 3. Said title is further amended in said Code Section 40-1-1 by striking paragraph (33) and inserting in lieu thereof the following:
"(33) 'Motor vehicle' means every vehicle which is self-propelled other than an electric personal assistive mobility device (EPAMD)."
SECTION 4. Said title is further amended in Article 13 of Chapter 6, relating to special provisions for certain vehicles, by adding a new Part 2A to read as follows:
"Part 2A
40-6-320. (a) Electric personal assistive mobility devices may be operated on highways and on sidewalks where a 48 inch clear path is maintained for access for persons with disabilities, provided that any person operating such a device shall have the same rights and duties as prescribed for pedestrians in Article 5 of this chapter and except as otherwise provided in this part. (b) No person shall operate any electric personal assistive mobility device on the roadway of any highway unless:
(1) The maximum speed limit of the roadway is 35 miles per hour or less; or (2) The roadway has a separately striped bicycle lane and the device is operated within the bicycle lane. (c) When traveling on any roadway of a highway, a person operating an electric personal assistive mobility device shall travel in the same direction authorized for motor vehicle traffic on such roadway.

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40-6-321. Any person operating an electric personal assistive mobility device on a sidewalk or roadway shall comply with the requirements of this part or any local ordinance regulating the use of such devices pursuant to Code Section 40-6-371 and shall exercise due care to avoid colliding with, and shall yield the right of way to, persons traveling on foot.
40-6-322. No person shall operate an electric personal assistive mobility device at a speed greater than seven miles per hour when traveling on any sidewalk or 15 miles per hour elsewhere; provided, however, that a county or municipal governing authority or the commissioner of transportation may further restrict the speed of such devices in locations where pedestrian traffic is congested and there is a significant speed differential between pedestrians and operators of such devices.
40-6-323. (a) An electric personal assistive mobility device may be parked on a sidewalk unless otherwise prohibited or restricted by an official traffic control device or local ordinance; provided, however, that in no case shall an electric personal assistive mobility device be parked on any sidewalk in such a manner as to prevent the movement of a wheelchair. (b) An electric personal assistive mobility device shall not be parked on any roadway in such a manner as to prevent the movement of a legally parked motor vehicle. (c) Except as otherwise provided in this Code section, any person operating an electric personal assistive mobility device shall be subject to the same parking restrictions as provided for motor vehicles under Part 1 of Article 10 of this chapter. All violations of parking restrictions shall be deemed the responsibility of the owner of such device; and, for purposes of parking restrictions, the owner shall be deemed to be in control of the device at the time of a parking violation involving such device, and no evidence of actual control by such owner need be proven as an element of the offense.
40-6-324. No person shall carry or transport any hazardous materials on an electric personal assistive mobility device. Oxygen carried for personal medical reasons shall not be deemed a hazardous material for purposes of this Code section.
40-6-325. (a) Any electric personal assistive mobility device, when operated on any highway or sidewalk, shall be equipped with front, rear, and side reflectors which shall be visible from a distance of 300 feet when directly in front of lawful upper beams of headlights on a motor vehicle; a system that when employed will enable the operator to bring the device to a controlled stop; and, if the device is operated between one-half hour after sunset and one-half hour before sunrise, a

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lamp emitting a white light which, while the device is in motion, illuminates the area in front of the operator for a distance of 300 feet. (b) No person under the age of 16 years shall operate an electric assistive personal mobility device on any highway; provided, however, that a person under the age of 16 years may operate an electric assistive personal mobility device on any sidewalk if such person is wearing protective headgear which meets or exceeds the impact standards for bicycle helmets required by Code Section 40-6-296.
40-6-326. Any person who is under the influence of any intoxicating liquor or any drug to a degree which renders him or her a hazard shall not operate any electric personal assistive mobility device on any highway or sidewalk. Violation of this Code section shall be a misdemeanor, punishable upon conviction by a fine not to exceed $500.00.
40-6-327. Any person who violates any provision of this part other than Code Section 40-6-326 shall not be guilty of a criminal offense or a moving traffic violation for purposes of Code Section 40-5-57 but shall be subject to a civil penalty not to exceed $500.00."
SECTION 5. Said title is further amended in subsection (a) of Code Section 40-6-371, relating to powers of local authorities generally, by inserting a new paragraph to read as follows:
"(18.1) Regulating the operation of electric personal assistive mobility devices, provided that such regulations are no less restrictive than those imposed by Part 2A of Article 13 of this chapter;".
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 29, 2003.

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PROFESSIONS - LICENSING OF COUNSELORS, SOCIAL WORKERS, AND THERAPISTS; DISASTER
RELIEF SERVICES EXEMPTION.
No. 57 (Senate Bill No. 71).
AN ACT
To amend Code Section 43-10A-7 of the Official Code of Georgia Annotated, relating to licensing requirements for professional counselors, social workers, and marriage and family therapists, so as to provide an exemption from such requirements for certain persons providing certain disaster relief services; 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 43-10A-7 of the Official Code of Georgia Annotated, relating to licensing requirements for professional counselors, social workers, and marriage and family therapists, is amended by striking the word "and" at the end of paragraph (17) of subsection (b); by replacing the period at the end of paragraph (18) of subsection (b) with the symbol and word "; and"; and by adding at the end of subsection (b) a new paragraph (19) to read as follows:
"(19) Persons currently licensed to practice a specialty in another jurisdiction and who are practicing such specialty within a defined disaster area in order to alleviate the impact on persons affected by a disaster as defined in paragraph (1) of Code Section 38-3-91 or a state of emergency as defined in paragraph (7) of Code Section 38-3-3, but only when such specialty services are provided without cost to the recipients, and only for a maximum of 30 consecutive days following a disaster or a state of emergency."
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 29, 2003.

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STATE GOVERNMENT - EDUCATION - NAMING OR RENAMING STATE PROPERTY; RESTRICTIONS;
BOARD OF REGENTS; ADMINISTRATIVE DISCHARGE OF AMOUNTS DUE; NONLAPSE OF FUNDS.
No. 58 (Senate Bill No. 73).
AN ACT
To amend Chapter 16 of Title 50 of the Official Code of Georgia Annotated, relating to public property, so as to prohibit the naming or renaming of state property for any elected public official unless he or she is deceased or has been out of office for at least five years; to provide for the writing off of small amounts due to institutions under the Board of Regents of the University System of Georgia; to provide for movable personal property of institutions under the Board of Regents of the University System of Georgia; to amend Part 2 of Article 2 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to the university system, so as to provide that certain revenue of the university system shall not lapse; to provide for related matters; to provide an effective date; to provide for automatic repeal; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Chapter 16 of Title 50 of the Official Code of Georgia Annotated, relating to public property, is amended by adding at the end of Article 1 a new Code section to read as follows:
"50-16-20. On and after July 1, 2003, no property owned by the state including, but not limited to, state parks, buildings, highways, roads, or bridges, shall be officially designated or redesignated by any state agency or state official by the name and in honor of any elected public official unless the public official is deceased or until he or she has been out of office for at least five years, and no signs or markers shall be erected which so designate any such state owned property."
SECTION 2 Chapter 16 of Title 50 of the Official Code of Georgia Annotated, relating to public property, is amended by striking subsection (a) of Code Section 50-16-161, relating to movable personal property, and inserting in lieu thereof the following:
"(a) This part shall apply to movable personal property for all state agencies, authorities, and entities except for those agencies, authorities, and entities provided for in subsection (a) of Code Section 50-16-161.1, which shall be defined as any item which meets the following criteria:
(1) Any item which is basically nonconsumable and nonexpendable in nature, such as motor vehicles, mechanized and nonmechanized equipment, office equipment, appliances, etc.;

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(2) Any item with an estimated usable life expectancy of three or more years and an item acquisition cost of $1,000.00 or more; or (3) Any item or items which an agency feels should be included in its personal property inventory even though it fails to meet the criteria outlined above."
SECTION 3. Said chapter is further amended by inserting immediately following Code Section 50-16-161 a new Code Section 50-16-161.1 to read as follows:
"50-16-161.1
(a) This Code section shall apply to movable personal property for institutions under the Board of Regents of the University System of Georgia, which shall be defined as any item which meets the following criteria:
(1) Any item which is basically nonconsumable and nonexpendable in nature, including, but not limited to, motor vehicles, mechanized and nonmechanized equipment, office equipment, appliances; (2) Any item with an estimated usable life expectancy of three or more years and an item acquisition cost of $3,000.00 or more; or (3) Any item or items which an agency determines should be included in its personal property inventory even though it fails to meet the criteria of paragraph (1) or (2) of this subsection. (b) The Department of Administrative Services shall be authorized to include or exclude items from the inventory as it deems necessary; and the determination shall be binding upon the various departments, boards, bureaus, commissions, institutions, and other agencies of the state government."
SECTION 4. Said chapter is further amended by striking subsection (b) of Code Section 50-16-18, relating to writing off small amounts due to the state, and inserting in lieu thereof a new subsection (b) to read as follows:
"(b) All state agencies and departments, in order to preserve public funds, are authorized to develop appropriate standards, in conjunction with the Department of Audits and Accounts, which will provide a mechanism to consider administratively discharging any obligation or charge in favor of such agency or department when such obligation or charge is $100.00 or any lesser amount unless the agency or department belongs to the Board of Regents of the University System of Georgia in which case the obligation or charge in favor of the institution under the Board of Regents of the University System of Georgia may be $3,000.00 or any lesser amount. This procedure shall not be available to such agency or department in those instances where the obligor has more than one such debt or obligation in any given fiscal year, and this provision shall be construed in favor of the state agency or department so as not to alter the unquestioned ability of such state agency or department to pursue any debt, obligation, or claim in any amount whatsoever. In those instances where a debt or obligation of $100.00 or less, or $3,000.00 or less for the institutions of the Board of Regents of the University System of Georgia, has been deemed to be uncollectable, the proper individual making such determination shall transmit a

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recapitulation of the efforts made to collect the debt together with all other appropriate information, which shall include a reasonable estimate of the cost to pursue administratively orjudicially the account together with a recommendation to the commissioner of such state agency or department. In those instances where the commissioner makes a determination that further collection efforts would be detrimental to the public's financial interest, a certificate reflecting this determination shall be executed, and this certificate shall serve as the authority to remove such uncollectable accounts from the financial records of such state agency or department. Such certificates shall be forwarded to the state auditor in a manner and at such times as are reflected in the standards developed by the state auditor and the state agency or department."
SECTION 5. Part 2 of Article 2 of Chapter 3 of Title 20 of the Official Code of Georgia annotated, relating to the university system, is amended by inserting at the end thereof a new Code Section 20-3-86 to read as follows:
"20-3-86. Revenue collected by any or all institutions in the university system from continuing education fees, technology fees, or indirect cost recoveries shall not lapse."
SECTION 6 Section 1 of this Act shall be repealed in its entirety on June 30, 2005, and the remaining sections of this Act shall be repealed in their entirety on June 30, 2006.
SECTION 7. All laws and parts of laws in conflict with this Act are repealed.
Approved May 29, 2003.
PROFESSIONS - OPTOMETRY; UNLICENSED PRACTICE; FELONY.
No. 59 (Senate Bill No. 85).
AN ACT
To amend Code Section 43-30-14 of the Official Code of Georgia Annotated, relating to practicing optometry without a license, so as to increase punishment; 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 43-30-14 of the Official Code of Georgia Annotated, relating to practicing optometry without a license, is amended by striking the Code section and inserting in lieu thereof the following:
"43-30-14. Any person who practices optometry or who offers or pretends to practice or holds himself or herself out as eligible to practice optometry and who is not legally registered and licensed shall be guilty of a felony."
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.
Approved May 30, 2003.
CONSERVATION AND NATURAL RESOURCES COASTAL MARSHLANDS; EXEMPTIONS.
No. 60 (Senate Bill No. 94).
AN ACT
To amend Code Section 12-5-295 of the Official Code of Georgia Annotated, relating to exemptions from the Coastal Marshlands Protection Act of 1970, so as to provide that such Act shall not apply to the owners of certain property; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Code Section 12-5-295 of the Official Code of Georgia Annotated, relating to exemptions from the Coastal Marshlands Protection Act of 1970, is amended by striking in its entirety paragraph (7) and inserting in lieu thereof the following:
"(7) The building of a private dock exclusively for the noncommercial use of the owner or his or her invitees and constructed on pilings, the walkways of which are above the marsh grass not obstructing tidal flow, by:
(A) The owner of a lot on which a detached single-family residence is located on high land adjoining such dock; or (B) The owner of a lot having at least 50 front feet of land abutting the marshlands which contains high land suitable for the construction of a detached single-family residence and where the construction of such a residence is not prohibited; or"

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SECTION 2. All laws and parts of laws in conflict with this Act are repealed.
Approved May 29, 2003.
COURTS - JUVENILE PROCEEDINGS; DISCOVERY.
No. 61 (Senate Bill No. 116).
AN ACT
To amend Article 1 of Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile proceedings, so as to provide for the regulation of discovery and inspection in juvenile cases; to provide for conditions, limitations, and procedures with respect thereto; to provide for applicability; to provide for disclosure of evidence and reciprocal discovery; to provide for exceptions; to provide for continuing duties to disclose; to provide for production of statements of witnesses; to provide for court orders with respect to failure to comply; to provide for other matters relative to the foregoing; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Article 1 of Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile proceedings, is amended by adding a new Part 7A following Part 7 to read as follows:
"Part 7A
15-11-75. (a) Requestfor discovery. In all cases in which a child is charged with having committed a delinquent act as defined in Code Section 15-11-2, the child shall, upon written request to the person or entity prosecuting the case having actual custody, control, or possession of the material to be produced, have full access to the following for inspection, copying, or photographing:
(1) A copy of the complaint; (2) A copy of the petition; (3) The names and last known addresses and telephone numbers of each witness to the occurrence which forms the basis of the charge; (4) A copy of any written statement made by the child or any witness that relates to the subject matter concerning the testimony of the witness that the prosecuting attorney or entity prosecuting the case intends to call as a witness;

318_______GENERAL ACTS AND RESOLUTIONS, VOL. I_________
(5) Transcriptions, recordings, and summaries of any oral statement of the child or of any witness, except the product of counsel; (6) Any scientific or other report which is intended to be introduced at the hearing or that pertains to physical evidence which is intended to be introduced; (7) Photographs and any physical evidence which are intended to be introduced at the hearing; and (8) Copies of the police incident report and supplemental report, if any, regarding the occurrence which forms the basis of the charge. (b) Reciprocal discovery. If the child requests disclosure of information pursuant to subsection (a) of this Code section, it shall be the duty of the child to promptly make the following available for inspection, copying, or photographing to the prosecuting attorney or the entity prosecuting the case: (1) The names and last known addresses and telephone numbers of each witness to the occurrence which forms the basis of the defense; (2) Any scientific or other report which is intended to be introduced at the hearing or that pertains to physical evidence which is intended to be introduced; (3) Photographs and any physical evidence which are intended to be introduced at the hearing; and (4) A copy of any written statement made by any witness that relates to the subject matter concerning the testimony of the witness that the child intends to call as a witness. (c) Timing of response to discovery. A request for discovery or reciprocal discovery shall be complied with promptly and not later than 48 hours prior to the adjudicator/ hearing except when later compliance is made necessary by the timing of the request. If the request for discovery is made fewer than 48 hours prior to the adjudicator/ hearing, the discovery response shall be produced in a timely manner. If, subsequent to providing a discovery response in compliance with this Code section, the existence of additional evidence is found, it shall be promptly provided to the person or child making the discovery request. (d) Alibi. ( 1) Upon written request by the prosecuting attorney or entity prosecuting the case stating the time, date, and place at which the alleged delinquent act was committed, the child shall serve upon the prosecuting attorney or entity prosecuting the case a written notice of the child's intention to offer a defense of alibi. Such notice by the child shall state the specific place or places at which the child claims to have been at the time of the alleged delinquent act and the names, addresses, dates of birth, and telephone numbers of the witnesses, if known to the child, upon whom the child intends to rely to establish such alibi unless previously supplied. A request for alibi evidence shall be complied with promptly and not later than 48 hours prior to the adjudicator/ hearing except when later compliance is made necessary by the timing of the request. If the request for alibi evidence is made fewer than 48 hours prior to the adjudicator/ hearing, the alibi evidence shall be produced in a timely manner. If the defendant withdraws the notice of intention to rely

___________GEORGIA LAWS 2003 SESSION___________319
upon an alibi defense, the notice and intention to rely upon an alibi defense are not admissible. However the prosecuting attorney or entity prosecuting the case may offer any other evidence regarding alibi. (2) The prosecuting attorney or entity prosecuting the case shall serve upon the child a written notice stating the names, addresses, dates of birth, and telephone numbers of the witnesses, if known to the state, upon whom the state intends to rely to rebut the child's evidence of alibi unless previously supplied. (e) Order granting discovery; limitations; sanctions. If a request for discovery is refused, application may be made to the court for a written order granting discovery. Motions for discovery shall certify that a request for discovery was made and was refused. An order granting discovery shall require reciprocal discovery. Notwithstanding the provisions of subsection (a) of this Code section, the court may deny, in whole or in part, or otherwise limit or set conditions concerning the discovery response upon a sufficient showing by a person or entity to whom a request for discovery is made that disclosure of the information would: (1) Jeopardize the safety of a party, witness, or confidential informant; (2) Create a substantial threat of physical or economic harm to a witness or other person; (3) Endanger the existence of physical evidence; (4) Disclose privileged information; or (5) Impede the criminal prosecution of a minor who is being prosecuted as an adult or the prosecution of an adult charged with an offense arising from the same transaction or occurrence. (f) Failure to comply. If at any time during the course of the proceedings it is brought to the attention of the court that a person or entity has failed to comply with an order issued pursuant to this Code section, the court may grant a continuance, prohibit the party from introducing in evidence the information not disclosed, or enter such other order as the court deems just under the circumstances. (g) Court discretion. Nothing contained in this Code section shall prohibit the court from ordering the disclosure of any information that the court deems necessary and appropriate for proper adjudication. (h) Confidentiality ofdiscovery responses. Any material or information furnished to the child pursuant to this part shall remain in the exclusive custody of the child and shall only be used during the pendency of the case and shall be subject to such other terms and conditions as the court may provide. (i) Danger of proceeding pro se. If a child proceeds pro se, the court shall instruct the child concerning the danger of proceeding pro se and his or her rights under this Code section."
SECTION 2. This Act shall become effective on July 1, 2003, and shall apply to all cases in which a petition is filed on or after that date.

320______GENERAL ACTS AND RESOLUTIONS, VOL. I
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.
Approved May 29, 2003.
COURTS - SHERIFFS; PROHIBITED BUSINESS ACTIVITIES.
No. 62 (Senate Bill No. 117).
AN ACT
To amend Chapter 16 of Title 15 of the Official Code of Georgia Annotated, relating to sheriffs, so as to provide that engaging in specified businesses shall be a violation of a sheriffs oath of office; to provide a definition; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAE ASSEMBEY OF GEORGIA:
SECTION 1. Chapter 16 of Title 15 of the Official Code of Georgia Annotated, relating to sheriffs, is amended by inserting a new Code section to be designated Code Section 15-16-4.1 to read as follows:
"15-16-4.1. Without limiting the generality of the oath set out in Code Section 15-16-4, it shall be a violation of a sheriffs oath of office for any sheriff to engage either directly or indirectly in a private security, private investigation, bail bonding, or wrecker towing business in the county in which the sheriff has jurisdiction. As used in this Code section, 'engaging indirectly' in such a business shall include the engagement in a prohibited business by the spouse or an unemancipated child of a sheriff."
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.
Approved May 29, 2003.

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DOMESTIC RELATIONS - FAMILY VIOLENCE AND STALKING PROTECTIVE ORDER REGISTRY.
No. 63 (Senate Bill No. 123).
AN ACT
To amend Article 4 of Chapter 13 of Title 19 of the Official Code of Georgia Annotated, relating to the family violence and stalking protective order registry, so as to clarify the use of standardized forms and a court's ability to modify the form; to change provisions relating to updating certain information in the registry; to specify the sheriffs duties with respect to updating and maintaining the registry; 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 4 of Chapter 13 of Title 19 of the Official Code of Georgia Annotated, relating to the family violence and stalking protective order registry, is amended by striking subsection (c) of Code Section 19-13-52, relating to the purpose of the Georgia Protective Order Registry, access to information, and linking to the National Crime Information Center Network, and inserting in lieu thereof the following:
"(c) The registry shall include a complete and systematic record and index of all valid protective orders and modifications thereof. Law enforcement officers and the courts shall have access to the registry."
SECTION 2. Said article is further amended by striking Code Section 19-13-53, relating to standardized forms and the timing and transmission of information and data entry, and inserting in lieu thereof the following:
"19-13-53. (a) The courts of this state shall use a standardized form or forms for the issuance of any protective order. The form or forms shall be promulgated by the Uniform Superior Court Rules. The standardized form or forms for protective orders shall be in conformity with the provisions of this Code, shall be subject to the approval of the Georgia Crime Information Center and the Georgia Superior Court Clerks' Cooperative Authority as to form and format, and shall contain, at a minimum, all information required for entry of protective orders into the registry and the National Crime Information Center Protection Order File. The Administrative Office of the Courts shall distribute the forms. A court may modify the standardized form to comply with the court's application of the law and facts to an individual case. The form or forms shall contain at a minimum, all information that is required for entry of protective orders into the registry and the National Crime Information Center Protection Order file.

GENERAL ACTS AND RESOLUTIONS, VOL. I
(b) The clerk of the issuing court shall electronically transmit a copy of the protective order or modification thereof to the registry as expeditiously as possible but no later than by the end of the next business day after the order is filed with the clerk of court. In the event of electronic failure, the clerk of court shall immediately notify the Georgia Crime Information Center which shall authorize an alternative method of transmitting the protective order or modification thereof to the registry. (c) The Georgia Crime Information Center shall ensure that any protective order or modification thereof is entered in the registry within 24 hours of receipt of the protective order or modification from the clerk of court. The inability to enter information for all data fields in the registry shall not delay the entry of available information. (d) The sheriff's department shall be responsible for the validation of all National Crime Information Center protective order entries made on its behalf by the superior court clerk's office in accordance with the validation steps established by the Georgia Crime Information Center and the National Crime Information Center. All registry entries shall be validated in accordance with the file retention schedule established by the National Crime Information Center. The sheriff shall respond to and confirm 'HIT' confirmation requests based upon the records maintained in the sheriffs office. (e) The entry of a protective order in the registry shall not be a prerequisite for enforcement of a valid protective order."
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 29, 2003.
ANIMALS - LIVESTOCK DISEASE.
No. 64 (Senate Bill No. 183).
AN ACT
To amend Part 1 of Article 1 of Chapter 4 of Title 4 of the Official Code of Georgia Annotated, relating to general provisions relative to control of infectious or contagious diseases in livestock, so as to change certain provisions relating to notices and reporting required for certain diseases; to prohibit knowingly introducing into this state certain animal diseases, syndromes, chemicals, poisons, or toxins; to require reports of certain diseases, syndromes, conditions, or acts

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related thereto; to provide punishments for certain violations; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAE ASSEMBEY OF GEORGIA:
SECTION 1. Part 1 of Article 1 of Chapter 4 of Title 4 of the Official Code of Georgia Annotated, relating to general provisions relative to control of infectious or contagious diseases in livestock, is amended by striking Code Section 4-4-6, relating to notice and reporting required for certain diseases, and inserting in lieu thereof the following:
"4-4-6.
(a) Any person who knowingly introduces into this state any foreign animal disease or any animal disease, syndrome, chemical, poison, or toxin that may pose a substantial threat of harm to the animal industries in this state shall be guilty of a misdemeanor of a high and aggravated nature.
(b)(l) Any person who makes a clinical diagnosis or laboratory confirmation of or who reasonably suspects the presence or occurrence of any of the following diseases, syndromes, or conditions in animals shall report the same immediately to the state veterinarian or the United States Department of Agriculture area veterinarian in charge:
(A) African Horse Sickness; (B) African Swine Fever; (C) Avian Influenza; (D) Classical Swine Fever (Hog Cholera); (E) Contagious Bovine Pleuropneumonia (Mycoplasma mycoides mycoides)', (F) Contagious Ecthyma (Soremouth); (G) Foot & Mouth Disease (FMD, any type); (H) Heartwater (Cowdria ruminantium)', (I) Eumpy Skin Disease; (J) Newcastle Disease (Exotic); (K) Nipah Virus; (L) Peste des Petits Ruminants; (M) Plague (Yersiniapestis); (N) Rift Valley Fever; (O) Rinderpest; (P) Screwworm (Cochliomyia hominivorax, C. bezziana); (Q) Sheep Pox and Goat Pox; (R) Swine Vesicular Disease; (S) Vesicular or Ulcerative Conditions; (T) Vesicular Exanthema; or (U) Vesicular Stomatitis (VS, any type). (2) Any person who reasonably suspects the presence or occurrence of anyvesicular diseases, mucosal diseases, or abortion storms of unknown etiology in livestock; undiagnosed bovine central nervous system conditions; unusual

324______GENERAL ACTS AND RESOLUTIONS, VOL. I________
number of acute deaths in livestock; unusual myiasis or acariasis (flies, mites, ticks, etc.) in animals; or any apparently highly infectious or contagious animal condition of unknown etiology shall report the same immediately to the state veterinarian or the United States Department of Agriculture area veterinarian in charge. (3) Any person who makes a laboratory confirmation of any of the following diseases, syndromes, or conditions in animals shall report the same within 24 hours or by the close of the next business day, whichever last occurs, to the state veterinarian or the United States Department of Agriculture area veterinarian in charge:
(A) Akabane Virus Disease; (B) Anthrax (Bacillus anthracis); (C) Aujeszky's Disease (Pseudorabies); (D) Avian Chlamydiosis (Psittacosis and Ornithosis, Chlamydiapsittaci); (E) Babesiosis (in livestock, any species); (F) Bluetongue; (G) Borna Disease; (H) Bovine Spongiform Encephalopathy; (I) Brucellosis (Brucella. abortus, B. ovis, B. suis B. mellitensis)', (J) Camel Pox Virus; (K) Caseous Lymphadenitis (Corynebacterium pseudotuberculosis)', (L) Chronic Wasting Disease; (M) Clostridium perfringens Epsilon Toxin; (N) Coccidioidomycosis (Goccidioides immitis); (O) Contagious Agalactia (Mycoplasma agalactiae, M. capricolum capricolum, M. putrefaciem, M. mycoides mycoides, M. mycoides mycoides LQ; (?) Contagious Caprine Pleuropneumonia (Mycoplasma capricolum capripneumoniae)', (Q) Contagious Equine Metritis (Taylorella equigenitalis); (R) Dourine (Trypanosoma eqitiperdum); (S) Enterovirus Encephalomyelitis (porcine); (T) Ephemeral Fever; (U) Epizootic Lymphangitis (Histoplasma farciminosum); (V) Equine Encephalomyelitis (Eastern, Western, Venezuelan, West Nile Virus); (W) Equine Infectious Anemia (EIA); (X) Equine Morbillivirus (Hendra virus); (Y) Equine Piroplasmosis (Babesiosis, Babesia (Piroplasma) equi, B. caballi)', (Z) Equine Rhinopneumonitis (Type 1 and 4); (AA) Equine Viral Arteritis; (BB) Feline Spongiform Encephalopathy; (CC) Glanders (Burkholderia [Pseudomonas] mallei}; (DD) Hemorrhagic Septicemia (Pasteurella multocida); (EE) Japanese Encephalitis Virus;

___________GEORGIA LAWS 2003 SESSION___________325
(FF) Ibaraki; (GG) Infectious Laryngotracheitis (other than vaccine induced); (HH) Infectious Petechial Fever (Ehrlichia ondiri); (II) Louping 111 (Ovine encephalomyelitis); (JJ) Maedi-Visna/Ovine Progressive Pneumonia; (KK) Malignant Catarrhal Fever (Bovine Malignant Catarrh) (AHV-1, OHV-2); (LL) Mange (in livestock)(Sarco/?/es scabiei var bovis and ovis, Psoroptes ovis, Chorioptes bovis, Psorergates bos and ovis)', (MM) Menangle virus; (NN) Melioidosis (Burkholderia [Pseudomonas] pseudomallei); (OO) Nairobi Sheep Disease; (PP) Paratuberculosis (Mycobacterium avium paratuberculosis)', (QQ) Perkinsosis (Perkinsus marimts and P. olseni); (RR) Pullorum Disease (Salmonella pullorum); (SS) Q Fever (Coxiella burnetti); (TT) Rabbit Hemorrhagic Disease (Calicivirus disease); (UU) Rabies; (VV) Ricin Toxicosis (toxin from Ricinis communis)', (WW) Salmonellosis caused by Salmonella enteritidis; (XX) Salmonellosis in equine (Salmonella typhimurium, S. agona, S. anatum, etc.)', (YY) Scrapie; (ZZ) Shigatoxin; (AAA) Staphylococcal Enterotoxins; (BBB) Sweating Sickness; (CCC) Theileriosis (Theileria annulata, T. parva); (DDD) Transmissible Mink Encephalopathy; (EEE) Transmissible Spongiform Encephalopathies (all types); (FFF) Trypanosomiasis (Trypanosoma congolense, T. vivax, T.brucei brucei, T. evansi); (GGG) Tuberculosis (Mycobacterium. bovis, M. tuberculosis); (HHH) Tularemia (Francisella tularensis); (III) Ulcerative Lymphangitis (Corynebacterium pseitdotuberculosis); or (JJJ) Wesselsbron Disease. (4) Any person who makes a laboratory confirmation of any unusual presentation, unexplained increase in number of cases, or unusual trend of Botulism (Clostridium botulinum toxin), aflatoxin, or T-2 toxin in animals which such person reasonably suspects may be caused by bioterrorism as defined by Code Section 31 -12-1.1 or epidemic or pandemic presentation and may pose a substantial threat of harm to the animal industries in this state shall report the same immediately to the state veterinarian or the United States Department of Agriculture area veterinarian in charge. (5) Any person, including without limitation any veterinarian or veterinary diagnostic laboratory or practice personnel, person associated with any livestock farm, ranch, sales establishment, transportation, or slaughter facility,

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as well as any person associated with a facility licensed under Chapter 10 of this title, the 'Bird Dealers Licensing Act,' or under Article 1 of Chapter 11 of this title, the 'Animal Protection Act,' who shall fail to report any disease, syndrome, or condition specified in this subsection as required by this subsection shall be guilty of a misdemeanor. (c) The Commissioner is authorized to declare certain other 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. (d) Any person who reasonably suspects the intentional use of any chemical or nuclear agent, microorganism, virus, infectious substance, or any component thereof, whether naturally occurring or bioengineered, to cause death, illness, disease, or other biological malfunction in an animal shall report such suspicion immediately to the state veterinarian or the United States Department of Agriculture area veterinarian in charge. (e) All such reports and data submitted to the state veterinarian or the department pursuant to this Code section 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. (f) Any person, including, but not limited to, any veterinarian or veterinary diagnostic laboratory or practice personnel, person associated with any livestock farm, ranch, sales establishment, transportation, or slaughter facility, as well as any person associated with a facility licensed under Chapter 10 of this title, the 'Bird Dealers Licensing Act,' or under Article 1 of Chapter 11 of this title, the 'Animal Protection Act,' submitting reports or data in good faith in compliance with this Code section shall not be liable for any civil damages therefor. (g) Any person who knowingly and willingly makes a false, fictitious, or fraudulent report in any matter within the jurisdiction of the state veterinarian or the department under this Code section shall be subject to the provisions of Code Section 16-10-20. (h) This Code section shall not prohibit the conduct of any bona fide research activities by or on behalf of any accredited public or private college or university in this state, nor shall the reporting requirements of this Code section apply to persons performing such research activities."
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.
Approved May 29, 2003.

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LAW ENFORCEMENT - PEACE OFFICERS; TRAINING; REIMBURSEMENT BY GOVERNMENTAL UNIT.
No. 66 (Senate Bill No. 215).
AN ACT
To amend Chapter 8 of Title 35 of the Official Code of Georgia Annotated, relating to employment and training of peace officers, so as to change provisions relating to reimbursement by a governmental unit that employs a peace officer within a certain period of time after such peace officer has completed training while employed by another governmental unit; to provide that the reimbursement requirement shall apply only to governmental units and not to peace officers; to require certain acknowledgment by the peace officer of such requirement as a condition to demanding reimbursement; 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 8 of Title 35 of the Official Code of Georgia Annotated, relating to employment and training of peace officers, is amended by striking Code Section 35-8-22, relating to reimbursement for peace officer training expenses upon change in employment, and inserting in its place a new Code section to read as follows:
"35-8-22. (a) Unless otherwise provided by an employment contract to the contrary, if the State of Georgia or any county or municipality thereof employs a peace officer and said peace officer is hired by another agency within 15 months after completing mandated or formalized training requirements, then the total expense of training, including salary paid during training, shall be reimbursed by the hiring agency to the State of Georgia or any county or municipality thereof which initially paid for such training. If said officer is hired by another agency during a period of 15 to 24 months after mandated or formalized training requirements are completed, then one-half of the total expense of training, including salary paid during training, shall be reimbursed by the hiring agency to the State of Georgia or any county or municipality thereof which initially paid for such training. The council shall set standards for reimbursement by hiring agencies based upon actual expenses incurred in mandated or formalized training by individual departments. (b) The State of Georgia or any county or municipality thereof which initially paid for the training of a peace officer shall submit an itemized, sworn statement to the new employer of the peace officer and shall demand payment thereof and may enforce collection of such obligation through civil remedies and procedures. (c) Effective July 1, 2003, in order for the State of Georgia or any county or municipality thereof to demand reimbursement, the demanding governmental unit

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must be able to document that the peace officer in question signed an acknowledgment of the terms of this Code section or an employment contract specifying the provisions of this Code section prior to such peace officer's employment with the demanding governmental unit. Otherwise, this Code section shall not apply to such demand for reimbursement."
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.
Approved May 29, 2003.
LOCAL GOVERNMENT - GEORGIA GREENSPACE TRUST FUND; VOLUNTARY CONTRIBUTIONS.
No. 67 (Senate Bill No. 247).
AN ACT
To amend Code Section 36-22-4 of the Official Code of Georgia Annotated, relating to the establishment ofthe Georgia Greenspace Trust Fund, so as to provide for donations to the Georgia Greenspace Trust Fund by taxpayers through voluntary contributions on each taxpayer's state income tax return; 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 36-22-4 of the Official Code of Georgia Annotated, relating to the establishment of the Georgia Greenspace Trust Fund, is amended by adding a new subsection (f) to read as follows:
"(f)(l) Unless an earlier date is deemed feasible and established by the Governor, each Georgia income tax return form for taxable years beginning on or after January 1, 2004, shall contain appropriate language, to be determined by the state revenue commissioner, offering the taxpayer the opportunity to contribute to the Georgia Greenspace Trust Fund established in subsection (a) of this Code section by either donating all or any part of any tax refund due, by authorizing a reduction in the refund check otherwise payable, or by contributing any amount over and above any amount of tax owed by adding that amount to the taxpayer's payment. The instructions accompanying the income tax return form shall contain a description of the purposes for which this fund was established and the intended use of moneys received from the contributions. Each taxpayer required to file a state income tax return who desires to contribute to the Georgia Greenspace Trust Fund may designate such

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contribution as provided in this Code section on the appropriate income tax return form. (2) The Department of Revenue shall determine annually the total amount so contributed, shall withhold therefrom a reasonable amount for administering this voluntary contribution program, and shall transmit the balance to the department for deposit in the Georgia Greenspace Trust Fund established in subsection (a) of this Code section; provided, however, the amount retained for administrative costs shall not exceed $50,000.00 per year. If, in any tax year, the administrative costs of the Department of Revenue for collecting contributions pursuant to this Code section exceed the sum of such contributions, the administrative costs which the Department of Revenue is authorized to withhold from such contributions shall not exceed the sum of such contributions."
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.
Approved May 29, 2003.
MOTOR VEHICLES - TRANSIT BUSES; EMERGENCY LANES.
No. 68 (Senate Bill No. 256).
AN ACT
To amend Code Section 40-6-50 of the Official Code of Georgia Annotated, relating to driving on divided highways, controlled-access roadways, and emergency lanes, so as to change certain provisions of law to allow the commissioner of transportation the authority to designate the location and manner when a transit bus may operate on the emergency lanes of certain controlled-access facilities; 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 40-6-50 of the Official Code of Georgia Annotated, relating to driving on divided highways, controlled-access roadways, and emergency lanes, is amended by striking that Code section in its entirety and inserting in lieu thereof the following:
"40-6-50. (a) As used in this Code section, the term 'gore' means the area of convergence between two lanes of traffic.

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(b) Every vehicle driven on a divided highway shall be driven only upon the right-hand roadway unless directed or permitted to use another roadway by official traffic-control devices or police officers. No vehicle shall be driven over, across, or within any dividing space, barrier, gore, paved shoulder, or section separating the roadways of a divided highway; except that a vehicle may be driven through an opening in such physical barrier or dividing space or at an established crossover or intersection unless specifically prohibited by an official sign, signal, or control device. No person shall drive a vehicle onto or from any controlled-access roadway except at such entrances and exits as are established by public authority. Except as provided for in subsection (c) of this Code section, no vehicle shall be driven in an emergency lane except in the event of an actual emergency. (c) For purposes of this subsection, 'transit bus' means a bus used for the transportation of passengers within a system which is operated by or under contract to the state, a public agency or authority, or a county or municipality of this state. If the commissioner of transportation permits the use of emergency lanes of a controlled-access roadway by transit buses in the metropolitan Atlanta nonattainment area, the commissioner shall designate on which controlled-access roadways the use of emergency lanes by transit buses may be allowed and upon such designation the commissioner shall only permit the use on that emergency lane of a transit bus with a seating capacity of 33 passengers or more. Transit buses authorized to use the emergency lanes under this subsection may be operated on the emergency lane only when main lane traffic speeds are less than 35 miles per hour. Drivers of transit buses being operated on the emergency lanes may not exceed the speed of the main lane traffic by more than 15 miles per hour and may never exceed 35 miles per hour. Drivers of transit buses being operated on the emergency lanes must yield to merging, entering, and exiting traffic and must yield to other vehicles on the emergency lanes. Transit buses operating on the emergency lanes must be registered with the Department of Transportation."
SECTION 2. This Act shall become effective on July 1, 2003.
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.
Approved May 29, 2003.

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FIRE PROTECTION - LAW ENFORCEMENT - STATE FIRE MARSHAL AND STAFF; WEAPONS; PEACE OFFICER CERTIFICATION.
No. 70 (Senate Bill No. 345).
AN ACT
To amend Code Section 25-2-9 of the Official Code of Georgia Annotated, relating to the power of the state fire marshal and staff to make arrests and carry weapons, so as to provide for investigation of a fine upon the request of a sheriff, chief of police, or district attorney; to revise the authority of the state fire marshal and staff to make arrests and carry weapons; to require that such personnel be certified peace officers; to provide for the power to execute certain arrest and search warrants; to provide a prohibition on resisting arrest by and interfering with the duties of such persons; to amend Code Section 35-8-10 of the Official Code of Georgia Annotated, relating to applicability of peace officer certification requirements generally, so as to include persons employed by the Office of the Commissioner of Insurance and Safety Fire Commissioner; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Code Section 25-2-9 of the Official Code of Georgia Annotated, relating to the power of the state fire marshal and staff to make arrests and carry weapons, is amended by striking the Code section in its entirety and inserting in lieu thereof a new Code Section 25-2-9 to read as follows:
"25-2-9. (a) Upon the request of the sheriff of the county, the chief of police of the jurisdiction, the district attorney of the judicial circuit, or a local fire official, the state fire marshal and any employees of such official shall have the authority to investigate the cause and origin of any fire which occurred in said county, jurisdiction, or judicial circuit. (b) Personnel employed and authorized by the state fire marshal shall have the power to make arrests for criminal violations established as a result of investigations. Such personnel must hold certification as a peace officer from the Georgia Peace Officer Standards and Training Council and shall have the power to execute arrest warrants and search warrants for criminal violations and to arrest, upon probable cause and without warrant, any person found violating any of the provisions of applicable criminal laws. Authorized personnel empowered to make arrests pursuant to this Code section shall be empowered to carry firearms as authorized by the state fire marshal in the performance of their duties. It shall be unlawful for any person to resist an arrest authorized by this Code section or to interfere in any manner, including abetting or assisting such

332______GENERAL ACTS AND RESOLUTIONS, VOL. I________
resistance or interference, with personnel employed by the state fire marshal in the duties imposed upon such personnel by law."
SECTION 2. Code Section 35-8-10 of the Official Code of Georgia Annotated, relating to applicability of peace officer certification requirements generally, is amended by striking subsection (b) and inserting in lieu thereof a new subsection (b) to read as follows:
"(b) Peace officers commencing any employment or service on any terms with the Department of Public Safety, counties, municipalities, the Georgia Bureau of Investigation, the Department ofNatural Resources, the Department ofRevenue, Alcohol and Tobacco Tax Unit, the Secretary of State's investigative section, the Office of the Commissioner of Insurance and Safety Fire Commissioner, or a railroad after July 1, 1975, are required to comply with the certification provisions of this chapter. Peace officers commencing such employment or service prior to July 1, 1975, and whose employment continues on July 1, 1975, are exempt and excused from compliance with the certification provisions of this chapter except as provided in this Code section so long as the registration provided for in subsections (d) and (e) of this Code section remains in effect. Any peace officer otherwise exempt from the certification provisions of this chapter must meet the qualifications and requirements specified in paragraphs (2), (4), (5), and (8) of subsection (a) of Code Section 35-8-8."
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 29, 2003.
WILLS - ADMINISTRATION; MISSING PERSONS.
No. 71 (House Bill No. 32).
AN ACT
To amend Article 1 of Chapter 9 of Title 53 of the Official Code of Georgia Annotated, the Revised Probate Code of 1998, relating to administration of the estate of missing persons and persons believed to be dead, so as to provide that when any domiciliary of this state has been exposed to a specific peril or tragedy resulting in probable death the death of the individual may be proved by clear and

_____________GEORGIA LAWS 2003 SESSION___________333
convincing evidence at any time after such exposure; 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 9 of Title 53 of the Official Code of Georgia Annotated, the Revised Probate Code of 1998, relating to administration of the estate of missing persons and persons believed to be dead, is amended by striking Code Section 53-9-1, relating to presumption of proof of death and presumption that missing person predeceased other deceased individual, and inserting in its place the following:
"53-9-1. (a) A domiciliary of this state who has been missing from the last known place of domicile for a continuous period of four years shall be presumed to have died; provided, however, that such presumption of death may be rebutted by proof. The date of death is presumed to be the end of the four-year period unless it is proved by a preponderance of the evidence that death occurred earlier. (b) When any domiciliary of this state has been missing from the last known place of domicile for a continuous period of 12 months or more, the death of the individual may be proved by a preponderance of the evidence. (c) Notwithstanding any proof of a date of death that is earlier than the end of the four-year period set out in subsection (a) of this Code section, the missing individual shall be deemed to have predeceased any other individual who has died prior to the date any petition for letters or other action on the missing individual's estate is filed and from whom the missing individual would have taken an interest in property as an heir or beneficiary or otherwise. (d) When any domiciliary of this state has been exposed to a specific peril or tragedy resulting in probable death, the death of the individual may be proved by clear and convincing evidence at any time after such exposure."
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.
Approved May 29, 2003.

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COURTS - LAW ENFORCEMENT; FINGERPRINTS; STATE BAR APPEICANTS.
No. 72 (House Bill No. 90).
AN ACT
To amend Code Section 15-2-8 of the Official Code of Georgia Annotated, relating to the powers of the Supreme Court generally, and Code Section 35-3-33 of the Official Code of Georgia Annotated, relating to the powers and duties of the Georgia Crime Information Center, so as to clarify procedures for submission of each state bar applicant's fingerprints for criminal convictions; 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 15-2-8 of the Official Code of Georgia Annotated, relating to the powers of the Supreme Court generally, is amended by striking the Code section and inserting in lieu thereof the following:
"15-2-8. The Supreme Court has authority:
(1) To exercise appellate jurisdiction, and in no appellate case to hear facts or examine witnesses; (2) To hear and determine all cases, civil and criminal, that may come before it; to grant judgments of affirmance or reversal, or any other order, direction, or decree required therein; and, if necessary, to make a final disposition of a case in the manner prescribed elsewhere in this Code; (3) To grant any writ necessary to carry out any purpose of its organization or to compel any inferior tribunal or officers thereof to obey its order; (4) To appoint its own officers and to commission any person to execute any specific order it may make; (5) To establish, amend, and alter its own rules of practice and to regulate the admission of attorneys to the practice of law; (6) To punish for contempt by the infliction of a fine as high as $500.00 or imprisonment not exceeding ten days, or both; and (7) To exercise such other powers, not contrary to the Constitution of this state, as given to it by law. This paragraph shall not be interpreted to abrogate the inherent power of the court."
SECTION 2. Code Section 35-3-33 of the Official Code of Georgia Annotated, relating to the powers and duties of the Georgia Crime Information Center, is amended in subsection (a) by striking "and" at the end of paragraph (13), striking the period at

_____________GEORGIA LAWS 2003 SESSION___________335
the end of paragraph (14) and inserting in lieu thereof"; and", and adding a new paragraph at the end of the subsection to read as follows:
"(15) Receive and process fingerprints from the Supreme Court of Georgia Office of Bar Admissions for the purpose of determining whether or not an applicant for admission to the State Bar of Georgia has a criminal record. The processing shall include submission of fingerprints to the Georgia Bureau of Investigation and the Federal Bureau of Investigation for comparison to each of their respective files and data bases."
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 29, 2003.
CRIMES AND OFFENSES - BINGO PRIZE AMOUNTS.
No. 73 (House Bill No. 134).
AN ACT
To amend Code Section 16-12-60 of the Official Code of Georgia Annotated, relating to bingo rules and regulations, so as to change the maximum amounts which may be awarded as prizes; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Code Section 16-12-60 ofthe Official Code ofGeorgia Annotated, relating to bingo rules and regulations, is amended by striking subsection (f) and inserting in its place a new subsection (f) to read as follows:
"(f) It shall be unlawful to award prizes in excess of $1,500.00 in cash or gifts of equivalent value during any calendar day or $3,000.00 in cash or gifts of equivalent value during any calendar week. It shall be unlawful to exceed such limits at any combination of locations operated by a single licensee or such licensee's agents or employees. It shall be unlawful for two or more licensees to pyramid the valuation of prizes in such manner as to exceed the limits contained in this Code section. The term 'equivalent value' shall mean the fair market value of the gift on the date the gift is given as the prize in a bingo game."

336______GENERAL ACTS AND RESOLUTIONS, VOL. I
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.
Approved May 29, 2003.
LAW ENFORCEMENT - ARREST WARRANTS; DATA.
No. 74 (House Bill No. 140).
AN ACT
To amend Code Section 35-3-36 of the Official Code of Georgia Annotated, relating to duties of state criminal justice agencies as to submission of fingerprints, photographs, and other identifying data to the Georgia Crime Information Center, so as to limit data on outstanding warrants to certain offenses; 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 35-3-36 of the Official Code of Georgia Annotated, relating to duties of state criminal justice agencies as to submission of fingerprints, photographs, and other identifying data to the Georgia Crime Information Center, is amended by striking subsection (e) in its entirety and inserting in lieu thereof the following:
"(e) All persons in charge of law enforcement agencies shall submit to the center detailed descriptions of arrest warrants and related identifying data for all felonies and for the misdemeanors and violations designated in subparagraph (a)(l)(A) of Code Section 35-3-33 immediately upon determination of the fact that the warrant cannot be served for the reasons stated. If any such warrant is subsequently served or withdrawn, the law enforcement agency concerned must immediately notify the center of the service or withdrawal. In addition, the agency concerned must annually, no later than January 31 of each year, and at other times if requested by the center confirm to the center all such arrest warrants of this type which continue to be outstanding."
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.
Approved May 29, 2003.

_____________GEORGIA LAWS 2003 SESSION___________337
REVENUE - LIQUEFIED PETROLEUM GAS OR FUEL; HORTICULTURAL PURPOSES; SALES TAX EXEMPTION.
No. 75 (House Bill No. 148).
AN ACT
To amend Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to exemptions from state sales and use tax, so as to provide for an exemption with respect to the sale or use of liquefied petroleum gas or other fuel used for certain horticultural purposes; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to exemptions from state sales and use tax, is amended by striking "or" at the end of paragraph (74), by striking the period at the end of paragraph (75) and inserting in its place "; or", and by adding a new paragraph to read as follows:
"(76) Sales of liquefied petroleum gas or other fuel used in a structure in which plants, seedlings, nursery stock, or floral products are raised primarily for the purposes of making sales of such plants, seedlings, nursery stock, or floral products for resale."
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.
Approved May 29, 2003.
COURTS - QUESTIONS CERTIFIED BY FEDERAL COURTS.
No. 76 (House Bill No. 164).
AN ACT
To amend Code Section 15-2-9 of the Official Code of Georgia Annotated, relating to answers to questions certified by federal appellate courts to the Georgia Supreme Court, so as to provide that the Supreme Court of this state may answer any question of law certified to it from any federal appellate or district court; to provide for related matters; to provide that the effectiveness of this Act shall be conditioned upon the approval by the voters of a certain constitutional amendment; to repeal conflicting laws; and for other purposes.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Code Section 15-2-9 of the Official Code of Georgia Annotated, relating to answers to questions certified by federal appellate courts to the Georgia Supreme Court, is amended by striking said Code section in its entirety and inserting in lieu thereof the following:
"15-2-9. (a) The Supreme Court of this state, by rule of court, may provide that when it shall appear to the Supreme Court of the United States, to any circuit court of appeals or district court of the United States, or to the Court of Appeals or the District Court of the District of Columbia that there are involved in any proceeding before it questions of the laws of this state which are determinative of the case and there are no clear controlling precedents in the decisions of the Supreme Court of this state, such federal court may certify the questions of the laws of this state to the Supreme Court of this state for answers to the questions of state law, which certificate the Supreme Court of this state may answer by written opinion. (b) The Court of Appeals shall not have jurisdiction to consider any question certified under this Code section by transfer or otherwise."
SECTION 2. This Act shall become effective only if there is ratified at the 2004 general election a constitutional amendment to amend Article VI, Section VI, Paragraph IV to grant the Supreme Court of Georgia jurisdiction to answer questions of law from any federal district or appellate court. If such amendment is so ratified, this Act shall become effective January 1, 2005.
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.
Approved May 29, 2003.
CRIMES - PUBLIC TRANSIT SYSTEMS; BOTTLED WATER.
No. 77 (House Bill No. 175).
AN ACT
To amend Code Section 16-12-120, relating to certain acts in public transit buses, rapid rail cars, or stations and penalty, so as to provide that a person may consume and possess bottled water in a public transit bus, rapid rail car, or rapid rail station;

_____________GEORGIA LAWS 2003 SESSION___________339
to provide for exceptions; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Code Section 16-12-120, relating to certain acts in public transit buses, rapid rail cars, or stations and penalty, is amended by striking paragraph (4) of subsection (a) and inserting in its place the following:
"(4) Consumes food or beverage or possesses any open food or beverage container, provided that this paragraph shall not apply to resealable bottled water beverages in resealable plastic containers, to an operator of a public transit bus at an authorized layover point, or to a person providing food or beverage to any child under age five; provided, however, that nothing in this paragraph shall preclude a public transit system operated or funded by a county, municipality, or consolidated government from prohibiting the consumption of any beverage in a public transit bus;"
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.
Approved May 29, 2003.
COMMERCE AND TRADE - PAYMENT CARD TRANSACTIONS; RECEIPTS.
No. 78 (House Bill No. 213).
AN ACT
To amend Chapter 15 of Title 10 of the Official Code of Georgia Annotated, relating to business administration, so as to change certain definitions; to provide for restrictions on information which may be printed on receipts for certain payment card transactions; to clarify the administrator's duties and powers and procedure related to enforcement of this chapter; to provide for civil and criminal penalties; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Chapter 15 of Title 10 of the Official Code of Georgia Annotated, relating to business administration, is amended in Code Section 10-15-1, relating to definitions, by striking the Code section and inserting in lieu thereof the following:

340______GENERAL ACTS AND RESOLUTIONS, VOL. I_________
"10-15-1.
As used in this chapter, the term: (1) 'Administrator' means the administrator of the 'Fair Business Practices Act of 1975' appointed pursuant to subsection (a) of Code Section 10-1-395, or the administrator's designee. (2) 'Business' means a sole proprietorship, partnership, corporation, association, or other group, however organized and whether or not organized to operate at a profit. The term includes a financial institution organized, chartered, or holding a license or authorization certificate under the laws of this state, any other state, the United States, or any other country, or the parent or the subsidiary of any such financial institution. The term also includes an entity that destroys records. However, for purposes of this chapter, the term shall not include any bank or financial institution that is subject to the privacy and security provisions of the Gramm-Leach-Bliley Act, 15 U.S.C. 6801, et seq., as amended, and as it existed on January 31,2002, nor shall it include any hospital or health care institution licensed under Title 31 which is subject to the privacy and security provisions of the federal Health Insurance Portability and Accountability Act of 1996, P.L. 104-191, nor any other entity which is governed by federal law, provided that the federal law governing the business requires the business to discard a record containing personal information in the same manner as Code Section 10-15-2. (3) 'Cardholder' means any person or organization named on the face of a payment card to whom or for whose benefit the payment card is issued. (4) 'Customer' means an individual who provides personal information to a business for the purpose of purchasing or leasing a product or obtaining a service from the business. (5) 'Discard' means to throw away, get rid of, or eliminate. (6) 'Dispose' means the sale or transfer of a record for value to a company or business engaged in the business of record destruction. (7) 'Merchant' means any person or governmental entity which receives from a cardholder a payment card or information from a payment card as the instrument for obtaining, purchasing, or receiving goods, services, money, or anything else of value from a person or governmental entity. (8) 'Payment card' means a credit card, charge card, debit card, or any other card that is issued to a cardholder and that allows the cardholder to obtain, purchase, or receive goods, services, money, or anything else of value from a merchant. (9) 'Personal information' means: (A) Personally identifiable data about a customer's medical condition, if the data are not generally considered to be public knowledge; (B) Personally identifiable data which contain a customer's account or identification number, account balance, balance owing, credit balance, or credit limit, if the data relate to a customer's account or transaction with a business; (C) Personally identifiable data provided by a customer to a business upon opening an account or applying for a loan or credit; or

_____________GEORGIA LAWS 2003 SESSION___________341
(D) Personally identifiable data about a customer's federal, state, or local income tax return. (10)(A) 'Personally identifiable' means capable of being associated with a particular customer through one or more identifiers, including, but not limited to, a customer's fingerprint, photograph, or computerized image, social security number, passport number, driver identification number, personal identification card number, date of birth, medical information, or disability information. (B) A customer's name, address, and telephone number shall not be considered personally identifiable data unless one or more of them are used in conjunction with one or more of the identifiers listed in subparagraph (A) of this paragraph. (11) 'Record' means any material on which written, drawn, printed, spoken, visual, or electromagnetic information is recorded or preserved, regardless of physical form or characteristics. (12) 'Reencoder' means an electronic device that places encoded information from the magnetic strip or stripe of a payment card onto the magnetic strip or stripe of a different payment card. (13) 'Scanning device' means a scanner, reader, or any other electronic device that is used to access, read, scan, obtain, memorize, or store, temporarily or permanently, information encoded on the magnetic strip or stripe of a payment card."
SECTION 2. Said chapter is further amended by striking Code Sections 10-15-3 and 10-15-4, relating to the penalty for violation of Code Section 10-15-2, and inserting in lieu thereof the following:
"10-15-3.
(a) A merchant who accepts a payment card for the transaction of business shall not print more than five digits of the payment card's account number or print the payment card's expiration date on a receipt provided to the cardholder. This subsection applies only to receipts described in subsection (b) of this Code section and does not apply to a transaction in which the sole means of recording the payment card's account number or expiration date is by handwriting or by an imprint or copy of the payment card.
(b)(l) Effective July 1, 2004, subsection (a) of this Code section applies to receipts that are electronically transferred by a payment card processor and printed using a cash register or other machine or device that is first used on or after July 1,2004. (2) Effective July 1, 2006, subsection (a) of this Code section applies to all receipts that are electronically transferred by a payment card processor and printed, including those printed using a cash register or other machine or device that is first used before July 1, 2004.

342______GENERAL ACTS AND RESOLUTIONS, VOL. I________
10-15-4.
(a) No person shall use a scanning device to access, read, obtain, memorize, or store, temporarily or permanently, information encoded on the magnetic strip or stripe of a payment card with the intent to defraud the authorized user, the issuer of the authorized user's payment card, or a merchant. (b) No person shall use a reencoder to place information encoded on the magnetic strip or stripe of a payment card onto the magnetic strip or stripe of a different card with the intent to defraud the authorized user, the issuer of the authorized user's payment card, or a merchant.
10-15-5.
(a) The administrator shall be authorized to enforce the provisions of this chapter. (b) The administrator shall have the authority to investigate alleged violations of this chapter, including all investigative powers available under the 'Fair Business Practices Act of 1975,' Code Section 10-1-390, et seq., including, but not limited to, the power to issue investigative demands and subpoenas as provided in Code Sections 10-1 -403 and 10-1 -404. (c) Nothing contained in this Code section precludes law enforcement or prosecutorial agencies from investigating violations of Code Section 10-15-4.
10-15-6.
(a) If the administrator determines, after notice and hearing, that a business has violated Code Section 10-15-2, the administrator may issue an administrative order imposing a penalty of not more than $500.00 for each customer's record that contains personal information that is wrongfully disposed of or discarded; provided, however, in no event shall the total fine levied by the administrator exceed $10,000.00. It shall be an affirmative defense to the wrongful disposing of or discarding of a customer's record that contains personal information if the business can show that it used due diligence in its attempt to properly dispose of or discard such records. (b) If the administrator determines, after notice and hearing, that a business has violated Code Section 10-15-3, the administrator may issue an administrative order imposing a penalty of not more than $250.00 for the first violation of Code Section 10-15-3, and a penalty of $1,000.00 for a second or subsequent violation of Code Section 10-15-3. (c) The hearing and any administrative review in connection with alleged violations of Code Section 10-15-2 or 10-15-3 shall be conducted in accordance with the procedure for contested cases pursuant to the 'Georgia Administrative Procedures Act,' Code Section 50-13-1 et seq. Any person who has exhausted all administrative remedies available and who is aggrieved or adversely affected by a final order or action of the administrator shall have the right of judicial review in accordance with the 'Georgia Administrative Procedures Act.' (d) The administrator may file in the superior court of the county in which the person under an order resides, or if the person is a corporation, in the superior court of the county in which the corporation under an order maintains its

_____________GEORGIA LAWS 2003 SESSION___________343
principal place of business, a certified copy of or the final order of the administrator, whether or not the order was appealed. Thereafter the court shall render a judgment in accordance with the order and notify the parties. The judgment shall have the same effect as a judgment rendered by the court.
10-15-7. (a) A violation of Code Section 10-15-4 shall be punishable by imprisonment for not less than one nor more than three years or a fine not to exceed $10,000.00, or both. Any person who commits a violation for the second or any subsequent offense shall be punished by imprisonment for not less than three nor more than ten years or a fine not to exceed $50,000.00, or both. (b) Any person found guilty of a violation of this chapter may be ordered by the court to make restitution to any consumer victim or any business victim of the fraud. (c) Each violation of this chapter shall constitute a separate offense. (d) The Attorney General and prosecuting attorneys shall have the authority to conduct the prosecution for a violation of Code Section 10-15-4. (e) Upon a violation of this chapter, the court may issue any order necessary to correct a public record that contains false information resulting from the actions which resulted in the violation."
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.
Approved May 29, 2003.
INSURANCE - CREDIT AND CREDIT SCORING INFORMATION.
No. 79 (House Bill No. 215).
AN ACT
To amend Chapter 24 of Title 33 of the Official Code of Georgia Annotated, relating to insurance generally, so as to provide definitions; to provide for the use of credit and credit scoring information in underwriting or rating risks by insurance companies; to provide limitations on the use of such information; to provide for dispute resolution and error correction; to provide for notifications; to require certain filings by insurers using credit and credit scoring information; to provide for indemnification; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBEY OF GEORGIA:

344______GENERAL ACTS AND RESOLUTIONS, VOL. I_________
SECTION 1. Chapter 24 of Title 33 of the Official Code of Georgia Annotated, relating to insurance generally, is amended by adding a new Article 4 to read as follows:
"ARTICLE 4 33-24-90. As used in this article, the term:
(1) 'Adverse action' shall mean a denial or cancellation of, an increase in any charge for, or a reduction or other adverse or unfavorable change in the terms of coverage or amount of any insurance, existing or applied for, in connection with the underwriting of personal insurance. (2) 'Affiliate' shall mean any company that controls, is controlled by, or is under common control with another company. (3) 'Applicant' shall mean an individual who has applied to be covered by a personal insurance policy with an insurer. (4) 'Consumer' shall mean an insured whose credit information is used or whose insurance score is calculated in the underwriting or rating of a personal insurance policy or an applicant for such a policy. (5) 'Consumer reporting agency' shall mean any person that, for monetary fees, dues, or on a cooperative nonprofit basis, regularly engages in whole or in part in the practice of assembling or evaluating consumer credit information or other information on consumers for the purpose of furnishing consumer reports to third parties. (6) 'Credit information' shall mean any credit related information derived from a credit report or found on a credit report utilized by an insurer or used by an insurer to calculate an insurance score for personal insurance. Information that is not credit related shall not be considered credit information, regardless of whether it is contained in a credit report or in an application, or is used to calculate an insurance score. (7) 'Credit report' shall mean any written, oral, or other communication of information by a consumer reporting agency bearing on a consumer's credit worthiness, credit standing, or credit capacity which is used or expected to be used or collected in whole or in part for the purpose of serving as a factor to determine personal insurance premiums, eligibility for coverage, or tier placement. (8) 'Insurance score' shall mean a number or rating that is derived from an algorithm, computer application, model, or other process that is based in whole or in part on credit information for the purposes of predicting the future insurance loss exposure of an individual applicant or insured. (9) 'Personal insurance' shall mean private passenger automobile, homeowners, motorcycle, mobile homeowners, and noncommercial dwelling fire insurance policies and boat, personal watercraft, snowmobile, and recreational vehicle policies. Such policies must be individually underwritten for personal, family, or household use. No other type of insurance shall be included as personal insurance for the purpose of this article.

____________GEORGIA LAWS 2003 SESSION___________345
33-24-91. An insurer authorized to do business in this state that uses credit information to underwrite or rate risks, shall not:
(1) Use an insurance score that is calculated using income, gender, race, address, zip code, ethnic group, religion, marital status, or nationality of the consumer as a factor; (2) Deny, cancel, or nonrenew a policy of personal insurance solely on the basis of credit information, without consideration of any other applicable underwriting factor independent of credit information and not expressly prohibited by paragraph (1) of this Code section; (3) Base an insured's renewal rates for personal insurance solely upon credit information, without consideration of any other applicable factor independent of credit information; (4) Take an adverse action against a consumer solely because he or she does not have a credit card account, without consideration of any other applicable factor independent of credit information; (5) Consider an absence of credit information or an inability to calculate an insurance score in underwriting or rating personal insurance, unless the insurer does one of the following:
(A) Treat the consumer as otherwise approved by the Commissioner of Insurance, if the insurer presents information that such an absence or inability relates to the risk for the insurer; (B) Treat the consumer as if the applicant or insured had neutral credit information, as defined by the insurer; or (C) Exclude the use of credit information as a factor and use only other underwriting criteria; (6) Take an adverse action against a consumer based on credit information unless an insurer obtains and uses a credit report issued or an insurance score calculated within 180 days from the date the policy is first written or renewal is issued; (7) Use credit information unless not later than every 36 months following the last time that the insurer obtained current credit information for the insured, the insurer recalculates the insurance score or obtains an updated credit report. Regardless of the requirements of this paragraph: (A) At annual renewal, upon the request of a consumer, the insurer shall reunderwrite and rerate the policy based upon a current credit report or insurance score. An insurer need not recalculate the insurance score or obtain the updated credit report of a consumer more frequently than once in a twelve-month period. Prior to a consumer exercising his or her option for the insurer to reunderwrite or rerate the policy, the insurer shall notify the consumer orally or in writing that the reunderwriting or rerating ofthe policy may result in a higher rate, a lower rate, or other possible consequences, including nonrenewal or termination of the policy, or could produce no change for the consumer;

346______GENERAL ACTS AND RESOLUTIONS, VOL. 1________
(B) The insurer shall have the discretion to obtain current credit information upon any renewal before the 36 months, if consistent with its underwriting guidelines; and (C) No insurer need obtain current credit information for an insured, despite the requirements of subparagraph (A) of paragraph (7) of this Code section, if one of the following applies:
(i) The insurer is treating the consumer as otherwise approved by the Commissioner; (ii) The insured is in the most favorably priced tier of the insurer, within a group of affiliated insurers; however, the insurer shall have the discretion to order such report, if consistent with its underwriting guidelines; (iii) Credit information was not used for underwriting or rating such insured when the policy was initially written; however, the insurer shall have the discretion to use credit for underwriting or rating such insured upon renewal, if consistent with its underwriting guidelines; or (iv) The insurer reevaluates the insured beginning no later than 36 months after inception and thereafter based upon other underwriting or rating factors, excluding credit information; or (8) Use the following as a negative factor in any insurance scoring methodology or in reviewing credit information for the purpose of underwriting or rating a policy of personal insurance: (A) Credit inquiries not initiated by the consumer or inquiries requested by the consumer for his or her own credit information; (B) Inquiries relating to insurance coverage, if so identified on a consumer's credit report; (C) Collection accounts with a medical industry code, if so identified on the consumer's credit report; (D) Multiple lender inquiries, if coded by the consumer reporting agency on the consumer's credit report as being from the home mortgage industry and made within 30 days of one another, unless only one inquiry is considered; or (E) Multiple lender inquiries, if coded by the consumer reporting agency on the consumer's credit report as being from the automobile lending industry and made within 30 days of one another, unless only one inquiry is considered.
33-24-92. If an item or items contained in the credit information for an applicant or insured are in dispute pursuant to the dispute resolution process set forth in the federal Fair Credit Reporting Act, 15 USC 1681i, the insurer, during the 45 day period following the date on which the item was placed in dispute pursuant to such dispute resolution process, shall either not use such disputed item or items in making its underwriting or rating determination for such applicant or insured or shall treat the credit information as neutral with respect to the item or items in dispute.

____________GEORGIA LAWS 2003 SESSION_________347
33-24-93. (a) If an insurer writing personal insurance uses credit information in underwriting or rating a consumer, the insurer or its agent shall disclose, either on the insurance application or at the time the insurance application is taken, that it may obtain credit information in connection with such application. Such disclosure shall be either written or provided to an applicant in the same medium as the application for insurance. The insurer need not provide the disclosure statement required under this Code section to any insured on a renewal policy, if such consumer has previously been provided a disclosure statement. (b) The disclosure required by this Code section shall be in substantially the following form: 'In connection with this application for insurance, we may review your credit report or obtain or use a credit based insurance score based on the information contained in that credit report. We may use a third party in connection with the development of your insurance score.'
33-24-94. If an insurer takes an adverse action based upon credit information, the insurer must meet the notice requirements of this Code section. Such insurer shall provide notification to the consumer that an adverse action has been taken, in accordance with the requirements of the federal Fair Credit Reporting Act, 15 USC 1681m(a), and shall provide notification to the consumer explaining the reason or reasons for the adverse action. The reasons must be provided in sufficiently clear and specific language so that a person can identify the basis for the insurer's decision to take an adverse action. Such notification shall include a description of up to four factors that were the primary influences of the adverse action. The use of generalized terms such as 'poor credit history,' 'poor credit rating,' or 'poor insurance score' does not meet the explanation requirements of this Code section. Standardized credit explanations provided by consumer reporting agencies or other third party vendors are deemed to comply with this Code section.
33-24-95. (a) Insurers that use insurance scores to underwrite and rate risks must file their scoring models or other scoring processes with the Commissioner of Insurance. A third party may file scoring models on behalf of insurers licensed to do business in this state, provided that such third parties are on an approved list maintained by the Commissioner. A filing that includes insurance scoring may include loss experience justifying the use of credit information. (b) Any filing relating to credit information is considered to be a trade secret and proprietary information of the entity filing the information. Such information shall not be subject to public disclosure and shall be exempt from disclosure under the provisions of Article 4 of Chapter 18 of Title 50 of the Official Code of Georgia Annotated.

348______GENERAL ACTS AND RESOLUTIONS, VOL. I______
33-24-96. An insurer shall indemnify, defend, and hold agents harmless from and against all liability, fees, and costs arising out of or relating to the actions, errors, or omissions of an agent or a producer who obtains or uses credit information or insurance scores for an insurer, provided the agent or producer follows the instructions and procedures established by the insurer and complies with any applicable law or regulation. Nothing in this section shall be construed to provide a consumer or other insured with a cause of action that does not exist in the absence of this section.
33-24-97. (a) No consumer reporting agency shall provide or sell data or lists that include any information that in whole or in part was submitted in conjunction with an insurance inquiry about a consumer's credit information or a request for a credit report or insurance score. Such information includes, but is not limited to, the expiration dates of an insurance policy or any other information that may identify time periods during which a consumer's insurance may expire and the terms and conditions of the consumer's insurance coverage. (b) The restrictions provided in subsection (a) of this Code section do not apply to data or lists the consumer reporting agency supplies to the insurance agent or producer from whom information was received, the insurer on whose behalf such agent or producer acted, or such insurer's affiliates or holding companies. (c) Nothing in this Code section shall be construed to restrict any insurer from being able to obtain a claims history report or a motor vehicle report.
33-24-98. Notwithstanding any provision of law to the contrary, insurers shall be allowed to use insurance scores in rating and underwriting subject to the provisions of this article."
SECTION 2. This Act shall become effective on July 1, 2003, and shall apply to all personal insurance policies issued or renewed on or after that date.
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.
Approved May 30, 2003.

_____________GEORGIA LAWS 2003 SESSION___________349
CRIMES - CONTROLLED SUBSTANCES AND DANGEROUS DRUGS; EXEMPTIONS; ELECTRONIC PRESCRIPTIONS.
No. 80 (House Bill No. 261).
AN ACT
To amend Chapter 13 of Title 16 of the Official Code of Georgia Annotated, relating to controlled substances, so as to change the listings of controlled substances and dangerous drugs; to provide for exempt over-the-counter controlled substances; to require certain information to be included on certain prescription drug orders; to permit prescription drug orders to be transmitted by electronic means; 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 13 of Title 16 of the Official Code of Georgia Annotated, relating to controlled substances, is amended by adding to Code Section 16-13-21, relating to definitions, new paragraphs (6.1), (6.2), and (12.5) to read as follows:
"(6.1) 'Dangerous drug' means any drug, other than a controlled substance, which cannot be dispensed except upon the issuance of a prescription drug order by a practitioner authorized under this chapter. (6.2) 'DEA' means the United States Drug Enforcement Administration." "(12.05) 'PDA' means the United States Food and Drug Administration."
SECTION 2. Said chapter is further amended by striking paragraphs (5) and (6) of Code Section 16-13-25, relating to Schedule I controlled substances, and inserting in lieu thereof the following:
"(5) Any material, compound, mixture, or preparation which contains any quantity of the following substances, their salts, isomers (whether optical, position, or geometries), and salts of isomers, unless specifically excepted, whenever the existence of these substances, their salts, isomers, and salts of isomers is possible within the specific chemical designation:
(A) Gamma hydroxybutyric acid (gamma hydroxy butyrate); provided, however, that this does not include any amount naturally and normally occurring in the human body; and (B) Sodium oxybate, when the PDA approved form of this drug is not:
(i) In a container labeled in compliance with subsection (a) or (b) of Code Section 26-3-8; and (ii) In the possession of:
(I) A registrant permitted to dispense the drug; (II) Any person other than to whom the drug was prescribed; or

350______GENERAL ACTS AND RESOLUTIONS, VOL. I_________
(III) Any person who attempts to or does unlawfully possess, sell, distribute, or give this drug to any other person; (6) Notwithstanding the fact that Schedule I substances have no currently accepted medical use, the General Assembly recognizes certain of these substances which are currently accepted for certain limited medical uses in treatment in the United States but have a high potential for abuse. Accordingly, unless specifically excepted or unless listed in another schedule, any material, compound, mixture, or preparation which contains any quantity of methaqualone, including its salts, isomers, optical isomers, salts of their isomers, and salts of these optical isomers, is included in Schedule I; (7) 2,5-Dimethoxy-4-(n)-propylthiophenethylamine (2C-T-7); (8) l-(3-Trifluromethylphenyl) Piperazine (TFMPP); (9) N-Benzylpiperazine (BZP)."
SECTION 3. Said chapter is further amended by striking paragraph (8) of Code Section 16-13-27, relating to Schedule III controlled substances, and inserting in its place the following:
"(8) Dronabinol (synthetic) in sesame oil and encapsulated in a U.S. Food and Drug Administration approved drug product also known as Marinol; (9) Sodium oxybate, when the PDA approved form of this drug is in a container labeled in compliance with subsection (a) or (b) of Code Section 26-3-8, in the possession of a registrant permitted to dispense the drug, or in the possession of a person to whom it has been lawfully prescribed; (10) Buprenorphine."
SECTION 4. Said chapter is further amended by striking paragraph (9), designating said paragraph as reserved, and by adding a new paragraph (30.05) to subsection (a) of Code Section 16-13-28, relating to Schedule IV controlled substances, to read as follows:
"(9) Reserved;" "(30.05) Propoxyphene (including all salts and optical isomers);".
SECTION 5. Said chapter is further amended by striking paragraph (2) from Code Section 16-13-29, relating to Schedule V controlled substances, and inserting in its place the following:
"(2) Reserved."
SECTION 6. Said chapter is further amended by adding a new Code Section 16-13-29.2 to read as follows:
"16-13-29.2. The Georgia State Board of Pharmacy shall have the authority to exempt and control the sale of Schedule V controlled substances by rule which shall allow the

_____________GEORGIA LAWS 2003 SESSION___________351
sale of such substances without the need for issuance of a prescription from a medical practitioner and shall require such substances to be sold only in a pharmacy when such substances are sold without a prescription. Such substances shall be known as Exempt Over-the-Counter (OTC) Schedule V Controlled Substances."
SECTION 7. Said chapter is further amended by striking subsection (b) and paragraph (2) of subsection (d) of Code Section 16-13-41, relating to prescriptions, and inserting in their respective places the following:
"(b) When a practitioner writes a prescription drug order to cause the dispensing of a Schedule II substance, he or she shall include the name and address of the person for whom it is prescribed, the kind and quantity of such Schedule II controlled substance, the directions for taking, the signature, and the name, address, telephone number, and DEA registration number of the prescribing practitioner. Such prescriptions shall be signed and dated by the practitioner on the date when issued, and the nature of such signatures shall be defined in regulations promulgated by the State Board of Pharmacy. Prescription drug orders for Schedule II controlled substances may be transmitted via facsimile machine or other electronic means only in accordance with regulations promulgated by the State Board of Pharmacy in accordance with Code Section 26-4-80 or 26-4-80.1, or in accordance with DEA regulations at 21 C.F.R. 1306."
"(2) When a practitioner writes a prescription drug order to cause the dispensing of a Schedule III, IV, or V controlled substance, he or she shall include the name and address of the person for whom it is prescribed, the kind and quantity of such controlled substance, the directions for taking, the signature, and the name, address, telephone number, and DEA registration number of the practitioner. Such prescriptions shall be signed and dated or may be issued orally by the practitioner on the date when issued, and the nature of the signature of the prescriber shall meet the guidelines set forth in Chapter 4 of Title 26, the regulations promulgated by the State Board of Pharmacy, or both such guidelines and regulations."
SECTION 8. Said chapter is further amended by striking from subsection (b) of Code Section 16-13-71, relating to the list of dangerous drugs, the following paragraphs:
"(119.05) Butenafme;" "(349.7) Reserved;" "(529.9) Loratadine;" "(623.5) Mometazone;" "(752.2) Poractant Alpha;" "(1002) Triprolidine;".

GENERAL ACTS AND RESOLUTIONS, VOL. I
SECTION 9. Said chapter is further amended by adding in the appropriate positions in subsection (b) of Code Section 16-13-71, relating to the list of dangerous drugs, the following paragraphs:
"(22.2) Almotriptan;" "(50.4) Anakinra;" "(68.15) Atomoxetine;" "(98.2) Bimatoprost;" "(102.5) Bivalirudin;" "(105.5) Bosentan;" "(105.7) Botulinum toxin (B);" "(119.05) Butenafine See exceptions;" "(146.6) Caspofungin;" "(151.45) Cefditoren;" "(240.5) Darbepoetin alfa;" "(251.5) Desloratadine;" "(293.5) Dimyristoyl;" "(325.3) Drospirenone;" "(325.4) Drotrecogin alfa;" "(325.5) Dutasteride;" "(346.5) Ertapenem;" "(349.7) Esomeprazole;" "(404.7) Fondaparinux;" "(406.2) Formoterol;" "(406.95) Frovatriptan;" "(408.9) Galantamine;" "(464.8) Imatinib;" "(474.2) Insulin aspart;" "(513.8) Letrozole;" "(529.9) Loratadine See exceptions;" "(623.5) Mometasone;" "(625.3) Moxidectin;" "(640.2) Nesiritide;" "(644.8) Nitisinone;" "(703.45) Perflexane;" "(703.65) Perflutren;" "(732.9) Pimecrolimus;" "(752.2) Poractant alfa;" "(930.9) Tadalafil;" "(931.55) Tegaserod;" "(931.85) Tenofovir;" "(932.3) Teriparatide;" "(974.4) Travoprost;" "(974.7) Treprostinil;" "(1002) Triprolidine See exceptions;" "(1021.8) Valdecoxib;"

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"(1022.2) Valganciclovir;" "(1037.5) Voriconazole;" "(1042.75) Ziprasidone;" "(1042.8) Zoledronic Acid;".
SECTION 10. Said chapter is further amended by striking from subsection (c) of Code Section 16-13-71, relating to the list of dangerous drugs, the following paragraphs:
"(12) Insulin, All;" "(14.1) Miconazole when used as antifungal powder, cream, or both, and containing not more than 4 percent of miconazole nitrate, and when used as a vaginal insert of up to 200 mg. in strength;".
SECTION 11. Said chapter is further amended by adding in the appropriate positions in subsection (c) of Code Section 16-13-71, relating to the list of dangerous drugs, the following paragraphs:
"(6.2) Butenafine when used with a strength of 1 percent or less as a topical preparation;" "(12) Insulin all injectable products which do not require a prescription drug order and bear a label which indicates 'Rx Use Only' or are otherwise listed under subsection (b) of this Code section; and no injectable insulin product may be sold except by a pharmacy issued a permit by the State Board of Pharmacy or by a medical practitioner authorized to dispense medications;" "(13.7) Loratadine when used in a single dose of 10 mg. or less, including doses used in combination with other drugs provided for under this subsection;" "(14.1) Miconazole when used as antifungal powder or cream, or both, and containing not more than 4 percent of miconazole, or when used as a vaginal insert and containing not more than 1,200 mg. of miconazole;" "(28.5) Triprolidine when a single dose is 5 mg. or less when combined in the same preparation as one or more other drug products for use as an antihistamine or decongestant or an antihistimine and decongestant;".
SECTION 12. Said chapter is further amended by striking subsection (a) of Code Section 16-13-74, relating to written prescriptions for dangerous drugs, content, and signature, and inserting in its place the following:
"(a) All written prescription drug orders for dangerous drugs shall be dated as of, and be signed on, the date when issued and shall bear the name and address of the patient, together with the name and strength of the drug, the quantity to be dispensed, complete directions for administration, the printed name, address, and telephone number of the practitioner, and the number of permitted refills. A prescription drug order for a dangerous drug is not required to bear the DEA permit number of the prescribing practitioner. A prescription drug order for a dangerous drug may be prepared by the practitioner or the practitioner's agent. The practitioner's signature must appear on each prescription prepared by the

354______GENERAL ACTS AND RESOLUTIONS, VOL. I_________
practitioner or the practitioner's agent and the nature of the practitioner's signature must meet the guidelines set forth in Chapter 4 of Title 26, the regulations promulgated by the State Board of Pharmacy, or both such guidelines and regulations. Any practitioner who shall dispense dangerous drugs shall comply with the provisions of Code Section 16-13-73."
SECTION 13. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 14. All laws and parts of laws in conflict with this Act are repealed.
Approved May 29, 2003.
STATE GOVERNMENT - UNIVERSAL SERVICE FUND.
No. 81 (House Bill No. 456).
AN ACT
To amend Part 3 of Article 5 of Chapter 5 of Title 50 of the Official Code of Georgia Annotated, the "Georgia Distance Learning and Telemedicine Act of 1992," so as to change provisions relating to the use of funds available in the Universal Service Fund; to provide that for a certain period of time such funds may be used for any lawful purpose that promotes or supports enterprise information technology needs; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Part 3 of Article 5 of Chapter 5 of Title 50 of the Official Code of Georgia Annotated, the "Georgia Distance Learning and Telemedicine Act of 1992," is amended by striking Code Section 50-5-200, relating to the use of funds in Universal Service Fund not used for qualifying hardship assistance filings, and inserting in lieu thereof a new Code Section 50-5-200 as follows:
"50-5-200. (a) Except as further provided in subsections (b) and (c) of this Code section, all funds remaining in the Universal Service Fund as of March 20, 1992, which are not used for qualifying hardship assistance filings shall be used solely for the purpose of funding awards by the governing board and the other distance learning and telemedicine purposes provided under this part. Qualifying hardship assistance filings are those hardship assistance filings approved by the Public

_____________GEORGIA LAWS 2003 SESSION___________355
Service Commission pursuant to Public Service Commission Docket No. 3921 -U before March 20, 1992, which result in payments to the successful applicant for a period not to exceed two years from the date of filing. (b) For a period of three years after March 20, 1992, an amount not to exceed $23 million may be used from the Universal Service Fund for the purpose of offsetting transitional expenses and costs associated with the 16 mile calling radius as permitted under subsection (g) of Code Section 46-2-25.2. The Georgia Technology Authority, as sole administrator of the Universal Service Fund, is authorized to make disbursements from the Universal Service Fund for such purposes upon proper certification of same by the Public Service Commission. Any portion of the $23 million not so disbursed by the Georgia Technology Authority for said purposes within three years after March 20, 1992, shall become available solely for the purpose of funding awards by the governing board and the other distance learning and telemedicine purposes provided for in this part. (c) For a period of three years after July 1,2003, funds available in the Universal Service Fund may be used for any lawful purpose that promotes or supports enterprise information technology needs, including purposes unrelated to the creation, operation, administration, or maintenance of a distance learning and telemedicine network. The governing board shall have the power and authority to authorize the sole administrator of the Universal Service Fund to make withdrawals and expenditures for such purposes. Any funds not disbursed within three years after July 1, 2003, shall become available solely for the purpose of funding awards by the governing board and other distance learning and telemedicine purposes provided for in this part."
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.
Approved May 29, 2003.
REVENUE AND TAXATION - REFUNDS; CLASS ACTIONS; PREPAID TAXES; MOTOR FUEES.
No. 82 (House Bill No. 504).
AN ACT
To amend Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, so as to revise provisions relating to Georgia taxes; to provide that a claim for refund may not be submitted by a taxpayer on behalf of a class of other taxpayers alleged to be similarly situated; to provide that an action for refund may not be brought by a taxpayer on behalf of such a class; to change certain provisions regarding definitions; to change certain provisions regarding dealers' sales and use

356______GENERAL ACTS AND RESOLUTIONS, VOL. I_________
tax returns; to change certain provisions regarding compensation of dealers; to provide for prepayments of certain taxes with respect to motor fuels; to provide for procedures, conditions, and limitations; to change certain provisions regarding penalties; to change certain provisions regarding taxation of motor fuel; to change certain provisions regarding sales and use tax exemptions regarding motor fuel; to repeal certain provisions regarding the second motor fuel tax; to provide for effective dates; to provide for applicability; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, is amended in Code Section 48-2-35, relating to refunds of taxes and fees that are erroneously or illegally assessed and collected by the state revenue commissioner, by striking paragraph (1) of subsection (b) and inserting in its place a new paragraph (1) to read as follows:
"(b)(l) A claim for refund of a tax or fee erroneously or illegally assessed and collected may be made by the taxpayer at any time within three years after the date of the payment of the tax or fee to the commissioner. Each claim shall be filed in writing in the form and containing such information as the commissioner may reasonably require and shall include a summary statement of the grounds upon which the taxpayer relies. Should any person be prevented from filing such an application because of his own or his counsel's service in the armed forces during such period, the period of limitation shall date from his or his counsel's discharge from the service. A claim for refund may not be submitted by the taxpayer on behalf of a class consisting of other taxpayers who are alleged to be similarly situated."
SECTION 2. Said title is further amended in Code Section 48-2-35, relating to refunds of taxes and fees that are erroneously or illegally assessed and collected by the state revenue commissioner, in subsection (b) by redesignating paragraph (5) as paragraph (6) and inserting a new paragraph (5) to read as follows:
"(5) An action for a refund pursuant to paragraph (4) of this subsection may not be brought by the taxpayer on behalf of a class consisting of other taxpayers who are alleged to be similarly situated."
SECTION 3. Said title is further amended in Code Section 48-8-2, relating to definitions, by adding a new paragraph immediately following paragraph (5), to be designated paragraph (5.1), to read as follows:
"(5.1) 'Prepaid state tax' means the tax levied under Code Section 48-8-30 in conjunction with Code Section 48-8-3.1 and Code Section 48-9-14. This shall not apply to any local sales and use tax which is levied on the sale or use of motor fuel and imposed in an area consisting of less than the entire state,

_____________GEORGIA LAWS 2003 SESSION___________357
however authorized, including, but not limited to, such taxes authorized by or pursuant to constitutional amendment; by or pursuant to Section 25 of an Act approved March 10, 1965 (Ga. L. 1965, p. 2243), as amended, known as the 'Metropolitan Atlanta Rapid Transit Authority Act of 1965'; by or pursuant to Article 2 of this chapter; by or pursuant to Article 2A of this chapter; or by or pursuant to Article 3 of this chapter."
SECTION 4. Said title is further amended by striking subsection (b) of Code Section 48-8-49, relating to dealers' sales and use tax returns, and inserting in its place a new subsection (b) to read as follows:
"(b)(l) As used in this subsection, the term 'estimated tax liability1 means a dealer's tax liability, adjusted to account for any subsequent change in the state sales and use tax rate, based on the dealer's average monthly payments for the last fiscal year. (2) If the estimated tax liability of a dealer for any taxable period exceeds $2,500.00, the dealer shall file a return and remit to the commissioner not less than 50 percent of the estimated tax liability for the taxable period on or before the twentieth day of the period. The amount of the payment of the estimated tax liability shall be credited against the amount to be due on the return required under subsection (a) of this Code section. This subsection shall not apply to any dealer unless during the previous fiscal year the dealer's monthly payments exceeded $2,500.00 per month for three consecutive months or more nor shall this subsection apply to any dealer whose primary business is the sale of motor fuels who is remitting prepaid state tax under paragraph (2) of subsection (b) of Code Section 48-9-14. No local sales taxes shall be included in determining any estimated tax liability."
SECTION 5. Said title is further amended by striking paragraph (3) of subsection (b) of Code Section 48-8-50, relating to compensation of dealers, and inserting in its place a new paragraph (3) to read as follows:
"(3) With respect to each certificate of registration number on such return, a deduction of 3 percent of the combined total amount due of all sales and use taxes on motor fuel as defined under paragraph (9) of Code Section 48-9-2, which are imposed under any provision of this title, including, but not limited to, sales and use taxes on motor fuel imposed under any of the provisions described in subsection (f) of Code section but not including Code Section 48-9-14."
SECTION 6. Said title is further amended by striking subsection (b) of Code Section 48-9-14, relating to the second motor fuel tax, and inserting in its place a new subsection (b) to read as follows:
"(b)(l) The motor fuel tax imposed by this Code section is levied at the rate of 3 percent of the retail sale price less the tax imposed by Code Section 48-9-3

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upon the sale, use, or consumption, as defined in Code Section 48-8-2, of motor fuel in this state. This tax shall be subject only to the exemptions provided in Code Section 48-9-3.
(2)(A) As used in this paragraph, the term 'prepaid state tax' shall have the same meaning as provided in paragraph (5.1) of Code Section 48-8-2. (B) At the time the tax imposed by Code Section 48-9-3 attaches to a sale or transfer of motor fuels, a prepaid state tax shall be collected. The same person remitting the tax imposed under Code Section 48-9-3, but on a separate schedule, shall remit the prepaid state tax to the state. The tax shall be separately invoiced throughout the chain of distribution until it reaches the dealer who makes the retail sale. The commissioner shall issue the rate of prepaid state tax on a semiannual basis, rounded to the nearest $.001 per gallon for use in the following the semiannual period. The rate shall be calculated at 4 percent of the state-wide average retail price by motor fuel type as compiled by the Energy Information Agency of the United States Department of Energy, the Oil Pricing Information Service, or a similar reliable published index less taxes imposed under Code Section 48-9-3, this subsection, and all local sales and use taxes. In the event that the retail price changes by 25 percent or more within a semiannual period, the commissioner shall issue a revised prepaid state tax rate for the remainder of that period."
SECTION 7. Said title is further amended by striking subsections (b) and (d) of Code Section 48-9-16, relating to penalties, and inserting in their place new subsections (b) and (d), respectively, to read as follows:
"(b) When any distributor fails to pay the tax or any part of the tax due under Code Section 48-9-3 or 48-9-14, the distributor shall be subject to a penalty to 10 percent of the amount of unpaid taxes due." "(d) When any distributor fails to pay the tax or any part of the tax due under Code Section 48-9-3 or 48-9-14, the distributor shall pay interest on the unpaid tax at the rate specified in Code Section 48-2-40 from the time the tax became due until paid."
SECTION 8. (a) This section and Section 9 of this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. (b) Sections 1 and 2 of this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval and shall apply to all claims for refunds filed or actions for refunds brought pursuant to Code Section 48-2-35 before, on, or after such effective date. (c) Sections 3,4, 5,6, and 7 of this Act shall become effective on January 1,2004.

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SECTION 9. All laws and parts of laws in conflict with this Act are repealed.
Approved May 29, 2003.
STATE GOVERNMENT - AUTHORIZED INVESTMENTS; GEORGIA STATE FINANCING AND INVESTMENT COMMISSION AND GEORGIA ENVIRONMENTAE FACIEITIES AUTHORITY.
No. 83 (House Bill No. 621).
AN ACT
To amend Title 50 of the Official Code of Georgia Annotated, relating to state government, so as to change certain provisions regarding the Georgia State Financing and Investment Commission and the Georgia Environmental Facilities Authority; to change certain provisions regarding authorized investments; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Title 50 of the Official Code of Georgia Annotated, relating to state government, is amended by striking subsection (b) of Code Section 50-17-27, relating to application and investment of certain proceeds by the Georgia State Financing and Investment Commission and the Georgia Environmental Facilities Authority, and inserting in its place a new subsection (b) to read as follows:
"(b) Proceeds received from the sale of bonds evidencing general obligation debt shall be held in trust by the commission and disbursed promptly by the commission in accordance with the original purpose set forth in the authorization of the General Assembly and in accordance with rules and regulations established by the commission. Bond proceeds and other proceeds held by the commission shall be as fully invested as is practical, consistent with the proper application of such proceeds for the purposes intended. Investments shall be limited to general obligations of the United States or of subsidiary corporations of the United States government fully guaranteed by such government, or to obligations issued by the Federal Land Bank, Federal Home Loan Bank, Federal Intermediate Credit Bank, Bank for Cooperatives, Federal Farm Credit Banks regulated by the Farm Credit Administration, Federal Home Loan Mortgage Corporation, Federal National Mortgage Association, or to tax exempt obligations issued by any state, county, municipal corporation, district, or political subdivision, or civil division or public instrumentality of any such government or unit of such government, or to prime bankers' acceptances, or to the units of any unit investment trusts the assets of

360______GENERAL ACTS AND RESOLUTIONS, VOL. I_______
which are exclusively invested in obligations of the type described above, or to the shares of any mutual fund the investments of which are limited to securities of the type described above and distributions from which are treated for federal income tax purposes in the same manner as the interest on said obligations, provided that at the time of investment such obligations or the obligations held by any such unit investment trust or the obligations held or to be acquired by any such mutual fund are limited to obligations which are rated within one of the top two rating categories of any nationally recognized rating service or any rating service recognized by the commissioner of banking and finance, and no others. Income earned on any such investments or otherwise earned by the commission shall be retained by the commission and used to purchase and retire any public debt or any bonds or obligations issued by any public agency, public corporation, or authority which are secured by a contract to which the second paragraph of Article IX, Section VI, Paragraph I(a) of the Constitution of Georgia of 1976 is applicable and may be used to pay operating expenses of the commission. However, in order to provide for contingencies, efficiency, and flexibility, the commission may agree by contract or grant agreement with county and independent school systems that income earned during grant administration on a direct appropriation of state funds to the commission for public school capital outlay will be applied to the capital outlay purposes of the appropriation. Otherwise, the interest on direct appropriations to the commission shall be deposited into the treasury."
SECTION 2. Said title is further amended by striking paragraph (11) of subsection (b) of Code Section 50-23-5, relating to the purpose, powers, and duties of the Georgia Environmental Facilities Authority, and inserting in its place a new paragraph (11) to read as follows:
"(11) Subject to any agreement with bondholders, to invest moneys of the authority not required for immediate use to carry out the purposes of this chapter, including the proceeds from the sale of any bonds and any moneys held in reserve funds, in obligations which shall be limited to the following:
(A) Bonds or other obligations of the state or bonds or other obligations, the principal and interest of which are guaranteed by the state; (B) Bonds or other obligations of the United States or of subsidiary corporations of the United States government fully guaranteed by such government; (C) Obligations of agencies of the United States government and its subsidiary corporations and instrumentalities or entities sanctioned or authorized by the United States government including, but not limited to, the Federal Land Bank, the Federal Home Loan Bank, the Federal Intermediate Credit Bank, Farm Credit Banks regulated by the Farm Credit Administration, the Federal Home Loan Mortgage Corporation, the Federal National Mortgage Association, and the Bank for Cooperatives; (D) Bonds or other obligations issued by any public housing agency or municipality in the United States, which bonds or obligations are fully

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secured as to the payment of both principal and interest by a pledge of annual contributions under an annual contributions contract or contracts with the United States government, or project notes issued by any public housing agency, urban renewal agency, or municipality in the United States and fully secured as to payment of both principal and interest by a requisition, loan, or payment agreement with the United States government; (E) Certificates of deposit of national or state banks or federal savings and loan associations located within the state which have deposits insured by the Federal Deposit Insurance Corporation or any Georgia deposit insurance corporation and certificates of deposit of state building and loan associations located within the state which have deposits insured by any Georgia deposit insurance corporation, including the certificates of deposit of any bank, savings and loan association, or building and loan association acting as depository, custodian, or trustee for any such bond proceeds; provided, however, that the portion of such certificates of deposit in excess of the amount insured by the Federal Deposit Insurance Corporation or any Georgia deposit insurance corporation, if any such excess exists, shall be secured by deposit with the Federal Reserve Bank of Atlanta, Georgia, or with any national or state bank located within the state, of one or more of the following securities in an aggregate principal amount equal at least to the amount of such excess:
(i) Direct and general obligations of the state or of any county or municipality in the state; (ii) Obligations of the United States or subsidiary corporations included in subparagraph (B) of this paragraph; (iii) Obligations of agencies of the United States government included in subparagraph (C) of this paragraph; or (iv) Bonds, obligations, or project notes ofpublic housing agencies, urban renewal agencies, or municipalities included in subparagraph (D) of this paragraph; (F) Interest-bearing time deposits, repurchase agreements, reverse repurchase agreements, rate guarantee agreements, or other similar banking arrangements with a bank or trust company having capital and surplus aggregating at least $50 million or with any government bond dealer reporting to, trading with, and recognized as a primary dealer by the Federal Reserve Bank of New York having capital aggregating at least $50 million or with any corporation which is subject to registration with the Board of Governors ofthe Federal Reserve System pursuant to the requirements ofthe Bank Holding Company Act of 1956, provided that each such interest-bearing time deposit, repurchase agreement, reverse repurchase agreement, rate guarantee agreement, or other similar banking arrangement shall permit the moneys so placed to be available for use at the time provided with respect to the investment or reinvestment of such moneys; (G) Prime bankers' acceptances; and (H) State operated investment pools."

362______GENERAL ACTS AND RESOLUTIONS, VOL. I________
SECTION 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 4. All laws and parts of laws in conflict with this Act are repealed.
Approved May 29, 2003.
LABOR - EMPLOYMENT SECURITY CONTRIBUTION RATES; SURCHARGE SUSPENSION; UNEMPLOYMENT BENEFITS.
No. 84 (Senate Bill No. 167).
AN ACT
To amend Chapter 8 of Title 34 of the Official Code of Georgia Annotated, relating to employment security, so as to provide for an extension of the reduction in contribution rates through December 31, 2004; to extend the suspension of the surcharge based upon the State-wide Reserve Ratio; to amend Code Section 34-8-195 of the Official Code of Georgia Annotated, relating to determination of eligibility for unemployment benefits generally, so as to provide that employees of employee leasing companies and professional employer organizations shall be presumed to have voluntarily left employment without good cause if the employees do not contact the employee leasing companies and professional employer organizations for reassignment upon the completion of an assignment; 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 8 of Title 34 of the Official Code of Georgia Annotated, relating to employment security, is amended by striking subparagraph (d)(4)(B) of Code Section 34-8-156, relating to the State-wide Reserve Ratio, and inserting in lieu thereof a new subparagraph (d)(4)(B) to read as follows:
"(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:

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If the State-wide Reserve Ratio:

Equals or Exceeds

But Is Less Than

Overall Increase

1.5 percent

1.7 percent

25 percent

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, 2004, the overall increase in the rate required under this subparagraph shall be suspended and the provisions of this subparagraph shall be null and void, except in the event the State-wide Reserve Ratio, as calculated above, is less than 1.00 percent, then the Commissioner of Labor shall have the option of imposing an increase in the overall rate of up to 35 percent, as of the computation date, for each employer whose rate is computed under a rate table in Code Section 34-8-155. The issues of part-time employment coverage and military transfer coverage will be considered in a study committee to meet in the summer of 2003."

SECTION 2. Code Section 34-8-195 of the Official Code of Georgia Annotated, relating to determination of eligibility for unemployment benefits generally, is amended by striking subsection (c) and inserting in lieu thereof a new subsection (c) to read as follows:
"(c) An individual shall not be deemed to be unemployed in any week such individual refuses an intermittent or temporary assignment without good cause when the assignment offered is comparable to previous work or assignments performed by the individual or meets the conditions of employment previously agreed to between the individual and the employer. Such individual may be considered unemployed with respect to any week an assignment or work is not offered by the employer; provided, however, an employee of a temporary help contracting firm, an employee leasing company, or a professional employer organization as defined in Code Section 34-7-6 will be presumed to have voluntarily left employment without good cause if the employee does not contact the temporary help contracting firm, employee leasing company, or professional employer organization for reassignment upon completion of an assignment; provided, further, that such failure to contact the temporary help contracting firm, employee leasing company, or professional employer organization will not be considered a voluntary departure from employment unless the employee has been advised in writing of the obligation to contact such employer upon completion of assignments and has been advised in writing that unemployment benefits may be denied for failure to do so."

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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 30, 2003.
LABOR - WORKERS' COMPENSATION; NOTICE; MEDICAL TREATMENT; BENEFITS.
No. 86 (Senate Bill No. 233).
AN ACT
To amend Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to workers' compensation, so as to delete the requirement that notice to nonresident parties be sent by certified mail; to change procedures regarding an employee's cooperation with authorized medical treatment; to provide that the granting or denial of social security disability creates no presumption in the determination of whether or not a case is deemed to be catastrophic; to provide time limitations on the submission of medical bills; to provide for when an employee is entitled to receive permanent partial disability benefits; to place the temporary total benefits maximum at $425.00 per week and to place the minimum at $42.50 per week; to place the temporary partial benefits maximum at $284.00 per week; to provide for a certain legislative intent; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to workers' compensation, is amended by striking subsection (j) of Code Section 34-9-102, relating to a hearing before the administrative law judge, and inserting in lieu thereof the following:
"(j) Notice to nonresident party. (1) Any party subject to this chapter who is or who becomes a nonresident of this state at the time of or after the injury or death of an employee shall be deemed to have appointed irrevocably the executive director of the board as that party's agent for service of notice or any other process in any proceeding under this chapter. (2) Any notice or process served on the executive director shall have the same legal effect as if served upon the nonresident party personally within the state.

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(3) The executive director or his or her designated agent shall immediately mail a copy of the notice or process to the last known address of the nonresident party."
SECTION 2. Said chapter is further amended by striking in its entirety subsection (c) of Code Section 34-9-200, relating to compensation for medical care, artificial members, and other treatment and supplies, and inserting in lieu thereof the following:
"(c) As long as an employee is receiving compensation, he or she shall submit himself or herself to examination by the authorized treating physician at reasonable times. If the employee refuses to submit himself or herself to or in any way obstructs such an examination requested by and provided for by the employer, upon order of the board his or her right to compensation shall be suspended unti 1 such refusal or obj ection ceases and no compensation shall at any time be payable for the period of suspension unless in the opinion of the board the circumstances justify the refusal or obstruction."
SECTION 3. Said chapter is further amended by striking paragraph (6) of subsection (g) of Code Section 34-9-200.1, relating to rehabilitation benefits, and inserting in lieu thereof the following:
"(6) Any other injury of a nature and severity that prevents the employee from being able to perform his or her prior work and any work available in substantial numbers within the national economy for which such employee is otherwise qualified. A decision granting or denying disability income benefits under Title II or supplemental security income benefits under Title XVI of the Social Security Act shall be admissible in evidence and the board shall give the evidence the consideration and deference due under the circumstances regarding the issue of whether the injury is a catastrophic injury; provided, however, that no presumption shall be created by any decision granting or denying disability income benefits under Title II or supplementary security income benefits under Title XVI of the Social Security Act."
SECTION 4. Said chapter is further amended by striking subsection (c) of Code Section 34-9-203, relating to an employer's pecuniary liability for medical charges, and inserting in lieu thereof the following:
"(c)(l) All reasonable charges for medical, surgical, hospital, and pharmacy goods and services shall be payable by the employer or its workers' compensation insurer within 30 days from the date that the employer or the insurer receives the charges and reports required by the board. The employer or insurer shall, within 30 days after receipt of charges for health care goods or services, mail to the provider of such health care goods or services payment of such charges or a letter or other written notice that states the reasons the employer or insurer has for not paying the claim, either in whole or in part, and

366______GENERAL ACTS AND RESOLUTIONS, VOL. I_______
which also gives the person so notified a written itemization of any documents or other information needed to process the claim or any portion thereof. (2) The failure by the employee or the health care goods or services provider to include with its submission of charges any reports or other documents required by the board shall constitute a defense for the employer's or insurer's failure to pay the submitted charges within 30 days of receipt of the charges. However, if the employer or insurer fails to send the employee or the health care goods or services provider the requisite notice indicating a need for further documentation within 30 days of receipt of the charges, the employer and insurer will be deemed to have waived the right to defend a claim for failure to pay such charges in a timely fashion on the grounds that the charges were not appropriately accompanied by required reports. Such waiver shall not extend to any other defense the employer and insurer may have with respect to a claim of untimely payment. (3) If any charges for health care goods or services are not paid when due, or any reimbursement for health care goods or services paid by the employee or any charges for mileage incurred by the employee are not paid when due, penalties shall be added to such charges and paid at the same time as and in addition to the charges claimed for the health care goods or services. For any payment of charges paid more than 30 days after their due date, but paid within 60 days of such date, there shall be added to such charges an amount equal to 10 percent of the charges. For any payment of charges paid more than 60 days after their due date, but paid within 90 days of such date, there shall be added to such charges an amount equal to 20 percent of the charges. For any charges not paid within 90 days of their due date, in addition to the 20 percent add-on penalty, the employer or insurer shall pay interest on that combined sum in an amount equal to 12 percent per annum from the ninety-first day after the date the charges were due until full payment is made. All such penalties and interest shall be paid to the provider of the health care goods or services. (4) Notwithstanding any other provisions of this subsection, if the employee or the provider of healthcare goods or services fails to submit its charges to the employer or its workers' compensation insurer within one year of the date of service of the issuance of such goods or services, then the provider is deemed to have waived its right to collect such charges from the employer, its workers' compensation insurer, and the employee."
SECTION 5. Said chapter is further amended by striking subsection (a) of Code Section 34-9-240, relating to the effect of refusal of suitable employment by an injured employee, and inserting in lieu thereof the following:
"(a) If an injured employee refuses employment procured for him or her and suitable to his or her capacity, such employee shall not be entitled to any compensation, except benefits pursuant to Code Section 34-9-263, at any time during the continuance of such refusal unless in the opinion of the board such refusal was justified."

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SECTION 6. Said chapter is further amended by striking Code Section 34-9-261, relating to compensation for total disability, and inserting in lieu thereof the following:
"34-9-261. While the disability to work resulting from an injury is temporarily total, the employer shall pay or cause to be paid to the employee a weekly benefit equal to two-thirds of the employee's average weekly wage butnotmore than $425.00 per week nor less than $42.50 per week, except that when the weekly wage is below $42.50 the employer shall pay a weekly benefit equal to the average weekly wage. The weekly benefit under this Code section shall be payable for a maximum period of 400 weeks from the date of injury; provided, however, in the event of a catastrophic injury as defined in subsection (g) of Code Section 34-9-200.1, the weekly benefit under this Code section shall be paid until such time as the employee undergoes a change in condition for the better as provided in paragraph (1) of subsection (a) of Code Section 34-9-104."
SECTION 7. Said chapter is further amended by striking Code Section 34-9-262, relating to compensation for temporary partial disability, and inserting in lieu thereof the following:
"34-9-262. Except as otherwise provided in Code Section 34-9-263, where the disability to work resulting from the injury is partial in character but temporary in quality, the employer shall pay or cause to be paid to the employee a weekly benefit equal to two-thirds of the difference between the average weekly wage before the injury and the average weekly wage the employee is able to earn thereafter, but not more than $284.00 per week for a period not exceeding 350 weeks from the date of injury."
SECTION 8. It is the intent of the General Assembly that compensation benefits shall not be suspended under subsection (c) of Code Section 34-9-200 as enacted by this Act without first obtaining an order from the Board of Workers' Compensation authorizing such suspension of benefits.
SECTION 9. All laws and parts of laws in conflict with this Act are repealed.
Approved May 30, 2003.

368______GENERAL ACTS AND RESOLUTIONS, VOL. I_________
HEALTH - EYE BANKS.
No. 92 (House Bill No. 54).
AN ACT
To amend Chapter 23 of Title 31 of the Official Code of Georgia Annotated, relating to eye banks, so as to change the provisions regarding who may operate eye banks; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Chapter 23 of Title 31 of the Official Code of Georgia Annotated, relating to eye banks, is amended by striking Code Section 31-23-3, relating to who may operate eye banks, and inserting in its place the following:
"31-23-3. Any facility, hospital, or any medical school in conjunction with the department or school of ophthalmology of such medical school, alone or in further conjunction with other charitable organizations, may establish and maintain an eye bank in, under, or in affiliation with such hospital or medical school upon approval for the establishment of the eye bank by the Department of Human Resources, if the eye bank meets the medical standards approved by the Eye Bank Association of America and such facility, hospital, or medical school is a nonprofit organization and is not a subsidiary of a for profit corporation or business entity. Upon the establishment of any eye bank as authorized in this Code section, the extraction, removal, care, preservation, storage, and use of human eyes or parts thereof for any of the purposes for which eye banks may be established may begin in such facility or as authorized by such facility. The eye bank shall have the right to receive gifts, donations, and bequests for the purposes stated in this Code section."
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.
Approved May 30, 2003.

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CRIMES AND OFFENSES - NATURAL PRODUCTS OR CHATTELS; FAILURE TO PAY.
No. 93 (House Bill No. 108).
AN ACT
To amend Article 4 of Chapter 9 of Title 16 of the Official Code of Georgia Annotated, relating to fraud and related offenses, so as to change certain provisions related to failing to pay for natural products or chattels; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Article 4 of Chapter 9 of Title 16 of the Official Code of Georgia Annotated, relating to fraud and related offenses, is amended by striking Code Section 16-9-58, relating to failing to pay for natural products or chattels, and inserting in lieu thereof the following:
"16-9-58. Any person, either on his or her own account or for others, who with fraudulent intent shall buy cotton, corn, rice, crude turpentine, spirits of turpentine, rosin, pitch, tar, timber, pulpwood, Christmas trees, pine needles, horticultural crops, poultry and poultry products, cattle, hogs, sheep, goats, ratites, horses, mules, pecans, peaches, apples, watermelons, cantaloupes, or other products or chattels and fail or refuse to pay therefor within 20 days following receipt of such products or chattels or by such other payment due date explicitly stated in a written contract agreed to by the buyer and seller, whichever is later, shall be guilty of a misdemeanor; except that if the value of the products or chattels exceeded $500.00 such person shall be guilty of a felony and, upon conviction thereof, shall be imprisoned for not less than one year nor more than five years."
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.
Approved May 3 0,2003.

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PROFESSIONS AND BUSINESSES - APPRAISERS; REAL ESTATE BROKERS; LICENSING.
No. 94 (House Bill No. 177).
AN ACT
To amend Chapter 39A of Title 43 of the Official Code of Georgia Annotated, relating to real estate appraisers, so as to change certain definitions; to change the manner in which appraiser classification criteria are determined; to change certain provisions relating to the surrender or lapse of a license; to change certain provisions concerning hearings and service of orders; to provide certain sanctions for violations; to amend Chapter 40 of Title 43 of the Official Code of Georgia Annotated, relating to real estate brokers and salespersons, so as to add certain definitions; to provide requirements for nonresident licenses; to provide for the licensing of certain community association managers; to change certain requirements for display of licenses; to require that ten years elapse from the date of a license surrender after initiation of an investigation or disciplinary process before the person is eligible for an associate broker's license or broker's license; to provide for certain hearings; to provide for certain sanctions for violations; to add certain actions as constituting unfair trade practices; to provide that listing or sales contracts or leases shall contain such dates as necessary to determine whether the parties have acted timely in meeting their responsibilities under such contracts or leases; to provide for the publication of the name of licensees, schools, and instructors whose licenses or approvals are revoked, suspended, or surrendered; to provide additional exceptions to the operation of the chapter; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Chapter 39A of Title 43 of the Official Code of Georgia Annotated, relating to real estate appraisers, is amended by striking paragraph (19) ofCode Section 43-39A-2, relating to definitions, and inserting in lieu thereof a new paragraph (19) to read as follows:
"(19) 'State' means any state, district, territory, possession, or province of the United States or Canada and any sovereign nation or any political subdivision of such sovereign nation."
SECTION 2. Said chapter is further amended by striking subsection (a) of Code Section 43-39A-8, relating to establishment of appraiser classifications, and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) The board is authorized to establish through its rules and regulations such appraiser classifications as are necessary to comply with federal law in order to assure that Georgia has appropriate classifications of appraisers authorized to

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appraise in federally related transactions. The board shall also create a classification of appraiser to appraise in nonfederally related transactions and for which applicants need only to meet education standards established by the board through its rules and regulations."
SECTION 3. Said chapter is further amended by striking subsections (g), (h), and (i) of Code Section 43-39A-14, relating to required conduct of applicants, and inserting in lieu thereof new subsections (g), (h), and (i) to read as follows:
"(g) Whenever the board initiates an investigation as provided in Code Section 43-39A-22 to determine whether an appraiser has violated any provision of this chapter or the rules and regulations adopted pursuant to this chapter and such appraiser:
(1) Surrendered or surrenders an appraiser classification to the board; (2) Allowed or allows an appraiser classification to lapse due to failure to meet education requirements provided by law; or (3) Allowed or allows an appraiser classification to lapse due to failure to pay any required fees, the board may issue an order revoking such appraiser's classification. The order will be effective ten days after the order is served on the appraiser unless the appraiser makes a written request for a hearing before the board, in which event the board will file a notice of hearing in accordance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act. 1 Service shall be accomplished as provided for in Code Section 43-39A-21. If such surrender or lapsing occurs after the board has filed a notice of hearing alleging that such appraiser has violated any provision of this chapter or the rules and regulations adopted pursuant to this chapter but before the board enters a final order in the matter, then upon submission of a new application by such person the matters asserted in the notice of hearing shall be deemed admitted and may be used by the board as grounds for refusal of a new appraiser classification to such person, (h) Whenever any occupational licensing body of this state, any other state, or any foreign country has sanctioned any license or classification of an applicant for any appraiser classification or whenever such an applicant has allowed a license or classification to lapse or has surrendered a license or classification to any occupational licensing body of this state, any other state, or any foreign country after that occupational licensing body has initiated an investigation or a disciplinary process regarding such applicant's licensure or classification, such sanction, lapsing, or surrender in itself may be a sufficient ground for refusal of an appraiser classification. Whenever any occupational licensing body of this state, any other state, or any foreign country has revoked the license or classification of an applicant for a classification or whenever such an applicant has allowed a license or classification to lapse or has surrendered a license or classification to any occupational licensing body of this state, any other state, or any foreign country after that body has initiated an investigation or a disciplinary process regarding such applicant's license or classification, the board may issue an appraiser classification only if:

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(1) At least five years have passed since the date that the applicant's occupational registration, license, or certification was revoked or surrendered; (2) No criminal charges are pending against the applicant at the time of application; and (3) The applicant presents to the board satisfactory proof that the applicant now bears a good reputation for honesty, trustworthiness, integrity, and competence to transact real estate appraisal activity in such a manner as to safeguard the interests of the public. (i) Whenever any appraiser is convicted of any offense enumerated in subsection (b) of this Code section, such appraiser must immediately notify the board of that conviction. Such appraiser's appraiser classification shall automatically be revoked 60 days after the conviction unless the appraiser makes a written request to the board for a hearing during that 60 day period. Following any such hearing requested pursuant to this subsection, the board in its discretion may impose upon that appraiser any sanction permitted by this chapter."
SECTION 4. Said chapter is further amended by striking subsection (a) of Code Section 43-39A-15, relating to hearings in accordance with the Georgia Administrative Procedure Act, and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) If the board, after an application in proper form has been filed with it, accompanied by the proper fee, shall refuse to issue an appraiser classification to such applicant, the board shall provide an opportunity for a hearing for such applicant in accordance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' Unless otherwise agreed to by the board, all such hearings shall be held in the county of domicile of the board."
SECTION 5. Said chapter is further amended by striking Code Section 43-39A-18, relating to penalties for violations, and inserting in lieu thereof a new Code Section 43-39A-18 to read as follows:
"43-39A-18.
(a) In accordance with the hearing procedures established for contested cases by Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' whenever an appraiser, a school approval, or an instructor approval has been obtained by false or fraudulent representation; or whenever an appraiser, an approved school, or an approved instructor has been found guilty of a violation of this chapter, or of the rules and regulations promulgated by the board, or of any unfair trade practices, including, but not limited to, those listed in this Code section; the board shall have the power to take any one or more of the following actions:
(1) Refuse to grant or renew a classification to an applicant; (2) Administer a reprimand; (3) Suspend any classification or approval for a definite period of time or for an indefinite period of time in connection with any condition that may be attached to the restoration of the classification or approval; (4) Revoke any classification or approval;

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(5) Revoke any classification issued to an appraiser and simultaneously issue such appraiser a classification with more restricted authority to conduct appraisals; (6) Impose on an appraiser, applicant, school approval, or instructor approval monetary assessments in an amount necessary to reimburse the board for administrative, investigative, and legal costs and expenses incurred by the board in conducting any proceeding authorized under this chapter or Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act'; (7) Impose a fine not to exceed $1,000.00 for each violation of this chapter or its rules and regulations with fines for multiple violations limited to $5,000.00 in any one disciplinary proceeding or such other amount as the parties may agree; (8) Require completion of a course of study in real estate appraisal or instruction; or (9) Limit or restrict any classification or approval as the board deems necessary for the protection of the public, (b) Appraisers shall not engage in the following unfair trade practices: (1) Performing any real estate appraisal activity or specialized services which indicate any preference, limitation, or discrimination based on race, color, religion, sex, disability, familial status, or national origin or an intention to make any such preference, limitation, or discrimination; (2) An act or omission involving dishonesty, fraud, or misrepresentation with the intent to benefit substantially an appraiser or another person or with the intent to injure substantially another person; (3) Commission of any act of fraud, misrepresentation, or deceit in the making of an appraisal of real estate for which act a final civil or criminal judgment has been rendered; (4) Engaging in real estate appraisal activity under an assumed or fictitious name not properly registered in this state; (5) Paying a finder's fee or a referral fee to a person who is not an appraiser in connection with an appraisal of real estate or real property; (6) Making a false or misleading statement in that portion of a written appraisal report that deals with professional qualifications or in any testimony concerning professional qualifications; (7) Violation of the confidential nature of governmental records to which an appraiser gained access through employment or engagement as an appraiser by a governmental agency; (8) Violation of any of the standards for the development or communication of real estate appraisals as promulgated by the board; (9) Failure or refusal without good cause to exercise reasonable diligence in developing an appraisal, preparing an appraisal report, or communicating an appraisal; (10) Negligence or incompetence in developing an appraisal, in preparing an appraisal report, or in communicating an appraisal; (11) Accepting an independent appraisal assignment when the employment itself is contingent upon the appraiser's reporting a predetermined estimate,

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analysis, valuation, or opinion or where the fee to be paid is contingent upon the opinion, conclusions, analysis, or valuation reached or upon the consequences resulting from the appraisal assignment; (12) Failure to retain for a period of five years the original or a true copy of each appraisal report prepared or signed by the appraiser and all supporting data assembled and formulated by the appraiser in preparing each such appraisal report. The five-year period for retention of records is applicable to each engagement of the services of the appraiser and shall commence upon the date of the delivery of each appraisal report to the client unless, within such five-year period, the appraiser is notified that the appraisal or the appraisal report is involved in litigation, in which event the five-year period for the retention of records shall commence upon the date of the final disposition of such litigation; (13) Failure upon reasonable request of an appraiser to make all records required to be maintained under the provisions of this chapter available to the board for inspection and copying by the board; (14) Performing any appraisal beyond the scope of authority granted in the appraiser classification held; (15) Demonstrating incompetency to act as an appraiser in such a manner as to safeguard the interests of the public or any other conduct, whether of the same or a different character than specified in this subsection, which constitutes dishonest dealing; (16) Performing or attempting to perform any real estate appraisal activity on property located in another state without first having complied fully with that state's laws regarding real estate appraisal activity; (17) Providing an oral appraisal report in a federally related transaction; (18) Utilizing the services of any person in other than a ministerial capacity in developing an appraisal, in preparing an appraisal report, or in communicating an appraisal if such person's appraiser classification is suspended or revoked or if such person does not hold an appraiser classification; or (19) Performing or attempting to perform any real estate appraisal activity in a federally related transaction without complying with the standards required by the federal financial institutions regulatory agency that regulates the financial transaction for which the appraisal assignment is undertaken. (c) In a disciplinary proceeding based upon a civil judgment, an appraiser shall be afforded an opportunity to present matters in mitigation and extenuation but may not collaterally attack the civil judgment. (d) When an appraiser has previously been sanctioned by the board or by any other state' s real estate appraiser licensing authority, the board may consider such prior sanction in determining the severity of a new sanction which may be imposed upon a finding that an appraiser has violated any provision of this chapter or any of the rules and regulations of the board. The failure of an appraiser to comply with or to obey a final order of the board may be cause for suspension or revocation of the individual's appraiser classification after opportunity for a hearing."

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SECTION 6. Said chapter is further amended by striking subsection (a) of Code Section 43-39 A-21, relating to hearings on the imposition of sanctions against appraisers, and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) Before the board shall impose on any appraiser any sanction permitted by this chapter, it shall provide an opportunity for a hearing for such appraiser in accordance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' Unless otherwise agreed to by the board, all such hearings shall be held in the county of domicile of the board."
SECTION 7. Chapter 40 of Title 43 of the Official Code of Georgia Annotated, relating to real estate brokers and salespersons, is amended by adding new paragraphs (2.1) and (11) to Code Section 43-40-1, relating to definitions, to read as follows:
"(2.1) 'Brokerage agreement1 means an express written contract wherein the client promises to pay the real estate broker a valuable consideration or agrees that the real estate broker may receive a valuable consideration from another in consideration of the broker's producing a seller, buyer, tenant, or landlord ready, able, and willing to sell, buy, or rent the property or in consideration of the broker's performing property management services or performing community association management services." "(11) 'State' means any state, district, territory, possession, or province of the United States or Canada and any sovereign nation or any political subdivision of such sovereign nation."
SECTION 8. Said chapter is further amended by striking subsections (c) and (g) of Code Section 43-40-9, relating to nonresident licenses, and inserting in lieu thereof new subsections (c) and (g) to read as follows:
"(c) In order to be licensed in this state, nonresidents who are licensed in another state must meet any requirements established by the commission, which may include:
(1) Show satisfactory proof of current licensure in the applicant's state of residence; (2) Pay any required fees; (3) Sign a statement which states that the applicant has read this chapter and its rules and regulations and agrees to abide by its provisions in all brokerage activity in this state; (4) Affiliate with a resident or nonresident broker if the applicant is an individual community association manager, salesperson, or associate broker. If a nonresident licensee terminates the affiliation with a broker licensed by the commission, the license of such nonresident shall automatically be terminated unless such nonresident places the license on inactive status or affiliates with another broker licensed by the commission within 30 days. No license shall be issued to any member, officer, independent contractor, employee, or partner of a nonresident firm until said firm qualifies for a broker's license. A nonresident

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corporation or limited liability company must obtain from the proper agency and maintain a certificate of authority to transact business in this state; (5) Provide any documentation required by the commission of the applicant's licensure in any other state and copies of the records of any disciplinary actions taken against the applicant's license in that or other states. The imposition of a disciplinary action by any other lawful licensing authority may be grounds for denial of license to a nonresident or for suspension or revocation of a license issued to a nonresident; (6) File with the commission a designation in writing that appoints the real estate commissioner to act as the licensee's agent, upon whom all judicial and other process or legal notices directed to such licensee may be served. Service upon the real estate commissioner shall be equivalent to personal service upon the licensee. Copies of such appointment, certified by the real estate commissioner, shall be deemed sufficient evidence thereof and shall be admitted in evidence with the same force and effect as the original thereof might be admitted. In such written designation, the licensee shall agree that any lawful process against the licensee which is served upon the real estate commissioner shall be of the same legal force and validity as if served upon the licensee, and that authority shall continue in force so long as any liability remains outstanding in this state. Upon the receipt of any such process or notice, the real estate commissioner shall immediately mail a copy of the same by certified mail or statutory overnight delivery to the last known business address of the licensee; and (7) Agree in writing to cooperate with any investigation initiated by the commission by promptly supplying any documents any authorized investigator of the commission may request and by personally appearing at the commission's offices or other location in this state as the commission's investigator may request. If the commission sends a notice to produce documents or to appear for an interview with an authorized investigator of the commission by certified mail or statutory overnight delivery to the last known business address of a nonresident licensee and the nonresident licensee fails to comply with that request, the commission may impose on the nonresident licensee any disciplinary sanction permitted under this chapter." "(g) Reserved."
SECTION 9. Said chapter is further amended by striking Code Section 43-40-10, relating to granting of broker's license, associate broker's license, or salesperson's license to firm, and inserting in lieu thereof a new Code Section 43-40-10 to read as follows:
"43-40-10.
(a) No broker's license shall be granted to a firm unless: (1) said firm designates an individual licensed as a broker as its qualifying broker who shall be responsible for assuring that the firm and its affiliated licensees comply with the provisions of this chapter and its attendant rules and regulations; and (2) said firm authorizes its qualifying broker to bind the firm to any settlement of a contested case before the commission as defined in Chapter 13 of Title 50, the 'Georgia

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Administrative Procedure Act,' in which said firm may be a named respondent. Violations of this chapter or its rules and regulations by a firm licensed as a broker shall subject the license of the qualifying broker to sanction as authorized by this chapter. No broker's license shall be granted to a firm unless every person who acts as a licensee for such firm shall hold a real estate license, (b) No associate broker's, salesperson's, or community association manager's license shall be granted to a corporation, limited liability company, or partnership unless said corporation, limited liability company, or partnership designates an individual who holds the same type of license as its qualifying licensee who shall be responsible for assuring that the corporation, limited liability company, or partnership complies with the provisions of this chapter and its attendant rules and regulations. Violations of this chapter or rules and regulations by a corporation, limited liability company, or partnership licensed as an associate broker, salesperson, or community association manager shall subject both the license of the entity and the license of the qualifying licensee to sanction as authorized by this chapter. The qualifying licensee shall be the only licensee of a corporation, limited liability company, or partnership licensed as an associate broker, salesperson, or community association manager. The license of a corporation, limited liability company, or partnership licensed as an associate broker, salesperson, or community association manager must be assigned to a licensed broker. The licensed associate broker, salesperson, or community association manager corporation, limited liability company, or partnership or qualifying licensee may not engage in the brokerage business except in behalf of the broker to whom its license is assigned."
SECTION 10. Said chapter is further amended by striking Code Section 43-40-11, relating to form and display of license, and inserting in lieu thereof a new Code Section 43-40-11 to read as follows:
"43-40-11.
The commission shall prescribe the form of the license. Each license shall have placed thereon the seal of the commission. The license of each affiliated licensee shall be delivered or mailed to the real estate broker for whom the licensee is acting and shall be kept in the custody and control of such broker. The commission shall prepare and deliver a pocket card certifying that the person whose name appears thereon is a licensee."
SECTION 11. Said chapter is further amended by striking subsections (h) and (i) of Code Section 43-40-15, relating to grant, revocation, and suspension of licenses, and inserting in lieu thereof new subsections (h) and (i) to read as follows:
"(h) Whenever any occupational licensing body of this state, any other state, or any foreign country has sanctioned the license of an applicant for any license authorized by this chapter or whenever such an applicant has allowed a license to lapse or has surrendered a license to any occupational licensing body of this

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state, any other state, or any foreign country after that body has initiated an investigation or a disciplinary process regarding such applicant's license, such sanction, lapsing, or surrender in itself may be a sufficient ground for refusal of a license. Whenever any occupational licensing body of this state, any other state, or any foreign country has revoked the license of an applicant for any license authorized by this chapter or whenever such an applicant has allowed a license to lapse or has surrendered a license to any occupational licensing body of this state, any other state, or foreign country after that body has initiated an investigation or a disciplinary process regarding such applicant's license, the commission may issue an associate broker's or a broker's license only if:
(1) At least ten years have passed since the date that the applicant's occupational license was revoked or surrendered; (2) No criminal charges are pending against the applicant at the time of application; and (3) The applicant presents to the commission satisfactory proof that the applicant now bears a good reputation for honesty, trustworthiness, integrity, and competence to transact the business of a licensee in such a manner as to safeguard the interest of the public. (i) Whenever any licensee is convicted of any offense enumerated in subsection (b) of this Code section, the licensee must immediately notify the commission of that conviction. The licensee's license shall automatically be revoked 60 days after the licensee's conviction unless the licensee makes a written request to the commission for a hearing during that 60 day period. Following any such hearing requested pursuant to this subsection, the commission in its discretion may impose upon that licensee any sanction permitted by this chapter."
SECTION 12. Said chapter is further amended by striking subsection (a) of Code Section 43-40-16, relating to the nonacceptance of applications for licenses, and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) If the commission, after an application in proper form has been filed with it, accompanied by the proper fee, shall refuse to issue a license to such applicant, the commission shall provide an opportunity for a hearing for such applicant in accordance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' Unless otherwise agreed by the commission, all such hearings shall be held in the county of the domicile of the commission."
SECTION 13. Said chapter is further amended by striking Code Section 43-40-17, relating to revocation or suspension of a license issued to a partnership, limited liability company, or corporation, and inserting in lieu a new Code Section 43-40-17 to read as follows:
"43-40-17.
Reserved."

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SECTION 14. Said chapter is further amended by striking Code Section 43-40-25, relating to violations by licensees, schools, and instructors, and inserting in lieu thereof a new Code Section 43-40-25 to read as follows:
"43-40-25.
(a) In accordance with the hearing procedures established for contested cases by Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' whenever a license, a school approval, or an instructor approval has been obtained by false or fraudulent representation; or whenever a licensee, an approved school, or an approved instructor has been found guilty of a violation of this chapter, or of the rules and regulations promulgated by the commission, or of any unfair trade practices, including, but not limited to those listed in this Code section; the commission shall have the power to take any one or more of the following actions:
(1) Refuse to grant or renew a license to an applicant; (2) Administer a reprimand; (3) Suspend any license or approval for a definite period of time or for an indefinite period of time in connection with any condition that may be attached to the restoration of the license or approval; (4) Revoke any license or approval; (5) Revoke the license of a broker, qualifying broker, or associate broker and simultaneously issue such licensee a salesperson's license; (6) Impose on a licensee, applicant, school approval, or instructor approval monetary assessments in an amount necessary to reimburse the commission for the administrative, investigative, and legal costs and expenses incurred by the commission in conducting any proceeding authorized under this chapter or Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act'; (7) Impose a fine not to exceed $1,000.00 for each violation of this chapter or its rules and regulations with fines for multiple violations limited to $5,000.00 in any one disciplinary proceeding or such other amount as the parties may agree; (8) Require completion of a course of study in real estate brokerage or instruction; (9) Require the filing of periodic reports by an independent accountant on a real estate broker's designated trust account; or (10) Limit or restrict any license or approval as the commission deems necessary for the protection of the public. (b) Licensees shall not engage in any of the following unfair trade practices: (1) Because of race, color, religion, sex, disability, familial status, or national origin:
(A) Refusing to sell or rent after the making of a bona fide offer, or refusing to negotiate for the sale or rental of, or otherwise making unavailable or denying, real estate to any person; (B) Discriminating against any person in the terms, conditions, or privileges of sale or rental of real estate or in the provision of services or facilities in connection therewith;

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(C) Making, printing, or publishing or causing to be made, printed, or published any notice, statement, or advertisement, with respect to the sale or rental of real estate, that indicates any preference, limitation, or discrimination or an intention to make any such preference, limitation, or discrimination; (D) Representing to any person that any real estate is not available for inspection, sale, or rental when such real estate is in fact so available; or (E) Representing explicitly or implicitly that a change has or will or may occur in a block, neighborhood, or area in order to induce or discourage the listing, purchasing, selling, or renting of real estate; (2) Intentionally advertising material which is misleading or inaccurate or which in any way misrepresents any property, terms, values, policies, or services of the business conducted; (3) Failing to account for and remit any money coming into the licensee's possession which belongs to others; (4) Commingling the money or other property of the licensee's principals with the licensee's own; (5) Failing to maintain and deposit in a separate, federally insured checking account all money received by said broker acting in said capacity, or as escrow agent or the temporary custodian of the funds of others, in a real estate transaction unless all parties having an interest in said funds have agreed otherwise in writing; (6) Accepting, giving, or charging any undisclosed commission, rebate, or direct profit on expenditures made for a principal or any undisclosed commission, rebate, or direct profit for procuring a loan or insurance or for conducting a property inspection related to a real estate transaction; (7) Representing or attempting to represent a real estate broker, other than the broker holding the licensee's license, without the express knowledge and consent of the broker holding the licensee's license; (8) Accepting a commission or other valuable consideration by a licensee from anyone other than the broker holding that licensee's license without the consent of that broker; (9) Acting in the dual capacity of agent and undisclosed principal in any transaction; (10) Guaranteeing or authorizing any person to guarantee future profits which may result from the resale of real property; (11) Placing a sign on any property offering it for sale or rent without the written consent of the owner or the owner's authorized agent and failing to remove such sign within ten days after the expiration of listing; (12) Offering real estate for sale or lease without the knowledge and consent of the owner or the owner's authorized agent or on terms other than those authorized by the owner or the owner's authorized agent; (13) Inducing any party to a contract of sale or lease, or a brokerage agreement to break such contract or brokerage agreement for the purpose of substituting in lieu thereof any other contract or brokerage agreement with another principal;

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(14) Negotiating a sale, exchange, or lease of real estate directly with an owner, a lessor, a purchaser, or a tenant if the licensee knows that such owner or lessor has a written outstanding contract in connection with such property granting an exclusive agency or an exclusive right to sell to another broker or that such purchaser or tenant has a brokerage agreement with another broker; (15) Indicating that an opinion given to a potential seller, purchaser, landlord, or tenant regarding a listing, lease, rental, or purchase price is an appraisal unless such licensee holds an appraiser classification in accordance with Chapter 39A of this title; (16) Performing or attempting to perform any of the acts of a licensee on property located in another state without first having been properly licensed in that state or otherwise having complied fully with that state's laws regarding real estate brokerage; (17) Paying a commission or compensation to any person for performing the services of a real estate licensee who has not first secured the appropriate license under this chapter or is not cooperating as a nonresident who is licensed in such nonresident's state or foreign country of residence, provided that nothing contained in this subsection or any other provision of this Code section shall be construed so as to prohibit the payment of earned commissions:
(A) To the estate or heirs of a deceased real estate licensee when such deceased real estate licensee had a valid Georgia real estate license in effect at the time the commission was earned and at the time of such person's death; or (B) To a citizen of another country acting as a referral agent if that country does not license real estate brokers and if the Georgia licensee paying such commission or compensation obtains and maintains reasonable written evidence that the payee is a citizen of said other country, is not a resident of this country, and is in the business of brokering real estate in said other country; (18) Failing to include a fixed date of expiration in any written listing agreement and failing to leave a copy of said agreement with the principal; (19) Failing to deliver, within a reasonable time, a completed copy of any purchase agreement or offer to buy or sell real estate to the purchaser and to the seller; (20) Failure by a broker to deliver to the seller in every real estate transaction, at the time said transaction is consummated, a complete, detailed closing statement showing all of the receipts and disbursements handled by such broker for the seller or failure to deliver to the buyer a complete statement showing all money received in said transaction from such buyer and how and for what the same was disbursed; the broker shall retain true copies of such statements in the broker's files; (21) Making any substantial misrepresentations; (22) Acting for more than one party in a transaction without the express written consent of all parties to the transaction; (23) Failure of an associate broker, salesperson, or community association manager to place, as soon after receipt as is practicably possible, in the custody

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of the broker holding the licensee's license any deposit money or other money or funds entrusted to the licensee by any person dealing with the licensee as the representative of the licensee's licensed broker; (24) Filing a listing contract or any document or instrument purporting to create a lien based on a listing contract for the purpose of casting a cloud upon the title to real estate when no valid claim under said listing contract exists; (25) Having demonstrated incompetency to act as a real estate licensee in such manner as to safeguard the interest of the public or any other conduct whether of the same or a different character than heretofore specified which constitutes dishonest dealing; (26) Obtaining a brokerage agreement, a sales contract, or a lease from any owner, purchaser, or tenant while knowing or having reason to believe that another broker has a brokerage agreement with such owner, purchaser, or tenant, unless the licensee has written permission from the broker having the first brokerage agreement; provided, however, that notwithstanding the provisions of this paragraph, a licensee shall be permitted to present a proposal or bid for community association management if requested to do so in writing from a community association board of directors; (27) Failing to keep for a period of three years a true and correct copy of all sales contracts, closing statements, any offer or other document that resulted in the depositing of trust funds, accounting records related to the maintenance of any trust account required by this chapter, and other documents relating to real estate closings or transactions or failing to produce such documents at the reasonable request of the commission or any of its agents for their inspection; (28) Being or becoming a party to any falsification of any portion of any contract or other document involved in any real estate transaction; (29) Conducting the closing of any real estate transaction by any licensee except a broker unless the licensee acts under the supervision of the broker under whom such licensee is licensed or under the supervision of a practicing attorney with the knowledge and consent of the broker; (30) Failing to obtain the written agreement of the parties indicating to whom the broker shall pay any interest earned on trust funds deposited into an interest-bearing checking account prior to depositing those funds into such account; (31) Failing to disclose in a timely manner to all parties in a real estate transaction any agency relationship that the licensee may have with any of the parties; (32) Attempting to perform any act authorized by this chapter to be performed only by a broker, associate broker, or salesperson while licensed as a community association manager; (33) Attempting to sell, lease, or exchange the property of any member of a community association to which a licensee is providing community association management services without the express written consent of that association to do so;

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(33.1) Failure to deliver to a community association terminating a management contract within 30 days of the termination, or within such other time period as the management contract shall provide:
(A) A complete and accurate record of all transactions and funds handled during the period of the contract and not previously accounted for; (B) All records and documents received from the community association or received on the association's behalf; and (C) Any funds held on behalf of the community association; (33.2) Failure to deliver to a property owner terminating a management contract within 30 days of the termination, or within such other time period as the management contract shall provide: (A) A complete and accurate record of all transactions and funds handled during the period of the contract and not previously accounted for; (B) All records and documents received from the property owner or received on the owner's behalf; and (C) Any funds held on behalf of the property owner; (34) Inducing any person to alter, modify, or change another licensee's fee or commission for real estate brokerage services without that licensee's prior written consent; or (35) Failing to obtain a person's agreement to refer that person to another licensee for brokerage or relocation services and to inform such person being referred whether or not the licensee will receive a valuable consideration for such referral. (c) When a licensee has previously been sanctioned by the commission or by any other state's real estate brokerage licensing authority, the commission may consider any such prior sanctions in determining the severity of a new sanction which may be imposed upon a finding that the licensee has committed an unfair trade practice, that the licensee has violated any provision of this chapter, or that the licensee has violated any of the rules and regulations of the commission. The failure of a licensee to comply with or to obey a final order of the commission may be cause for suspension or revocation of the individual's license after opportunity for a hearing. (d) Whenever a licensee acts in a real estate transaction as a principal or as an officer, employee, or member of a firm or any other entity acting as a principal, the commission may impose any sanction permitted by this chapter if the licensee commits any unfair trade practice enumerated in this Code section or violates any other provision of this chapter or any rules and regulations adopted pursuant to this chapter in such a transaction. (e) Whenever a community association manager, a salesperson, or an associate broker violates any provision of this chapter or any rules and regulations adopted pursuant to this chapter by performing any duty or act of a broker enumerated in this chapter or any rules and regulations adopted pursuant to this chapter either with the proper delegation of that duty or act by the broker or without the broker's authorization, the commission may impose any sanction permitted under this chapter on the license of such community association manager, salesperson, or associate broker."

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SECTION 15. Said chapter is further amended by striking Code Section 43-40-25.1, relating to completion of certain forms not being the practice of law, and inserting in lieu thereof a new Code Section 43-40-25.1 to read as follows:
"43-40-25.1. It shall be lawful for licensees to complete listing or sales contracts or leases whose form has been prepared by legal counsel and such conduct shall not constitute the unauthorized practice of law. In completing a lease or a written offer to buy, sell, lease, rent, or exchange real property, a licensee shall include a description of the property involved, a method of payment, any special stipulations or addenda the offer requires, and, such dates as may be necessary to determine whether the parties have acted timely in meeting their responsibilities under the lease, offer, or contract."
SECTION 16. Said chapter is further amended by striking subsection (a) of Code Section 43-40-26, relating to hearings before the commission, and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) Before the commission shall censure a licensee or before revoking or suspending a license, it shall provide an opportunity for a hearing for such holder of a license in accordance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' Unless otherwise agreed to by the commission, all such hearings shall be held in the county of domicile of the commission."
SECTION 17. Said chapter is further amended by striking subsection (e) of Code Section 43-40-27, relating to investigation of complaints, and inserting in lieu thereof a new subsection (e) to read as follows:
"(e) Whenever the commission revokes or suspends a license, a school approval, or an instructor approval or whenever a licensee, an approved school, or an approved instructor surrenders a license or an approval to the commission in a contested case as defined in Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' the commission may publish the name of such licensee, approved school, or approved instructor on its official website or in any other official publication of the agency."
SECTION 18. Said chapter is further amended by striking paragraph (7) of subsection (a) of Code Section 43-40-29, relating to exceptions to operation of chapter, and inserting in lieu thereof a new paragraph (7) to read as follows:
"(7) Any person who, as owner or through another person engaged by such owner on a full-time basis or as owner of a management company whose principals hold a controlling ownership of such property, provides property management services or community association management services, buys, sells, leases, manages, auctions, or otherwise deals with property owned by such person;".

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SECTION 19. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 20. All laws and parts of laws in conflict with this Act are repealed.
Approved May 30, 2003.
REVENUE - CARPET SAMPLES; FAIR MARKET VALUE.
No. 95 (House Bill No. 189).
AN ACT
To amend Code Section 48-8-39 of the Official Code of Georgia Annotated, relating to the effect of use other than retention, demonstration, or display by the giver of certain certification or by processor, manufacturer, or converter of tangible personal property, so as to provide for fair market value of certain carpet samples for sales and use tax purposes; 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 48-8-39 of the Official Code of Georgia Annotated, relating to the effect of use other than retention, demonstration, or display by the giver of certain certification or by processor, manufacturer, or converter of tangible personal property, is amended by striking subsection (b) and inserting in its place a new subsection (b) to read as follows:
"(b)(l)(A) If a person who engages in the business of processing, manufacturing, or converting industrial materials into articles of tangible personal property for sale, whether as custom-made or stock items, makes any use of the article of tangible personal property other than retaining, demonstrating, or displaying it for sale, the use shall be deemed a retail sale as of the time the article is first used by such person and its fair market value at the time shall be deemed the sales price of the article, except as otherwise provided in subparagraph (B) of this paragraph. (B) For purposes of subparagraph (A) of this paragraph, the fair market value of any carpet sample shall be equal to 21.9 percent of the total raw material cost of the sample, except that the fair market value of a sample of carpet that is manufactured exclusively for commercial use shall be equal to 1 percent of the total raw material cost of the sample.

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(2) If the sole use of the article other than retaining, demonstrating, or displaying it for sale is the rental of the article while holding it for sale, the processor, manufacturer, or converter may elect to treat the amount of the rental charged rather than the fair market value of the article as its sales price."
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 3 0,2003.
COMMERCE AND TRADE - GEO. E. SMITH II GEORGIA WORED CONGRESS CENTER AUTHORITY OVERVIEW COMMITTEE.
No. 96 (House Bill No. 225).
AN ACT
To amend Article 2 of Chapter 9 of Title 10 of the Official Code of Georgia Annotated, relating to the Geo. E. Smith II Georgia World Congress Center Authority Overview Committee, so as to change certain provisions relating to the creation, composition, officers, and duties of the committee; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAE ASSEMBEY OF GEORGIA:
SECTION 1. Article 2 of Chapter 9 of Title 10 of the Official Code of Georgia Annotated, relating to the Geo. E. Smith II Georgia World Congress Center Authority Overview Committee, is amended by striking Code Section 10-9-20, relating to the creation, composition, officers, and duties of the committee, and inserting in lieu thereof the following:
"10-9-20. There is created as a joint committee of the General Assembly the Geo. E. Smith II Georgia World Congress Center Authority Overview Committee to be composed of five members of the House of Representatives appointed by the Speaker of the House, one of whom shall be a member of the minority party, five members of the Senate appointed by the Senate Committee on Assignments, one of whom shall be a member of the minority party, the chairperson of the House Committee on Economic Development and Tourism or his or her designee, and

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the chairperson of the Senate Economic Development and Tourism Committee or his or her designee. The members of the committee shall serve two-year terms concurrent with their terms as members of the General Assembly. The chairperson of the committee shall be appointed by the Senate Committee on Assignments from the membership of the committee, and the vice chairperson of the committee shall be appointed by the Speaker of the House from the membership of the committee. The chairperson and vice chairperson shall serve terms of two years concurrent with their terms as members of the General Assembly. Vacancies in an appointed member's position or in the offices of chairperson or vice chairperson of the committee shall be filled for the unexpired term in the same manner as the original appointment. The committee shall periodically inquire into and review the operations of the Geo. L. Smith II Georgia World Congress Center Authority, as well as periodically review and evaluate the success with which the authority is accomplishing its statutory duties and functions as provided in this chapter."
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 30, 2003.
CRIMES - INSURANCE FRAUD; RACKETEERING.
No. 97 (House Bill No. 236).
AN ACT
To amend Code Section 16-14-3 of the Official Code of Georgia Annotated, relating to definitions, so as to include insurance fraud within the definition of racketeering activity under the "Georgia RICO (Racketeer Influenced and Corrupt Organizations) Act"; to provide for related matters; to amend Chapter 1 of Title 33 of the Official Code of Georgia Annotated, relating to general provisions of insurance, so as to clarify definitions relating to insurance fraud; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAE ASSEMBLY OF GEORGIA:

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SECTION 1. Code Section 16-14-3 of the Official Code of Georgia Annotated, relating to definitions, is amended by striking subparagraph (A) of paragraph (9) and inserting in lieu thereof a new subparagraph (A) to read as follows:
"(A) 'Racketeering activity' means to commit, to attempt to commit, or to solicit, coerce, or intimidate another person to commit any crime which is chargeable by indictment under the following laws of this state:
(i) Article 2 of Chapter 13 of this title, relating to controlled substances; (ii) Article 3 of Chapter 13 of this title, known as the 'Dangerous Drugs Act'; (iii) Subsection (j) of Code Section 16-13-30, relating to marijuana; (iv) Article 1 of Chapter 5 of this title, relating to homicide; (v) Article 2 of Chapter 5 of this title, relating to bodily injury and related offenses; (vi) Articles 3 and 4 of Chapter 7 of this title, relating to arson and destructive devices, respectively; (vii) Code Section 16-7-1, relating to burglary; (viii) Code Section 16-9-1, relating to forgery in the first degree; (ix) Article 1 of Chapter 8 of this title, relating to theft; (x) Article 2 of Chapter 8 of this title, relating to robbery; (xi) Code Sections 16-6-9 through 16-6-12 and 16-6-14, relating to prostitution and pandering; (xii) Code Section 16-12-80, relating to distributing obscene materials; (xiii) Code Section 16-10-2, relating to bribery; (xiv) Code Section 16-10-93, relating to influencing witnesses; (xv) Article 4 of Chapter 10 of this title and Code Sections 16-10-20, 16-10-23, 16-10-91, and 16-10-95, relating to perjury and other falsifications; (xvi) Code Section 16-10-94, relating to tampering with evidence; (xvii) Code Section 16-12-22, relating to commercial gambling; (xviii) Code Section 3-3-27, relating to distilling or making liquors; (xix) Part 2 of Article 4 of Chapter 11 of this title, known as the 'Georgia Firearms and Weapons Act'; (xx) Code Section 16-8-60, relating to unauthorized transfers and reproductions of recorded material; (xxi) Code Section 10-5-24, relating to violations of the 'Georgia Securities Act of 1973'; (xxii) Code Section 3-3-27, relating to the unlawful distillation, manufacture, and transportation of alcoholic beverages; (xxiii) Code Sections 16-9-31,16-9-32, 16-9-33, and 16-9-34, relating to the unlawful use of financial transaction cards; (xxiv) Code Section 40-3-90, relating to certain felonies involving certificates of title, security interest, or liens concerning motor vehicles; (xxv) Code Section 40-4-21, relating to removal or falsification of identification numbers;

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(xxvi) Code Section 40-4-22, relating to possession of motor vehicle parts from which the identification has been removed; (xxvii) Code Section 16-9-70, relating to use of an article with an altered identification mark; (xxviii) Article 6 of Chapter 9 of this title, known as the 'Georgia Computer Systems Protection Act'; (xxix) Any conduct defined as 'racketeering activity' under 18 U.S.C. Section 1961 (1)(A), (B), (C), and (D); (xxx) Article 3 of Chapter 5 of this title, relating to kidnapping, false imprisonment, and related offenses, except for Code Section 16-5-44, relating to aircraft hijacking; (xxxi) Code Section 16-11-37, relating to terroristic threats and acts; (xxxii) Code Section 16-5-44.1, relating to motor vehicle hijacking; (xxxiii) Code Section 16-10-32, relating to tampering with witnesses, victims, or informants; (xxxiv) Code Section 16-10-97, relating to intimidation of grand or petit juror or court officer; (xxxv) Article 11 of Chapter 1 of Title 7 and Sections 5311 through 5330 of Title 31 of the United States Code relating to records and reports of currency transactions; (xxxvi) Article 8 of Chapter 9 of this title, relating to identity fraud, and Section 1028 of Title 18 of the United States Code, relating to fraudulent identification documents and information; or (xxxvii) Code Section 33-1-9, relating to insurance fraud."
SECTION 1.1. Chapter 1 of Title 33 of the Official Code of Georgia Annotated, relating to general provisions of insurance, is amended by adding a new paragraph (4.1) to Code Section 33-1-2, relating to definitions, to read as follows:
"(4.1) 'Natural person' means an individual human being and does not include any firm, partnership, association, corporation, or trust."
SECTION 1.2. Said chapter is further amended by striking subsection (c) of Code Section 33-1-9, relating to insurance fraud, venue, and penalties, and inserting in lieu thereof the following:
"(c) A natural person convicted of a violation of subsection (a) of this Code section shall be guilty of a felony and shall be punished by imprisonment for not less than two nor more than ten years, or by a fine of not more than $10,000.00, or both."
SECTION 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

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SECTION 3. All laws and parts of laws in conflict with this Act are repealed.
Approved May 30, 2003.
LOCAL GOVERNMENT - DEVELOPMENT AUTHORITIES; JOINT AUTHORITIES; SPORTS
FACILITIES AND AMPHITHEATERS.
No. 100 (House Bill No. 309).
AN ACT
To amend Chapter 62 of Title 36 of the Official Code of Georgia Annotated, relating to development authorities, so as to revise a definition; to authorize the creation and activation of a joint development authority for a county of this state and a contiguous county of an adjoining state; to provide that sports facilities and amphitheaters are authorized as projects for development authorities in certain circumstances; to permit an authority or political subdivision to operate certain sports facilities and amphitheaters; 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 62 of Title 36 of the Official Code of Georgia Annotated, relating to development authorities, is amended in Code Section 36-62-2, relating to definitions, by striking subparagraph (H) of paragraph (6) and inserting in lieu thereof the following:
"(H) The acquisition, construction, improvement, or modification of any property, real or personal, which shall be suitable for or used as or in connection with:
(i) Sports facilities, including private training and related office and other facilities when authorized by the governing authority of the political subdivision or municipal corporation in which the facility is to be constructed and maintained if such sports facilities promote trade, commerce, industry, and employment opportunities by hosting regional, state-wide, or national events; (ii) Convention or trade show facilities; (iii) Airports, docks, wharves, mass commuting facilities, parking facilities, or storage or training facilities directly related to any of the foregoing; (iv) Facilities for the local furnishing of electric energy or gas;

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(v) Facilities for the furnishing of water, if available, on reasonable demand to members of the general public; (vi) Hotel and motel facilities for lodging which also may provide meals, provided that such facilities are constructed in connection with and adjacent to convention, sports, or trade show facilities. No project as defined by this division shall be exempt from any ad valorem taxation; and (vii) Amphitheaters with seating capacity exceeding 1,000 patrons and any facilities directly related to the operation of such amphitheaters, if such amphitheaters promote trade, commerce, industry, and employment opportunities by hosting regional, state-wide, or national events;".
SECTION 2. Said chapter is further amended in Code Section 36-62-5.1, relating to joint development authorities, by striking subsection (a) and inserting in lieu thereof the following:
"(a) By proper resolution of the local governing bodies, an authority may be created and activated by:
(1) Any two or more municipal corporations; (2) Any two or more counties; (3) One or more municipal corporations and one or more counties; or (4) Any county in this state and any contiguous county in an adjoining state."
SECTION 3. Said chapter is further amended by striking Code Section 36-62-7, relating to the prohibition of operation of projects by the authority or a political subdivision and the sale or lease of a project for operation, and inserting in lieu thereof the following:
"36-62-7.
No project acquired under this chapter shall be operated by an authority or any municipal corporation, county, or other governmental subdivision. Such a project shall be leased or sold to, or managed by, one or more persons, firms, or private corporations. Any disposition of real property by an authority pursuant to paragraph (7) of Code Section 36-62-6 shall be made to one or more persons, firms, corporations, or governmental or public entities. If revenue bonds or other obligations are to be issued to pay all or part of the cost of the project, the project must be so leased or the contract for its sale or management must be entered into prior to or simultaneously with the issuance ofthe bonds or obligations; provided, however, that the acquisition and development of land by an authority as the site for an industrial park as provided in this chapter or the acquisition and development of land by an authority as the site for a sports facility or amphitheater in accordance with Code Section 36-62-2 and the operation of such a sports facility or amphitheater shall not be deemed to be the operation of a project and, notwithstanding anything in this chapter to the contrary, an authority shall not be required to enter into a lease of such a project or a contract for its sale or management as a condition to the issuance of bonds or other obligations of the authority to provide financing therefor. If sold, the purchase price may be paid

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at one time or in installments falling due over not more than 40 years from the date of transfer of possession. The lessee or purchaser shall be required to pay all costs of operating and maintaining the leased or purchased property and to pay rentals or installments in amounts sufficient to pay the principal of and the interest and premium, if any, on all of its bonds and other obligations as such principal and interest become due. If the project is managed, the management contract must contain a term not less than the final maturity date of any bonds or other obligations of the authority to provide financing for the managed project and must provide that all costs of operating and maintaining the managed project, including all management fees payable under the management contract, shall be paid solely from the revenues of the managed project and from the proceeds of any bonds or other obligations of the authority to provide financing for the managed project. Any such management contract may contain provisions allowing the authority to terminate the management contract, but if the authority exercises any right to terminate a management contract, it must immediately enter into another management contract meeting the requirements of this Code section."
SECTION 4. All laws and parts of laws in conflict with this Act are repealed.
Approved May 30, 2003.
DEBTOR AND CREDITOR - DEBT ADJUSTMENT; CHARGES; INSURANCE; TRUST ACCOUNTS.
No. 103 (House Bill No. 385).
AN ACT
To amend Chapter 5 of Title 18 of the Official Code of Georgia Annotated, relating to debt adjustment, so as to limit the maximum charge that may be imposed for the provision of debt adjustment services; to provide for definitions; to provide for exemptions from those provisions related to debt adjustment; to require persons engaged in debt adjusting to obtain an annual audit of all accounts and to maintain a certain amount and type of insurance coverage; to provide for the disbursement of a debtor's funds within 30 days of receipt; to require persons engaged in debt adjusting to maintain trust accounts for debtors' funds; to provide for civil and criminal violations and penalties; to provide for investigation and enforcement; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

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SECTION 1. Chapter 5 of Title 18 of the Official Code of Georgia Annotated, relating to debt adjustment, is amended by striking Code Section 18-5-1, relating to definitions, and inserting in its place the following:
"18-5-1.
As used in this chapter, the term: (1) 'Debt adjusting' means doing business in debt adjustments, budget counseling, debt management, or debt pooling service or holding oneself out, by words of similar import, as providing services to debtors in the management of their debts and contracting with a debtor for a fee to: (A) Effect the adjustment, compromise, or discharge of any account, note, or other indebtedness of the debtor; or (B) Receive from the debtor and disburse to his or her creditors any money or other thing of value. (2) 'Person' means an individual, corporation, partnership, trust, association, or other legal entity. (3) 'Resides' means to live in a particular place, whether on a temporary or permanent basis."
SECTION 2. Said chapter is further amended by striking Code Section 18-5-2, relating to the prohibition of debt adjusting, and inserting in its place the following:
"18-5-2.
In the course of engaging in debt adjusting, it shall be unlawful for any person to accept from a debtor who resides in this state, either directly or indirectly, any charge, fee, contribution, or combination thereof in an amount in excess of 7.5 percent of the amount paid monthly by such debtor to such person for distribution to creditors of such debtor; provided, however, no provision of this chapter shall prohibit any person, in the course of engaging in debt adjusting, from imposing upon a debtor who resides in this state a reasonable and separate charge or fee for insufficient funds transactions."
SECTION 3. Said chapter is further amended by striking Code Section 18-5-3, relating to exemption for incidental debt adjustment in the practice of law, and inserting in its place the following:
"18-5-3.
Nothing in this chapter shall apply to those situations involving debt adjusting incurred in the practice of law in this state. Nothing in this chapter shall apply to those persons or entities who incidentally engage in debt adjustment to adjust the indebtedness owed to said person or entity. Nothing in this chapter shall apply to the following entities or their subsidiaries: the Federal National Mortgage Association; the Federal Home Loan Mortgage Corporation; a bank, bank holding company, trust company, savings and loan association, credit union, credit card bank, or savings bank that is regulated and supervised by the Office of the Comptroller of the Currency, the Office of Thrift Supervision, the Federal

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Reserve, the Federal Deposit Insurance Corporation, the National Credit Union Administration, or the Georgia Department of Banking and Finance; or persons as defined in Code Section 7-3-3 operating under Chapter 3 of Title 7, the 'Georgia Industrial Loan Act.'"
SECTION 4. Said chapter is further amended by adding a new Code Section 18-5-3.1 to read as follows:
"18-5-3.1.
(a) Any person engaged in debt adjusting for debtors residing in this state shall meet the following annual requirements:
(1) Obtain from an independent third party certified public accountant an annual audit of all accounts of such person in which the funds of debtors are deposited and from which payments are made to creditors on behalf of debtors. A copy of the summary results of such annual audit shall be made available upon written request to any party so requesting a copy for a charge not to exceed the cost of the reproduction of the annual audit; and (2) Obtain and maintain at all times insurance coverage for employee dishonesty, depositor's forgery, and computer fraud in an amount not less than the greater of $100,000.00 or 10 percent of the monthly average for the immediately preceding six months of the aggregate amount of all deposits made with such person by all debtors. The deductible on such coverage shall not exceed 10 percent of the face amount of the policy coverage. Such policy shall be issued by a company rated at least 'A-' or its equivalent by a nationally recognized rating organization and such policy shall provide for 30 days' advance written notice of termination of the policy to be provided to the Governor's Office of Consumer Affairs. (b) A copy of the annual audits and insurance policies required by this Code section shall be filed annually with the Governor's Office of Consumer Affairs. (c) The Governor's Office of Consumer Affairs shall act as a repository for the audits, insurance, and termination notices furnished to such office pursuant to this Code section. No oversight responsibility shall be imposed upon such office by virtue of its receipt of such documents."
SECTION 5. Said chapter is further amended by adding a new Code Section 18-5-3.2 to read as follows:
"18-5-3.2.
(a) Any person engaged in debt adjusting shall disburse to the appropriate creditors all funds received from a debtor, less any fees authorized by this chapter, within 30 days of receipt of such funds. (b) Any person engaged in debt adjusting shall maintain a separate trust account for the receipt of any and all funds from debtors and the disbursement of such funds on behalf of debtors."

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SECTION 6. Said chapter is further amended by striking Code Section 18-5-4, relating to penalties for engaging in business of debt adjusting, and inserting in its place the following:
"18-5-4. (a) Any person who engages in debt adjusting in violation of this chapter shall be guilty of a misdemeanor. (b) Without limiting the applicability of subsection (a) of this Code section:
(1) Any person who engages in debt adjusting in violation of the provisions of Code Section 18-5-3.1 or subsection (b) of Code Section 18-5-3.2 shall further be liable for a civil fine of not less than $50,000.00; and (2) Any person who engages in debt adjusting in violation of the provisions of Code Section 18-5-2 or subsection (a) of Code Section 18-5-3.2 shall further be liable to the debtor in an amount equal to the total of all fees, charges, or contributions paid by the debtor plus $5,000.00. Such debtor shall have the right to bring a cause of action directly against such person for violation of the provisions of this chapter. (c) The Attorney General and prosecuting attorneys shall have the authority to conduct the criminal prosecution of all cases arising under this chapter and to conduct civil prosecution of cases arising under this chapter. (d) A violation of Code Section 18-5-2, 18-5-3.1, or 18-5-3.2 shall additionally be a violation of the 'Fair Business Practices Act of 1975.'"
SECTION 7. This Act shall become effective July 1, 2003.
SECTION 8. All laws and parts of laws in conflict with this Act are repealed.
Approved May 30, 2003.
DOMESTIC RELATIONS - CHILD ABUSE PROTOCOLS.
No. 105 (House Bill No. 479).
AN ACT
To amend Chapter 15 of Title 19 of the Official Code of Georgia Annotated, relating to child abuse, so as to provide for the adoption of a child abuse protocol that is not inconsistent with the policies and procedures of the Division of Family and Children Services of the Department of Human Resources; to change provisions relating to the county multiagency child fatality review committee and chairperson thereof; to change provisions relating to the membership and powers

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of the Georgia Child Fatality Panel; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION .5. Chapter 15 of Title 19 of the Official Code of Georgia Annotated, relating to child abuse, is amended by striking subsection (e) of Code Section 19-15-2, relating to child abuse protocol committee, written child abuse protocols, and training of members, and inserting in its place the following:
"(e) The protocol committee shall adopt a written child abuse protocol which shall be filed with the Division of Family and Children Services of the Department of Human Resources and the Georgia Child Fatality Review Panel, a copy of which shall be furnished to each agency in the county handling the cases of abused children. The protocol shall be a written document outlining in detail the procedures to be used in investigating and prosecuting cases arising from alleged child abuse and the methods to be used in coordinating treatment programs for the perpetrator, the family, and the child. The protocol shall also outline procedures to be used when child abuse occurs in a household where there is violence between past or present spouses, persons who are parents of the same child, parents and children, stepparents and stepchildren, foster parents and foster children, or other persons living or formerly living in the same household. The protocol adopted shall not be inconsistent with the policies and procedures of the Division of Family and Children Services of the Department of Human Resources."
SECTION 1. Said chapter is further amended by striking subsections (a), (c), and (d) of Code Section 19-15-3, relating to the county multiagency child fatality review committee, and inserting in their respective places the following:
"(a)( 1) Each county shall establish a local multidisciplinary, multiagency child fatality review committee as provided in this Code section. The chief superior court judge of the circuit in which the county is located shall establish a child fatality review committee composed of, but not limited to, the following members:
(A) The county medical examiner or coroner; (B) The district attorney or his or her designee; (C) A county department of family and children services representative; (D) A local law enforcement representative; (E) The sheriff or county police chief or his or her designee; (F) A juvenile court representative; (G) A county board of health representative; and (H) A county mental health representative. (2) The district attorney or his or her designee shall serve as the chairperson to preside over all meetings."

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"(c) The chief superior court judge shall appoint persons to fill any vacancies on the review committee should the membership fail to do so. (d) If any designated agency fails to carry out its duties relating to participation on the local review committee, the chief superior court judge of the circuit or any superior court judge who is a member of the Georgia Child Fatality Review Panel shall issue an order requiring the participation of such agency. Failure to comply with such order shall be cause for punishment as for contempt of court."
SECTION 2. Said chapter is further amended by striking subsections (c) and (i) and inserting new subsections (c) and (i) and a new subsection at the end of Code Section 19-15-4, relating to the Georgia Child Fatality Review Panel, to read as follows:
"(c) The panel shall be composed as follows: (1) One district attorney appointed by the Governor; (2) One juvenile court judge appointed by the Governor; (3) Two citizen members who shall be appointed by the Governor, who are not employed by or officers of the state or any political subdivision thereof and one of whom shall come from each of the following: (A) a state-wide child abuse prevention organization; and (B) a state-wide childhood injury prevention organization; (4) One forensic pathologist appointed by the Governor; (5) The chairperson of the Board of Human Resources; (6) The director of the Division of Family and Children Services of the Department of Human Resources; (7) The director of the Georgia Bureau of Investigation; (8) The chairperson of the Criminal Justice Coordinating Council; (9) A member of the Georgia Senate appointed by the Lieutenant Governor; (10) A member of the Georgia House of Representatives appointed by the Speaker of the House of Representatives; (11) A local law enforcement official appointed by the Governor; (12) A superior court judge appointed by the Governor; (13) A coroner appointed by the Governor; (14) The Child Advocate for the Protection of Children; (15) The director of the Division of Public Health of the Department of Human Resources; and (16) The director of the Division of Mental Health, Developmental Disabilities, and Addictive Diseases of the Department of Human Resources."
"(i) By January 1 of each calendar year, the panel shall submit a report to the Governor, the Lieutenant Governor, and the Speaker of the House of Representatives regarding the prevalence and circumstances of child fatalities in the state; recommend measures to reduce such fatalities caused by other than natural causes; and address in the report the following issues:
(1) Whether the deaths could have been prevented; (2) Whether the children were known to any state or local agency; (3) The actions, if any, taken by any state or local agency or court; (4) Whether agency or court intervention could have prevented their deaths;

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(5) Whether policy, procedural, regulatory, or statutory changes are called for as a result of these findings; and (6) Whether any referral should have been made to a law enforcement agency which was not made." "(k) The panel shall have the authority to obtain from any superior court judge of the county or circuit for which the matter is pending a subpoena to compel the production of documents or attendance of witnesses if the county multiagency child fatality review committee has not exercised its authority to subpoena the documents or witnesses as provided in paragraph (3) of subsection (k) of Code Section 19-15-3; provided, however, if a superior court judge has previously ruled that the records or witnesses are not necessary to the fatality review at issue, such finding shall be conclusive on the issuance of the subpoena."
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.
Approved May 30, 2003.
EDUCATION - PROFESSIONAL STANDARDS COMMISSION; CERTIFICATION OF PERSONNEL; EXAMINATION EXEMPTIONS; PARAPROFESSIONALS AND AIDES.
No. 107 (House Bill No. 590).
AN ACT
To amend Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary and secondary education, so as to change certain provisions regarding the regulation of certificated professional personnel; to exempt teachers desiring to transfer to Georgia from other states from certain examinations in certain circumstances; to change certain provisions regarding specific course requirements; to change certain provisions regarding paraprofessionals and aides; 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 20-2-200, relating to regulation of certified professional personnel and inserting in its place new Code Sections 20-2-200 and 20-2-200.1 to read as follows:

____________GEORGIA LAWS 2003 SESSION__________399
"20-2-200.
(a) The Professional Standards Commission shall provide, by regulation, for certifying and classifying all certificated professional personnel employed in the public schools of this state. No such personnel shall be employed in the public schools of this state unless they hold certificates issued by the commission certifying their qualifications and classification in accordance with such regulations. The commission shall establish such number of classifications of other certificated professional personnel as it may find reasonably necessary or desirable for the operation of the public schools; provided, however, that such classifications shall be based only upon academic, technical, and professional training, experience, and competency of such personnel. The commission is authorized to provide for denying a certificate to an applicant, suspending or revoking a certificate, or otherwise disciplining the holder of a certificate for good cause after an investigation is held and notice and an opportunity for a hearing are provided the certificate holder or applicant in accordance with subsection (d) of Code Section 20-2-984.5. The commission shall designate and define the various classifications of professional personnel employed in the public schools of this state that shall be required to be certificated under this Code section. Without limiting the generality of the foregoing, the term 'certificated professional personnel' is defined as all professional personnel certificated by the commission and county or regional librarians. (b) The Professional Standards Commission shall establish rules and regulations for appropriate requirements and procedures to ensure high-quality certification standards for all Georgia educators while facilitating the interstate mobility of out-of-state certified educators.
(1) Requirements established for initial certification applicants new to the profession, to include out-of-state program completers with or without certificates and with no teaching experience, may include, but are not limited to, demonstrated satisfactory proficiency in the following: a test of broad general knowledge; a test of specific subject matter content or other professional knowledge appropriate to the applicant's field of certification; computer skill competency; standards of ethical conduct; and course work in the identification and education of children who have special educational needs. (2) Requirements established for holders of valid, professional out-of-state certificates applying for their first Georgia certificate may include, but are not limited to the following: computer skill competency; course work in the identification and education of children who have special educational needs; recency of study; and standards of ethical conduct. These requirements may be completed during the validity period ofthe first Georgia certificate. At the time of application for the first Georgia certificate, satisfactory proficiency in subject matter content appropriate to the applicant's field of certification may be determined based on Professional Standards Commission approved tests or combinations of successful teaching experience and academic, technical, and professional preparation as outlined in rules of the Professional Standards Commission.

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(3) Requirements for certification renewal shall be established to foster on going professional learning, enhance student achievement, and verify standards of ethical conduct. Such requirements may include, but are not limited to, professional learning related to school improvement plans or the applicant's field of certification and background checks. Individuals holding a valid Georgia life certificate or a valid National Board for Professional Teaching Standards certificate shall be deemed to have met state renewal requirements except those related to background checks. (4) Requirements designating approved in-field assignment standards appropriate to the applicant's field of certification shall be established to ensure that educators are assigned to those areas for which they are properly prepared. These standards may be determined based on reviews of state approved curriculum courses, state approved preparation programs, and designated certificate fields. (c) An individual who has received two unsatisfactory annual performance evaluations in the previous five-year period pursuant to Code Section 20-2-210 shall not be entitled to a renewable certificate prior to demonstrating that such performance deficiency has been satisfactorily addressed, but such individual may apply to the commission for a nonrenewable certificate. (d) No applicant who is under review by the commission shall be allowed to withdraw his or her application for a certificate, permit, or other certification document without the written consent of the commission. The commission shall retain its authority over those applicants to proceed with the denial of the certificate, permit, or other certification document upon any ground provided by law, or to enter an order denying the certificate, permit, or other certification document upon any ground provided by law. The suspension or expiration of any certificate, permit, or certification document, or its surrender without the written consent of the commission, shall not deprive the commission of its authority to do any of the following: (1) Institute or continue a disciplinary proceeding against the holder of a certificate, permit, or other certification document upon any ground provided by law; (2) Enter an order suspending or revoking the certificate, permit, or other certification document; or (3) Issue an admonition to the holder of a certificate, permit, or other certification document. (e)( 1) The Professional Standards Commission shall charge the following fees to persons who file applications with the commission under its regulations adopted pursuant to the authority of this Code section:
(A) For an applicant for initial certification who is not currently employed in Georgia public or private schools ............... $ 20.00
(B) For an applicant for initial certification who is not a graduate of an accredited education program from a Georgia college or university ............................................ 20.00

____________GEORGIA LAWS 2003 SESSION__________401
(C) For an applicant for a higher certificate when the applicant then holds a Georgia certificate but who is not currently employed in Georgia public or private schools ......................... 20.00
(D) For an applicant for a certificate which adds a field or which endorses a certificate but who is not currently employed in Georgia public or private schools ................................ 20.00
(E) For an applicant for a conditional certificate ............. 20.00
(F) For an applicant for the renewal of any certificate if the applicant is not currently employed by a public or private school in Georgia ............................................. 20.00
(G) For evaluating transcripts where certificates are not issued and for issuing duplicate copies of certificates ................... 20.00
(2) The fees provided for in paragraph (1) of this subsection shall be paid by an applicant by cashier's check or money order as a condition for filing the application. (3) The fees provided for in this subsection shall be paid by the commission into the general funds of the state. The commission shall adopt regulations to carry out the provisions of this subsection. (f) As used in this part, unless the context indicates otherwise, the term 'commission' means the Professional Standards Commission established under Part 10 of Article 17 of this chapter. The commission shall not require a teacher from another state desiring to transfer to this state to take a test of specific subject matter or a test of broad general knowledge to obtain a renewable certificate if such teacher: (1) Holds a valid, professional state educator's certificate or license from a state that is a party to the National Association of State Directors of Teacher Education and Certification Interstate Contract; and (2) Has a minimum of five years of satisfactory appraisals or ratings on any annual performance evaluations."
SECTION 2. Said chapter is further amended by striking Code Section 20-2-201, relating to specific course requirements, and inserting in its place a new Code Section 20-2-201 to read as follows:
"20-2-201. (a) Universities and colleges having teacher preparation programs for grades pre-kindergarten through 12 shall require students in such programs to be proficient in computer and other instructional technology applications and skills including understanding desktop computers, their applications, integration with teaching and curriculum, and their utilization for individualized instruction and classroom management. There shall be a test to assess the proficiency of students

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enrolled in teacher preparation programs in computer and other instructional technology applications and skills. (b) Each local unit of administration shall be required to provide all professional personnel certificated by the Professional Standards Commission 12 clock hours of in-service or continuing education in each calendar year, or meet requirements of the Southern Association of Colleges and Schools. Such in-service programs shall be developed by the local unit of administration in conjunction with such agencies as regional educational service agencies, colleges and universities, and other appropriate organizations. These programs shall be designed to address identified needs determined by appropriate personnel evaluation instruments. These programs shall also focus on improving the skills of certificated personnel that directly relate to improving student achievement. Records of attendance shall be maintained by local units of administration and shall be monitored by appropriate Department of Education staff."
SECTION 3. Said chapter is further amended by striking Code Section 20-2-204, relating to paraprofessionals and aides, and inserting in its place a new Code Section 20-2-204 to read as follows:
"20-2-204.
fa) As used in this Code section, the term: (1) 'ParaprofessionaF is defined as a person who may have less than professional-level certification, who relates in role and function to a professional and does a portion of the professional's job or tasks under the supervision of the professional, and whose decision-making authority is limited and regulated by the professional. Such a paraprofessional shall possess the minimum of a high school diploma or a general educational development (GED) diploma. If assigned to positions governed by federal regulations, the paraprofessional must meet specified federal hiring requirements. (2) 'Permitted personnel' is defined as persons who may not qualify for professional certificates, including retired teachers, but who function in the educational programs in the same manner as certificated personnel. Such personnel qualify for their positions on the basis of experience rather than formal education.
(b) The Professional Standards Commission shall provide for the classification of all certified and permitted personnel employed in the public schools of this state, and no such personnel shall be employed in the public schools of this state unless they meet such minimum criteria as developed by the commission; provided, however, that such classifications shall be based only upon academic, technical, and professional training and experience of such personnel. The commission is authorized to provide for revoking or denying a certificate or permit for good cause after an investigation is conducted and notice and hearing is provided the certificate or permit holder."

____________GEORGIA LAWS 2003 SESSION__________403
SECTION 4. All laws and parts of laws in conflict with this Act are repealed.
Approved May 30, 2003.
ROBERT HENRY JORDAN MEMORIAL HIGHWAY; DESIGNATED.
No. 164 (House Resolution No. 25).
A RESOLUTION
Commending Robert Henry Jordan; designating the Robert Henry Jordan Memorial Highway; and for other purposes.
WHEREAS, Honorable Robert Henry Jordan was born in Talbotton, Georgia, on February 6, 1916; and
WHEREAS, he was a graduate of Georgia Southwestern College, received his law degree from the University of Georgia School of Law, and served with honor with the U.S. Army from 1941 to 1945 when he was discharged with the rank of major; and
WHEREAS, he began his distinguished legal career in Talbotton where he practiced law from 1945 until 1960 and was elected to the Senate where he served from 1953 to 1954 and again from 1959 to 1960, during which time he served as President Pro Tem of the Senate and Chairman of the Senate Judiciary Committee; and
WHEREAS, from 1960 to 1972, this outstanding legal scholar served on the Georgia Court of Appeals before moving on to the Supreme Court of Georgia where he served as a Justice from 1972 to 1980 and Chief Justice from 1980 to 1982;and
WHEREAS, he was a member of the Judicial Council of Georgia, the American Bar Association, the State Bar of Georgia, the American Judicature Society, and Phi Delta Phi Legal Fraternity; and
WHEREAS, from 1959 to 1960, this highly respected public servant was a member of the State Highway Board, thus having served in all three branches of state government; and
WHEREAS, he was the author of There was a Land - A History ofTalbot County and coauthor of Courthouses in Georgia - 1825-1983; and

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WHEREAS, he was a devoted husband to his wife Jean; a loving father to Barbara, David, and William; and a proud grandfather of seven and great-grandfather of five; and
WHEREAS, he was a lifelong member of the Talbotton Baptist Church where he served as a deacon; and
WHEREAS, in recognition and tribute to the exemplary public service of Robert Henry Jordan, it is most fitting that the State of Georgia perpetuate his name in an appropriate fashion.
NOW, THEREFORE, BE IT RESOEVED BY THE GENERAL ASSEMBLY OF GEORGIA that the portion of U.S. Highway 80 from downtown Talbotton, Georgia, east to the Taylor County line is designated as the Robert Henry Jordan Memorial Highway.
BE IT FURTHER RESOLVED that the Department of Transportation is authorized and directed to place and maintain appropriate markers designating the Robert Henry Jordan Memorial Highway.
BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is authorized and directed to transmit appropriate copies of this resolution to the family of Honorable Robert Henry Jordan and to the commissioner of transportation.
Approved May 31, 2003.
SUPREME COURT OF GEORGIA; AUTHORITY; QUESTIONS OF LAW.
Proposed Amendment to the Constitution.
No. 165 (House Resolution No. 68).
A RESOLUTION
Proposing an amendment to the Constitution so as to provide that the Supreme Court shall have jurisdiction over questions of law from any state appellate or federal district or appellate court; 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 2003 SESSION___________405
SECTION 1. Article VI, Section VI of the Constitution is amended by striking Paragraph IV and inserting in lieu thereof a new Paragraph IV to read as follows:
"Paragraph IV. Jurisdiction over questions of law from state appellate or federal district or appellate courts. The Supreme Court shall have jurisdiction and authority to answer any question of law from any state appellate or federal district or appellate court."
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 Supreme Court shall have jurisdiction and authority to answer questions of
NO ( ) law from any state appellate or federal district or appellate court?" 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 31, 2003.
STATE GOVERNMENT - REGIONAL DEVELOPMENT CENTER BOUNDARIES.
No. 166 (House Resolution No. 266).
A RESOLUTION
Ratifying the change of regional development center boundaries established by the Board of Community Affairs; to provide for an effective date; and for other purposes.
WHEREAS, subsection (f) of Code Section 50-8-4 of the O.C.G.A. authorizes the Board of Community Affairs to determine and establish, from time to time, the territorial boundaries for the region of operation by each regional development center, and further provides that any action of the board changing the boundaries of a regional development center shall not become effective until ratified by a joint resolution of the General Assembly; and
WHEREAS, the Board of Community Affairs has adopted procedures governing regional development center boundary changes and these procedures provide that

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the board may change regional development center boundaries as it deems appropriate; and
WHEREAS, the Board of Community Affairs at its February 12, 2003, meeting voted to transfer the County of Berrien from the South Georgia Regional Development Center to the Southeast Georgia Regional Development Center, effective July 1, 2003; and
WHEREAS, the request for legislative ratification of said transfer has been submitted to the General Assembly in accordance with subsection (f) of Code Section 50-8-4 of the O.C.G.A. and it is the desire of the General Assembly to ratify and approve such transfer.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the Board of Community Affairs' action to transfer the County of Berrien from the South Georgia Regional Development Center to the Southeast Georgia Regional Development Center, effective July 1, 2003, is hereby ratified and approved.
BE IT FURTHER RESOLVED that the Department of Community Affairs is authorized to undertake and carry out all activities necessary to implement this change in regional development center boundaries.
BE IT FURTHER RESOLVED that this resolution shall become effective upon its approval by the Governor or upon its becoming law without such approval.
Approved May 31,2003.
EDUCATION - TEACHERS; FORFEITED SICK AND PERSONAL LEAVE.
No. 167 (House Bill No. 25).
AN ACT
To amend Code Section 20-2-850 of the Official Code of Georgia Annotated, relating to sick and personal leave for teachers and other personnel, so as to provide for restoration of certain forfeited sick and personal leave after return to service for two consecutive years; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

_____________GEORGIA LAWS 2003 SESSION___________407
SECTION 1. Code Section 20-2-850 of the Official Code of Georgia Annotated, relating to sick and personal leave for teachers and other personnel, is amended by striking subsection (b) and inserting in lieu thereof the following:
"(b)( 1) Any unused sick and personal leave accumulated by personnel pursuant to subsection (a) of this Code section shall be credited to such personnel and shall be transferred when there is a change in the employment of such personnel from one local board of education to another or from a local board of education to an unclassified position in the Department of Education, but no local board of education shall be required to transfer funds to another, nor shall the State Board of Education provide funds to a local unit of administration beyond those authorized by subsection (g) of Code Section 20-2-182 to finance the potential or actual cost incurred by a local unit of administration through the employment of personnel transferring accumulated unused sick and personal leave. Any accumulated unused sick and personal leave credited to personnel shall be forfeited if such personnel withdraw from service for a period of 12 or more consecutive months, unless the withdrawal from service is for educational leave to seek a higher level or different field of certification and provided that the withdrawal from service for this purpose is for no longer than 24 consecutive months. Any personnel who forfeit such accumulated sick and personal leave as required under this subsection shall be entitled to regain such accumulated sick and personal leave after such personnel have returned to service for a period of two consecutive years. (2) Any unused sick and personal leave accumulated by personnel employed by the Department of Education shall be credited to such personnel and shall be transferred when there is a change in the employment of such personnel from the Department of Education to a local board of education, but the State Board of Education shall not be required to provide funds to a local unit of administration beyond those authorized by subsection (g) of Code Section 20-2-182 to finance the potential or actual cost incurred by a local unit of administration through the employment of personnel transferring accumulated unused sick and personal leave as authorized in this paragraph. Any accumulated unused sick and personal leave credited to such personnel shall be forfeited if such personnel withdraw from service for a period of 12 or more consecutive months, unless the withdrawal from service is for educational leave to seek a higher level or different field of certification and provided that the withdrawal from service for this purpose is for no longer than 24 consecutive months. Any personnel who forfeit such accumulated sick and personal leave as required under this subsection shall be entitled to regain such accumulated sick and personal leave after such personnel have returned to service for a period of two consecutive years."
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.
Approved May 31,2003.

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GENERAL ACTS AND RESOLUTIONS, VOL. I

COURTS - ORDINANCE VIOLATIONS; SENTENCING.
No. 168 (House Bill No. 226).
AN ACT
To amend Code Section 15-10-60 of the Official Code of Georgia Annotated, relating to the applicability of the article on violation of ordinances of county and state authorities and imposition of suspended sentences, so as to change provisions relating to sentencing; 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 15-10-60 of the Official Code of Georgia Annotated, relating to the applicability of the article on violation of ordinances of county and state authorities and imposition of suspended sentences, is amended by striking subsection (a) and inserting in lieu thereof the following:
"(a) This article governs trials of violations of county ordinances and ordinances of state authorities, which violations may be punished by incarceration or monetary penalty. Nothing in this chapter shall grant to any county or state authority more authority to enact or enforce such ordinances than the county or state authority has independently of this chapter. The punishment imposed for any ordinance violation shall not exceed a fine of $1,000.00 or six months' imprisonment or both, provided the judge shall probate not less than 120 days of any sentence imposed, except as otherwise provided by general law, and shall not exceed the maximum punishment specified by the ordinance. In the event a sentence is revoked, a defendant shall not serve more than 60 days in a county jail."
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.
Approved May 31, 2003.

____________GEORGIA LAWS 2003 SESSION__________409
RETIREMENT AND PENSIONS - PUBEIC SCHOOE EMPEOYEES; BENEFITS.
No. 169 (House Bill No. 266).
AN ACT
To amend Code Section 47-4-101 of the Official Code of Georgia Annotated, relating to retirement benefits paid upon normal, early, or delayed retirement under the Public School Employees Retirement Fund, so as to provide that, under certain conditions, the board oftrustees ofsuch retirement fund may increase the retirement benefit; to clarify the effect of specific appropriations in amounts less than that required to fund fully the maximum level of benefits; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAE ASSEMBEY OF GEORGIA:
SECTION 1. Code Section 47-4-101 of the Official Code of Georgia Annotated, relating to retirement benefits paid upon normal, early, or delayed retirement under the Public School Employees Retirement Fund, is amended by striking in its entirety subsection (b) and inserting in lieu thereof the following:
"(b)(l) 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 funds expressly intended to fund the benefits provided in this subsection and such amount so appropriated is not sufficient to fund the maximum amount allowable, 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. (2) 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 providing for increases in the retirement allowance paid up to the maximum benefit provided in paragraph (1) of this subsection. Such method shall be based upon:
(A) The recommendation of the actuary of the board of trustees; (B) The maintenance of the actuarial soundness of the fund in accordance with the standards provided in Code Section 47-20-10 or such higher standards as may be adopted by the board; and (C) Such other factors as the board deems relevant."

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SECTION 2. All laws and parts of laws in conflict with this Act are repealed.
Approved May 31, 2003.
RETIREMENT AND PENSIONS - PROBATE JUDGES; BENEFITS; APPLICATIONS.
No. 170 (House Bill No. 270).
AN ACT
To amend Code Section 47-11-70 of the Official Code of Georgia Annotated, relating to eligibility and application for retirement benefits and early retirement under the Judges of the Probate Courts Retirement Fund, so as to provide that if a member submits his or her application for retirement more than 90 days following the date he or she leaves service, benefits shall begin on the first day of the month after such application was submitted; to provide for an exception; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Code Section 47-11-70 of the Official Code of Georgia Annotated, relating to eligibility and application for retirement benefits and early retirement under the Judges ofthe Probate Courts Retirement Fund, is amended by striking in its entirety paragraph (5) of subsection (a) and inserting in lieu thereof the following:
"(5) Filed with the board his or her application for such retirement, on a form to be furnished by the board, within a period of 90 days after reaching the age of 60 years or after termination of his or her official capacity as a judge of a probate court or as an employee of the board, whichever may occur last in point oftime. If the application is filed after such time, the retirement benefits shall become effective on the first day of the month following the date the application is filed unless the failure to file an application was due to a physical or mental disability, in which event the benefits will be paid as if the application had been filed within such 90 day period; and".
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.
Approved May 31, 2003.

_____________GEORGIA LAWS 2003 SESSION___________411
CRIMES - BINGO; ELECTRONIC OR COMPUTER DEVICES.
No. 171 (House Bill No. 279).
AN ACT
To amend Part 2 of Article 2 of Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to bingo, so as to provide for the use of certain electronic or computer devices in playing bingo; to provide for lease of bingo equipment from organizations not licensed to conduct bingo games; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Part 2 of Article 2 of Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to bingo, is amended in Code Section 16-12-51, relating to definitions, by striking paragraph (1) and inserting in lieu thereof the following:
"(1) 'Bingo game' or 'nonprofit bingo game' means a game of chance played on cards with numbered squares in which counters or indicators are placed on numbers chosen by lot and won by covering a previously specified number or order of numbered squares. A bingo game may be played manually or with an electronic or computer device that stores the numbers from a player's card or cards, tracks the numbers chosen by lot when such numbers are entered by the player, and notifies the player of a winning combination. Such words, terms, or phrases, as used in this paragraph, shall be strictly construed to include only the series of acts generally defined as bingo and shall exclude all other activity."
SECTION 2. Said part is further amended in Code Section 16-12-60, relating to rules and regulations, by striking subsection (b) and inserting in lieu thereof the following:
"(b) A licensee shall: (1) Own all the equipment used to conduct a bingo game or lease such equipment; (2) Display its bingo license conspicuously at the location where the bingo game is conducted; (3) Conduct bingo games only at the single location specified in the licensee's application; and (4) Not conduct more than one bingo session during any one calendar day, which session shall not exceed five hours."

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SECTION 3. All laws and parts of laws in conflict with this Act are repealed.
Approved May 31, 2003.
PUBLIC OFFICERS - FORFEITED SICK LEAVE; RESTORATION.
No. 172 (House Bill No. 289).
AN ACT
To amend Code Section 45-20-16 of the Official Code of Georgia Annotated, relating to sick and personal leave for public officers and employees, so as to provide for restoration of certain forfeited sick leave after return to service for two consecutive years; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Code Section 45-20-16 of the Official Code of Georgia Annotated, relating to sick and personal leave for public officers and employees, is amended by redesignating subsection (f) as subsection (g) and inserting a new subsection (f) to read as follows:
"(f) Any nontemporary employee in classified or unclassified service who forfeits accumulated sick leave as a result of withdrawal from employment with the state shall be entitled to regain such accumulated sick leave after such employee returns to state employment and remains in service for a period of two consecutive years."
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.
Approved May 31,2003.

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CIVIL PRACTICE - RESCINDED JUDICIAL OR NONJUDICIAL SALES; DAMAGES.
No. 173 (House Bill No. 301).
AN ACT
To amend Chapter 13 of Title 9 of the Official Code of Georgia Annotated, relating to executions and judicial sales, so as to provide for limitation of damages in civil actions by purchasers for property sold in certain judicial and certain nonjudicial sales that are later rescinded; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Chapter 13 of Title 9 of the Official Code of Georgia Annotated, relating to executions and judicial sales, is amended by inserting a new Code section to be designated Code Section 9-13-172.1 to read as follows:
"9-13-172.1. (a) As used in this Code section, 'eligible sale' means a judicial or nonjudicial sale that was conducted in the ususal manner of a sheriffs sale and that was rescinded by the seller within 30 days after the sale but before the deed or deed under power has been delivered to the purchaser. (b) Upon recision of an eligible sale, the seller shall return to the purchaser, within five days of the recision, all bid funds paid by the purchaser. (c) Where the eligible sale was rescinded due to an automatic stay pursuant to the filing of bankruptcy by a person with an interest in the property, the damages that may be awarded to the purchaser in any civil action shall be limited to the amount of the bid funds tendered at the sale. (d) Where the eligible sale was rescinded due to:
(1) The statutory requirements for the sale not being fulfilled; (2) The default leading to the sale being cured prior to the sale; or (3) The plaintiff in execution and the defendant in execution having agreed prior to the sale to cancel the sale based upon an enforceable promise by the defendant to cure the default, the damages that may be awarded to the purchaser in any civil action shall be limited solely to the amount of the bid funds tendered at the sale plus interest on the funds at the rate of 18 percent annually, calculated daily. Notwithstanding any other provision of law, specific performance shall not be a remedy available under this Code section."
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.
Approved May 31,2003.

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PROFESSIONS AND BUSINESSES - STRUCTURAL PEST CONTROL OPERATORS; INSURANCE.
No. 174 (House Bill No. 307).
AN ACT
To amend Code Section 43-45-9 of the Official Code of Georgia Annotated, relating to examination for certification as a structural pest control operator, evidence from applicants as to employment of qualified operators, and insurance requirements, so as to change certain provisions relating to insurance requirements; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Code Section 43-45-9 of the Official Code of Georgia Annotated, relating to examination for certification as a structural pest control operator, evidence from applicants as to employment of qualified operators, and insurance requirements, is amended by striking subsections (d), (e), and (f) and inserting in lieu thereof the following:
"(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 either an insurance company authorized to do business in this state or a surplus lines broker licensed by the Commissioner of Insurance. 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 of wood-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 either an insurance company authorized to do business in this state or a surplus lines broker licensed by the Commissioner of Insurance. 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 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

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requirements of this Code section are met. The minimum insurance coverages required by this Code section must be maintained during the entire period of time a license is in force. 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 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, (g) At the time of the issuance of any contract for treatment or service, a statement shall appear in the contract, in the same size type as other terms and conditions, stating the following:
The Georgia Structural Pest Control Act' requires all pest control companies to maintain insurance coverage. Information about this coverage is available from this pest control company."
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.
Approved May 31, 2003.
DOMESTIC RELATIONS - MOTOR VEHICLES SUPPORT AWARDS; IV-D ORDERS; DRIVER'S LICENSE APPLICATION.
No. 175 (House Bill No. 319).
AN ACT
To amend Title 19 of the Official Code of Georgia Annotated, relating to domestic relations, so as to provide for a definition of "court order for child support"; to provide for the department to accept applications for IV-D services from noncustodial parent obligors and to review and modify support awards; to provide for a reasonable application fee; to provide for the acceptance of a certification of noneligibility for issuance of a social security number by the Department of Motor Vehicle Safety; to provide for periodic notices to obligors and obligees subject to IV-D child support orders; to provide that a request for review of a child support order shall not be required to demonstrate certain conditions; to provide that the IV-D agency shall not be deemed to represent either the obligee or obligor in a child support modification proceeding; to amend Article 2 of Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to issuance, expiration, and

416_______GENERAL ACTS AND RESOLUTIONS, VOL. I_________
renewal of drivers' licenses, so as to provide for other information to be included in an application for a driver's license; 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 19 of the Official Code of Georgia Annotated, relating to domestic relations, is amended by striking paragraph (1) of Code Section 19-11-3, relating to definitions related to child support recovery, and inserting in its place the following:
"(1) 'Court order for child support' means any order for child support issued by a court or administrative or quasi-judicial entity of this state or another state, including an order in a criminal proceeding which results in the payment of child support as a condition of probation or otherwise. Such order shall be deemed to be a IV-D order for purposes of this article when either party to the order submits a copy of the order for support and a signed application to the department for IV-D services, when the right to child support has been assigned to the department pursuant to subsection (a) of Code Section 19-11 -6, or upon registration of a foreign order pursuant to Article 3 of this chapter."
SECTION 2. Said title is further amended by striking subsection (c) of Code Section 19-11-6, relating to enforcement of child support payments and alimony for public assistance recipients, and inserting in its place the following:
"(c) The department shall accept applications for child support services from any proper party or person notwithstanding the fact that the child or children do not receive public assistance. When made, this application to the department shall constitute an assignment of the right to support to the department and the proceeds of any collections resulting from such application shall be distributed in accordance with the standards prescribed in the federal Social Security Act."
SECTION 3. Said title is further amended by adding following subsection (d) of Code Section 19-11-6, relating to enforcement of child support payments and alimony for public assistance recipients, a new subsection (e) to read as follows:
"(e) The department shall accept applications for IV-D services from noncustodial parent obligors. The department, by virtue of the acceptance of such applications for IV-D services, is authorized to take any action allowed by this chapter including, but not limited to, the review and modification of support awards, whether such awards are modified upward or downward, pursuant to Code Section 19-11-12. The proceeds of any collections resulting from such applications shall be distributed in accordance with the standards prescribed in the federal Social Security Act."

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SECTION 4. Said title is further amended by striking subsection (c) of Code Section 19-11-8, relating to the department's duty to enforce support of abandoned minor public assistance recipient and scope of action, and inserting in its place the following:
"(c) The department shall accept applications from noncustodial parents for services as provided for in this article and federal law and regulations. The department shall provide for a reasonable application fee for a noncustodial parent who applies for services under this subsection. (d) Any action initiated by the department pursuant to subsection (a), (b), or (c) of this Code section shall be limited solely to the issue of support and shall exclude issues of visitation, custody, property settlement, or other similar matters otherwise joinable by the parties."
SECTION 5. Said title is further amended by striking paragraph (1) of subsection (a.l) of Code Section 19-11-9.1, relating to the duty to furnish information about obligor to department, use of information obtained, and penalty for noncompliance, and inserting in its place the following:
"(a. 1)(1) 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 or certification from the Social Security Administration that the applicant is not eligible for issuance of a social security number as part of the application. Notwithstanding the foregoing, nothing in this Code section shall be construed so as to authorize the issuance of any driver's license, permit, or identification card to any person who is not either a United States citizen or an alien with legal authorization from the United States Immigration and Naturalization Service. If the Immigration and Naturalization Service status of such person is terminated or expired, any Georgia driver's license issued to such person shall be revoked. 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 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."
SECTION 6. Said title is further amended by striking paragraph (1) of subsection (b) of Code Section 19-11-12, relating to determination of ability to support, review procedures,

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order adjusting support award amount, and no release from liability due to subsequent financial obligation, and inserting in its place the following:
"(b)(l) The IV-D agency shall periodically give notice to the obligor and obligee who are subject to a IV-D court order for child support, as defined in paragraph (1) of Code Section 19-11-3, of the right of each to request a review of the order by the IV-D agency for possible recommendation for adjustment of such order. Such notification should be provided within 36 months after the establishment of the order or the most recent review; however, failure to provide the notice within 36 months shall not affect the right of either party to request a review nor the right of the IV-D agency to conduct a review and to recommend an adjustment to the order. The notice can be included in the initial order or review recommendation."
SECTION 7. Said title is further amended by striking paragraphs (1) and (3) of subsection (c) of Code Section 19-11-12, relating to determination of ability to support, review procedures, order adjusting support award amount, and no release from liability due to subsequent financial obligation, and inserting in their respective places the following:
"(c)(l) The IV-D agency shall review IV-D court orders for child support, as defined in paragraph (1) of Code Section 19-11-3, for possible modification under this chapter. The review shall be performed upon the written request of either the obligor or obligee, or, if there is an assignment under subsection (a) of Code Section 19-11 -6, upon the request of the IV-D agency or of the obligor or obligee. Exceptions to this procedure are cases where the IV-D agency determines that such a review would not be in the best interest of the child or children involved." "(3) If the request for the review occurs at least 36 months after the last issuance or last review, the requesting party shall not be required to demonstrate a substantial change in circumstances, the need for additional support, or that the needs of the child have decreased. The sole basis for a recommendation for a change in the award of support under this paragraph shall be a significant inconsistency between the existing child support order and the amount of child support which would result from the application of Code Section 19-6-15."
SECTION 8. Said title is further amended by striking paragraph (2) of subsection (d) of Code Section 19-11-12, relating to determination of ability to support, review procedures, order adjusting support award amount, and no release from liability due to subsequent financial obligation, and inserting in its place the following:
"(2) The IV-D agency shall review and, if there is a significant inconsistency between the amount of the existing child support order and the amount of child support which would result from the application of Code Section 19-6-15, the agency shall make a recommendation for an increase or decrease in the amount of an existing order for support. The IV-D agency shall not be deemed to be

____________GEORGIA LAWS 2003 SESSION__________419
representing either the obligee or obligor in a proceeding under this Code section."
SECTION 9. Article 2 of Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to issuance, expiration, and renewal of drivers' licenses, is amended by striking subsection (c) of Code Section 40-5-25, relating to application and fees for drivers' licenses, and inserting in its place the following:
"(c) Every such application shall state the full name, date of birth, sex, and residence address of the applicant; shall briefly describe the applicant; and shall state whether the applicant has theretofore been licensed as a driver and, if so, when and by what state or country', and whether any such license has ever been suspended, revoked, or refused, and, if so, the date of and reason for such suspension, revocation, or refusal; and shall state such other information as the commissioner may require to determine the applicant's identity, competence, and eligibility. The application shall include any other information as required by paragraph (1) of subsection (a.l) of Code Section 19-11-9.1. The department shall not issue a license until a complete examination of the applicant's record has been completed. The commissioner may issue such rules and regulations as shall be necessary for the orderly processing of license applications."
SECTION 10. All laws and parts of laws in conflict with this Act are repealed.
Approved May 31,2003.
PROFESSIONS AND BUSINESSES - NATURAL GAS PIPING SYSTEMS; POSTDEATH BUSINESS OPERATIONS; EXCEPTIONS.
No. 176 (House Bill No. 327).
AN ACT
To amend Chapter 14 of Title 43 of the Official Code of Georgia Annotated, relating to electrical contractors, plumbers, conditioned air contractors, low-voltage contractors, and utility contractors, so as to provide that the term "conditioned air equipment" and the term "plumbing" include natural gas piping systems on the outlet side of the gas meter; to provide for period for certain businesses to continue business operations after the death of the licensee; to provide for exceptions to application of the chapter; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

420______GENERAL ACTS AND RESOLUTIONS, VOL. I_________
SECTION 1. Chapter 14 of Title 43 of the Official Code of Georgia Annotated, relating to electrical contractors, plumbers, conditioned air contractors, low-voltage contractors, and utility contractors, is amended by striking paragraphs (5) and (12) of Code Section 43-14-2, relating to definitions, and inserting in lieu thereof new paragraphs (5) and (12) to read as follows:
"(5) 'Conditioned air equipment' means heating and air-conditioning equipment covered under state codes and the natural gas piping system on the outlet side of the gas meter." "(12) 'Plumbing' means the practice of installing, maintaining, altering, or repairing piping fixtures, appliances, and appurtenances in connection with sanitary drainage or storm drainage facilities, venting systems, medical gas piping systems, natural gas piping systems on the outlet side of gas meters, or public or private water supply systems within or adjacent to any building, structure, or conveyance; provided, however, that after July 1, 1997, only master plumbers and journeyman plumbers who have been certified by the Division of Master Plumbers and Journeyman Plumbers to perform such tasks shall be authorized to install, maintain, alter, or repair medical gas piping systems. The term 'plumbing' also includes the practice of and materials used in installing, maintaining, extending, or altering the natural gas, storm-water, sewerage, and water supply systems of any premises to their connection with any point of public disposal or other acceptable terminal. Notwithstanding any other provision of this chapter, any person who holds a valid master plumbing license or any company which holds a valid utility contractor license shall be qualified to construct, alter, or repair any plumbing system which extends from the property line up to but not within five feet of any building, structure, or conveyance, regardless of the cost or depth of any such plumbing system."
SECTION 2. Said chapter is further amended by striking subsection (h) of Code Section 43-14-8, relating to licensing required for electrical, plumbing, or conditioned air contracting, and inserting in lieu thereof a new subsection (h) to read as follows:
"(h) No partnership, limited liability company, or corporation shall have the right to engage in the business of conditioned air contracting unless there is regularly connected with such partnership, limited liability company, or corporation a person or persons actually engaged in the performance of such business on a full-time basis who have valid licenses issued to them as provided for in this chapter; provided, however, that partners, officers, and employees of the individual who fulfilled the licensing requirements shall continue to be authorized to engage in the business of conditioned air contracting under a license which was valid at the time of the licensee's death for aperiod of 90 days following the date of such death."
SECTION 3. Said chapter is further amended by adding a new subsection (p) to Code Section 43-14-13, relating to the applicability of the chapter, to read as follows:

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"(p) This chapter shall not apply to any employee or authorized agent of a regulated gas utility or municipal owned gas utility while in the course and scope of such employment."
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 31, 2003.
PENAL INSTITUTIONS - PROBATION PAPERS; DECLASSIFICATION.
No. 177 (House Bill No. 339).
AN ACT
To amend Article 2 of Chapter 8 of Title 42 of the Official Code of Georgia Annotated, relating to the state-wide probation system, so as to change certain provisions relating to confidentiality of papers, exemption from subpoena, and declassification; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Article 2 of Chapter 8 of Title 42 of the Official Code of Georgia Annotated, relating to the state-wide probation system, is amended by striking Code Section 42-8-40, relating to confidentiality of papers, exemption from subpoena, and declassification, and inserting in lieu thereof the following:
"42-8-40. All reports, files, records, and papers of whatever kind relative to the state-wide probation system are declared to be confidential and shall be available only to the probation system officials and to the judge handling a particular case. They shall not be subject to process of subpoena. However, the commissioner may by written order declassify any such records."
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.
Approved May 31, 2003.

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PROFESSIONS AND BUSINESSES - LICENSE COMPLAINTS; NOTIFICATION; ATHLETIC TRAINERS; VIOLATIONS.
No. 178 (House Bill No. 352).
AN ACT
To amend Code Section 43-1-19 of the Official Code of Georgia Annotated, relating to grounds for refusing to grant or revoking licenses, so as to provide that complainants shall be notified of the status and disposition of complaints filed against licensees of professional licensing boards; to amend Code Section 43-5-14 of the Official Code of Georgia Annotated, relating to penalties for violations related to athletic trainers, so as to provide penalties for licensing 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. Code Section 43-1-19 of the Official Code of Georgia Annotated, relating to grounds for refusing to grant or revoking licenses, is amended by adding a new paragraph (5) to subsection (h) to read as follows:
"(5) When a member of the public files a complaint with a professional licensing board or the division director against a licensee, within 30 days after the conclusion of the investigation of such complaint, the professional licensing board or the division director shall notify the complainant of the disposition of such complaint. Such notification shall include whether any action was taken by the board with regard to such complaint and the nature of such action. In addition, the division director and the board shall upon request by the complainant advise the complainant as to the status of the complaint during the period of time that such complaint is pending."
SECTION 2. Code Section 43-5-14 of the Official Code of Georgia Annotated, relating to penalties for violations related to athletic trainers, is amended by striking the Code section in its entirety and inserting in lieu thereof a new Code Section 43-5-14 to read as follows:
"43-5-14. Any person who violates Code Section 43-5-7 shall be guilty of a misdemeanor of a high and aggravated nature."
SECTION 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

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SECTION 4. All laws and parts of laws in conflict with this Act are repealed.
Approved May 31, 2003.
CRIMES - UNAUTHORIZED FIREARMS OR WEAPONS; TRANSPORTATION FACILITES OR VEHICEES.
No. 179 (House Bill No. 397).
AN ACT
To amend Part 3 of Article 4 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to carrying and possession of firearms, so as to provide an affirmative defense for the unauthorized possession of firearms or other deadly weapons at public gatherings; to amend Part 2 of Article 4 of Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to transportation passenger safety, so as to provide for exceptions to certain prohibitions; to provide an affirmative defense for the unauthorized possession of firearms, hazardous substances, knives, or other devices in a transportation facility or aboard an aircraft, bus, or rail vehicle; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Part 3 of Article 4 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to carrying and possession of firearms, is amended by striking Code Section 16-11-127, relating to carrying deadly weapons at public gatherings, in its entirety and inserting in lieu thereof the following:
"16-11-127. (a) Except as provided in Code Section 16-11-127.1, a person is guilty of a misdemeanor when he or she carries to or while at a public gathering any explosive compound, firearm, or knife designed for the purpose of offense and defense. (b) For the purpose of this Code section, 'public gathering' shall include, but shall not be limited to, athletic or sporting events, churches or church functions, political rallies or functions, publicly owned or operated buildings, or establishments at which alcoholic beverages are sold for consumption on the premises. Nothing in this Code section shall otherwise prohibit the carrying of a firearm in any other public place by a person licensed or permitted to carry such firearm by this part.

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(c) This Code section shall not apply to competitors participating in organized sport shooting events. Law enforcement officers, peace officers retired from state or federal law enforcement agencies, judges, magistrates, solicitors-general, and district attorneys may carry pistols in publicly owned or operated buildings. (d) It is an affirmative defense to a violation of this Code section if a person notifies a law enforcement officer or other person employed to provide security for a public gathering of the presence of such item as soon as possible after learning of its presence and surrenders or secures such item as directed by the law enforcement officer or other person employed to provide security for a public gathering."
SECTION 2. Part 2 of Article 4 of Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to transportation passenger safety, is amended by striking Code Section 16-12-125, relating to avoiding or interfering with securing measures, in its entirety and inserting in lieu thereof the following:
"16-12-125.
(a) Except as otherwise provided in this Code section, it shall be unlawful for any person to avoid or interfere with a properly functioning 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. (c) This Code section shall not apply to authorized agents of the entity owning or operating such security measure."
SECTION 3. Said part is further amended by striking Code Section 16-12-126, relating to intentionally interfering with safety or traffic control devices, in its entirety and inserting in lieu thereof the following:
"16-12-126.
(a) Except as otherwise provided in this Code section, it shall be unlawful intentionally to disable or inhibit the operation or effectiveness of any properly functioning 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) Except as otherwise provided in this Code section, it shall be unlawful to intentionally render inoperable or partially inoperable for any period of time any properly functioning 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.

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(e) This Code section shall not apply to authorized agents of the entity owning or operating such safety device or device designed or operated for traffic control."
SECTION 4. Said part is further amended by striking Code Section 16-12-127, relating to prohibition on firearms, hazardous substances, knives, or other devices, in its entirety and inserting in lieu thereof the following:
"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 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. (c) It is an affirmative defense to a violation of this Code section if a person notifies a law enforcement officer or other person employed to provide security for a transportation company of the presence of such item as soon as possible after learning of its presence and surrenders or secures such item as directed by the law enforcement officer or other person employed to provide security for a transportation company."
SECTION 5. 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 6. All laws and parts of laws in conflict with this Act are repealed.
Approved May 31, 2003.

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PUBLIC UTILITIES - LIMOUSINE; SAFETY AND MECHANICAL INSPECTIONS.
No. 180 (House Bill No. 455).
AN ACT
To amend Code Section 46-7-85.5 of the Official Code of Georgia Annotated, relating to safety and mechanical inspections, so as to provide that each limousine carrier shall obtain and furnish a report of inspection for safety and mechanical function on an annual basis; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Code Section 46-7-85.5 of the Official Code of Georgia Annotated, relating to safety and mechanical inspections, is amended by striking said Code section in its entirety and inserting in lieu thereof the following:
"46-7-85.5. (a) It shall be the duty of the commissioner to regulate limousine carriers with respect to the safety of equipment. (b) The department shall require safety and mechanical inspections at least on an annual basis for each vehicle owned and operated by a limousine carrier. The commissioner shall provide, by rule and regulation, for the scope of such inspections, the qualifications of persons who may conduct such inspections, and the manner by which the results of such inspections shall be reported to the department."
SECTION 2. This Act shall become effective October 1, 2003.
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.
Approved May 31, 2003.

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MOTOR VEHICLES - PASSING EMERGENCY OR MAINTENANCE VEHICEES.
No. 181 (House Bill No. 457).
AN ACT
To amend Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to uniform rules of the road, so as to require motor vehicle operators to take certain precautions when passing stationary authorized emergency, towing, recovery, and highway maintenance vehicles; to provide for a penalty; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAE ASSEMBLY OF GEORGIA:
SECTION 1. Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to uniform rules of the road, is amended by inserting a new Code section to be designated Code Section 40-6-16 to read as follows:
"40-6-16. (a) The operator of a motor vehicle approaching a stationary authorized emergency vehicle that is displaying flashing yellow, amber, white, red, or blue lights shall approach the authorized emergency vehicle with due caution and shall, absent any other direction by a peace officer, proceed as follows:
(1) Make a lane change into a lane not adjacent to the authorized emergency vehicle if possible in the existing safety and traffic conditions; or (2) If a lane change under paragraph (1) of this subsection would be impossible, prohibited by law, or unsafe, reduce the speed of the motor vehicle to a reasonable and proper speed for the existing road and traffic conditions, which speed shall be less than the posted speed limit, and be prepared to stop. (b) The operator of a motor vehicle approaching a stationary towing or recovery vehicle or a stationary highway maintenance vehicle that is displaying flashing yellow, amber, or red lights shall approach the vehicle with due caution and shall, absent any other direction by a peace officer, proceed as follows: (1) Make a lane change into a lane not adjacent to the towing, recovery, or highway maintenance vehicle if possible in the existing safety and traffic conditions; or (2) If a lane change under paragraph (1) of this subsection would be impossible, prohibited by law, or unsafe, reduce the speed of the motor vehicle to a reasonable and proper speed for the existing road and traffic conditions, which speed shall be less than the posted speed limit, and be prepared to stop. (c) Violation of subsection (a) or (b) of this Code section shall be punished by a fine of $500.00."

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SECTION 2. All laws and parts of laws in conflict with this Act are repealed.
Approved May 31, 2003.
REVENUE - ESTIMATED INCOME TAX; UNDERPAYMENTS.
No. 182 (House Bill No. 468).
AN ACT
To amend Code Section 48-7-120 of the Official Code of Georgia Annotated, relating to failure to pay estimated income tax, so as to change the method of calculating underpayment amounts; to provide an effective date; to provide for applicability; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAE ASSEMBEY OF GEORGIA:
SECTION 1. Code Section 48-7-120 of the Official Code of Georgia Annotated, relating to failure to pay estimated income tax, is amended by striking subsection (b) and inserting in its place a new subsection (b) to read as follows:
"(b) Amount of underpayment. For purposes of subsection (a) of this Code section, the amount of the underpayment shall be the lesser of the excess of paragraph (1) or paragraph (2) of this subsection over paragraph (3) of this subsection when those paragraphs are as follows:
(1) The amount of the installment required to be paid if the estimated tax were equal to 70 percent (66 2/3 percent in the case of individuals referred to in subsection (b) of Code Section 48-7-115, relating to income from farming and fishing) of the tax shown on the return for the taxable year or, if no return was filed, 70 percent (66 2/3 percent in the case of individuals referred to in subsection (b) of Code Section 48-7-115, relating to income from fanning and fishing) of the tax for the year; (2) The amount of the installment required to be paid if the estimated tax were equal to 100 percent of the tax shown on the return for the preceding taxable year, as long as the preceding taxable year was a taxable year of 12 months, and a tax return was filed for such preceding taxable year; and (3) Any amount of the installment paid on or before the last date prescribed for payment."

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SECTION 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval and shall be 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 31,2003.
REVENUE - INCOME TAX; REFUND CLAIM PERIODS.
No. 183 (House Bill No. 469).
AN ACT
To amend Code Section 48-2-35 of the Official Code of Georgia Annotated, relating to tax refunds, so as to increase the period of time during which certain income tax refunds may be claimed; to provide an effective date; to provide for applicability; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Code Section 48-2-35 of the Official Code of Georgia Annotated, relating to tax refunds, is amended by striking paragraph (1) of subsection (b) and inserting in its place a new paragraph (1) to read as follows:
"(b)(l)(A) A claim for refund of a tax or fee erroneously or illegally assessed and collected may be made by the taxpayer at any time within three years after:
(i) The date of the payment of the tax or fee to the commissioner; or (ii) In the case of income taxes, the later of the date of the payment of the tax or fee to the commissioner or the due date for filling the applicable income tax return, including any extensions which have been granted. (B) Each claim shall be filed in writing in the form and containing such information as the commissioner may reasonably require and shall include a summary statement of the grounds upon which the taxpayer relies. Should any person be prevented from filing such an application because of service of such person or such person's counsel in the armed forces during such period, the period of limitation shall date from the discharge of such person or such person's counsel from such service."

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SECTION 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval and shall be 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 31,2003.
BUILDINGS AND HOUSING - MOBILE HOMES; STATUS AS REAL OR PERSONAL PROPERTY.
No. 184 (House Bill No. 506).
AN ACT
To amend Article 2 of Chapter 2 of Title 8 of the Official Code of Georgia Annotated, relating to factory built structures, so as to provide for record ownership of manufactured homes and mobile homes and their status as personal or real property; to provide how such homes may be converted from personal property to real property and vice versa; to provide for filings with the commissioner of motor vehicle safety and the clerk of superior court and the practice and procedure in connection with such filings; to provide for the crime of unauthorized removal of a home which has been converted to real property and prescribe a penalty; to provide for the destruction of homes; to provide for related matters; to repeal Code Section 40-3-31.1 of the Official Code of Georgia Annotated, relating to replacement certificates of title for mobile homes; 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 2 of Title 8 of the Official Code of Georgia Annotated, relating to factory built structures, is amended by adding a new Part 4 to read as follows:
"Part 4 Subpart 1
8-2-180. As used in this part, the term:
(1) 'Clerk of superior court' means the clerk of the superior court of the county in which the property to which the home is or is to be affixed is located.

_____________GEORGIA LAWS 2003 SESSION___________431
(2) 'Commissioner of motor vehicle safety' includes any county tax commissioner when so authorized by the commissioner of motor vehicle safety to act on his or her behalf in carrying out the responsibilities of this part. (3) 'Home' means a manufactured home or mobile home. (4) 'Manufactured home' has the meaning specified in paragraph (4) of Code Section 8-2-160. (5) 'Mobile home' has the meaning specified in paragraph (6) of Code Section 8-2-160.
8-2-181.
(a) A manufactured home or mobile home shall constitute personal property and shall be subject to the 'Motor Vehicle Certificate of Title Act,' Chapter 3 of Title 40, until such time as the home is converted to real property as provided for in this part. (b) A manufactured home or mobile home shall become real property if:
(1) The home is or is to be permanently affixed on real property and one or more persons with an ownership interest in the home also has an ownership interest in such real property; and (2) The owner of the home and the holders of all security interests therein execute and file a Certificate of Permanent Location:
(A) In the real estate records of the county where the real property is located; and (B) With the commissioner of motor vehicle safety. (c) The Certificate of Permanent Location shall be in a form prescribed by the commissioner of motor vehicle safety and shall include: (1) The name and address of the owner of the home; (2) The names and addresses of the holders of any security interest in and of any lien upon the home; (3) The title number assigned to the home; (4) A description of the real estate on which the home is or is to be located, including the name of the owner and a reference by deed book and page number to the chain of title of such real property; and (5) Any other data the commissioner of motor vehicle safety prescribes.
8-2-182.
(a) When a Certificate of Permanent Location is properly filed with the clerk of superior court, the clerk shall record such certificate in the same manner as other instruments affecting the real property described in the certificate and shall charge and collect the fees usually charged for recording deeds and other instruments relating to real estate. Such certificate shall be indexed under the name of the current owner of the real property in both the grantor and grantee indexes. The clerk shall provide the owner with a certified copy of the certificate, reflecting its filing, and shall charge and collect the fees usually charged for the provision of certified copies of documents relating to real estate. (b) Upon receipt of a certified copy of a properly executed Certificate of Permanent Location, along with the certificate of title, the commissioner of motor

432_______GENERAL ACTS AND RESOLUTIONS, VOL. I_______
vehicle safety shall file and retain a copy of such certificate together with all other prior title records related to the home. When a properly executed certificate has once been filed, the commissioner of motor vehicle safety shall accept no further title filings with respect to that home, except as may be necessary to correct any errors in the department's records and except as provided in Subparts 2 and 3 of this part. (c) When a Certificate of Permanent Location is so filed, the commissioner of motor vehicle safety shall issue to the clerk of the superior court with whom the original Certificate of Permanent Location was filed confirmation by the commissioner of motor vehicle safety that the certificate has been so filed and the certificate of title has been surrendered. (d) Upon receipt of confirmation of the filing of the Certificate of Permanent Location from the commissioner of motor vehicle safety, the clerk of superior court shall provide a copy of the Certificate of Permanent Location to the appropriate board of tax assessors or such other local official as is responsible for the valuation of real property.
8-2-183.
(a) When a Certificate of Permanent Location has been properly filed with the clerk of superior court, a certified copy thereof properly filed with the commissioner of motor vehicle safety, and the certificate of title is surrendered, the home shall become for all legal purposes a part of the real property on which it is located. Without limiting the generality of the foregoing, the home shall be subject to transfer by the owner of the real property, subject to any security interest in the real property and subject to foreclosure of any such interest, in the same manner as and together with the underlying real property. (b) When a home has become a part of the real property as provided in this part, it shall be unlawful for any person to remove such home from the real property except with the written consent of the owner of the real property and the holders of all security interests in the real property and in strict compliance with the requirements of Subpart 2 of this part. Any person who violates this subsection shall be guilty of a misdemeanor of a high and aggravated nature.
Subpart 2
8-2-184.
(a) A home which has previously become real property shall become personal property if:
(1) The manufactured home or mobile home is or is to be removed from the real property with the written consent of the owner of the real property and the holders of all security interests therein; and (2) The owner of the real property and the holders of all security interests therein execute and file a Certificate of Removal from Permanent Location:
(A) With the commissioner of motor vehicle safety; and (B) In the real estate records of the county where the real property is located.

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(b) The Certificate of Removal from Permanent Location shall be in a form prescribed by the commissioner of motor vehicle safety and shall include:
(1) The name and address of the owner; (2) The names and addresses of the holders of any security interest and of any lien; (3) The title number formerly assigned to the home; (4) A description of the real estate on which the home was previously located, including the name of the owner and a reference by deed book and page number to the recording of the former certificate of permanent location; and (5) Any other data the commissioner of motor vehicle safety prescribes.
8-2-185. (a) Upon receipt of a properly executed Certificate of Removal from Permanent Location, the commissioner of motor vehicle safety shall file and retain a copy of such certificate together with all other prior title records related to the home and may thereafter issue a new certificate of title for the home. The commissioner of motor vehicle safety shall charge and collect the fee otherwise prescribed by law for the issuance of a certificate of title. (b) When a Certificate of Removal from Permanent Location is so filed, the commissioner of motor vehicle safety shall return to the filing party the original of the certificate containing thereon confirmation by the commissioner of motor vehicle safety that the certificate has been so filed.
8-2-186. (a) The clerk of superior court shall not accept a Certificate of Removal from Permanent Location for filing unless the certificate contains thereon the confirmation by the commissioner of motor vehicle safety that the certificate has been filed with the commissioner of motor vehicle safety. (b) When a Certificate of Removal from Permanent Location is properly filed with the clerk of superior court, the clerk shall record such certificate in the same manner as other instruments affecting the real property described in the certificate and shall charge and collect the fees usually charged for recording deeds and other instruments relating to real estate. Such certificate shall be indexed under the name of the current owner of the real property in both the grantor and grantee indexes.
Subpart 3
8-2-187. (a) When a home which has previously become real property has been or is to be destroyed, the owner of the real property and the holders of all security interests therein shall execute and file a Certificate of Destruction:
(1) With the commissioner of motor vehicle safety; and (2) In the real estate records of the county where the real property is located. (b) The Certificate of Destruction shall be in a form prescribed by the commissioner of motor vehicle safety and shall include:

434______GENERAL ACTS AND RESOLUTIONS, VOL. I_________
(1) The name and address of the owner; (2) The names and addresses of the holders of any security interest and of any lien; (3) The title number formerly assigned to the home; (4) A description of the real estate on which the home was previously located, including the name of the owner and a reference by deed book and page number to the recording of the former certificate of permanent location; (5) Verification of the destruction by a law enforcement officer; and (6) Any other data the commissioner of motor vehicle safety prescribes.
8-2-188. (a) Upon receipt of a properly executed Certificate of Destruction, the commissioner of motor vehicle safety shall file and retain a copy of such certificate together with all other prior title records related to the home. (b) When a Certificate of Destruction is so filed, the commissioner of motor vehicle safety shall issue to the filing party the original of the certificate containing thereon confirmation by the commissioner of motor vehicle safety that the certificate has been so filed.
8-2-189. (a) The clerk of superior court shall not accept a Certificate of Destruction for filing unless the certificate contains thereon the confirmation by the commissioner of motor vehicle safety that the certificate has been filed with the commissioner of motor vehicle safety. (b) When a certificate of destruction is properly filed with the clerk of superior court, the clerk shall record such certificate in the same manner as other instruments affecting the real property described in the certificate and shall charge and collect the fees usually charged for recording deeds and other instruments relating to real estate. Such certificate shall be indexed under the name of the current owner of the real property in both the grantor and grantee indexes.
Subpart 4
8-2-190. A manufactured or mobile home which constitutes real property shall not be subject to Article 10 of Chapter 5 of Title 48 but shall instead be taxed as real property and a part of the underlying real estate.
8-2-191. The commissioner of motor vehicle safety shall charge a fee of $18.00 for any filing under this part."
SECTION 2. Code Section 40-3-31.1, relating to replacement certificates of title for mobile homes, is repealed in its entirety.

_____________GEORGIA LAWS 2003 SESSION___________435
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 31,2003.
HEALTH - NURSING HOME PROVIDER FEE ACT.
No. 185 (House Bill No. 526).
AN ACT
To amend Chapter 8 of Title 31 of the Official Code of Georgia Annotated, relating to indigent and elderly patients, so as to enact the "Nursing Home Provider Fee Act"; to provide for a fee to be imposed on nursing homes to be used to obtain federal financial participation for medical assistance payments to nursing homes that serve the medically indigent; to provide for definitions; to establish a segregated account within the Indigent Care Trust Fund for the deposit of provider fees; to provide for a method for calculating and collecting the provider fee; to authorize the Department of Community Health to inspect nursing home records for purposes of auditing provider fees; to provide for penalties for failure to pay a provider fee; to authorize the department to withhold Medicaid payments equal to amounts owed as a provider fee and penalty; to provide for the collection of fees by civil action and tax liens; to provide for the appropriation of funds in the segregated account for medical assistance payments to nursing homes; to provide for a request for a uniformity waiver; to provide for application of the "Georgia Medical Assistance Act of 1977"; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. This Act shall be known and may be cited as the "Nursing Home Provider Fee Act."
SECTION 2. Chapter 8 of Title 31 of the Official Code of Georgia Annotated, relating to indigent and elderly patients, is amended by adding a new Article 6A to read as follows:

436______GENERAL ACTS AND RESOLUTIONS, VOL. I_______
"ARTICLE 6A
31-8-161. This article is passed pursuant to the authority of Article III, Section IX, Paragraph VI(i) of the Constitution.
31-8-162. As used in this article, the term:
(1) 'Department' means the Department of Community Health created by Chapter 5 A of this title. (2) 'Medically indigent' means a person who meets the state-wide standards of indigency adopted by the department. (3) 'Nursing home' means a freestanding facility or distinct part or unit of a hospital required to be licensed or permitted as a nursing home under the provisions of Chapter 7 of this title which is not owned or operated by the state or federal government. (4) 'Nursing home that disproportionately serves the medically indigent' means a nursing home for which the patient days attributable to medically indigent residents account for more than 1 5 percent of the nursing home's total patient days during a 12 month period. For purposes of this computation, medicare program patient days shall not be included in the nursing home's total patient days. (5) 'Patient day' means a day of care provided to an individual resident of a nursing home by the nursing home. A patient day includes the date of admission but does not include the date of discharge, unless the dates of admission and discharge occur on the same day. (6) 'Provider fee' means the fee imposed pursuant to this article for the privilege of operating a nursing home. (7) 'Segregated account' means an account for the dedication and deposit of provider fees which is established within the Indigent Care Trust Fund created pursuant to Code Section 31-8-152. (8) 'State plan' means all documentation submitted by the commissioner of the Department of Community Health on behalf of the department to and for approval by the United States secretary of health and human services, pursuant to Title XIX of the federal Social Security Act. (9) Trust fund' means the Indigent Care Trust Fund created pursuant to Code Section 31-8-152. (10) 'Waiver' means a waiver of the uniform tax requirement for permissible health care related taxes, as provided in 42 C.F.R. Section 433.68(e)(2)(i) and (11).
31-8-163. There is established within the trust fund a segregated account for revenues raised through the imposition of the provider fee. All revenues raised through provider fees shall be credited to the segregated account within the trust fund and shall be invested in the same manner as authorized for investing other moneys in the state

____________GEORGIA LAWS 2003 SESSION___________437
treasury. Contributions and transfers to the trust fund pursuant to Code Sections 31-8-153 and 31-8-153.1 shall not be deposited into the segregated account.
31-8-164. (a) Each nursing home shall be assessed a provider fee with respect to each patient day for the preceding quarter, excluding medicare program patient days. The provider fee shall be assessed uniformly upon all nursing homes, except as provided in Code Section 31-8-168. The aggregate provider fees imposed under this article shall not exceed the maximum amount that may be assessed pursuant to the 6 percent indirect guarantee threshold set forth in 42 C.F.R. Section 433.68(f)(3)(i). (b) The provider fee shall be paid quarterly by each nursing home to the department. A nursing home shall calculate and report the provider fee due upon a form prepared by the department and submit therewith payment of the provider fee no later than the thirtieth day following the end of each calendar quarter. The initial provider fee report shall be filed and the initial payment of the provider fee shall be submitted no later than July 30, 2003. A nursing home shall calculate and report the initial provider fee using information about its patient days for the quarter ending June 30, 2003.
31-8-165. (a) The department shall collect the provider fees imposed pursuant to Code Section 31-8-164. All revenues raised pursuant to this article shall be deposited into the segregated account. Such funds shall be dedicated and used for the sole purpose of obtaining federal financial participation for medical assistance payments to nursing homes that disproportionately serve the medically indigent. (b) The department shall prepare and distribute a form upon which a nursing home shall calculate and report to the department the provider fee. (c) Each nursing home shall keep and preserve for a period of three years such books and records as may be necessary to determine the amount for which it is liable under this article. The department shall have the authority to inspect and copy the records of a nursing home for purposes of auditing the calculation of the provider fee. All information obtained by the department pursuant to this article shall be confidential and shall not constitute a public record. (d) In the event that the department determines that a nursing home has underpaid or overpaid the provider fee, the department shall notify the nursing home of the balance of the provider fee or refund that is due. Such payment or refund shall be due within 30 days of the department's notice. (e) Any nursing home that fails to pay the provider fee pursuant to this article within the time required by this article shall pay, in addition to the outstanding provider fee, a 6 percent penalty for each month or fraction thereof that the payment is overdue. If a provider fee has not been received by the department by the last day of the month, the department shall withhold an amount equal to the provider fee and penalty owed from any medical assistance payment due such nursing home under the Medicaid program. The provider fee levied by this article shall constitute a debt due the state and may be collected by civil action

438_______GENERAL ACTS AND RESOLUTIONS, VOL. I_________
and the filing of tax liens in addition to such methods provided for in this article. Any penalty that accrues pursuant to this subsection shall be credited to the segregated account.
31-8-166. (a) Notwithstanding any other provision of this chapter, the General Assembly is authorized to appropriate as state funds to the department for use in any fiscal year all revenues dedicated and deposited into the segregated account. Such appropriations shall be made for the sole purpose of obtaining federal financial participation in the provision of support to nursing homes that disproportionately serve the medically indigent. Any appropriation from the segregated account for any purpose other than medical assistance payments to nursing homes shall be void. (b) Revenues appropriated to the department pursuant to this Code section shall be used to match federal funds that are available for the purpose for which such trust funds have been appropriated. (c) Appropriations from the segregated account to the department shall not lapse to the general fund at the end of the fiscal year.
31-8-167. The department shall report annually to the General Assembly on its use of revenues deposited into the segregated account and appropriated to the department pursuant to this article.
31-8-168. No later than July 1,2003, the department shall prepare and submit to the Centers for Medicare and Medicaid Services of the United States Department of Health and Human Services a request for approval of a waiver pursuant to 42 C.F.R. Section 43 3.68(e) of the uniform fee requirement. Upon approval of such waiver, the department shall take action to reduce the provider fee imposed pursuant to Code Section 31-8-164 allowed by such waiver for those providers who qualify for such reduction.
31-8-169. Except where inconsistent with this article, the provisions of Article 7 of Chapter 4 of Title 49, the 'Georgia Medical Assistance Act of 1977,' shall apply to the department in carrying out the purposes of this article."
SECTION 3. This Act shall become effective July 1, 2003.
SECTION 4. All laws and parts of laws in conflict with this Act are repealed.
Approved May 31, 2003.

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STATE GOVERNMENT - BENEFITS BASED FUNDING PROJECTS.
No. 186 (House Bill No. 550).
AN ACT
To amend Part 1 of Article 3 of Chapter 5 of Title 50 of the Official Code of Georgia Annotated, relating to general authority, duties, and procedure regarding state purchasing, so as to provide for multiyear lease, purchase, or lease purchase contracts with respect to benefits based funding projects; to provide for definitions; to provide for procedures, conditions, and limitations; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Part 1 of Article 3 of Chapter 5 of Title 50 of the Official Code of Georgia Annotated, relating to general authority, duties, and procedure regarding state purchasing, is amended by striking the reserved designation of Code Section 50-5-77 and inserting in its place a new Code Section 50-5-77 to read as follows:
"50-5-77. (a) As used in this Code section, the term:
(1) 'Agency' means every state department, agency, board, bureau, and commission including without limitation the Board of Regents of the University System of Georgia. (2) 'Benefits based funding project' means any governmental improvement project in which payments to vendors depend upon the realization of specified savings or revenue gains attributable solely to the improvements, provided that each benefits based funding project is structured as follows:
(A) The vendor promises, or accepts the condition, that the improvements will generate actual and quantifiable savings or enhanced revenues; (B) The agency develops a measurement tool for calculating the savings or enhanced revenues realized from the project; and (C) The funding for the project shall be attributable solely to its successful implementation for the period specified in the contract. (3) 'External oversight committee' means a committee composed of the executive director of the Georgia Technology Authority, the commissioner of administrative services, the director of the Office of Planning and Budget, the state auditor, the Governor's designee, the chairperson of the House Committee on Appropriations, and the chairperson of the Senate Finance Committee. (4) 'Measurement tool' means the formula used to measure the actual savings or enhanced revenues and includes a means for distinguishing enhanced revenue or savings from normal activities, including the possibility of no

440______GENERAL ACTS AND RESOLUTIONS, VOL. I_______
savings or revenue growth or an increased expenditure or decline in revenue. Baseline parameters must be defined based on historical costs or revenues for a minimum of one year. The measurement tool shall use the baseline parameters to forecast savings or enhanced revenues and to determine the overall benefits and fiscal feasibility of the proposed project. (5) 'Special dedicated fund' means any fund established pursuant to this Code section from which the vendor or vendors are compensated as part of a benefits based funding project. The moneys in the special dedicated fund shall be deemed contractually obligated and shall not lapse at the end of each fiscal year. (b) An agency shall be authorized to enter into multiyear lease, purchase, or lease purchase contracts of all kinds for the acquisition of goods, materials, real or personal property, services, and supplies as benefits based funding projects; provided, however, that a condition precedent to the award of the contract is a competitive solicitation in compliance with any applicable purchasing laws now or hereafter enacted, including without limitation the provisions of this chapter and Chapter 25 of this title; and provided, further, that the contract shall contain provisions for the following: (1) The contract shall terminate absolutely and without further obligation on the part of the agency at the close of the fiscal year in which it was executed and at the close of each succeeding fiscal year for which it may be renewed; (2) The contract shall terminate absolutely and without further obligation on the part of the agency at such time as the agency determines that actual savings or incremental revenue gains are not being generated to satisfy the obligations under the contract; (3) The contract may be renewed only by a positive action taken by the agency; (4) The contract shall state the total obligation of the agency for repayment for the fiscal year of execution and shall state the total obligation for repayment which will be incurred in each fiscal year renewal term, if renewed; (5) The term of the contract, including any renewal periods, may not exceed ten years; and (6) The agency's financial obligations under the contract are limited to and cannot exceed the savings or incremental revenue gains, as calculated using the measurement tool, actually generated by the benefits based funding project, even if no savings or enhanced revenues are realized from the project. (c) Any contract developed under this Code section containing the provisions enumerated in subsection (b) of this Code section shall be deemed to obligate the agency only for those sums payable during the fiscal year of execution or, in the event of a renewal by the agency, for those sums payable in the individual fiscal year renewal term and only to the extent that savings or enhanced revenues are attributable to the benefits based funding project calculated using the measurement tool. (d) No contract developed and executed pursuant to this Code section shall be deemed to create a debt of the state for the payment of any sum beyond the fiscal

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year of execution or, in the event of a renewal, beyond the fiscal year of such renewal. (e) Any such contract may provide for the payment by the agency of interest or the allocation of a portion of the contract payment to interest, provided that the contract is in compliance with this Code section. (f) During the term of the contract, including any renewal periods, the agency shall, using the measurement tool, periodically calculate the total amount of the savings or enhanced revenues attributable to the implementation of the benefits based funding project. To the extent that savings or enhanced revenues are realized, the agency shall transfer from its budget into the special dedicated fund an amount up to but not to exceed the amount owed on the contract for the then current fiscal year term's obligation to provide for payments. (g) During the term of the contract, including any renewal periods, the agency shall, using the measurement tool, calculate the total amount of the savings or enhanced revenues attributable to the implementation of the benefits based funding project during the then current fiscal year at least 30 days prior to the end of the then current fiscal year. If the agency renews the contract and to the extent that savings or enhanced revenues are realized in excess of the amount due on the contract in the then current fiscal year term, the agency shall transfer prior to the end of the then current fiscal year from its budget into the special dedicated fund an amount up to but not to exceed the next fiscal year's obligation to provide for future payments. (h) Promptly upon nonrenewal, termination, or expiration of the contract, any moneys remaining in the special dedicated fund shall be deposited in the general fund of the state. (i) Each agency is authorized to accept title to property subject to the benefits based funding contract and is authorized to transfer title back to the vendor in the event the contract is not fully consummated. (j) The external oversight committee shall have the responsibility to review and advise:
(1) The overall feasibility of the benefits based funding project; (2) The measurement tool; (3) The projected savings or enhanced revenues; and (4) The dollars to be set aside for vendor payments. (k) Each benefits based funding project and the proposed contract shall be approved by the external oversight committee prior to execution of the contract and prior to any renewal thereof. (1) Each agency shall prepare an annual report to be sent to the external oversight committee, the Governor, and the General Assembly on all contracts entered into pursuant to this Code section, describing the benefits based funding project, its progress, its savings or enhanced revenues, and such other information as may be relevant."

442______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 31,2003.
REVENUE AND TAXATION - STATE REVENUE COMMISSIONER DUTIES; TAX EXECUTIONS; COLLECTION FEES; ELECTRONIC FILING EXTENSIONS.
No. 187 (House Bill No. 556).
AN ACT
To amend Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, so as to provide for additional administrative powers, duties, and authorities of the state revenue commissioner; to provide for dissemination of certain information regarding tax executions; to provide for additional fees with respect to collection of tax liabilities; to provide for extended filing and payment dates with respect to certain returns which have been electronically filed; 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 adding a new Code section immediately following Code Section 48-3-28, to be designated Code Section 48-3-29, to read as follows:
"48-3-29. The commissioner may publish in the media or on the Internet for public access any or all information with respect to executions issued for the collection of any tax, fee, license, penalty, interest, or collection costs due the state which are recorded on the public records of any county. The publication provided for in this Code section shall not constitute an unlawful disclosure of any information even though the executions giving rise to the information may be subsequently partially paid, paid and canceled, or withdrawn. The commissioner shall provide for the removal of such information as published under this Code section as soon as reasonably possible after the execution has been satisfied or withdrawn."

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SECTION 2. Said title is further amended by adding a new Code section immediately following Code Section 48-2-54, to be designated Code Section 48-2-54.1, to read as follows:
"48-2-54.1.
The commissioner is authorized to charge to the taxpayer's account any costs or fees which are charged to the commissioner by the United States Treasury Financial Management System for offsetting federal refund claims against any tax liability which is owed by a taxpayer to the state and for which the commissioner has the responsibility for collection."
SECTION 3. Said title is further amended by striking subsection (a) of Code Section 48-7-56, relating to time and place for filing returns, and inserting in its place a new subsection (a) to read as follows:
"(a) Returns of taxpayers other than corporations shall be filed with the commissioner on or before April 15 in each year except that in the case of taxpayers using a fiscal year the return shall be filed on or before the fifteenth day of the fourth month after the close of the fiscal year. However, in the case a taxpayer's return is allowed to be filed at a later date, pursuant to the Internal Revenue Code of 1986 as it existed on or after January 1, 2003, because the taxpayer has electronically filed returns, the date the return shall be filed shall be extended without interest and penalty to the date the return is allowed to be filed pursuant to the Internal Revenue Code of 1986 as it existed on or after January 1, 2003. Returns of corporations made on the basis of a calendar year shall be filed on or before the fifteenth day of March following the close of the calendar year, and returns of corporations made on the basis of a fiscal year shall be filed on or before the fifteenth day of the third month following the close of the fiscal year. Returns required for a taxable year relating to returns of domestic import sales corporations and former domestic import sales corporations and foreign sales corporations shall be filed on or before the fifteenth day of the ninth month fol lowing the close of the taxable year. The commissioner may allow further time for filing returns in the case of sickness or other disability or whenever in his judgment good cause exists for the extension. In case a taxpayer is granted an extension of time to file a return, the commissioner may require a tentative return to be filed on or before the due date of the return for which the extension is granted. A tentative return shall be made on the usual form, shall be plainly marked 'tentative,' shall state the estimated amount of the tax believed to be due, and shall be properly signed by the taxpayer."
SECTION 4. Said title is further amended by striking Code Section 48-7-80, relating to time and place of payment of tax on basis of calendar or fiscal year, and inserting in its place a new Code Section 48-7-80 to read as follows:

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"48-7-80. The total amount of tax imposed by this chapter on taxpayers other than corporations shall be paid to the commissioner on or before April 15 following the close of the calendar year. If the return of a taxpayer other than a corporation is made on the basis of a fiscal year, the tax shall be paid to the commissioner on or before the fifteenth day of the fourth month following the close of the fiscal year. However, in the case a taxpayer's return is allowed to be filed at a later date, pursuant to the Internal Revenue Code of 1986 as it existed on or after January 1,2003, because the taxpayer has electronically filed returns, the date of payment shall be extended without interest and penalty to the date the return is allowed to be filed pursuant to the Internal Revenue Code of 1986 as it existed on or after January 1, 2003. The total amount of tax imposed by this chapter on corporations shall be paid to the commissioner on or before March 15, following the close of the calendar year. If the return of a corporation is made on the basis of a fiscal year, the tax shall be paid to the commissioner on or before the fifteenth day of the third month following the close of the fiscal year."
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 31, 2003.
INSURANCE - IDENTIFICATION CARDS; SOCIAL SECURITY NUMBERS.
No. 188 (House Bill No. 721).
AN ACT
To amend Code Section 33-24-57.1 of the Official Code of Georgia Annotated, relating to health insurance identification cards, so as to prohibit insurers from using the insured's social security number for any purpose or in any manner on such card; to provide for related matters; to provide for applicability; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

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SECTION 1. Code Section 33-24-57.1 of the Official Code of Georgia Annotated, relating to health insurance identification cards, is amended by adding a new subsection (f) to read as follows:
"(f) Insurance identification cards issued by any insurer under this Code section on and after July 1, 2004, shall not use or display the insured's social security number for any purpose or in any manner on such card."
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.
Approved May 31, 2003.
COMMERCE AND TRADE - MOTOR VEHICLE WARRANTY REIMBURSEMENT AGREEMENTS.
No. 189 (House Bill No. 581).
AN ACT
To amend Article 22 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, the "Georgia Motor Vehicle Franchise Practices Act," so as to provide for warranty reimbursement agreements; to provide for the contents of such agreements; to provide for applicability; to provide that the Department of Motor Vehicle Safety shall enforce the Act rather than the Department of Revenue; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Article 22 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, the "Georgia Motor Vehicle Franchise Practices Act," is amended in Part 3 by adding at the end thereof a new Code Section 10-1-645 to read as follows:
"10-1-645. (a) Any motor vehicle franchisor and at least a majority of its dealers of the same line make may agree in an express written contract, citing this Code section, upon a uniform warranty reimbursement policy used by contracting dealers to perform warranty repairs. The policy shall only involve either reimbursement for parts used in warranty repairs or the use of a uniform time standards manual, or both. Reimbursement for parts under the agreement shall be used instead of the dealers' prevailing retail price charged by that dealer for the same parts as defined in Code Section 10-1-644 to calculate compensation due from the franchisor for parts used in warranty repairs. This Code section does not

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authorize a franchisor and its dealers to establish a uniform hourly labor reimbursement. (b) Each franchisor shall only have one such agreement with each line make. Any such agreement shall:
(1) Establish a uniform parts reimbursement rate. The uniform parts reimbursement rate shall be greater than the franchisor's nationally established parts reimbursement rate in effect at the time the first such agreement becomes effective; however, any subsequent agreement shall result in a uniform reimbursement rate that is greater or equal to the rate set forth in the immediately prior agreement; (2) Apply to all warranty repair orders written during the period that the agreement is effective; (3) Be available, during the period it is effective, to any motor vehicle dealer of the same line make at any time and on the same terms; and (4) Be for a term not to exceed three years so long as any party to the agreement may terminate the agreement upon the annual anniversary of the agreement and with 30 days' prior written notice; however, the agreement shall remain in effect for the term of the agreement regardless of the number of dealers of the same line make that may terminate the agreement. (c)( 1) As used in this subsection, the term 'costs' means the difference between the uniform reimbursement rate set forth in an agreement entered into pursuant to subsection (b) of this Code section and the prevailing retail price charged by that dealer received by those dealers of the same line make. (2) A franchisor that enters into an agreement with its dealers may seek to recover its costs from only those dealers that are receiving their prevailing retail price charged by that dealer under Code Section 10-1-644 as follows:
(A) The costs shall be recovered only by increasing the invoice price on new vehicles received by those dealers not a party to an agreement under this Code section; and (B) Price increases imposed for the purpose of recovering costs under this Code section may vary from time to time and from model to model but shall apply uniformly to all dealers of the same line make in the State of Georgia that have requested reimbursement for warranty repairs at their prevailing retail price charged by that dealer, except that a franchisor may make an exception for vehicles that are titled in the name of a consumer in another state. (d) If a franchisor contracts with its dealers, the franchisor shall certify under oath to the Department of Motor Vehicle Safety that a majority of the dealers of that line make did agree to such an agreement and file a sample copy of the agreement. On an annual basis, each dealer shall certify under oath to the department that the reimbursement costs it recovers under subparagraph (c)(2)(A) of this Code section do not exceed the amounts authorized by subparagraph (c)(2)(A) of this Code section. The franchisor shall maintain for a period of three years a file that contains the information upon which its certification is based.

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(e) If a franchisor and its dealers do not enter into an agreement pursuant to this Code section, and for any matter that is not the subject of an agreement, this Code section shall have no effect whatsoever. (f) For purposes of this Code section, a uniform time standard manual is a document created by a franchisor that establishes the time allowances for the diagnosis and performance of warranty work and service. The allowances shall be reasonable and adequate for the work and service to be performed. Each franchisor shall have a reasonable and fair process that allows a dealer to request a modification or adjustment of a standard or standards included in such a manual."
SECTION 2. Said article is further amended by striking Part 6 in its entirety and inserting in lieu thereof a new Part 6 to read as follows:
"Part 6
10-1-665. As used in this part, the term:
(1) 'Commissioner' means the commissioner of motor vehicle safety. (2) 'Department' means the Department of Motor Vehicle Safety.
10-1-666. As an alternative to and in addition to any civil or criminal enforcement of this article, the commissioner of motor vehicle safety by and through the Department of Motor Vehicle Safety is authorized to enforce the provisions of this article and any order issued pursuant to the enforcement of this article.
10-1-667. Any dealer, distributor, or manufacturer who is aggrieved by a violation of any provision of this article may file a petition with the Department of Motor Vehicle Safety setting forth the facts supporting the allegation of such violation. The commissioner shall issue an administrative order, whenever the commissioner, after notice to all parties and after a hearing, determines that a violation of this article or any order issued under this article has occurred. The notice and the hearing and any administrative review thereof shall be conducted in accordance with the procedure for contested cases under Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' Any party who has exhausted all administrative remedies available and who is aggrieved or adversely affected by a final order or action of the commissioner shall have the right of judicial review thereof in accordance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' The commissioner or the prevailing party may file, in the superior court in the county wherein the party under order resides or, if such party is a corporation, in the county wherein the corporation maintains its established place of business or its agent for service of process is located, or in the county wherein the

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violation occurred, a certified copy of a final order of the commissioner, whether unappealed from or affirmed upon appeal, whereupon the court shall render judgment in accordance therewith and notify the parties. Such judgment shall have the same effect and proceedings in relation thereto shall thereafter be the same as though the judgment had been rendered in an action duly heard and determined by the court. The remedy 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 under the laws of this state.
10-1-668. (a) In addition to the licensing fee set forth in Code Section 40-2-38, each dealer shall register annually with the department and shall pay an annual registration fee of $25.00. The fee shall be paid on or before January 1 of the registration year and shall be paid with and accompanied by such forms as the commissioner shall prescribe. (b) It is the intent of the General Assembly of Georgia that an amount equal to the amount collected by the registration fee provided for in this Code section be appropriated to the department to fund the provisions of this part. If the funds appropriated to the department to fund the provisions of this part exceed the actual cost to the department to enforce this part, then the excess funds so appropriated shall lapse. However, if the fees collected under subsection (a) of this Code section do not equal the actual cost to the department to enforce the provisions of this part, then the commissioner may raise the registration fee to an amount which will ensure that the cost to the state to enforce this part is received."
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.
Approved May 31,2003.
CONSERVATION AND NATURAL RESOURCES - OCONEE RIVER GREENWAY AUTHORITY; MEMBERS; POWERS; PURPOSES.
No. 190 (House Bill No. 596).
AN ACT
To amend Part 6 of Article 7 of Chapter 3 of Title 12 of the Official Code of Georgia Annotated, relating to the Oconee River Greenway Authority, so as to change certain provisions relating to definitions; to change certain provisions

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relating to creation, membership, compensation, qualifications, accountabilities, and assignment of the authority; to change certain provisions relating to the purpose and nature of the authority; to change certain provisions relating to general powers of the authority; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Part 6 of Article 7 of Chapter 3 of Title 12 of the Official Code of Georgia Annotated, relating to the Oconee River Greenway Authority, is amended by striking paragraphs (4) and (5) of Code Section 12-3-401, relating to definitions, and inserting in lieu thereof the following:
"(4) 'Project' means real property which borders, or is contiguous to real property 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."
SECTION 2. Said part is further amended by striking subsection (b) of Code Section 12-3-402, relating to creation, membership, compensation, qualifications, accountabilities, and assignment of the authority, and inserting in lieu thereof the following:
"(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, the chairperson of the governing authority of each county which is in the geographic jurisdiction of the authority or the designee thereof, and two residents of each county which is in the geographic jurisdiction of the authority who have training or experience in biology, botany, or environmental science and who shall be appointed by the chairperson of the governing authority of such county."
SECTION 3. Said part is further amended by striking Code Section 12-3-403, relating to purpose and nature of the authority, and inserting in lieu thereof the following:
"12-3-403. The corporate purpose and the general nature of the business of the authority shall be the acquisition or establishment of projects consistent with but not limited to one or more of the goals specified in paragraph (3) of Code Section 36-22-2; their maintenance and protection; and their development or restoration. The authority's purpose also shall be to engage in such other activities as it deems appropriate to promote use of any project by means of promoting tourism and educational, entertainment, recreational, athletic, or other events within the state and to promote the use of the educational, historical, cultural, recreational, and natural resources of the state by persons using or visiting any project."

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SECTION 4. Said part is further amended by striking paragraph (5) of Code Section 12-3-404, relating to general powers of the authority, and inserting in lieu thereof the following:
"(5) To plan, survey, subdivide, administer, construct, erect, acquire, own, repair, remodel, maintain, add to, extend, improve, equip, operate to ensure maximum use of, 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 and to engage in such other activities as it deems appropriate to promote use of any project by means of promoting tourism and educational, entertainment, recreational, athletic, or other events within the state and to promote the use of the educational, historical, cultural, recreational, and natural resources of the state by persons using or visiting any project. 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;"
SECTION 5. Said part is further amended in Code Section 12-3-404, relating to general powers of the authority, by inserting a new paragraph to read as follows:
"(8.1) To organize a nonprofit corporation the purpose of which is to benefit and assist the authority in fulfilling the corporate purpose of the authority, pursuant to the provisions of Chapter 3 of Title 14, the 'Georgia Nonprofit Corporation Code';''.
SECTION 6. All laws and parts of laws in conflict with this Act are repealed.
Approved May 31,2003.
HIGHWAYS - OVERWEIGHT ASSESSMENTS; HYBRID VEHICLES; WORK ZONES.
No. 191 (House Bill No. 719).
AN ACT
To amend Chapter 6 of Title 32 of the Official Code of Georgia Annotated, relating to regulation of maintenance and use of public roads generally, so as to provide for the administrative determination of overweight assessments; to provide for penalties

_____________GEORGIA LAWS 2003 SESSION___________45J_
for violations; to provide for the perfection of liens upon vehicles subject to unpaid overweight assessments; to provide for the suspension ofthe registration ofvehicles subject to unpaid overweight assessments; to amend Chapter 9 of Title 32 of the Official Code of Georgia Annotated, relating to mass transportation, so as to provide for the authorization of hybrid vehicles to use designated travel lanes; to amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, so as to add hybrid vehicles to the definition of alternative fueled vehicles; so as to provide for circumstances under which a person may be cited for exceeding the speed limit in a highway work zone; to change the requirements for the size of required warning signs; to provide that the 30 day limitation regarding notice of reduction of the speed limit shall not apply to work zone speeding violations; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Code Section 32-6-27 of the Official Code of Georgia Annotated, relating to enforcement of load limitations, is amended by striking said Code section in its entirety and inserting in lieu thereof the following:
"32-6-27.
(a) Any person who violates the load limitation provisions of Code Section 32-6-26 shall be conclusively presumed to have damaged the public roads, including bridges, of this state by reason of such overloading and shall recompense the state for such damage in accordance with the following schedule:
(1) For the first 1,000 pounds of excess weight, 0.80 per pound; plus 1.50 per pound for the next 2,000 pounds of excess weight; plus 30 per pound for the next 2,000 pounds of excess weight; plus 40 per pound for the next 3,000 pounds of excess weight; plus 50 per pound for all excess weight over 8,000 pounds; (2) Where a vehicle is authorized to exceed the weight limitations of Code Section 32-6-26 by a permit issued pursuant to Code Section 32-6-28, the term 'excess weight' means that weight which exceeds the weight allowed by such permit. For such vehicles, damages for excess weight shall be assessed according to the following schedule: 125 percent times, in each category of excess weights, the rate imposed on offending vehicles operating without a permit.
(a.l)(l)(A) The Department of Motor Vehicle Safety is authorized to issue a citation to the owner or operator of any vehicle in violation of a maximum weight limit on a county road which is a designated local truck route under subsection (f) of Code Section 32-6-26 and for which signs have been placed and maintained as required under paragraph (2) of subsection (c) of Code Section 32-6-50. (B) The Department of Motor Vehicle Safety is authorized to issue a warning to the owner or operator of any vehicle in violation of a maximum

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weight limit on a county road which is a designated local truck route under subsection (f) of Code Section 32-6-26 but for which signs have not been placed or maintained as required under paragraph (2) of subsection (c) of Code Section 32-6-50 upon the first such violation and to issue a citation to such owner or operator for a subsequent such violation. (2)(A) The Department of Motor Vehicle Safety is authorized to issue a citation to the owner or operator of any vehicle in violation of a maximum weight limit on a bridge for which signs have been placed and maintained as required under paragraph (3) of Code Section 3 2-4-41 or subsection (a. 1) of Code Section 32-4-91. (B) The Department of Motor Vehicle Safety is authorized to issue a warning to the owner or operator of any vehicle in violation of a maximum weight limit on a bridge but for which signs have not been placed or maintained as required under paragraph (3) of Code Section 32-4-41 or subsection (a.l) of Code Section 32-4-91 upon the first such violation and to issue a citation to such owner or operator for a subsequent such violation. (b) The schedules listed in paragraphs (1) and (2) of subsection (a) of this Code section shall apply separately to (1) the excess weight of the gross load and (2) the sum of the excess weight or weights of any axle or axles, provided that where both gross load and axle weight limits are exceeded, the owner or operator shall be required to recompense the state only for the largest of the money damages imposed under items (1) and (2) of this subsection. (c)(l) Within 30 days after the issuance of the citation, the owner or operator of any offending vehicle shall pay the amount of the assessment to the Department of Motor Vehicle Safety or request an administrative determination of the amount and validity of the assessment. (2) The right to an administrative determination of the amount and validity of the assessment shall be granted only to the owner or operator of an offending vehicle. (3) The party requesting an administrative determination of the amount and validity of the assessment shall deposit the amount of the assessment with the Department of Motor Vehicle Safety, within the time permitted to request such determination, before the determination will be granted. In the event the assessment is determined to be erroneous, the Department of Motor Vehicle Safety shall make prompt refund of any overpayment after receipt of a final decision making such determination. (4) If an administrative hearing is requested, it shall be held in accordance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' and the rules and regulations of the Department of Motor Vehicle Safety. The scope of any such hearing shall be limited to a determination of: (A) The weight of the offending vehicle; (B) The maximum weight allowed by law on the roadway upon which the offending vehicle was operated; and (C) Whether the operator had in his or her actual possession a valid oversize or overweight permit issued by the Department of Transportation allowing

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the vehicle to operate in excess of the maximum weight otherwise allowed by law on the roadway upon which the offending vehicle was operated. (5) Any person who has exhausted all administrative remedies available within the Department of Motor Vehicle Safety and who is aggrieved by a final order of the Department of Motor Vehicle Safety is entitled to judicial review in accordance with Chapter 13 of Title 50. (6) If a party requests an administrative determination of the amount and validity of the assessment and fails to appear without first obtaining permission from the administrative law judge or does not withdraw the request in writing no less than five days in advance of a scheduled hearing, the party shall be deemed in default and the citation shall be affirmed by operation of law. The party shall be deemed to owe the sum of $75.00 in addition to the amount due on the citation, which sum shall represent hearing costs. (d) All moneys collected in accordance with this Code section shall be transmitted to the Department of Motor Vehicle Safety, thereafter to be disposed of as follows: (1) All moneys collected for violations of the weight limitations imposed by this article shall be remitted to the general fund of the state treasury; (2) All moneys collected for violations of the height, width, or length limitations imposed by this article, after the appropriate statutory deductions, shall be retained by the governing authority of the county wherein the violation occurred for deposit in the general treasury of said county; (3) Hearing costs imposed pursuant to paragraph (6) of subsection (c) of this Code section shall be retained by the Department of Motor Vehicle Safety; (4) Reissuance fees imposed pursuant to paragraph (4) of subsection (g) of this Code section shall be retained by the Department of Motor Vehicle Safety; and (5) Restoration fees imposed pursuant to paragraph (1) of subsection (i) of this Code section shall be retained by the Department of Motor Vehicle Safety. (e) Any owner or operator of a vehicle which is operated on the public roads of this state in violation of the weight limitations provided in this article shall be required, in addition to paying the moneys provided in subsection (a) of this Code section, to unload all gross weight in excess of 6,000 pounds over the legal weight limit before being allowed to move the vehicle. (f) Any person authorized by law to enforce this article may seize the offending vehicle of an owner who fails or whose operator fails to pay the moneys prescribed in subsection (a) of this Code section and hold such vehicle until the prescribed moneys are paid. If the offending vehicle is not registered in this state, any person authorized by law to enforce this article may seize any vehicle owned or operated by an owner who fails or whose operator fails to pay the moneys prescribed in subsection (a) of this Code section and hold such vehicle until the prescribed moneys are paid. Any person seizing a vehicle under this subsection or subsection (e) of this Code section may, when necessary, store the vehicle; and the owner thereof shall be responsible for all reasonable storage charges thereon. When any vehicle is seized, held, unloaded, or partially unloaded under these subsections, the load or any part thereof shall be removed or cared for by the

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owner or operator of the vehicle without any liability on the part of the authorized person or of the state or any political subdivision because of damage to or loss of such load or any part thereof.
(g)(l) Whenever any person, firm, or corporation violates this article and becomes indebted to the Department of Motor Vehicle Safety because of such violations and fails within 30 days of the date of issuance of the overweight assessment citation either to pay the assessment or appeal to the Department of Motor Vehicle Safety for administrative review, as provided for in subsection (c) of this Code section, such assessment shall become a lien upon the overweight motor vehicle so found to be in violation, which lien shall be superior to all liens except liens for taxes or perfected security interests established before the debt to the Department of Motor Vehicle Safety was created. (2) Whenever any person, firm, or corporation requests an administrative review, it shall be held in accordance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' In the event that the administrative law judge finds in favor of the Department of Motor Vehicle Safety, the person, firm, or corporation shall pay the assessment within 30 days after that decision becomes final or, if judicial review is had in accordance with Chapter 13 of Title 50, then within 30 days after final judicial review is terminated. If the person, firm, or corporation fails to pay the assessment within 30 days, such assessment shall become a lien as provided for under paragraph (1) of this subsection. (3) The Department of Motor Vehicle Safety shall perfect the lien created under this subsection by sending notice thereof on a notice designated by the commissioner of motor vehicle safety, by first-class mail or by statutory overnight delivery, to the owner and all holders of liens and security interests shown on the records of the Department of Motor Vehicle Safety maintained pursuant to Chapter 3 of Title 40. Upon receipt of notice from the Department of Motor Vehicle Safety, the holder of the certificate of title shall surrender same to the commissioner of motor vehicle safety for issuance of a replacement certificate of title bearing the lien of the department unless the assessment is paid within 30 days of the receipt of notice. The Department of Motor Vehicle Safety may append its lien to its records, notwithstanding the failure of the holder of the certificate of title to surrender said certificate as required by this paragraph. (4) Upon issuance of a title bearing the lien of the Department of Motor Vehicle Safety, or the appending of the lien to the records of the Department of Motor Vehicle Safety, the owner of the vehicle or the holder of any security interest or lien shown in the records of the department may satisfy such lien by payment of the amount of the assessment, including hearing costs, if any, and payment of a reissuance fee of $100.00. Upon receipt of such amount, the Department of Motor Vehicle Safety shall release its lien. (h)( 1) The Department of Motor Vehicle Safety, in seeking to foreclose its lien on the motor vehicle arising out of an overweight motor vehicle citation

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assessed under this article, may seek an immediate writ of possession from the court before whom the petition is filed, if the petition contains a statement of facts, under oath, by the Department of Motor Vehicle Safety, its agents, its officers, or attorney setting forth the basis of the petitioner's claim and sufficient grounds for issuance of an immediate writ of possession. (2) The Department of Motor Vehicle Safety shall allege under oath specific facts sufficient to show that it is within the power of the defendant to conceal, encumber, convert, convey, or remove from the jurisdiction of the court the property which is the subject matter of the petition. (3) The court before whom the petition is pending shall issue a- writ for immediate possession, upon finding that the petitioner has complied with paragraphs (1) and (2) of this subsection. If the petitioner is found not to have made sufficient showing to obtain an immediate writ of possession, the court may, nevertheless, treat the petition as one being filed under Code Section 44-14-231 and proceed accordingly. (4) When an immediate writ of possession has been granted, the Department of Motor Vehicle Safety shall proceed against the defendant in the same manner as provided for in Code Sections 44-14-265 through 44-14-269. (i)(l) Whenever any person, firm, or corporation violates this article and fails within 30 days of the date of issuance of the overweight assessment citation either to pay the assessment or appeal to the Department of Motor Vehicle Safety for an administrative review as provided for under Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' the Department of Motor Vehicle Safety may act to suspend the motor vehicle registration of the vehicle involved. However, if the person, firm, or corporation requests an administrative review, the Department of Motor Vehicle Safety shall act to suspend the registration only after the issuance of a final decision favorable to the Department of Motor Vehicle Safety and the requisite failure of the person, firm, or corporation to pay the assessment. Upon such failure to pay the assessment, the Department of Motor Vehicle Safety shall send a letter to the owner of such motor vehicle notifying the owner of the suspension of the motor vehicle registration issued to the motor vehicle involved in the overweight assessment citation. Upon complying with this subsection by paying the overdue assessment and upon submitting proof of compliance and paying a $10.00 restoration fee to the Department of Motor Vehicle Safety, the commissioner of motor vehicle safety shall reinstate any motor vehicle registration suspended under this subsection. In cases where the motor vehicle registration has been suspended under this subsection for a second or subsequent time during any two-year period, the Department of Motor Vehicle Safety shall suspend the motor vehicle registration for a period of 60 days and thereafter until the owner submits proof of compliance with this subsection and pays the $150.00 restoration fee to the Department of Motor Vehicle Safety. (2) Unless otherwise provided for in this Code section, notice of the effective date of the suspension of a motor vehicle registration occurs when the owner has actual knowledge or legal notice thereof, whichever first occurs. For the

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purposes of making any determination relating to the restoration of a suspended motor vehicle registration, no period of suspension shall be deemed to have begun until ten days after the mailing of the notice required in paragraph (1) of this subsection. (3) For the purposes of this subsection, except where otherwise provided, the mailing of a notice to a person at the name and address shown in records of the Department of Motor Vehicle Safety maintained under Chapter 3 of Title 40 shall, with respect to the holders of liens and security interests, be presumptive evidence that such person received the required notice. (4) For the purposes of this subsection, except where otherwise provided, the mailing of a notice to a person or firm at the name and address shown on the overweight assessment citation shall, with respect to owners and operators of vehicles involved in an overweight assessment, be presumptive evidence that such person received the required notice. (5) The commissioner of motor vehicle safety may suspend the motor vehicle registration of any offending vehicle for which payment of an overweight assessment is made by a check that is returned for any reason. (6) For the purposes of this subsection, where any provisions require the Department of Motor Vehicle Safety to give notice to a person, which notice affects such person's motor vehicle license plate, the mailing of such notice and the name and address shown on the notice of overdue assessment citation supplied by the Department of Motor Vehicle Safety, as required by this subsection, shall be presumptive evidence that such person received the required notice."
SECTION 2. Chapter 9 of Title 32 of the Official Code of Georgia Annotated, relating to mass transportation, is amended in Code Section 32-9-4, relating to designation of travel lanes and use of such lanes, by adding a new subsection (a. 1) to read as follows:
"(a. 1) Upon approval through either legislative action in the United States Congress or regulatory action by the United States Department of Transportation to permit hybrid vehicles with fewer than two occupants to operate in a high occupancy vehicle lane, the department shall authorize hybrid vehicles, as defined in Code Section 40-2-76, to use the travel lanes designated for such vehicles as provided in paragraph (4) of subsection (a) of this Code section."
SECTION 3. Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, is amended in Code Section 40-2-76, relating to alternative fueled vehicle license plates, by striking subsection (a) and inserting in its place the following:
"(a) As used in this Code section, the term: (1) 'Alternative fuel' means methanol, denatured ethanol, and other alcohols; mixtures containing 85 percent or more or such other percentage, but not less than 70 percent, as determined by the United States secretary of energy, by rule as it existed on January 1, 1997, to provide for requirements relating to cold

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start, safety, or vehicle functions, by volume of methanol, denatured ethanol, and other alcohols with gasoline or other fuels; natural gas; liquefied petroleum gas; hydrogen; coal derived liquid fuels; fuels other than alcohol derived from biological materials; electricity including electricity from solar energy; and any other fuel the United States secretary of energy determined by rule as it existed on January 1, 1997, is substantially not petroleum and would yield substantial energy security benefits and substantial environmental benefits. (2) 'Alternative fueled vehicle' means:
(A) Any vehicle fueled by alternative fuel as defined in paragraph (1) of this subsection; or (B) A hybrid vehicle, which means a motor vehicle which draws propulsion energy from onboard sources of stored energy which include an internal combustion or heat engine using combustible fuel and a rechargeable energy storage system; and, in the case of a passenger automobile or light truck, means for any 2000 and later model, a vehicle which has received a certificate of conformity under the Clean Air Act, 42 U.S.C. Section 7401, et seq., and meets or exceeds the equivalent qualifying California low-emission vehicle standard under Section 243(e)(2) of the Clean Air Act, 42 U.S.C. Section 7583(c)(2), for that make and model year or, for any 2004 and later model, a vehicle which has received a certificate that such vehicle meets or exceeds the Bin 5 Tier II emission level established in regulations prescribed by the administrator of the Environmental Protection Agency under Section 202(i) of the Clean Air Act, 42 U.S.C. Section 7521(i), for that make and model year vehicle and which achieves a composite label fuel economy greater than or equal to 1.5 times the Model Year 2002 EPA composite class average for the same vehicle class and which is made by a manufacturer."
SECTION 4. Said title is further amended in Code Section 40-6-188, relating to highway work zones, by striking subsection (e) and inserting in its place the following:
"(e)( 1) In order for a person to be cited or convicted for exceeding a speed limit, reduced or otherwise, in any highway work zone as provided in paragraph (2) of this subsection, there must be present in the highway work zone at the time of the offense the signage required by this Code section and either:
(A) Work zone personnel; or (B) Barriers, on-site work vehicles, or shoulder or pavement drop offs that constitute a hazard to the traveling public. (2) A person convicted of exceeding the speed limit, reduced or otherwise, in any highway work zone designated pursuant to this Code section shall be guilty of a misdemeanor of a high and aggravated nature and shall be punished by a fine of not less than $ 100.00 nor more than $2,000.00 or by imprisonment for a term not to exceed 12 months, or both."

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SECTION 5. Article 2 of Chapter 14 of Title 40 of the Official Code of Georgia Annotated, relating to speed detection devices, is amended by striking Code Section 40-14-6, relating to required warning signs, and inserting in its place the following:
"40-14-6.
(a) Each county, municipality, college, and university using speed detection devices shall erect signs on every highway which comprises a part of the state highway system at that point on the highway which intersects the corporate limits of the municipality, the county boundary, or the boundary of the college or university campus. Such signs shall be at least 24 by 30 inches in area and shall warn approaching motorists that speed detection devices are being employed. No such devices shall be used within 500 feet of any such warning sign erected pursuant to this subsection. (b) In addition to the signs required under subsection (a) of this Code section, each county, municipality, college, and university using speed detection devices shall erect speed limit warning signs on every highway which comprises a part of the state highway system at that point on the highway which intersects the corporate limits of the municipality, the county boundary, or the boundary of the college or university campus. Such signs shall be at least 24 by 30 inches in area, shall warn approaching motorists of changes in the speed limit, shall be visible plainly from every lane of traffic, shall be viewable in any traffic conditions, and shall not be placed in such a manner that the view of such sign is subject to being obstructed by any other vehicle on such highway. No such devices shall be used within 500 feet of any such warning sign erected pursuant to this subsection."
SECTION 6. Said article is further amended in Code Section 40-14-9, relating to when evidence obtained in certain areas is inadmissible and use of a speed detection device on a hill, by striking said Code section in its entirety and inserting in its place the following:
"40-14-9.
Evidence obtained by county or municipal law enforcement officers in using speed detection devices within 300 feet of a reduction of a speed limit inside an incorporated municipality or within 600 feet of a reduction of a speed limit outside an incorporated municipality or consolidated city-county government shall be inadmissible in the prosecution of a violation of any municipal ordinance, county ordinance, or state law regulating speed; nor shall such evidence be admissible in the prosecution of a violation as aforesaid when such violation has occurred within 30 days following a reduction of the speed limit in the area where the violation took place, except that this 3 0 day limitation shall not apply to a speeding violation within a highway work zone, as defined in Code Section 40-6-188. No speed detection device shall be employed by county, municipal, or campus law enforcement officers on any portion of any highway which has a grade in excess of 7 percent."

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SECTION 7. All laws and parts of laws in conflict with this Act are repealed.
Approved May 31, 2003.
APPROPRIATIONS - SUPPLEMENTAL; UNEMPLOYMENT TRUST FUND.
No. 192 (House Bill No. 735).
AN ACT
To provide for the Department of Labor a supplemental appropriation, pursuant to and in accordance with provisions of Code Section 34-8-81 of the Official Code of Georgia Annotated, relating to the creation and purposes of the Employment Security Administration Fund, and Code Section 34-8-85 of the Official Code of Georgia Annotated, relating to certain withdrawals from the Unemployment Trust Fund, of additional funds which are otherwise available to the Department of Labor out of funds credited to and held in this state's account in the Unemployment Trust Fund by the Secretary of the Treasury of the United States pursuant to Section 903 of the Social Security Act, as amended, for the purpose of providing for the payment of expenses of administration of Chapter 8 of Title 34 of the Official Code of Georgia Annotated, the "Employment Security Law," as amended, including personal services and operating and other expenses incurred in the administration of said law, as well as for the procurement, through purchase or rental, either or both, of offices, lands, buildings or parts of buildings, fixtures, furnishings, equipment, technology, data, reports and studies, supplies, and the construction of buildings or parts of buildings suitable for use in this state by the Department of Labor, and for the payment of expenses incurred for the construction, maintenance, improvements, or repair of or alterations to such real or personal property; to authorize the Commissioner of Labor to direct the obligation and expenditure of said funds and to employ workers, contract with persons, public and private agencies, corporations, and other entities, and to do all other things necessary to accomplish the purposes of this Act; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. There is appropriated to the Department of Labor out of funds credited to and held in this state's account in the Unemployment Trust Fund by the Secretary of the Treasury of the United States pursuant to and in accordance with Section 903 of the Social Security Act, as amended, an additional amount of $1,520,724.11. Of said

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additional amount, the sum of $1,520,724.11 is authorized to be allocated for expenses incurred in the administration of Chapter 8 of Title 34 of the Official Code of Georgia Annotated, the "Employment Security Law," as amended, including personal services and operating and other expenses incurred in the administration of said law, as well as for the purchase or rental, either or both, of improvements, repairs, or alterations to and of offices, lands, buildings or parts of buildings, fixtures, furnishings, equipment, technology, data, reports and studies, supplies, and the construction of buildings or parts of buildings suitable for use in this state by the Department of Labor, and for the payment of expenses incurred for the acquisition, purchase, rental, construction, maintenance, improvements, repairs, or alterations of and to such real or personal property. Notwithstanding any other provision of this section, the amount appropriated in this Act shall not exceed the amount in the Unemployment Trust Fund which may be obligated for expenditure for such purposes as provided in Code Section 34-8-85 of the Official Code of Georgia Annotated, relating to certain withdrawals from the Unemployment Trust Fund, and the amount which may be obligated shall not exceed the limitations provided in Code Section 34-8-85 of the Official Code of Georgia Annotated, relating to certain withdrawals from the Unemployment Trust Fund; provided, however, that said additional funds shall not be obligated for expenditure, as provided in this Act, after the close of the two-year period which begins on the date of enactment of this Act.
SECTION 2. The Commissioner of Labor is authorized, pursuant to and in accordance with Section 903 of the Social Security Act, as amended, to requisition, and to direct the obligation and expenditure for use in such locations in this state as the Commissioner finds to be economical and desirable, such money as authorized in this Act and in Code Section 34-8-81 of the Official Code of Georgia Annotated, relating to the creation and purposes of the Employment Security Administration Fund, and Code Section 34-8-85 of the Official Code of Georgia Annotated, relating to certain withdrawals from the Unemployment Trust Fund, and, in the manner and for the purposes authorized in this Act, including personal services and operating and other expenses incurred in the administration of said laws, as well as for the procurement, through purchase or rental, either or both, of offices, lands, buildings or parts of buildings, fixtures, furnishings, equipment, technology, data, reports and studies, supplies, and the construction of buildings or parts of buildings suitable for use by the Department of Labor, for the payment of expenses incurred for the construction, maintenance, improvements, or repair of or alterations to such real or personal property, to employ workers, contract with persons, public and private agencies, corporations, and other entities, to allocate any unexpended amounts appropriated by this Act, and to do all other things necessary to accomplish the purposes of this Act. The acquisition of any real or personal property and the expenditure of any funds appropriated by this Act shall be in accordance with this state's applicable laws existing on the effective date of this Act.

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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 31,2003.
AGRICULTURE - VIDALIA ONIONS; MARKETING; GRADES.
No. 193 (House Bill No. 798).
AN ACT
To amend Article 6 of Chapter 14 of Title 2 of the Official Code of Georgia Annotated, the "Vidalia Onion Act of 1986," so as to change certain provisions relating to definitions; to change certain provisions relating to rules and regulations and enforcement of said article; to change certain provisions relating to marketing season opening date; to change certain provisions relating to standards for grades; to provide for an advisory panel; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Article 6 of Chapter 14 of Title 2 of the Official Code of Georgia Annotated, the "Vidalia Onion Act of 1986," is amended by striking Code Section 2-14-131, relating to definitions, and inserting in lieu thereof the following:
"2-14-131. As used in this article, the term:
(1) 'Person' means an individual, partnership, corporation, association, or any other legal entity. (2) 'Shipping date' means the first day on which Vidalia onions may be shipped for sale. (3) 'Vidalia onion' means all onions of the Vidalia onion variety grown in the Vidalia onion production area. (4) 'Vidalia Onion Advisory Panel' means the advisory panel established pursuant to Code Section 2-14-138. (5) 'Vidalia onion production area' means a production area which encompasses only the State of Georgia or such lesser area as may be provided for pursuant to subsection (a) of Code Section 2-14-133.

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(6) 'Vidalia onion variety' means varieties of Allium Cepa of the hybrid yellow granex, granex parentage, or other similar varieties. The Commissioner may limit the usage of certain varieties or authorize the inclusion of new varieties based upon recommendations of the director of the Experiment Stations of the College of Agricultural and Environmental Sciences of the University of Georgia."
SECTION 2. Said article is further amended by striking subsection (a) of Code Section 2-14-133, relating to rules and regulations and enforcement of said article, and inserting in lieu thereof the following:
"(a) The Commissioner is authorized to prescribe rules or regulations which may include, but not necessarily be limited to, quality standards, grades, packing, handling, labeling, and marketing practices for the marketing of onions in this state, including the requirements that all Vidalia onions be initially packed only in the Vidalia onion production area and that no Vidalia onion may be shipped from the Vidalia onion production area in bulk except as may be authorized by rule, and such other regulations as are necessary to administer properly this article. The Commissioner may also prescribe rules or regulations establishing a registration, inspection, and verification program for the production and marketing of Vidalia onions in this state and, after hearing and public comment, further limiting the Vidalia onion production area as defined in paragraph (5) of Code Section 2-14-131. Pursuant to such rules, regulations, and conditions as may be prescribed by the Commissioner, the Commissioner is authorized to grant variances in the production area requirements of this article to any producer who has produced in Georgia, marketed, and labeled onions of the Vidalia onion variety as Vidalia onions prior to January 31,1986. Such rules or regulations may include within the definition of Vidalia onion variety as defined in paragraph (6) of Code Section 2-14-131 other hybrids or varieties of onions which may be developed and which have characteristics similar to the Vidalia onion variety. All onions sold must conform to the prescribed standards and grades and must be labeled accordingly."
SECTION 3. Said article is further amended by striking Code Section 2-14-136, relating to marketing season opening date, and inserting in lieu thereof the following:
"2-14-136.
The Commissioner may determine and announce a shipping date each year for the Vidalia onion marketing season in this state upon the recommendation of the Vidalia Onion Advisory Panel. Vidalia onions may be shipped prior to such date with a mandatory U.S. No. 1 grade certificate. The Vidalia Onion Advisory Panel shall survey the conditions of the Vidalia onion crop and recommend a shipping date for the marketing season to the Commissioner."

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SECTION 4. Said article is further amended by striking Code Section 2-14-137, relating to standards for grades, and inserting in lieu thereof the following:
"2-14-137. The standards for grades adopted by the U.S. Department of Agriculture, U.S. Standards for Grades of Bermuda-Granex-Grano Type Onions, effective January 1, 1960, as amended March 18, 1962, and February 20, 1985, (7 CFR 51.3195-51.3209), December 31, 1981, and U.S. Standards for Grades of Common Green Onions (7 CFR 51.1055-51.1071) December 31, 1981, are adopted and shall be the standards for grades in this state, except that the Commissioner may establish tolerances or allowable percentages of U.S. Standards each season upon the recommendation of the Vidalia Onion Advisory Panel."
SECTION 5. Said article is further amended by adding a new Code section to read as follows:
"2-14-138. The Commissioner shall appoint a Vidalia Onion Advisory Panel, to consist of individuals involved in growing, packing, or growing and packing Vidalia onions; at least one county cooperative extension agent from the Vidalia onion production area; and any other person or persons selected by the Commissioner, for the purpose of rendering advice upon his or her request regarding the exercise of his or her authority pursuant to Code Sections 2-14-136 and 2-14-137. Members of the advisory panel shall receive no compensation for their service as such members."
SECTION 6. All laws and parts of laws in conflict with this Act are repealed.
Approved May 31, 2003.
STATE PROPERTY - CONVEYANCE; MACON, MUSCOGEE, RICHMOND, TALBOT, TROUP,
DECATUR, FUETON, COFFEE, AND BAEDWIN COUNTIES.
No. 194 (Senate Resolution No. 121).
A RESOEUTION
Authorizing the conveyance of certain State owned real property located in Macon County, Georgia; authorizing the conveyance of certain State owned real property located in Muscogee County, Georgia; authorizing the conveyance of certain State

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owned real property located in Richmond County, Georgia; authorizing the conveyance of certain State owned real property located in Talbot County, Georgia; authorizing the conveyance of certain State owned real property located in Troup County, Georgia; authorizing the conveyance of certain State owned real property located in Decatur County, Georgia; authorizing the conveyance of certain State owned real property located in Fulton County, Georgia; authorizing the conveyance of certain State owned real property located in Coffee County, Georgia; authorizing the conveyance of certain State owned real property located in Baldwin 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 Macon County, Georgia; (2) Said real property is all that tract or parcel of land lying and being in Land Lots 260 and 269 of the 28th Land District of Macon County, Georgia, as shown on a plat of survey prepared by Paul S. Bucheler, Georgia Registered Land Surveyor #2633, dated July 10, 2002, containing approximately 1.25 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 of the Department of Corrections and is a portion of the Macon County State Prison; (4) Macon County is desirous of acquiring the above-described property in order to widen and improve County Road #18, also known as Lockerman Road; (5) The Department of Corrections has no objection to the conveyance of the above-described property to Macon County for the purpose of making road improvements; and
WHEREAS: (1) The State of Georgia is the owner of a certain parcel of real property located in Muscogee County, Georgia; (2) Said real property is all that tract or parcel of land lying and being in Land Lot 100 of the 9th Land District, Muscogee County and containing approximately 2.57 acres as shown as Parcel Bl on a plat of survey entitled "Georgia Bureau of Investigation", May 1, 2002, and prepared by Mitchell J. Paulk, Georgia Registered Land Surveyor #2773 and 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; (3) Said property is under the custody of the Georgia Bureau of Investigation and was formerly the site of the Western Regional Crime Lab; (4) The above-described property was conveyed to the State in 1973 by Muscogee County for a consideration of $1.00;

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(5) The Georgia Bureau of Investigation has constructed a new Regional Crime Lab facility and has declared the above-described property surplus to the needs of the Department; (6) Muscogee County is desirous of acquiring the above-described property from the State for use as a Police Precinct; and
WHEREAS: (1) The State of Georgia is the owner of a certain parcel of real property located in Richmond County, Georgia; (2) Said real property is all that tract or parcel of land lying and being in the 600th GMD of Richmond County containing approximately 0.49 of one acre, and being more particularly described on a plat of survey entitled "Proposed Acquisition by the State of Georgia", dated September 1, 1976, and prepared by Charles T. Dillard, Georgia Registered Land Surveyor #1834 and being on file in the offices of the State Properties Commission, and may be more particularly described on a plat of survey prepared by a Georgia Registered Land Surveyor and presented to the State Properties Commission for approval; (3) Said property is under the custody of the Georgia Bureau of Investigation and was the former site of the Eastern Regional Crime Lab; (4) The above-described property was conveyed to the State in 1978 by the City of Augusta for a consideration of $1.00; (5) The Georgia Bureau of Investigation has constructed a new Regional Crime Lab facility and has declared the above-described property surplus to the needs of the Department; (6) Richmond County is desirous of acquiring the above-described property from the State for use by the Richmond County Sheriffs Department; and
WHEREAS: (1) The State of Georgia is the owner of a certain parcel of real property located in Talbot County, Georgia; (2) Said real property is all that tract or parcel of land lying and being in Land Lot 203 of the 16th District of Talbot County and being more particularly described as follows: Beginning at a stake on the east side of U. S. Highway #80, which said stake is 1225 feet south as measured along the east side of said right of way from the north line of Land Lot 203, and proceeding from said point of beginning south 63 degrees east a distance of 209 feet to a stake; thence south 34 degrees west a distance of 209 feet to a stake; thence north 63 degrees west a distance of 209 feet to a stake on said right of way; thence north 34 degrees east along the east side of said right of way a distance of 209 feet to the point of beginning. Said tract bounded, now or formerly, as follows: North by lands of H. H. Harrison; east by other lands of Talbot County, Georgia; south by property of the State Highway Department; west by the right of way of U. S. Highway #80. Said tract contains one acre of land, more or less, and being the west half of the lands described in a deed from H. H. Harrison to Talbot County, Georgia dated February 21,1956, and of record in

466______GENERAL ACTS AND RESOLUTIONS, VOL. I_________
deed book YY, page 326, Clerk's Office Talbot Superior Court, and may be more particularly described on a plat of survey prepared by a Georgia Registered Land Surveyor and presented to the State Properties Commission for approval; (3) Said property is the location of the Talbot County Georgia Forestry Unit Headquarters; (4) Talbot County conveyed the above-described property to the State of Georgia in 1956 for a consideration of $5.00; (5) The Georgia Forestry Commission intends to construct a new Unit Headquarters in Talbot County and intends to declare the above-described property surplus to the need of the Commission once the new facility is completed; (6) Talbot County is desirous of acquiring the above-described property once it is declared surplus by the State; and
WHEREAS: (1) The State of Georgia is the owner of a property interest in a certain parcel of real property located in Troup County, Georgia; (2) Said real property interest is in all those tracts or parcels of land lying and being in the Land Lots 98 and 99 of the 12th District of Troup County and containing approximately 110.23 acres as more fully shown as Tract A containing 59.918 acres and Shiloh Cemetary containing 1.404 acres on a plat of survey entitled "Survey for Troup County Board of Education-Tin Bridge Road (North Site)", prepared by J. Hugh Camp, Georgia Registered Land Surveyor, dated March 20,2002, and recorded in Plat Book 65, Page 219 in the Office of the Clerk of the Superior Court of Troup County, Georgia; and the property more fully shown as Tract B containing 46.764 acres and Tract C containing 2.148 acres, on a plat or survey entitled "Survey for Troup County Board of Education-Tin Bridge Road (South Site)" prepared by J. Hugh Camp, Georgia Registered Land Surveyor, dated March 25,2002, and recorded in Plat Book 65, Page 218 in the Office of the Clerk of the Superior Court of Troup County, Georgia, and being on file in the offices of the State Properties Commission and may be more particularly described on a plat of survey prepared by a Georgia Registered Land Surveyor and presented to the State Properties Commission for approval; (3) Said property interest is in property willed to the Georgia Sheriffs Youth Homes, Inc. in 1986, such will providing that if the property should not be used by the Georgia Sheriffs Youth Homes, Inc. the property would be transferred to the State of Georgia for use as a park; (4) The Troup County Board of Education has acquired the underlying fee interest in the above-described property as the site of a new middle school; (5) The Troup County Board of Education is desirous of acquiring the State of Georgia owned property interest in order to retain clear titled to the property;

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(6) The Department of Natural Resources has no objection to the above-described property interest being conveyed to the Troup County Board of Education for the above-stated purpose; and
WHEREAS: (1) The State of Georgia is the owner of a property interest in a certain parcel of real property located in Troup County, Georgia; (2) Said real property interest is in all those tracts or parcels of land lying and being in Land Lots 11 and 161 of the 6th and 12th Land Districts of Troup County and containing approximately 17 acres as more fully shown as Parcel 1, Tract 1 of Project "Youngs Mill Road Bridge Replacement Georgia D.O.T. Project No. BRLBZ-285(21); and Parcel 1, Tract 2 of Project "Youngs Mill Road Bridge Replacement Georgia D.O.T Project No. BRLBZ-285(21), plans of such projects being on file in the offices of the State Properties Commission and may be more particularly described on a plat of survey prepared by a Georgia Registered Land Surveyor and presented to the State Properties Commission for approval; (3) Said property interest is in property willed to the Georgia Sheriffs Youth Homes, Inc. in 1986, such will providing that if the property should not be used by the Georgia Sheriffs Youth Homes, Inc. the property would be transferred to the State of Georgia for use as a park; (4) Troup County has acquired the underlying fee interest in the above-described property as part of a project to replace a bridge over Youngs Mill Road; (5) Troup County is desirous of acquiring the State of Georgia owned property interest in order to retain clear titled to the property; (6) The Department of Natural Resources has no objection to the above-described property interest being conveyed to the Troup County Board of Education for the above-stated purpose; and
WHEREAS: (1) The State of Georgia is the owner of a certain parcel of real property located in Decatur County, Georgia; (2) Said real property is all those tracts or parcels of land lying and being in Land Lot 429 of the 15th Land District of Decatur County and containing approximately 15 acres as more fully shown highlighted in yellow on a plat of survey entitled "Proposed State Property-Bainbridge Air Base" as prepared by Murff Hawkins, Georgia Registered Land Surveyor # 726, dated March 31, 1966 being on file in the offices of the State Properties Commission and may be more particularly described on a plat of survey prepared by a Georgia Registered Land Surveyor and presented to the State Properties Commission for approval; (3) Said property is a portion of Southwest Georgia Regional Hospital, under the custody of the Department of Corrections;

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(4) Decatur County conveyed the above-described property, which is a portion of a 209 acre tract, to the State of Georgia in 1966 for a consideration of $ 1.00; (5) Decatur owns property adjoining the above-described property and operates a County owned golf course on said adjoining County owned property; (6) Decatur County is desirous of acquiring the above-described property in order to expand and improve said golf course; (7) The Department of Corrections has no objection to the conveyance of the above-described property to Decatur for the so stated purpose; and
WHEREAS: (1) The State of Georgia is the owner of a property interest in a certain parcel of real property located in Fulton County, Georgia; (2) Said real property is all those tracts or parcels of land lying and being in Land Lot 365 of the 6th Land District of Fulton County and containing approximately 11.46 acres as more fully shown on a plat of survey entitled "Island Ford Park Site" as prepared by Jean G. Gibbs, Georgia Registered Land Surveyor # 1546, dated August 20, 1975, being on file in the offices of the State Properties Commission and may be more particularly described on a plat of survey prepared by a Georgia Registered Land Surveyor and presented to the State Properties Commission for approval; (3) Said property was conveyed to Fulton County by the State of Georgia in 1975 for a consideration of $10.00 and the assurance that the County would develop the property for public recreational purposes; (4) The deed of conveyance contained language providing that if Fulton County should fail to develop the property for public recreational purposes within a year of the property's conveyance to the County then the property shall revert to the State of Georgia; (5) The above-described property provides a critical linkage between two parcels developed and owned by the National Park Service along the Chattahoochee River National Recreation Area; (6) The Trust for Public Land is desirous of placing a conservation easement on the property in order to preserve the property in perpetuity; (7) Fulton County is desirous of counting the above-described property toward the State of Georgia's Greenspace protection goal; (8) It has been determined that compliance with the above-stated deed development restriction by Fulton County is in question; and
WHEREAS: (1) The State of Georgia is the owner of a certain parcel of real property located in Coffee County, Georgia; (2) Said real property is all those tracts or parcels of land lying and being in Land Lot 175 of the 6th Land District of Coffee County and containing approximately 3 acres and more particularly described as follows: BEGINNING on the west boundary line of the right of way of U. S. Highway

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No. 441 at a point 752 feet north of the intersection of the south original land lot line of said lot with the west boundary line of the right of way of said highway; thence south 84 degrees west a distance of 653.4 feet; thence north 4 degrees 20 minutes west 200 feet; thence north 84 degrees east 653.4 feet to the west boundary line of the right of way of U. S. Highway No. 441; thence south 4 degrees 20 minutes east along the west boundary line of said right of way a distance of 200 feet to the point of beginning, and may be more particularly described on a plat of survey prepared by a Georgia Registered Land Surveyor and presented to the State Properties Commission for approval; (3) Said property is the location of Georgia State Patrol Post 36; (4) Coffee County conveyed the above-described property to the State of Georgia in 1964 for a consideration of $10.00; (5) Coffee County intends to construct a new Georgia State Patrol Post for use by the State; (6) Coffee County is desirous of acquiring the above-described property once the Georgia State Patrol has occupied the new facility; (7) The Georgia State Patrol has no objection to the conveyance of the above-described property to Coffee County for the so stated purpose; and
WHEREAS: (1) The State of Georgia is the owner of a certain parcel of real property located in Baldwin County, Georgia; (2) Said real property is all that tract or parcel of land lying and being in Land Lot 258 of the 1st Land District of Baldwin County and containing approximately 0.38 of one acre and more particularly described as being tract 3 on a plat of survey prepared by Ralph A. True, Georgia Registered Land Surveyor # 2202, dated July 18, 2002, and being on file in the offices of the State Properties Commission, and may be more particularly described on a plat of survey prepared by a Georgia Registered Land Surveyor and presented to the State Properties Commission for approval; (3) Said property is separated from other State owned property by Thomas Field Road; (4) Said property adjoins the residence of Russell Bloodworm et al; (5) Russell Bloodworm et al is desirous of acquiring the above-described property for inclusion in his residence; (6) The Department of Human Resources has no objection to the conveyance of the above-described property.
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 above-described Macon County 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 Macon County by the State of Georgia acting by and through its State Properties Commission for a consideration of $ 1.00, so long as the property is used for public purpose and such further consideration and provisions as the State Properties Commission shall in its discretion determine to be in the best interest of the State of Georgia.
SECTION 3. That the authorization in this resolution to convey the above-described property to Macon County shall expire three years after the date that this resolution becomes effective.
SECTION 4. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyance.
SECTION 5. That the deed of conveyance shall be recorded by the Grantee in the Superior Court of Macon 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 Department of Corrections until the property is conveyed to Macon County.
ARTICLE II SECTION 7.
That the State of Georgia is the owner of the above-described Muscogee County 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 real properties may be conveyed by appropriate instrument to the Consolidated Government of Columbus, Georgia, by the State of Georgia, acting by and through the State Properties Commission County, for a consideration of $1.00, so long as the property is used for public purpose, and such

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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 9. That the authorization in this resolution to convey the above-described property shall expire three years after the date that this resolution becomes effective.
SECTION 10. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyances.
SECTION 11. That the deeds of conveyance shall be recorded by the Grantee in the Superior Court of Muscogee County and a recorded copy shall be forwarded to the State Properties Commission.
SECTION 12. That custody of the above-described property shall remain in the Georgia Bureau of Investigation until the property is conveyed to the Consolidated Government of Columbus, Georgia.
ARTICLE III SECTION 13.
That the State of Georgia is the owner of the above-described Richmond County 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 14. That above-described property may be conveyed to Augusta/Richmond County by appropriate instrument by the State of Georgia acting by and through its State Properties Commission for a consideration of $ 1.00, so long as the property is used for public purpose and such further consideration and provisions as the State Properties Commission shall in its discretion determine to be in the best interest of the State of Georgia.
SECTION 15. 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 16. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyances.

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SECTION 17. That the deed of conveyance shall be recorded by the Grantee in the Superior Court of Richmond County and a recorded copy shall be forwarded to the State Properties Commission.
SECTION 18. That custody of the above-described property shall remain in the Department of Human Resources until the property is conveyed.
ARTICLE IV SECTION 19.
That the State of Georgia is the owner of the above-described Talbot County 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 20. That the above-described real property may be conveyed by appropriate instrument to Talbot County by the State of Georgia, acting by and through the State Properties Commission for a consideration of $1.00, so long as the property is used for public purpose and such further consideration and provisions as the State Properties Commission shall in its discretion determine to be in the best interest of the State of Georgia.
SECTION 21. That the above-described property shall not be conveyed to Talbot County until after said property has been declared surplus by the Georgia Forestry Commission.
SECTION 22. That the authorization in this resolution to convey the above-described property to Talbot County shall expire three years after the date that this resolution becomes effective.
SECTION 23. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyance.
SECTION 24. That the deed of conveyance shall be recorded by the Grantee in the Superior Court of Talbot County and a recorded copy shall be forwarded to the State Properties Commission.

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SECTION 25. That custody of the property will remain in the Georgia Forestry Commission until the property is conveyed.
ARTICLE V SECTION 26.
That the State of Georgia is the owner of a property interest in the above-described Troup County 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 27. That the above-described real property interest may be conveyed by appropriate instrument to the Troup County Board of Education by the State of Georgia, acting by and through the State Properties Commission for a consideration of $1.00, so long as the property is used for public purpose and such further consideration and provisions as the State Properties Commission shall in its discretion determine to be in the best interest of the State of Georgia.
SECTION 28. That the authorization in this resolution to convey the above-described property interest to the Troup County Board of Education County shall expire three years after the date that this resolution becomes effective.
SECTION 29. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyance.
SECTION 30. That the deed of conveyance shall be recorded by the Grantee in the Superior Court of Troup County and a recorded copy shall be forwarded to the State Properties Commission.
ARTICLE VI SECTION 31.
That the State of Georgia is the owner of a property interest in the above-described Troup County 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 32. That the above-described real property interest may be conveyed by appropriate instrument to Troup County by the State of Georgia, acting by and through the State

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Properties Commission for a consideration of $1.00, so long as the property is used for public purpose and such further consideration and provisions as the State Properties Commission shall in its discretion determine to be in the best interest of the State of Georgia.
SECTION 33. That the authorization in this resolution to convey the above-described property interest to Troup County shall expire three years after the date that this resolution becomes effective.
SECTION 34. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyance.
SECTION 35. That the deed of conveyance shall be recorded by the Grantee in the Superior Court of Troup County and a recorded copy shall be forwarded to the State Properties Commission.
ARTICLE VII SECTION 36.
That the State of Georgia is the owner of the above-described Decatur County 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 37. That the above-described real property may be conveyed by appropriate instrument to Decatur County by the State of Georgia, acting by and through the State Properties Commission for a consideration of $1.00, so long as the property is used for public purpose and such further consideration and provisions as the State Properties Commission shall in its discretion determine to be in the best interest of the State of Georgia.
SECTION 38. That the authorization in this resolution to convey the above-described property to Decatur County shall expire three years after the date that this resolution becomes effective.
SECTION 39. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyance.

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SECTION 40. That the deed of conveyance shall be recorded by the Grantee in the Superior Court of Decatur County and a recorded copy shall be forwarded to the State Properties Commission.
SECTION 41. That custody of the above-described property shall remain in the Department of Corrections until the property is conveyed.
ARTICLE VIII SECTION 42.
That the State of Georgia is the owner of the above-described Fulton County real property interest 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 43. That the above-described real property interest may be conveyed by appropriate instrument to Fulton County by the State of Georgia, acting by and through the State Properties Commission for a consideration of $1.00, so long as the property is used for public purpose and such further consideration and provisions as the State Properties Commission shall in its discretion determine to be in the best interest of the State of Georgia.
SECTION 44. That the authorization in this resolution to convey the above-described property interest to Fulton County shall expire three years after the date that this resolution becomes effective.
SECTION 45. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyance.
SECTION 46. That the deed of conveyance shall be recorded by the Grantee in the Superior Court of Fulton County and a recorded copy shall be forwarded to the State Properties Commission.
ARTICLE IX SECTION 47.
That the State of Georgia is the owner of the above-described Coffee County real property and that in all matters relating to the conveyance of the real property the State of Georgia is acting by and through its State Properties Commission.

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SECTION 48. That the above-described real property may be conveyed by appropriate instrument to Coffee County by the State of Georgia, acting by and through the State Properties Commission for a consideration of $ 1.00, so long as the property is used for public purpose and such further consideration and provisions as the State Properties Commission shall in its discretion determine to be in the best interest of the State of Georgia.
SECTION 49. That the authorization in this resolution to convey the above-described property to Coffee County shall expire three years after the date that this resolution becomes effective.
SECTION 50. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyance.
SECTION 51. That the deed of conveyance shall be recorded by the Grantee in the Superior Court of Coffee County and a recorded copy shall be forwarded to the State Properties Commission.
SECTION 52. That custody of the above-described property shall remain in the custody of the Georgia State Patrol until the property is conveyed.
ARTICLE X SECTION 53.
That the State of Georgia is the owner of the above-described Baldwin County 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 54. That the above-described real property may be conveyed by appropriate instrument to Russell Bloodworm et al 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 interest of the State of Georgia.
SECTION 55. That the authorization in this resolution to convey the above-described property to Russell Bloodworm et al shall expire three years after the date that this resolution becomes effective.

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SECTION 56. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyance.
SECTION 57. That the deed of conveyance shall be recorded by the Grantee in the Superior Court of Baldwin County and a recorded copy shall be forwarded to the State Properties Commission.
SECTION 58. That custody of the above-described property shall remain in the custody of the Department of Human Resources until the property is conveyed.
ARTICLE XI SECTION 59.
That all laws and parts of laws in conflict with this resolution are repealed.
Approved May 31, 2003.
PENAL INSTITUTIONS - TRANSFER FEE; NONINDIGENT ADULT OFFENDERS.
No. 195 (Senate Bill No. 47).
AN ACT
To amend Chapter 9 of Title 42 of the Official Code of Georgia Annotated, relating to pardons and paroles, so as to authorize the charging and collection of a $25.00 fee for applications submitted by nonindigent adult offenders seeking to transfer their supervision to another state or territory; to provide 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. Chapter 9 of Title 42 of the Official Code of Georgia Annotated, relating to pardons and paroles, is amended by adding at the end thereof a new Article 5 to read as follows:

478_______GENERAL ACTS AND RESOLUTIONS, VOL. I______
"ARTICLE 5
42-9-90. (a) As used in this Code section, the term:
(1) 'Adult' means both individuals legally classified as adults and juveniles treated as adults by court order, statute, or operation of law. (2) '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 the jurisdiction of courts, paroling authorities, corrections, or other criminal justice agencies. (3) 'State' means a state of the United States, the District of Columbia, or any other territorial possessions of the United States. (b) The Department of Corrections and the State Board of Pardons and Paroles are authorized to require any nonindigent adult offender to pay a $25.00 application fee when applying to transfer his or her supervision from Georgia to any other state or territory pursuant to the provisions of Articles 3 and 4 of 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 31, 2003.
CRIMES - DEPOSIT ACCOUNT FRAUD; MAXIMUM CHARGES.
No. 196 (Senate Bill No. 104).
AN ACT
To amend Code Section 16-9-20 of the Official Code of Georgia Annotated, relating to deposit account fraud, so as to increase the maximum service charge; 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 16-9-20 ofthe Official Code ofGeorgia Annotated, relating to deposit account fraud, is amended by striking subsection (j) and inserting in lieu thereof the following:
"(j) For purposes of this Code section, no service charge or bad instrument charge shall exceed $30.00 or 5 percent of the face amount of the instrument, whichever is greater, except that the holder of the instrument may also charge the maker an additional fee in an amount equal to that charged to the holder by the bank or financial institution as a result of the instrument not being honored."
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.
Approved May 31, 2003.
CONTRACTS - BAD CHECKS; DAMAGES.
No. 197 (Senate Bill No. 105).
AN ACT
To amend Code Section 13-6-15 of the Official Code of Georgia Annotated, relating to damages for writing bad checks, so as to increase the maximum service charge; to change provisions relating to mailing; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBEY OF GEORGIA:
SECTION 1. Code Section 13-6-15 of the Official Code of Georgia Annotated, relating to damages for writing bad checks, is amended by striking subsections (a), (b), and (c) and inserting in their respective places the following:
"(a) Notwithstanding any criminal sanctions which may apply, any person who makes, utters, draws, or delivers any check, draft, or order upon any bank, depository, person, firm, or corporation for the payment of money, which drawee refuses to honor the instrument for lack of funds or credit in the account from which to pay the instrument or because the maker has no account with the drawee, and who fails to pay the same amount in cash to the payee named in the instrument within ten days after a written demand therefor, as provided in subsection (c) of this Code section, has been delivered to the maker by certified mail, or statutory overnight delivery shall be liable to the payee, in addition to the amount owing upon such check, draft, or order, for damages of double the

480______GENERAL ACTS AND RESOLUTIONS, VOL. I________
amount so owing, but in no case more than $500.00, and any court costs incurred by the payee in taking the action. In addition to delivery of notice as provided for herein, notice may be given by first-class mail to the address printed on the check given by the maker at the time of issuance or, in the case of a draft or order, to the last known address. If the question of sufficiency of notice becomes an issue, when notice is by first-class mail, the sender of the purported notice shall give an affidavit, under oath, that notice was made as provided for herein and there shall be a rebuttable presumption that proper notice was given. (b) The payee may charge the maker of the check, draft, or order a service charge not to exceed $30.00 or 5 percent of the face amount of the instrument, whichever is greater, plus the amount of any fees charged to the holder of the instrument by a bank or financial institution as a result of the instrument not being honored, when making written demand for payment. (c) Before any recovery under subsection (a) of this Code section may be claimed, a written demand in substantially the form which follows shall be sent by certified mail, statutory overnight delivery, or first-class mail supported by an affidavit of service to the address printed or written on the check given by the maker at the time of issuance of the check or, in the case of a draft or order, to the last known address, the notice to be deemed conclusive ten days following the date the affidavit is executed, to the maker of the instrument at the address shown on the instrument:
'You are hereby notified that a check or instrument numbered _______, issued by you on _________(date), drawn upon _______(name of bank), and payable to _______________, has been dishonored. Pursuant to Georgia law, you have ten days from receipt of this notice to tender payment of the full amount of the check or instrument plus a service charge of $30.00 or 5 percent of the face amount of the check or instrument, whichever is greater, plus the amount of any fees charged to the holder of the instrument by a bank or financial institution as a result of the instrument not being honored, the total amount due being $________. Unless this amount is paid in full within the ten-day period, the holder of the check or instrument may file a civil suit against you for two times the amount of the check or instrument, but in no case more than $500.00, in addition to the payment of the check or instrument plus any court costs incurred by the payee in taking the action.'"
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.
Approved May 31, 2003.

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WATERS - REPORTABLE BOATING ACCIDENTS; VESSELS AND REQUIRED EQUIPMENT.
No. 198 (Senate Bill No. 134).
AN ACT
To amend Article 1 of Chapter 7 of Title 52 of the Official Code of Georgia Annotated, relating to general provisions relative to registration, operation, and sale of watercraft, so as to change certain provisions relating to definitions; to change certain provisions relating to classification of vessels and required equipment; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Article 1 of Chapter 7 of Title 52 of the Official Code of Georgia Annotated, relating to general provisions relative to registration, operation, and sale of watercraft, is amended by striking paragraph (22) of Code Section 52-7-3, relating to definitions, and inserting in lieu thereof the following:
"(22) 'Reportable boating accident' means an accident, collision, or other casualty involving a vessel subject to this article which results in loss of life, injury sufficient to cause incapacitation for at least 24 hours, or actual physical damage to property, including vessels, in excess of $2,000.00."
SECTION 2. Said article is further amended by striking paragraph (1) of subsection (d) of Code Section 52-7-8, relating to classification of vessels and required equipment, and inserting in lieu thereof the following:
"(1) Every vessel shall be equipped with and carry aboard, at all times, at least one Type I, II, III, or V (hybrid) personal flotation device for each person on board; provided, however, Type V (hybrid) devices are acceptable only when worn and securely fastened. In addition to the individual personal flotation device, each vessel 16 feet or more in length, except for canoes and kayaks, must at all times be equipped with at least one Type IV (throwable) device."
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.
Approved May 31, 2003.

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INSURANCE - LIFE INSURANCE; INSURABLE INTEREST.
No. 199 (Senate Bill No. 156).
AN ACT
To amend Chapter 24 of Title 33 of the Official Code of Georgia Annotated, relating to insurance generally, so as to change the definition of insurable interest; to provide notice to employees when an employer purchases life insurance on such employees; to provide an opportunity for such employees to refuse to participate; to change the definition of employee; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Chapter 24 of Title 33 of the Official Code of Georgia Annotated, relating to insurance generally, is amended by striking subsection (c) of Code Section 33-24-3, relating to insurable interest with reference to personal insurance, and inserting a new subsection (c) to read as follows:
"(c) A corporation, foreign or domestic, has an insurable interest in the life or physical or mental ability of any of its directors, officers, or employees or the directors, officers, or employees of any of its subsidiaries or any other person whose death or physical or mental disability might cause financial loss to the corporation; or, pursuant to any contractual arrangement with any shareholder concerning the reacquisition of shares owned by him or her at the time of his or her death or disability, on the life or physical or mental ability of that shareholder for the purpose of carrying out such contractual arrangement; or, pursuant to any contract obligating the corporation as part of compensation arrangements or pursuant to a contract obligating the corporation as guarantor or surety, on the life of the principal obligor. The trustee of a trust established by a corporation for the sole benefit of the corporation has the same insurable interest in the life or physical or mental ability of any person as does the corporation. The trustee of a trust established by a corporation providing life, health, disability, retirement, or similar benefits to employees of the corporation or its affiliates and acting in a fiduciary capacity with respect to such employees, retired employees, or their dependents or beneficiaries has an insurable interest in the lives of employees for whom such benefits are to be provided. As used in this subsection, the term 'employee' shall include any and all directors, officers, employees, or retired employees. The term 'employee1 shall include any former employee, but only for the purpose of replacing existing life insurance that will be surrendered in exchange for new life insurance in an amount not exceeding the insurance being surrendered."

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SECTION 2. Said chapter is further amended by striking subsections (b) and (d) of Code Section 33-24-6, relating to consent of insured to insurance contract, and inserting in lieu thereof new subsections (b) and (d) to read as follows:
"(b)(l) If a contract of life insurance is issued as authorized in paragraph (4) or (5) of subsection (a) of this Code section, the insurer shall be required to give written notice of such life insurance in accordance with paragraph (3) of this subsection and provide the employees an opportunity to refuse to participate. For all contracts of life insurance issued or delivered for issuance in this state after July 1,2003, pursuant to paragraph (4) or (5) of subsection (a) of this Code section, the written consent of each individual proposed to be insured shall be obtained prior to the issuance of a policy on such individual. Written consent shall include an acknowledgment that the corporation may maintain life insurance coverage on such individual after such individual's employment with the corporation has terminated. (2) If a contract of life insurance is issued as authorized in paragraphs (1) or (2) of subsection (a) of this Code section, the insurer shall be required to give written notice of such life insurance in accordance with paragraph (3) of this subsection. (3) At the time of the issuance or delivery of the contract of insurance, notice of the issuance of the policy shall be delivered to the insured in person or by depositing the notice in the United States mail, to be dispatched by at least first-class mail to the home, business, or other address of record of the insured. The insurer may obtain a receipt provided by the United States Postal Service as evidence of mailing such notice or obtain such other evidence of mailing as prescribed or accepted by the United States Postal Service. The insurer shall not be required to provide the notice set forth in this subsection with respect to any application for credit life insurance; any insured who is older than the age of majority and who has signed or otherwise acknowledged the application in writing; any application for insurance covering the life of a minor; or any application for a contract of life insurance with a face amount of less than $10,000.00." "(d) As used in paragraphs (4), (5), and (6) of subsection (a) of this Code section, the term 'employee' shall include any and all directors, officers, employees, or retired employees. The term 'employee' shall include any former employee, but only for the purpose of replacing existing life insurance that will be surrendered in exchange for new life insurance in an amount not exceeding the insurance being surrendered."
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.
Approved May 31, 2003.

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MOTOR VEHICLES - DISCLOSURE OF REGISTRATION INFORMATION; COMMERCIAL DRIVER'S LICENSE; REPORTS; INFECTIOUS SUBSTANCES; MEDICAL WASTE.
No. 200 (Senate Bill No. 173).
AN ACT
To amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, so as to provide for the disclosure of information to governmental agencies; to provide for the addition and modification of certain definitions; to provide for certain prohibitions against the operation of a commercial motor vehicle; to provide for an additional endorsement for a commercial driver's license; to provide for additional investigation of applicants for commercial drivers' licenses; to provide for additional disqualifications from operating a commercial motor vehicle; to correct a reference; to provide for a civil penalty against an employer who allows, permits, requires, or authorizes a commercial vehicle driver to violate a railroad grade crossing provision; to add certain provisions relating to railroad crossings; to provide that buses must stop at railroad crossings; to provide for reports of traffic deaths by chief executive law enforcement officers; to provide for the prescription of accident report forms by the commissioner of motor vehicle safety; to provide that the transportation of infectious substances and regulated medical waste shall comply with federal regulations; to provide for the designation of law enforcement officers by the commissioner to have certain powers; 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 in Code Section 40-2-130, relating to records of certificates of registration, by striking subsection (d) in its entirety and inserting in lieu thereof the following:
"(d) The commissioner may, in his or her discretion, authorize the release of registration records to any appropriate governmental official, entity, or agency for the purposes of carrying out official governmental functions or legitimate governmental duties."
SECTION 2. Said title is further amended in Code Section 40-3-23, relating to issuance of certificate of title, maintenance of record of certificates issued, public inspection, furnishing records for fee, and publishing statistical reports, by striking subsection (e) in its entirety and inserting in lieu thereof the following:

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"(e) The commissioner may, in his or her discretion, authorize the release of title records to any appropriate governmental official, entity, or agency for the purposes of carrying out official governmental functions or legitimate governmental duties."
SECTION 3. Said title is further amended by striking in its entirety Code Section 40-5-142, relating to definitions, and inserting in lieu thereof the following:
"40-5-142.
As used in this article, the term: (1) 'Alcohol' means: (A) Beer, ale, port, or stout and other similar fermented beverages, including sake or similar products, of any name or description containing one-half of 1 percent or more of alcohol by volume, brewed or produced from malt, wholly or in part, or from any substitute therefor; (B) Wine of not less than one-half of 1 percent of alcohol by volume; (C) Distilled spirits which means that substance known as ethyl alcohol, ethanol, or spirits of wine in any form, including all dilutions and mixtures thereof from whatever source or by whatever process produced; or (D) Any substance containing any form of alcohol, including, but not limited to, ethanol, methanol, propanol, and isopropanol. (2) 'Alcohol concentration' means: (A) The number of grams of alcohol per 100 milliliters of blood; (B) The number of grams of alcohol per 210 liters of breath; or (C) The number of grams of alcohol per 67 milliliters of urine. (3) 'Commerce' means: (A) Trade, traffic, and transportation within the jurisdiction of the United States between locations in a state and between a location in a state and a location outside such state including a location outside the United States; and (B) Trade, traffic, and transportation in the United States which affects any trade, traffic, and transportation described in subparagraph (A) of this paragraph. (4) 'Commercial Driver License Information System' (CDLIS) means the information system established pursuant to the Commercial Motor Vehicle Safety Act of 1986, Title XII, Public Law 99-570, to serve as a clearing-house for locating information related to the licensing and identification of commercial motor vehicle drivers. (5) 'Commercial driver's instruction permit' means a permit issued pursuant to subsection (c) of Code Section 40-5-147. (6) 'Commercial driver's license' (CDL) means a license issued in accordance with the requirements of this article to an individual which authorizes the individual to drive a class of commercial motor vehicle. (7) 'Commercial motor vehicle' means a motor vehicle designed or used to transport passengers or property:

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(A) If the vehicle has a gross vehicle weight rating of 26,001 or more pounds or such lesser rating as determined by federal regulation; (B) If the vehicle is designed to transport 16 or more passengers, including the driver; or (C) If the vehicle is transporting hazardous materials and is required to be placarded in accordance with the Motor Carrier Safety Rules prescribed by the United States Department of Transportation, Title 49 C.F.R. Part 172, subpart F; provided, however, that for the purposes of this article, no agricultural vehicle, military vehicle operated by military personnel, recreational vehicle, or fire-fighting or emergency equipment vehicle shall be considered a commercial vehicle. As used in this paragraph, the term 'agricultural vehicle' means a farm vehicle which is controlled and operated by a farmer; used to transport agricultural products, farm machinery, or farm supplies to or from a farm; and operated within 150 miles of such person's farm; which vehicle is not used in the operations of a common or contract carrier. Any other waiver by the Federal Highway Administration pursuant to Federal Law 49 C.F.R. Parts 383, 391, RIN 2125-AB 68, of the United States Department of Transportation shal 1 supersede state law in authorizing the Department of Motor Vehicle Safety to exempt said classes. (8) 'Controlled substance' means any substance so defined under Code Section 16-13-21 and includes all substances listed in Schedules I through V of 21 C.F.R. Part 1308, as they may be revised from time to time. (9) 'Conviction' means a forfeiture of bail or collateral deposited to secure the person's appearance in court, a plea of guilty or nolo contendere accepted by the court, a finding of guilt, or the payment of a fine or court cost, regardless of whether the penalty is rebated, suspended, or probated. (10) 'Disqualification' means any of the following: (A) The suspension, revocation, or cancellation of a commercial driver's license by any state or jurisdiction of issuance; (B) The withdrawal of a person's privilege to drive a commercial motor vehicle by any state or by any other jurisdiction as the result of a violation of any state or local law relating to motor vehicle traffic control, other than parking, vehicle weight, or vehicle defect violations; or (C) A determination by the Federal Motor Carrier Safety Administration that a person is not qualified to operate a commercial motor vehicle. (11) 'Drive' means to operate or be in actual physical control of a motor vehicle in any place open to the general public for purposes of vehicular traffic. For purposes of Code Sections 40-5-151 and 40-5-152, 'drive' includes operation or actual physical control of a motor vehicle anywhere in this state. (12) 'Driver' means any person who drives, operates, or is in actual physical control of a commercial motor vehicle in any place open to the general public for purposes of vehicular traffic or who is required to hold a commercial driver's license.

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(13) 'Driver's license' means a license issued by a state to any individual which authorizes the individual to drive a motor vehicle. (13.1) 'Driving a commercial vehicle while under the influence of alcohol' means committing any one or more of the following acts while a person is driving or in actual physical control of a moving commercial motor vehicle:
(A) Driving while the person's alcohol concentration is 0.04 percent or more by weight of alcohol in his or her blood, breath, or urine; (B) Driving under the influence of alcohol, as prescribed by Code Section 40-6-391; or (C) Refusal to submit to state-administered chemical testing when requested to do so by a law enforcement officer. (14) 'Employer' means any person, including the United States, a state, or a political subdivision of a state, who owns or leases a commercial motor vehicle or assigns a person to drive a commercial motor vehicle on its behalf. (14.1) 'Fatality1 means the death of a person as a result of a motor vehicle crash. (15) 'Felony' means any offense under state or federal law that is punishable by death, by imprisonment for life, or by imprisonment for more than 12 months. (16) 'Foreign jurisdiction' means any jurisdiction other than a state of the United States. (17) 'Gross vehicle weight rating' (GVWR) means the value specified by the manufacturer or manufacturers as the maximum loaded weight of a single or a combination (articulated) vehicle, or registered gross weight, whichever is greater. The gross vehicle weight rating of a combination (articulated) vehicle, commonly referred to as the 'gross combination weight rating' (GC WR), is the gross vehicle weight rating of the power unit plus the gross vehicle weight rating of the towed unit or units. In the absence of a value specified for the towed unit or units by the manufacturer or manufacturers, the gross vehicle weight rating of a combination (articulated) vehicle is the gross vehicle weight rating of the power unit plus the total weight of the towed unit or units, including the loads on them. (18) 'Hazardous materials' has the meaning the term has under 49 U.S.C.A. Section 5101, et seq. (18.1) 'Imminent hazard' means the existence of a condition that presents a substantial likelihood that death, serious illness, severe personal injury, or a substantial endangerment to health, property, or the environment may occur before the reasonably foreseeable completion date of a formal proceeding begun to lessen the risk of that death, illness, injury, or endangerment. (19) 'Motor vehicle' means a vehicle, machine, tractor, trailer, or semitrailer propelled or drawn by mechanical power used on highways, or any other vehicle required to be registered under the laws of this state, but does not include any vehicle, machine, tractor, trailer, or semitrailer operated exclusively on a rail.

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(19.1) 'Noncommercial motor vehicle' means a motor vehicle or combination of vehicles not defined by the term 'commercial motor vehicle' in this Code section or in the regulations of the department for the purpose of licensure. (20) 'Nonresident commercial driver's license' means a commercial driver's license issued by a state to any individual who resides in a foreign jurisdiction. (21) 'Out of service order' means a temporary prohibition against driving a commercial motor vehicle. (21.1) 'School bus' means a commercial motor vehicle used to transport pre-primary, primary, or secondary school students from home to school, from school to home, or to and from school-sponsored events. The term does not include a bus used as a common carrier. (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; (E) A violation, arising in connection with a fatal crash, of state law or a local ordinance, relating to motor vehicle traffic control, excluding parking, weight, length, height, and vehicle defect violations; (F) A railroad grade crossing violation as defined under state law or local ordinance; (G) Driving a commercial motor vehicle without obtaining a commercial driver's license; (H) Driving a commercial motor vehicle without a valid commercial driver's license in the driver's immediate possession; or (I) Driving a commercial motor vehicle without a commercial driver's license of the proper class and/or endorsements for the specific vehicle being operated or for the passengers or type of cargo transported. (23) 'State' means a state of the United States and the District of Columbia. (24) Tank vehicle' means any commercial motor vehicle designed to transport any liquid or gaseous materials within a tank that is either permanently or temporarily attached to the vehicle or the chassis. Such vehicles include, but are not limited to, cargo tanks and portable tanks as defined by federal law. However, the term 'tank vehicle' shall not include a portable tank having a rated capacity under 1,000 gallons. (25) 'United States' means the 50 states and the District of Columbia."
SECTION 4. Said title is further amended by striking in its entirety Code Section 40-5-145, relating to duties of employer, and inserting in lieu thereof the following:
"40-5-145.
(a) Each employer shall require every commercial motor vehicle driver applicant to provide the information specified in subsection (d) of Code Section 40-5-144.

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(b) No employer may knowingly allow, require, permit, or authorize a driver to drive a commercial motor vehicle during any period:
(1) In which the driver has a driver's license suspended, revoked, or canceled by a state; has lost the privilege to drive a commercial motor vehicle in a state; or has been disqualified from driving a commercial motor vehicle; (2) In which the driver has more than one driver's license; (3) In which the driver, or the commercial motor vehicle that he or she is driving, or the motor carrier operation, is subect to an out of service order; or (4) In violation of a federal, state, or local law or regulation pertaining to railroad-highway grade crossings."
SECTION 5. Said title is further amended in Code Section 40-5-150, relating to contents of license, classifications, endorsements and restrictions, information to be obtained before issuance, notice of issuance, expiration of license, and renewal, by striking in their entirety subsections (c) and (e) and inserting in lieu thereof the following:
"(c) Commercial driver's licenses may be issued with the following endorsements and restrictions:
(1) 'H' Authorizes the driver to drive a vehicle transporting hazardous materials; (2) 'L' Restricts the driver to vehicles not equipped with air brakes; (3) T Authorizes driving double and triple trailers; (4) 'P' Authorizes driving vehicles carrying 16 or more passengers, including the driver, but does not authorize the driver to drive a school bus; (5) 'N' Authorizes driving tank vehicles; (5.1) 'S' Authorizes the driver to drive a school bus; and (6) 'X' Represents a combination of hazardous materials and tank vehicle endorsements. The fee for Classes A, B, C, M, and P licenses and for the endorsements and restrictions shall be as provided in Code Section 40-5-25." "(e) Before issuing a commercial driver's license, the department shall obtain driving record information through the Commercial Driver License Information System, through the National Driver Register (NDR), and from each state in which the applicant has been licensed."
SECTION 6. Said title is further amended by striking in its entirety 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:
"40-5-151. (a) Any person is disqualified from driving a commercial motor vehicle for a period of not less than one year:
(1) If convicted of a first violation of:

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(A) Any offense specified in Code Section 40-5-54 that occurs while the person is driving or being in actual physical control of a moving commercial motor vehicle or a moving noncommercial vehicle; (B) Driving or being in actual physical control of a moving commercial motor vehicle while there is 0.04 percent or more by weight of alcohol in his or her blood, breath, or urine; or (C) Driving or being in actual physical control of a moving noncommercial vehicle in violation of Code Section 40-6-391; or (2) For refusal to submit to a test as prescribed in Code Section 40-5-55 to determine the driver's alcohol concentration while driving a commercial motor vehicle or a noncommercial motor vehicle. (b) Any person is disqualified from driving a commercial motor vehicle for a period of not less than three years if convicted of a first violation of using a commercial motor vehicle in the commission of a felony or for offenses specified in paragraph (1) of subsection (a) of this Code section, provided that the vehicle being operated or used in connection with such violation or commission of such felony is transporting a hazardous material required to be placarded under Section 105 of the Hazardous Material Transportation Act. (c) Any person is disqualified from driving a commercial motor vehicle for life if convicted of two or more violations of any of the offenses specified in subsection (a) of Code Section 40-5-54 or Code Section 40-6-391, the refusal to submit to state-administered chemical testing as prescribed by Code Section 40-5-55, or any combination of those offenses or refusals, arising from two or more separate incidents. (d) The department may issue regulations establishing guidelines, including conditions, under which a disqualification for life under subsection (c) of this Code section may be reduced to a period of not less than ten years. The department is not authorized to make any other reduction in a term of disqualification or to issue a limited or other permit or license that would allow the operation of a commercial motor vehicle during the term of disqualification mandated by this Code section. (e) Any person is disqualified from driving a commercial motor vehicle for life who knowingly uses a commercial motor vehicle in the commission of any felony involving the manufacture, distribution, or dispensing of a controlled substance, or possession with intent to manufacture, distribute, or dispense a controlled substance. (f)(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 or a noncommercial 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

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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. (g)( 1) Any person is disqualified from driving a commercial motor vehicle based on the following violations of out-of-service orders:
(A) First violation a driver who is convicted of a first violation of an out-of-service order is disqualified for a period of not less than 90 days and not more than one year; (B) Second violation a driver who is convicted of two violations of out-of-service orders in separate incidents is disqualified for a period of not less than one year and not more than five years; and (C) Third or subsequent violation a driver who is convicted of three or more violations of out-of-service orders in separate incidents is disqualified for a period of not less than three years and not more than five years. (2) Whenever the operator of a commercial motor vehicle is issued an out-of-service order, a copy of such order shall be issued to the operator of the commercial motor vehicle, the operator of the commercial motor vehicle's employer, and a copy or notice of such out-of-service order shall be provided to the department. The form of such out-of-service order, the procedures for notifying the department upon the issuance of such an order, and other matters relative to the issuance of out-of-service orders and violations thereof shall be provided in rules and regulations promulgated by the commissioner. (h) After suspending, revoking, or canceling a commercial driver's license, the department shall update its records to reflect that action within ten days. After suspending, revoking, or canceling a nonresident commercial driver's privileges, the department shall notify the licensing authority of the state which issued the commercial driver's license within ten days."
SECTION 7. Said title is further amended by striking in its entirety Code Section 40-5-152, relating to operating vehicle while having measurable alcohol in system and refusal to take chemical test, and inserting in lieu thereof the following:
"40-5-152.
(a) Notwithstanding any other provision of this article, a person may not drive, operate, or be in physical control of a commercial motor vehicle while having any measurable alcohol in his or her system. (b) A person who drives, operates, or is in physical control of a commercial motor vehicle while having any measurable alcohol in his or her system or who

492______GENERAL ACTS AND RESOLUTIONS, VOL. I________
refuses to take a test prescribed by Code Section 40-5-55 to determine his or her alcohol content must be placed out of service for 24 hours."
SECTION 8. Said title is further amended by striking in its entirety Code Section 40-5-159, relating to violations, and inserting in lieu thereof the following:
"40-5-159.
(a) Any person who drives a commercial motor vehicle while in violation of the provisions of Code Section 40-5-143 or any employer who knowingly allows, requires, permits, or authorizes a driver to drive a commercial motor vehicle in violation of the provisions of subsection (b) of Code Section 40-5-145 shall be guilty of a felony and, upon conviction thereof, shall be punished as follows:
(1) By a civil penalty of $2,500.00 for each offense; and (2) By a fine of $5,000.00, imprisonment for not more than 90 days, or both, for each offense. (b) Any employer who reports fraudulent information to the department regarding an employee's employment or experience as required under 49 C.F.R. Part 383 shall be guilty of a misdemeanor and, upon conviction thereof, shall be fined not less than $500.00. (c) Any person who drives a commercial motor vehicle while in violation of the provisions mandated under Code Section 40-5-146 shall be guilty of a misdemeanor and, upon conviction thereof, shall be fined not less than $500.00. The department shall suspend the commercial driver's license or commercial driving privilege of such driver for a period of six months. (d) Any employer who knowingly allows, requires, permits, or authorizes a driver to drive a commercial motor vehicle in violation of any federal, state, or local law or regulation pertaining to railroad grade crossings shall be subject to a civil penalty in an amount not to exceed $10,000.00."
SECTION 9. Said title is further amended by striking in its entirety Code Section 40-6-140, relating to obedience to signal indicating approach of train, and inserting in lieu thereof the following:
"40-6-140.
(a) Whenever any person driving a vehicle approaches a railroad grade crossing, such driver shall stop within 50 feet but not less than 15 feet from the nearest rail of such railroad and shall not proceed until he can do so safely, when:
(1) A clearly visible electric or mechanical signal device gives warning of the immediate approach of a train; (2) A crossing gate is lowered or a human flagman gives or continues to give a signal of the approach of the passage of a train; or (3) An approaching train is plainly visible and is in hazardous proximity to such crossing.

_____________GEORGIA LAWS 2003 SESSION___________493
(b) No person shall drive any vehicle through, around, or under any crossing gate or barrier at a railroad crossing while such gate or barrier is closed or is being opened or closed. (c) If no electric or mechanical signal device is giving warning of the immediate approach of a train, no crossing gate or barrier is closed, there is no stop sign at the crossing, and there is no human flagman giving warning, all drivers shall slow to a reasonable and prudent speed and verify that there is no approaching train prior to proceeding. For the purposes of this subsection, 'a reasonable and prudent speed' means a speed slow enough to enable the driver to safely stop the vehicle prior to reaching the nearest rail of such crossing. (d) No person shall drive a vehicle over a railroad grade crossing when a train is approaching. (e) No person shall drive a vehicle over a railroad grade crossing if there is insufficient space to drive completely through the crossing without stopping. (f) No person shall drive a vehicle over a railroad grade crossing if there is insufficient undercarriage clearance for the vehicle to negotiate the crossing."
SECTION 10. Said title is further amended by striking in its entirety Code Section 40-6-142, relating to certain vehicles to stop at all railroad crossings, and inserting in lieu thereof the following:
"40-6-142.
(a) Except as provided in subsection (b) of this Code section, the driver of any motor vehicle carrying passengers for hire, any bus, whether or not operated for hire, or of any school bus, whether carrying any school children or empty, or of any vehicle carrying any hazardous material listed in Section 392.10 of Title 49 of the Code of Federal Regulations, as those regulations currently exist or as they may in the future be amended or in regulations adopted by the commissioner of motor vehicle safety, before crossing at grade any track or tracks of a railroad, shall stop such vehicle within 50 feet but not less than 15 feet from the nearest rail of such railroad and while so stopped shall listen and look in both directions along such track for any approaching train and for signals indicating the approach of a train and shall not proceed until he can do so safely. After stopping as required in this Code section and upon proceeding when it is safe to do so, the driver of any such vehicle shall cross only in such gear of the vehicle that there will be no necessity for changing gears while traversing such crossing, and the driver shall not shift gears while crossing the track or tracks. (b) No stop need be made at any such crossing where:
(1) Traffic is directed to proceed by a police officer, a firefighter, or a railroad flagman; (2) A traffic-control signal directs traffic to proceed; (3) The highway crosses an abandoned railroad track which is marked with a sign indicating its abandoned status, where such signs are erected by or under the direction of the local or state authority having jurisdiction over the highway; or

494______GENERAL ACTS AND RESOLUTIONS, VOL. I_________
(4) The highway crosses an industrial siding or spur track marked 'exempt,' where such signs are erected by or under the direction of the local or state authority having jurisdiction over the highway."
SECTION 11. Said title is further amended by striking in its entirety Code Section 40-6-253.1, relating to transportation of etiologic agent, exception, and penalty for violation, and inserting in lieu thereof the following:
"40-6-253.1. (a) As used in this Code section, the terms 'infectious substance' and 'regulated medical waste' have the same meaning as given to those terms under the federal Hazardous Materials Regulations published in Title 49 of the Code of Federal Regulations as those regulations currently exist or may in the future be amended. The terms 'etiologic agent' and 'infectious substance' are synonymous. (b) The transportation of infectious substances and regulated medical waste, including but not limited to the marking of packages and marking or placarding of vehicles with appropriate warnings, shall comply with the requirements of the federal Hazardous Material Regulations published in Title 49 of the Code of Federal Regulations as those regulations currently exist or may in the future be amended and with compatible regulations adopted or promulgated by the commissioner of motor vehicle safety. (c) Nurses, physicians, and other health care professionals may utilize all applicable exceptions contained in federal regulations and in the regulations of the Department of Motor Vehicle Safety when transporting infectious substances. (d) Violation of the provisions of this Code section shall constitute a misdemeanor."
SECTION 12. Said title is further amended by striking in its entirety Code Section 40-6-277, relating to sheriffs to report deaths, and inserting in lieu thereof the following:
"40-6-277.
Every sheriff and chief executive officer of a law enforcement agency other than a sheriff shall, on or before the tenth day of each month, report in writing to the Department of Motor Vehicle Safety the death of any person within their jurisdiction during the preceding calendar month as the result of a traffic accident known to them, giving the time and place of the accident and the circumstances relating thereto, in the manner specified by the commissioner of motor vehicle safety."
SECTION 13. Said title is further amended in Code Section 40-9-3, relating to administration of chapter, rules and regulations, hearings, and appeals, by striking subsection (a) in its entirety and inserting in lieu thereof the following:
"(a) The commissioner shall administer and enforce this chapter and is authorized to adopt and enforce rules and regulations necessary for its

_____________GEORGIA LAWS 2003 SESSION___________495
administration. The commissioner shall prescribe and provide suitable forms requisite or deemed necessary for the purposes of this chapter."
SECTION 14. Said title is further amended in Code Section 40-16-2, relating to primary responsibilities, by striking subsection (b) in its entirety and inserting in lieu thereof the following:
"(b) In performance of the duties specified in subsection (a) of this Code section, certified law enforcement officers employed by the department or designated by the commissioner shall:
(1) Be authorized to carry firearms; (2) Exercise arrest powers; (3) Have the power to stop, enter upon, and inspect all motor vehicles using the public highways for purposes of determining whether such vehicles have complied with and are complying with this chapter and other laws the administration or enforcement of which is the responsibility of the department; (4) Have the power to examine the facilities where motor vehicles are housed or maintained and the books and records of motor carriers for purposes of determining compliance with this chapter and other laws the administration or enforcement of which is the responsibility of the department; and (5) Exercise the powers generally authorized for law enforcement officers in the performance of the duties specified by this chapter or otherwise to the extent needed to protect any life or property when the circumstances demand action."
SECTION 15. This Act shall become effective on October 1, 2003.
SECTION 16. All laws and parts of laws in conflict with this Act are repealed.
Approved May 31,2003.
SOCIAL SERVICES - CONVICTION DATA.
No. 201 (Senate Bill No. 200).
AN ACT
To amend Chapter 2 of Title 49 of the Official Code of Georgia Annotated, relating to the commissioner, Department, and Board of Human Resources, so as to permit the department to obtain conviction data that is relevant to any adult who has contact with a child who is the subject of a protective services referral, complaint,

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or investigation; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Chapter 2 of Title 49 of the Official Code of Georgia Annotated, relating to the commissioner, Department, and Board of Human Resources, is amended by striking subsections (b) and (d) of Code Section 49-2-14, relating to record search for conviction data on prospective employees, and inserting in their respective places the following:
"(b) The department may receive from any law enforcement agency conviction data that is relevant to a person whom the department, its contractors, or a district or county health agency is considering as a final selectee for employment in a position the duties of which involve direct care, treatment, custodial responsibilities, or any combination thereof for its clients. The department may also receive conviction data which is relevant to a person whom the department, its contractors, or a district or county health agency is considering as a final selectee for employment in a position if, in the judgment of the employer, a final employment decision regarding the selectee can only be made by a review of conviction data in relation to the particular duties of the position and the security and safety of clients, the general public, or other employees. Further, the department or any licensed child-placing agency, designated by the department to assist it in preparing studies of homes in which children in its custody may be placed, may receive from any law enforcement agency conviction data that is relevant to any adult person who resides in a home where children in the custody of the department may be placed. In addition, the department may receive from any law enforcement agency conviction data that is relevant to any adult person who the department has reason to believe has contact with a child who is the subject of a child protective services referral, complaint, or investigation." "(d) All conviction data received shall be for the exclusive purpose of making employment decisions or decisions concerning children in the custody of the department or who are the subjects of a child protective services referral, complaint, or investigation and shall be privileged and shall not be released or otherwise disclosed to any other person or agency except to any person or agency with a legal right to inspect the employment, department, or licensed child-placing agency file. Immediately following the employment decisions or upon receipt of the conviction data concerning any adult person who has contact with a child who is the subject of a child protective services referral, complaint, or investigation or who resides in a home where children in the custody of the department may be placed, all such conviction data collected by the department or the licensed child-placing agency shall be maintained by the department or child-placing agency pursuant to laws regarding and the rules or regulations of the Federal Bureau of Investigation and the Georgia Crime Information Center, as is applicable. Penalties for the unauthorized release or disclosure of any

_____________GEORGIA LAWS 2003 SESSION___________497
conviction data shall be as prescribed pursuant to laws regarding and rules or regulations of the Federal Bureau of Investigation and the Georgia Crime Information Center, as is applicable."
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.
Approved May 31, 2003.
SOCIAL SERVICES - CHILD ABUSE RECORDS.
No. 202 (Senate Bill No. 201).
AN ACT
To amend Article 2 of Chapter 5 of Title 49 of the Official Code of Georgia Annotated, relating to child abuse and deprivation records, so as to permit the Department of Human Resources to share access to child abuse records and release information from such records to the Office of School Readiness; 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 5 of Title 49 of the Official Code of Georgia Annotated, relating to child abuse and deprivation records, is amended by striking paragraphs (9) and (10) of subsection (c) of Code Section 49-5-41, relating to persons and agencies permitted access to records, and inserting in their respective places the following:
"(9) Any person who has an ongoing relationship with the child named in the record or report of child abuse any part of which is to be disclosed to such person but only if that person is required to report suspected abuse of that child pursuant to subsection (b) of Code Section 19-7-5, as that subsection existed on January 1, 1990; (10) Any school principal or any school guidance counselor, school social worker, or school psychologist who is certified under Chapter 2 of Title 20 and who is counseling a student as a part of such counseling person's school employment duties, but those records shall remain confidential and information obtained therefrom by that counseling person may not be disclosed to any person, except that student, not authorized under this Code section to obtain those records, and such unauthorized disclosure shall be punishable as a misdemeanor; and

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(11) The Office of School Readiness or the Department ofEducation, Division of School Readiness."
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.
Approved May 31, 2003.
PUBLIC OFFICERS - REGIONAL MEDICAL EXAMINER.
No. 203 (Senate Bill No. 214).
AN ACT
To amend Article 2 of Chapter 16 of Title 45 of the Official Code of Georgia Annotated, relating to death investigations, so as to change a definition; 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 16 of Title 45 of the Official Code of Georgia Annotated, relating to death investigations, is amended by striking paragraph (13) of Code Section 45-16-21, relating to definitions, and inserting in lieu thereofthe following:
"(13) 'Regional medical examiner' means a medical examiner who is employed by the Georgia Bureau of Investigation and who is a pathologist appointed by the chief medical examiner pursuant to Code Section 35-3-153."
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 31,2003.

_____________GEORGIA LAWS 2003 SESSION___________499
EDUCATION - TEACHERS; PROFESSIONAL EMPLOYEES; CONTRACTS.
No. 204 (Senate Bill No. 223).
AN ACT
To amend Code Section 20-2-211 of the Official Code of Georgia Annotated, relating to annual contracts for teachers, so as to provide that teacher and other professional employee contracts shall be complete in all terms and conditions, including the amount of compensation for the ensuing school year, when presented to the teacher or professional employee of the school system; to provide for limitations on letters of intent and other similar documents; 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 20-2-211 of the Official Code of Georgia Annotated, relating to annual contracts for teachers, is amended by striking subsection (b) and inserting in lieu thereof a new subsection (b) to read as follows:
"(b) Any other provisions of this article or any other laws to the contrary notwithstanding, each local governing board shall, by not later than April 15 of the current school year, tender a new contract for the ensuing school year to each teacher and other professional employee certificated by the Professional Standards Commission on the payroll of the local unit of administration at the beginning of the current school year, except those who have resigned or who have been terminated as provided in Part 7 of Article 17 of this chapter, or shall notify in writing each such teacher or other certificated professional employee of the intention of not renewing his or her contract for the ensuing school year. Such contracts when tendered to each teacher or other professional employee shall be complete in all terms and conditions of the contract, including the amount of compensation to be paid to such teacher or other professional employee during the ensuing school year, and shall not contain blanks or leave any terms and conditions of the contract open. A letter of intent or similar document shall not constitute a contract and shall not be construed to require or otherwise legally bind the teacher or other professional employee to return to such school system. Upon request, a written explanation for failure to renew such contract shall be made available to such certificated personnel by the executive officer. When such notice of intended termination has not been given by April 15, the employment of such teacher or other certificated professional employee shall be continued for the ensuing school year unless the teacher or certificated professional employee elects not to accept such employment by notifying the local governing board or executive officer in writing not later than May 1."

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SECTION 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.
Approved May 31,2003.
MOTOR VEHICLES - TITLE APPLICATIONS.
No. 205 (Senate Bill No. 250).
AN ACT
To amend Code Section 40-3-21 of the Official Code of Georgia Annotated, relating to application for first certificate of title of a vehicle, so as to provide that all such applications shall bear the full legal name and driver's license number of the owner; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Code Section 40-3-21 of the Official Code of Georgia Annotated, relating to application for first certificate of title, is amended by striking subparagraph (1) of subsection (a) of said Code section in its entirety and inserting in lieu thereof the following:
"(a) The application for the first certificate of title of a vehicle in this state shall be made by the owner to the commissioner or the commissioner's duly authorized county tag agent on the prescribed form. Except as provided in subsection (b) of this Code section, the application must be submitted to the commissioner or the appropriate authorized county tag agent by the owner of the vehicle within 90 days from the date of purchase of the vehicle or from the date the owner is otherwise required by law to register the vehicle in this state. If the owner does not submit the application within that time, the owner of the vehicle shall be required to pay a penalty of $10.00 in addition to the ordinary title fee provided for by this chapter. If the documents submitted in support of the title application are rejected, the party submitting the documents shall have 60 days from the date of rejection to resubmit the documents required by the commissioner or the authorized county tag agent for the issuance of a certificate of title. Should the documents not be properly resubmitted within the 60 day period, there shall be an additional $ 10.00 penalty assessed, and the owner of the vehicle shall be required to remove immediately the license plate of the vehicle

_____________GEORGIA LAWS 2003 SESSION___________501
and return same to the commissioner or the authorized county tag agent. The license plate shall be deemed to have expired at 12:00 Midnight of the sixtieth day following the initial rejection of the documents submitted, if the documents have not been resubmitted as required under this subsection. Such application shall contain:
(1) The full legal name, driver's license number, residence, and mailing address of the owner; (2) A description of the vehicle, including, so far as the following data exist: its make, model, identifying number, type of body, the number of cylinders, and whether new, used, or a demonstrator and, for a manufactured home, the manufacturer's statement or certificate of origin and the full serial number for all manufactured homes sold in this state on or after July 1, 1994; (3) The date of purchase by the applicant and, except as provided in paragraph (2) of subsection (c) of this Code section, the name and address of the person from whom the vehicle was acquired and the names and addresses of the holders of all security interests and liens in order of their priority; and (4) Any further information the commissioner reasonably requires to identify the vehicle and to enable the commissioner or the authorized county tag agent to determine whether the owner is entitled to a certificate of title and the existence or nonexistence of security interests in the vehicle and liens on the vehicle."
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.
Approved May 31,2003.
STATE GOVERNMENT - OFFICIAE DESIGNATION; MIGHTY EIGHTH AIR FORCE HERITAGE MUSEUM;
FUNK HERITAGE/BENNETT CENTER.
No. 206 (Senate Bill No. 33).
AN ACT
To amend Article 3 of Chapter 3 of Title 50 of the Official Code of Georgia Annotated, relating to other state symbols, so as to designate The Mighty Eighth Air Force Heritage Museum as an official State of Georgia center for character education; to designate the Funk Heritage/Bennett Center at Reinhardt College as Georgia's official Frontier and Southeastern Indian Interpretive Center; to repeal conflicting laws; and for other purposes.

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WHEREAS, The Mighty Eighth Air Force Heritage Museum is a living memorial created to honor the more than one million personnel who have served in the United States Eighth Air Force since it was organized in Savannah, Georgia, in 1942; and
WHEREAS, the Eighth Air Force was established during the early days of World War II to provide the strategic air force essential to save Europe; and
WHEREAS, the original Eighth Air Force included 65 Heavy Bombardment Groups, 20 Fighter Groups, 3 Air Divisions, 4 major headquarters, and a support command with supply, maintenance, and repair depots throughout the United Kingdom; and
WHEREAS, The Mighty Eighth Air Force was the largest, most publicized of all of the air forces and was engaged in the most vicious air combat for the longest sustained period of time out of all the other major air components in this country; and
WHEREAS, The Mighty Eighth won the air war over Europe and made the successful invasion of Europe possible, and it had no peer in any category of combat activity and suffered the greatest losses of brave young men who were never turned back by enemy action; and
WHEREAS, some 350,000 men and women served in the Eighth Air Force during World War II and contributed to the greatest and most spectacular air campaigns in aviation history; and
WHEREAS, The Mighty Eighth Air Force Heritage Museum emphasizes the teaching of character education through the numerous examples of courage, spirit, and sacrifice shown by the members of the Eighth Air Force; and
WHEREAS, the museum is a resource partner of the Georgia Center for Character Education and character education programming at the museum serves as a pilot program for other museums throughout this state; and
WHEREAS, the Funk Heritage/Bennett Center at Reinhardt College in Waleska, Georgia, is a museum and pioneer village interpreting the history and culture of the southeastern Native Americans, the first inhabitants of our colony and state who contributed immeasurably to the cultural, economic, and social development of Georgia; and
WHEREAS, the center interprets and exhibits paintings, sculpture, and other creative works of contemporary southeastern Indian art and includes a permanent collection of antique hand tools used in trades from rope making and shipbuilding to bookbinding; and

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WHEREAS, the center offers educational programs, performances, and demonstrations that encourage the study ofNative American history and culture and enhance public awareness and understanding of the valuable contributions of our native people; and
WHEREAS, the Funk Heritage/Bennett Center at Reinhardt College is truly an outstanding asset to the people of Georgia and the visiting public, and its mission should be properly recognized.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Article 3 of Chapter 3 of Title 50 of the Official Code of Georgia Annotated, relating to other state symbols, is amended by adding at the end thereof new Code Sections 50-3-79 and 50-3-80 to read as follows:
"50-3-79. The Mighty Eighth Air Force Heritage Museum is designated as an official State of Georgia center for character education.
50-3-80. The Funk Heritage/Bennett Center at Reinhardt College in Waleska, Georgia, is designated as Georgia's official Frontier and Southeastern Indian Interpretive Center."
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.
Approved June 2, 2003.
COURTS - DOMESTIC RELATIONS - OFFICE OF ADOPTIONS.
HEALTH - BIRTH CERTIFICATES; ADOPTED PERSONS.
No. 207 (Senate Bill No. 192).
AN ACT
To amend Code Section 15-11-103 of the Official Code of Georgia Annotated, relating to placement of a child following an order terminating parental rights, custodial authority, and review of placement, so as to correct the name of the Office of Adoptions; to amend Chapter 8 of Title 19 of the Official Code of Georgia Annotated, relating to adoption, so as to change the provisions relating to access to records; to correct the name of the Office of Adoptions; to change the provisions

504______GENERAL ACTS AND RESOLUTIONS, VOL. I_______
relating to contents and furnishing of records and reports; to provide for adoption by a child's great-grandparent; to change provisions relating to the time for hearing a petition and forwarding copies of the petition and other documents; to provide for a copy of the investigating agent's report to the petitioner's attorney; to change the provisions relating to the powers and duties of the Department of Human Resources and child-placing agencies; to provide for disclosure of certain information and the practices, procedures, and requirements related thereto; to amend Chapter 10 of Title 31 of the Official Code of Georgia Annotated, relating to vital records, so as to change provisions relating to birth certificates of adopted persons born in foreign countries; to change the provisions relating to the contents of certificates and to reports and records; to change provisions relating to practices and procedures; to provide for receipt of a copy of his or her original birth certificate by an adopted person in certain circumstances; to provide for applicability; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Code Section 15-11-103 of the Official Code of Georgia Annotated, relating to placement of a child following an order terminating parental rights, custodial authority, and review of placement, is amended by striking subsection (b) and inserting in lieu thereof the following:
"(b) The court shall transmit a copy of every final order terminating the parental rights of a parent to the Office of Adoptions of the Department of Human Resources within 15 days of the filing of such order."
SECTION 2. Chapter 8 of Title 19 of the Official Code of Georgia Annotated, relating to adoption, is amended by striking subsection (j) of Code Section 19-8-5, relating to the surrender or termination of parental or guardian's rights when the child is to be adopted by a third party, and inserting in lieu thereof the following:
"(j) A copy of each surrender specified in subsection (a) of this Code section, together with a copy of the acknowledgment specified in subsection (f) of this Code section and a copy of the affidavits specified in subsections (g) and (h) of this Code section and the name and address of each person to whom the child is surrendered, shall be mailed, by registered or certified mail or statutory overnight delivery, return receipt requested, to the
Office of Adoptions Georgia Department of Human Resources
Atlanta, Georgia within 15 days from the execution thereof. Upon receipt of the copy the department may commence its investigation as required in Code Section 19-8-16."

____________GEORGIA LAWS 2003 SESSION___________505
SECTION 3. Said chapter is further amended in Code Section 19-8-7, relating to adoption of a child by relatives, by striking subsection (a) and inserting in lieu thereof the following:
"(a) Except as otherwise authorized in this Code section, a child who has any living parent or guardian may be adopted by a relative who is related by blood or marriage to the child as a grandparent, great-grandparent, aunt, uncle, great aunt, great uncle, or sibling only if each such living parent and each such guardian has voluntarily and in writing surrendered to that relative and any spouse of such relative all of his or her rights to the child for the purpose of enabling that relative and any such spouse to adopt the child."
SECTION 4. Said chapter is further amended by striking Code Section 19-8-14, relating to the time for hearing a petition and sending a copy of the petition to the Department of Human Resources, and inserting in lieu thereof the following:
"19-8-14.
(a) It is the policy of this state that, in the best interest of the child, uncontested adoption petitions should be heard as soon as possible but not later than 120 days after the date of filing, unless the petitioner has failed to arrange for the court to receive the report required by the provisions of Code Section 19-8-16 or has otherwise failed to provide the court with all exhibits, surrenders, or certificates required by this chapter within that time period. It is the policy of this state that, in contested adoption petitions, the parties shall make every effort to have the petition considered by the court as soon as practical after the date of filing taking into account the circumstances of the petition and the best interest of the child. (b) Upon the filing of the petition for adoption, accompanied by the filing fee unless such fee is waived, it shall be the responsibility of the clerk to accept the petition as filed. (c) Upon the filing of the petition for adoption the court shall fix a date upon which the petition shall be considered, which date shall be not less than 45 days from the date of the filing of the petition. (d) Notwithstanding the provisions of subsections (a) and (c) of this Code section, it shall be the petitioner's responsibility to request that the court hear the petition on a date that allows sufficient time for fulfillment of notice requirements of Code Section 19-8-10 and Code Section 19-8-12, where applicable. (e) In the best interest of the child the court may hear the petition less than 45 days from the date of filing upon a showing by the petitioner that either no further notice is required or that any statutory requirement of notice to any person will be fulfilled at an earlier date, and provided that any report required by Code Section 19-8-16 has been completed or will be completed at an earlier date. (f) The court in the child's best interest may grant such expedited hearings or continuances as may be necessary for completion of applicable notice requirements, investigations, and reports or for other good cause shown.

506______GENERAL ACTS AND RESOLUTIONS, VOL. I________
(g) Copies of the petition, the order fixing the date upon which the petition shall be considered, and all exhibits, surrenders, or certificates required by this chapter shall be forwarded by the clerk to the department within 15 days after the filing of the petition for adoption. (h) Copies of the petition, the order fixing the date upon which the petition shall be considered, and all exhibits, surrenders, or certificates required by this chapter shall be forwarded by the clerk to the child-placing agency or other agent appointed by the court pursuant to the provisions of Code Section 19-8-16 within 15 days after the filing of the petition for adoption, together with a request that a report and investigation be made as required by law. (i) Copies of all motions, amendments, and other pleadings filed and of all orders entered in connection with the petition for adoption shall be forwarded by the clerk to the department within 15 days after such filing or entry."
SECTION 5. Said chapter is further amended in Code Section 19-8-16, relating to investigation by the child-placing agency or other agent, by striking subsection (a) and inserting in lieu thereof the following:
"(a) Prior to the date set by the court for a hearing on the petition for adoption, it shall be the duty of a child-placing agency appointed by the court or any other independent agent appointed by the court to verify the allegations in the petition for adoption, to make a complete and thorough investigation of the entire matter, including a criminal records check of each petitioner, and to report its findings and recommendations in writing to the court where the petition for adoption was filed. The department, child-placing agency, or other independent agent appointed by the court shall also provide the attorney for petitioner with a copy of the report to the court. If for any reason the child-placing agency or other agent finds itself unable to make or arrange for the proper investigation and report, it shall be the duty of the agency or agent to notify the court immediately, or at least within 20 days after receipt of the request for investigation service, that it is unable to make the report and investigation, so that the court may take such other steps as in its discretion are necessary to have the entire matter investigated."
SECTION 6. Said chapter is further amended by striking subsection (a) of Code Section 19-8-23, relating to records of adoption, examination of such records by parties and attorneys, and use of such information, and inserting in its place the following:
"(a) The original petition, all amendments and exhibits thereto, all motions, documents, affidavits, records, and testimony filed in connection therewith, and all decrees or orders of any kind whatsoever, except the original investigation report and background information referred to in Code Section 19-8-20, shall be recorded in a book kept for that purpose and properly indexed; and the book shall be part of the records of the court in each county which has jurisdiction over matters of adoption in that county. All of the records, including the docket book,

_____________GEORGIA LAWS 2003 SESSION___________507
of the court granting the adoption, of the department, and of the child-placing agency that relate in any manner to the adoption shall be kept sealed and locked. The records may be examined by the parties at interest in the adoption and their attorneys when, after written petition has been presented to the court having jurisdiction and after the department and the appropriate child-placing agency have received at least 30 days' prior written notice of the filing of such petition, the matter has come on before the court in chambers and, good cause having been shown to the court, the court has entered an order permitting such examination. Notwithstanding the foregoing, if the adoptee who is the subject of the records sought to be examined is less than 18 years of age at the time the petition is filed and the petitioner is someone other than one of the adoptive parents of the adoptee, then the department shall provide written notice of such proceedings to the adoptive parents by certified mail or statutory overnight delivery, return receipt requested, at the last address the department has for such adoptive parents and the court shall continue any hearing on the petition until not less than 60 days after the date the notice was sent. Each such adoptive parent shall have the right to appear in person or through counsel and show cause why such records should not be examined. Adoptive parents may provide the department with their current address for purposes of receiving notice under this subsection by mailing that address to:
Office of Adoptions Department of Human Resources
Atlanta, Georgia"
SECTION 7. Said chapter is further amended by striking subsection (d) of Code Section 19-8-23, relating to records of adoption, examination of such records by parties and attorneys, and use of such information, and inserting in its place the following:
"(d)( 1) Upon the request of a party at interest in the adoption or of a provider of medical services to such a party when certain information is necessary because of a medical emergency or for medical diagnosis or treatment, the department or child-placing agency may, in its sole discretion, access its own records on finalized adoptions for the purpose of adding subsequently obtained medical information or releasing nonidentifying medical information contained in its records on such adopted persons. (2) Upon receipt by the Office of Adoptions of the department or by a child-placing agency of documented medical information relevant to an adoptee, the office or child-placing agency shall use reasonable efforts to contact the adoptive parents of the adoptee or the adoptee if he or she is 18 years of age or older and provide such documented medical information to the adoptive parents or the adoptee. The office or child-placing agency shall be entitled to reimbursement of reasonable costs for postage and photocopying incurred in the delivery of such documented medical information to the adoptive parents or adoptee."

508______GENERAL ACTS AND RESOLUTIONS, VOL. I______
SECTION 8. Said chapter is further amended by striking subsection (f) of Code Section 19-8-23, relating to records of adoption, examination of such records by parties and attorneys, and use of such information, and inserting in its place the following:
"(f)(l) Notwithstanding Code Section 19-8-1, for purposes of this subsection, the term:
(A) 'Biological parent' means the biological mother or biological father who surrendered that person's rights or had such rights terminated by court order giving rise to the adoption of the child. (B) 'Commissioner' means the commissioner of human resources or that person's designee. (C) 'Department' means the Department of Human Resources or, when the Department of Human Resources so designates, the county department of family and children services which placed for adoption the person seeking, or on whose behalf is sought, information under this subsection. (D) 'Placement agency' means the child-placing agency, as defined in paragraph (3) of Code Section 19-8-1, which placed for adoption the person seeking or on whose behalf is sought information under this subsection. (2) The department or a placement agency, upon the written request of an adopted person who has reached 18 years of age or upon the written request of an adoptive parent on behalf of that parent's adopted child, shall release to such adopted person or to the adoptive parent on the child's behalf nonidentifying information regarding such adopted person's biological parents and information regarding such adopted person's birth. Such information may include the date and place of birth of the adopted person and the genetic, social, and health history of the biological parents. No information released pursuant to this paragraph shall include the name or address of either biological parent or the name or address of any relative by birth or marriage of either biological parent. (3)(A) The department or a placement agency upon written request of an adopted person who has reached 21 years of age shall release to such adopted person the name of such person's biological parent if:
(i) The biological parent whose name is to be released has submitted unrevoked written permission to the department or the placement agency for the release of that parent's name to the adopted person; (ii) The identity of the biological parent submitting permission for the release of that parent's name has been verified by the department or the placement agency; and (iii) The department or the placement agency has records pertaining to the finalized adoption and to the identity of the biological parent whose name is to be released. (B) If the adopted person is deceased and leaves a child, such child, upon reaching 21 years of age, may seek the name and other identifying information concerning his or her grandparents in the same manner as the

__________GEORGIA LAWS 2003 SESSION___________509
deceased adopted person and subject to the same procedures contained in this Code section. (4)(A) If a biological parent has not filed written unrevoked permission for the release of that parent's name to the adopted child, the department or the placement agency, within six months of receipt of the written request of the adopted person who has reached 21 years of age, shall make diligent effort to notify each biological parent identified in the original adoption proceedings or in other records of the department or the placement agency relative to the adopted person. For purposes of this subparagraph, 'notify' means a personal and confidential contact with each biological parent of the adopted person. The contact shall be by an employee or agent of the placement agency which processed the pertinent adoption or by other agents or employees of the department. The contact shall be evidenced by the person who notified each parent certifying to the department that each parent was given the following information:
(i) The nature of the information requested by the adopted person; (ii) The date of the request of the adopted person; (iii) The right of each biological parent to file an affidavit with the placement agency or the department stating that such parent's identity should not be disclosed; (iv) The right of each biological parent to file a consent to disclosure with the placement agency or the department; and (v) The effect of a failure of each biological parent to file either a consent to disclosure or an affidavit stating that the information in the sealed adoption file should not be disclosed. (B) If a biological parent files an unrevoked consent to the disclosure of that parent's identity, such parent's name shall be released to the adopted person who has requested such information as authorized by this paragraph. (C) If, within 60 days of being notified by the department or the placement agency pursuant to subparagraph (A) of this paragraph, a biological parent has filed with the department or placement agency an affidavit objecting to such release, information regarding that biological parent shall not be released. (D)(i) If six months after receipt of the adopted person's written request the placement agency or the department has either been unable to notify a biological parent identified in the original adoption record or has been able to notify a biological parent identified in the original adoption record but has not obtained a consent to disclosure from the notified biological parent, then the identity of a biological parent may only be disclosed as provided in division (ii) or (iii) of this subparagraph. (ii) The adopted person who has reached 21 years of age may petition the Superior Court of Fulton County to seek the release of the identity of each of that person's biological parents from the department or placement agency. The court shall grant the petition if the court finds that the department or placement agency has made diligent efforts to locate each

510______GENERAL ACTS AND RESOLUTIONS, VOL. I_________
biological parent pursuant to this subparagraph either without success or upon locating a biological parent has not obtained a consent to disclosure from the notified biological parent and that failure to release the identity of each biological parent would have an adverse impact upon the physical, mental, or emotional health of the adopted person, (iii) If it is verified that a biological parent of the adopted person is deceased, the department or placement agency shall be authorized to disclose the name and place of burial of the deceased biological parent, if known, to the adopted person seeking such information without the necessity of obtaining a court order. (5)(A) Upon written request of an adopted person who has reached 21 years of age or a person who has reached 21 years of age and who is the sibling of an adopted person, the department or a placement agency shall attempt to identify and notify the siblings of the requesting party, if such siblings are at least 18 years of age. Upon locating the requesting party's sibling, the department or the placement agency shall notify the sibling of the inquiry. Upon the written consent of a sibling so notified, the department or the placement agency shall forward the requesting party's name and address to the sibling and, upon further written consent of the sibling, shall divulge to the requesting party the present name and address of the sibling. If a sibling cannot be identified or located, the department or placement agency shall notify the requesting party of such circumstances but shall not disclose any names or other information which would tend to identify the sibling. If a sibling is deceased, the department or placement agency shall be authorized to disclose the name and place of burial of the deceased sibling, if known, to the requesting party without the necessity of obtaining a court order. (B)(i) If six months after receipt of the written request from an adopted person who has reached 21 years of age or a person who has reached 21 years of age and who is the sibling of an adopted person, the placement agency or the department has either been unable to notify one or more of the siblings of the requesting party or has been able to notify a sibling of the requesting party but has not obtained a consent to disclosure from the notified sibling, then the identity of the siblings may only be disclosed as provided in division (ii) of this subparagraph. (ii) The adopted person who has reached 21 years of age or a person who has reached 21 years of age and who is the sibling of an adopted person may petition the Superior Court of Fulton County to seek the release of the last known name and address of each of the siblings of the petitioning sibling, that are at least 18 years of age, from the department or placement agency. The court shall grant the petition if the court finds that the department or placement agency has made diligent efforts to locate such siblings pursuant to subparagraph (A) of this paragraph either without success or upon locating one or more of the siblings has not obtained a consent to disclosure from all the notified siblings and that failure to release the identity and last known address of said siblings would have an

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adverse impact upon the physical, mental, or emotional health of the petitioning sibling. (C) If the adopted person is deceased and leaves a child, such child, upon reaching 21 years of age, may obtain the name and other identifying information concerning the siblings of his or her deceased parent in the same manner that the deceased adopted person would be entitled to obtain such information pursuant to the procedures contained in this Code section. (6)(A) Upon written request of a biological parent of an adopted person who has reached 21 years of age, the department or a placement agency shall attempt to identify and notify the adopted person. Upon locating the adopted person, the department or the placement agency shall notify the adopted person of the inquiry. Upon the written consent of the adopted person so notified, the department or the placement agency shall forward the biological parent's name and address to the adopted person and, upon further written consent of the adopted person, shall divulge to the requesting biological parent the present name and address of the adopted person. If the adopted person is deceased, the department or placement agency shall be authorized to disclose the name and place of burial of the deceased adopted person, if known, to the requesting biological parent without the necessity of obtaining a court order. (B)(i) If six months after receipt of the written request from a biological parent of an adopted person who has reached 21 years of age the placement agency or the department has either been unable to notify the adopted person or has been able to notify the adopted person but has not obtained a consent to disclosure from the notified adopted person, then the identity of the adopted person may only be disclosed as provided in division (ii) of this subparagraph. (ii) The biological parent of an adopted person who has reached 21 years of age may petition the Superior Court of Fulton County to seek the release of the last known name and address of the adopted person from the department or placement agency. The court shall grant the petition if the court finds that the department or placement agency has made diligent efforts to locate such adopted person pursuant to subparagraph (A) of this paragraph either without success or upon locating the adopted person has not obtained a consent to disclosure from the adopted person and that failure to release the identity and last known address of said adopted person would have an adverse impact upon the physical, mental, or emotional health of the petitioning biological parent. (C) If the biological parent is deceased, a parent or sibling of the deceased biological parent, or both, may obtain the name and other identifying information concerning the adopted person in the same manner that the deceased biological parent would be entitled to obtain such information pursuant to the procedures contained in this Code section. (7) If an adoptive parent or the sibling of an adopted person notifies the department or placement agency of the death of an adopted person, the

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department or placement agency shall add information regarding the date and circumstances of the death to its records so as to enable it to share such information with a biological parent or sibling of the adopted person if they make an inquiry pursuant to the provisions of this Code section. (8) If a biological parent or parent or sibling of a biological parent notifies the department or placement agency of the death of a biological parent or a sibling of an adopted person, the department or placement agency shall add information regarding the date and circumstances of the death to its records so as to enable it to share such information with an adopted person or sibling of the adopted person if he or she makes an inquiry pursuant to the provisions of the Code section. (9) The Office of Adoptions within the department shall maintain a registry for the recording of requests by adopted persons for the name of any biological parent, for the recording of the written consent or the written objections of any biological parent to the release of that parent's identity to an adopted person upon the adopted person's request, and for nonidentifying information regarding any biological parent which may be released pursuant to paragraph (2) of this subsection. The department and any placement agency which receives such requests, consents, or objections shall file a copy thereof with that office. (10) The department or placement agency may charge a reasonable fee to be determined by the department for the cost of conducting any search pursuant to this subsection. (11) Nothing in this subsection shall be construed to require the department or placement agency to disclose to any party at interest, including but not limited to an adopted person who has reached 21 years of age, any information which is not kept by the department or the placement agency in its normal course of operations relating to adoption. (12) Any department employee or employee of any placement agency who releases information or makes authorized contacts in good faith and in compliance with this subsection shall be immune from civil or criminal liability for such release of information or authorized contacts. (13) Information authorized to be released pursuant to this subsection may be released under the conditions specified in this subsection notwithstanding any other provisions of law to the contrary. (14) A placement agency which demonstrates to the department by clear and convincing evidence that the requirement that such agency search for or notify any biological parent, sibling, or adopted person under subparagraph (A) of paragraph (4) of this subsection or subparagraph (A) of paragraph (5) of this subsection or subparagraph (A) of paragraph (6) of this subsection will impose an undue hardship upon that agency shall be relieved from that responsibility, and the department shall assume that responsibility upon such finding by the department of undue hardship. The department's determination under this subsection shall be a contested case within the meaning of Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.'

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(15) Whenever this subsection authorizes both the department and a placement agency to perform any function or requires the placement agency to perform any function which the department is also required to perform, the department or agency may designate an agent to perform that function and in so performing it the agent shall have the same authority, powers, duties, and immunities as an employee of the department or placement agency has with respect to performing that function."
SECTION 9. Chapter 10 of Title 31 of the Official Code of Georgia Annotated, relating to vital records, is amended by striking Code Section 31-10-13, relating to certificates of adoption, and inserting in its place the following:
"31-10-13.
(a) For each adoption decreed by a court of competent jurisdiction in this state, the court shall require the preparation of a report of adoption on a form prescribed and furnished by the state registrar. The report shall include such facts as are necessary to locate and identify the original certificate of birth of the person adopted; shall provide information necessary to establish a new certificate of birth of the person adopted; and shall identify the order of adoption and be certified by the clerk of court. (b) Information necessary to prepare the report of adoption shall be furnished by the petitioner for adoption or the petitioner's attorney. The appropriate agency or any person having knowledge of the facts shall supply the court with such additional information as may be necessary to complete the report. The provision of such information shall be prerequisite to the issuance of a final decree in the matter by the court. (c) Whenever an adoption decree is amended or annulled, the clerk of the court shall prepare a report thereof, which shall include such facts as are necessary to identify the original adoption report and the facts amended in the adoption decree as shall be necessary to amend the birth record properly. (d) Not later than the fifteenth day of each calendar month or more frequently, as directed by the state registrar, the clerk of the court shall forward to the state registrar reports of decrees of adoption, annulment of adoption, and amendments of decrees of adoption which were entered in the preceding month, together with such related reports as the state registrar shall require. (e) When the state registrar shall receive a certificate of adoption, report of annulment of adoption, or amendment of a decree of adoption of a person born outside this state, the state registrar shall forward such certificate or report to the state registrar in the indicated state of birth. (f) The following shall apply to certificates of birth of adopted persons born in a foreign country:
(1) If a person was born in a foreign country, is not a citizen of the United States, and does not meet the requirements of the federal Child Citizenship Act of2000,P.L. 106-395, 114Stat. 1631, but was adopted through a court in this state, the state registrar shall prepare and register a certificate in this state. The

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certificate shall be established upon receipt of a report of adoption from the court decreeing the adoption and proof of the date and place of birth of the child. The certificate shall be labeled 'Certificate of Foreign Birth' and shall show the actual country of birth. A statement shall also be included on the certificate indicating that it is not evidence of United States citizenship for the person for whom it is issued. After registration of the birth certificate in the new name of the adopted person, the state registrar shall seal and file the report of adoption which shall not be subject to inspection except upon order of a court of competent jurisdiction or as provided by statute; (2) If a person was born in a foreign country and was not a citizen of the United States at the time of birth but meets the requirements of the federal Child Citizenship Act of 2000, P.L. 106-395,114 Stat. 1631, and was adopted through a court in this state, the state registrar shall prepare and register a certificate in this state. The certificate shall be established upon receipt of a report of adoption from the court decreeing the adoption and proof of the date and place of birth of the child. The certificate shall be labeled 'Certificate of Foreign Birth' and shall show the actual country of birth. After registration of the birth certificate in the new name of the adopted person, the state registrar shall seal and file the report of adoption which shall not be subject to inspection except upon order of a court of competent jurisdiction or as provided by statute; and (3) If a person was born in a foreign country and was a citizen of the United States at the time of birth, the state registrar shall not prepare a 'Certificate of Foreign Birth' and shall notify the adoptive parents of the procedure for obtaining a revised birth certificate for their child through the United States Department of State."
SECTION 10. Said chapter is further amended by striking Code Section 31-10-14, relating to issuance of a new certificate of birth following adoption and legitimation or paternity determination, and inserting in its place the following:
"31-10-14.
(a) The state registrar shall establish a new certificate of birth for a person born in this state when the state registrar receives the following:
(1) A report of adoption as provided in Code Section 31-10-13 or a report of adoption prepared and filed in accordance with the laws of another state or foreign country, or a certified copy of the decree of adoption, together with the information necessary to identify the original certificate of birth and to establish a new certificate of birth. A new certificate of birth shall not be established if the court decreeing the adoption directs that a new birth certificate not be issued; or (2) A request that a new certificate be established as prescribed by regulation and such evidence as required by regulation proving that such person has been legitimated, or that a court of competent jurisdiction has determined the paternity of such a person, or that both parents married to each other have

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acknowledged the paternity of such person and request that the surname be changed to that of the father. (b) When a new certificate of birth is established pursuant to this Code section for a person born in this state, the date of birth contained on the original certificate shall be shown. The true place of birth shall be shown if the adoptee is the natural child of the spouse of the adoptive parent in the case of step-parent adoptions. The true place of birth shall be shown for all legitimations. For full adoptions, where neither parent is the natural parent of the adoptee, the place of birth shall be, at the election of the adoptive parents, either the true place of birth of the adoptee or the residence of the adoptive parents at the time of the adoptee's birth. The place of birth indicated must be located in Georgia. (c) Upon receipt of a report of an amended decree of adoption, the certificate of birth shall be amended as provided by regulation. (d) Upon receipt of a report or decree of annulment of adoption, the original certificate of birth shall be restored to its place in the files and the new certificate and evidence shall not be subject to inspection except upon order of a court of competent jurisdiction or as provided by regulation. (e) If no certificate of birth is on file for the person for whom a new birth certificate is to be established under this Code section and the date and place of birth have not been determined in the adoption, legitimation, or paternity proceedings, a delayed certificate of birth shall be filed with the state registrar as provided in Code Section 31-10-11 or 31-10-12 before anew certificate of birth is established. The new birth certificate shall be prepared on the delayed birth certificate form. (f) When a new certificate of birth is established by the state registrar, the original birth certificate shall not be subject to inspection except as provided in this Code section. All copies of the original certificate of birth in the custody of any other custodian of vital records in this state shall be sealed from inspection and forwarded to the state registrar, as the state registrar shall direct. (g) The new certificate shall be substituted for the original certificate of birth in the files and the original certificate of birth and the evidence of adoption, legitimation, or paternity determination shall not be subject to inspection except upon order of a court of competent jurisdiction or as provided by statute."
SECTION 11. This Act shall become effective July 1, 2003.
SECTION 12. All laws and parts of laws in conflict with this Act are repealed.
Approved June 2, 2003.

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PUBLIC OFFICERS - DOING BUSINESS WITH THE STATE; UNIVERSITY SYSTEM OF GEORGIA EMPLOYEES.
No. 208 (Senate Bill No. 255).
AN ACT
To amend Part 1 of Article 2 of Chapter 10 of Title 45 of the Official Code of Georgia Annotated, relating to public officials and employees doing business with the state, so as to provide a limited exception to the general prohibition against doing business with the state for certain employees of the University System of Georgia; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Part 1 of Article 2 of Chapter 10 of Title 45 of the Official Code of Georgia Annotated, relating to public officials and employees doing business with the state, is amended by adding a new Code Section 45-10-24.1 to read as follows:
"45-10-24.1. Subsection (a) of Code Section 45-10-23 and paragraph (2) of subsection (a) of Code Section 45-10-24 shall not apply to a transaction with a unit of the University System of Georgia by a family owned business in which an employee of the university system or a member of the employee's family has an ownership interest where all of the following apply:
(1) The employee or one or more members of the employee's family or both have an ownership interest in a family owned business, but the employee is not actively engaged in the day-to-day management of the business; (2) The employee is employed by a department of the unit of the university system in a position below that of department head; and (3) The transaction is:
(A) With a unit of the university system different than the unit employing the employee; or (B) With a department of the employing unit of the university system different than the department employing the employee."
SECTION 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

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SECTION 3. All laws and parts of laws in conflict with this Act are repealed.
Approved June 2, 2003.
ELECTIONS - DIRECT RECORDING ELECTRONIC VOTING SYSTEMS.
No. 209 (Senate Bill No. 258).
AN ACT
To amend Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to primaries and elections generally, so as to remove vote recorders as authorized voting systems in this state and convert to direct recording electronic (DRE) voting systems; to comply with the provisions of the federal Help America Vote Act; to require the State Election Board to define by rule and regulation what constitutes a vote; to provide for complaint procedures; to provide for the confidentiality of certain registration information; to provide procedures for absentee balloting for uniformed services and overseas voters; to provide for reports concerning voting by such uniformed services and overseas voters; to require voters who register to vote by mail for the first time in this state to provide identification prior to voting for the first time; to provide for exceptions; to provide for the designation of such voters on the electors list; to provide for the arrangement of polling places where DRE units are used; to prohibit certain persons from providing assistance in voting; to provide for at least one handicapped accessible DRE unit in each precinct; to provide that the instructions for absentee voting shall include information on the effect of overvotes and how to correct errors on the ballot or obtain a replacement ballot; to provide that the state shall accept the absentee ballot oath promulgated by the Presidential designee in accordance with the Help America Vote Act; to provide for sample ballots; to provide for certain poll watchers; to provide additional items of acceptable identification; to provide for the review of overvoted ballots; to provide that, when poll hours are extended by court order, all voters who vote after the normal poll closing time shall vote by provisional ballot; to provide that such ballots shall be kept separate from other ballots; to provide for the storage of certain election materials; to clarify the definition of precinct; to authorize the Secretary of State to develop, program, and build ballots for use by counties and municipalities using direct recording electronic (DRE) voting systems; to require election superintendents to complete a certification program; to provide for content of such program; to change the requirements concerning the electronic filing of election returns by precinct; to provide that governments employing superintendents and chief registrars may be fined by the State Election Board for failing to have such employees complete certain training and certification; to provide for waivers of

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certification in certain instances; to revise the procedure for the calculation of qualifying fees for certain county officials; to change the information required on candidate affidavits; to change certain provisions relating to qualification of candidates for party nomination in a state or county primary; to change the qualifications of county registrars and deputy registrars; to revise the rules for determining residence for voter registration and candidate qualifying; to provide that persons shall not vote in a primary runoff held by any other party for offices to be filled in the same election; to provide for the electronic transmission of voter registration applications from designated voter registration agencies; to change the time for challenging the right of certain persons to vote; to remove the limitation on how often the Secretary of State can compare the electors list to the change of address data base of the United States Postal Service; to provide for the arrangement of polling places where DRE units are used; to authorize the use of colored stripes or blocks to distinguish primary ballots; to authorize the precinct designation on absentee ballots to be printed or stamped; to authorize counties to contract with municipalities for the use of DRE voting systems; to repeal the provisions of law establishing the Twenty-first Century Voting Commission and the pilot projects for electronic voting; to provide that the ovals appearing on optical scanning ballots may be printed in red ink; to provide that the names of presidential electors shall not appear on the ballot on DRE units and optical scanning ballots; to provide for testing of DRE units prior to a run-off primary or run-off election; to provide for the transfer of the zero tapes, results tapes, and memory cards to the superintendent; to prohibit distribution of absentee ballot applications under certain circumstances; to change the qualifications to vote by absentee ballot; to provide for the use of DRE voting systems for voting by absentee ballot in certain circumstances; to require that absentee ballots returned too late to be counted shall be delivered to the appropriate clerk for storage as provided by law; to provide for the storage of absentee ballot applications; to require certain poll officers to be present at least one hour prior to the opening ofthe polls; to prohibit certain persons from providing assistance in voting; to prohibit candidates from going to a polling place except to vote; to provide an exception for probate judges who serve as the election superintendent; to change the time to request a recount under certain circumstances; to authorize the Secretary of State to correct election returns when errors are found in the certified returns or in the tabulation, computation, or canvassing of the returns; to authorize the extension of deadlines to certify returns under certain circumstances; to clarify when a runoff is required and when such runoff shall be held; to require that appeals of election contests be heard by the Supreme Court; to require that DRE memory cards be returned to the proper officials after an election; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

_____________GEORGIA LAWS 2003 SESSION___________519
SECTION 1. Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to primaries and elections generally, is amended by striking paragraphs (4) and (28) of Code Section 21-2-2, relating to definitions, and inserting in lieu thereof new paragraphs (4) and (28) to read as follows:
"(4) 'Custodian' means the person charged with the duty of testing and preparing voting equipment for the primary or election and with instructing the poll officers in the use of same." "(28) 'Precinct' is synonymous with the term 'voting precinct' and means a geographical area, established in accordance with this chapter, from which all electors vote at one polling place."
SECTION 2. Said chapter is further amended by striking paragraphs (7) and (8) of Code Section 21-2-31, relating to the duties of the State Election Board, and inserting in lieu thereof new paragraphs (7), (8), and (9) to read as follows:
"(7) To promulgate rules and regulations to define uniform and nondiscriminatory standards concerning what constitutes a vote and what will be counted as a vote for each category of voting system used in this state; (8) To employ such assistants as may be necessary; and (9) To take such other action, consistent with law, as the board may determine to be conducive to the fair, legal, and orderly conduct of primaries and elections."
SECTION 3. Said chapter is further amended by striking paragraphs (13) and (14) of subsection (a) of Code Section 21-2-50, relating to the powers and duties of the Secretary of State, and inserting in lieu thereof new paragraphs (13), (14), and (15) to read as follows:
"(13) To prepare and furnish information for citizens on voter registration and voting; (14) To maintain the official list of registered voters for this state and the list of inactive voters required by this chapter; and (15) To develop, program, and build ballots for use by counties and municipalities on direct recording electronic (DRE) voting systems in use in the state."
SECTION 4. Said chapter is further amended by inserting a new Code Section 21-2-50.2 to read as follows:
"21-2-50.2. (a) The Secretary of State, as the chief election official designated under the federal Help America Vote Act of 2002, shall be responsible for coordinating the obligations of the state under the federal Help America Vote Act of 2002.

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(b) As the chief election official, the Secretary of State is authorized to promulgate rules and regulations to establish administrative complaint procedures as required under Section 402 of Title IV of the federal Help America Vote Act of 2002, which prescribes a process to remedy only those grievances filed under Title III of such federal act. (c) Election related complaints filed with the Secretary of State alleging violations of Title III of the federal Help America Vote Act of 2002 shall not be subject to hearing procedures of Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' but shall be resolved pursuant to rules and regulations promulgated under subsection (b) of this Code section whereby the Secretary of State shall have the authority to issue a final order for complaints filed under the federal Help America Vote Act of 2002."
SECTION 5. Said chapter is further amended by striking paragraphs (5), (13), and (14) of Code Section 21-2-70, relating to powers and duties of election superintendents, and inserting in lieu thereof new paragraphs (5), (13), (14), and (15) to read as follows:
"(5) To purchase, except voting machines, preserve, store, and maintain election equipment of all kinds, including voting booths and ballot boxes and to procure ballots and all other supplies for primaries and elections;". "(13) To conduct all elections in such manner as to guarantee the secrecy of the ballot and to perform such other duties as may be prescribed by law; (14) To become certified by satisfactorily completing a certification program approved by the Secretary of State no later than January 1, 2007. Such program may include instruction on, and may require the superintendent to demonstrate proficiency in, the operation of the state's direct recording electronic voting equipment and in state and federal law and procedures related to elections. In the case of boards of elections or boards of elections and registration, this requirement may be satisfied either by the certification of the members of the board or the board's designee; and (15) To take an oath in the following form:
I, ___________________, do swear (or affirm) that I will as superintendent duly attend the ensuing election (or primary) during the continuance thereof, that I will to the best of my ability prevent any fraud, deceit, or abuse in carrying on the same, that I will make a true and perfect return of the said election (or primary), and that I will at all times truly, impartially, and faithfully perform my duties in accordance with Georgia laws to the best of my judgment and ability."
SECTION 6. Said chapter is further amended by adding a new subsection (c) to Code Section 21-2-70.1, relating to municipal election superintendents, to read as follows:
"(c) As prescribed and directed by the Secretary of State, the municipal superintendent or, in the case of a board of elections or board of elections and registration, its designee shall satisfactorily complete a certification program

_____________GEORGIA LAWS 2003 SESSION___________521
approved by the Secretary of State no later than January 1,2007. Such program may include instruction on, and may require the superintendent to demonstrate proficiency in, the operation of the voting equipment used in such superintendent's municipality and in state and federal law and procedures related to elections."
SECTION 7. Said chapter is further amended by striking paragraph (4) of Code Section 21-2-71, relating to payment by county or municipality of superintendent's expenses, and inserting in lieu thereof a new paragraph (4) to read as follows:
"(4) Maintenance of all voting equipment required by this chapter, or which the superintendent shall consider necessary to carry out this chapter; and".
SECTION 8. Said chapter is further amended by striking subsection (b) of Code Section 21-2-77, relating to electronic election returns, and inserting in lieu thereof a new subsection (b) to read as follows:
"(b) Beginning with the election cycle in the year 2002, the superintendent of elections of each county shall provide electronically to the Secretary of State, within seven days after the close of voting, election returns divided by precinct for each precinct in their respective counties for all primaries, elections, special primaries, special elections, and runoffs for such elections for federal, state, and county offices held in that year or any following year."
SECTION 9. Said chapter is further amended by adding a new Code Section 21-2-101 to read as follows:
"21-2-101. (a) All election superintendents or, in the case of a board of elections or a board of elections and registration, the designee of such board charged with the daily operations of such board shall become certified by completing a certification program approved by the Secretary of State by no later than January 1, 2007. Such program may include instruction on, and may require the superintendent to demonstrate proficiency in, the operation of the state's direct recording electronic voting equipment and in state and federal law and procedures related to elections. The local government employing the superintendent or designee shall cover the costs, if any, incurred by such superintendent or designee's participation in the certification program. Such certification programs shall be offered by the Secretary of State on multiple occasions before January 1, 2007, and shall not exceed 64 hours of classroom, online, and practical instruction as authorized and approved by the Secretary of State. (b) A waiver of the certification requirement, either in whole or in part, may be granted by the Secretary of State, in the discretion of the Secretary of State, upon the presentation of evidence by the election superintendent or board that the

522______GENERAL ACTS AND RESOLUTIONS, VOL. 1________
individual was unable to complete such training due to medical disability, providential cause, or other reason deemed sufficient by the Secretary of State, (c) A superintendent and the governing authority which employs the superintendent may be fined by the State Election Board for failure to attain the certification required in this Code section."
SECTION 10. Said chapter is further amended by striking paragraph (1) of subsection (a) of Code Section 21-2-131, relating to qualifying fees, and inserting in lieu thereof a new paragraph (1) to read as follows:
"(1)(A) The governing authority of any county or municipality, not later than February 1 of any year in which a general primary, nonpartisan election, or general election is to be held, and at least 35 days prior to the special primary or election in the case of a special primary or special election, shall fix and publish a qualifying fee for each county or municipal office to be filled in the upcoming primary or election. Except as otherwise provided in subparagraph (B) of this paragraph, such fee shall be 3 percent of the total gross salary of the office paid in the preceding calendar year including all supplements authorized by law if a salaried office. (B) For the offices of clerk of the superior court, judge of the probate court, sheriff, tax commissioner, and magistrate, the qualifying fee shall be 3 percent of the minimum salary specified in subsection (a) of Code Section 15-6-88, paragraph (1) of subsection (a) of Code Section 15-9-63, subsection (a) of Code Section 15-10-23, paragraph (1) of subsection (a) of Code Section 15-16-20, and paragraph (1) of subsection (b) of Code Section 48-5-183, exclusive of supplements, cost-of-living increases, and longevity increases. For the office of members of the county governing authority, the qualifying fee shall be 3 percent of the base salary established by local Act of the General Assembly or by Code Section 36-5-25 as adjusted pursuant to Code Section 36-5-24, if applicable, exclusive of compensation supplements for training provided for in Code Section 36-5-27 and cost-of-living adjustments pursuant to Code Section 36-5-28. If not a salaried office, a reasonable fee shall be set by the governing authority of such county or municipality, such fee not to exceed 3 percent of the income derived from such county office by the person holding the office for the preceding year or more than $35.00 for a municipal office;".
SECTION 11. Said chapter is further amended by striking subsection (f) of Code Section 21-2-132, relating to filing notice of candidacy, nomination petition, and affidavit, and inserting in lieu thereof a new subsection (f) to read as follows:
"(f) Each candidate required by this Code section to file a notice of candidacy shall accompany his or her notice of candidacy with an affidavit stating:
(1) His or her full name and the name as the candidate desires it to be listed on the ballot;

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(2) His or her residence, with street and number, if any, and his or her post office address; (3) His or her profession, business, or occupation, if any; (4) The name of his or her precinct; (5) That he or she is an elector of the county or municipality of his or her residence eligible to vote in the election in which he or she is a candidate; (6) The name of the office he or she is seeking; (7) That he or she is eligible to hold such office; (8) That the candidate has never been convicted and sentenced in any court of competent jurisdiction for fraudulent violation of primary or election laws, malfeasance in office, or felony involving moral turpitude or conviction of domestic violence under the laws of this state or any other state or of the United States, or that the candidate's civil rights have been restored and that at least ten years have elapsed from the date of the completion of the sentence without a subsequent conviction of another felony involving moral turpitude; (9) That he or she will not knowingly violate this chapter or rules and regulations adopted under this chapter; and (10) Any other information as may be determined by the Secretary of State to be necessary to comply with federal and state law. The affidavit shall contain such other information as may be prescribed by the officer with whom the candidate files his or her notice of candidacy."
SECTION 12. Said chapter is further amended by striking paragraph (1) of subsection (c) of Code Section 21-2-153, relating to qualification of candidates for party nomination in a state or county primary, and inserting in lieu thereof the following:
"(c)(l) In the case of a general state or county primary, the candidates or their agents shall commence qualifying at 9:00 A.M. on the fourth Monday in April immediately prior to the state or county primary and shall cease qualifying at 12:00 Noon on the Friday following the fourth Monday in April, notwithstanding the fact that any such days may be legal holidays; provided, however, that, in the case of a general primary held in the even-numbered year immediately following the official release of the United States decennial census data to the states for the purpose of redistricting of the legislatures and the United States House of Representatives, the candidates or their agents for political party nomination to county offices shall commence qualifying at 9:00 A.M. on the third Wednesday in June immediately prior to such primary and shall cease qualifying at 12:00 Noon on the Friday following the third Wednesday in June, notwithstanding the fact that any such days may be legal holidays, and provided, further, that candidates for political party nomination to federal and state offices in a general primary shall commence qualifying at 9:00 A.M. on the third Wednesday in June immediately prior to such primary and shall cease qualifying at 12:00 Noon on the Friday following the third Wednesday in June, notwithstanding the fact that any such days may be legal holidays, and shall qualify in person or by their agents with their respective

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political party in the state capitol under such rules and regulations as the Secretary of State may promulgate and provided, further, that all qualifying for federal and state offices on the last day of the qualifying period shall be conducted in the chamber of the House of Representatives in the state capitol. In the case of a special primary, the candidate shall qualify no earlier than the date of the call for the special primary and no later than 25 days prior to the date of such primary, and such qualifying period shall be open for a minimum of two and one-half days."
SECTION 13. Said chapter is further amended by striking subsection (e) of Code Section 21-2-153, relating to qualification of candidates for party nomination in a state or county primary, and inserting in lieu thereof a new subsection (e) to read as follows:
"(e) Each candidate for party nomination described in subsection (a) of this Code section shall file an affidavit with the political party at the time of his or her qualifying stating:
(1) His or her full name and the name as the candidate desires it to be listed on the ballot; (2) His or her residence, with street and number, if any, and his or her post office address; (3) His or her profession, business, or occupation, if any; (4) The name of his or her precinct; (5) That he or she is an elector of the county of his or her residence eligible to vote in the primary election in which he or she is a candidate for nomination; (6) The name of the office he or she is seeking; (7) That he or she is eligible to hold such office; (8) That the candidate has never been convicted and sentenced in any court of competent jurisdiction for fraudulent violation of primary or election laws, malfeasance in office, or felony involving moral turpitude under the laws of this state or any other state or of the United States, or that the candidate's civil rights have been restored and that at least ten years have elapsed from the date of the completion of the sentence without a subsequent conviction of another felony involving moral turpitude; (9) That he or she will not knowingly violate this chapter or rules or regulations adopted under this chapter; and (10) Any other information as may be determined by the Secretary of State to be necessary to comply with federal and state law."
SECTION 14. Said chapter is further amended by striking subsection (f) of Code Section 21-2-153, relating to qualification of candidates for party nomination in a state or county primary, and inserting in lieu thereof the following:
"(f) Candidates for the office of presidential elector or their agents who have been nominated in accordance with the rules of a political party shall qualify

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beginning at 9:00 A.M. on the fourth Monday in April in the year in which a presidential election shall be held and shall cease qualifying at 12:00 Noon on the Friday following the fourth Monday in April, notwithstanding the fact that any such days may be legal holidays; provided, however, that, for presidential elections held in the even-numbered year immediately following the official release of the United States decennial census data to the states for the purpose of redistricting of the legislatures and the United States House of Representatives, candidates for the office of presidential elector who have been nominated in accordance with the rules of a political party shall commence qualifying beginning at 9:00 A.M. on the third Wednesday in June immediately prior to such election and shall cease qualifying at 12:00 Noon on the Friday following the third Wednesday in June, notwithstanding the fact that any such days may be legal holidays, and shall qualify in person or by their agents with their respective political party in the state capitol under such rules and regulations as the Secretary of State may promulgate."
SECTION 15. Said chapter is further amended by striking subsection (a) of Code Section 21 -2-214, relating to qualifications of registrars and deputy registrars, and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) Members of the board of registrars shall be electors of the state and county in which they serve, and any deputy registrars shall be electors of the state. All registrars shall be able to read, write, and speak the English language. Municipal registrars shall be registered Georgia voters and shall be able to read, write, and speak the English language. Registrars and deputy registrars shall have never been convicted of a felony or of any crime involving fraud or moral turpitude, and the appointing authority shall be authorized to investigate the applicant's criminal history before making such appointment."
SECTION 16. Said chapter is further amended by striking Code Section 21 -2-217, relating to rules for determining residence, and inserting in lieu thereof a new Code Section 21-2-217 to read as follows:
"21-2-217. (a) In determining the residence of a person desiring to register to vote or to qualify to run for elective office, the following rules shall be followed so far as they are applicable:
(1) The residence of any person shall be held to be in that place in which such person's habitation is fixed, without any present intention of removing therefrom; (2) A person shall not be considered to have lost such person's residence who leaves such person's home and goes into another state or county or municipality in this state, for temporary purposes only, with the intention of returning, unless such person shall register to vote or perform other acts indicating a desire to change such person's citizenship and residence;

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(3) A person shall not be considered to have gained a residence in any county or municipality of this state into which such person has come for temporary purposes only without the intention of making such county or municipality such person's permanent place of abode; (4) If a person removes to another state with the intention of making it such person's residence, such person shall be considered to have lost such person's residence in this state; (4.1) If a person removes to another county or municipality in this state with the intention of making it such person's residence, such person shall be considered to have lost such person's residence in the former county or municipality in this state; (5) If a person removes to another state with the intention of remaining there an indefinite time and making such state such person's place of residence, such person shall be considered to have lost such person's residence in this state, notwithstanding that such person may intend to return at some indefinite future period; (6) If a person removes to another county or municipality within this state with the intention of remaining there an indefinite time and making such other county or municipality such person's place of residence, such person shall be considered to have lost such person's residence in the former county or municipality, notwithstanding that such person may intend to return at some indefinite future period; (7) The residence for voting purposes of a person shall not be required to be the same as the residence for voting purposes of his or her spouse; (8) No person shall be deemed to have gained or lost a residence by reason of such person's presence or absence while enrolled as a student at any college, university, or other institution of learning in this state; (9) The mere intention to acquire a new residence, without the fact of removal, shall avail nothing; neither shall the fact of removal without the intention; (10) No member of the armed forces of the United States shall be deemed to have acquired a residence in this state by reason of being stationed on duty in this state; (11) If a person removes to the District of Columbia or other federal territory, another state, or foreign country to engage in government service, such person shall not be considered to have lost such person's residence in this state during the period of such service; and the place where the person resided at the time of such person's removal shall be considered and held to be such person's place of residence; (12) If a person is adjudged mentally ill and is committed to an institution for the mentally ill, such person shall not be considered to have gained a residence in the county in which the institution to which such person is committed is located; (13) If a person goes into another state and while there exercises the right of a citizen by voting, such person shall be considered to have lost such person's residence in this state;

_____________GEORGIA LAWS 2003 SESSION___________527
(14) The specific address in the county or municipality in which a person has declared a homestead exemption, if a homestead exemption has been claimed, shall be deemed the person's residence address; and (15) For voter registration purposes, the board of registrars and, for candidacy residency purposes, the Secretary of State, election superintendent, or hearing officer may consider evidence of where the person receives significant mail such as personal bills and any other evidence that indicates where the person resides. (b) In determining a voter's qualification to register and vote, the registrars to whom such application is made shall consider, in addition to the applicant's expressed intent, any relevant circumstances determining the applicant's residence. The registrars taking such registration may consider the applicant's financial independence, business pursuits, employment, income sources, residence for income tax purposes, age, marital status, residence of parents, spouse, and children, if any, leaseholds, sites of personal and real property owned by the applicant, motor vehicle and other personal property registration, and other such factors that the registrars may reasonably deem necessary to determine the qualification of an applicant to vote in a primary or election. The decision of the registrars to whom such application is made shall be presumptive evidence of a person's residence for voting purposes."
SECTION 17. Said chapter is further amended by striking subsection (d) of Code Section 21-2-219, relating to registration by members of the armed forces or merchant marine and permanent overseas citizens, and inserting in lieu thereof new subsections (d), (f), (g), and (h) to read as follows:
"(d) A properly executed registration card submitted under the provisions of subsection (b) of this Code section shall be considered to be an application for an absentee ballot under Code Section 21-2-381, or a special absentee ballot under Code Section 21-2-3 81.1, as appropriate. Such card, subject to the limitations of subsection (c) of this Code section, shall constitute a request for an absentee ballot for the period beginning upon the receipt of such card and extending through the second regularly scheduled general election in which federal candidates are on the ballot for all elections for federal offices held during such period." "(f) The office of the Secretary of State is designated as the office, under the federal Help America Vote Act, to be responsible for providing information on registration and absentee ballot procedures for use by absent uniformed services and overseas voters, including the use of the federal write-in absentee ballot, (g) The registrars of each county shall report to the Secretary of State within 60 days after a general election in which federal candidates were on the ballot the combined number of absentee ballots transmitted to absent uniformed services and overseas voters in such election and the combined number of such ballots that were returned by such voters and cast in such election.

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(h) The Secretary of State shall within 90 days after a general election in which federal candidates were on the ballot report to the federal Election Assistance Commission, on such form as may be prescribed by such commission, the combined number of absentee ballots transmitted to absent uniformed services and overseas voters in such election and the combined number of such ballots that were returned by such voters and cast in such election."
SECTION 18. Said chapter is further amended by striking Code Section 21-2-220, relating to application for registration, and inserting in lieu thereof a new Code Section 21-2-220 to read as follows:
"21-2-220.
(a) Any person desiring to register as an elector shall apply to do so by making application to a registrar or deputy registrar of such person's county of residence in person, by submission of the federal post card application form as authorized under Code Section 21-2-219, by making application through the Department of Motor Vehicle Safety as provided in Code Section 21-2-221, by making application through designated offices as provided in Code Section 21-2-222, or by making application by mail as provided in Code Section 21-2-223. (b) Notwithstanding any other provision of this title, whenever a person makes application to register in person or through the means specified in this Code section, the person authorized to offer registration shall inquire as to whether the individual seeking registration is a citizen of the United States, and the person offering registration shall not be required to offer registration to an individual who answers such inquiry with a negative response. (c) Except as otherwise provided in this subsection, electors who register to vote for the first time in this state by mail must present current and valid identification either when registering to vote by mail or when voting for the first time after registering to vote by mail. The current and valid identification shall be one or more of those forms of identification provided in Code Section 21-2-417 or a legible copy thereof. The registrars shall make copies of any original forms of identification submitted by applicants and return the originals to the applicants. The requirement to submit identification shall not apply to:
(1) Persons who submit identifying information with their applications that the registrars are able to match to information contained on a state database available to such registrars containing the same number, name, and date of birth as contained in the application; (2) Persons who are entitled to vote by absentee ballot under the federal Uniformed and Overseas Citizens Absentee Voting Act, 42 U.S.C. 1973ff, et seq.; or (3) Persons who are entitled to vote otherwise than in person under any other federal law. (d) If an applicant fails to provide all of the required information on the application for voter registration with the exception of current and valid identification, the board of registrars shall notify the registrant in writing of the

_____________GEORGIA LAWS 2003 SESSION___________529
missing information. The board of registrars shall not determine the eligibility of the applicant until and unless all required information is supplied by the applicant. If the initial application is received prior to the close of voter registration prior to an election, if the applicant supplies the necessary information on or prior to the date of the election, and if the applicant is found eligible to vote, the applicant shall be added to the list of electors and shall be permitted to vote in the election and any run-off elections resulting therefrom and subsequent elections; provided, however, that voters who registered to vote for the first time in this state by mail must supply current and valid identification when voting for the first time as required in subsection (c) of this Code section. In the event the elector does not respond to the request for the missing information within 30 days, the application shall be rejected. (e) If an applicant submits false information, the board of registrars shall reject the application and shall refer the application to the district attorney ofthe county for criminal prosecution. If the false information is not discovered until after the applicant's application has been approved and the applicant's name added to the list of electors, the giving of such false information shall be cause to challenge the applicant's right to remain on the list of electors, which, if sustained, shall result in such applicant's name being removed from the list and the application being submitted to the district attorney of the county for criminal prosecution. (f) A person registering to vote who is disabled or illiterate may request assistance from any other person in completing the form for registration, but the person offering assistance shall sign the voter registration form in the space provided to identify the person offering assistance. (g) The registrars shall note on their records and the electors list any elector who registers by mail for the first time in this state and does not provide the identification required by subsection (c) of this Code section."
SECTION 19. Said chapter is further amended by adding a new subsection (1) to Code Section 21-2-222, relating to designated voter registration agencies, to read as follows:
"(1) The Secretary of State shall have the authority to promulgate rules and regulations to provide for the transmission of voter registration applications and signatures electronically from public assistance offices, offices which provide state funded programs primarily engaged in providing services to persons with disabilities, and recruitment offices of the armed forces of the United States located within this state. Such electronically transmitted signatures shall be valid as signatures on the voter'registration application and shall be treated in all respects as a manually written original signature and shall be recognized as such in any matter concerning the voter registration application."
SECTION 20. Said chapter is further amended by striking subsection (g) of Code Section 21-2-224, relating to official list of electors, and inserting in lieu thereof a new subsection (g) to read as follows:

530______GENERAL ACTS AND RESOLUTIONS, VOL. I_________
"(g) The official list of electors and the official list of inactive electors prepared and distributed to the poll officers of each precinct shall include only the elector's name, address, ZIP code, date of birth, voter identification number, a designation of whether the elector registered for the first time in this state by mail and is required to comply with Code Sections 21-2-220 and 21-2-417, congressional district, state Senate district, state House district, county commission district, if any, county or independent board of education district, if any, and municipal governing authority district designations, if any, and such other voting districts, if any. The official list of electors and the official list of inactive electors prepared and distributed to the poll officers of each precinct may also include codes designating that an elector has voted by absentee ballot, has been challenged, or has been sent mail by the registrars which has been returned marked undeliverable. No person whose name does not appear on the official list of electors shall vote or be allowed to vote at any election, except as otherwise provided in this article."
SECTION 21. Said chapter is further amended by striking subsection (b) of Code Section 21-2-225, relating to confidentiality of original registration applications, and inserting in lieu thereof a new subsection (b) to read as follows:
"(b) All data collected and maintained on electors whose names appear on the list of electors maintained by the Secretary of State pursuant to this article shall be available for public inspection with the exception of bank statements submitted pursuant to Code Section 21-2-417(b) and the social security numbers of the electors and the locations at which the electors applied to register to vote which shall remain confidential and be used only for voter registration purposes; provided, however, that social security numbers of electors may be made available to other state agencies if the agency is authorized to maintain information by social security number and the information is used only to identify the elector on the receiving agency's data base and is not disseminated further and remains confidential."
SECTION 22. Said chapter is further amended by striking subsection (a) of Code Section 21-2-230, relating to challenge of persons on electors list by other persons, and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) Any elector of the county or municipality may challenge the right of any other elector of the county or municipality, whose name appears on the list of electors, to vote in an election. Such challenge shall be in writing and specify distinctly the grounds of such challenge. Such challenge may be made at any time prior to the elector whose right to vote is being challenged voting at the elector's polling place or, if such elector cast an absentee ballot, prior to 5:00 p.m. on the day before the election."

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SECTION 23. Said chapter is further amended by striking subsection (a) of Code Section 21-2-233, relating to comparison of change of address information supplied by the United States Postal Service with the electors list, and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) The Secretary of State is authorized to cause at his or her discretion the official list of electors to be compared to the change of address information supplied by the United States Postal Service through its licensees periodically for the purpose of identifying those electors whose addresses have changed."
SECTION 24. Said chapter is further amended by striking subsection (a) of Code Section 21-2-235, relating to inactive list of electors, and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) In addition to the official list of electors, the Secretary of State shall also maintain an inactive list of electors. Notwithstanding any other provision of law to the contrary, the names of electors on the inactive list of electors shall not be counted in computing the number of ballots required for an election, the number of voting devices needed for a precinct, the number of electors required to divide or constitute a precinct, or the number of signatures needed on any petition. However, any elector whose name appears on the inactive list shall be eligible to sign a petition and such petition signature, if valid, shall be sufficient to return the elector to the official list of electors if the elector still resides at the address listed on the elector's registration records and shall be grounds to proceed under Code Section 21-2-234 to confirm the change of address of the elector if the elector provides a different address from the address which appears on the elector's registration records."
SECTION 25. Said chapter is further amended by striking subsection (a) of Code Section 21 -2-267, relating to equipment at polling places, and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) The governing authority shall provide and the superintendent shall cause all rooms used as polling places to be provided with suitable heat and light and, in precincts in which ballots are used, with a sufficient number of voting compartments or booths with proper supplies in which the electors may conveniently mark their ballots, with a curtain, screen, or door in the upper part of the front of each compartment or booth so that in the marking thereof they may be screened from the observation of others. A curtain, screen, or door shall not be required, however, for the self-contained units used as voting booths in which direct recording electronic (DRE) voting units are located if such booths have been designed so as to ensure the privacy of the elector. When practicable, every polling place shall consist of a single room, every part of which is within the unobstructed view of those present therein and shall be furnished with a guardrail or barrier closing the inner portion of such room, which guardrail or barrier shall

532______GENERAL ACTS AND RESOLUTIONS, VOL. I_________
be so constructed and placed that only such persons as are inside such rail or barrier can approach within six feet of the ballot box and voting compartments, or booths, or voting machines, as the case may be. The ballot box and voting compartments or booths shall be so arranged in the voting room within the enclosed space as to be in full view of those persons in the room outside the guardrail or barrier. The voting machine or machines shall be placed in the voting rooms within the enclosed space so that, unless its construction shall otherwise require, the ballot labels on the face of the machine can be plainly seen by the poll officers when the machine is not occupied by an elector. In the case of direct recording electronic voting units, the units shall be arranged in such a manner as to ensure the privacy of the elector while voting on such units, to allow monitoring of the units by the poll officers while the polls are open, and to permit the public to observe the voting without affecting the privacy of the electors as they vote."
SECTION 26. Said chapter is further amended by striking paragraph (1) of subsection (b) of Code Section 21-2-286, relating to printing specifications, numbering, and binding of ballots, and inserting a new paragraph (1) to read as follows:
"(b)(l) Paper ballots other than those printed for optical scanning voting systems shall be at least six inches long and four inches wide and shall have a margin extending beyond any printing thereon. They shall be printed with the same kind of type, which shall not be smaller than the size known as 'brevier' or 'eight-point body,' upon white paper of uniform quality, without any impression or mark to distinguish one from another, and with sufficient thickness to prevent the printed matter from showing through, except that ballots being used in primaries held by more than one party may be of different colors or may have colored stripes or blocks to distinguish the ballots if the parties so agree. Each ballot shall be attached to a name stub, and all the ballots for the same precinct shall be bound together in books of 25, 50, or 100, in such manner that each ballot may be detached from its stub and removed separately. The ballots for each party to be used at a primary shall be bound separately. The name stubs of the ballots shall be consecutively numbered; and, in the case of primary ballots, the number shall be preceded by an initial or abbreviation designating the party name. The number and initial or abbreviation which appears upon the stub shall also be printed in the upper portion of the front of the ballot, separated from the remainder of the ballot by a horizontal perforated line so as to constitute a number strip and so prepared that the upper portion of the front of the ballot containing the number may be detached from the ballot before it is deposited in the ballot box. The number strip on the ballot shall also have the following words printed thereon: Tear off before depositing ballot in ballot box.'"

_____________GEORGIA LAWS 2003 SESSION___________533
SECTION 27. Said chapter is further amended by striking Code Section 21 -2-287, relating to form of absentee ballots, and inserting in lieu thereof a new Code Section 21-2-287 to read as follows:
"21-2-287.
The form for the absentee ballot shall be in substantially the same form as the official ballots used in the precincts, except it shall be printed with only the name stub and without a number strip and may have the precinct designation printed or stamped thereon."
SECTION 28. Said chapter is further amended by adding a new subsection (e) to Code Section 21 -2-300, relating to provision of new voting equipment by state, to read as follows:
"(e)( 1) Counties shall be authorized to contract with municipal governments for the use of such voting equipment in municipal elections under terms and conditions specified by the Secretary of State to assure that the equipment is properly used and kept secure. (2) Notwithstanding the provisions of Code Section 21 -2-45, counties may not levy a fee for use of state owned voting equipment but may require municipalities to reimburse the county for the actual expenses related to the election or elections that are subject to the county and municipal contract."
SECTION 29. Said chapter is further amended by repealing Code Section 21-2-301, relating to a pilot program, which reads as follows:
"21-2-301.
(a) The Secretary of State is authorized to conduct a pilot project to test and evaluate the use of electronic recording voting systems during the 2001 municipal elections. The Secretary of State in his or her discretion may select a number of municipalities to participate in such pilot program. (b) Electronic recording voting systems used in the pilot program shall meet the requirements contained in Part 5 of Article 9 of this chapter and shall have been certified by the Secretary of State as provided in Code Section 21 -2-379.2. Such voting systems shall be required to have an independent audit trail for each vote cast. (c) The Secretary of State shall furnish the electronic recording voting systems to the selected municipalities for use in the pilot project, provided that the municipalities provide polling places with adequate electrical outlets, telephone lines, and other facilities necessary to operate such electronic recording voting systems. (d) The Secretary of State is authorized to use different types of electronic recording voting systems in the pilot project. However, the same type system must be used in all precincts within a municipality and there shall not be any other voting systems used in that municipality for voting at the polling places on election day unless there is an emergency declared by the Secretary of State due

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to the failure of the system or due to the inability for any reason of the electors to be able to cast their ballots on the system. In the event of such declared emergency situation, the Secretary of State may direct the use of any method of voting authorized by this chapter in the municipal election.
(e)(l) There is created the Twenty-first Century Voting Commission. The commission shall be composed of two members appointed by the Speaker of the House of Representatives, two members appointed by the Lieutenant Governor, two members appointed by the Governor, the chief information officer for the State of Georgia or his or her designee, eight members appointed by the Secretary of State of which six shall be county or municipal election officials, the director of the Elections Division of the office of the Secretary of State, one member designated by each political body that qualified candidates in the 2000 November general election, and the Secretary of State, who shall be the chairperson of the commission. In appointing members to such commission, the Speaker of the House of Representatives, the President of the Senate, the Governor, and the Secretary of State shall ensure equal representation on the commission by each political party in their respective appointments; provided, however, that nothing contained herein shall prohibit the Secretary of State from appointing election officials to the commission who have no political party affiliation or who are nonpartisan. The commission shall coordinate and oversee the pilot project authorized by this Code section. (2) The commission may work with the Board of Regents of the University System of Georgia and the Department of Education in seeking avenues and incentives to encourage student participation as poll workers and in other areas of the election process. (3) The commission shall make a report to the Governor and the General Assembly by December 31, 2001, on the results of the pilot project and shall further advise the Secretary of State on the choice of voting equipment to be used state wide in all counties pursuant to Code Section 21-2-300. (4) Any members of the General Assembly serving on the commission shall receive the allowances authorized for legislative members of interim legislative committees. The public members of the commission who are not public employees shall receive a daily expense allowance as provided in subsection (b) of Code Section 45-7-21. Any public employee serving on the commission shall receive no compensation but may be reimbursed for expenses. (5) The commission shall continue its work through December 31, 2002, after which time it shall stand abolished unless reauthorized and continued by the General Assembly. (6) The Commission shall have at least one meeting in North Georgia (outside of Atlanta), one meeting in Central Georgia and one meeting in South Georgia."

____________GEORGIA LAWS 2003 SESSION__________535
SECTION 30. Said chapter is further amended by striking subsection (a) of Code Section 21-2-369, relating to printing of optical scanning ballots, and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) The ballots shall be printed in black ink upon clear, white, or colored material, of such size and arrangement as will suit the construction of the optical scanner, and in plain, clear type so as to be easily readable by persons with normal vision; provided, however, that red material shall not be used except that all ovals appearing on the ballot to indicate where a voter should mark to cast a vote may be printed in red ink."
SECTION 31. Said chapter is further amended by striking subsection (e) of Code Section 21-2-379.5, relating to ballot information, and inserting in lieu thereof a new subsection (e) to read as follows:
"(e) When presidential electors are to be elected, the ballot shall not list the individual names of the candidates for presidential electors but shall list the names of each political party and body and the names of the political party or body candidates for the office of President and Vice President. The individual names or the nominees of each political party or body for such offices shall be posted at each polling place with the sample ballots required by subsection (d) of Code Section 21-2-379.7 arranged alphabetically under the names of the candidates of the party or body for President and Vice President of the United States. A vote for the candidates for President and Vice President of a political party or body shall be deemed to be a vote for each of the candidates for presidential electors of such political party or body."
SECTION 32. Said chapter is further amended by striking subsection (c) of Code Section 21-2-379.6, relating to maintenance of voting systems and supplies, and inserting in lieu thereof a new subsection (c) to read as follows:
"(c) On or before the third day preceding a primary or election, including special primaries, special elections, and referendum elections, the superintendent shall have each DRE unit tested to ascertain that it will correctly count the votes cast for all offices and on all questions in a manner that the State Election Board shall prescribe by rule or regulation. On or before the third day preceding a primary runoff or election runoff, including special primary runoffs and special election runoffs, the superintendent shall test a number of DRE units at random to ascertain that the units will correctly count the votes cast for all offices. If the total number of DRE units in the county is 30 units or less, all of the units shall be tested. If the total number of DRE units in the county is more than 30 but not more than 100, then at least one-half of the units shall be tested at random. If there are more than 100 DRE units in the county, the superintendent shall test at least 15 percent of the units at random. In no event shall the superintendent test less than one DRE unit per precinct. All memory cards to be used in the runoff

536______GENERAL ACTS AND RESOLUTIONS, VOL. I_________
shall be tested. Public notice of the time and place of the test shall be made at least five days prior thereto. Representatives of political parties and bodies, news media, and the public shall be permitted to observe such tests."
SECTION 33. Said chapter is further amended by striking subsection (d) of Code Section 21-2-379.7, relating to preparation of polling places, and inserting in lieu thereof a new subsection (d) to read as follows:
"(d) The superintendent shall, at least one hour prior to the opening of the polls: (1) Provide sufficient lighting to enable electors, if needed in the voting booth, to read the ballot and which shall be suitable for the use of the poll officers in examining the booth and conducting their responsibilities; (2) Provide directions for voting on the DRE units which shall be prominently posted within each voting booth and at least two sample ballots for the primary or election which shall be prominently posted outside the enclosed space within the polling place; (3) Ensure that each DRE unit's tabulating mechanism is secure throughout the day during the primary or election; (4) Provide at least one DRE unit accessible to disabled electors at each precinct; and (5) Provide such other materials and supplies as may be necessary or required by law."
SECTION 34. Said chapter is further amended by striking Code Section 21-2-379.11, relating to procedure for tabulation of votes, and inserting in lieu thereof a new Code Section 21-2-379.11 to read as follows:
"21-2-379.11. (a) In primaries and elections in which direct recording electronic (DRE) voting equipment is used, the ballots shall be counted at the precinct or tabulating center under the direction of the superintendent. All persons who perform any duties at the tabulating center shall be deputized by the superintendent and only persons so deputized shall touch any ballot, container, paper, or machine utilized in the conduct of the count or be permitted to be in the immediate area designated for officers deputized to conduct the count. (b) All proceedings at the tabulating center and precincts shall be open to the view of the public, but no person except one employed and designated for the purpose by the superintendent or the superintendent's authorized deputy shall touch any ballot, any DRE unit, or the tabulating equipment. (c) After the polls have closed and all voting in the precinct has ceased, the poll manager shall shut down the DRE units and extract the election results from each unit as follows:
(1) The manager shall obtain the results tape from each DRE unit and verify that the number of ballots cast as recorded on the tape matches the public count number as displayed on the DRE unit;

_____________GEORGIA LAWS 2003 SESSION___________537
(2) If a system is established by the Secretary of State, the poll manager shall first transmit the election results extracted from each DRE unit in each precinct via modem to the central tabulating center of the county; and (3) The manager shall then extract the memory card from each DRE unit. (d) Upon completion of shutting down each DRE unit and extracting the election results, the manager shall cause to be completed and signed a ballot recap form, in sufficient counterparts, showing: (1) The number of valid ballots; (2) The number of spoiled and invalid ballots; (3) The number of provisional ballots; and (4) The number of unused provisional ballots and any other unused ballots. The manager shall cause to be placed in the ballot supply container one copy of the recap form and any unused, defective, spoiled, and invalid ballots, each enclosed in an envelope. (e) The manager shall collect and retain the zero tape and the results tape for each DRE unit and place such tapes with the memory card for each unit and enclose all such items for all of the DRE units used in the precinct in one envelope which shall be sealed and initialed by the manager so that it cannot be opened without breaking the seal. (f) The manager and one poll worker shall then deliver the envelope to the tabulating center for the county or municipality or to such other place designated by the superintendent and shall receive a receipt therefor. The copies of the recap forms, unused ballots, records, and other materials shall be returned to the designated location and retained as provided by law. (g) Upon receipt of the sealed envelope containing the zero tapes, results tapes, and memory cards, the election superintendent shall verify the signatures on the envelope. Once verified, the superintendent shall break the seal of the envelope and remove its contents. The superintendent shall then download the results stored on the memory card from each DRE unit into the election management system located at the central tabulation point of the county in order to obtain election results for certification."
SECTION 35. Said chapter is further amended by striking Code Section 21-2-380, relating to definition of absentee elector, and inserting in lieu thereof a new Code Section 21-2-380 to read as follows:
"21-2-380.
(a) As used in this article, the term 'absentee elector' means an elector of this state or a municipality thereof who:
(1) Is required to be absent from his or her precinct during the time of the primary or election he or she desires to vote in; (2) Will perform any of the official acts or duties set forth in this chapter in connection with the primary or election he or she desires to vote in;

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(3) Because of physical disability or because of being required to give constant care to someone who is physically disabled, will be unable to be present at the polls on the day of such primary or election; (4) Because the election or primary falls upon a religious holiday observed by such elector, will be unable to be present at the polls on the day of such primary or election; (5) Is required to remain on duty in his or her place of employment for the protection of the health, life, or safety of the public during the entire time the polls are open when such place of employment is within the precinct in which the voter resides; or (6) Is 75 years of age or older. (b) An elector who casts an absentee ballot in person at the registrar's office or absentee ballot clerk's office during the period of Monday through Friday of the week immediately preceding the date of a primary, election, or run-off primary or election shall not be required to provide a reason as identified in subsection (a) of this Code section in order to cast an absentee ballot in such primary, election, or run-off primary or election."
SECTION 36. Said chapter is further amended by striking paragraphs (1) and (3) of subsection (a) of Code Section 21 -2-3 81, relating to making of application for absentee ballot, and inserting in lieu thereof new paragraphs (1) and (3) to read as follows:
"(1) Except as otherwise provided in Code Section 21-2-219, not more than 180 days prior to the date of the primary or election, or runoff of either, in which the elector desires to vote, any absentee elector may make, either by mail, by facsimile transmission, or in person in the registrar's or absentee ballot clerk's office, an application for an official ballot of the elector's precinct to be voted at such primary, election, or runoff. In the case of an elector residing temporarily out of the county or municipality or a physically disabled elector residing within the county or municipality, the application for the elector's absentee ballot may, upon satisfactory proof of relationship, be made by such elector's mother, father, grandparent, aunt, uncle, sister, brother, spouse, son, daughter, niece, nephew, grandchild, son-in-law, daughter-in-law, mother-in-law, father-in-law, brother-in-law, or sister-in-law of the age of 18 or over. The application shall be in writing and shall contain sufficient information for proper identification ofthe elector; the permanent or temporary address of the elector to which the absentee ballot shall be mailed; the identity of the primary, election, or runoff in which the elector wishes to vote; the reason for requesting the absentee ballot; and the name and relationship of the person requesting the ballot if other than the elector. Except in the case of physically disabled electors residing in the county or municipality, no absentee ballot shall be mailed to an address other than the permanent mailing address of the elector as recorded on the elector's voter registration record or a temporary out-of-county or out-of-municipality address. Relatives applying for absentee ballots for electors must also sign an oath stating that facts in the

_____________GEORGIA LAWS 2003 SESSION____________539
application are true. If the elector is unable to fill out or sign such elector's own application because of illiteracy or physical disability, the elector shall make such elector's mark, and the person filling in the rest of the application shall sign such person's name below it as a witness. One timely and proper application for an absentee ballot for use in a primary or election shall be sufficient to require the mailing of the absentee ballot for such primary or election as well as for any runoffs resulting therefrom and for all primaries and elections for federal offices and any runoffs therefrom, including presidential preference primaries, held during the period beginning upon the receipt of such absentee ballot application and extending through the second regularly scheduled general election in which federal candidates are on the ballot occurring thereafter to an eligible absentee elector who lives outside the county or municipality in which the election is held and is also a member of the armed forces of the United States, a member of the merchant marine of the United States, or a spouse or dependent of a member of the armed forces or the merchant marine residing with or accompanying said member or overseas citizen. Any elector meeting criteria of advanced age or disability specified by rule or regulation of the Secretary of State may request in writing on one application a ballot for a primary as well as for any runoffs resulting therefrom and for the election for which such primary shall nominate candidates as well as any runoffs resulting therefrom. If not so requested by such person a separate and distinct application shall be required for each primary, run-off primary, election, and run-off election. Except as otherwise provided in this paragraph, a separate and distinct application for an absentee ballot shall always be required for the presidential preference primary held pursuant to Article 5 of this chapter and for any special election or special primary." "(3) All applications for an official absentee ballot that are distributed by a person, entity, or organization shall list thereon all of the legally acceptable categories of absentee electors contained in Code Section 21-2-380 and shall require the elector to select the category which qualifies the elector to vote by absentee ballot. No application for an official absentee ballot that is physically attached to a publication that advocates for or against a particular candidate, issue, political party, or political body shall be distributed by any person, entity, or organization."
SECTION 37. Said chapter is further amended by striking Code Section 21-2-383, relating to preparation and delivery of ballots, and inserting in lieu thereof a new Code Section 21-2-383 to read as follows:
"21-2-383.
(a) Ballots for use by absentee electors shall be prepared sufficiently in advance by the superintendent and shall be delivered to the board of registrars or absentee ballot clerk as provided in Code Section 21-2-384. Such ballots shall be marked 'Official Absentee Ballot' and shall be in substantially the form for ballots required by Article 8 of this chapter, except that in counties using voting

540______GENERAL ACTS AND RESOLUTIONS. VOL. I_______
machines or direct recording electronic (DRE) units the ballots may be in substantially the form for the ballot labels required by Article 9 of this chapter. Every such ballot shall have printed with other instructions thereon the following:
'I understand that the offer or acceptance of money or any other object of value to vote for any particular candidate, list of candidates, issue, or list of issues included in this election constitutes an act of voter fraud and is a felony under Georgia law.' The form for either ballot shall be determined and prescribed by the Secretary of State, except in municipal primaries or elections, in which the form of absentee ballots which follows the paper ballot format shall be determined and prescribed by the superintendent. (b) Notwithstanding any other provision of this Code section, direct recording electronic voting systems may be used for casting absentee ballots in person at a registrar's office or in accordance with Code Section 21-2-382, providing for additional sites. In such cases, the absentee ballots shall be coded in such a way that the ballot of a challenged voter can be separated from other valid ballots at the time of tabulation until the challenge is resolved."
SECTION 38. Said chapter is further amended by striking subsections (b) and (c) of Code Section 21-2-384, relating to oath of absentee electors, and inserting in lieu thereof new subsections (b) and (c) to read as follows:
"(b) In addition to the mailing envelope, the superintendent, board of registrars, or absentee ballot clerk shall provide two envelopes for each official absentee ballot, of such size and shape as shall be determined by the Secretary of State, in order to permit the placing of one within the other and both within the mailing envelope. On the smaller of the two envelopes to be enclosed in the mailing envelope shall be printed the words 'Official Absentee Ballot' and nothing else. On the back of the larger of the two envelopes to be enclosed within the mailing envelope shall be printed the form of oath of the elector and the oath for persons assisting electors, as provided for in Code Section 21 -2-409, and the penalties provided for in Code Sections 21-2-568, 21-2-573, 21-2-579, and 21-2-599 for violations of oaths; and on the face of such envelope shall be printed the name and address of the board of registrars or absentee ballot clerk. The mailing envelope addressed to the elector shall contain the two envelopes, the official absentee ballot, and the uniform instructions for the manner of preparing and returning the ballot, in form and substance as provided by the Secretary of State and nothing else. The uniform instructions shall include information specific to the voting system used for absentee voting concerning the effect of overvoting or voting for more candidates than one is authorized to vote for a particular office and information concerning how the elector may correct errors in voting the ballot before it is cast including information on how to obtain a replacement ballot if the elector is unable to change the ballot or correct the error.
(c)(l) The oaths referred to in subsection (b) of this Code section shall be in substantially the following form:

__________GEORGIA LAWS 2003 SESSION___________541
I, the undersigned, do swear (or affirm) that I am a citizen of the United States and of the State of Georgia; that my residence address is ______ County, Georgia; that I possess the qualifications of an elector required by the laws of the State of Georgia; that I am entitled to vote in the precinct containing my residence in the primary or election in which this ballot is to be cast; that I am eligible to vote by absentee ballot; that I have not marked or mailed any other absentee ballot, nor will I mark or mail another absentee ballot for voting in such primary or election; nor shall I vote therein in person; and that I have read and understand the instructions accompanying this ballot; and that I have carefully complied with such instructions in completing this ballot. I understand that the offer or acceptance of money or any other object of value to vote for any particular candidate, list of candidates, issue, or list of issues included in this election constitutes an act of voter fraud and is a felony under Georgia law.

Elector's Residence Address

Elector's Place of Birth

Month and Day of Elector's Birth

Signature or Mark of Elector
Oath of Person Assisting Elector (if any): I, the undersigned, do swear (or affirm) that I assisted the above-named elector in marking such elector's absentee ballot as such elector personally communicated such elector's preference to me; that 1 am satisfied that such elector presently possesses the disability noted below; and that by reason of such disability such elector is entitled to receive assistance in voting under provisions of subsection (a) of Code Section 21-2-409. This, the ____ day of ___________.

Signature of Person Assisting Elector Relationship
Reason for assistance (Check appropriate square): () Elector is unable to read the English language. () Elector has following physical disability ____
The forms upon which such oaths are printed shall contain the following information:

542______GENERAL ACTS AND RESOLUTIONS, VOL. I_________
Georgia law provides, in subsection (b) of Code Section 21-2-409, that no person shall assist more than ten electors in any primary or election. Georgia law further provides that any person who knowingly falsifies information so as to vote illegally by absentee ballot or who illegally gives or receives assistance in voting, as specified in Code Section 21-2-568, 21-2-573, or 21-2-579, shall be guilty of a misdemeanor. (2) In the case of absent uniformed services or overseas voters, if the Presidential designee under Section 705(b) of the federal Help America Vote Act promulgates a standard oath for use by such voters, the Secretary of State shall be required to use such oath on absentee ballot materials for such voters and such oath shall be accepted in lieu of the oath set forth in paragraph (1) of this subsection."
SECTION 39. Said chapter is further amended by striking subsection (a) of Code Section 21-2-385, relating to procedure for voting by absentee ballot, and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) At any time after receiving an official absentee ballot, but before the day of the primary or election, except electors who are confined to a hospital on the day of the primary or election, the elector shall vote his or her absentee ballot, then fold the ballot and enclose and securely seal the same in the envelope on which is printed 'Official Absentee Ballot.' This envelope shall then be placed in the second one, on which is printed the form of the oath of the elector, the name, relationship, and oath of the person assisting, if any, and other required identifying information. The elector shall then fill out, subscribe, and swear to the oath printed on such envelope. Such envelope shall then be securely sealed and the elector shall then mail or personally deliver same to the board of registrars or absentee ballot clerk, provided that delivery by a physically disabled elector may be made by any adult person upon satisfactory proof that such adult person is such elector's mother, father, grandparent, aunt, uncle, brother, sister, spouse, son, daughter, niece, nephew, grandchild, son-in-law, daughter-in-law, mother-in-law, father-in-law, brother-in-law, sister-in-law, or an individual residing in the household of such disabled elector. An elector who is confined to a hospital on a primary or election day to whom an absentee ballot is delivered by the registrar or absentee ballot clerk shall then and there vote the ballot, seal it properly, and return it to the registrar or absentee ballot clerk. If the elector registered to vote for the first time in this state by mail and has not previously provided the identification required by Code Section 21-2-220 and votes for the first time by absentee ballot and fails to provide the identification required by Code Section 21-2-220 with such absentee ballot, such absentee ballot shall be treated as a provisional ballot and shall be counted only if the registrars are able to verify the identification and registration ofthe elector during the time provided pursuant to Code Section 21-2-419."

_____________GEORGIA LAWS 2003 SESSION___________543
SECTION 40. Said chapter is further amended by striking paragraph (1) of subsection (a) and subsections (b) and (e) of Code Section 21-2-386, relating to safekeeping, certification, and validation of absentee ballots, and inserting in lieu thereof a new paragraph (1) of subsection (a) and new subsections (b) and (e) to read as follows:
"(a)(l) The board of registrars or absentee ballot clerk shall keep safely and unopened all official absentee ballots received from absentee electors prior to the closing of the polls on the day of the primary or election except as otherwise provided in this subsection. Upon receipt of each ballot, a registrar or clerk shall write the day and hour of the receipt of the ballot on its envelope. The registrar or clerk shall then compare the identifying information on the oath with the information on file in his or her office, shall compare the signature or mark on the oath with the signature or mark on the absentee elector's application for absentee ballot or a facsimile of said signature or mark taken from said application, and shall, if the information and signature appear to be valid, so certify by signing or initialing his or her name below the voter's oath. Each elector's name so certified shall be listed by the registrar or clerk on the numbered list of absentee voters prepared for his or her precinct. If the elector has failed to sign the oath, or if the signature does not appear to be valid, or if the elector has failed to furnish required information or information so furnished does not conform with that on file in the registrar's or clerk's office, or if the elector is otherwise found disqualified to vote, the registrar or clerk shall write across the face of the envelope 'Rejected,' giving the reason therefor. The board of registrars or absentee ballot clerk shall promptly notify the elector of such rejection, a copy of which notification shall be retained in the files of the board of registrars or absentee ballot clerk for at least one year. Three copies of the numbered list of voters shall also be prepared for such rejected absentee electors, giving the name of the elector and the reason for the rejection in each case. Three copies of the numbered list of certified absentee voters and three copies of the numbered list of rejected absentee voters for each precinct shall be turned over to the poll manager in charge of counting the absentee ballots and shall be distributed as required by law for numbered lists of voters. All absentee ballots returned to the board or absentee ballot clerk after the closing of the polls on the day of the primary or election shall be safely kept unopened by the board or absentee ballot clerk and then transferred to the appropriate clerk for storage for the period of time required for the preservation of ballots used at the primary or election and shall then, without being opened, be destroyed in like manner as the used ballots of the primary or election. The board of registrars or absentee ballot clerk shall promptly notify the elector by first-class mail that the elector's ballot was returned too late to be counted and that the elector will not receive credit for voting in the primary or election. All such late absentee ballots shall be delivered to the appropriate clerk and stored as provided in Code Section 21-2-390." "(b) As soon as practicable after 12:00 Noon on the day of the primary or election, in precincts other than those in which optical scanning tabulators are

544______GENERAL ACTS AND RESOLUTIONS, VOL. I_________
used, a registrar or absentee ballot clerk shall deliver the official absentee ballot of each certified absentee elector, each rejected absentee ballot, applications for such ballots, and copies of the numbered lists of certified and rejected absentee electors to the manager in charge of the absentee ballot precinct of the county or municipality, which shall be located in the precincts containing the county courthouse or polling place designated by the municipal superintendent. In those precincts in which optical scanning tabulators are used, such absentee ballots shall be taken to the tabulation center or other place designated by the superintendent, and the official receiving such absentee ballots shall issue his or her receipt therefor. In no event shall the counting of the ballots begin before the polls close." "(e) If an absentee elector's right to vote has been challenged for cause, a poll officer shall open the envelopes and write 'Challenged,' the elector's name, and the alleged cause of challenge on the back of the ballot, without disclosing the markings on the face thereof, and shall deposit the ballot in the box; and it shall be counted as other challenged ballots are counted. In the case of absentee votes cast on direct recording electronic voting systems, the ballots shall be coded in such a way that the ballot of a challenged voter can be separated from other valid ballots at the time of tabulation and the challenged ballots shall be counted or rejected in accordance with Code Section 21-2-230. The board of registrars or absentee ballot clerk shall promptly notify the elector of such challenge."
SECTION 41. Said chapter is further amended by striking Code Section 21-2-390, relating to delivery of election materials to clerk of superior court or city clerk after primary or election, and inserting in lieu thereof a new Code Section 21-2-390 to read as follows:
"21-2-390.
All official absentee ballots and envelopes on which the forms of affidavits and jurats appear shall be delivered to the clerk of the superior court or the city clerk upon the conclusion of the primary or election and shall be safely kept by him or her for the period required by law and then shall be destroyed. The applications for such ballots shall be retained by the board of registrars or the municipal absentee ballot clerk for at least 24 months and then may be destroyed. On the day following the primary or election, the board of registrars or the municipal absentee ballot clerk shall transmit all canceled, spoiled, and rejected absentee ballots and copies of requests for cancellation of absentee ballots to the clerk of the superior court or the city clerk to be held with other election materials as provided in Code Section 21-2-500. The registrars or the municipal absentee ballot clerk shall also transmit an accounting of all absentee ballots, including the number furnished by the registrars or the municipal absentee ballot clerk, the number issued to electors, the number spoiled, and the number rejected."

_____________GEORGIA LAWS 2003 SESSION___________545
SECTION 42. Said chapter is further amended by striking subsection (c) of Code Section 21 -2-400, relating to duty of superintendent to obtain cards of instruction, blank forms of oaths, and other forms and supplies, and inserting in lieu thereof a new subsection (c) to read as follows:
"(c) The superintendent shall prepare sample or facsimile ballots or ballot labels, as the case may be, for each general election which shall contain each question and the candidates who are offering for election for each office which will be voted upon in the county or municipality. The superintendent shall maintain such sample or facsimile ballots or ballot labels at the county courthouse for distribution upon request to interested electors. Such sample or facsimile ballots or ballot labels shall comply with Code Section 21-2-575."
SECTION 43. Said chapter is further amended by striking subsection (a) of Code Section 21-2-405, relating to meeting of poll officers at place of primary or election, an inserting in lieu thereof a new subsection (a) and adding a new subsection (e) to read as follows:
"(a) The chief manager and two assistant managers shall meet in the respective places appointed for holding the primary or election in each precinct at least one hour before the hour for opening the polls on the day of each primary or election. The other required poll officers shall meet in the respective places appointed for holding the primary or election in each precinct at least 30 minutes before the hour for opening the polls on the day of each primary or election. Before entering upon their duties at any primary or election, all poll officers shall take and subscribe in duplicate to the oaths required by this chapter." "(e) Nothing in this Code section shall prohibit a county or municipality from offering poll officers, other than the chief manager and assistant managers, the option of working part of an election day, rather than the entire day from the opening of the polls to the closing of the polls and completion of the required duties following the closing of the polls. In such cases, any poll officer who begins a shift of work after the opening of the polls shall take and subscribe the same oath as required of poll officers in subsection (a) of this Code section and shall handle such duties as assigned by the chief manager."
SECTION 44. Said chapter is further amended by striking subsection (c) of Code Section 21-2-408, relating to poll watchers, and inserting in lieu thereof a new subsection (c) to read as follows:
"(c) In counties or municipalities using direct recording electronic (DRE) voting systems or optical scanning voting systems, each political party may appoint two poll watchers in each primary or election, each political body may appoint two poll watchers in each election, each nonpartisan candidate may appoint one poll watcher in each nonpartisan election, and each independent candidate may appoint one poll watcher in each election to serve in the locations designated by

546______GENERAL ACTS AND RESOLUTIONS, VOL. I_________
the superintendent within the tabulating center. Such designated locations shall include the check-in area, the computer room, the duplication area, and such other areas as the superintendent may deem necessary to the assurance of fair and honest procedures in the tabulating center. The poll watchers provided for in this subsection shall be appointed and serve in the same manner as other poll watchers."
SECTION 45. Said chapter is further amended by striking subsection (a) and paragraph (2) of subsection (b) of Code Section 21-2-409, relating to assisting electors who cannot read English or have physical disabilities, and inserting in lieu thereof a new subsection (a) and paragraph (2) of subsection (b) to read as follows:
"(a) No elector shall receive any assistance in voting at any primary or election unless he or she is unable to read the English language or he or she has a physical disability which renders him or her unable to see or mark the ballot or operate the voting equipment or to enter the voting compartment or booth without assistance. The elector shall take an oath that shall be administered to him or her and placed in writing by a manager, giving the reason why the elector requires assistance. The printed name and the signature of such person assisting the elector shall be provided on the oath. Except that an elector who declares that by reason of blindness he or she is unable to cast a vote as he or she wishes may receive assistance on the basis of the blind elector's declaration without the necessity of an oath. The printed name and the signature of such person assisting a blind elector shall be provided on the declaration."
"(2) In all other elections, any elector who is entitled to receive assistance in voting under this Code section shall be permitted by the managers to select (1) any elector, except a poll officer or poll watcher, who is a resident of the precinct in which the elector requiring assistance is attempting to vote; or (2) the mother, father, sister, brother, spouse, or child of the elector entitled to receive assistance, to enter the voting compartment or booth with him or her to assist in voting, such assistance to be rendered inside the voting compartment or booth. No person shall assist more than ten such electors in any primary, election, or runoff covered by this paragraph. No person whose name appears on the ballot as a candidate at a particular election nor the mother, father, grandparent, aunt, uncle, sister, brother, spouse, son, daughter, niece, nephew, grandchild, son-in-law, daughter-in-law, mother-in-law, father-in-law, brother-in-law, or sister-in-law of that candidate may offer assistance during that particular election under the provisions of this Code section to any voter who is not related to such candidate. For the purposes of this paragraph, 'related to such candidate' shall mean the candidate's mother, father, grandparent, aunt, uncle, sister, brother, spouse, son, daughter, niece, nephew, grandchild, son-in-law, daughter-in-law, mother-in-law, father-in-law, brother-in-law, or sister-in-law."

_____________GEORGIA LAWS 2003 SESSION___________547
SECTION 46. Said chapter is further amended by striking subsection (f) of Code Section 21-2-413, relating to conduct of voters, campaigners, and others at polling places generally, and inserting in lieu thereof a new subsection (f) to read as follows:
"(f) All persons except poll officers, poll watchers, persons in the course of voting and such persons' children under 18 years of age or any child who is 12 years of age or younger accompanying such persons, persons lawfully giving assistance to electors, duly authorized investigators of the State Election Board, and peace officers when necessary for the preservation of order, must remain outside the enclosed space during the progress of the voting. Notwithstanding any other provision of this chapter, any elector shall be permitted to be accompanied into the enclosed area and into a voting compartment or voting machine booth while voting by such elector's child or children under 18 years of age or any child who is 12 years of age or younger unless the poll manager or an assistant manager determines in his or her sole discretion that such child or children are causing a disturbance or are interfering with the conduct of voting. Children accompanying an elector in the enclosed space pursuant to this subsection shall not in any manner handle any ballot nor operate any function of the voting equipment under any circumstances."
SECTION 47. Said chapter is further amended by striking subsections (f) and (g) of Code Section 21 -2-414, relating to restrictions on campaign activities and public opinion polling within the vicinity of a polling place, and inserting in lieu thereof new subsections (f), (g), and (h) to read as follows:
"(f) No person whose name appears as a candidate on the ballot being voted upon at a primary, election, special primary, or special election, except a judge of the probate court serving as the election superintendent, shall physically enter any polling place other than the polling place at which that person is authorized to cast his or her ballot for that primary, election, special primary, or special election and, after casting his or her ballot, the candidate shall not return to such polling place until after the poll has closed and voting has ceased. Judges of the probate court serving as election superintendents shall enter polling places only as necessary to fulfi 11 their duties as election superintendents and shall not engage in any practice prohibited by this Code section. (g) This Code section shall not be construed to prohibit a poll officer from distributing materials, as required by law, which are necessary for the purpose of instructing electors or from distributing materials prepared by the Secretary of State which are designed solely for the purpose of encouraging voter participation in the election being conducted, (h) Any person who violates this Code section shall be guilty of a misdemeanor."

548______GENERAL ACTS AND RESOLUTIONS, VOL. I_________
SECTION 48. Said chapter is further amended by striking Code Section 21-2-417, relating to presentation of identification to poll workers, and inserting in lieu thereof a new Code Section 21-2-417 to read as follows:
"21-2-417.
(a) Each elector shall present proper identification to a poll worker at or prior to completion of a voter's certificate at any polling place and prior to such person's admission to the enclosed space at such polling place. Proper identification shall consist of any one of the following:
(1) A valid Georgia driver's license; (2) A valid identification card issued by a branch, department, agency, or entity of the State of Georgia, any other state, or the United States authorized by law to issue personal identification; (3) A valid United States passport; (4) A valid employee identification card containing a photograph of the elector and issued by any branch, department, agency, or entity of the United States government, this state, or any county, municipality, board, authority, or other entity of this state; (5) A valid employee identification card containing a photograph of the elector and issued by any employer of the elector in the ordinary course of such employer's business; (6) A valid student identification card containing a photograph of the elector from any public or private college, university, or postgraduate technical or professional school located within the State of Georgia; (7) A valid Georgia license to carry a pistol or revolver; (8) A valid pilot's license issued by the Federal Aviation Administration or other authorized agency of the United States; (9) A valid United States military identification card; (10) A certified copy of the elector's birth certificate; (11) A valid social security card; (12) Certified naturalization documentation; (13) A certified copy of court records showing adoption, name, or sex change; (14) A current utility bill, or a legible copy thereof, showing the name and address of the elector; (15) A bank statement, or a legible copy thereof, showing the name and address of the elector; (16) A government check or paycheck, or a legible copy thereof, showing the name and address of the elector; or (17) A government document, or a legible copy thereof, showing the name and address of the elector. (b) If an elector is unable to produce any of the items of identification listed in subsection (a) of this Code section, he or she shall sign a statement under oath in a form approved by the Secretary of State, separate and distinct from the elector's voter certificate, swearing or affirming that he or she is the person identified on the elector's voter certificate. Such person shall be allowed to vote without

_____________GEORGIA LAWS 2003 SESSION___________549
undue delay; provided, however, that an elector who registered for the first time in this state by mail and did not provide one of the forms of identification set forth in subsection (a) of this Code section at the time of registration and who is voting for the first time may vote a provisional ballot pursuant to Code Section 21-2-418 upon swearing or affirming that the elector is the person identified in the elector's voter certificate. Such provisional ballot shall only be counted if the registrars are able to verify current and valid identification of the elector as provided in this Code section within the time period for verifying provisional ballots pursuant to Code Section 21-2-419. Falsely swearing or affirming such statement under oath shall be punishable as a felony, and the penalty shall be distinctly set forth on the face of the statement."
SECTION 49. Said chapter is further amended by adding new subsections (d), (e), (f), and (g) to Code Section 21-2-418, relating to provisional ballots, to read as follows:
"(d) Notwithstanding any provision of this chapter to the contrary, in the event that the time for closing the polls at a polling place or places is extended by court order, all electors who vote during such extended time period shall vote by provisional ballot only. Such ballots shall be separated and held apart from other provisional ballots cast by electors during normal poll hours. (e) The registrars shall establish a free access system, such as a toll-free telephone number or Internet website, by which any elector who casts a provisional ballot in a primary or election, or runoff of either, in which federal candidates are on the ballot may ascertain whether such ballot was counted and, if such ballot was not counted, the reason why such ballot was not counted. The registrars shall establish and maintain reasonable procedures necessary to protect the security, confidentiality, and integrity of personal information collected, stored, or otherwise used by such free access system. Access to such information about an individual provisional ballot shall be restricted to the elector who cast such ballot. (f) At the time an elector casts a provisional ballot, the poll officers shall give the elector written information that informs the elector of the existence of the free access system required by subsection (e) of this Code section by which the elector will be able to ascertain if his or her ballot was counted and, if such ballot was not counted, the reason why such ballot was not counted. (g) Failure to establish such free access system shall subject the registrars and the county by which the registrars are employed to sanctions by the State Election Board."
SECTION 50. Said chapter is further amended by striking subsection (c) of Code Section 21-2-438, relating to ballots identifying voter, not marked, or improperly marked declared void, and inserting in lieu thereof a new subsection (c) to read as follows:
"(c) Notwithstanding any other provisions of this chapter to the contrary and in accordance with the rules and regulations of the State Election Board

550______GENERAL ACTS AND RESOLUTIONS, VOL. I________
promulgated pursuant to paragraph (7) ofCode Section 21 -2-31, ifthe elector has marked his or her ballot in such a manner that he or she has indicated clearly and without question the candidate for whom he or she desires to cast his or her vote, his or her ballot shall be counted and such candidate shall receive his or her vote, notwithstanding the fact that the elector in indicating his or her choice may have marked his or her ballot in a manner other than as prescribed by this chapter."
SECTION 51. Said chapter is further amended by repealing and reserving Part 4 of Article 11.
SECTION 52. Said chapter is further amended by striking subsection (g) of Code Section 21-2-480, relating to form and arrangement of optical scanning voting equipment, and inserting in lieu thereof a new subsection (g) to read as follows:
"(g) When presidential electors are to be elected, the ballot shall not list the individual names of the candidates for presidential electors but shall list the names of each political party and body and the names of the political party or body candidates for the office of President and Vice President. The individual names or the nominees of each political party or body for such offices shall be posted at each polling place with the sample ballots required by subsection (c) of Code Section 21-2-375 arranged alphabetically under the names ofthe candidates of the party or body for President and Vice President of the United States. A vote for the candidates for President and Vice President of a political party or body shall be deemed to be a vote for each of the candidates for presidential electors of such political party or body."
SECTION 53. Said chapter is further amended by striking Code Section 21-2-482, relating to absentee ballots for precincts using optical scanning voting equipment, and inserting in lieu thereof a new Code Section 21-2-482 to read as follows:
"21-2-482. Ballots in a precinct using optical scanning voting equipment for use by absentee electors shall be prepared sufficiently in advance by the superintendent and shall be delivered to the board of registrars as provided in Code Section 21-2-384. Such ballots shall be marked 'Official Absentee Ballot' and shall be in substantially the form for ballots required by Article 8 of this chapter, except that in counties or municipalities using voting machines, direct recording electronic (DRE) units, or optical scanners, the ballots may be in substantially the form for the ballot labels required by Article 9 of this chapter or in such form as will allowthe ballot to be machine tabulated. Every such ballot shall have printed on the face thereof the following: 'I understand that the offer or acceptance of money or any other object of value to vote for any particular candidate, list of candidates, issue, or list of issues included in this election constitutes an act of voter fraud and is a felony under Georgia law.' The form for either ballot shall be determined and prescribed by the Secretary of State."

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SECTION 54. Said chapter is further amended by striking subsection (g) of Code Section 21-2-483, relating to the counting of ballots, and inserting in lieu thereof a new subsection (g) to read as follows:
"(g)( 1) The precinct tabulator shall be programmed to return to the voter at the time that the voter inserts the ballot any ballot on which an overvote is indicated, along with any ballot that cannot be processed by the tabulator for reevaluation or correction or spoiling of the ballot, and a new ballot shall be issued if the voter desires to vote another ballot in order to correct mistakes, overvotes, or other problems.
(2)(A) The central tabulator shall be programmed to reject any ballot, including absentee ballots, on which an overvote is detected and any ballot so rejected shall be manually reviewed by the vote review panel described in this Code section to determine the voter's intent as described in subsection (c) of Code Section 21-2-438. (B) In a partisan election, the vote review panel shall be composed of the election superintendent or designee thereof and one person appointed by the county executive committee of each political party and body having candidates whose names appear on the ballot for such election, provided that, if there is no organized county executive committee for a political party or body, the person shall be appointed by the state executive committee of the political party or body. In a nonpartisan election, the panel shall be composed of the election superintendent or designee thereof and two electors of the county, in the case of a county election, or the municipality, in the case of a municipal election, appointed by the chief judge of the superior court of the county in which the election is held or, in the case of a municipality which is located in more than one county, of the county in which the city hall of the municipality is located. The panel shall manually review all ballots rejected by the tabulator under subparagraph (A) of this paragraph and shall determine by majority vote whether the elector's intent can be determined as described in subsection (c) of Code Section 21-2-438 and, if so, said vote shall be counted as the elector intended. In the event of a tie vote by the vote review panel, the vote of the election superintendent or designee thereof shall control."
SECTION 55. Said chapter is further amended by striking subsections (c) and (e) of Code Section 21-2-493, relating to computation, canvassing, and tabulation of returns, and inserting in lieu thereof new subsections (c) and (e) to read as follows:
"(c) In precincts in which paper ballots have been used, the superintendent may require the production of the ballot box and the recount of the ballots contained in such ballot box, either generally or respecting the particular office, nomination, or question as to which the excess exists, in the discretion of the superintendent, and may require the correction of the returns in accordance with the result of such recount. If the ballot box is found to contain more ballots than there are electors

552______GENERAL ACTS AND RESOLUTIONS, VOL. I_________
registered in such precinct or more ballots than the number of voters who voted in such precinct at such primary or election, the superintendent may, in his or her discretion, exclude the poll of that precinct, either as to all offices, candidates, questions, or parties and bodies or as to any particular offices, candidates, questions, or parties and bodies, as to which such excess exists." "(e) In precincts in which paper ballots have been used, the general returns made by the poll officers from the various precincts shall be read one after another in the usual order, slowly and audibly, by one of the assistants who shall, in each case of a return from a precinct in which ballots were used, read therefrom the number ofballots issued, spoiled, canceled, and cast, respectively, whereupon the assistant having charge of the records of the superintendent showing the number of ballots furnished for each precinct, including the number of stubs and unused ballots and spoiled and canceled ballots returned, shall publicly announce the number of the same respectively; and, unless it appears by such number or calculations therefrom that such records and such general return correspond, no further returns shall be read from the latter until all discrepancies are explained to the satisfaction of the superintendent."
SECTION 56. Said chapter is further amended by striking subsections (a) and (c) of Code Section 21-2-495, relating to procedure for recount or recanvass of votes, and inserting in lieu thereof new subsections (a) and (c) to read as follows:
"(a) In precincts where paper ballots have been used, the superintendent may, either of his or her own motion or upon petition of any candidate or political party, order the recount of all the ballots for a particular precinct or precincts for one or more offices in which it shall appear that a discrepancy or error, although not apparent on the face of the returns, has been made. Such recount may be held at any time prior to the certification of the consolidated returns by the superintendent and shall be conducted under the direction of the superintendent. Before making such recount, the superintendent shall give notice in writing to each candidate and to the county or municipal chairperson of each party or body affected by the recount. Each such candidate may be present in person or by representative, and each such party or body may send two representatives to be present at such recount. If upon such recount, it shall appear that the original count by the poll officers was incorrect, such returns and all papers being prepared by the superintendent shall be corrected accordingly." "(c) Whenever the difference between the number of votes received by a candidate who has been declared nominated for an office in a primary election or who has been declared elected to an office in an election or who has been declared eligible for a run-off primary or election and the number of votes received by any other candidate or candidates not declared so nominated or elected or eligible for a runoff shall be not more than 1 percent of the total votes which were cast for such office therein, any such candidate or candidates receiving a sufficient number of votes so that the difference between his or her vote and that of a candidate declared nominated, elected, or eligible for a runoff

GEORGIA LAWS 2003 SESSION
is not more than 1 percent of the total votes cast, within a period of two business days following the certification of the election results, shall have the right to a recount of the votes cast, if such request is made in writing by the losing candidate. If the office sought is a federal or state office voted upon by the electors of more than one county, the request shall be made to the Secretary of State who shall direct that the recount be performed in all counties in which electors voted for such office and notify the superintendents of the several counties involved of the request. In all other cases, the request shall be made to the superintendent. The superintendent or superintendents shall order a recount of such votes to be made immediately. If, upon such recount, it is determined that the original count was incorrect, the returns and all papers prepared by the superintendent, the superintendents, or the Secretary of State shall be corrected accordingly and the results recertified."
SECTION 57. Said chapter is further amended by striking Code Section 21-2-499, relating to duty of Secretary of State as to tabulation, computation, and canvassing of votes for state and federal officers, in its entirety and inserting in lieu thereof a new Code Section 21-2-499 to read as follows:
"21-2-499.
(a) Upon receiving the certified returns of any election from the various superintendents, the Secretary of State shall immediately proceed to tabulate, compute, and canvass the votes cast for all candidates described in subparagraph (A) of paragraph (4) of Code Section 21-2-497 and upon all questions voted for by the electors of more than one county and shall thereupon certify and file in his or her office the tabulation thereof. In the event an error is found in the certified returns presented to the Secretary of State or in the tabulation, computation, or canvassing of votes as described in this Code section, the Secretary of State shall notify the county submitting the incorrect returns and direct the county to correct and recertify such returns. Upon receipt by the Secretary of State of the corrected certified returns of the county, the Secretary of State shall issue a new certification of the results and shall file the same in his or her office. (b) The Secretary of State shall also, upon receiving the certified returns for presidential electors, proceed to tabulate, compute, and canvass the votes cast for each slate of presidential electors and shall immediately lay them before the Governor. Not later than 5:00 P.M. on the fourteenth day following the date on which such election was conducted, the Secretary of State shall certify the votes cast for all candidates described in subparagraph (A) of paragraph (4) of Code Section 21-2-497 and upon all questions voted for by the electors of more than one county and shall no later than that same time lay the returns for presidential electors before the Governor. The Governor shall enumerate and ascertain the number of votes for each person so voted and shall certify the slates of presidential electors receiving the highest number of votes. The Governor shall certify the slates of presidential electors no later than 5:00 P.M. on the fifteenth

554_______GENERAL ACTS AND RESOLUTIONS, VOL. I_________
day following the date on which such election was conducted. Notwithstanding the deadlines specified in this Code section, such times may be altered for just cause by an order of a judge of superior court of this state, (c) The Secretary of State shall not count, tabulate, or publish the names of any write-in candidates for whom the notice of intention of candidacy has not been provided in compliance with Code Section 21-2-133."
SECTION 58. Said chapter is further amended by striking Code Section 21-2-500, relating to delivery of voting materials, and inserting in lieu thereof a new Code Section 21-2-500 to read as follows:
"21-2-500.
(a) Immediately upon completing the returns required by this article, in the case of elections other than municipal elections, the superintendent shall deliver in sealed containers to the clerk of the superior court or, if designated by the clerk of the superior court, to the county records manager or other office or officer under the jurisdiction of a county governing authority which maintains or is responsible for records, as provided in Code Section 50-18-99, the used and void ballots and the stubs of all ballots used; one copy of the oaths of poll officers; and one copy of each numbered list of voters, tally paper, voting machine paper proof sheet, and return sheet involved in the primary or election. In addition, the superintendent shall deliver copies of the voting machine ballot labels, computer chips containing ballot tabulation programs, copies of computer records of ballot design, and similar items or an electronic record of the program by which votes are to be recorded or tabulated, which is captured prior to the election, and which is stored on some alternative medium such as a CD-ROM or floppy disk simultaneously with the programming of the PROM or other memory storage device. The clerk, county records manager, or the office or officer designated by the clerk shall hold such ballots and other documents under seal, unless otherwise directed by the superior court, for at least 24 months, after which time they shall be presented to the grand jury for inspection at its next meeting. Such ballots and other documents shall be preserved in the office of the clerk, county records manager, or officer designated by the clerk until the adjournment of such grand jury, and then they may be destroyed, unless otherwise provided by order of the superior court. (b) The superintendent shall retain all unused ballots for 30 days after the election or primary and, if no challenge or contest is filed prior to or during that period that could require future use of such ballots, may thereafter destroy such unused ballots. If a challenge or contest is filed during that period that could require the use of such ballots, they shall be retained until the final disposition of the challenge or contest and, if remaining unused, may thereafter be destroyed. (c) Immediately upon completing the returns required by this article, the municipal superintendent shall deliver in sealed containers to the city clerk the used and void ballots and the stubs of all ballots used; one copy of the oaths of poll officers; and one copy of each numbered list of voters, tally paper, voting

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machine paper proof sheet, and return sheet involved in the primary or election. In addition, the municipal superintendent shall deliver copies of the voting machine ballot labels, computer chips containing ballot tabulation programs, copies of computer records of ballot design, and similar items or an electronic record of the program by which votes are to be recorded or tabulated, which is captured prior to the election, and which is stored on some alternative medium such as a CD-ROM or floppy disk simultaneously with the programming of the PROM or other memory storage device. Such ballots and other documents shall be preserved under seal in the office of the city clerk for at least 24 months; and then they may be destroyed unless otherwise provided by order of the mayor and council if a contest has been filed or by court order, provided that the electors list, voter's certificates, and duplicate oaths of assisted electors shall be immediately returned by the superintendent to the county or municipal registrar as appropriate."
SECTION 59. Said chapter is further amended by striking subsections (a) and (g) of Code Section 21-2-501, relating to number of votes required for election, and inserting in lieu thereof new subsections (a) and (g) to read as follows:
"(a) Except as otherwise provided in this Code section, no candidate shall be nominated for public office in any primary or special primary or elected to public office in any special election unless such candidate shall have received a majority of the votes cast to fill such nomination or public office. In instances where no candidate receives a majority of the votes cast, a run-off primary, special primary runoff, or special election runoff between the candidates receiving the two highest numbers of votes shall be held. Unless such date is postponed by a court order, such run-off primary, special primary runoff, or special election runoff shall be held on the twenty-first day after the day of holding the preceding primary or special election, provided that, unless postponed by court order, a runoff in the case of a special primary or special election shall be held no sooner than the fourteenth day and no later than the twenty-first day after the day of holding the preceding special primary or special election, which run-off day shall be determined by the Secretary of State in a runoff to fill a federal or state office or by the superintendent in a runoff to fill a county or militia district office. If any candidate eligible to be in a runoff withdraws, dies, or is found to be ineligible, the remaining candidates receiving the two highest numbers of votes shall be the candidates in the runoff. The candidate receiving the highest number of the votes cast in such run-off primary, special primary runoff, or special election runoff to fill the nomination or public office sought shall be declared the winner. The name of a write-in candidate eligible for election in a runoff shall be printed on the special election run-off ballot in the independent column. The run-off primary, special primary runoff, or special election runoff shall be a continuation of the primary, special primary, or special election for the particular office concerned. Only the electors who were duly registered to vote and not subsequently deemed disqualified to vote in the primary, special primary, or

556_______GENERAL ACTS AND RESOLUTIONS, VOL. I________
special election for candidates for that particular office shall be entitled to vote therein, and only those votes cast for the persons designated as candidates in such run-off primary, special primary runoff, or special election runoff shall be counted in the tabulation and canvass of the votes cast. No elector shall vote in a run-off primary or special primary runoff in violation of Code Section 21-2-224."
"(g) In the event that no candidate receives a plurality of the votes cast in a general election, a runoff of the general election between the candidates receiving the two highest numbers of votes shall be held. If more than one candidate in a general election receives a plurality of the votes cast, the candidate receiving the highest number of votes cast shall be declared the winner. Unless such date is postponed by a court order, such runoff shall be held on the twenty-first day after the day of holding the preceding general election. If any candidate eligible to be in such runoff withdraws, dies, or is found to be ineligible, the remaining candidates receiving the two highest numbers of votes shall be the candidates in the runoff. The'candidate receiving the highest number of the votes cast in such runoff to fill the public office such candidate seeks shall be declared the winner. The name of a write-in candidate eligible for election in a runoff shall be printed on the run-off election ballot in the independent column. The run-off election of a general election shall be a continuation of the general election for the particular office concerned. Only the electors who were duly registered to vote and not subsequently deemed disqualified to vote for that particular office in such general election shall be entitled to vote therein, and only those votes cast for the persons designated as candidates in such runoff shall be counted in the tabulation and canvass of the votes cast."
SECTION 60. Said chapter is further amended by striking Code Section 21-2-528, relating to appeals from court's determination on contest petition, in its entirety and inserting in lieu thereof a new Code Section 21-2-528 to read as follows:
"21-2-528. An appeal from the final determination of the court may be taken within ten days from the rendition thereof to the Supreme Court as in other civil cases. The filing of a notice of appeal shall not act as a stay or supersedeas. The appellant may apply to the Supreme Court for a stay or supersedeas, and such court shall consider applications for stays or supersedeas in such cases without regard to whether any notice of appeal has been filed or the record docketed in such cases."
SECTION 61. Said chapter is further amended by striking paragraph (8) of Code Section 21-2-566, relating to interference with primaries and elections generally, and inserting in lieu thereof a new paragraph (8) to read as follows:
"(8) Willfully tampers with any electors list, voter's certificate, numbered list of voters, ballot box, voting machine, direct recording electronic (DRE) equipment, or tabulating machine".

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SECTION 62. Said chapter is further amended by striking paragraph (3) of Code Section 21-2-579, relating to fraudulently allowing ballot, ballot card, or voting machine to be seen, and inserting in lieu thereof a new paragraph (3) to read as follows:
"(3) Without having made the affirmation under oath or declaration required by Code Section 21-2-409, or when the disability which he or she declared at the time of registration no longer exists, permits another to accompany him or her into the voting compartment or voting machine booth or to mark his or her ballot or to register his or her vote on the voting machine or direct recording electronic (DRE) equipment; or".
SECTION 63. Said chapter is further amended by striking Code Section 21-2-582, relating to tampering with, damaging, or preventing of proper operation of vote recorders or tabulating machines, and inserting in lieu thereof the following:
"21-2-582. Any person who tampers with or damages any direct recording electronic (DRE) equipment or tabulating computer or device to be used or being used at or in connection with any primary or election or who prevents or attempts to prevent the correct operation of any direct recording electronic (DRE) equipment or tabulating computer or device shall be guilty of a felony."
SECTION 64. Said chapter is further amended by striking Code Section 21-2-582.1, relating to penalty for voting equipment modification, and inserting in lieu thereof a new Code Section 21-2-582.1 to read as follows:
"21-2-582.1. (a) For the purposes of this Code section, the term 'voting equipment' shall mean a voting machine, tabulating machine, optical scanning voting system, or direct recording electronic voting system. (b) Any person or entity, including but not limited to a manufacturer or seller of voting equipment, who alters, modifies, or changes any aspect of such voting equipment without prior approval of the Secretary of State is guilty of a felony."
SECTION 65. Said chapter is further amended by striking paragraphs (6) and (8) of Code Section 21-2-587, relating to frauds by poll officers, and inserting in lieu thereof new paragraphs (6) and (8) to read as follows:
"(6) Tampers with any voting machine, direct recording electronic (DRE) equipment, or tabulating computer or device;" "(8) Fails to return to the officials prescribed by this chapter, following any primary or election, any keys of a voting machine, ballot box, general or duplicate return sheet, tally paper, oaths of poll officers, affidavits of electors and others, record of assisted voters, numbered list of voters, electors list, voter's certificate, spoiled and canceled ballots or ballot cards, ballots or ballot

558______GENERAL ACTS AND RESOLUTIONS, VOL. I_________
cards deposited, written, or affixed in or upon a voting machine, DRE memory cards, or any certificate or any other paper or record required to be returned under this chapter".
SECTION 66. All laws and parts of laws in conflict with this Act are repealed.
Approved June 2, 2003.
HEALTH - MENTAL HEALTH - COMMUNITY LIVING ARRANGEMENTS; DRUG ABUSE TREATMENT AND EDUCATION PROGRAMS.
No. 210 (Senate Bill No. 264).
AN ACT
To amend Title 31 of the Official Code of Georgia Annotated, relating to health, so as to provide for actions against community living arrangements and drug abuse treatment and education programs licensed by the Department of Human Resources; to delete community living arrangements from the definition of "institution"; to provide for the relocation of residents of certain community living arrangements and patients of certain drug abuse treatment and education programs under certain emergency conditions; to include community living arrangements in a definition of long-term care facility for purposes of reporting abuse or exploitation; to amend Title 37 of the Official Code of Georgia Annotated, relating to mental health, so as to provide for the licensing of community living arrangements by the Department 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. Title 31 of the Official Code of Georgia Annotated, relating to health, is amended by striking subsection (a) of Code Section 31-2-6, relating to actions against applicants or licensees regulated under Chapters 7, 13, 22, and 23 of this title and Chapter 5 of Title 49, and inserting in its place the following:
"(a) This Code section shall be applicable to any agency, facility, institution, community living arrangement, drug abuse treatment and education program, or entity subject to regulation by the department under Chapters 7, 13, 22, 23, and 44 of this title; Chapter 5 of Title 26; paragraph (16) of subsection (b) and subsection (c) of Code Section 37-1-20; and Chapter 5 of Title 49. For purposes of this Code section, the term 'license' shall be used to refer to any license,

_____________GEORGIA LAWS 2003 SESSION___________559
permit, registration, or commission issued by the department pursuant to the provisions of the law cited in this subsection."
SECTION 2. 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:
"(A) Reserved;".
SECTION 3. Said title is further amended by striking Code Section 31-7-2.2, relating to determination that patients or residents in an institution are in danger, relocation of patients or residents, and suspension of admissions, and inserting in its place the following:
"31-7-2.2. (a)( 1) The commissioner may order the emergency relocation of patients or residents from an institution subject to licensure under this chapter, a community living arrangement subject to licensure under paragraph (16) of subsection (b) and subsection (c) of Code Section 37-1-20, or a drug abuse treatment and education program subject to licensure under Chapter 5 of Title 26 when the commissioner has determined that the patients or residents are subject to an imminent and substantial danger. (2) When an order is issued under this subsection, the commissioner shall provide for: (A) Notice to the patient or resident, his or her next of kin or guardian, and his or her physician of the emergency relocation and the reasons therefor; (B) Relocation to the nearest appropriate institution, community living arrangement, or drug abuse treatment and education program; and (C) Other protection designed to ensure the welfare and, when possible, the desires of the patient or resident. (b)( 1) The commissioner may order the emergency placement of a monitor in an institution subject to licensure under this chapter, a community living arrangement subject to licensure under paragraph (16) of subsection (b) and subsection (c) of Code Section 37-1-20, or a drug abuse treatment and education program subject to licensure under Chapter 5 of Title 26 when one or more of the following conditions are present: (A) The institution, community living arrangement, or drug abuse treatment and education program is operating without a permit or a license; (B) The department has denied application for a permit or a license or has initiated action to revoke the existing permit or license of the institution, community living arrangement, or drug abuse treatment and education program; (C) The institution, community living arrangement, or drug abuse treatment and education program is closing or plans to close and adequate arrangements for relocation of the patients or residents have not been made at least 30 days before the date of closure; or

560______GENERAL ACTS AND RESOLUTIONS, VOL. I_________
(D) The health, safety, security, rights, or welfare of the patients or residents cannot be adequately assured by the institution, community living arrangement, or drug abuse treatment and education program. (2) A monitor may be placed, pursuant to this subsection, in an institution, community living arrangement, or drug abuse treatment and education program for no more than ten days, during which time the monitor shall observe conditions and compliance with any recommended remedial action of the department by the institution, community living arrangement, or drug abuse treatment and education program. The monitor shall report to the department. The monitor shall not assume any administrative responsibility within the institution, community living arrangement, or drug abuse treatment and education program nor shall the monitor be liable for any actions of the institution, community living arrangement, or drug abuse treatment and education program. The costs of placing a monitor in an institution, community living arrangement, or drug abuse treatment and education program shall be paid by the institution, community living arrangement, or drug abuse treatment and education program unless the order placing the monitor is determined to be invalid in a contested case proceeding under subsection (d) of this Code section, in which event the costs shall be paid by the state. (c)(l) The commissioner may order the emergency prohibition of admissions to an institution subject to licensure under this chapter, a community living arrangement subject to licensure under paragraph (16) of subsection (b) and subsection (c) of Code Section 3 7-1 -20, or program subj ect to licensure under Chapter 5 of Title 26 when an institution, community living arrangement, or drug abuse treatment and education program has failed to correct a violation of departmental permit rules or regulations within a reasonable period of time, as specified in the department's corrective order, and the violation: (A) Could jeopardize the health and safety of the residents or patients in the institution, community living arrangement, or drug abuse treatment and education program if allowed to remain uncorrected; or (B) Is a repeat violation over a 12 month period, which is intentional or due to gross negligence. (2) Admission to an institution, community living arrangement, or drug abuse treatment and education program may be suspended until the violation has been corrected or until the department has determined that the institution, community living arrangement, or drug abuse treatment and education program has undertaken the action necessary to effect correction of the violation. (d) The commissioner may issue emergency orders pursuant to this Code section only if authorized by rules and regulations of the department. Unless otherwise provided in the order, an emergency order shall become effective immediately. The department shall hold a preliminary hearing within ten days following a request therefor by any institution, community living arrangement, or drug abuse treatment and education program affected by an emergency order. If at the preliminary hearing the order is determined by the department to be invalid, that order shall thereupon become void and of no effect. If at the preliminary hearing

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the order is determined by the department to be valid, that determination shall constitute a contested case under Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' and that order shall remain in effect until determined invalid in a proceeding regarding the contested case or until rescinded by the commissioner, whichever is earlier. For purposes of this subsection, an emergency order is valid only if the order is authorized to be issued under this Code section and rules and regulations relating thereto, (e) The powers provided by this Code section are cumulative of all other powers of the department, board, and commissioner."
SECTION 4. Said title is further amended by striking paragraph (3) of Code Section 31-8-81, relating to definitions related to reporting abuse or exploitation of residents in long-term care facilities, and inserting in its place the following:
"(3) 'Long-term care facility' or 'facility' means any skilled nursing home, intermediate care home, personal care home, or community living arrangement now or hereafter subject to regulation and licensure by the department."
SECTION 5. Title 37 of the Official Code of Georgia Annotated, relating to mental health, is amended by striking paragraph (16) of subsection (b) of Code Section 37-1-20, relating to the Division of Mental Health, Developmental Disabilities, and Addictive Disorders, and inserting in its place the following:
"(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 ftinds authorized through the Division of Mental Health, Developmental Disabilities, and Addictive Diseases of the Department of Human Resources."
SECTION 6. Said title is further amended by striking subsection (c) of Code Section 37-1-20, relating to the Division of Mental Health, Developmental Disabilities, and Addictive Diseases, and inserting in its place the following:
"(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 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;

562______GENERAL ACTS AND RESOLUTIONS, VOL. I_________
(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; and (4) Classify and license community living arrangements, as defined in paragraph (16) of subsection (b) of this Code section, in accordance with the rules and regulations promulgated by the department for the licensing of community living arrangements and the enforcement of licensing requirements. To be eligible for licensing as a community living arrangement, the residence and services provided must be integrated within the local community. All community living arrangements licensed by the department shall be subject to the provisions of Code Sections 31-2-6 and 31-7-2.2. No person, business entity, corporation, or association, whether operated for profit or not for profit, may operate a community living arrangement without first obtaining a license or provisional license from the department. A license issued under this article is not assignable or transferable."
SECTION 7. All laws and parts of laws in conflict with this Act are repealed.
Approved June 2, 2003.
PUBLIC UTILITIES - TELEMARKETING.
No. 211 (Senate Bill No. 272).
AN ACT
To amend Chapter 5 of Title 46 of the Official Code of Georgia Annotated, relating to telephone and telegraph service, so as to revise provisions regulating telemarketing to residential telephone subscribers to include telemarketing to mobile and wireless subscribers; to revise legislative findings, definitions, and the prohibition of telephone solicitation to certain subscribers; to revise provisions relating to a data base of subscribers who object to telephone solicitations and fees in connection therewith; to provide a penalty for unlawful compilation or dissemination of information from such data base; to revise procedures for persons making telephone solicitations; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

______________GEORGIA LAWS 2003 SESSION___________563
SECTION 1. Chapter 5 of Title 46 of the Official Code of Georgia Annotated, relating to telephone and telegraph service, is amended in Code Section 46-5-27, relating to telephone solicitations, by striking subsections (a) through (g) and inserting in lieu thereof the following:
"(a) The General Assembly finds that: (1) The use of the telephone to market goods and services is pervasive now due to the increased use of cost-effective telemarketing techniques; (2) Over 30,000 businesses actively telemarket goods and services to business and residential customers; (3) Every day, over 300,000 solicitors place calls to more than 18 million Americans, including citizens of this state; (4) Telemarketing, however, can be an intrusive and relentless invasion of the privacy and peacefulness of individuals; (5) Many citizens of this state are outraged over the proliferation of nuisance calls from telemarketers; (6) Individuals' privacy rights and commercial freedom of speech can be balanced in a way that accommodates both the privacy of individuals and legitimate telemarketing practices; and (7) It is in the public interest to establish a mechanism under which the individual citizens of this state can decide whether or not to receive telemarketing calls,
(b) As used in this Code section, the term: (1) 'Caller identification service' means a type of telephone service which permits telephone subscribers to see the telephone number of incoming telephone calls. (2) 'Residential, mobile, or wireless subscriber' means a person who has subscribed to telephone service from a local exchange company or mobile or wireless telephone service provider, or other persons living or residing with such person. (3) Telephone solicitation' means any voice communication over a telephone line for the purpose of encouraging the purchase or rental of, or investment in, property, goods, or services, but does not include communications: (A) To any residential, mobile, or wireless subscriber with that subscriber's prior express invitation or permission; (B) By or on behalf of any person or entity with whom a residential, mobile, or wireless subscriber has a prior or current business or personal relationship; or (C) By or on behalf of a charitable organization which has filed a registration statement pursuant to Code Section 43-17-5, is exempt from such registration under paragraphs (1) through (6) of subsection (a) of Code Section 43-17-9, or is exempt from such registration as a religious organization or agency referred to in paragraph (2) of Code Section 43-17-2. Such communication may be from a live operator, through the use of AD AD equipment as defined in Code Section 46-5-23, or by other means.

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(c) No person or entity shall make or cause to be made any telephone solicitation to the telephone line of any residential, mobile, or wireless subscriber in this state who has given notice to the commission, in accordance with regulations promulgated under subsection (d) of this Code section, of such subscriber's objection to receiving telephone solicitations.
(d)(l) The commission shall establish and provide for the operation of a data base to compile a list oftelephone numbers ofresidential, mobile, and wireless subscribers who object to receiving telephone solicitations. It shall be the duty of the commission to have such data base in operation no later than January 1, 1999. (2) Such data base may be operated by the commission or by another entity selected by and awarded a contract by the commission. (3) No later than January 1, 1999, the commission shall promulgate regulations which:
(A) Require each local exchange company to inform its residential, mobile, or wireless subscribers of the opportunity to provide notification to the commission or its contractor that such subscriber objects to receiving telephone solicitations; (B) Specify the methods by which each residential, mobile, or wireless subscriber may give notice to the commission or its contractor of his or her objection to receiving such solicitations and methods for revocation of such notice; (C) Specify the length of time for which a notice of objection shall be effective and the effect of a change of telephone number on such notice; (D) Specify the methods by which such objections and revocations shall be collected and added to the data base; (E) Specify the methods by which any person or entity desiring to make telephone solicitations will obtain access to the data base as required to avoid calling the telephone numbers of residential, mobile, or wireless subscribers included in the data base; and (F) Specify such other matters relating to the data base that the commission deems desirable. (4) If, pursuant to 47 U.S.C. Section 227(c)(3), the Federal Communications Commission establishes a single national data base of telephone numbers of subscribers who object to receiving telephone solicitations, the commission shall include the part of such single national data base that relates to Georgia in the data base established under this Code section. (e) The commission may provide by rule or regulation for administrative fees to be imposed upon: (1) A residential, mobile, or wireless subscriber for each notice of inclusion in the data base established under this Code section; provided, however, that the commission shall not set this fee in an amount greater than $5.00; and (2) A person or entity desiring to make telephone solicitations for access to or for electronic copies of the data base established under this Code section.

_____________GEORGIA LAWS 2003 SESSION___________565
(f)(l) Information contained in the data base established under this Code section shall be used only for the purpose of compliance with this Code section or in a proceeding or action under subsection (h) or (i) of this Code section. Such information shall not be subject to public inspection or disclosure under Article 4 of Chapter 18 of Title 50. (2) No person shall knowingly compile or disseminate or compile and disseminate information obtained from the data base for any reason other than those legitimate purposes established by law. Any person found guilty of violating this subsection shall be guilty of a misdemeanor and upon conviction shall be punished by a fine not to exceed $1,000.00. Each instance of an unauthorized disclosure of information from the data base shall constitute a separate offense. (g)(l) Any person or entity who makes a telephone solicitation to the telephone line of any residential, mobile, or wireless subscriber in this state shall, at the beginning of such call, state clearly the identity of the person or entity initiating the call. (2) No person or entity who makes a telephone solicitation to the telephone line of a residential, mobile, or wireless subscriber in this state shall knowingly utilize any method to block or otherwise circumvent such subscriber's use of a caller identification service."
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.
Approved June 2, 2003.
REVENUE - BONA FIDE CONSERVATION USE; COVENANT RENEWAL.
No. 212 (Senate Bill No. 277).
AN ACT
To amend Code Section 48-5-7.4 of the Official Code of Georgia Annotated, relating to bona fide conservation use property, residential transitional property, application procedures, penalties for breach of covenant, classification on tax digest, and an annual report, so as to provide that a conservation use covenant may be renewed and continued without a lapse in the agreement; 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 48-5-7.4 of the Official Code of Georgia Annotated, relating to bona fide conservation use property, residential transitional property, application procedures, penalties for breach of covenant, classification on tax digest, and an annual report, is amended by striking in its entirety subsection (d) and inserting in lieu thereof the following:
"(d) No property shall qualify for current use assessment under this Code section unless and until the owner of such property agrees by covenant with the appropriate taxing authority to maintain the eligible property in bona fide qualifying use for a period often years beginning on the first day of January of the year in which such property qualifies for such current use assessment and ending on the last day of December of the final year of the covenant period. After the owner has applied for and has been allowed current use assessment provided for in this Code section, it shall not be necessary to make application thereafter for any year in which the covenant period is in effect and current use assessment shall continue to be allowed such owner as specified in this Code section. Upon the expiration of any covenant period, the property shall not qualify for further current use assessment under this Code section unless and until the owner of the property has entered into a renewal covenant for an additional period often years; provided, however, that the owner may enter into a renewal contract in the ninth year of a covenant period so that the contract is continued without a lapse for an additional ten years."
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.
Approved June 2, 2003.
CONSERVATION - HISTORIC PRESERVATION GRANTS PROGRAM.
No. 213 (Senate Bill No. 291).
AN ACT
To amend Code Section 12-3-58 of the Official Code of Georgia Annotated, relating to powers, duties, and authority of the Department of Natural Resources and its Division of Historic Preservation relative to a historic preservation grants program, so as to redefine a certain term; to change certain provisions relating to eligibility of historic property for funding under such program; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

_____________GEORGIA LAWS 2003 SESSION___________567
SECTION 1. Code Section 12-3-58 of the Official Code of Georgia Annotated, relating to powers, duties, and authority of the Department of Natural Resources and its Division of Historic Preservation relative to a historic preservation grants program, is amended by striking paragraph (5) of subsection (a) and inserting in lieu thereof the following:
"(5) 'Historic property' means a district, site, building, structure, monument, or object significant in prehistory, history, upland and underwater archeology, architecture, engineering, or culture of this state, including artifacts, records, and remains related to a district, site, structure, or object. For purposes of this paragraph, sites significant in the history of this state shall be deemed to include without limitation combat veterans' gravesites in this state."
SECTION 2. Said Code section is further amended by striking subsection (f) and inserting in lieu thereof the following:
"(f) The division shall: (1) Ensure that funding under the grant program for the acquisition, restoration, or rehabilitation of historic properties is used only if the property has been listed in or is eligible for the Georgia Register of Historic Places or is a combat veteran's gravesite in this state; and (2) Require recipients of grants made under the grant program to enter into an agreement to preserve, maintain, and allow limited public access to the historic property. This agreement shall be a recordable conservation easement for the purpose of preserving the historical aspects of the property if the property is real property, unless the commissioner has determined that such an agreement or easement is impracticable or infeasible under the circumstances in accordance with the regulations."
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.
Approved June 2, 2003.
PROPERTY - ADVISORY BOARD ON ANATOMICAL GIFT PROCUREMENT; MEMBERS.
No. 214 (House Bill No. 53).
AN ACT
To amend Article 6 of Chapter 5 of Title 44 of the Official Code of Georgia Annotated, relating to anatomical gifts, so as to provide for the appointment of an

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organ recipient to the Advisory Board on Anatomical Gift Procurement; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Article 6 of Chapter 5 of Title 44 of the Official Code of Georgia Annotated, relating to anatomical gifts, is amended by striking subsection (a) of Code Section 44-5-149, relating to creation of the Advisory Board on Anatomical Gift Procurement, membership, terms, officers, meetings, and compensation, and inserting in its place the following:
"(a) There is created an advisory board to be known as the Advisory Board on Anatomical Gift Procurement. The board shall be composed of the following appointed persons:
(1) The Governor shall appoint: (A) One representative of an eye bank; (B) One representative of a tissue bank; (C) One representative of a bone bank; (D) One representative of an organ procurement organization; (E) One representative of hospitals in this state; (F) One representative of the medical profession in this state; (G) One representative of the Department of Human Resources; (H) One representative of the Department of Community Health; and (I) One medical examiner;
(2) The members specified in subparagraphs (A) through (I) of paragraph (1) of this subsection shall appoint one consumer member who has been the recipient of an organ and who has no professional connection with any entity specified in subparagraphs (A) through (I) of paragraph (1) of this subsection; (3) The Speaker of the House of Representatives shall appoint three members of the House of Representatives; and (4) The President of the Senate shall appoint three members of the Senate."
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.
Approved June 2, 2003.

_____________GEORGIA LAWS 2003 SESSION___________569
HEALTH - REGULATIONS; FINANCIAL ASSISTANCE FOR PERSONNEL SHORTAGES; SMALLPOX VACCINATION.
No. 215 (House Bill No. 372).
AN ACT
To amend Title 31 of the Official Code of Georgia Annotated, relating to health, so as to change certain provisions relating to adoption of health regulations; to provide for financial assistance to students, postgraduate trainees, or the parents of such for programs of study in fields in which critical personnel shortages exist in the authority's service area; to provide for legislative findings; to provide for immunity for certain hospitals, their agents or employees, health care providers, health care workers, and certain other persons participating in the federal smallpox vaccination and treatment program; to provide for applicability; to provide for a vaccination program for emergency responders who may be exposed to infectious diseases when deployed to a disaster location; to provide for definitions of certain terms; to provide for application for federal funding and implementation of a vaccination program contingent upon such funding; 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 31 of the Official Code of Georgia Annotated, relating to health, is amended by striking subsection (a) of Code Section 31-2-4, relating to rules and regulations of the Department of Human Resources, variances and waivers to rules and regulations establishing licensure standards for facilities, and exemption of classes of facilities from regulation, and inserting in lieu thereof the following:
"(a) The department is authorized to adopt and promulgate rules and regulations to effect prevention, abatement, and correction of situations and conditions which, if not promptly checked, would militate against the health of the people of this state. Such rules and regulations shall be adapted to the purposes intended, within the purview of the powers and duties imposed upon the department by this chapter, and supersede conflicting rules, regulations, and orders adopted pursuant to the authority of Chapter 3 of this title."
SECTION 2. Said title is further amended by striking paragraph (25) of Code Section 31-7-75, relating to functions and powers, and inserting in its place the following:
"(25) To provide financial assistance to individuals for the purpose of obtaining educational training in nursing or another health care field if such individuals are employed by, or are on an authorized leave of absence from, such authority or have committed to be employed by such authority upon completion of such educational training; to provide grants, scholarships, loans

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or other assistance to such individuals and to students and parents of students for programs of study in fields in which critical shortages exist in the authority's service area, whether or not they are employees of the authority; to provide for the assumption, purchase, or cancellation of repayment of any loans, together with interest and charges thereon, made for educational purposes to students, postgraduate trainees, or the parents of such students or postgraduate trainees who have completed a program of study in a field in which critical shortages exist in the authority's service area; and to provide services and financial assistance to private not for profit organizations in the form of grants and loans, with or without interest and secured or unsecured at the discretion of such authority, for any purpose related to the provision of health or medical services or related social services to citizens;".
SECTION 3. Said title is further amended by adding following Code Section 31-12-4, relating to isolation and segregation of diseased persons and quarantine, a new Code section to read as follows:
"31-12-4.1.
(a) The Georgia General Assembly makes the following findings: The attacks of September and October, 2001, on the United States have heightened concerns that terrorists may have access to the smallpox virus and may attempt to use it against the American public. In light of these concerns, and in order to secure public health and national security, the United States government has launched, and the State of Georgia has cooperated in, a smallpox vaccination and treatment program, with a recommendation for initial smallpox vaccinations for certain hospitals, health care workers, and emergency response workers. However, due to the virulent nature of smallpox and its vaccine, participation by hospitals and health care workers in such a program potentially increases their exposure to liability that, without sufficient legal protections, may significantly discourage their participation in the program. The federal government has determined, and the General Assembly agrees, that liability protection for those hospitals and health care workers who participate in such programs are integral to ensuring its maximum success. Accordingly, to achieve a potent and widespread smallpox vaccination and treatment program and maintain an effective defense against possible terrorist attacks, it is critical that hospitals and health care workers participating in such program be protected from potential legal liability absent their gross negligence or willful or wanton misconduct. The General Assembly therefore concludes that certain steps must be taken to encourage participation in the smallpox vaccination and treatment program in order to reserve to Georgia citizens continued access to smallpox vaccination and treatment services in the event of a terrorist attack. (b) Without waiving or affecting and cumulative of any existing immunity from any source, unless it is established that injuries or death were caused by gross negligence or willful or wanton misconduct:

_____________GEORGIA LAWS 2003 SESSION___________571
(1) No licensed hospital which participates in a smallpox vaccination and treatment program authorized by the United States Secretary of Health and Human Services or the United States Public Health Service of the State of Georgia or employees, agents, or health care workers of such hospital; and (2) No licensed health care provider, health care worker, or other person who participates in such smallpox vaccination and treatment program, whether or not such provider, workers, or person is an agent or employee of said hospital shall be liable for damages or injuries alleged to have been sustained by any individual by reason of such individual's receipt of a smallpox vaccination or treatment, such individual's exposure to smallpox or its related infections, or any act or omission committed by said hospital, employee, agent, health care provider, health care worker, or other person as a result of such individual's receipt of services from or related to such smallpox vaccination and treatment program. (c) This Code section shall apply only to causes of action arising on or after the effective date of this Code section."
SECTION 4. Said title is further amended by designating the current contents of Article 1 of Chapter 35, relating to vaccinations for firefighters, emergency medical technicians, and public safety officers, consisting of Code Sections 31-35-1 through 31 -35-3 and inserting a new Article 2 to read as follows:
"ARTICLE 2
31-35-10. As used in this article, the term:
(1) 'Bioterrorism' means the intentional use, to cause or attempt to cause death, disease, or other biological malfunction in any living organism, of any of the following:
(A) Microorganism; (B) Virus; (C) Infectious substance; or (D) Biological product that may be engineered as a result of biotechnology or any naturally occurring or bioengineered component of any microorganism, virus, infectious substance, or biological product. (2) 'Commissioner' means the commissioner of human resources. (3) 'Department' means the Department of Human Resources. (4) 'Disaster location' means any geographical location where a bioterrorism attack, terrorist attack, catastrophic event, natural disaster, or emergency occurs. (5) 'Emergency responded means any person employed as state or local law enforcement personnel, fire department personnel, corrections officers, or emergency medical personnel who may be deployed to a bioterrorism attack, terrorist attack, catastrophic event, natural disaster, or emergency.

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31-35-11. (a) The department shall offer a vaccination program for emergency responders who may be exposed to infectious diseases when deployed to a disaster location. The program shall include diseases for which vaccinations are recommended by the United States Public Health Service and in accordance with the Federal Emergency Management Directors Policy and may include, but not be limited to, vaccinations for hepatitis A, hepatitis B, diphtheria-tetanus, influenza, and pneumococcal. (b) An emergency responder shall be exempt from vaccination when a written statement from a licensed physician is presented to the department indicating that a vaccine is medically contraindicated for that person or the emergency responder signs a written statement that the administration of a vaccination conflicts with his or her personal choice or religious beliefs. (c) In the event of a vaccine shortage, the commissioner, in consultation with the Governor and the federal Centers for Disease Control and Prevention, shall use federal recommendations to determine the priority for vaccinations for emergency responders. (d) The department shall notify emergency responders of the availability of the vaccination program and the risks associated with such vaccinations and shall provide educational materials to emergency responders on ways to prevent exposure to infectious diseases. (e) The department may contract with county and local health departments, not for profit home health care agencies, hospitals, physicians, or other licensed health care organizations to administer the vaccination program for emergency responders. (f) The vaccination program established pursuant to this article shall be implemented only upon receipt of federal funding or grants for aid available and approved for purposes under this article. (g) The department shall take all necessary steps to apply for federal funding to implement the vaccination program under this article including use of an expedited application procedure if circumstances require such. The department shall also amend the state plan ifnecessary to meet federal funding requirements."
SECTION 5. Section 4 of this Act shall become effective July 1, 2003. The remaining sections of 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 June 2, 2003.

_____________GEORGIA LAWS 2003 SESSION___________573
CRIMES - PIMPING; SEXUAL BATTERY AND EXPLOITATION; COMPUTER PORNOGRAPHY.
No. 216 (House Bill No. 462).
AN ACT
To amend Title 16 of the Official Code of Georgia Annotated, relating to crimes and offenses, so as to change certain provisions relating to sexual offenses; to change certain provisions relating to pimping; to change certain provisions relating to sexual battery; to include depiction of any portion of a minor's body part in the prohibition against sexual exploitation of children; to provide for and change certain penalties; to provide for definitions; to expand the definition of computer pornography; to create the crime of obscene Internet contact with a child; to provide for limitations; 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 16 of the Official Code of Georgia Annotated, relating to crimes and offenses, is amended by striking Code Section 16-6-11, relating to pimping, and inserting in lieu thereof the following:
"16-6-11. A person commits the offense of pimping when he or she performs any of the following acts:
(1) Offers or agrees to procure a prostitute for another; (2) Offers or agrees to arrange a meeting of persons for the purpose of prostitution; (3) Directs or transports another person to a place when he or she knows or should know that the direction or transportation is for the purpose of prostitution; (4) Receives money or other thing of value from a prostitute, without lawful consideration, knowing it was earned in whole or in part from prostitution; or (5) Aids or abets, counsels, or commands another in the commission of prostitution or aids or assists in prostitution where the proceeds or profits derived therefrom are to be divided on a pro rata basis."
SECTION 1.1. Said title is further amended by striking Code Section 16-6-22.1, relating to sexual battery, and inserting in lieu thereof the following:
"16-6-22.1. (a) For the purposes of this Code section, the term 'intimate parts' means the primary genital area, anus, groin, inner thighs, or buttocks of a male or female and the breasts of a female.

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(b) A person commits the offense of sexual battery when he intentionally makes physical contact with the intimate parts of the body of another person without the consent of that person. (c) Except as otherwise provided in this Code section, a person convicted of the offense of sexual battery shall be punished as for a misdemeanor of a high and aggravated nature. (d) A person convicted of the offense of sexual battery against any child under the age of 16 years 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."
SECTION 2. Said title is amended further by striking subsections (b) and (g) of Code Section 16-12-100, relating to sexual exploitation of children and the penalties, and inserting in their respective places the following:
"(b)(l) It is unlawful for any person knowingly to employ, use, persuade, induce, entice, or coerce any minor to engage in or assist any other person to engage in any sexually explicit conduct for the purpose of producing any visual medium depicting such conduct. (2) It is unlawful for any parent, legal guardian, or person having custody or control of a minor knowingly to permit the minor to engage in or to assist any other person to engage in sexually explicit conduct for the purpose of producing any visual medium depicting such conduct. (3) It is unlawful for any person knowingly to employ, use, persuade, induce, entice, or coerce any minor to engage in or assist any other person to engage in any sexually explicit conduct for the purpose of any performance. (4) It is unlawful for any parent, legal guardian, or person having custody or control of a minor knowingly to permit the minor to engage in or to assist any other person to engage in sexually explicit conduct for the purpose of any performance. (5) It is unlawful for any person knowingly to create, reproduce, publish, promote, sell, distribute, give, exhibit, or possess with intent to sell or distribute any visual medium which depicts a minor or a portion of a minor's body engaged in any sexually explicit conduct. (6) It is unlawful for any person knowingly to advertise, sell, purchase, barter, or exchange any medium which provides information as to where any visual medium which depicts a minor or a portion of a minor's body engaged in any sexually explicit conduct can be found or purchased. (7) It is unlawful for any person knowingly to bring or cause to be brought into this state any material which depicts a minor or a portion of a minor's body engaged in any sexually explicit conduct. (8) It is unlawful for any person knowingly to possess or control any material which depicts a minor or a portion of a minor's body engaged in any sexually explicit conduct." "(g)(l) Except as otherwise provided in paragraph (2) of this subsection, any person who violates a provision of this Code section shall be guilty of a felony

_____________GEORGIA LAWS 2003 SESSION___________575
and, upon conviction thereof, shall be punished by imprisonment for not less than five nor more than 20 years and by a fine of not more than $100,000.00. In the event, however, that the person so convicted is a member of the immediate family of the victim, no fine shall be imposed. (2) Any person who violates subsection (c) of this Code section shall be guilty of a misdemeanor."
SECTION 3. Said title is amended further by striking Code Section 16-12-100.2, relating to computer pornography and child exploitation prevention, and inserting in lieu thereof the following:
"16-12-100.2. (a) This Code section shall be known and may be cited as the 'Computer Pornography and Child Exploitation Prevention Act of 1999.' (b) As used in this Code section, the term:
(1) 'Child' means any person under the age of 16 years. (2) 'Identifiable child' means a person:
(A) Who was a child at the time the visual depiction was created, adapted, or modified or whose image as a child was used in creating, adapting, or modifying the visual depiction; and (B) Who is recognizable as an actual person by the person's face, likeness, or other distinguishing characteristic, such as a unique birthmark or other recognizable feature or by electronic or scientific means as may be available. The term shall not be construed to require proof of the actual identity of the child. (3) 'Sadomasochistic abuse' has the same meaning as provided in Code Section 16-12-100.1. (4) 'Sexual conduct' has the same meaning as provided in Code Section 16-12-100.1. (5) 'Sexual excitement' has the same meaning as provided in Code Section 16-12-100.1. (6) 'Sexually explicit nudity' has the same meaning as provided in Code Section 16-12-102. (7) 'Visual depiction' means any image and includes undeveloped film and video tape and data stored on computer disk or by electronic means which is capable of conversion into a visual image or which has been created, adapted, or modified to show an identifiable child engaged in sexually explicit conduct. (c)(l) A person commits the offense of computer pornography if such person intentionally or willfully: (A) Compiles, enters into, or transmits by means of computer; (B) Makes, prints, publishes, or reproduces by other computerized means; (C) Causes or allows to be entered into or transmitted by means of computer; or (D) Buys, sells, receives, exchanges, or disseminates

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any notice, statement, or advertisement, or any child's name, telephone number, place of residence, physical characteristics, or other descriptive or identifying information for the purpose of offering or soliciting sexual conduct of or with an identifiable child or the visual depiction of such conduct. (2) Any person convicted of violating paragraph (1) of this subsection shall be punished by a fine of not more than $10,000.00 and by imprisonment for not less than one nor more than 20 years. (d)( 1) It shall be unlawful for any person intentionally or willfully to utilize a computer on-line service or Internet service, including but not limited to a local bulletin board service, Internet chat room, e-mail, or on-line messaging service to seduce, solicit, lure, or entice, or attempt to seduce, solicit, lure, or entice a child or another person believed by such person to be a child to commit any illegal act described in Code Section 16-6-2, relating to the offense of sodomy or aggravated sodomy; Code Section 16-6-4, relating to the offense of child molestation or aggravated child molestation; Code Section 16-6-5, relating to the offense of enticing a child for indecent purposes; or Code Section 16-6-8, relating to the offense of public indecency or to engage in any conduct that by its nature is an unlawful sexual offense against a child. (2) Any person who violates paragraph (1) of this subsection shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for not less than one nor more than 20 years and by a fine of not more than $25,000.00; provided, however, that, if at the time of the offense the victim was 14 or 15 years of age and the defendant was no more than three years older than the victim, then the defendant shall be guilty of a misdemeanor of a high and aggravated nature. (e)(l) A person commits the offense of obscene Internet contact with a child if he or she has contact with someone he or she knows to be a child or with someone he or she believes to be a child via a computer on-line service or Internet service, including but not limited to a local bulletin board service, Internet chat room, e-mail, or on-line messaging service, and the contact involves any matter containing explicit verbal descriptions or narrative accounts of sexually explicit nudity, sexual conduct, sexual excitement, or sadomasochistic abuse that is intended to arouse or satisfy the sexual desire of either the child or the person, provided that no conviction shall be had for a violation of this subsection on the unsupported testimony of a child. (2) Any person who violates paragraph (1) of this subsection shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for not less than one nor more than ten years or by a fine of not more than $10,000.00; provided, however, that, if at the time of the offense the victim was 14 or 15 years of age and the defendant was no more than three years older than the victim, then the defendant shall be guilty of a misdemeanor of a high and aggravated nature. (f)(l) It shall be unlawful for any owner or operator of a computer on-line service, Internet service, or local bulletin board service intentionally or willfully to permit a subscriber to utilize the service to commit a violation of

_____________GEORGIA LAWS 2003 SESSION___________577
this Code section, knowing that such person intended to utilize such service to violate this Code section. No owner or operator of a public computer on-line service, Internet service, or local bulletin board service shall be held liable on account of any action taken in good faith in providing the aforementioned services. (2) Any person who violates paragraph (1) of this subsection shall be guilty of a misdemeanor of a high and aggravated nature. (g) The sole fact that an undercover operative or law enforcement officer was involved in the detection and investigation of an offense under this Code section shall not constitute a defense to prosecution under this Code section, (h) A person is subject to prosecution in this state pursuant to Code Section 17-2-1, relating to jurisdiction over crimes and persons charged with commission of crimes generally, for any conduct made unlawful by this Code section which the person engages in while either within or outside of this state if, by such conduct, the person commits a violation of this Code section which involves a child who resides in this state or another person believed by such person to be a child residing in this state, (i) Any violation of this Code section shall constitute a separate offense."
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 June 2, 2003.
INSURANCE - INDIVIDUAL DEFERRED ANNUITIES; MINIMUM NONFORFEITURE RATE.
No. 233 (Senate Bill No. 166).
AN ACT
To amend Code Section 33-28-3 of the Official Code of Georgia Annotated, relating to standard nonforfeiture provisions for individual deferred annuities, so as to provide for a minimum nonforfeiture rate of 1 1/2 percent on individual deferred annuities; to provide for a sunset to such provision; to provide for applicability; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

578______GENERAL ACTS AND RESOLUTIONS, VOL. I_________
SECTION 1. Code Section 33-28-3 of the Official Code of Georgia Annotated, relating to standard nonforfeiture provisions for individual deferred annuities, is amended by striking paragraph (1) of subsection (d) and inserting in lieu thereof a new paragraph (1) to read as follows:
"(1) With respect to contracts providing for flexible considerations, the minimum nonforfeiture amount at any time at or prior to the commencement of any annuity payments shall be equal to an accumulation up to such time at a rate of interest of 1 1/2 percent per annum of percentages of the net considerations as defined in paragraph (2) of this subsection paid prior to such time, decreased by the sum of any prior withdrawals from or partial surrenders of the contract accumulated at a rate of interest of 1 1/2 percent per annum and the amount of any indebtedness to the company on the contract, including interest due and accrued, and increased by an existing additional amount credited by the company to the contract; provided that, on July 1, 2005, the rates of interest provided for in this paragraph shall increase from 1 1/2 percent per annum to 3 percent per annum and provided further that nothing in this paragraph shall impair or alter the provisions of any annuity contract in existence on the effective date of this Act;".
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 June 3, 2003.
CONSERVATION - TIMBER HARVESTING.
No. 234 (Senate Bill No. 207).
AN ACT
To amend Code Section 12-6-24 of the Official Code of Georgia Annotated, relating to providing notice of timber harvesting operations, so as to change certain provisions relating to effect on local regulation of timber harvesting operations; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

_____________GEORGIA LAWS 2003 SESSION___________579
SECTION 1. Code Section 12-6-24 of the Official Code of Georgia Annotated, relating to providing notice of timber harvesting operations, is amended by striking subsection (e) in its entirety and inserting in lieu thereof the following:
"(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. 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. (3) The provisions of paragraphs (1) and (2) of this subsection shall not preclude counties, municipalities, and other political subdivisions from enacting and enforcing tree ordinances, landscape ordinances, or streamside buffer ordinances; provided, however, such ordinances shall not apply to timber harvesting as described in subparagraph (A) of paragraph (4) of this subsection or in unzoned tracts as described in subparagraph (B) of paragraph (4) of this subsection.
(4)(A) The limitations on the regulatory authority of counties, municipalities, or other political subdivisions provided by paragraphs (1), (2), and (3) of this subsection shall apply only to timber harvesting operations which qualify as forestry land management practices or agricultural operations under Code Section 12-7-17, not incidental to development, on tracts which are zoned for or used for forestry, silvicultural, or agricultural purposes. (B) The limitations on the regulatory authority of counties, municipalities, or other political subdivisions provided by paragraphs (1), (2), and (3) of this subsection shall also apply to tracts which are unzoned."
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 June 3, 2003.

580______GENERAL ACTS AND RESOLUTIONS, VOL. I_________
MOTOR VEHICLES - LICENSES; REPORTS; INFORMATION; FEES.
No. 238 (Senate Bill No. 229).
AN ACT
To amend Code Section 40-5-53 of the Official Code of Georgia Annotated, relating to when courts are to send licenses and reports of convictions to the Department of Motor Vehicle Safety, so as to change certain provisions relating to forwarding of information and fees; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Code Section 40-5-53 of the Official Code of Georgia Annotated, relating to when courts are to send licenses and reports of convictions to the Department of Motor Vehicle Safety, is amended by striking subsections (b) and (c) and inserting in lieu thereof the following:
"(b) Every court in each county of this state having jurisdiction over offenses committed under this chapter and Chapter 6 of this title or any other law of this state or ordinance adopted by a local authority regulating the operation of motor vehicles on highways shall forward to the department, within ten days after the conviction of any person in such court for a violation of any such law other than regulations governing speeding in a noncommercial motor vehicle for which no points are assigned under Code Section 40-5-57, standing, or parking, a uniform citation form authorized by Article 1 of Chapter 13 of this title. Notwithstanding any other provision of this title, in satisfaction of the reporting requirement of this subsection, the courts of this state may transmit the information contained on the uniform citation form by electronic means, provided that the department has first given approval to the reporting court for the electronic reporting method utilized. The department shall pay to the clerk of the court forwarding the required report 400 for each report transmitted electronically and 100 for each report transmitted otherwise; and notwithstanding any general or local law to the contrary, the clerk shall pay such fees over to the general fund of the city or county operating the court."
SECTION 2. This Act shall become effective on July 1, 2003.
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.
Approved June 3, 2003.

_____________GEORGIA LAWS 2003 SESSION___________581
LOCAL GOVERNMENT - ZONING DECISIONS; MILITARY BASES; LOCAL CODE ENFORCEMENT BOARDS; ENVIRONMENTAL COURT.
No. 239 (Senate Bill No. 261).
AN ACT
To amend Title 36 of the Official Code of Georgia Annotated, relating to local government, so as to provide for additional procedures and requirements with respect to zoning decisions; to amend the "Local Government Code Enforcement Boards Act"; to define a certain term; to provide requirements for an order to comply issued by a local code enforcement board; to provide for the specificity of fines; to repeal certain provisions relative to an administrative fine; to repeal certain provisions relative to an environmental court; to specify the venue and form of appeals; to provide for the delivery of notice; to provide for applicability of the foregoing; to make editorial revisions; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Title 36 of the Official Code of Georgia Annotated, relating to local government, is amended by adding a new Code section at the end of Chapter 66, relating to zoning procedures, to be designated Code Section 36-66-6, to read as follows:
"36-66-6. (a) In any local government which has established a planning department or other similar agency charged with the duty of reviewing zoning proposals, such planning department or other agency shall with respect to each proposed zoning decision involving land that is adjacent to or within 3,000 feet of any military base or military installation or within the 3,000 foot Clear Zone and Accident Prevention Zones Numbers I and II as prescribed in the definition of an Air Installation Compatible Use Zone of a military airport investigate and make a recommendation with respect to each of the matters enumerated in subsection (b) of this Code section, in addition to any other duties with which the planning department or agency is charged by the local government. The planning department or other agency shall request from the commander of such military base, military installation, or military airport a written recommendation and supporting facts relating to the use of the land being considered in the proposed zoning decision at least 30 days prior to the hearing required by subsection (a) of Code Section 36-66-4. If the base commander does not submit a response to such request by the date of the public hearing, there shall be a presumption that the proposed zoning decision will not have any adverse effect relative to the matters specified in subsection (b) of this Code section. Any such information provided shall become a part of the public record.

582______GENERAL ACTS AND RESOLUTIONS, VOL. I_________
(b) The matters with which the planning department or agency shall be required to make such investigation and recommendation shall be:
(1) Whether the zoning proposal will permit a use that is suitable in view of the use of adjacent or nearby property within 3,000 feet of a military base, military installation, or military airport; (2) Whether the zoning proposal will adversely affect the existing use or usability of nearby property within 3,000 feet of a military base, military installation, or military airport; (3) Whether the property to be affected by the zoning proposal has a reasonable economic use as currently zoned; (4) Whether the zoning proposal will result in a use which will or could cause a safety concern with respect to excessive or burdensome use of existing streets, transportation facilities, utilities, or schools due to the use of nearby property as a military base, military installation, or military airport; (5) If the local government has an adopted land use plan, whether the zoning proposal is in conformity with the policy and intent of the land use plan; and (6) Whether there are other existing or changing conditions affecting the use of the nearby property as a military base, military installation, or military airport which give supporting grounds for either approval or disapproval of the zoning proposal."
SECTION 2. Said title is further amended by striking in its entirety Chapter 74, the "Local Government Code Enforcement Boards Act," and inserting in lieu thereof the following:
"CHAPTER 74 ARTICLE 1
36-74-1. This chapter shall be known and may be cited as the "Local Government Code Enforcement Boards Act" and is enacted to provide assistance to inferior courts with jurisdiction over county or municipal ordinances.
36-74-2. It is the intent of this chapter to promote, protect, and improve the health, safety, and welfare of the citizens of the counties and municipalities of this state by authorizing the creation of administrative boards with authority to impose administrative fines and other noncriminal penalties to provide an equitable, expeditious, effective, and inexpensive method of enforcing any codes and ordinances in force in counties and municipalities, where a pending or repeated violation continues to exist.

____________GEORGIA LAWS 2003 SESSION__________583
36-74-3.
(a) Each county or municipality may, at its option, create or abolish by ordinance local government code enforcement boards as provided in this chapter. (b) A county or a municipality may, by ordinance, adopt an alternate code enforcement system which gives code enforcement boards the authority to hold hearings and assess fines against violators of the respective county or municipal codes and ordinances.
ARTICLE 2
36-74-20. The provisions of this article shall apply to enforcement boards created on or after Jan. 1,2003.
36-74-21. As used in this article, the term:
(1) 'Code inspector' means any authorized agent or employee of the county or municipality whose duty it is to assure code compliance. (2) 'County or municipal codes and ordinances' means zoning ordinances and resolutions, ordinances and resolutions enacting subdivision regulations, environmental ordinances and resolutions, state minimum standard codes provided for in Code Section 8-2-25, ordinances and resolutions enacted pursuant to Code Section 8-2-25, other ordinances and resolutions regulating the development of real property, and ordinances and regulations providing for control of litter and debris, control of junked or abandoned vehicles, and control of overgrown vegetation. Notwithstanding the above, the term 'county and municipal codes and ordinances' shall not include:
(A) Those codes and ordinances requiring a permit, unless the alleged violator has failed to secure all necessary valid permits under said codes and ordinances; or (B) Any local amendments to the state minimum standard codes provided for in Code Section 8-2-25 that have not been adopted in conformity with the requirements of subsection (c) of Code Section 8-2-25. (3) 'Enforcement board' means a local government code enforcement board. (4) 'Local governing body' means the governing authority of the county or municipality, however designated. (5) 'Local governing body attorney' means the legal counselor for the county or municipality. (6) 'Violation involving the health or safety of a third party' means a violation that creates a legitimate concern for the health and safety of a third-party occupant of a dwelling place or that creates an immediate and substantial danger to the environment.

584______GENERAL ACTS AND RESOLUTIONS, VOL. I_______
36-74-22. (a) The local governing body may appoint one or more code enforcement boards and legal counsel for the enforcement boards. The local governing body may appoint code enforcement boards consisting of three, five, or seven members. The local governing body may appoint up to two alternate members for each code enforcement board to serve on the board in the absence of board members. (b) Members of the enforcement boards shall be residents of the municipality, in the case of municipal enforcement boards, or residents of the county, in the case of county enforcement boards. In making appointments to an enforcement board, the local governing body shall make good faith efforts to appoint one or more individuals who have experience or expertise relevant to one or more of the county or municipal codes that are within the subject matter jurisdiction of the respective enforcement board, including individuals with property management and litter control experience; provided, however, that the authority and jurisdiction of an enforcement board shall not in any way be limited due to the absence from its membership of one or more individuals with such experience or expertise.
(c)(l) The initial appointments to a seven-member code enforcement board shall be as follows:
(A) Three members appointed for a term of two years each; and (B) Four members appointed for a term of four years each. (2) The initial appointments to a five-member code enforcement board shall be as follows: (A) Two members appointed for a term of two years each; and (B) Three members appointed for a term of four years each. (3) The initial appointments to a three-member code enforcement board shall be as follows: (A) One member appointed for a term of two years; and (B) Two members appointed for a term of four years each. (4) Upon the expiration of the initial terms specified in paragraphs (1), (2), and (3) of this subsection all terms shall be for three years. (5) The local governing body of a county or a municipality may reduce a seven-member code enforcement board to five members, or a five-member code enforcement board to three members, upon the simultaneous expiration of the terms of office of two members of the board. (6) A member may be reappointed upon approval of the local governing body. (7) An appointment to fill any vacancy on an enforcement board shall be for the remainder of the unexpired term of office. If any member fails to attend two of three successive meetings without cause and without prior approval of the chairperson, the enforcement board shall declare the member's office vacant, and the local governing body shall promptly fill such vacancy. (8) The members shall serve in accordance with ordinances of the local governing body and may be suspended and removed for cause as provided in such ordinances for removal of members of boards. A local governing body

_____________GEORGIA LAWS 2003 SESSION___________585
may, with or without cause, refuse to reappoint any member of an enforcement board at the expiration of his or her term of office. (d) The members of an enforcement board shall elect a chairperson, who shall be a voting member, from among the members of the board. The presence of four or more members shall constitute a quorum of any seven-member enforcement board, the presence of three or more members shall constitute a quorum of any five-member enforcement board, and the presence of two or more members shall constitute a quorum of any three-member enforcement board. Members shall serve without compensation but may be reimbursed for such travel, mileage, and per diem expenses as may be authorized by the local governing body or as otherwise provided by law. (e) The local governing body attorney shall either be counsel to an enforcement board or shall represent the municipality or county by presenting cases before the enforcement board but in no case shall the local governing body attorney serve in both capacities.
36-74-23. (a) It shall be the duty of the code inspector to initiate enforcement proceedings pursuant to the various codes; however, no member of a board shall have the power to initiate such enforcement proceedings. (b) Except as provided in subsections (c) and (d) of this Code section, if a violation of any code or ordinance is found, the code inspector shall notify the violator and give him or her a reasonable time to correct the violation. Should the violation continue beyond the time specified for correction, the code inspector shall proceed with enforcement through the appropriate court or shall proceed with enforcement through the appropriate code enforcement board. If the code inspector proceeds through a code enforcement board, the code inspector shall notify an enforcement board and request a hearing. The code enforcement board shall schedule a hearing, and written notice of such hearing shall be hand delivered or made as provided in Code Section 36-74-29 to said violator. At the option of the code enforcement board, notice may additionally be served by publication or posting as provided in Code Section 36-74-29. If the violation is corrected and then recurs or if the violation is not corrected by the time specified for correction by the code inspector, the case may be presented to the enforcement board even if the violation has been corrected prior to the board hearing, and the notice shall so state. (c) If a repeat violation is found, the code inspector shall notify the violator but is not required to give the violator a reasonable time to correct the violation. The code inspector, upon notifying the violator of a repeat violation, shall notify an enforcement board and request a hearing. The code enforcement board shall schedule a hearing and shall provide written notice pursuant to Code Section 36-74-29. The case may be presented to the enforcement board even if the repeat violation has been corrected prior to the board hearing, and the notice shall so state.

586______GENERAL ACTS AND RESOLUTIONS, VOL. I_______
(d) If the code inspector has substantial reason to believe a violation presents a serious threat to the public health, safety, and welfare or if the violation is irreparable or irreversible in nature, the code inspector shall make a reasonable effort to notify the violator and may immediately notify the enforcement board and request a hearing.
36-74-24. (a) Upon request of the code inspector, or at such other times as may be necessary, the chairperson of an enforcement board may call a hearing of an enforcement board; a hearing also may be called by written notice signed by at least three members of a seven-member enforcement board or signed by at least two members of a five-member enforcement board. Minutes shall be kept of all hearings by each enforcement board, and all hearings and proceedings shall be open to the public. The local governing body may provide or assign clerical and administrative personnel to assist the enforcement board in the proper performance of its duties. (b) Each case before an enforcement board shall be presented by the local governing body attorney or by a code inspector or other member of the administrative staff of the local governing body. (c) An enforcement board shall proceed to hear the cases on the agenda for that day. All testimony shall be under oath and shall be recorded. The enforcement board shall take testimony from the code inspector and alleged violator. Formal rules of evidence shall not apply, but fundamental due process shall be observed and shall govern the proceedings. (d) At the conclusion of the hearing, the enforcement board shall issue findings of fact, based on evidence of record and conclusions of law, and shall issue an order affording the proper relief consistent with powers granted in this article. The findings and conclusions shall be by motion approved by a majority of those members present and voting, except that at least four members of a seven-member enforcement board, three members of a five-member enforcement board, or two members of a three-member enforcement board must vote in order for the action to be official. The order may include a notice that it must be complied with by a specified date and that a fine may be imposed if the order is not complied with by said date. A certified copy of such order may be recorded in the public records of the county and shall constitute notice to any subsequent purchasers, successors in interest, or assigns if the violation concerns real property, and the findings therein shall be binding upon the violator and, if the violation concerns real property, any subsequent purchasers, successors in interest, or assigns. If an order is recorded in the public records pursuant to this subsection and the order is complied with by the date specified in the order, the enforcement board shall issue an order acknowledging compliance that shall be recorded in the public records. A hearing is not required to issue such an order acknowledging compliance.

____________GEORGIA LAWS 2003 SESSION___________587
36-74-25. Each enforcement board shall have the power to:
(1) Adopt rules for the conduct of its hearings, which rules shall, at a minimum, ensure that each side has an equal opportunity to present evidence and argument in support of its case; (2) Subpoena alleged violators and witnesses to its hearings, with the approval of the court with jurisdiction over a criminal violator of the county or municipal code or ordinance. Subpoenas may be served by the sheriff, marshal, or police department of the county or by the police department of the municipality or by any other individual authorized by Code Section 24-10-23 to serve subpoenas; (3) Subpoena evidence to its hearings in the same way as provided in paragraph (2) of this Code section, with the approval of the court with jurisdiction over a criminal violator of the county or municipal code or ordinance; (4) Take testimony under oath; and (5) Issue orders having the force of law to command whatever steps are necessary to bring a violation into compliance.
36-74-26. (a) An enforcement board, upon notification by the code inspector that an order of the enforcement board has not been complied with by the set time may order the violator to pay an administrative fine in an amount specified in this Code section.
(b)(l) An administrative fine imposed pursuant to this Code section for a violation involving the health or safety of a third party shall not exceed $1,000.00 per day. (2) An administrative fine imposed pursuant to this Code section for a violation that is not a violation involving the health or safety of a third party shall not exceed a total of $1,000.00. (3) In determining the amount of the fine, if any, the enforcement board shall consider the following factors:
(A) The gravity of the violation; (B) Any actions taken by the violator to correct the violation; and (C) Any previous violations committed by the violator. (4) An enforcement board may reduce a fine imposed pursuant to this Code section. (c) A certified copy of an order imposing an administrative fine may be recorded in the public records of any county and thereafter shall constitute a lien against the land on which the violation exists and upon any real or personal property owned by the violator. Upon petition to the superior court, such order may be enforced in the same manner as a court judgment by the sheriffs of this state, including levy against the personal property, but such order shall not be deemed to be a court judgment except for enforcement purposes. After three months from

588______GENERAL ACTS AND RESOLUTIONS, VOL. I______
the filing of any such lien which remains unpaid, the enforcement board may request the local governing body attorney to foreclose on the lien, (d) If an environmental court is in existence with jurisdiction over ordinances subject to the jurisdiction of the enforcement board, the violator may object to the fine imposed and submit to the jurisdiction of the environmental court. The case shall be transferred to the environmental court and handled de novo as an ordinance violation.
36-74-27. No lien imposed under this article shall continue for a period longer than 20 years after the certified copy of an order imposing a fine has been recorded, unless within that time an action to foreclose on the lien is commenced in a court of competent jurisdiction. In an action to foreclose on a lien, the prevailing party is entitled to recover all costs, including a reasonable attorney's fee, that it incurs in the foreclosure. The continuation of the lien effected by the commencement of the action shall not be good against creditors or subsequent purchasers for valuable consideration without notice, unless a notice of lis pendens is recorded.
36-74-28. An aggrieved party, including the local governing body, may appeal a final administrative order of an enforcement board to the superior court. Such an appeal shall be a hearing de novo. An appeal shall be filed within 30 days of the execution of the order to be appealed.
36-74-29. (a) All notices required by this article shall be provided to the alleged violator by certified mail or statutory overnight delivery, return receipt requested; by hand delivery by the sheriff or other law enforcement officer, code inspector, or other person designated by the local governing body; or by leaving the notice at the violator's usual place of residence with any person residing therein who is above 15 years of age and informing such person of the contents of the notice. (b) In addition to providing notice as set forth in subsection (a) of this Code section, at the option of the code enforcement board, notice may also be served by publication or posting, as follows:
(1) Notice may be published once during each week for four consecutive weeks (four publications being sufficient) in the newspaper in which the sheriff's advertisements are printed in the county where the code enforcement board is located. Proof of publication shall be made by affidavit of a duly authorized representative of the newspaper; (2) If there is no newspaper of general circulation in the county where the code enforcement board is located, three copies of such notice shall be posted for at least 28 days in three different and conspicuous places in such county, one of which shall be at the front door of the courthouse in said county. Proof of posting shall be by affidavit of the person posting the notice, which affidavit

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shall include a copy of the notice posted and the date and places of its posting; or (3) Notice by publication or posting may run concurrently with, or may follow, an attempt or attempts to provide notice by hand delivery, mail, or statutory overnight delivery as required under subsection (a) of this Code section. Evidence that an attempt has been made to deliver notice by hand, mail, or statutory overnight delivery as provided in subsection (a) of this Code section, together with proof of publication or posting as provided in this subsection, shall be sufficient to show that the notice requirements of this Code section have been met, without regard to whether or not the alleged violator actually received such notice.
36-74-30. It is the intent of this article to provide an additional or supplemental means of obtaining compliance with local codes. Nothing contained in this article shall prohibit a local governing body through its code inspector from enforcing its codes by any other lawful means including criminal and civil proceedings; provided, however, that a local governing body shall not pursue a specific instance of an alleged violation of an ordinance against one violator before both a code enforcement board and a magistrate, municipal, or other court authorized to hear ordinance violations.
ARTICLE 3
36-74-40. The provisions of this article shall apply to enforcement boards created prior to January 1, 2003.
36-74-41. As used in this article, the term:
(1) 'Code inspector' means any authorized agent or employee of the county or municipality whose duty it is to assure code compliance. (2) 'County or municipal codes and ordinances' means zoning ordinances and resolutions, ordinances and resolutions enacting subdivision regulations, environmental ordinances and resolutions, state minimum standard codes provided for in Code Section 8-2-25, ordinances and resolutions enacted pursuant to Code Section 8-2-25, other ordinances and resolutions regulating the development of real property, and ordinances and regulations providing for control of litter and debris, control of junked or abandoned vehicles, and control of overgrown vegetation. Notwithstanding the above, the term 'county and municipal codes and ordinances' shall not include:
(A) Those codes and ordinances requiring a permit, unless the alleged violator has failed to secure all necessary valid permits under said codes and ordinances; or

590______GENERAL ACTS AND RESOLUTIONS, VOL. I_________
(B) Any local amendments to the state minimum standard codes provided for in Code Section 8-2-25 that have not been adopted in conformity with the requirements of subsection (c) of Code Section 8-2-25. (3) 'Enforcement board' means a local government code enforcement board. (4) 'Local governing body' means the governing authority of the county or municipality, however designated. (5) 'Local governing body attorney' means the legal counselor for the county or municipality. (6) 'Repeat violation' means any violation of county or municipal codes or ordinances by an owner or co-owner whom the enforcement board has previously found to be in violation of a code or ordinance within one year prior to such violation. (7) 'Violation involving the health or safety of a third party' means a violation that creates a legitimate concern for the health and safety of a third-party occupant of a dwelling place or that creates an immediate and substantial danger to the environment or members of the community at large, especially minor children.
36-74-42. (a) The local governing body may appoint one or more code enforcement boards and legal counsel for the enforcement boards. The local governing body may appoint code enforcement boards consisting of three, five, or seven members. The local governing body may appoint up to two alternate members for each code enforcement board to serve on the board in the absence of board members. (b) Members of the enforcement boards shall be residents of the municipality, in the case of municipal enforcement boards, or residents of the county, in the case of county enforcement boards. In making appointments to an enforcement board, the local governing body shall make good faith efforts to appoint one or more individuals who have experience or expertise relevant to one or more of the county or municipal codes that are within the subject matter jurisdiction of the respective enforcement board, including individuals with property management and litter control experience; provided, however, that the authority and jurisdiction of an enforcement board shall not in any way be limited due to the absence from its membership of one or more individuals with such experience or expertise.
(c)( 1) The initial appointments to a seven-member code enforcement board shall be as follows:
(A) Three members appointed for a term of two years each; and (B) Four members appointed for a term of four years each. (2) The initial appointments to a five-member code enforcement board shall be as follows: (A) Two members appointed for a term of two years each; and (B) Three members appointed for a term of four years each. (3) The initial appointments to a three-member code enforcement board shall be as follows:

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(A) One member appointed for a term of two years; and (B) Two members appointed for a term of four years each. (4) Upon the expiration of the initial terms specified in paragraphs (1), (2), and (3) of this subsection all terms shall be for three years. (5) The local governing body of a county or a municipality may reduce a seven-member code enforcement board to five members, or a five-member code enforcement board to three members, upon the simultaneous expiration of the terms of office of two members of the board. (6) A member may be reappointed upon approval of the local governing body. (7) An appointment to fill any vacancy on an enforcement board shall be for the remainder of the unexpired term of office. If any member fails to attend two of three successive meetings without cause and without prior approval of the chairperson, the enforcement board shall declare the member's office vacant, and the local governing body shall promptly fill such vacancy. (8) The members shall serve in accordance with ordinances of the local governing body and may be suspended and removed for cause as provided in such ordinances for removal of members of boards. A local governing body may, with or without cause, refuse to reappoint any member of an enforcement board at the expiration of his or her term of office. (d) The members of an enforcement board shall elect a chairperson, who shall be a voting member, from among the members of the board. The presence of four or more members shall constitute a quorum of any seven-member enforcement board, the presence of three or more members shall constitute a quorum of any five-member enforcement board, and the presence of two or more members shall constitute a quorum of any three-member enforcement board. Members shall serve without compensation but may be reimbursed for such travel, mileage, and per diem expenses as may be authorized by the local governing body or as otherwise provided by law. (e) The local governing body attorney shall either be counsel to an enforcement board or shall represent the municipality or county by presenting cases before the enforcement board but in no case shall the local governing body attorney serve in both capacities.
36-74-43. (a) It shall be the duty of the code inspector to initiate enforcement proceedings pursuant to the various codes; however, no member of a board shall have the power to initiate such enforcement proceedings. (b) Except as provided in subsections (c) and (d) of this Code section, if a violation of any code or ordinance is found, the code inspector shall notify the violator and give him or her a reasonable time to correct the violation. Should the violation continue beyond the time specified for correction, the code inspector shall proceed with enforcement through the appropriate court or shall proceed with enforcement through the appropriate code enforcement board. If the code inspector proceeds through a code enforcement board, the code inspector shall notify an enforcement board and request a hearing. The code enforcement board

592______GENERAL ACTS AND RESOLUTIONS, VOL. I________
shall schedule a hearing, and written notice of such hearing shall be hand delivered or made as provided in Code Section 36-74-49 to said violator. At the option of the code enforcement board, notice may additionally be served by publication or posting as provided in Code Section 36-74-49. If the violation is corrected and then recurs or if the violation is not corrected by the time specified for correction by the code inspector, the case may be presented to the enforcement board even if the violation has been corrected prior to the board hearing, and the notice shall so state. (c) If a repeat violation is found, the code inspector shall notify the violator but is not required to give the violator a reasonable time to correct the violation. The code inspector, upon notifying the violator of a repeat violation, shall notify an enforcement board and request a hearing. The code enforcement board shall schedule a hearing and shall provide written notice pursuant to Code Section 36-74-49. The case may be presented to the enforcement board even if the repeat violation has been corrected prior to the board hearing, and the notice shall so state. (d) If the code inspector has substantial reason to believe a violation presents a serious threat to the public health, safety, and welfare or if the violation is irreparable or irreversible in nature, the code inspector shall make a reasonable effort to notify the violator and may immediately notify the enforcement board and request a hearing.
36-74-44.
(a) Upon request of the code inspector, or at such other times as may be necessary, the chairperson of an enforcement board may call a hearing of an enforcement board; a hearing also may be called by written notice signed by at least three members of a seven-member enforcement board or signed by at least two members of a five-member enforcement board. Minutes shall be kept of all hearings by each enforcement board, and all hearings and proceedings shall be open to the public. The local governing body may provide or assign clerical and administrative personnel to assist the enforcement board in the proper performance of its duties. (b) Each case before an enforcement board shall be presented by the local governing body attorney or by a code inspector or other member of the administrative staff of the local governing body. (c) An enforcement board shall proceed to hear the cases on the agenda for that day. All testimony shall be under oath and shall be recorded. The enforcement board shall take testimony from the code inspector and alleged violator. Formal rules of evidence shall not apply, but fundamental due process shall be observed and shall govern the proceedings. (d) At the conclusion of the hearing, the enforcement board shall issue findings of fact, based on evidence of record and conclusions of law, and shall issue an order to comply or an order to pay an administrative fine consistent with powers granted in this article. The findings and conclusions and any order imposed shall be by motion approved by a majority of those members present and voting,

____________GEORGIA LAWS 2003 SESSION__________593
except that at least four members of a seven-member enforcement board, three members of a five-member enforcement board, or two members of a three-member enforcement board must vote in order for the action to be official. (e) An order to comply shall include notice that it must be complied with by a specified date and that an administrative fine may be imposed if the order is not complied with by such date. (f) An order to pay a fine shall specify the amount of the fine as determined and voted upon by the enforcement board, as well as the date and time the fine is due. A certified copy of such order may be recorded in the public records of the county and shall constitute notice to any subsequent purchaser, successor in interest, or assign if the violation concerns real property, and the findings therein shall be binding upon the violator and, if the violation concerns real property, and subsequent purchaser, successor in interest, or assign. If an order is recorded in the public records pursuant to this subsection and the fine is paid by the date and time specified in the order, the enforcement board shall issue an order acknowledging that the fine has been paid in full and such order shall be recorded in the public records. A hearing is not required to issue such an order acknowledging the payment of a fine. (g) The enforcement board may issue an order to pay a fine against the violator if the cited violation was not corrected within the time specified on the code inspector's notice or if an order to comply was not satisfied within the time specified in the order, even if said violation was corrected and brought into compliance prior to the hearing at which the fine is imposed.
36-74-45. Each enforcement board shall have the power to:
(1) Adopt rules for the conduct of its hearings, which rules shall, at a minimum, ensure that each side has an equal opportunity to present evidence and argument in support of its case; (2) Subpoena alleged violators and witnesses to its hearings, with the approval of the court with jurisdiction over a criminal violator of the county or municipal code or ordinance. Subpoenas may be served by the sheriff, marshal, or police department of the county or by the police department of the municipality or by any other individual authorized by Code Section 24-10-23 to serve subpoenas; (3) Subpoena evidence to its hearings in the same way as provided in paragraph (2) of this Code section, with the approval of the court with jurisdiction over a criminal violator of the county or municipal code or ordinance; (4) Take testimony under oath; and (5) Issue orders having the force of law to command whatever steps are necessary to bring a violation into compliance.

594______GENERAL ACTS AND RESOLUTIONS, VOL. I________
36-74-46.
(a)(l) An administrative fine imposed pursuant to this Code section for a violation involving the health or safety of a third party shall not exceed SI,000.00 per day. (2) An administrative fine imposed pursuant to this Code section for a violation that is not a violation involving the health or safety of a third party shall not exceed a total of $1,000.00. (3) In determining the amount of the fine, if any, the enforcement board shall consider the following factors:
(A) The gravity of the violation; (B) Any actions taken by the violator to correct the violation; and (C) Any previous violations committed by the violator. (4) An enforcement board may reduce a fine imposed pursuant to this Code section. (b) A certified copy of an order imposing an administrative fine may be recorded in the public records of any county and thereafter shall constitute a lien against the land on which the violation exists and upon any real or personal property owned by the violator. Upon petition to the superior court, such order may be enforced in the same manner as a court judgment by the sheriffs of this state, including levy against the personal property, but such order shall not be deemed to be a court judgment except for enforcement purposes. After three months from the filing of any such lien which remains unpaid, the enforcement board may request the local governing body attorney to foreclose on the lien.
36-74-47. No lien imposed under this article shall continue for a period longer than 20 years after the certified copy of an order imposing a fine has been recorded, unless within that time an action to foreclose on the lien is commenced in a court of competent jurisdiction. In an action to foreclose on a lien, the prevailing party is entitled to recover all costs, including a reasonable attorney's fee, that it incurs in the foreclosure. The continuation of the lien effected by the commencement of the action shall not be good against creditors or subsequent purchasers for valuable consideration without notice, unless a notice of lis pendens is recorded.
36-74-48. An aggrieved party, including the local governing body, may appeal a final administrative order of an enforcement board to the superior court of the county in which the subject property is located. Such an appeal shall be in the form of a writ of certiorari governed by Chapter 4 of Title 5 and shall be heard on the record. An appeal shall be filed within 30 days of the execution of the order to be appealed.
36-74-49. (a) All notices required by this article shall be provided to the alleged violator by certified mail or statutory overnight delivery, return receipt requested; by hand

_____________GEORGIA LAWS 2003 SESSION___________595
delivery by the sheriff or other law enforcement officer, code inspector, or other person designated by the local governing body; by leaving the notice at the violator's usual place of residence with any person residing therein who is over 15 years of age and informing such person of the contents of the notice; or by leaving the notice at the violator's usual place of business with a manager or other upper-level employee who is over 15 years of age and informing such person of the contents of the notice. (b) In addition to providing notice as set forth in subsection (a) of this Code section, at the option of the code enforcement board, notice may also be served by publication or posting, as follows:
(1) Notice may be published once during each week for four consecutive weeks (four publications being sufficient) in the newspaper in which the sheriffs advertisements are printed in the county where the code enforcement board is located. Proof of publication shall be made by affidavit of a duly authorized representative of the newspaper; (2) If there is no newspaper of general circulation in the county where the code enforcement board is located, three copies of such notice shall be posted for at least 28 days in three different and conspicuous places in such county, one of which shall be at the front door of the courthouse in said county. Proof of posting shall be by affidavit of the person posting the notice, which affidavit shall include a copy of the notice posted and the date and places of its posting; or (3) Notice by publication or posting may run concurrently with, or may follow, an attempt or attempts to provide notice by hand delivery, mail, or statutory overnight delivery as required under subsection (a) of this Code section. Evidence that an attempt has been made to deliver notice by hand, mail, or statutory overnight delivery as provided in subsection (a) of this Code section, together with proof of publication or posting as provided in this subsection, shall be sufficient to show that the notice requirements of this Code section have been met, without regard to whether or not the alleged violator actually received such notice.
36-74-50. It is the intent of this article to provide an additional or supplemental means of obtaining compliance with local codes. Nothing contained in this article shall prohibit a local governing body through its code inspector from enforcing its codes by any other lawful means including criminal and civil proceedings; provided, however, that a local governing body shall not pursue a specific instance of an alleged violation of an ordinance against one violator before both a code enforcement board and a magistrate, municipal, or other court authorized to hear ordinance violations."
SECTION 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

596_______GENERAL ACTS AND RESOLUTIONS, VOL. I
SECTION 4. All laws and parts of laws in conflict with this Act are repealed.
Approved June 3, 2003.
REVENUE - OCCUPATION TAXES AND REGULATORY FEES.
No. 244 (House Bill No. 93).
AN ACT
To amend Code Section 48-13-5 of the Official Code of Georgia Annotated, relating to definitions relative to occupation taxes and regulatory fees, so as to revise the definition of gross receipts to exclude interorganizational sales or transfers between or among certain parent corporations, their wholly owned subsidiaries, and certain corporations partially owned by such parents or subsidiaries; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAE ASSEMBLY OF GEORGIA:
SECTION 1. Code Section 48-13-5 of the Official Code of Georgia Annotated, relating to definitions relative to occupation taxes and regulatory fees, is amended by striking paragraph (2) and inserting in lieu thereof the following:
"(2)(A) 'Gross receipts' means total revenue of the business or practitioner for the period, including without being limited to the following:
(i) Total income without deduction for the cost of goods sold or expenses incurred; (ii) Gain from trading in stocks, bonds, capital assets, or instruments of indebtedness; (iii) Proceeds from commissions on the sale of property, goods, or services; (iv) Proceeds from fees charged for services rendered; and (v) Proceeds from rent, interest, royalty, or dividend income. (B) Gross receipts shall not include the following: (i) Sales, use, or excise taxes; (ii) Sales returns, allowances, and discounts; (iii) Interorganizational sales or transfers between or among the units of a parent-subsidiary controlled group of corporations, as defined by 26 U.S.C. Section 1563(a)(l), between or among the units of a brother-sister controlled group of corporations, as defined by 26 U.S.C. Section

_____________GEORGIA LAWS 2003 SESSION___________597
1563(a)(2), between or among a parent corporation, wholly owned subsidiaries of such parent corporation, and any corporation in which such parent corporation or one or more of its wholly owned subsidiaries owns stock possessing at least 30 percent of the total value of shares of all classes of stock of such partially owned corporation, or between or among wholly owned partnerships or other wholly owned entities; (iv) Payments made to a subcontractor or an independent agent for services which contributed to the gross receipts in issue; (v) Governmental and foundation grants, charitable contributions, or the interest income derived from such funds, received by a nonprofit organization which employs salaried practitioners otherwise covered by this chapter, if such funds constitute 80 percent or more of the organization's receipts; and (vi) Proceeds from sales of goods or services which are delivered to or received by customers who are outside the state at the time of delivery or receipt."
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 June 3, 2003.
MOTOR VEHICLES - TRAFFIC-CONTROL SIGNAL MONITORING DEVICES.
No. 246 (House Bill No. 182).
AN ACT
To amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, so as to provide for enforcement of certain uniform rules of the road by use of traffic-control signal monitoring devices; to change certain provisions relating to records of certificates of registration; to change certain provisions relating to obedience to traffic-control devices requirements, presumptions, and enforcement by traffic-control signal monitoring devices; to change certain provisions relating to use of traffic-control signal monitoring devices; to change certain provisions relating to reporting of traffic-control signal monitoring device use to elected officials; to repeal conflicting laws; and for other purposes.

598______GENERAL ACTS AND RESOLUTIONS, VOL. I_______
BE IT ENACTED BY THE GENERAE ASSEMBEY OF GEORGIA:
SECTION 1. Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, is amended in Code Section 40-2-130, relating to records of certificates of registration, by striking paragraph (1) of subsection (c) and inserting in lieu thereof the following:
"(1) Any law enforcement officer for official law enforcement investigations or for identifying the registrant of a motor vehicle for purposes of use of a traffic-control signal monitoring device pursuant to subsection (f) of Code Section 40-6-20, as certified by the commanding officer of the law enforcement agency making such request;"
SECTION 2. Said title is further amended by striking Code Section 40-6-20, relating to obedience to traffic-control devices requirements, presumptions, and enforcement by traffic-control signal monitoring devices, and inserting in lieu thereof the following:
"40-6-20.
(a) The driver of any vehicle shall obey the instructions of an official traffic-control device applicable thereto, placed in accordance with this chapter, unless otherwise directed by a police officer, subject to the exceptions granted the driver of an authorized emergency vehicle in this chapter. A violation of this subsection shall be a misdemeanor, except as otherwise provided by subsection (f) of this Code section. (b) No provisions of this chapter which require official traffic-control devices shall be enforced against an alleged violator if at the time and place of the alleged violation an official device was not in proper position and sufficiently legible to be seen by an ordinarily observant person. Whenever a particular Code section does not state that official traffic-control devices are required, such Code section shall be effective even though no devices are erected or in place. (c) Whenever official traffic-control devices are placed in position approximately conforming to the requirements of this chapter, such devices shall be presumed to have been so placed by the official act or direction of lawful authority, unless the contrary shall be established by competent evidence. (d) Any official traffic-control device placed pursuant to this chapter and purporting to conform to the lawful requirements pertaining to such devices shall be presumed to comply with the requirements of this chapter, unless the contrary shall be established by competent evidence. (e) The disregard or disobedience of the instructions of any official traffic-control device or signal placed in accordance with the provisions of this chapter by the driver of a vehicle shall be deemed prima-facie evidence of a violation of law, without requiring proof of who and by what authority such sign or device has been erected.

___________GEORGIA LAWS 2003 SESSION___________599
(f)(l) As used in this subsection, the term: (A) 'Owner' means the registrant of a motor vehicle, except that such term shall not include a motor vehicle rental company when a motor vehicle registered by such company is being operated by another person under a rental agreement with such company. (B) 'Recorded images' means images recorded by a traffic-control signal monitoring device: (i) On: (I) Two or more photographs; (II) Two or more microphotographs; (III) Two or more electronic images; or (IV) Videotape; and (ii) Showing a traffic-control signal displaying a CIRCULAR RED or RED ARROW signal along with the rear of a motor vehicle apparently operated in disregard or disobedience of such signal and, on at least one image or portion of tape, clearly revealing the number or other identifying designation of the license plate displayed on the motor vehicle. (C) Traffic-control signal monitoring device' means a device with one or more motor vehicle sensors working in conjunction with a traffic-control signal to produce recorded images of motor vehicles being operated in disregard or disobedience of a CIRCULAR RED or RED ARROW signal.
(2) Subsection (a) of this Code section may be enforced as provided in this subsection pursuant to the use of traffic-control signal monitoring devices in accordance with Article 3 of Chapter 14 of this title. (3) For the purpose of enforcement pursuant to this subsection:
(A) The driver of a motor vehicle shall be liable for a civil monetary penalty of not more than $70.00 if such vehicle is found, as evidenced by recorded images produced by a traffic-control signal monitoring device, to have been operated in disregard or disobedience of a CIRCULAR RED or RED ARROW signal in violation of subsection (a) of this Code section and such disregard or disobedience was not otherwise authorized by law; (B) The law enforcement agency for which such device is permitted shall send by first-class mail addressed to the owner of the motor vehicle postmarked not later than ten days after the date of the alleged violation:
(i) A citation for the violation, which shall include the date and time of the violation, the location of the intersection, the amount of the civil monetary penalty imposed, and the date by which the civil monetary penalty shall be paid; (ii) A copy of the recorded image; (iii) A copy of a certificate sworn to or affirmed by a trained lawenforcement officer or a technician employed by a law enforcement agency for which such device is authorized and stating that, based upon inspection of recorded images, the owner's motor vehicle was operated in disregard or disobedience of a CIRCULAR RED or RED ARROW signal

600______GENERAL ACTS AND RESOLUTIONS, VOL. I_________
in violation of subsection (a) of this Code section and that such disregard or disobedience was not otherwise authorized by law; (iv) A statement of the inference provided by subparagraph (D) of this paragraph and of the means specified therein by which such inference may be rebutted; (v) Information advising the owner of the motor vehicle of the manner and time in which liability as alleged in the citation may be contested in court; and (vi) Warning that failure to pay the civil monetary penalty or to contest liability in a timely manner shall waive any right to contest liability and result in a civil monetary penalty; provided, however, that only warning notices and not citations for violations shall be sent during the 30 day period commencing with the installation of a traffic-control signal monitoring device at such location; (C) Proof that a motor vehicle was operated in disregard or disobedience of a CIRCULAR RED or RED ARROW signal in violation of subsection (a) of this Code section shall be evidenced by recorded images produced by a traffic-control signal monitoring device authorized pursuant to Article 3 of Chapter 14 of this title. A copy of a certificate sworn to or affirmed by a trained law enforcement officer or a technician employed by a law enforcement agency for which such device is authorized and stating that, based upon inspection of recorded images, a motor vehicle was operated in disregard or disobedience of a CIRCUEAR RED or RED ARROW signal in violation of subsection (a) of this Code section and that such disregard or disobedience was not otherwise authorized by law shall be prima-facie evidence of the facts contained therein; and (D) Liability under this subsection shall be determined based upon preponderance of the evidence. Prima-facie evidence that the vehicle described in the citation issued pursuant to this subsection was operated in violation of subsection (a) of this Code section, together with proof that the defendant was at the time of such violation the registered owner of the vehicle, shall permit the trier of fact in its discretion to infer that such owner of the vehicle was the driver of the vehicle at the time of the alleged violation. Such an inference may be rebutted if the owner of the vehicle: (i) Testifies under oath in open court that he or she was not the operator of the vehicle at the time of the alleged violation; (ii) Presents to the court prior to the return date established on the citation a certified copy of a police report showing that the vehicle had been reported to the police as stolen prior to the time of the alleged violation; or (iii) Submits to the court prior to the return date established on the citation a sworn notarized statement identifying the name of the operator of the vehicle at the time of the alleged violation. (4) A violation for which a civil penalty is imposed pursuant to this subsection shall not be considered a moving traffic violation, for the purpose of points

_____________GEORGIA LAWS 2003 SESSION___________601
assessment under Code Section 40-5-57. Such violation shall be deemed noncriminal, and imposition of a civil penalty pursuant to this subsection shall not be deemed a conviction and shall not be made a part of the operating record of the person upon whom such liability is imposed, nor shall it be used for any insurance purposes in the provision of motor vehicle insurance coverage. (5) If a person summoned by first-class mail fails to appear on the date of return set out in the citation and has not paid the penalty for the violation or filed a police report or affidavit pursuant to division (3)(D)(ii) or (3)(D)(iii) of this subsection, the person summoned shall have waived the right to contest the violation and shall be liable for a civil monetary penalty of not more than $70.00. (6) Any court having jurisdiction over violations of subsection (a) of this Code section or any ordinance adopting the provisions of said subsection pursuant to Code Section 40-6-372 shall have jurisdiction over cases arising under this subsection and shall be authorized to impose the civil monetary penalty provided by this subsection. Except as otherwise provided in this subsection, the provisions of law governing jurisdiction, procedure, defenses, adjudication, appeal, and payment and distribution of penalties otherwise applicable to violations of subsection (a) of this Code section shall apply to enforcement under this subsection; provided, however, that any appeal from superior or state court shall be by application in the same manner as that provided by Code Section 5-6-35. (7) Recorded images made for purposes of this subsection shall not be a public record for purposes of Article 4 of Chapter 18 of Title 50. (8) The provisions of this subsection shall not limit law enforcement agencies to the use of traffic-control signal monitoring devices in enforcing subsection (a) of this Code section; and, when there is evidence obtained from another source or sources which constitutes a prima-facie case of a violation of subsection (a) of this Code section, such violation may be prosecuted as otherwise provided by law in lieu of, but not in addition to, enforcement under this subsection."
SECTION 3. Said title is further amended by striking subsection (c) of Code Section 40-14-21, relating to use of traffic-control signal monitoring devices, and inserting in lieu thereof the following:
"(c) If a county or municipality elects to use traffic-control signal monitoring devices, no portion of any civil monetary penalty collected through the use of such devices may be paid to the manufacturer or vendor of the traffic-control signal monitoring devices. The compensation paid by the county or municipality for such devices shall be based on the value of such equipment and shall not be based on the number of citations issued or the revenue generated by such devices."

602______GENERAL ACTS AND RESOLUTIONS, VOL. I_______
SECTION 4. Said title is further amended by striking Code Section 40-14-24, relating to reporting of traffic-control signal monitoring device use to elected officials, and inserting in lieu thereof the following:
"40-14-24. Each county or municipality using any traffic-control signal monitoring device shall submit not later than February 1 of each year a report on such use during the preceding calendar year to the Governor, the Lieutenant Governor, and the Speaker of the House of Representatives. Such report shall include, without limitation:
(1) A description of the locations where traffic-control signal monitoring devices were used; (2) The number of violations recorded at each location and in the aggregate on a monthly basis; (3) The total number of citations issued; (4) The number of civil monetary penalties and total amount of such penalties paid after citation without contest; (5) The number of violations adjudicated and results of such adjudications, including a breakdown of dispositions made; (6) The total amount of civil monetary penalties paid; and (7) The quality of the adjudication process and its results."
SECTION 5. All laws and pans of laws in conflict with this Act are repealed.
Approved June 3, 2003.
STATE GOVERNMENT - PUBLIC RECORDS DISCLOSURE EXCEPTION; 911.
No. 247 (House Bill No. 246).
AN ACT
To amend Code Section 50-18-72 of the Official Code of Georgia Annotated, relating to exceptions from the requirements of disclosure of public records, so as to change certain provisions relating to exceptions from the requirements of disclosure of public records; to provide an exception to public disclosure requirements with respect to public records of an emergency "911" system containing information which would reveal the name, address, or telephone number of a person placing a call to a public safety answering point, which information may be redacted from such records in certain cases; to provide an effective date; to repeal conflicting laws; and for other purposes.

____________GEORGIA LAWS 2003 SESSION__________603
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Code Section 50-18-72, relating to exceptions from the requirements of disclosure of public records, is amended by striking "or" at the end of paragraph (13.1) of subsection (a), striking the period at the end of paragraph (14) of subsection (a) and inserting "; or" in lieu thereof, and adding a new paragraph (15) of subsection (a) to read as follows:
"(15) Unless the request is made by the accused in a criminal case or by his or her attorney, public records of an emergency '911' system, as defined in paragraph (3) of Code Section 46-5-122, containing information which would reveal the name, address, or telephone number of a person placing a call to a public safety answering point, which information may be redacted from such records if necessary to prevent the disclosure of the identity of a confidential source, to prevent disclosure of material which would endanger the life or physical safety of any person or persons, or to prevent the disclosure of the existence of a confidential surveillance or investigation."
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 June 3, 2003.
RETIREMENT AND PENSIONS PEACE OFFICERS; DUES.
No. 248 (House Bill No. 268).
AN ACT
To amend Article 3 of Chapter 17 of Title 47 of the Official Code of Georgia Annotated, relating to membership in and contributions to the Peace Officers' Annuity and Benefit Fund, so as to increase the amount of dues paid by members of such fund; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

604______GENERAL ACTS AND RESOLUTIONS, VOL. I_______
SECTION 1. Article 3 of Chapter 17 of Title 47 of the Official Code of Georgia Annotated, relating to membership in and contributions to the Peace Officers' Annuity and Benefit Fund, is amended by striking in its entirety Code Section 47-17-44, relating to the amount of dues, deadline and minimum period for payments, dues required for credit for service after March 1,1951, and dues required for prior service credit, and inserting in lieu thereof the following:
"47-17-44.
(a) Each member shall pay into the fund as dues the sum of $20.00 per month. Each month's dues shall be paid not later than the tenth day of that month. Each member shall be required to pay such dues for a minimum period of ten years before being eligible to receive the retirement benefits under this chapter, provided that, if such member is eligible to retire under this chapter and so desires, such member may retire, and the board shall deduct such monthly amount from his or her retirement benefits until he or she has paid dues into the fund for a period often years. (b) No member shall receive credit for any service performed after March 1, 1951, unless such member has paid into the fund the amount required for such service. Upon application of any peace officer who applies for membership and who owes dues for service since March 1,1951, the board may allow and provide for periodic payments of such dues over a period of not more than 36 months immediately subsequent to the date of his or her acceptance as a member. (c) Except as provided in subsection (d) of this Code section, any member of the fund who has not obtained creditable service for prior service pursuant to the provisions of subsection (a) of Code Section 47-17-70 may obtain such service by tendering to the board an amount equal to the dues at the rate of $20.00 per month plus 10 percent interest per annum compounded annually from the date the prior service was rendered to the date of payment for all years claimed as prior service; provided, however, that no member shall be allowed to purchase more than a total of five years of such creditable service; provided, further, however, that any member who becomes or again becomes a member of the fund on or after July 1, 1994, must have been an active member of the fund for five years or more to obtain the prior service credit provided for in this subsection. (d) Any member of the fund who qualifies for membership under the definition contained in subparagraph (J) of paragraph (5) of Code Section 47-17-1 who has not obtained creditable service for prior service pursuant to the provisions of subsection (a) of Code Section 47-17-70 may obtain such service by tendering to the board an amount equal to the dues at the rate of $20.00 per month plus 10 percent interest per annum compounded annually from the date the prior service was rendered to the date of payment for all years claimed as prior service."
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.
Approved June 3, 2003.

_____________GEORGIA LAWS 2003 SESSION___________605
STATE GOVERNMENT - ADMINISTRATIVE SERVICES; COMPETITIVE BIDDING.
No. 249 (House Bill No. 291).
AN ACT
To amend Code Section 50-5-67 of the Official Code of Georgia Annotated, relating to competitive bidding procedures with respect to the Department of Administrative Services, so as to provide that certain powers of the commissioner of administrative services shall not terminate; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Code Section 50-5-67 of the Official Code of Georgia Annotated, relating to competitive bidding procedures with respect to the Department of Administrative Services, is amended by striking subsection (f) and inserting in its place a new subsection (f) to read as follows:
"(f) Notwithstanding any other provision of this article, the commissioner of administrative services is authorized to promulgate rules and regulations to govern auctions conducted by state agencies in which vendors' prices are made public during the bidding process to enable the state agency or agencies to seek a lower price. This auction bidding process will continue until the lowest price is obtained within the auction's time limit. This auction bidding process shall not be used to procure construction services or for any contract for goods or services valued at less than $100,000.00."
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 June 3, 2003.

606______GENERAL ACTS AND RESOLUTIONS, VOL. I_________
MILITARY - STATE DEFENSE FORCE; USE OF STATE PROPERTY.
No. 250 (House Bill No. 303).
AN ACT
To amend Part 3 of Article 1 of Chapter 2 of Title 38 of the Official Code of Georgia Annotated, relating to the state defense force, so as to provide that the state defense force is authorized to use certain state property; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Part 3 of Article 1 of Chapter 2 of Title 38 of the Official Code of Georgia Annotated, relating to the state defense force, is amended by inserting at the end thereof the following:
"38-2-55. Serving members of the State Defense Force are authorized to use and operate state property of the Georgia Department of Defense and other state agencies, including without limitation vehicles, as may be necessary for the accomplishment of training and fulfillment of assigned missions; provided, however, that the use of such property shall not be allowed if such use will interfere with the function and training of the National Guard or any state agency."
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 June, 2003.

_____________GEORGIA LAWS 2003 SESSION___________607
CONSERVATION - WATER WELLS.
No. 251 (House Bill No. 304).
AN ACT
To amend Part 3 of Article 3 of Chapter 5 of Title 12 of the Official Code of Georgia Annotated, relating to water well standards, so as to change certain provisions relating to definitions; to change certain provisions relating to powers and duties of the State Water Well Standards Advisory Council; to change certain provisions relating to licensing of water well contractors generally, applications for trainee licenses, and related violations; to change certain provisions relating to suspension and revocation of licenses, hearings, reissuance of revoked licenses, injunctions, cessation of well operations, and seizure of equipment; to change certain provisions relating to expiration and renewal of licenses and replacement of lost, destroyed, or mutilated licenses; to change certain provisions relating to standards for wells and boreholes; to change certain provisions relating to requirement of bond or letter of credit; to change certain provisions relating to authorization for the Board of Natural Resources to establish rules and regulations for pump installation certification and fees; to provide for standards for pump installations; to provide penalties for violations; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Part 3 of Article 3 of Chapter 5 of Title 12 of the Official Code of Georgia Annotated, relating to water well standards, is amended by striking paragraphs (13) and (32) of Code Section 12-5-122, relating to definitions, and inserting in lieu thereof the following:
"(13) 'Driller' means any person who engages in drilling or drilling operations and the installation of pumps and pumping equipment. Driller shall not include a person who only installs, services, and repairs pumps and pumping equipment." "(32) 'Water well contractor' means any person engaging in the business of constructing water wells and installing pumps and pumping equipment. Water well contractor shall not include a person who only installs, services, and repairs pumps and pumping equipment."
SECTION 2. Said part is further amended in Code Section 12-5-122, relating to definitions, by inserting a new paragraph to read as follows:
"(27.1) 'Pump contractor' means any person who engages in the business of installing, servicing, or repairing pumps and pumping equipment for water wells but who is not a driller or water well contractor."

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SECTION 3. Said part is further amended by striking Code Section 12-5-124, relating to powers and duties of the State Water Well Standards Advisory Council, and inserting in lieu thereof the following:
"12-5-124.
In carrying out this part, the council shall have the following powers and duties: (1) To adopt and amend rules and regulations which may be reasonably necessary to govern the licensing of water well contractors and the regulation of proceedings before the council and to carry out such other powers and duties assigned to the council under this part. The council and all of its rules, regulations, and procedures are subject to and shall comply with the provisions of Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act'; (2) To pay into the state treasury all fees and moneys received by it; (3) To adopt and have an official seal; (4) To set the amount of all fees required by this part; (5) To license water well contractors and certify pump contractors; (6) To review the effect and practicality of standards set up in this part and recommend to the General Assembly adjustments and changes to achieve the purposes of this part; (7) To review and recommend to the General Assembly any legislation which would improve the quality of relations between the water well drilling industry and the public; and (8) To conduct hearings and institute and prosecute court actions as may be necessary to enforce compliance with any provisions of this part and any rules and regulations promulgated pursuant to this part that relate to water wells."
SECTION 4. Said part is further amended by striking Code Section 12-5-127, relating to licensing of water well contractors generally, applications for trainee licenses, and related violations, and inserting in lieu thereof the following:
"12-5-127.
(a) Any person desiring to engage in the business of water well construction in this state shall apply to the council for a license as a water well contractor. All such applications shall be made on forms provided by the division and shall be accompanied by a fee to be prescribed by the council but not exceeding $400.00 per license period. (b) An applicant for a license as a water well contractor shall be required to have two years' experience working in the water well construction business under a licensed water well contractor and shall be required to pass an examination administered by the council. The examination may be written, oral, or practical work, or any combination of the three. The examination shall relate to the applicant's knowledge of basic ground water, basic well construction, and the general contents of this part. (c) Satisfactory proof of two years' experience in the water well construction business shall be made by presenting certified affidavits from one or more

_____________GEORGIA LAWS 2003 SESSION___________609
licensed water well contractors that the applicant has had at least two years of full-time water well construction experience. If the required experience was obtained under two or more licensed water well contractors, then a certified affidavit specifying exact dates of such experience shall be required from each licensed contractor. In lieu of the method described above, an applicant may present other proof satisfactory to the council of two years' experience constructing water wells. The council may require the applicant and the water well contractors who swear to such affidavits to appear before the council to discuss the applicant's qualifications.
(d)(l) Any person wishing to engage in the water well construction business shall designate himself or herself or at least one partner, officer, or full-time employee to fulfill the above requirements. If the requirements are satisfactorily fulfilled, the person shall be granted a license under this part, and such license shall cover water well construction activities for which the person is responsible and so licensed. The partners, officers, and employees of the person shall be allowed to engage in the activities covered by the license if the individual who fulfilled the licensing requirements has performed or approved such activities and such approval is posted at the site of the activity on forms to be provided by the council for that purpose. Any such license shall be valid so long as the designated partner, officer, or full-time employee is associated with the licensee or until it otherwise expires. (2) The provisions of paragraph (1) of this subsection notwithstanding, the water well construction activities of the partners, officers, and employees of the individual who fulfilled the licensing requirements shall continue to be authorized under a license which was valid at the time of the licensee's death for a period of 180 days following the date of such death. (e) The council, upon application, may issue an appropriate license to any person who holds a similar license in any state, territory, or possession of the United States, if the requirements for the license do not conflict with this part and are of a standard not less than that specified by this part and by rules and regulations promulgated under this part; provided, however, that such other state, territory, or possession grants similar reciprocity to license holders in this state. (f) Nothing in this Code section shall be construed to require the registration of a person who constructs a well on his or her own or leased property intended for use only in a single-family house which is his or her permanent residence or intended for use only for farming purposes on his or her farm, which well produces less than 25,000 gallons per day, so long as the waters to be produced are not intended for use by the public or in any residence other than his or her own. (g) The State of Georgia preempts the field of licensing water well contractors. Licenses issued by the council shall authorize bona fide holders thereof to engage in the business authorized by such licenses anywhere within the territorial limits of the state. No provision of this part shall be construed as prohibiting or preventing a municipality or county from fixing, charging, assessing, or collecting any business license fee, registration fee, tax, or gross receipt tax on

610______GENERAL ACTS AND RESOLUTIONS, VOL. I________
any profession covered by this part or upon any related profession or anyone engaged in any related profession governed by this part.
(h)( 1) The council shall be authorized to require persons seeking renewal of licenses under this Code section to complete continuing education of not more than four hours annually. The council may provide courses and shall approve such courses offered by the division, institutions of higher learning, technical colleges, and trade, technical, or professional organizations; provided, however, that continuing education courses or programs related to water well construction or standards provided or conducted by public utilities, equipment manufacturers, or institutions under the State Board of Technical and Adult Education shall constitute acceptable continuing professional education programs for the purposes of this subsection. Continuing education courses or programs shall be in the areas of safety, environmental protection, ground-water geology, technological advances, business management, or government regulation. Continuing education courses shall be designed for water well contractors having variable educational backgrounds. Courses or programs conducted by manufacturers specifically to promote their products shall not be approved. (2) All provisions of this subsection relating to continuing professional education shall be administered by the council. (3) The council shall be authorized to waive the continuing education requirements in cases of hardship, disability, or illness or under such other circumstances as the council deems appropriate. (i) No license shall be granted unless the council specifically authorizes the granting of such license. Staff members of the council may not issue licenses without the specific authorization of the council. (j) Any person who violates the provisions of this Code section with regard to licensing shall not be eligible to apply for or receive a license under this Code section for a period of two years after being convicted of such violation."
SECTION 5. Said part is further amended by striking subsection (a) of Code Section 12-5-129, relating to suspension and revocation of licenses, hearings, reissuance of revoked licenses, injunctions, cessation of well operations, and seizure of equipment, and inserting in lieu thereof the following:
"(a) The council may suspend or revoke a license upon a finding of one or more of the following grounds:
(1) Material misstatement in the application for license; (2) Willful disregard or violation of Code Section 12-5-133 or any law of the State of Georgia relating to wells, including any violation of standards or rules adopted pursuant to this part; (3) Willfully aiding or abetting another in the violation of Code Section 12-5-133 or any law of the State of Georgia relating to wells; (4) Incompetency in the performance of the work of a water well contractor;

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(5) Making substantial misrepresentations or false promises in connection with the occupation of a water well contractor; (6) Failure to provide and maintain on file at all times with the director a performance bond or irrevocable letter of credit as required by Code Section 12-5-135; and (7) Allowing an unlicensed driller to use or to work under such licensee's license in any way. However, this paragraph shall not apply to any employee of a licensed driller who receives only a salary or hourly wage or a bona fide business partner."
SECTION 6. Said part is further amended by striking Code Section 12-5-130, relating to expiration and renewal of licenses and replacement of lost, destroyed, or mutilated licenses, and inserting in lieu thereof the following:
"12-5-130.
All licenses expire biennially. All applications for renewal shall be filed with the division prior to the expiration date, accompanied by a renewal fee not exceeding $400.00 per renewal period as prescribed by the division. A license which has expired for failure to renew may be restored only after application and payment of the prescribed restoration fee. A new license to replace any license lost, destroyed, or mutilated may be issued, subject to the rules of the council and payment of a fee set by the council."
SECTION 7. Said part is further amended by striking subparagraph (1)(L) of Code Section 12-5-134, relating to standards for wells and boreholes, and inserting in lieu thereof the following:
"(L) The drilling contractor shall maintain in his or her office and shall furnish the owner a copy of the well construction data within 30 days of the well completion. The data shall include: name of the owner of the well, location of the well, size of pump installed if pump is installed by the drilling contractor, total depth of well, borehole diameter, casing depth, size and type of casing material, grouting information, static water level, pumping water level and yield if test pumped, confirmation of well disinfection and description of method used for disinfection, dates of well construction, name and address and state certificate number of pump installer if the contractor does not install the pump, name and address of contractor, and water well contractor's license number. Any estimate of gallons per minute of water that the well is expected to produce shall not be considered under any circumstances to be a guarantee of the quantity of the water produced by the well. The failure of any water well contractor to provide any of such written information shall subject such contractor to any applicable penalty by the council;"

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SECTION 8. Said part is further amended by striking subsection (i) of Code Section 12-5-135, relating to requirement of bond or letter of credit, and inserting in lieu thereof the following:
"(i) No bond or irrevocable letter of credit provided for in this Code section shall be accepted by the director from any water well contractor or driller who shall drill any well or borehole for the purpose of injecting any surface water into the floridan aquifer in any county governed by the Georgia coastal zone management program provided by Code Section 12-5-327 after the effective date of this subsection and before December 31, 2009."
SECTION 9. Said part is further amended by striking Code Section 12-5-138, relating to authorization for the Board of Natural Resources to establish rules and regulations for pump installation certification and fees, and inserting in lieu thereof the following:
"12-5-138.
(a)(l)(A) The council is authorized and directed to establish rules and regulations to provide for the certification of pump contractors who install, service, and repair pumps on or in water wells regulated under the provisions of this part and to provide standards for installation of such pumps in order to protect public health and safety. The council shall provide for classes of certificates which distinguish the levels of competencies of certificants to perform various tasks associated with such services. The council is authorized to establish fees and the director is authorized to charge such fees for such certification and the annual renewal thereof; provided, however, that the fee for the pump contractor shall not exceed the fee for the licensed water well contractor. The director may require any person to meet certain qualifications in order to be eligible for certification as a pump contractor. The director may provide that persons who can document that they have been in the business of installing, servicing, and repairing pumps and pumping equipment prior to December 31, 2003, may be granted a certification by paying the appropriate fees but without any requirement to pass any type of test. (B) Any person wishing to engage in the business of a pump contractor shall designate himself or herself or at least one partner, officer, or full-time employee to fulfill the above certification requirements. If the requirements are satisfactorily fulfilled, the person shall be granted a certification under this Code section, and such certification shall cover pump contracting activities for which the person is responsible and so certified. The partners, officers, and employees of the person shall be allowed to engage in the activities covered by the certification if the individual who fulfilled the certification requirements has performed or approved such activities and such approval is posted at the site of the activity on forms to be provided by the council for that purpose. Any such certification shall be valid so long as

_____________GEORGIA LAWS 2003 SESSION___________613
the designated partner, officer, or full-time employee is associated with the certificant or until the certificate otherwise expires. (2) The provisions of paragraph (1) of this subsection notwithstanding, the pump contracting activities of the partners, officers, and employees of the individual who fulfilled the certification requirements shall continue to be authorized under a certificate which was valid at the time of the certificant's death for a period of 180 days following the date of such death. (3) The provisions of this subsection shall not prohibit a person licensed as an electrical contractor, master plumber, or journeyman plumber under Chapter 14 of Title 43 from engaging in any business activities or practices within the scope of such license without being certified as a pump contractor, (b) Any person who installs any pump on or in a water well in violation of any installation standards adopted by the council pursuant to subparagraph (a)(l)(A) of this Code section which violation causes or has the potential for causing contamination of ground water shall be subject to civil penalties as provided in Code Section 12-5-133.1."
SECTION 10. All laws and parts of laws in conflict with this Act are repealed.
Approved June 3, 2003.
HIGHWAYS - SUBDIVISION PLAT CHANGES; DEPARTMENT OF TRANSPORTATION APPROVAL.
No. 252 (House Bill No. 321).
AN ACT
To amend Chapter 6 of Title 32 of the Official Code of Georgia Annotated, relating to regulation of maintenance and use of public roads, so as to provide that proposed or existing subdivisions that access a state highway system shall be required to obtain Department of Transportation approval prior to undertaking additions or changes to plats that might affect road safety; 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 6 of Title 32 of the Official Code of Georgia Annotated, relating to regulation of maintenance and use of public roads, is amended by striking Code Section 32-6-150, relating to the definition of the term "subdivision," and inserting in lieu thereof the following:

614______GENERAL ACTS AND RESOLUTIONS, VOL. I_________
"32-6-150.
As used in this part, the term 'subdivision' means all divisions of a tract or parcel of land into two or more lots, buildings, sites, or other divisions for the purpose, whether immediate or future, of sale, legacy, or building development; includes all division of land involving a new public road or a change in existing public roads or new drives, driveways, access ways, or changes that require access to the state right of way; includes resubdivision; and, where appropriate to the context, relates to the process of subdividing or to the land or area subdivided; provided, however, that the following are not included within this definition:
(1) The combination or recombination of portions of previously platted lots where the total number of lots is not increased and the resultant lots are equal to the standards of the municipality; and (2) The division of land into parcels of five acres or more where no new street is involved."
SECTION 2. Said chapter is further amended by striking Code Section 32-6-151, relating to the department's recommendation as to approval or rejection of plats submitted by the planning commission, and inserting in lieu thereof the following:
"32-6-151.
A planning commission shall submit two copies of the proposed subdivision plat to the department if such proposed subdivision includes or abuts on any part of the state highway system or where the proposed subdivision requires access to the state highway system. The department, within 30 days of receipt of the plat, shall recommend approval and note its recommendation on the copy to be returned to the planning commission or recommend rejection. Failure of the department to act within this 30 day period shall constitute approval. If the plat is recommended for rejection, the reasons for rejection and requirements for approval shall be given the commission in writing; such rejection shall be binding on the planning commission unless the planning commission, by official action recorded in its minutes, overrules such department action."
SECTION 3. Said chapter is further amended by striking Code Section 32-6-152, relating to the department's recommendation as to approval or rejection of plats submitted by the proprietor of a subdivision, and inserting in lieu thereof the following:
"32-6-152.
The proprietor of a subdivision to be developed within a county or municipality which has not created a planning commission shall submit three copi es of the plat to the department if such a proposed subdivision includes or abuts on any part of the state highway system or where the proposed subdivision requires access to the state highway system. The department, within 30 days of receipt of the plan, shall approve or reject it, with written reasons for such rejection and requirements for approval, and note such action on the copy to be returned to the proprietor as well as on the copy to be returned to the county or municipal governing authority

_____________GEORGIA LAWS 2003 SESSION___________615
concerned. Such rejection shall be binding on the county or municipality concerned unless the county or municipal governing authority concerned, by official action recorded in its minutes, overrules such department action. Failure of the department to act within the 30 day period provided in this Code section shall constitute approval."
SECTION 4. Said chapter is further amended by striking Code Section 32-6-153, relating to the factors that must be considered by the department in making recommendations for approving or rejecting plats, and inserting in lieu thereof the following:
"32-6-153. Where the department is required to make recommendations to a planning commission under Code Section 32-6-151 or to approve a proposed plat under Code Section 32-6-152, the department, in addition to considering other factors, shall base its recommendation or approval on the following being provided for in the plat:
(1) Dedication to the department in fee simple of any portion of the subdivision which includes any part of the state highway system, such dedication to include land necessary for future widening of the state highway system; and (2) An adequate provision for traffic safety in laying out public roads, drives, driveways, or access ways which enter the state highway system."
SECTION 5. This Act shall become effective on July 1, 2003.
SECTION 6. All laws and parts of laws in conflict with this Act are repealed.
Approved June 3, 2003.
PROFESSIONS - VETERINARY PRACTICE.
No. 257 (House Bill No. 347).
AN ACT To amend Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, so as to extensively revise the "Georgia Veterinary Practice Act"; to provide a short title; to provide for legislative purpose; to define certain terms; to provide for the State Board of Veterinary Medicine and its members, powers, and duties; to provide for licensing of veterinarians and regulation of the practice of veterinary medicine; to provide for registration of veterinary technicians and regulation of the practice of veterinary technology; to

616______GENERAL ACTS AND RESOLUTIONS, VOL. I______
provide for certain exceptions; to provide punishments for certain violations; to provide standards for veterinary facilities; to provide for immunity for certain acts; to provide effective dates; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
PARTI SECTION 1-1.
Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, is amended by striking Chapter 50, relating to veterinarians and veterinary technicians, and inserting in lieu thereof the following:
"CHAPTER 50 ARTICLE 1
43-50-1. This chapter shall be known and may be cited as the 'Georgia Veterinary Practice Act. 1
43-50-2. This chapter is enacted as an exercise of the powers of the state to promote the public health, safety, and welfare by safeguarding the people of this state against incompetent, dishonest, or unprincipled practitioners of veterinary medicine or veterinary technology.
43-50-3. As used in this chapter, the term:
(1) 'Accredited college or school of veterinary medicine' means any veterinary college or school or division of a university or college that offers the degree of Doctor of Veterinary Medicine or its equivalent and that conforms to the standards required for accreditation by the American Veterinary Medical Association Council on Education or its successor organization. (2) 'Animal' means any animal other than man and includes fowl, birds, fish, and reptiles, wild or domestic, living or dead. (3) 'AVMA accredited program in veterinary technology' means any postsecondary educational program of two or more academic years that has fulfilled the essential criteria established by the Committee on Veterinary Technician Education and Activities and approved by the American Veterinary Medical Association or its successor organization. (4) 'Board' means the State Board of Veterinary Medicine. (5) 'Direct supervision' means that the licensed veterinarian is on the premises and is quickly and easily available and that the animal patient has been examined by a licensed veterinarian at such time as acceptable veterinary

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medical practice requires, consistent with the particular delegated animal health care task. (6) 'ECFVG certificate or its substantial equivalent' means a certificate issued by the American Veterinary Medical Association Educational Commission for Foreign Veterinary Graduates or its successor organization indicating the holder has demonstrated knowledge and skill equivalent to that possessed by a graduate of an accredited college of veterinary medicine. (7) 'Immediate supervision1 means the licensed veterinarian is in audible and visual range of the animal patient and the person treating the animal. (8) 'Indirect supervision' means the licensed veterinarian is not on the premises but has given either written or oral instructions for the treatment of the animal patient and the animal has been examined by a licensed veterinarian at such times as acceptable veterinary medical practice requires, consistent with the particular delegated health care task. (9) 'Licensed veterinarian' means a person who is validly and currently licensed to practice veterinary medicine in this state. (10) 'Person' means any individual, firm, partnership, limited liability company, association, joint venture, cooperative, and corporation or any other group or combination acting in concert; and whether or not acting as a principal, trustee, fiduciary, receiver, or as any other kind of legal or personal representative, or as the successor in interest, assignee, agent, factor, servant, employee, member, director, officer, or any other representative of such person. (11) To 'practice veterinary medicine' or the 'practice of veterinary medicine' means:
(A) To diagnose, treat, correct, change, relieve, or prevent animal disease, deformity, defect, injury, or other physical or mental conditions, including the prescription, administration, or dispensing of any prescription drug, medicine, biologic, apparatus, application, anesthetic, or other therapeutic or diagnostic substance or technique on, for, or to any animal, including but not limited to acupuncture, animal dentistry, manual or mechanical adjustment procedures, physical therapy, surgery, diagnostic veterinary pathology, any manual, mechanical, biological, or chemical procedure used for pregnancy testing or for correcting sterility or infertility, or to render advice or recommendations with regard to any of the above; but not including such administration or dispensing pursuant to prescription or direction of a licensed veterinarian, homeopathy, or botanical medicine;
(B)(i) To apply or use any instrument or device on any portion of an animal's tooth, gum, or any related tissue for the prevention, cure, or relief of any wound, fracture, injury, disease, or other condition of an animal's tooth, gum, or related tissue. (ii) To engage in preventive dental procedures on animals including, but not limited to, the removal of calculus, soft deposits, plaque, or stains or the smoothing, filing, or polishing of tooth surfaces.

618______GENERAL ACTS AND RESOLUTIONS, VOL. I_______
(iii) Nothing in this subparagraph shall prohibit any person from utilizing cotton swabs, gauze, dental floss, dentifrice, toothbrushes, or similar items to clean an animal's teeth; (C) To represent, directly or indirectly, publicly or privately, an ability and willingness to do any act described in subparagraphs (A) and (B) of this paragraph; (D) To use any title, words, abbreviation, or letters in a manner or under circumstances which induce the belief that the person using them is legally authorized or qualified to perform an act included in this paragraph. Such use shall be evidence of the intention to represent oneself as engaged in the practice of veterinary medicine; (E) To apply principles of environmental sanitation, food inspection, environmental pollution control, zoonotic disease control, and disaster medicine in the promotion and protection of public health as it specifically relates to animals. This subparagraph shall apply only to licensed veterinarians and not to other qualified individuals; (F) To collect blood or other samples for the purpose of diagnosing diseases or related conditions. This subparagraph shall not apply to unlicensed professionals employed by or under contract with the United States Department of Agriculture or the Georgia Department of Agriculture who are engaged in their official duties; or (G) To administer a rabies vaccination to any animal that the state requires to be vaccinated. (12) 'Prescription drug' includes any medicine, medication, or pharmaceutical or biological product whose manufacturer's label must, pursuant to federal or state law, have the following statement printed on its packaging: 'Federal law restricts this drug to use by or on the order of a licensed veterinarian'; or any over-the-counter product that is used in a manner different from the label directions and that by definition requires a valid veterinarian-client-patient relationship for prescription or dispensing. (13) 'Registered veterinary technician' means a veterinary technician who is validly and currently registered to practice veterinary technology in this state. (14) 'Veterinarian' means a person who has received a doctorate degree in veterinary medicine from a college or school of veterinary medicine. (15) 'Veterinarian-client-patient relationship' means that: (A) The licensed veterinarian or his or her licensed designee has assumed the responsibility for making medical judgments regarding the health of the animal and the need for medical treatment, and the client (owner or caretaker) has agreed to follow the instruction of the licensed veterinarian; (B) There is sufficient knowledge of the animal by the licensed veterinarian to initiate at least a general.or preliminary diagnosis of the medical condition of the animal. This means that the licensed veterinarian has recently seen and is personally acquainted with the keeping and care of the animal by the virtue of examination of the animal or by medically appropriate and timely visits to the premises where the animal is kept; and

____________GEORGIA LAWS 2003 SESSION___________619
(C) A licensed veterinarian is readily available for follow up in the case of adverse reactions or failure of the regimen of therapy. (16) 'Veterinary facility' means any premises owned or operated by a veterinarian or his or her employer where the practice of veterinary medicine occurs, including but not limited to veterinary hospitals, clinics, or mobile clinics; provided, however, that such term does not include a client's private property where a licensed veterinarian treats the client's animals. (17) 'Veterinary medicine' includes veterinary surgery, obstetrics, dentistry, and all other branches or specialties of veterinary medicine. (18) 'Veterinary technician' means a person who engages in the practice of veterinary technology. (19) 'Veterinary technology' means the science and art of providing certain aspects of professional medical care and treatment for animals and the practice of veterinary medicine as may be delegated by a veterinarian but does not include making a diagnosis or prognosis, prescribing treatment, performing surgery, or the prescription of medications. Such authorized tasks when performed by a registered veterinary technician in accordance with such delegation by a licensed veterinarian shall not constitute the practice of veterinary medicine by such registered veterinary technician, the provisions of paragraph (11) of this Code section notwithstanding.
ARTICLE 2
43-50-20.
(a) There shall be a State Board of Veterinary Medicine, the members of which shall be appointed by the Governor with the approval of the Secretary of State and confirmation by the Senate. The board shall consist of six members, each appointed for a term of five years or until his or her successor is appointed. Five members of the board shall be duly licensed veterinarians actually engaged in active practice for at least five years prior to appointment. The sixth member shall be appointed from the public at large and shall in no way be connected with the practice of veterinary medicine. Those members of the State Board of Veterinary Medicine serving on July 1,2003, shall continue to serve as members of the board until the expiration of the term for which they were appointed. Thereafter, successors to such board members shall be appointed in accordance with this Code section. (b) Vacancies due to death, resignation, removal, or otherwise shall be filled for the remainder of the unexpired term in the same manner as regular appointments. No person shall serve two consecutive five-year terms, but a person appointed for a term of less than five years may succeed himself or herself. (c) No person may serve on the board who is, or was during the two years preceding his or her appointment, a member of the faculty, trustees, or advisory board of a veterinary school. (d) Each member of the board shall be reimbursed as provided for in subsection (f) of Code Section 43-1-2.

620______GENERAL ACTS AND RESOLUTIONS, VOL. I_______
(e) Any member of the board may be removed by the Governor after a hearing by the board determines cause for removal. (f) The board shall meet at least once each year at the time fixed by the board. Other necessary meetings may be called by the president of the board by giving such notice as shall be established by the board. Meetings shall be open and public except that the board may meet in closed session to prepare, approve, administer, or grade examinations or to deliberate the qualifications of an applicant for license or the disposition of a proceeding to discipline a licensed veterinarian. (g) At its annual meeting, the board shall organize by electing a president and such other officers as may be required by the board. Officers of the board serve for terms of one year and until a successor is elected, without limitation on the number of terms an officer may serve. The president shall chair the board meetings.
43-50-21. (a) The board shall have the power to:
(1) Examine and determine the qualifications and fitness of applicants for licenses or registrations to practice veterinary medicine and veterinary technology in this state; (2) Issue, renew, refuse to renew, deny, suspend, or revoke licenses or registrations to practice veterinary medicine or veterinary technology in this state or otherwise discipline licensed veterinarians and registered veterinary technicians; and to issue, renew, deny, suspend, or revoke veterinary faculty licenses, consistent with this chapter and the rules and regulations adopted under this chapter; (3) Conduct investigations for the purpose of discovering violations of this chapter or grounds for disciplining persons licensed or registered under this chapter; (4) Hold hearings on all matters properly brought before the board; and, in connection therewith, to administer oaths, receive evidence, make the necessary determinations, and enter orders consistent with the findings. The board may designate one or more of its members to serve as its hearing officer; (5) Appoint from its own membership one member to act as a representative of the board at any meeting within or outside the state where such representative is deemed desirable; (6) Bring proceedings in the courts for the enforcement of this chapter or any regulations made pursuant to this chapter; and (7) Adopt, amend, or repeal all rules necessary for its government and all regulations necessary to carry this chapter into effect, including without limitation the establishment and publication of standards of professional conduct for the practice of veterinary medicine and veterinary technology. (b) The powers enumerated in subsection (a) of this Code section are granted for the purpose of enabling the board to supervise effectively the practice of

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veterinary medicine and veterinary technology and are to be construed liberally to accomplish this objective.
ARTICLE 3 Part 1
43-50-30. (a) No person may practice veterinary medicine in this state who is not a licensed veterinarian or the holder of a valid temporary license issued by the division director pursuant to this article. (b) A licensed veterinarian may practice veterinary medicine as an employee of a corporation, partnership, or other business organization provided the articles of incorporation, partnership, or business organization documents clearly state that the licensed veterinarian is not subject to the direction of anyone not licensed to practice veterinary medicine in Georgia in making veterinary medical decisions or judgments.
43-50-31. (a) Any person desiring a license to practice veterinary medicine in this state shall make written application to the board. The application shall include evidence, satisfactory to the board, that:
(1) The applicant has attained the age of 18; (2) The applicant is of good moral character; (3) The applicant is a graduate of an accredited college or school of veterinary medicine or possesses an ECFVG certificate or its substantial equivalent; provided, however, that a senior veterinary student may, in the discretion of the board, be allowed to sit for the examination during his or her senior year if he or she meets the other qualifications but shall not be issued a license unless and until he or she graduates; and (4) The applicant meets such other qualifications or provides such other information as the board may require by rule. (b) The application shall be accompanied by a fee in the amount established by the board. (c) If the board determines that an applicant possesses the proper qualifications, it shall admit the applicant to the next examination; provided, however, that the board may provide by rule for waiver of any part of such examination for veterinarians who are licensed as such by another state and who are in good standing therewith.
43-50-32. (a) The board shall hold at least one license examination during each year and may hold such additional license examinations as are necessary. (b) After each examination, the division director shall notify each examinee of the result of his or her examination, and the board shall issue licenses to the persons successfully completing the examination. The division director shall

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record the new licenses and issue a certificate of registration to the new licensees. If an applicant fails a license examination, the applicant may take a subsequent examination upon payment of the registration and examination fees. No person may take the examination more than three times without review and approval by the board. Approval may be provided under such circumstances as the board deems appropriate.
43-50-33. Any person holding a valid license to practice veterinary medicine in this state on July 1, 2003, shall be recognized as a licensed veterinarian and shall be entitled to retain this status so long as he or she complies with this article, including biennial renewal of the license.
Part 2 43-50-40. (a) All licenses and registrations under this article shall be renewable biennially. (b) Any person who shall practice veterinary medicine or veterinary technology after the expiration of his or her license or registration and willfully or by neglect fail to renew such license or registration shall be practicing in violation of this article, provided that any person may renew an expired license or registration within one year of the date of its expiration by making written application for renewal and paying the current renewal fee plus all delinquent renewal fees. After one year has elapsed from the date of the expiration, such license or registration may be reinstated in accordance with the rules of the board. (c) The board may by rule waive the payment of the renewal fee of a licensed veterinarian or registered veterinary technician during the period when he or she is on active duty with any branch of the armed forces of the United States, not to exceed the longer of three years or the duration of a national emergency.
(d)(l) The board shall establish a program of continuing professional veterinary medical education for the renewal of veterinary licenses. Notwithstanding any other provision of this article, no license to practice veterinary medicine shall be renewed by the board or the division director until the licensed veterinarian submits to the board satisfactory proof of his or her participation, during the biennium preceding his or her application for renewal, in approved programs of continuing education, as defined in this Code section. The amount of continuing veterinary medical education required of licensed veterinarians by the board under this paragraph shall not be less than 30 hours and shall be established by board rule. (2) Continuing professional veterinary medical education shall consist of educational programs providing training pertinent to the practice of veterinary medicine and approved by the board under this Code section. The board may approve educational programs for persons practicing veterinary medicine in this state on a reasonable nondiscriminatory fee basis and may contract with institutions of higher learning, professional organizations, or qualified individuals for the provision of approved programs. In addition to such

____________GEORGIA LAWS 2003 SESSION___________623
programs, the board may allow the continuing education requirement to be fulfilled by the completion of approved distance learning courses, with the number of hours being established by board rule. (3) The board may, consistent with the requirements of this Code section, promulgate rules and regulations to implement and administer this Code section, including the establishment of a committee to prescribe standards, approve and contract for educational programs, and set the required minimum number of hours per year. (e) The board shall provide by regulation for an inactive status license or registration for those individuals who elect to apply for such status. Persons who are granted inactive status shall not engage in the practice of veterinary medicine or veterinary technology and shall be exempt from the requirements of continuing veterinary medical education during such inactivity.
43-50-41. (a) The board is authorized to refuse to grant a license or registration to an applicant, to revoke the license or registration of a person licensed or registered by the board, or to discipline a person licensed or registered under this chapter or any antecedent law, upon a finding by a majority of the entire board that the licensee, registrant, or applicant has:
(1) Failed to demonstrate the qualifications or standards for a license or registration contained in this chapter or in the rules and regulations issued by the board, pursuant to specific statutory authority. It shall be incumbent upon the applicant to demonstrate to the satisfaction of the board that he or she meets all the requirements for the issuance of a license or registration, and, if the board is not satisfied as to the applicant's qualifications, it may deny a license or registration 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 veterinary medicine or veterinary technology on any document connected therewith; or practiced fraud or deceit or intentionally made any false statement in obtaining a license or registration to practice veterinary medicine or veterinary technology; or made a false statement or deceptive biennial renewal with the board; (3) Been convicted of any felony or of any crime involving moral turpitude in the courts of this state or any other state, territory, or country or in the courts of the United States. As used in this paragraph, the term 'felony' shall include any offense which, if committed in this state, would be deemed a felony without regard to its designation elsewhere. 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;

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(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 or other first offender treatment shall be conclusive evidence of arrest and sentencing for such crime; (5) Had his or her license to practice veterinary medicine or registration to practice veterinary technology revoked, suspended, or annulled by any lawful licensing veterinary medical authority other than the board; or had other disciplinary action taken against him or her by any lawful licensing or registering veterinary medical authority other than the board; or was denied a license or registration by any lawful licensing veterinary medical authority other than the board, pursuant to disciplinary proceedings; or was refused the renewal of a license or registration by any lawful licensing veterinary medical 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, registrant, or applicant to practice veterinary medicine or veterinary technology, or of a nature likely to jeopardize the interest of the public, which conduct or practice need not have resulted in actual injury or be directly related to the practice of veterinary medicine or veterinary technology but shows that the licensee, registrant, or applicant has committed any act or omission which is indicative of bad moral character or untrustworthiness. Unprofessional conduct shall also include any departure from, or the failure to conform to, the minimal standards of acceptable and prevailing veterinary medical practice or veterinary technology practice. Unprofessional conduct shall also include, but not be limited to, the following: failure to keep veterinary facility premises and equipment in a clean and sanitary condition; dishonesty or gross negligence in the inspection of foodstuffs or the issuance of health or inspection certificates; or cruelty to animals; (7) Knowingly performed any act which in any way aids, assists, procures, advises, or encourages any unlicensed or unregistered person or any licensee or registrant whose license or registration has been suspended or revoked by the board to practice veterinary medicine or veterinary technology or to practice outside the scope of any disciplinary limitation placed upon the licensee or registrant by the board; (8) Violated a statute, law, or any rule or regulation of this state, any other state, the board, the United States, or any other lawful authority (without regard to whether the violation is criminally punishable), which statute, law, rule, or regulation relates to or in part regulates the practice of veterinary medicine or veterinary technology, when the licensee, registrant, or applicant knows or should know that such action violates such statute, law, rule, or regulation; or

__________GEORGIA LAWS 2003 SESSION__________625
violated the lawful order of the board previously entered by the board in a disciplinary hearing, consent decree, or license reinstatement; (9) Been adjudged mentally incompetent by a court of competent jurisdiction within or without this state. Any such adjudication shall automatically suspend the license or registration of any such person and shall prevent the reissuance or renewal of any license or registration so suspended for as long as the adjudication of incompetence is in effect; (10) Displayed an inability to practice veterinary medicine or veterinary technology with reasonable skill and safety to patients or has become unable to practice veterinary medicine or veterinary technology with reasonable skill and safety to patients by reason of illness, use of alcohol, drugs, narcotics, chemicals, or any other type of material, or as a result of any mental or physical condition, or by reason of displaying habitual intoxication, addiction to, or recurrent personal misuse of alcohol, drugs, narcotics, chemicals, or any other type of similar substances. In enforcing this paragraph, the board may, upon reasonable grounds, require a licensee, registrant, or applicant to submit to a mental or physical examination by physicians designated by the board. The results of such examination shall be admissible in any hearing before the board, notwithstanding any claim of privilege under a contrary rule of law or statute. Every person who shall accept the privilege of practicing veterinary medicine or veterinary technology in this state or who shall file an application for a license or registration to practice veterinary medicine or veterinary technology in this state shall be deemed to have given that person's consent to submit to such mental or physical examination and to have waived all objections to the admissibility of the results in any hearing before the board upon the grounds that the same constitutes a privileged communication. If a licensee, registrant, or applicant fails to submit to such an examination when properly directed to do so by the board, unless such failure is due to circumstances beyond his or her control, the board may enter a final order upon proper notice, hearing, and proof of such refusal. Any licensee, registrant, or applicant who is prohibited from practicing veterinary medicine or veterinary technology under this paragraph shall at reasonable intervals be afforded an opportunity to demonstrate to the board that such person can resume or begin the practice of veterinary medicine or veterinary technology with reasonable skill and safety to patients; (11) Failed to register with the division director as required by law. It shall be the duty of every licensee or registrant to notify the board of any change in his or her address of record with the board; provided, however, that, for a period established by the division director after failure to register, a license or registration may be reinstated by payment of a registration fee to be determined by the board by rule and by filing of a special application therefor. After this period has elapsed, a license or registration may be revoked for failure to register and for failure to pay the fee as provided by law; (12) Engaged in the excessive prescribing or administering of drugs or treatment or the use of diagnostic procedures which are detrimental to the

626______GENERAL ACTS AND RESOLUTIONS, VOL. I________
patient as determined by the customary practice and standards of the local community of licensees; or knowingly prescribed controlled drug substances or any other medication without a legitimate veterinary medical purpose; or knowingly overprescribed controlled drug substances or other medication, in light of the condition of the patient at the time of prescription; (13) Knowingly made any fraudulent, misleading, or deceptive statement in any form of advertising or made any statement in any advertisement concerning the quality of the veterinary services rendered by that licensed veterinarian or any licensed veterinarian associated with him or her. For purposes of this paragraph, 'advertising' shall include any information communicated in a manner designated to attract public attention to the practice of the licensee or registrant; (14) Used, prescribed, or sold any veterinary prescription drug or prescribed an extralabel use of any drug in the absence of a valid veterinarian-client-patient relationship; or (15) Has had his or her U. S. Drug Enforcement Administration privileges restricted or revoked. (b) The provisions of Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' with respect to emergency action by the board and summary suspension of a license or registration are adopted and incorporated by reference into this chapter. (c) For purposes of this Code section, the board may obtain, and is authorized to subpoena, upon reasonable grounds, any and all records relating to the mental or physical condition of a licensee, registrant, or applicant, and such records shall be admissible in any hearing before the board. (d) When the board finds that any person is unqualified to be granted a license or registration or finds that any person should be disciplined pursuant to subsection (a) of this Code section, the board may take any one or more of the following actions: (1) Refuse to grant or renew a license or registration to an applicant; (2) Administer a public or private reprimand, but a private reprimand shall not be disclosed to anyone other than the person reprimanded; (3) Suspend any license or registration for a definite period or for an indefinite period in connection with any condition which may be attached to the restoration of said license or registration; (4) Limit or restrict any license or registration as the board deems necessary for the protection of the public; (5) Revoke any license or registration; or (6) Condition the penalty upon, or withhold formal disposition pending, the applicant's, registrant's, or licensee's submission to such care, counseling, or treatment as the board may direct. (e) In addition to and in conjunction with the actions described in subsection (d) of this Code section, the board may make a finding adverse to the licensee, registrant, or applicant but withhold imposition of judgment and penalty; or it may impose the judgment and penalty but suspend enforcement thereof and place

____________GEORGIA LAWS 2003 SESSION___________627
the licensee or registrant on probation, which probation may be vacated upon noncompliance with such reasonable terms as the board may impose. (f) Initial judicial review of a final decision of the board shall be had solely in the superior court of the county of domicile of the board. (g) In its discretion, the board may reinstate a license or registration which has been revoked or issue a license or registration which has been denied or refused, following such procedures as the board may prescribe by rule; and, as a condition thereof, it may impose any disciplinary or corrective method provided in this chapter.
(h)( 1) The division director is authorized to make, or cause to be made through employees or contract agents of the board, such investigations as he or she or the board may deem necessary or proper for the enforcement of the provisions of this chapter. Any person properly conducting an investigation on behalf of the board shall have access to and may examine any writing, document, or other material relating to the fitness of any licensee, registrant, or applicant. The division director or his or her appointed representative may issue subpoenas to compel such access upon a determination that reasonable grounds exist for the belief that a violation of this chapter or any other law relating to the practice of veterinary medicine or veterinary technology may have taken place. (2) The results of all investigations initiated by the board shall be reported solely to the board, and the records of such investigations shall be kept for the board by the division director, with the board retaining the right to have access at any time to such records. No part of any such records shall be released, except to the board, for any purpose other than a hearing before the board, nor shall such records be subject to subpoena; provided, however, that the board shall be authorized to release such records to another enforcement agency or lawful licensing authority. (3) The board shall have the authority to exclude all persons during its deliberations on disciplinary proceedings and to discuss any disciplinary matter in private with a licensee, registrant, or applicant and the legal counsel of that licensee, registrant, or applicant. (i) A person, firm, corporation, association, authority, or other entity shall be immune from civil and criminal liability for reporting or investigating the acts or omissions of a licensee, registrant, or applicant which violate the provisions of subsection (a) of this Code section or any other provision of law relating to a licensee's, registrant's, or applicant's fitness to practice as a licensed veterinarian or registered veterinary technician or for initiating or conducting proceedings against such licensee, registrant, or applicant, if such report is made or action is taken in good faith, without fraud or malice. Any person who testifies or who makes a recommendation to the board in the nature of peer review, in good faith, without fraud or malice, before the board in any proceeding involving the provisions of subsection (a) of this Code section or any other law relating to a licensee's, registrant's, or applicant's fitness to practice as a licensed veterinarian

628_______GENERAL ACTS AND RESOLUTIONS, VOL. I_________
or registered veterinary technician shall be immune from civil and criminal liability for so testifying. (j) Neither a denial of a license or registration on grounds other than those enumerated in subsection (a) of this Code section nor the issuance of a private reprimand nor the denial of a license or registration by endorsement nor the denial of a request for reinstatement of a revoked license or registration nor the refusal to issue a previously denied license or registration shall be considered to be a contested case within the meaning of Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' Notice and hearing within the meaning of Chapter 13 of Title 50 shall not be required, but the applicant, registrant, or licensee shall be allowed to appear before the board if he or she so requests, (k) If any licensee, registrant, or applicant fails to appear at any hearing after reasonable notice, the board may proceed to hear the evidence against such licensee, registrant, or applicant and take action as if such licensee, registrant, or applicant had been present. A notice of hearing, initial or recommended decision, or final decision of the board in a disciplinary proceeding shall be served upon the licensee, registrant, or applicant by certified mail or statutory overnight delivery, return receipt requested, to the last known address of record with the board. If such material is returned marked 'unclaimed' or 'refused' or is otherwise undeliverable and if the licensee, registrant, or applicant cannot, after diligent effort, be located, the division director shall be deemed to be the agent for service for such licensee, registrant, or applicant for purposes of this Code section, and service upon the division director shall be deemed to be service upon the licensee, registrant, or applicant. (1) The voluntary surrender of a license or registration shall have the same effect as a revocation of the license or registration, subject to reinstatement in the discretion of the board. (m) This Code section shall apply equally to all licensees, registrants, or applicants whether individuals, partners, or members of any other incorporated or unincorporated associations, corporations, or other associations of any kind whatsoever. (n) All subpoenas issued pursuant to the authority granted in this chapter shall be subject to the general rules of law with respect to distance, tender of fees and expenses, and protective orders; and any motion made with respect thereto shall be made to and passed on by a judge of the superior court of the county of residence of the person to whom the subpoena is directed, (o) Any proceeding or administrative action instituted under this Code section shall be governed by the provisions of this Code section as they existed in full force and effect on the date of the commission of the act or acts constituting a violation of this Code section, except as otherwise specifically declared by the General Assembly.
43-50-42.
(a) The board may issue a temporary license to the following applicants who are qualified to take the veterinary license examination:

____________GEORGIA LAWS 2003 SESSION___________629
(1) An applicant licensed in another state. Such license shall have the same force and effect as a permanent license until the time of its expiration; and (2) An applicant who is not the holder of any veterinary license. Such license shall authorize the applicant to work under the supervision of a licensed veterinarian as provided by the board. (b) The temporary license shall expire on the date that permanent licenses are issued to persons who have passed the examination provided for in Code Section 43-50-32, which examination occurred immediately following the issuance of the temporary license. (c) A temporary license issued pursuant to this Code section may, in the discretion of the board, be renewed for one six-month period only; provided, however, that no temporary license shall be issued, renewed, or reissued to a person who fails to pass the examination established by the board.
43-50-43. The board may, in its discretion, issue a veterinary faculty license to any qualified applicant associated with one of this state's institutions of higher learning and involved either in research activities within such institution or in the instructional program of either undergraduate or graduate veterinary medical students, subject to the following conditions:
(1) That the holder of the veterinary faculty license shall be remunerated for the practice aspects of his or her services solely from state, federal, or institutional funds and not from the patient-owner beneficiary of his or her practice efforts; (2) That the applicant will furnish the board with such proof as the board may deem necessary to demonstrate that the applicant is a graduate of a reputable school or college of veterinary medicine; that the applicant has or will have a faculty position at an institution which meets the requirements of paragraph (1) of this Code section, as certified by an authorized administrative official at such institution; and that the applicant understands and agrees that the faculty license is valid only for the practice of veterinary medicine as a faculty member of the institution; (3) That the license issued under this Code section may be revoked or suspended or the licensee may be otherwise disciplined in accordance with Code Section 43-50-41; and (4) That the license issued under this Code section may be canceled by the board upon receipt of information that the holder of the veterinary faculty license has left or has otherwise been discontinued from faculty employment at an institution of higher learning of this state.
43-50-44. This article shall not be construed to prohibit:
(1) An employee of the federal, state, or local government or any contractual partner thereof or any employee of a public or private college or university

630______GENERAL ACTS AND RESOLUTIONS, VOL. I_________
from performing his or her duties relating to animals owned by or on loan to such employer; (2) A person who is a regular student in a veterinary school or school of veterinary technology performing duties or actions assigned by his or her instructors or working under the supervision of a licensed veterinarian; (3) A person, compensated or otherwise, from performing acceptable livestock management practices, which practices shall include, but not be limited to, castration of food animals, dehorning without the use of prescription drugs or surgical closure of wounds, hoof trimming or shoeing, docking, ear notching, removing needle teeth, testing for pregnancy, implantation of over-the-counter growth implants, implantation of over-the-counter identification devices, artificial insemination, the use of federally approved over-the-counter products, branding, collecting of fluids for genetic identification and classification, semen collection and storage, and the use of ultrasound for collection of production data and similar nondiagnostic purposes; (4) A person assisting with a nonsurgical fetal delivery in a food animal, provided that no fee is charged; (5) The actions of a veterinarian currently licensed in another state, province of Canada, or a United States territory in consulting with a licensee of this state but who:
(A) Does not open an office or appoint a place to do business within this state; (B) Does not print or use letterhead or business cards reflecting in-state addresses; (C) Does not establish answering services or advertise the existence of a practice address within this state; (D) Does not practice veterinary medicine as a consultant rendering services directly to the public without the direction of a licensed veterinarian of this state more than two days per calendar year; and (E) Is providing services for an organization conducting a public event lasting less than ten days that utilizes animals in need of veterinary examinations, treatments, or oversight to promote the safety and health of the public, the event, and the animal participants; provided, however, that a veterinarian licensed in another state who practices veterinary medicine on animals belonging to residents of this state by communicating directly with such owners and independent of the attending veterinary licensee is not exempt from this state's licensing requirements; (6) Any merchant or manufacturer selling, at his or her regular place of business, medicines, feed, appliances, or other products used in the prevention or treatment of animal diseases. This shall not be construed to authorize the sale of medicines which must be obtained by a prescription from a pharmacist but shall only include the right to sell those medicines which are classified as proprietary and which are commonly known as over-the-counter medicines; (7)(A) The owner of an animal or the owner's full-time regular employee caring for and treating the animal belonging to such owner; or

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(B) The owner's friend or relative caring for or treating the animal belonging to such owner, provided that no fee is charged and the friend or relative does not solicit, advertise, or regularly engage in providing such care or treatment or administer or dispense prescription drugs without a valid prescription; (8) The owner, operator, or employee of a licensed kennel, animal shelter, or stable or of a pet-sitting service providing food, shelter, or supervision of an animal or administering prescription drugs pursuant to prescription of a licensed veterinarian or over-the-counter medicine to an animal; (9) A member of the faculty, a resident, an intern, or a graduate student of an accredited college or school of veterinary medicine or school of veterinary technology performing his or her regular nonclinical functions or a person lecturing or giving instructions or demonstrations at an accredited college or school of veterinary medicine or school of veterinary technology in connection with a continuing education course or seminar; (10) Any person selling or applying any pesticide, insecticide, or herbicide; (11) Any person engaging in bona fide scientific research which reasonably requires experimentation involving animals; (12) Any person performing artificial insemination; (13) An employee of a licensed veterinarian administering prescribed care to an animal under the appropriate supervision of the veterinarian; (14) A graduate of a foreign college or school of veterinary medicine who is in the process of obtaining the ECFVG certificate or its substantial equivalent performing duties or actions under the direct supervision of a licensed veterinarian; (15) The owner of an animal, the owner's employee, or a member of a nationally recognized organization that acknowledges individuals performing embryo transfer or artificial breeding and which organization is approved by the board from: (A) The nonsurgical removal of an embryo from an animal for the purpose of transplanting such embryo into another female animal, cryopreserving such embryo, or implanting such embryo in an animal, provided that the use of prescription medications in such animals is maintained under the direction of a licensed veterinarian with a valid veterinarian-client-patient relationship; or (B) The testing and evaluation of semen; (16) Any other licensed or registered health care provider utilizing his or her special skills so long as the treatment of the animal is under the direction of a licensed veterinarian with a valid veterinary-client-patient relationship; (17) A person performing soft tissue animal massage or other forms of soft tissue animal manipulation; (18) A person performing aquaculture or raniculture management practices; (19) A person implanting electronic identification devices in smal 1 companion animals; or

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(20) An employee or contractual partner of a zoological park or aquarium accredited by the American Zoo and Aquarium Association or other substantially equivalent nationally recognized accrediting agency as determined by the board from performing his or her duties that are approved by a licensed veterinarian and relate to animals owned by or on loan to such zoological park or aquarium.
43-50-45. (a) Any person who practices veterinary medicine without a valid license in violation of this article shall be guilty of the misdemeanor offense of practicing veterinary medicine without a license and, upon conviction thereof, shall be punished as provided in this Code section, provided that each act of such unlawful practice shall constitute a distinct and separate offense. (b) Upon being convicted a first time under this Code section, such person shall be punished by a fine of not more than $500.00 for each offense. Upon being convicted a second or subsequent time under this Code section, such person shall be punished by a fine of not more than $ 1,000.00 for each offense, imprisonment for not more than 12 months, or both such fine and imprisonment. (c) The board or any citizen of this state may bring an action to enjoin any person from practicing veterinary medicine without a valid license. If the court finds that the person is violating, or is threatening to violate, this article, it shall enter an injunction restraining him or her from such unlawful acts. (d) The successful maintenance of an action based on any one of the remedies set forth in this Code section shall in no way prejudice the prosecution of an action based on any other of the remedies.
Part 3
43-50-50. It is the purpose of this part to encourage more effective utilization of the skills of licensed veterinarians by enabling them to delegate certain veterinary health care tasks to registered veterinary technicians where such delegation is consistent with the animal patient's health and welfare.
43-50-51. Reserved.
43-50-52. (a)( 1) Any person desiring to work as a veterinary technician in this state shall apply to the board for a certificate of registration as a veterinary technician. All such applications shall be made on forms provided by the board and shall be accompanied by such fee as may be required by the board. (2) The application shall include evidence, satisfactory to the board, that: (A) The applicant has attained the age of 18; (B) The applicant is of good moral character;

GEORGIA LAWS 2003 SESSION
(C)(i) The applicant is a graduate of a college or technical school course of study in veterinary technology from an institution accredited by the American Veterinary Medical Association, including without limitation instruction in the operation of life sustaining oxygen equipment, and has successfully passed an examination required by the board; or (ii) The applicant has successfully completed a college course of study in the care and treatment of animals from an institution having a curriculum approved by the board, including without limitation instruction in the operation of life sustaining oxygen equipment, and has successfully passed an examination required by the board; and (D) The applicant meets such other qualifications or provides such other information as the board may require by rule. (b) Until July 1, 2005, any person who during the period from July 1, 1993, through June 30, 2003, acquired a minimum of five years experience assisting a licensed veterinarian may, with a signed affidavit from his or her supervising veterinarian attesting to his or her level of on-the-job training, be allowed to take the examination approved by the board. Upon receiving a passing grade on such examination, the board may issue a certificate of registration. The board shall provide a list of appropriate study materials to candidates. (c) Until January 1,2005, any person who at any time prior to July 1,2003, was certified as a registered veterinary technician in this state shall be entitled to renew such registration without examination and without meeting any requirements of subparagraph (a)(2)(C) of this Code section. (d) The board may issue a certificate of registration to an applicant if the applicant is currently registered in another state having standards for admission substantially the same as this state and such standards were in effect at the time the applicant was first admitted to practice in the other state. (e) The board shall be responsible for registering any person who wishes to practice as a registered veterinary technician in this state and shall limit, restrict, supervise, and define such practice by board rule as the board deems appropriate and necessary for the protection of the public health, safety, and general welfare.
43-50-53. (a) The board shall hold at least one registration examination for applicants annually or allow applicants to take automated tests at such locations and at such times as determined by the board. (b) The board shall establish rules governing the preparation, administration, and grading of the examination. The board may adopt the National Veterinary Technicians Examination prepared by the Professional Examination Service or any other such examination prepared to the board's standards and satisfaction. (c) The board shall establish by rule the score needed to pass any examination. (d) If an applicant fails an examination, the applicant may take a subsequent examination upon payment of the registration and examination fees. No person may take the examination more than three times without review and approval by the board under such circumstances as the board deems appropriate.

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(e) Any registered veterinary technician in this state whose certificate of registration has been on inactive status for at least five consecutive years and who desires to reactivate such registration shall be required to take continuing education, pay all fees, and meet all other requirements and board rules for registration as a veterinary technician. It shall be the duty of the board to approve study materials that may be used to assist such persons in preparing for any examination.
43-50-54. (a) Any person registered as a veterinary technician must at all times be under the supervision of a licensed veterinarian while practicing as a registered veterinary technician in this state. The level of supervision shall be consistent with the delegated animal health care task. The board may establish by rule, in such general or specific terms as it deems necessary and appropriate for purposes of this article, the level of supervision, whether direct supervision, immediate supervision, or indirect supervision, that is required by the licensed veterinarian for any delegated animal health care task. (b) Specifically and without limitation, the board may take disciplinary action against a registered veterinary technician if the technician:
(1) Solicits patients from a licensed veterinarian; (2) Solicits or receives any form of compensation from any person for veterinary services rendered other than from the licensed veterinarian or corporation under whom the registered technician is employed; (3) Willfully or negligently divulges a professional confidence or discusses a licensed veterinarian's diagnosis or treatment without the express permission of the licensed veterinarian; or (4) Demonstrates a manifest incapability or incompetence to perform as a registered veterinary technician. (c) A veterinary technician may not be utilized in any manner which would be in violation of this article. (d) A veterinary technician shall not be utilized to perform the duties of a pharmacist licensed under Chapter 4 of Title 26.
43-50-55. (a) Any licensed veterinarian, animal clinic, or animal hospital using registered veterinary technicians shall post a notice to that effect in a prominent place. (b) A registered veterinary technician must clearly identify himself or herself as such in order to ensure that he or she is not mistaken by the public as a licensed veterinarian. This may be accomplished, for example, by the wearing of an appropriate name tag. Any time the registered veterinary technician's name appears in a professional setting, his or her status must be shown as 'registered veterinary technician.'
(c)( 1) No licensed veterinarian shall have more than four registered veterinary technicians on duty under his or her supervision at any one time.

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(2) No licensed veterinarian shall practice veterinary medicine at a veterinary facility when the number of registered veterinary technicians employed at such veterinary facility exceeds the number of licensed veterinarians regularly engaged in the practice of veterinary medicine at such veterinary facility by a ratio of more than 2:1. (3) The provisions of paragraphs (1) and (2) of this subsection shall not apply to any licensed veterinarian engaged in a specialty practice if he or she is certified for such specialty practice by a college approved for such purpose by the American Veterinary Medical Association or its successor organization; provided, however, that no such licensed veterinarian shall engage in such specialty practice at a veterinary facility when the number of registered veterinary technicians employed at such veterinary facility exceeds the number of licensed veterinarians regularly engaged in a specialty practice of veterinary medicine at such veterinary facility by a ratio of more than 5:1.
43-50-56. A veterinarian who utilizes a registered veterinary technician shall be responsible for any violation of any limitations which are placed on the duties of a registered veterinary technician.
ARTICLE 4
43-50-60. Any person who gratuitously and in good faith administers emergency treatment to a sick or injured animal at the scene of an accident or emergency shall not be in violation of this chapter and shall not be liable to the owner of such animal in any civil action for damages; provided, however, that this Code section shall not provide immunity for acts of gross negligence."
PART II SECTION 2-1.
Said title is further amended by striking subsection (a) of Code Section 43-50-20 of the Official Code of Georgia Annotated, relating to creation of the State Board of Veterinary Medicine and its members, meetings, and officers, and inserting in lieu thereof the following:
"(a) There shall be a State Board of Veterinary Medicine, the members of which shall be appointed by the Governor with the approval of the Secretary of State and confirmation by the Senate. The board shall consist of seven members, each appointed for a term of five years or until his or her successor is appointed. Five members of the board shall be duly licensed veterinarians actually engaged in active practice for at least five years prior to appointment. The sixth member shall be appointed from the public at large and shall in no way be connected with the practice of veterinary medicine. The seventh member shall be a registered veterinary technician who has been registered and actively engaged in the

636______GENERAL ACTS AND RESOLUTIONS, VOL. I_______
practice of veterinary technology for at least five years prior to appointment. The initial appointment of the veterinary technician shall expire on June 30 in the fifth calendar year after this subsection becomes effective; thereafter, successors shall be appointed for a term of five years. Those members of the State Board of Veterinary Medicine serving on the effective date of this subsection shall continue to serve as members of the board until the expiration of the term for which they were appointed. Thereafter, successors to such board members shall be appointed in accordance with this Code section."
SECTION 2-2. Said title is further amended by striking subsection (d) of Code Section 43-50-26, relating to renewal of licenses, and inserting in lieu thereof the following:
"(d)(l) The board shall establish programs of continuing professional veterinary medical education and continuing veterinary technology education for the renewal of veterinary licenses and veterinary technician registrations. Notwithstanding any other provision of this article, no license to practice veterinary medicine or veterinary technology shall be renewed by the board or the division director until the licensed veterinarian or registered veterinary technician submits to the board satisfactory proof of his or her participation, during the biennium preceding his or her application for renewal, in approved programs of continuing education, as defined in this Code section. The amount of continuing veterinary medical education required of licensed veterinarians by the board under this paragraph shall not be less than 30 hours and shall be established by board rule. (2) Continuing professional veterinary medical education or continuing veterinary technology education shall consist of educational programs providing training pertinent to the practice of veterinary medicine or veterinary technology and approved by the board under this Code section. The board may approve educational programs for persons practicing veterinary medicine or veterinary technology in this state on a reasonable nondiscriminatory fee basis and may contract with institutions of higher learning, professional organizations, or qualified individuals for the provision of approved programs. In addition to such programs, the board may allow the continuing education requirement to be fulfilled by the completion of approved distance learning courses, with the number of hours being established by board rule. (3) The board may, consistent with the requirements of this Code section, promulgate rules and regulations to implement and administer this Code section, including the establishment of a committee to prescribe standards, approve and contract for educational programs, and set the required minimum number of hours per year."
SECTION 2-3. Said title is further amended by adding a new article in Chapter 50, relating to veterinarians and veterinary technicians, to read as follows:

_____________GEORGIA LAWS 2003 SESSION___________637
"ARTICLE 5
43-50-70. (a) The board shall work cooperatively with licensed veterinarians to establish standards for veterinary facilities and equipment and shall promulgate rules for same. (b) The board shall have the authority to establish a method to monitor veterinary facilities, conduct investigations and hold proceedings related to alleged violations, and take necessary enforcement action against the license of a veterinarian for violations of rules promulgated under subsection (a) of this Code section.
43-50-71. This article shall not apply to any facility owned by the federal, state, or any local government, a public or private college or university, or a zoological park or aquarium that is accredited by the American Zoo and Aquarium Association or other substantially equivalent nationally recognized accrediting agency as determined by the board."
PART III SECTION 3-1.
(a) This part and Part I of this Act shall become effective on July 1, 2003, except that the provisions of subsection (b) of Code Section 43-50-30 as enacted by Part I of this Act shall become effective July 1, 2005. (b) Part II of this Act shall become effective only upon the effective date of an appropriation of funds for purposes of said part of this Act as expressed in a line item making specific reference to full funding of this Act in an appropriations Act enacted by the General Assembly.
SECTION 3-2. All laws and parts of laws in conflict with this Act are repealed.
Approved June 3, 2003.
REVENUE - MILITARY INCOME; EXEMPTION.
No. 258 (House Bill No. 383).
AN ACT
To amend Code Section 48-7-27 of the Official Code of Georgia Annotated, relating to computation of taxable net income, so as to provide that military income

638______GENERAL ACTS AND RESOLUTIONS, VOL. I_________
received by a member of the national guard or any reserve component of the armed services of the United States stationed in a combat zone as a result of military orders shall not be subject to state income tax; to provide for conditions and limitations; to provide an effective date; to provide for applicability; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Code Section 48-7-27 of the Official Code of Georgia Annotated, relating to computation of taxable net income, is amended in subsection (a) by striking "and" at the end of paragraph (10), by striking the period at the end of paragraph (11) and inserting in its place"; and", and by adding a new paragraph immediately following paragraph (11) to be designated paragraph (12) to read as follows:
"(12) Military income received by a member of the national guard or any reserve component of the armed services of the United States stationed in a combat zone pursuant to military orders. The exclusion provided under this paragraph:
(A) Shall apply with respect to each taxable year, or portion thereof, covered by such military orders; and (B) Shall apply only with respect to such member of the national guard or any reserve component of the armed forces and only with respect to military income earned during the period covered by such military orders."
SECTION 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval and shall be applicable to all taxable years beginning on or after January 1, 2003.
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.
Approved June 3, 2003.
RETIREMENT - GEORGIA MILITARY PENSION FUND; PRIOR SERVICE.
No. 267 (House Bill No. 461).
AN ACT
To amend Chapter 24 of Title 47, relating to the Georgia Military Pension Fund, so as to clarify provisions relating to the use of prior service as credit in such

_____________GEORGIA LAWS 2003 SESSION___________639
retirement fund which the member may also use to calculate a benefit under a military pension; to provide that certain ordered active duty shall not constitute a break in service; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Chapter 24 of Title 47, relating to the Georgia Military Pension Fund, is amended by striking in its entirety Code Section 47-24-82, relating to exceptions to the grant of creditable service, and inserting in lieu thereof the following:
"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 shall be used as creditable service under this pension fund. (b) 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."
SECTION 2. Said chapter is further amended by striking in its entirety paragraph (3) of subsection (a) of Code Section 47-24-100, relating to eligibility for retirement under such retirement fund, effective date, and application, and inserting in lieu thereof the following:
"(3) Served at least ten consecutive years as a member of the Georgia National Guard immediately before discharge; provided, however, for purposes of this paragraph, activation of a Georgia National Guard member into any of the regular components of the armed forces shall not constitute a break in service; and"
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.
Approved June 3, 2003.

640______GENERAL ACTS AND RESOLUTIONS, VOL. I________
COURTS - JUVENILE PROCEEDINGS; CHILD DEFINITION.
No. 268 (House Bill No. 470).
AN ACT
To amend Code Section 15-11-2 of the Official Code of Georgia Annotated, relating to definitions relative to juvenile proceedings, so as to change a definition; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Code Section 15-11-2 of the Official Code of Georgia Annotated, relating to definitions relative to juvenile proceedings, is amended by striking paragraph (2), and inserting in its place the following:
"(2) 'Child' means any individual who is: (A) Under the age of 17 years; (B) Under the age of 21 years, who committed an act of delinquency before reaching the age of 17 years, and who has been placed under the supervision of the court or on probation to the court; or (C) Under the age of 18 years, if alleged to be a 'deprived child' or a 'status offender' as defined by this Code section."
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.
Approved June 3, 2003.
INSURANCE - HOUSING TAX CREDITS.
No. 273 (House Bill No. 537).
AN ACT
To amend Code Section 33-1-18 of the Official Code of Georgia Annotated, relating to housing tax credits with respect to certain qualified projects, so as to change certain provisions regarding credit amounts; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

____________GEORGIA LAWS 2003 SESSION__________641
SECTION 1. Code Section 33-1-18 of the Official Code of Georgia Annotated, relating to housing tax credits with respect to certain qualified projects, is amended by striking paragraph (3) of subsection (b) and inserting in its place a new paragraph (3) to read follows:
"(3) In no event shall the total amount of the tax credit under this Code section for a taxable year exceed the taxpayer's tax liability under Code Sections 33-5-31, 33-8-4, and 33-40-5. Any unused tax credit shall be allowed to be carried forward to apply to the taxpayer's next three succeeding years' tax liability. No such tax credit shall be allowed the taxpayer against prior years' tax liability."
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 June 3, 2003.
INSURANCE - INSURANCE FRAUD.
No. 276 (House Bill No. 598).
AN ACT
To amend Code Section 33-1-9 of the Official Code of Georgia Annotated, relating to insurance fraud, so as to provide that persons who, as an agent or representative, solicit, negotiate, procure, or effectuate insurance coverage on behalf of an insurer who is not authorized to do business in this state or take certain actions with regard to such insurance commit insurance fraud; to provide that any person who with intent to defraud subscribes, makes, or concurs in making an annual or other statement required by law to be filed with the commissioner containing a false material statement commits insurance fraud; to provide for applicability; 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:

642______GENERAL ACTS AND RESOLUTIONS, VOL. I________
SECTION 1. Code Section 33-1-9 of the Official Code of Georgia Annotated, relating to insurance fraud, is amended by striking the Code section and inserting in lieu thereof a new Code Section 33-1-9 to read as follows:
"33-1-9.
(a) Any natural person who knowingly or willfully: (1) Makes or aids in the making of any false or fraudulent statement or representation of any material fact or thing: (A) In any written statement or certificate; (B) In the filing of a claim; (C) In the making of an application for a policy of insurance; (D) In the receiving of such an application for a policy of insurance; or (E) In the receiving of money for such application for a policy of insurance for the purpose of procuring or attempting to procure the payment of any false or fraudulent claim or other benefit by an insurer; (2) Receives money for the purpose of purchasing insurance and converts such money to such person's own benefit; (3) Issues fake or counterfeit insurance policies, certificates of insurance, insurance identification cards, or insurance binders; or (4) Makes any false or fraudulent representation as to the death or disability of a policy or certificate holder in any written statement or certificate for the purpose of fraudulently obtaining money or benefit from an insurer commits the crime of insurance fraud.
(b) Any natural person who knowingly and willfully or with reckless disregard engages in the following activities, either directly or indirectly, as an agent for, as a representative of, or on behalf of an insurer not authorized to transact insurance in this state commits the crime of insurance fraud:
(1) Soliciting, negotiating, procuring, or effectuating insurance or annuity contracts or renewals thereof; (2) Soliciting, negotiating, procuring, or effectuating any contract relating to benefits or services; (3) Disseminating information as to coverage or rates; (4) Forwarding applications; (5) Delivering policies or contracts; (6) Inspecting or assessing risk; (7) Fixing of rates; (8) Investigating or adjusting claims or losses; (9) Collecting or forwarding of premiums; or (10) In any other manner representing or assisting such an insurer in the transaction of insurance with respect to subjects of insurance resident, located, or to be performed in this state. (c) Any natural person who knowingly and willfully with intent to defraud subscribes, makes, or concurs in making any annual or other statement required by law to be filed with the commissioner containing any material statement which is false commits the crime of insurance fraud.

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(d) In any prosecution under this Code section, the crime shall be considered as having been committed in the county of the purported loss, in the county in which the insurer or the insurer's agent received the fraudulent or false claim or application, in the county in which money was received for the fraudulent application, or in any county where any act in furtherance of the criminal scheme was committed. (e) A person convicted of a violation of subsection (a) of this Code section shall be guilty of a felony and shall be punished by imprisonment for not less than two nor more than ten years, or by a fine of not more than $10,000.00, or both. (f) Subsection (b) of this Code section shall not apply to a contract of insurance entered into in accordance with Article 2 of Chapter 5 of this title."
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 June 3, 2003.
BANKS- LICENSURE; CHECK CASHING BUSINESSES.
No. 287 (House Bill No. 680).
AN ACT
To amend Article 4A of Chapter 1 of Title 7 of the Official Code of Georgia Annotated, relating to cashing checks, drafts, or money orders for consideration, so as to change the exemption requirement for licensure for certain businesses that are engaged in check cashing; 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 4A of Chapter 1 of Title 7 of the Official Code of Georgia Annotated, relating to cashing checks, drafts, or money orders for consideration, is amended by striking paragraph (1) of subsection (b) of Code Section 7-1-709, relating to applicability of the article, and inserting in its place the following:
"(1) Incidental to the retail sale of goods or services for a consideration of not more than 2 percent of the face amount of the check, draft, or money order or

644_______GENERAL ACTS AND RESOLUTIONS, VOL. I_________
$2.00 per check, draft, or money order, whichever is greater, and where the aggregate gross income received by such person, partnership, association, or corporation as consideration for the cashing of checks does not exceed $25,000.00 per annum for each business location; or"
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.
Approved June 3, 2003.
INSURANCE - GEORGIA VEHICLE PROTECTION PRODUCT ACT.
No. 290 (House Bill No. 688).
AN ACT
To amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to enact the "Georgia Vehicle Protection Product Act"; to provide for a short title; to provide for definitions; to provide for scope and exemptions; to provide for registration and filing requirements of warrantors; to provide for financial responsibility; to provide for warranty reimbursement policy requirements; to provide for disclosure to warranty holder; to provide for warranty cancellation; to provide for prohibited acts; to provide for record keeping; to provide for sanctions and administrative penalties; to provide for rulemaking power; to provide for applicability; 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 33 of the Official Code of Georgia Annotated, relating to insurance, is amended by adding a new Chapter 34A to read as follows:
"CHAPTER 34A
33-34A-1. This Act shall be known and may be cited as the 'Georgia Vehicle Protection Product Act.'

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33-34A-2. (1) 'Administrator' means a third party other than the warrantor who is designated by the warrantor to be responsible for the administration of vehicle protection product warranties. (2) 'Department' means the Department of Insurance. (3) 'Commissioner' means the Commissioner of Insurance. (4) 'Service contract' means a contract or agreement as defined under Code Section 33-7-6. (5) 'Incidental costs' means expenses specified in the warranty incurred by the warranty holder related to the failure of the vehicle protection product to perform as provided in the warranty. Incidental costs may include, without limitation, insurance policy deductibles, rental vehicle charges, the difference between the actual value of the stolen vehicle at the time of theft and the cost of a replacement vehicle, sales taxes, registration fees, transaction fees, and mechanical inspection fees. (6) 'Vehicle protection product' means a vehicle protection device, system, or service that: (A) Is installed on or applied to a vehicle; (B) Is designed to prevent loss or damage to a vehicle from a specific cause; and (C) Includes a written warranty. For purposes of this chapter, the term 'vehicle protection product' shall include, without limitation, alarm systems, body part marking products, steering locks, window etch products, pedal and ignition locks, fuel and ignition kill switches, and electronic, radio, and satellite tracking devices. (7) 'Vehicle protection product warranty' or 'warranty' means, for the purposes of this chapter, a written agreement by a warrantor that provides that if the vehicle protection product fails to prevent loss or damage to a vehicle from a specific cause, then the warranty holder shall be paid specified incidental costs by the warrantor as a result of the failure of the vehicle protection product to perform pursuant to the terms of the warranty. (8) 'Vehicle protection product warrantor' or 'warrantor' for the purposes of this chapter means a person who is contractually obligated to the warranty holder under the terms of the vehicle protection product warranty agreement. 'Warrantor' does not include an authorized insurer. (9) 'Warranty holder' for the purposes of this chapter means the person who purchases a vehicle protection product or who is a permitted transferee. (10) 'Warranty reimbursement insurance policy' means a policy of insurance that is issued to the vehicle protection product warrantor to provide reimbursement to the warrantor or to pay on behalf of the warrantor all covered contractual obligations incurred by the warrantor under the terms and conditions of the insured vehicle protection product warranties sold by the warrantor.

646______GENERAL ACTS AND RESOLUTIONS, VOL. I________
33-34A-3. (a) No vehicle protection product may be sold or offered for sale in this state unless the seller, warrantor, and administrator, if any, comply with the provisions of this chapter. (b) Vehicle protection product warrantors and related vehicle protection product sellers and warranty administrators complying with this chapter are not required to comply with and are not subject to any other provision of this title. (c) Service contract providers who do not sell vehicle protection products are not subject to the requirements of this chapter and sales of vehicle protection products are exempt from the requirements of Code Section 33-7-6. (d) Warranties, indemnity agreements, and guarantees that are not provided as a part of a vehicle protection product are not subject to the provisions of this chapter. (e) Vehicle manufacturers shall not be subject to any of the provisions of this chapter.
33-34A-4. (a) A person may not operate as a warrantor or represent to the public that the person is a warrantor unless the person is registered with the department on a form prescribed by the Commissioner. (b) Warrantor registration records shall be filed annually and shall be updated within 30 days of any change. The registration records shall contain the following information:
(1) The warrantor's name, any fictitious names under which the warrantor does business in the state, principal office address, and telephone number; (2) The name and address of the warrantor's agent for service of process the state if other than the warrantor; (3) The names of the warrantor's executive officer or officers directly responsible for the warrantor's vehicle protection product business; (4) The name, address, and telephone number of any administrators designated by the warrantor to be responsible for the administration of vehicle protection product warranties in this state; (5) A copy of the warranty reimbursement insurance policy or policies or other financial information required by Code Section 33-34-5; and (6) A copy of each warranty the warrantor proposes to use in this state. (c) The Commissioner may charge each registrant a reasonable fee to offset the cost of processing the registration and maintaining the records in an amount not to exceed $750.00 annually. The information in paragraphs (1) and (2) of subsection (b) of this Code section shall be made available to the public. (d) If a registrant fails to register by the renewal deadline, the Commissioner shall give him or her written notice of the failure and the registrant will have 30 days to complete the renewal of his or her registration before he or she is suspended from being registered in this state. (e) An administrator or person who sells or solicits a sale of a vehicle protection product but who is not a warrantor shall not be required to register as a warrantor

____________GEORGIA LAWS 2003 SESSION___________647
or be licensed under the insurance laws of this state to sell vehicle protection products.
33-34A-5. No vehicle protection product shall be sold or offered for sale in this state unless the vehicle protection product warrantor is insured under warranty insurance policy meeting the following conditions in order to ensure adequate performance under the warranty:
(1) The warranty reimbursement insurance policy is issued by an insurer authorized to do business in this state and provides that the insurer will pay to, or on behalf of, the warrantor 100 percent of all sums that the warrantor is legally obligated to pay according to the warrantor's contractual obligations under the warrantor's vehicle protection product warranty; (2) A true and correct copy of the warranty reimbursement insurance policy has been filed with the Commissioner by the warrantor; and (3) The policy contains the provision required in Code Section 33-34A-6. No other financial security requirements or financial standards for warrantors shall be required.
33-34A-6. No warranty reimbursement insurance policy shall be issued, sold, or offered for sale in this state unless the policy meets the following conditions:
(1) The policy states that the issuer of the policy will reimburse or pay on behalf of the vehicle protection product warrantor all covered sums which the warrantor is legally obligated to pay or will provide that all service that the warrantor is legally obligated to perform according to the warrantor's contractual obligations under the provisions of the insured warranties sold by the warrantor; (2) The policy states that in the event payment due under the terms of the warranty is not provided by the warrantor within 60 days after proof of loss has been filed according to the terms of the warranty by the warranty holder, the warranty holder may file directly with the warranty reimbursement insurance company for reimbursement; (3) The policy provides that a warranty reimbursement insurance company that insures a warranty shall be deemed to have received payment of the premium if the warranty holder paid for the vehicle protection product and insurer's liability under the policy shall not be reduced or relieved by a failure of the warrantor, for any reason, to report the issuance of a warranty to the insurer; and (4) The policy has the following provisions regarding cancellation of the policy:
(A) The issuer of a reimbursement insurance policy shall not cancel such policy until a notice of cancellation in writing has been mailed or delivered to the Commissioner and each insured warrantor;

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(B) The cancellation of a reimbursement insurance policy shall not reduce the issuer's responsibility for vehicle protection products sold prior to the date of cancellation; and (C) In the event an insurer cancels a policy that a warrantor has filed with the Commissioner, the warrantor shall do either of the following:
(i) File a copy of a new policy with the Commissioner, before the termination of the prior policy, provided that there is no lapse in coverage following the termination of the prior policy; or (ii) Discontinue acting as a warrantor as of the termination date of the policy until a new policy becomes effective and is accepted by the Commissioner.
33-34A-7. (a) Every vehicle protection product warranty shall be written in clear, understandable language and shall be printed or typed in an easy-to-read point size and font and shall not be sold or offered for sale in the state unless the warranty:
(1) Conspicuously states that the obligations of the warrantor to the warranty holder are guaranteed under a warranty reimbursement insurance policy; (2) Conspicuously states that in the event a warranty holder must make a claim against a party other than the warranty reimbursement insurance policy issuer, the warranty holder is entitled to make a direct claim against the insurer upon the failure of the warrantor to pay any claim or meet any obligation under the terms of the warranty within 60 days after proof of loss has been filed with the warrantor; (3) Conspicuously states the name and address of the issuer of the warranty reimbursement insurance policy. This information need not be preprinted on the warranty form but may be stamped on the warranty; (4) Identifies the warrantor, the seller, and the warranty holder; (5) Sets forth the total purchase price and the terms under which it is to be paid; however, the purchase price is not required to be preprinted on the vehicle protection product warranty and may be negotiated with the consumer at the time of sale; (6) Sets forth the procedure for making a claim, including a telephone number; (7) Conspicuously states the existence of a deductible amount, if any; (8) Specifies the payments or performance to be provided under the warranty including payments for incidental costs, the manner of calculation or determination of payments or performance, and any limitations, exceptions, or exclusions; (9) Sets forth the conditions on which substitution will be allowed; (10) Conspicuously sets forth all of the obligations and duties of the warranty holder such as the duty to protect against any further damage to the vehicle, the obligation to notify the warrantor in advance of any repair, or other similar requirements, if any;

_____________GEORGIA LAWS 2003 SESSION___________649
(11) Sets forth any terms, restrictions, or conditions governing transferability of the warranty, if any; and (12) Contains a disclosure that reads substantially as follows: This agreement is a product warranty and is not insurance.' (b) At the time of sale, the seller or warrantor shall provide to the purchaser: (1) A copy of the vehicle protection product warranty; or (2) A receipt or other written evidence of the purchase of the vehicle protection product and a copy of the warranty within 30 days of the date of purchase.
33-34A-8. (a) No vehicle protection product may be sold or offered for sale in this state unless the vehicle protection product warranty clearly states the terms and conditions governing the cancellation of the sale and warranty, if any. (b) The warrantor may only cancel the warranty if the warranty holder does any of the following:
(1) Fails to pay for the vehicle protection product; (2) Makes a material misrepresentation to the seller or warrantor; (3) Commits fraud; or (4) Substantially breaches the warranty holder's duties under the warranty. (c) A warrantor canceling a warranty shall mail written notice of cancellation to the warranty holder at the last address of the warranty holder in the warrantor's records at least 30 days prior to the effective date of the cancellation. The notice shall state the effective date of the cancellation and the reason for the cancellation.
33-34A-9. (a) Unless licensed as an insurance company, a vehicle protection product warrantor shall not use in its name, contracts, or literature the words 'insurance,1 'casualty,' 'surety,' 'mutual,' or any other word that is descriptive of the insurance, casualty, or surety business or that is deceptively similar to the name or description of any insurance or surety corporation or any other vehicle protection product warrantor. A warrantor may use the term 'guaranty' or a similar word in the warrantor's name. (b) A vehicle protection product warrantor shall not make, permit, or cause any false or misleading statements, either oral or written, in connection with the sale, offer to sell, or advertisement of a vehicle protection product. (c) A vehicle protection product warrantor shall not permit or cause the omission of any material statement in connection with the sale, offer to sell, or advertisement of a vehicle protection product, which under the circumstances should have been made in order to make the statements that were made not misleading. (d) A vehicle protection product warrantor shall not make, permit, or cause any false or misleading statements, either oral or written, about the performance

650______GENERAL ACTS AND RESOLUTIONS, VOL. I_______
required or payments that may be available under the vehicle protection product warranty. (e) A vehicle protection product warrantor shall not make, permit, or cause any statement or practice that has the effect of creating or maintaining a fraud. (f) A bank, savings and loan association, insurance company, or other lending institution shall not require the purchase of a vehicle protection product as a condition of a loan. (g) A vehicle protection product seller or warrantor may not require as a condition of sale or financing that a retail purchaser of a motor vehicle purchase a vehicle protection product that is not installed on the motor vehicle at the time of sale.
33-34A-10. (a) All vehicle protection product warrantors shall keep accurate accounts, books, and records concerning transactions regulated under this chapter. (b) A vehicle protection product warrantor's accounts, books, and records shall include:
(1) Copies of all vehicle protection product warranties; (2) The name and address of each warranty holder; and (3) The dates, amounts, and descriptions of all receipts, claims, and expenditures. (c) A vehicle protection product warrantor shall retain all required accounts, books, and records pertaining to each warranty holder for at least two years after the specified period ofcoverage has expired. A warrantor discontinuing business in the state shall maintain its records until it furnishes the Commissioner satisfactory proof that is has discharged all obligations to warranty holders in this state. (d) Vehicle protection product warrantors shall make all accounts, books, and records concerning transactions regulated under this chapter available to the Commissioner for the purpose of examination.
33-34A-11. (a) The Commissioner may conduct examinations of warrantors, administrators, or other persons to enforce this chapter and protect warranty holders in this state. Upon request of the Commissioner, a warrantor shall make available to the Commissioner all accounts, books, and records concerning vehicle protection products sold by the warrantor that are necessary to enable the Commissioner to reasonably determine compliance or noncompliance with this chapter. (b) The Commissioner may take action that is necessary or appropriate to enforce the provisions of this chapter and the Commissioner's rules and orders and to protect warranty holders in this state. If a warrantor engages in a pattern or practice of conduct that violates this chapter and that the Commissioner reasonably believes threatens to render the warrantor insolvent or cause irreparable loss or injury to the property or business of any person or company located in this state, the Commissioner may:

____________GEORGIA LAWS 2003 SESSION___________651
(1) Issue an order directed to that warrantor to cease and desist from engaging in further acts, practices, or transactions that are causing the conduct; (2) Issue an order prohibiting that warrantor from selling or offering for sale service contracts in violation of this chapter; (3) Issue an order imposing a civil penalty on that warrantor; or (4) Issue any combination of paragraphs (1) through (3) of this subsection, as applicable. (c) Prior to the effective date of any order issued pursuant to this Code section, the Commissioner must provide written notice of the order to the warrantor and the opportunity for a hearing to be held within ten business days after receipt of the notice, except that prior notice and hearing shall not be required if the Commissioner reasonably believes that the warrantor has become, or is about to become, insolvent. (d) A person aggrieved by an order issued under this Code section may request a hearing before the Commissioner. The hearing request shall be filed with the Commissioner within 20 days after the date the Commissioner's order is effective, and the Commissioner must hold such a hearing within 15 days after receipt of the hearing request. (e) At the hearing, the burden shall be on the Commissioner to show why the order issued pursuant to this Code section is justified. The provisions of Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' shall apply to a hearing request under this Code section. (f) The Commissioner may bring an action in any court of competent jurisdiction for an injunction or other appropriate relief to enjoin threatened or existing violations of this chapter or of the Commissioner's orders or rules. An action filed under this Code section also may seek restitution on behalf of persons aggrieved by a violation of this chapter or orders or rule of the Commissioner. (g) A person who is found to have violated this chapter or orders or rules of the Commissioner may be ordered to pay to the Commissioner a civil penalty in an amount, determined by the Commissioner, of not more than $500.00 per violation and not more than $10,000.00 in the aggregate for all violations of a similar nature. For purposes of this Code section, violations shall be of a similar nature if the violation consists of the same or similar course of conduct, action, or practice, irrespective of the number of times the conduct, action, or practice that is determined to be a violation of this chapter occurred.
33-34A-12. The Commissioner may adopt such administrative rules consistent with the provisions of the chapter as are necessary to implement them. Such rules and regulations shall include disclosures for the benefit of the warranty holder, record keeping, and procedures for public complaints. Such rules and regulations shall also include the conditions under which surplus lines insurers may be rejected for the purpose of underwriting vehicle protection product warranty agreements.

652_______GENERAL ACTS AND RESOLUTIONS, VOL. I________
33-34A-13. This chapter applies to all service contracts sold or offered for sale on or after the effective date of this chapter. The failure of any person to comply with this chapter prior to its effective date shall not be admissible in any court proceeding, administrative proceeding, arbitration, or alternative dispute resolution proceeding and may not otherwise be used to prove that the action of any person or the affected vehicle protection product was unlawful or otherwise improper."
SECTION 2. This Act shall become effective on January 1, 2004.
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.
Approved June 3, 2003.
DOMESTIC RELATIONS - FAMILY VIOLENCE ORDERS; TEMPORARY PROTECTIVE ORDERS.
No. 298 (House Bill No. 722).
AN ACT
To amend Article 7 of Chapter 5 of Title 16 and Chapter 13 of Title 19 of the Official Code of Georgia Annotated, relating respectively to stalking and family violence, so as to create a new offense relative to violating family violence orders and clarify penalties; to change the duration of temporary protective orders; to provide for penalties; 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 7 of Chapter 5 of Title 16 of the Official Code of Georgia Annotated, relating to stalking, is amended by adding a new Code section to the end of the article to read as follows:
"16-5-95. (a) A person commits the offense of violating a family violence order when the person knowingly and in a nonviolent manner violates the terms of a family violence temporary restraining order, temporary protective order, permanent restraining order, or permanent protective order issued against that person pursuant to Article 1 of Chapter 13 of Title 19, which:

_____________GEORGIA LAWS 2003 SESSION___________653
(1) Excludes, evicts, or excludes and evicts the person from a residence or household; (2) Directs the person to stay away from a residence, workplace, or school; (3) Restrains the person from approaching within a specified distance of another person; or (4) Restricts the person from having any contact, direct or indirect, by telephone, pager, facsimile, e-mail, or any other means of communication with another person, except as specified in the order. (b) Any person convicted of a violation of subsection (a) of this Code section shall be guilty of a misdemeanor. (c) Nothing contained in this Code section shall prohibit a prosecution for the offense of stalking or aggravated stalking that arose out of the same course of conduct; provided, however, that, for purposes of sentencing, a violation of this Code section shall be merged with a violation of any provision of Code Section 16-5-90 or 16-5-91 that arose out of the same course of conduct."
SECTION 2. Chapter 13 of Title 19 of the Official Code of Georgia Annotated, relating to family violence, is amended by striking subsection (c) of Code Section 19-13-4, relating to protective orders and consent agreements, issuance, expiration, and enforcement, and inserting in lieu thereof the following:
"(c) Any order granted under this Code section shall remain in effect for up to one year; provided, however, that upon the motion of a petitioner and notice to the respondent and after a hearing, the court in its discretion may convert a temporary order granted under this Code section to an order effective for not more than three years or to a permanent order."
SECTION 3.
Said chapter is further amended by striking Code Section 19-13-6, relating to penalties for violating certain family violence protective orders, and inserting in lieu thereof the following:
"19-13-6. A violation of an order issued pursuant to this article may be punished by an action for contempt or criminally punished as provided in Article 7 of Chapter 5 of Title 16."
SECTION 4. All laws and parts of laws in conflict with this Act are repealed.
Approved June 3, 2003.

654______GENERAL ACTS AND RESOLUTIONS, VOL. I______
GAME AND FISH - LICENCES; WEAPONS; DISCLOSURE; DOGS; ALLIGATORS; FERAL HOGS.
No. 311 (House Bill No. 815).
AN ACT
To amend Title 27 of the Official Code of Georgia Annotated, relating to game and fish, so as to regulate the taking of certain wildlife; to change certain provisions relating to definitions; to change certain provisions relating to rules and regulations used to establish criminal violations; to change certain provisions relating to effective dates of hunting, fishing, and trapping licenses generally; to change certain provisions relating to licenses for archery and primitive weapons hunting, all weapons hunting licenses, license card carrier requirement, and lifetime sportsman's licenses; to repeal a provision relative to the disclosure of certain personal information; to change certain provisions relating to trout, big game, and official Georgia waterfowl licenses; to change certain provisions relating to license, permit, tag, and stamp fees; to change certain provisions relating to hunting at night; to change certain provisions relating to legal weapons for hunting wildlife generally; to change certain provisions relating to hunting of wildlife or feral hogs from boats, aircraft, or motor vehicles; to change certain provisions relating to hunting deer with dogs; to change certain provisions relating to hunting of alligators and possession of alligator products; to repeal certain provisions relating to taking, capturing, and killing diamondback terrapins; to provide effective dates; 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 paragraph (3) of Code Section 27-1-2, relating to definitions, and inserting in lieu thereof the following:
"(3) 'Alligator product1 means any product or article made, either wholly or in part, from any part of the hide of an alligator or alligator meat or any other part of an alligator carcass."
SECTION 2. Said title is further amended by striking 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

_____________GEORGIA LAWS 2003 SESSION___________655
mean those rules and regulations of the Board of Natural Resources in force and effect on October 1, 2003."
SECTION 3. Said title is further amended by striking Code Section 27-2-3, relating to effective dates of hunting, fishing, and trapping licenses generally, and inserting in lieu thereof the following:
"27-2-3. Except as otherwise specifically provided, all hunting, fishing, and trapping licenses, including without limitation commercial fishing and commercial fishing boat licenses issued pursuant to Code Section 27-2-8, shall be effective from April 1 to March 31 of the following year; except that all annual hunting, fishing, and hunting and fishing combination licenses pursuant to paragraphs (1) through (4) of Code Section 27-2-23 shall be effective for 12 months from the date of issuance."
SECTION 4. Said title is further amended by striking subsection (b) of Code Section 27-2-3.1, relating to licenses for archery and primitive weapons hunting, all weapons hunting licenses, license card carrier requirement, and lifetime sportsmen's licenses, and inserting in lieu thereof the following:
"(b) Reserved."
SECTION 5. Said title is further amended by striking subsection (c) of Code Section 27-2-3.1, relating to licenses for archery and primitive weapons hunting, all weapons hunting licenses, license card carrier requirement, and lifetime sportsmen's licenses, and inserting in lieu thereof the following:
"(c) The requirements in this title for procuring any license or permit for noncommercial hunting and fishing privileges, except for hunting alligators, shall be satisfied by a resident who procures a sportsman license. An applicant for such license shall, prior to the issuance of the license, complete a screening questionnaire associated with the federal Migratory Bird Harvest Information Program."
SECTION 6. Said title is further amended by striking Code Section 27-2-6, relating to trout, big game, and official Georgia waterfowl licenses, and inserting in lieu thereof the following:
"27-2-6. (a) It shall be unlawful for any person who has attained the age of 16 years to fish for or possess mountain trout or to fish in any waters designated as trout waters or trout streams pursuant to Code Section 27-4-51 unless such person has in his or her possession a trout license in addition to his or her fishing license.

656______GENERAL ACTS AND RESOLUTIONS, VOL. I______

(b) It shall be unlawful for any person who has attained the age of 16 years to hunt or possess big game unless such person has in his or her possession a big game license in addition to the required hunting license; provided, however, that all nonresidents, regardless of age, must possess a nonresident hunting license along with any harvest records required by law or regulation to hunt big game in this state. (c) It shall be unlawful for any person who has attained the age of 16 years to hunt ducks, geese, or swans unless such person has in his or her possession an official Georgia waterfowl license in addition to the required hunting license. (d) It shall be unlawful for any person who has attained the age of 16 years to hunt alligators unless such person has in his or her possession an alligator hunting license in addition to the required hunting license; provided, however, that this subsection shall not apply to lifetime license holders. (e) No resident of this state shall be required to obtain a trout license, official Georgia waterfowl license, or big game license to hunt, fish, or trap on premises owned by him or her or his or her immediate family. (f) Any visitor to a state park, whether a resident or nonresident of Georgia, shall not be required to purchase a trout license when fishing in impounded waters on lands owned or leased by the department."

SECTION 7A. Said title is further amended by striking Code Section 27-2-23, relating to license, permit, tag, and stamp fees, and inserting in lieu thereof the following:
"27-2-23.
Fees for licenses, permits, tags, and stamps required by this title shall be as follows:
(1) Hunting licenses:

(A) Resident hunting license

Annual

$ 10.00

(B) Nonresident hunting license

Annual

59.00

(C) Nonresident hunting license

Seven-day

25.00

(D) Hunting license, valid for residents

and nonresidents

One-day

5.50

(E) Resident big game license

Annual

9.00

(F) Nonresident big game license

Annual

118.00

(G) Nonresident shooting preserve hunting license

Season

12.00

(H) Commercial fox hunting preserve license

Season

60.00

GEORGIA LAWS 2003 SESSION

(I) Commercial fox breeder license

Season

(J) Waterfowl license valid for residents and nonresidents

Annual

(K) Georgia migratory bird license

Annual

(L) Resident primitive weapons license

Annual

(M) Nonresident primitive weapons license Annual

(2) Resident hunting/fishing license

Annual

(3) Resident sportsman's license

Annual

(4) Recreational fishing licenses:

(A) Resident fishing license

Annual

(B) Nonresident fishing license

Annual

(C) Nonresident fishing license

Seven-day

(D) Fishing license, valid for residents and nonresidents

One-day

(E) Resident trout license

Annual

(F) Nonresident trout license

Annual

(5) Trapping licenses:

(A) Resident commercial trapping license ' Annual

(B) Nonresident commercial trapping license

Annual

(6) Commercial fishing licenses:

(A) Resident commercial fishing license Season

(B) Nonresident commercial fishing license Season

(C) Resident commercial crabbing license Season

(D) Nonresident commercial crabbing license

Season

657 60.00
5.50 Free 8.00 25.00 17.00 60.00
9.00 24.00
7.00
3.50 5.00 13.00
30.00
295.00
12.00 118.00 12.00
118.00

658

GENERAL ACTS AND RESOLUTIONS, VOL. I

(7) Fur, hide, and pelt licenses: (A) Resident fur dealer license (B) Nonresident fur dealer license (C) Fur dealer's agent license
(8) Miscellaneous licenses and permits: (A) Retail fish dealer license (B) Wholesale fish dealer license (C) Resident game-holding permit (D) Commercial quail breeder permit (E) Scientific collecting permit (F) Wildlife exhibition permit (G) Commercial shooting preserve license (H) Private shooting preserve license (I) Blanket commercial shooting preserve license (J) Commercial fish hatchery license (K) Catch-out pond license (L) Soft-shell crab dealer license (M) Resident taxidermist license (N) Nonresident taxidermist license (O) Falconry permit (P) Commercial alligator farming license (Q) Alligator hunting license (R) Wild animal license (S) Wild animal auction license

Annual Annual Annual
Annual Annual Annual Annual Annual Annual Annual Annual
Annual Annual Annual Annual Three-year Three-year Three-year Annual Annual Annual Seven-day

295.00 415.00 180.00
10.00 59.00 5.00 30.00 50.00 59.00 150.00 75.00
500.00 59.00
236.00 10.00
150.00 500.00 30.00
50.00 50.00 236.00 5,000.00

GEORGIA LAWS 2003 SESSION

659

(T) Resident bait dealer license

Season

25.00

(U) Nonresident bait dealer license

Season

150.00

(9) The board is authorized to provide by rule for a fee not to exceed $19.00 for resident daily, seasonal, or annual use permits, licenses, or stamps to hunt and fish on or otherwise use specially designated streams, lakes, or wildlife management areas or a fee not to exceed $73.00 for nonresident permits, licenses, or stamps issued under this paragraph."

SECTION 7B. Said title is further amended by striking Code Section 27-2-23, relating to license, permit, tag, and stamp fees, and inserting in lieu thereof the following:
"27-2-23. Fees for licenses, permits, tags, and stamps required by this title shall be as
follows:
(1) Hunting licenses:

(A) Resident hunting license

Annual

$ 8.50

(B) Nonresident hunting license

Annual

50.00

(C) Nonresident hunting license

Seven-day

21.00

(D) Hunting license, valid for residents

and nonresidents

One-day

5.50

(E) Resident big game license

Annual

7.50

(F) Nonresident big game license

Annual

100.00

(G) Nonresident shooting preserve hunting license

Season

10.00

(H) Commercial fox hunting preserve license

Season

50.00

(I) Commercial fox breeder license

Season

50.00

(J) Waterfowl license valid for residents

and nonresidents

Annual

5.50

(K) Georgia migratory bird license

Annual

Free

(L) Resident primitive weapons license Annual

8.00

660

GENERAL ACTS AND RESOLUTIONS, VOL. I

(M) Nonresident primitive weapons license
(2) Resident hunting/fishing license
(3) Resident sportsman's license
(4) Recreational fishing licenses:
(A) Resident fishing license
(B) Nonresident fishing license
(C) Nonresident fishing license
(D) Fishing license, valid for residents and nonresidents
(E) Resident trout license
(F) Nonresident trout license
(5) Trapping licenses:
(A) Resident commercial trapping license
(B) Nonresident commercial trapping license
(6) Commercial fishing licenses: (A) Resident commercial fishing license
(B) Nonresident commercial fishing license
(C) Resident commercial crabbing license
(D) Nonresident commercial crabbing license
(7) Fur, hide, and pelt licenses:
(A) Resident fur dealer license (B) Nonresident fur dealer license

Annual Annual Annual
Annual Annual Seven-day One-day Annual Annual
Annual Annual
Season Season Season Season
Annual Annual

25.00 15.50 60.00
7.50 20.00 7.00 3.50 3.50 10.50
25.00 250.00
10.00 100.25 12.00 118.00
250.00 350.00

GEORGIA LAWS 2003 SESSION

661

(C) Fur dealer's agent license

Annual

150.00

(8) Miscellaneous licenses and permits:

(A) Retail fish dealer license

Annual

5.00

(B) Wholesale fish dealer license

Annual

50.00

(C) Resident game-holding permit

Annual

2.50

(D) Commercial quail breeder permit

Annual

25.00

(E) Scientific collecting permit

Annual

5.00

(F) Wildlife exhibition permit

Annual

50.00

(G) Commercial shooting preserve license

Annual

25.00

(H) Private shooting preserve license

Annual

10.00

(I) Blanket commercial shooting preserve license

Annual

500.00

(J) Commercial fish hatchery license

Annual

50.00

(K) Catch-out pond license

Annual

200.00

(L) Soft-shell crab dealer license

Annual

10.00

(M) Resident taxidermist license

Three-year

150.00

(N) Nonresident taxidermist license

Three-year

500.00

(O) Falconry permit

Three-year

30.00

(P) Commercial alligator farming license Annual

25.00

(Q) Alligator hunting license

Annual

50.00

(R) Wild animal license

Annual

200.00

(S) Wild animal auction license

Seven-day

5,000.00

(T) Resident bait dealer license

Season

25.00

(U) Nonresident bait dealer license

Season

150.00

(9) The board is authorized to provide by rule for a fee not to exceed $15.60 for resident daily, seasonal, or annual use permits, licenses, or stamps to hunt

662______GENERAL ACTS AND RESOLUTIONS, VOL. I_________
and fish on or otherwise use specially designated streams, lakes, or wildlife management areas or a fee not to exceed $61.25 for nonresident permits, licenses, or stamps issued under this paragraph."
SECTION 8. Said title is further amended by striking Code Section 27-3-2, relating to hunting at night, and inserting in lieu thereof the following:
"27-3-2.
It shall be unlawful to hunt at night any game bird or game animal in this state except for alligators, raccoons, opossums, foxes, and bobcats. Alligators may be hunted with a light which does not exceed 12 volts. Raccoons, opossums, foxes, and bobcats shall not be hunted with lights, except that a light which does not exceed six volts or a fuel-type lantern may be carried by hand by a hunter or worn on the hunter's belt and used for locating such animals."
SECTION 9. Said title is further amended by striking paragraphs (1), (4), (5), (7), and (8) of Code Section 27-3-4, relating to legal weapons for hunting wildlife generally, and inserting in lieu thereof the following:
"(1) Longbows, recurve bows, crossbows, and compound bows may be used for taking small game, feral hogs, or big game. Arrows for hunting deer, bear, and feral hogs must be broadhead type;" "(4) Weapons for hunting small game shall be limited to shotguns with shot shell size of no greater than 3 1/2 inches in length with No. 2 lead shot or smaller or federally approved nontoxic shot size of F or smaller shot, .22 caliber or smaller rimfire firearms, air rifles, 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, feral hogs, 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. (B) For hunting all other game animals, shotguns shall be limited to a capacity of not 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;" "(7) Weapons for hunting alligators shall be limited to hand-held ropes or snares, snatch hooks, harpoons, gigs, or arrows with restraining lines attached. Lawfully restrained alligators may be killed with any caliber handgun or bangstick and shall be killed immediately before transporting; (8) There are no firearms restrictions for taking nongame animals or nongame birds; and

_____________GEORGIA LAWS 2003 SESSION___________663
(9) The use of silencers for hunting within this state is prohibited."
SECTION 10. Said title is further amended by striking subsection (a) of Code Section 27-3-13, relating to hunting of wildlife or feral hogs from boats, aircraft, or motor vehicles, and inserting in lieu thereof the following:
"(a) It shall be unlawful to hunt any wildlife or feral hog from an electric, gas, or diesel boat, a steamboat, a sailboat, an airplane, a hydroplane, a hovercraft, or a motor vehicle; except that alligators may be hunted from any boat or watercraft under power."
SECTION 11. Said title is further amended in Code Section 27-3-17, relating to hunting deer with dogs, by adding new subsections to read as follows:
"(c) It shall be unlawful for any person to hunt deer with dogs on any tract of real property unless a permit for hunting deer with dogs has been issued by the department for such tract to the owner or owners of such tract or the lessee of deer hunting rights for such tract. A permit for hunting deer with dogs shall not be issued for any tract of real property that is less than 1,000 contiguous acres. Any application for a permit for hunting deer with dogs shall be on such form as prescribed by the department; shall be accompanied by the required application fee; and shall include a written description of the tract boundaries and a map showing key features such as public roads or streams on or bordering the tract and occupied dwellings on adjacent properties. The application must be signed by all persons owning any portion of the tract of real property or an authorized agent thereof. The application fee for such permit shall be $100.00 for an annual permit or $25.00 for a two-day permit. (d) The owner of any dog that is used for hunting deer must cause such dog to be identified at all times during the hunt with the permit number for the tract being hunted. (e) Any person operating a motor vehicle used in conducting a deer hunt with dogs shall during such hunt clearly display in the lower corner of the driver's side of the front or rear windshield of such motor vehicle a decal or card showing the tract permit number in numerals not less than two inches high. (f) The department shall thoroughly investigate for validity any complaints from adjacent property owners regarding hunting deer with dogs in violation of this title or rules and regulations issued pursuant to this title. The commissioner may take action against a permit as provided by Code Section 27-2-25 for violations of the provisions of this title or rules and regulations issued pursuant to this title occurring on the tract of real property for which the permit was issued."
SECTION 12. Said title is further amended in Code Section 27-3-19, relating to hunting of alligators and possession of alligator products, by striking subsections (c) through (e) and inserting in lieu thereof the following:

664______GENERAL ACTS AND RESOLUTIONS, VOL. I______
"(c)(l) It shall be unlawful for any person to possess, buy, or sell in this state the untanned hide or skin or alligator products from an alligator not lawfully taken under the authority of Code Section 27-3-15. All such hides, skins, and alligators not lawfully taken are declared to be contraband and shall be seized and disposed of as directed by the commissioner. Possession in a store, warehouse, or retail place of business of such untanned hides or skins or alligator products not lawfully taken shall be prima-facie evidence of violation of this subsection. This subsection shall not apply to alligator products made from hides or skins of alligators produced on farms licensed under this title or from hides or skins of alligators lawfully possessed, taken, or acquired outside or inside this state, nor shall any provision of this subsection be construed so as to prohibit the preparation, processing, or manufacturing of such commercially grown or lawfully possessed, taken, or acquired alligator hides or the storage or sale of products made therefrom, subject to rules and regulations promulgated by the board. (2) It shall be unlawful for any person to gather alligator eggs from the wild or possess alligator eggs gathered from the wild in this state except pursuant to permit issued by the department for such purpose. The board shall establish the conditions of such permits by such rules or regulations as are reasonable and necessary under sound game management practices, which shall include without limitation specification of when and where such eggs may be gathered, limits on the number of eggs that may be gathered, the placement of gathered eggs in incubators, return ofa minimum percentage and size ofhatchlings from gathered eggs to the wild, and permit fees in such amounts as are necessary to cover the cost of administration. This paragraph shall not apply to the collection of alligator eggs from an alligator farm licensed under this title. (d)(l) It shall be unlawful to possess or transport into this state any untanned alligator hide, skin, or alligator product from any place in which the taking of alligators is prohibited. (2) It shall be unlawful to possess or transport into this state any alligator eggs gathered from the wild from any place where such gathering of alligator eggs from the wild is prohibited. (3) All such hides, skins, alligator products, and alligator eggs are declared to be contraband and shall be seized and disposed of in accordance with Code Section 27-1-21. (4) Notwithstanding any other provision to the contrary, it shall be lawful to possess and transport into this state any untanned alligator hide, skin, alligator product, or alligator egg which was lawfully taken and transported and which is accompanied by a bill of sale, bill of lading, invoice, or permit. (e) Any person who possesses any untanned alligator hide, skin, alligator product, or alligator egg from any place in which the taking of alligators is lawful, the gathering of alligator eggs from the wild is lawful, or from an alligator farm licensed under this title shall retain such receipts, invoices, bills of lading, permits, or other indicia of lawful possession, taking, or acquisition as are

_____________GEORGIA LAWS 2003 SESSION___________665
necessary to indicate clearly at all times the place of origin of the specific untanned alligator hides, skins, alligator products, or alligator eggs possessed."
SECTION 13. Said title is further amended by striking and reserving Code Section 27-4-116, relating to taking, capturing, and killing diamondback terrapins.
SECTION 14. (a) This Act shall become effective on July 1, 2003, except as otherwise provided in subsection (b) of this section.
(b)(l) Section 2 of this Act shall become effective on October 1, 2003. (2) Sections 3, 4, and 7A of this Act shall become effective on February 29, 2004. (3) Section 7B of this Act shall become effective on March 31, 2012.
SECTION 15. All laws and parts of laws in conflict with this Act are repealed.
Approved June 3, 2003.
REVENUE - STATE AND LOCAL TAX REVISION ACT OF 2003.
No. 343 (House Bill No. 43).
AN ACT
To amend Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, so as to enact the "State and Local Tax Revision Act of 2003"; to provide for the comprehensive revision of provisions relating to Georgia taxes; to define the terms "Internal Revenue Code" and "Internal Revenue Code of 1986" and thereby to incorporate provisions of federal law into Georgia law; to provide that terms used in the Georgia law shall have the same meaning as when used in a comparable provision or context in federal law; to provide for applicability; to adjust the threshold and due dates for electronic funds transfer ofwithholding taxes; to increase the amount of the retirement income exclusion for state income tax purposes; to provide for a three-year phase in of such exclusion; to provide that military income received by a member of the national guard or any reserve component of the armed services of the United States stationed in a combat zone as a result of military orders shall not be subject to state income tax; to provide for conditions and limitations; to change certain provisions regarding income tax credits with respect to certain vehicles and certain electric vehicle chargers; to change the income tax credit regarding establishing or relocating headquarters, so

666______GENERAL ACTS AND RESOLUTIONS, VOL. I_______
as to change a definition; to change certain procedures, conditions, and limitations; to provide for an income tax credit for full-time employee jobs created by certain business enterprises and an income tax credit for investments made by certain business enterprises in building new manufacturing facilities in this state; to provide for definitions; to provide for procedures, conditions, and limitations; to provide for powers, duties, and authority of the state revenue commissioner with respect to the foregoing; to provide for additional withholding and filing requirements; to change certain provisions regarding sales and use tax definitions; to provide that the distribution of contact lenses by a manufacturer as free samples to licensed dispensers shall not be subject to sales and use tax; to provide that the sale of certain school supplies, clothing, footwear, computers, and computer related accessories shall not be subject to sales and use tax for a limited period of time; to provide that sales of certain tangible personal property to, or used in the construction of, certain aquariums shall not be subject to sales and use tax for a limited period of time; to provide for conditions and limitations; to provide that certain taxes shall be excluded in computing the limitation on the total amount of local sales and use taxes which may be levied; to provide certain exemptions from certain local sales and use taxes; to change certain provisions with respect to taxation of motor fuels; to change certain provisions regarding dealers' sales and use tax returns and compensation; to provide for prepayments of certain taxes with respect to motor fuels; to provide for procedures, conditions, and limitations; to change certain provisions regarding penalties; to provide for an excise tax with respect to loose or smokeless tobacco; to change the rate of such tax with respect to little cigars, other cigars, and cigarettes; to change certain definitions; to change certain provisions regarding excise taxes; to change certain provisions regarding collection of such tax by stamps; to change certain provisions regarding licensure, suspension, and revocation; to change certain provisions regarding licensing of nonresident distributors; to change certain provisions regarding sale or possession prohibitions; to change certain provisions regarding seizure of contraband; to change certain provisions regarding monthly reports; to change certain provisions regarding records; to change certain provisions regarding assessment of deficiencies and penalties; to change certain provisions regarding certain use, consumption, or storage taxes; to change certain provisions regarding registration, reports, and tax payments; to change certain provisions regarding claims for refunds; to change certain provisions regarding the status of unpaid tax as a lien; to change certain provisions regarding hearings by the state revenue commissioner; to change certain provisions regarding powers and duties of special agents and enforcement officers; to change certain provisions regarding transportation of certain cigarettes or cigars; to change certain provisions regarding additional requirements and seizure and forfeiture of contraband; to change certain provisions regarding criminal penalties; to provide for powers, duties, and authority of the state revenue commissioner; to provide for delayed implementation of certain provisions relating to state insurance premium tax credits with respect to certified capital companies; to amend Article 1 of Chapter 3 of Title 35 of the Official Code of Georgia Annotated, relating to general provisions regarding the Georgia Bureau of Investigation, so as to change

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certain provisions regarding powers of agents generally; to amend Title 50 of the Official Code of Georgia Annotated, relating to state government, so as to change certain provisions regarding tax stamps; to change certain provisions regarding examinations by the state auditor; to amend Title 36 ofthe Official Code ofGeorgia Annotated, relating to local government, so as to require appropriation of funds for homeowner tax relief grants; to provide for related matters; to provide for effective dates and applicability; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAE ASSEMBEY OF GEORGIA:
SECTION 1. This Act shall be known and may be cited as the "State and Eocal Tax Revision Act of2003."
SECTION 2. Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation is amended by striking paragraph (14) of Code Section 48-1-2, relating to definitions of terms, and inserting in its place a new paragraph (14) to read as follows:
"(14) 'Internal Revenue Code' or 'Internal Revenue Code of 1986' means for taxable years beginning on or after January 1, 2003, the provisions of the United States Internal Revenue Code of 1986 provided for in federal law enacted on or before January 1, 2003, except Section 168(k) and Section 1400E of the Internal Revenue Code of 1986 shall be treated as if they were not in effect. In the event a reference is made in this title to the Internal Revenue Code or the Internal Revenue Code of 1954 as it existed on a specific date prior to January 1, 2003, the term means the provisions of the Internal Revenue Code or the Internal Revenue Code of 1954 as it existed on the prior date. Unless otherwise provided in this title, any term used in this title shall have the same meaning as when used in a comparable provision or context in the Internal Revenue Code of 1986. For taxable years beginning on or after January 1, 2003, provisions of the Internal Revenue Code of 1986 which were as of January I, 2003, enacted into law but not yet effective shall become effective for purposes of Georgia taxation on the same dates upon which they become effective for federal tax purposes."
SECTION 3. Said title is further amended in Code Section 48-2-32, relating to electronic funds transfer, by striking subsection (f) and inserting in its place a new subsection (f) to read as follows:
"(f)( 1) As used in this subsection, the term 'electronic funds transfer' means a method of making financial payments from one party to another through a series of instructions and messages communicated electronically, via computer, among financial institutions. Such term shall not include the electronic filing of tax returns.

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(2) The commissioner may require that any person or business owing more than $10,000.00 in connection with any return, report, or other document required to be filed with the department on or after July 1, 1992, shall pay any such sales tax, withholding tax, motor fuel distributor tax, corporate estimated income tax, or individual estimated income tax liability to the state by electronic funds transfer so that the state receives collectable funds on the date such payment is required to be made. In emergency situations, the commissioner may authorize alternative means of payment in funds immediately available to the state on the date of payment. (3) In addition to the requirements contained in paragraph (2) of this subsection, every employer whose tax withheld or required to be withheld under Code Section 48-7-103 exceeds $50,000.00 in the aggregate for the lookback period as defined in paragraph (4) of subsection (b) of Code Section 48-7-103 must pay the taxes by electronic funds transfer as follows:
(A) For paydays occurring on Wednesday, Thursday, or Friday, the taxes must be remitted on or before the following Wednesday or, in the case of a holiday, the next banking day thereafter; (B) For paydays occurring on Saturday, Sunday, Monday, or Tuesday, the taxes must be remitted on or before the following Friday or, in the case of a holiday, the next banking day thereafter; and (C) Notwithstanding any other provision of this paragraph to the contrary, for employers whose tax withheld or required to be withheld exceeds $ 100,000.00 for the payday, the taxes must be remitted by the next banking day. (4) The commissioner is specifically authorized to establish due dates and times for the initiation of electronic payments, establish an implementation schedule, promulgate regulations, and prescribe rules and procedures to implement this subsection. (5) A penalty of 10 percent of the amount due shall be added to any timely payment which is made in other than immediately available funds which are specified by regulation of the commissioner unless the commissioner has authorized an alternate means of payment in an emergency. (6) In addition to authority granted in Code Section 48-2-40, the commissioner is authorized to waive the collection of interest on electronic funds transfer payments, not to exceed the first two scheduled payments, whenever and to the extent that the commissioner reasonably determines that the default giving rise to the interest charge was due to reasonable cause and not due to gross or willful neglect or disregard of this subsection or regulations or instructions issued pursuant to this subsection. (7) Notwithstanding any provision of law to the contrary, the commissioner is authorized to promulgate rules and regulations setting forth the requirements for electronically transmitting all required returns, reports, or other documents required to be filed with taxes paid by electronic funds transfer. (8) Notwithstanding any provision of law to the contrary, the commissioner is authorized to promulgate rules and regulations setting forth the procedure for

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satisfying the signature requirement for returns whether by electronic signature, voice signature, or other means, so long as appropriate security measures are implemented which assure security and verification of the signature procedure. (9) Notwithstanding any provision of law to the contrary, the commissioner is authorized to pay all tax refunds by electronic funds transfer when requested by a taxpayer who has filed his or her return electronically with the department."
SECTION 4. Said title is further amended in Code Section 48-7-27, relating to computation of taxable net income, by striking subparagraph (a)(5)(A) and inserting in its place 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; (ix) For taxable years beginning on or after January 1, 2003, and prior to January 1, 2006, retirement income from any source not to exceed an exclusion amount of $15,000.00; (x) For taxable years beginning on or after January 1, 2006, and prior to January 1, 2007, retirement income from any source not to exceed an exclusion amount of $25,000.00;

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(xi) For taxable years beginning on or after January 1, 2007, and prior to January 1 2008, retirement income from any source not to exceed an exclusion amount of $30,000.00; and (xii) For taxable years beginning on or after January 1, 2008, retirement income from any source not to exceed an exclusion amount of $35,000.00."
SECTION 5. Said title is further amended in subsection (a) of Code Section 48-7-27, relating to computation of taxable net income, by striking "and" at the end of paragraph (10), by striking the period at the end of paragraph (11) and inserting in its place "; and", and by adding a new paragraph immediately following paragraph (11) to be designated paragraph (12) to read as follows:
"(12) Military income received by a member of the national guard or any reserve component of the armed services of the United States stationed in a combat zone pursuant to military orders. The exclusion provided under this paragraph:
(A) Shall apply with respect to each taxable year, or portion thereof, covered by such military orders; and (B) Shall apply only with respect to such member of the national guard or any reserve component of the armed forces and only with respect to military income earned during the period covered by such military orders."
SECTION 6. Said title is further amended in Code Section 48-7-40.16, relating to income tax credits with respect to certain vehicles and certain electric vehicle chargers, by striking subsections (b), (c), and (d) and inserting in their place new subsections (b), (c), and (d) to read as follows:
"(b) A tax credit is allowed against the tax imposed under this article to a taxpayer for the purchase or lease of a new low-emission vehicle or zero emission vehicle that is registered in the State of Georgia. The amount of the credit shall be:
(1) For any new low-emission vehicle, 10 percent of the cost of such vehicle or $2,500.00, whichever is less; and (2) For any new zero emission vehicle, 20 percent of the cost of such vehicle or $5,000.00, whichever is less. (c) A tax credit is allowed against the tax imposed under this article to a taxpayer for the conversion of a conventionally fueled vehicle to a converted vehicle that is registered in the State of Georgia. The amount of the credit shall be equal to 10 percent of the cost of conversion, not to exceed $2,500.00 per converted vehicle. (d) A tax credit is allowed against the tax imposed under this article to any business enterprise for the purchase or lease of each electric vehicle charger that is located in the State of Georgia. The amount of the credit shall be 10 percent of the cost of the charger or $2,500.00, whichever is less."

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SECTION 7. Said title is further amended in Code Section 48-7-40.17, relating to the income tax credit regarding establishing or relocating headquarters, by striking subsections (a) and (b) and inserting in their place new subsections (a) and (b), respectively, to read as follows:
"(a) As used in this Code section, the term: (1) 'Average wage' means the average wage of the county in which a full-time job is located as reported in the most recently available annual issue of the Georgia Employment and Wages Averages Report of the Department of Labor. (2) 'Full-time job' means employment for an individual which: (A) Is located at a headquarters; (B) Has a regular work week of 30 hours or more; (C) Pays at or above: (i) In tier 1 counties, the average wage of the county in which it is located; (ii) In tier 2 counties, 105 percent of the average wage of the county in which it is located; (iii) In tier 3 counties, 110 percent of the average wage of the county in which it is located; and (iv) In tier 4 counties, 115 percent of the average wage of the county in which it is located; and (D) Has no predetermined end date. (3) 'Headquarters' means the principal central administrative office of a taxpayer or a subsidiary of the taxpayer. (4) Tier' means a tier as designated pursuant to Code Section 48-7-40, as amended.
(b) A taxpayer establishing its headquarters in this state or relocating its headquarters into this state which:
(1) Within one year of the first date on which it withholds wages for employees at such headquarters or the headquarters of a subsidiary, defined as the taxpayer's 'affiliated group' within the meaning of Section 1504(a) of the Internal Revenue Code of 1986, as amended, pursuant to the provisions of Code Section 48-7-101, employs at least 50 persons in new full-time jobs at such headquarters; (2) Within one year of the first date on which it withholds wages for employees at such headquarters pursuant to the provisions of Code Section 48-7-101 incurs within the state a minimum of $1 million in construction, renovation, leasing, or other costs related to such establishment or relocation; and (3) Elects not to receive the tax credits provided for by Code Sections 48-7-40, 48-7-40.1, 48-7-40.2, 48-7-40.3, 48-7-40.4, 48-7-40.7, 48-7-40.8, and 48-7-40.9 for such jobs or such investment shall be allowed a credit for taxes imposed under this article equal to $2,500.00 annually per eligible new full-time job, or $5,000.00 if the average wage of the new full-time jobs created is 200 percent or more of the average wage of the

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county in which such jobs are located per eligible new full-time job; provided, however, that where the amount of such credit exceeds a taxpayer's liability for such taxes in a taxable year, the excess may be taken as a credit against such taxpayer's quarterly or monthly payment under Code Section 48-7-103 but not to exceed in any one taxable year $2,500.00 annually per eligible new full-time job, or $5,000.00 if the average wage of the new full-time jobs created is 200 percent or more of the average wage of the county in which such jobs are located for each new full-time job when aggregated with the credit applied against taxes under this article. Each employee whose employer receives credit against such taxpayer's quarterly or monthly payment under Code Section 48-7-103 shall receive credit against his or her income tax liability under Code Section 48-7-20 for the corresponding taxable year for the full amount which would be credited against such liability prior to the application of the credit provided for in this subsection. Credits against quarterly or monthly payments under Code Section 48-7-103 and credits against liability under Code Section 48-7-20 established by this subsection shall not constitute income to the taxpayer. For each new full-time job created, the credit established by this subsection may be taken for the first taxable year in which the new full-time job is created and for the four immediately succeeding taxable years; provided, however, that such new full-time jobs must be created within seven years from the close of the taxable year in which the taxpayer first becomes eligible for such credit. Credit shall not be allowed during a year if the net employment increase falls below the 50 new full-time jobs required. Any credit received for years prior to the year in which the net employment increase falls below the 50 new full-time jobs required shall not be affected. The commissioner shall adjust the credit allowed each year for net new employment fluctuations above the 50 new full-time jobs required."
SECTION 8. Said title is further amended by adding two new Code sections immediately following Code Section 48-7-40.23, to be designated Code Sections 48-7-40.24 and 48-7-40.25 to read as follows:
"48-7-40.24.
(a) As used in this Code section, the term: (1) 'Business enterprise' means any business or the headquarters of any such business which is engaged in manufacturing. Such term shall not include retail businesses. (2) 'Eligible full-time employee' means an individual holding a full-time employee job created by a qualified project. (3) 'Force majeure' means any: (A) Explosions, implosions, fires, conflagrations, accidents, or contamination; (B) Unusual and unforeseeable weather conditions such as floods, torrential rain, hail, tornadoes, hurricanes, lightning, or other natural calamities or acts of God; (C) Acts of war (whether or not declared), carnage, blockade, or embargo;

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(D) Acts of public enemy, acts or threats of terrorism or threats from terrorists, riot, public disorder, or violent demonstrations; (E) Strikes or other labor disturbances; or (F) Expropriation, requisition, confiscation, impoundment, seizure, nationalization, or compulsory acquisition of the site of a qualified project or any part thereof; but such term shall not include any event or circumstance that could have been prevented, overcome, or remedied in whole or in part by the taxpayer through the exercise of reasonable diligence and due care, nor shall such term include the unavailability of funds. (4) 'Full-time employee job' and 'full-time job' means employment of an individual which: (A) Is located in this state at the site of a qualified project or the manufacturing facility resulting therefrom; (B) Involves a regular work week of 35 hours or more; (C) Has no predetermined end date; and (D) Pays at or above the average wage of the county with the lowest average wage in the state, as reported in the most recently available annual issue of the Georgia Employment and Wages Averages Report of the Department of Labor. For purposes of this paragraph, leased employees will be considered employees of the company using their services and such persons may be counted in determining the company's job tax credits under this Code section if their employment otherwise meets the definition of full-time job contained herein. In addition, an individual's employment shall not be deemed to have a predetermined end date solely by virtue of a mandatory retirement age set forth in a company policy of general application. The employment of any individual in a bona fide executive, administrative, or professional capacity, within the meaning of Section 13 of the federal Fair Labor Standards Act of 1938, as amended, 29 U.S.C. 213(a)(l), as such Act existed on January 1, 2002, shall not be deemed to have a predetermined end date solely by virtue of the fact that such employment is pursuant to a fixed-term contract, provided that such contract is for a term of not less than one year. (5) 'Investment requirement' means the requirement that by the close of the sixth taxable year following the withholding start-date a minimum of $450 million in qualified investment property will have been purchased or acquired by the business enterprise to be used with respect to a qualified project. (6) 'Job creation requirement' means the requirement that no later than the close of the sixth taxable year following the withholding start-date, the business enterprise will have a minimum of 1,800 eligible full-time employees. (7) 'Job maintenance requirement' means the requirement that, with respect to each year in the recapture period, the monthly average number of eligible full-time employees employed by the business enterprise, determined as prescribed by subsection (1) of this Code section, must equal or exceed 1,800.

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(8) 'Qualified investment property' means all real and personal property purchased or acquired by a taxpayer for use in a qualified project, including, but not limited to, amounts expended on land acquisition, improvements, buildings, building improvements, and machinery and equipment to be used in the manufacturing facility. (9) 'Qualified project' means the construction of a new manufacturing facility in this state or the expansion of an existing manufacturing facility in this state. For purposes of this paragraph, the term 'manufacturing facility' means a single facility, including contiguous parcels of land, improvements to such land, buildings, building improvements, and any machinery or equipment that is used in the process of making, fabricating, constructing, forming, or assembling a product from components or from raw, unfinished, or semifinished materials, and any support facility. For purposes of this paragraph, the term 'support facility' means any warehouses, distribution centers, storage facilities, research and development facilities, laboratories, repair and maintenance facilities, corporate offices, sales or marketing offices, computer operations facilities, or administrative offices, that are contiguous to the manufacturing facility that results from a qualified project, constructed or expanded as part of the same such project, and designed primarily for activities supporting the manufacturing operations at such manufacturing facility. (10) 'Recapture period' means the period of five consecutive taxable years that commences after the first taxable year in which a business enterprise has satisfied both the investment requirement and the job creation requirement. (11) 'Withholding start-date' means the date on which the business enterprise begins to withhold Georgia income tax from the wages of its employees located at the site of a qualified project. (b) A business enterprise that is planning a qualified project shall be allowed to take the job tax credit provided by this Code section under the following conditions: (1) An application is filed with the commissioner that:
(A) Describes the qualified project to be undertaken by the business enterprise, including when such project will commence and the expected withholding start-date; (B) Certifies that such project will meet the investment requirement and the job creation requirement prescribed by this Code section; and (C) Certifies that during the recapture period applicable to such project the business enterprise will meet the job maintenance requirement prescribed by this Code section; (2) Following the commissioner's referral of the application to a panel composed of the commissioner of community affairs, the commissioner of industry, trade, and tourism, and the director of the Office of Planning and Budget, said panel, after reviewing the application, certifies that the new facility or expansion will have a significant beneficial economic effect on the region for which it is planned. The panel shall make its determination within 30 days after receipt from the commissioner of the taxpayer's application and

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any necessary supporting documentation. Although the panel's certification may be based upon other criteria, a project that meets the minimum employment and investment requirements specified in paragraph (1) of this subsection will have a significant beneficial economic effect on the region for which it is planned if one of the following additional criteria is met:
(A) The project will create new full-time employee jobs with average wages that are, as determined by the Department of Labor, for all jobs for the county in question:
(i) Twenty percent above such average wage for projects located in tier 1 counties; (ii) Ten percent above such average wage for projects located in tier 2 counties; or (iii) Five percent above such average wage for projects located in tier 3 or tier 4 counties; or (B) The project demonstrates high growth potential based upon the prior year's Georgia net taxable income growth of over 20 percent from the previous year, if the taxpayer's Georgia net taxable income in each of the two preceding years also grew by 20 percent or more. (c) Any lease for a period of five years or longer of any real or personal property used in a new or expanded manufacturing facility which would otherwise constitute qualified investment property shall be treated as the purchase or acquisition thereof by the lessee. The taxpayer may treat the full value of the leased property as qualified investment property in the year in which the lease becomes binding on the lessor and the taxpayer. (d) A business enterprise whose application is approved shall be allowed a tax credit for taxes imposed under this article equal to $5,250.00 annually per new eligible full-time employee job for five years beginning with the year in which such job is created through year five after such creation; provided, however, that where the amount of such credit exceeds a business enterprise's liability for such taxes in a taxable year, the excess may be taken as a credit against such business enterprise's quarterly or monthly payment under Code Section 48-7-103. The taxpayer may file an election with the commissioner to take such credit against quarterly or monthly payments under Code Section 48-7-103 that become due before the due date of the income tax return on which such credit may be claimed. In the event of such an election, the commissioner shall confirm with the taxpayer a date, which shall not be later than 30 days after receipt of the taxpayer's election, when the taxpayer may begin to take the credit against such quarterly or monthly payments. For any one taxable year the amounts taken as a credit against taxes imposed under this article and against the business enterprise' s quarterly or monthly payments under Code Section 48-7-103 may not in the aggregate exceed $5,250.00 per eligible full-time employee job. Each employee whose employer receives credit against such business enterprise's quarterly or monthly payment under Code Section 48-7-103 shall receive credit against his or her income tax liability under Code Section 48-7-20 for the corresponding taxable year for the full amount which would be credited against

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such liability prior to the application of the credit provided for in this subsection. Credits against quarterly or monthly payments under Code Section 48-7-103 and credits against liability under Code Section 48-7-20 established by this subsection shall not constitute income to the taxpayer. To qualify for a credit under this subsection, the employer must make health insurance coverage available to the employee filling the new full-time job; provided, however, that nothing in this subsection shall be construed to require the employer to pay for all or any part of health insurance coverage for such an employee in order to claim the credit provided for in this subsection if such employer does not pay for all or any part of health insurance coverage for other employees. (e) The number of new full-time jobs to which this Code section shall be applicable shall be determined each month by comparing the number of full-time employees subject to Georgia income tax withholding as of the last payroll period of such month or as the payroll period during each month used for the purpose of reports to the Department of Labor with the number of such employees for the previous month. (f) The sale, merger, acquisition, or bankruptcy of any business enterprise shall not create new eligibility in any succeeding business entity, but any unused job tax credit may be transferred and continued by any transferee of the business enterprise. (g) To qualify for the credit provided by this Code section a new full-time job must be created by the close of the seventh taxable year following the business enterprise' s withholding start-date. In no event may a credit be claimed under this Code section for more than 3,300 new full-time employee jobs created by any one project; provided, however, that the taxpayer may claim the credits provided by Code Sections 48-7-40 and 48-7-40.1 for any such additional jobs if the taxpayer meets the terms and conditions thereof. (h) Any credit claimed under this Code section but not fully used in the manner prescribed in subsection (d) of this Code section may be carried forward for ten years from the close of the taxable year in which the qualified job was established. (i) Except as provided in subsection (g) of this Code section, a taxpayer who is entitled to and takes credits provided by this Code section with respect to a qualified project shall not be allowed to take any of the credits authorized by Code Section 48-7-40, 48-7-40.1, 48-7-40.2, 48-7-40.3, 48-7-40.4, 48-7-40.6, 48-7-40.7,48-7-40.8,48-7-40.9,48-7-40.10,48-7-40.11,48-7-40.15,48-7-40.17, or 48-7-40.18 with respect to jobs, investments, child care, or ground-water usage shifts created by, arising from, related to, or connected in any way with the same project. Such taxpayer may take any credit authorized by Code Section 48-7-40.5 for the costs of retraining an employee located at the site of such project or the manufacturing facility resulting therefrom, but only with respect to costs incurred more than five years after the date the manufacturing facility first becomes operational. (j) Except under those circumstances described in subsection (k) of this Code section, the taxpayer shall, not more than 60 days after the close of the sixth

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taxable year following its withholding start-date, file a report with the commissioner concerning the number of eligible full-time employee jobs created by such project; the wages of such jobs; the qualified investment property purchased or acquired by the taxpayer for the project; and any other information that the commissioner may reasonably require in order to determine whether the taxpayer has met both the investment requirement and job creation requirement with respect to such project. If the taxpayer has failed to meet either such requirement, the taxpayer will forfeit the right to claim any credits provided by this Code section for such project. A taxpayer that forfeits the right to claim such credits is liable for all past taxes imposed by this article and all past payments under Code Section 48-7-103 that were foregone by the state as a result of the credits, plus interest at the rate established by Code Section 48-2-40 computed from the date such taxes or payments would have been due if the credits had not been taken. No later than 90 days after notification from the commissioner that either the investment requirement or the job creation requirement was not met, the taxpayer shall file amended income tax and withholding tax returns for all affected periods that recalculate those liabilities without regard to the forfeited credits and shall pay any additional amounts shown on such returns, with interest as provided herein. On such amended returns the taxpayer may claim any credit to which it would have been entitled under this article but for having taken the credit provided by this Code section. (k) If the recapture period applicable to a qualified project begins with or before the sixth taxable year following the taxpayer's withholding start-date, the taxpayer shall, not later than 60 days after the close of the taxable year immediately preceding the recapture period, file a report with the commissioner concerning the number of eligible full-time employee jobs created by such project; the wages of such jobs; the qualified investment property purchased or acquired by the taxpayer for the project; and any other information that the commissioner may reasonably require in order to verify that the taxpayer met both the investment requirement and job creation requirement in such preceding year. (1) Not more than 60 days after the close of each taxable year within the recapture period, the taxpayer shall file a report, using such form and providing such information as the commissioner may reasonably require, concerning whether it met the job maintenance requirement for such year. For purposes of this subsection, whether such requirement has been satisfied shall be determined by comparing the monthly average number of eligible full-time employees subject to Georgia income tax withholding for the taxable year with 1,800. If the taxpayer has failed to meet the job maintenance requirement for such year, the taxpayer will forfeit the right to 20 percent of all credits provided by this Code section for such project. A taxpayer that forfeits such right is liable for 20 percent of all past taxes imposed by this article and all past payments under Code Section 48-7-103 that were foregone by the state as a result of the credits provided by this Code section, plus interest at the rate established by Code Section 48-2-40 computed from the date such taxes or payments would have been due if the

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credits had not been taken. No later than 90 days after notification by the commissioner that the taxpayer has failed to meet the job maintenance requirement for such year, the taxpayer shall file amended income tax and withholding tax returns for all affected periods that recalculate those liabilities without regard to the forfeited credits and shall pay any additional amounts shown on such returns, with interest as provided herein. (m) A taxpayer who fails to meet the job maintenance requirement for any taxable year within the recapture period because of force majeure may petition the commissioner for relief from such requirement. Such a petition must be made with and at the same time as the report required by subsection (1) of this Code section. If the commissioner determines that force majeure materially affected the taxpayer's ability to meet the job maintenance requirement for such year, but that the portion of the year so affected was six months or less, the commissioner shall calculate the taxpayer's monthly average number of eligible full-time employees for purposes of subsection (1) of this Code section by disregarding the affected months. If the commissioner determines that the affected portion of the year was more than six months, the taxable year shall be disregarded in its entirety for purposes of the job maintenance requirement and the recapture period applicable to the qualified project shall be extended for an additional year, (n) Unless more time is allowed therefor by Code Section 48-7-82 or 48-2-49, the commissioner may make any assessment attributable to the forfeiture of credits claimed under this Code section for the periods covered by any amended returns filed by a taxpayer pursuant to subsection (j) or (1) of this Code section within one year from the date such returns are filed. If the taxpayer fails to file the reports or any amended return required by subsection (j) or (1) of this Code Section, the commissioner may assess additional tax or other amounts attributable to the forfeiture of credits claimed under this Code section at any time, (o) The commissioner shall promulgate any rules and regulations necessary to implement and administer this Code section.
48-7-40.25. (a) As used in this Code section, the term:
(1) 'Business enterprise' means any business or the headquarters of any such business which is engaged in manufacturing. Such term shall not include retail businesses. (2) 'Force majeure' means any:
(A) Explosions, implosions, fire, conflagrations, accidents, or contamination; (B) Unusual and unforeseeable weather conditions such as floods, torrential rain, hail, tornadoes, hurricanes, lightning, or other natural calamities or act of God; (C) Acts of war (whether or not declared), carnage, blockade, or embargo; (D) Acts of public enemy, acts or threats of terrorism or threats from terrorists, riot, public disorder, or violent demonstrations; (E) Strikes or other labor disturbances; or

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(F) Expropriation, requisition, confiscation, impoundment, seizure, nationalization, or compulsory acquisition of the site of a qualified project or any part thereof; but such term shall not include any event or circumstance that could have been prevented, overcome, or remedied in whole or in part by the taxpayer through the exercise of reasonable diligence and due care, nor shall such term include the unavailability of funds. (3) 'Full-time employee' means an individual holding a full-time employee job. (4) 'Full-time employee job' and 'full-time job' mean employment of an individual which: (A) Is located in this state at the manufacturing facility resulting from a qualified project; (B) Involves a regular work week of 35 hours or more; (C) Has no predetermined end date; and (D) Pays at or above the average wage of the county with the lowest average wage in the state, as reported in the most recently available annual issue of the Georgia Employment and Wages Averages Report of the Department of Labor. For purposes of this paragraph, leased employees will be considered employees of the company using their services, and such persons may be counted in determining the company' s credits under this Code section if their employment otherwise meets the definition of full-time job contained herein. In addition, an individual's employment shall not be deemed to have a predetermined end date solely by virtue of a mandatory retirement age set forth in a company policy of general application. The employment of any individual in a bona fide executive, administrative, or professional capacity, within the meaning of Section 13 of the federal Fair Eabor Standards Act of 1938, as amended, 29 U.S.C. Section 213(a)(l), as such act existed on January 1, 2002, shall not be deemed to have a predetermined end date solely by virtue of the fact that such employment is pursuant to a fixed-term contract, provided that such contract is for a term of not less than one year. (5) 'Investment requirement' means the requirement that a minimum of $800 million in qualified investment property shall have been purchased or acquired for use in a qualified project and be in service. (6) 'Job maintenance requirement' means the requirement that the monthly average number of full-time employees employed by the business enterprise during the first 60 months of the recapture period must equal or exceed 90 percent of the job requirement. (7) 'Job requirement' means the requirement that the number of full-time employees must equal or exceed 1,800. (8) 'Qualified investment property' means all real and personal property purchased or acquired by a taxpayer for use in a qualified project, including, but not limited to, amounts expended on land acquisition, improvements, buildings, building improvements, and machinery and equipment to be used in the manufacturing facility.

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(9) 'Qualified project' means the construction of a new manufacturing facility in this state. For purposes of this paragraph, the term 'manufacturing facility' means a single facility, including contiguous parcels of land, improvements to such land, buildings, building improvements, and any machinery or equipment that is used in the process of making, fabricating, constructing, forming, or assembling a product from components or from raw, unfinished, or semifinished materials, and any support facility. For purposes of this paragraph, the term 'support facility' means any warehouses, distribution centers, storage facilities, research and development facilities, laboratories, repair and maintenance facilities, corporate offices, sales or marketing offices, computer operations facilities, or administrative offices that are contiguous to the manufacturing facility that results from a qualified project, constructed or expanded as part of the same such project, and designed primarily for activities supporting the manufacturing operations at such manufacturing facility. (10) 'Recapture period' means the period often consecutive taxable years that commences after the taxable year in which the taxpayer has met both the investment requirement and the job requirement. (b) A business enterprise that has operated an existing manufacturing facility in this state for the immediately three preceding years and that is planning a qualified project shall be allowed to take the credit provided by this Code section under the following conditions: (1) An application is filed with the commissioner that:
(A) Describes the qualified project to be undertaken by the business enterprise, including when such project will commence; (B) Certifies that such project will meet the investment requirement and the job requirement prescribed by this Code section, stating when the business enterprise expects to meet such requirements; and (C) Certifies that during the recapture period applicable to such project the business enterprise will meet the job maintenance requirement prescribed by this Code section; and (2) Following the commissioner's referral of the application to a panel composed of the commissioner of community affairs, the commissioner of industry, trade, and tourism, and the director of the Office of Planning and Budget, said panel, after reviewing the application, certifies that the new facility will have a significant beneficial economic effect on the region for which it is planned. The panel shall make its determination within 30 days after receipt from the commissioner of the taxpayer's application and any necessary supporting documentation. Although the panel's certification may be based upon other criteria, a project that meets the minimum job and investment requirements specified in paragraph (1) will have a significant beneficial economic effect on the region for which it is planned if one of the following additional criteria is met: (A) The full-time employee jobs that will be located at the manufacturing facility resulting from such project will pay average wages that are, as

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determined by the Georgia Department of Labor for all jobs for the county in question:
(i) Twenty percent above such average wage for projects located in tier 1 counties; (ii) Ten percent above such average wage for projects located in tier 2 counties; or (iii) Five percent above such average wage for projects located in tier 3 or tier 4 counties; or (B) The project demonstrates high growth potential based upon the prior year's Georgia net taxable income growth of over 20 percent from the previous year, if the taxpayer's Georgia net taxable income in each of the two preceding years also grew by 20 percent or more. (c) Any lease for a period of five years or longer of any real or personal property used in a new manufacturing facility which would otherwise constitute qualified investment property shall be treated as the purchase or acquisition thereof by the lessee. The taxpayer may treat the full value of the leased property as qualified investment property in the year in which the lease becomes binding on the lessor and the taxpayer. (d) A business enterprise whose application is approved shall be allowed a credit against the tax imposed under this article in an amount equal to 6 percent of the cost of all qualified investment property purchased or acquired by the business enterprise in such year, subject to the conditions and limitations set forth in this Code section. Where the amount of such credit exceeds a business enterprise's liability for such taxes in a taxable year, the excess may be taken as a credit against such business enterprise's quarterly or monthly payment under Code Section 48-7-103. The taxpayer may file an election with the commissioner to take such credit against quarterly or monthly payments under Code Section 48-7-103 that become due before the due date of the income tax return on which such credit may be claimed. In the event of such an election, the commissioner shall confirm with the taxpayer a date, which shall not be later than 30 days after receipt of the taxpayer's election, when the taxpayer may begin to take the credit against such quarterly or monthly payments. Each employee whose employer receives credit against such business enterprise's quarterly or monthly payment under Code Section 48-7-103 shall receive credit against his or her income tax liability under Code Section 48-7-20 for the corresponding taxable year for the full amount which would be credited against such liability prior to the application of the credit provided for in this subsection. Credits against quarterly or monthly payments under Code Section 48-7-103 and credits against liability under Code Section 48-7-20 established by this subsection shall not constitute income to the taxpayer. (e) The credit granted under subsection (d) of this Code section shall be subject to the following conditions and limitations: (1) In order to qualify as a basis for the credit, the investment in qualified investment property must occur no sooner than April 1, 2003. The credit may be taken beginning with the taxable year in which the taxpayer has met both

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the investment requirement and the job requirement, and for such first year the credit may include qualified investment property purchased or acquired in prior years but after March 31, 2003. For each year in which a taxpayer claims the credit, the taxpayer shall attach a schedule to the taxpayer's Georgia income tax return which will set forth the following information, as a minimum:
(A) A description of the qualified project; (B) The amount of qualified investment property acquired during the taxable year; (C) The amount of tax credit claimed for the taxable year; (D) The amount of qualified investment property acquired in prior taxable years; (E) Any tax credit previously taken by the taxpayer against Georgia income tax liabilities or the taxpayer's quarterly or monthly payments under Code Section 48-7-103; (F) The amount of tax credit carried over from prior years; (G) The amount of tax credit utilized by the taxpayer in the current taxable year; (H) The amount of tax credit to be carried over to subsequent tax years; and (I) The monthly average number of full-time jobs during the taxable year; (2) Any credit claimed under this Code section but not fully used in the manner prescribed in subsection (d) of this Code section may be carried forward for 15 years from the close of the later of: (A) The taxable year in which the qualified investment property was acquired; or (B) The taxable year in which both the job requirement and investment requirement are satisfied. The sale, merger, acquisition, or bankruptcy of any business enterprise shall not create new eligibility in any succeeding business entity but any unused investment tax credit may be transferred and continued by any transferee of the business enterprise; (3) In the initial year in which the taxpayer claims the credit granted in subsection (d) ofthis Code section, the taxpayer shall include in the description of the project required by subparagraph (A) of paragraph (1) of this subsection information which demonstrates that the project includes the acquisition of qualified investment property having an aggregate cost equal to or exceeding $800 million and that the job requirement was satisfied during such year; and (4) The utilization of the credit granted in subsection (d) of this Code section shall have no effect on the taxpayer's ability to claim depreciation for tax purposes on the assets acquired by the taxpayer, nor shall the credit have any effect on the taxpayer's basis in such assets for the purpose of depreciation. (f) In no event may credits exceeding $50 million in the aggregate be claimed under this Code section with respect to any one project. (g) A taxpayer who is entitled to and takes credits provided by this Code section with respect to a qualified project shall not be allowed to take any of the credits authorized by Code Section 48-7-40,48-7-40.1,48-7-40.2,48-7-40.3,48-7-40.4,

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48-7-40.6,48-7-40.7,48-7-40.8,48-7-40.9,48-7-40.10,48-7-40.11,48-7-40.15, 48-7-40.17, 48-7-40.18, or 48-7-40.24 with respect to jobs, investments, child care, or ground-water usage shifts created by, arising from, related to, or connected in any way with the same project. Such taxpayer may take any credit authorized by Code Section 48-7-40.5 for the cost of retraining an employee located at the site of such project or the manufacturing facility resulting therefrom, but only with respect to costs incurred more than five years after the date the manufacturing facility first becomes operational, (h) Not more than 60 days after the close of the fifth taxable year within the recapture period, the taxpayer shall file a report, using such form and providing such information as the commissioner may reasonably require, concerning whether it met the job maintenance requirement. If the taxpayer has failed to meet the job maintenance requirement, the taxpayer will forfeit the right to all credits provided by this Code section for such project. A taxpayer that forfeits such right is liable for all past taxes imposed by this article and all past payments under Code Section 48-7-103 that were forgone by the state as a result of the credits provided by this Code section, plus interest at the rate established by Code Section 48-2-40 computed from the date such taxes or payments would have been due if the credits had not been taken. No later than 90 days after notification by the commissioner that the taxpayer has failed to meet the job maintenance requirement, the taxpayer shall file amended income tax and withholding tax returns for all affected periods that recalculate those liabilities without regard to the forfeited credits and shall pay any additional amounts shown on such returns, with interest as provided herein. (i) A taxpayer who fails to meet the job maintenance requirement because of force majeure may petition the commissioner for relief from such requirement. Such a petition must be made with and at the same time as the report required by subsection (h) of this Code section. If the commissioner determines that force majeure materially affected the taxpayer's ability to meet the job maintenance requirement, but that the portion of any year so affected was six months or less, the commissioner shall calculate the taxpayer's monthly average number of full-time employees for purposes of subsection (h) of this Code section by disregarding the affected months. If the commissioner determines that the affected portion of any such year was more than six months, the taxable year shall be disregarded in its entirety for purposes of the job maintenance requirement and the recapture period applicable to the qualified project shall be extended for an additional year. (j) If the manufacturing facility resulting from a qualified project is abandoned at any time during the recapture period, the taxpayer will forfeit the right to all credits provided by this Code section for such project. A taxpayer that forfeits such right is liable for all past taxes imposed by this article and all past payments under Code Section 48-7-103 that were forgone by the state as a result of the credits provided by this Code section, plus interest at the rate established by Code Section 48-2-40 computed from the date such taxes or payments would have been due if the credits had not been taken. For purposes of this subsection, a

684______GENERAL ACTS AND RESOLUTIONS, VOL. I_________
manufacturing facility will be considered abandoned if there is, for any reason other than force majeure, a complete cessation of manufacturing operations for a period of 12 consecutive months or more during the recapture period. Not more than 60 days after the close of the recapture period, the taxpayer shall file a report, using such form and providing such information as the commissioner may require, concerning whether such an abandonment occurred. No later than 90 days after notification by the commissioner that an abandonment occurred, the taxpayer shall file amended income tax and withholding tax returns for all affected periods that recalculate those liabilities without regard to the forfeited credits and shall pay any additional amounts shown on such returns, with interest as provided herein. (k) Unless more time is allowed therefor by Code Section 48-7-82 or 48-2-49, the commissioner may make any assessment attributable to the forfeiture of credits claimed under this Code section for the periods covered by any amended returns filed by a taxpayer pursuant to subsections (h) and (j) of this Code section within one year from the date such returns are filed. If the taxpayer fails to file the reports or any amended return required by subsections (h) and (j) of this Code section, the commissioner may assess additional tax or other amounts attributable to the forfeiture of credits claimed under this Code section at any time. (1) The commissioner shall promulgate any rules and regulations necessary to implement and administer this Code section."
SECTION 9. Said title is further amended by striking subsection (b) of Code Section 48-7-103, relating to quarterly, monthly, and jeopardy returns, and inserting in its place a new subsection (b) to read as follows:
"(b)(l) Except as otherwise provided in subsection (a) of this Code section, every employer whose tax withheld or required to be withheld is $50,000.00 or less in the aggregate for the lookback period is required to file and remit payment to the department on or before the fifteenth day of the following month; provided, however, that the commissioner shall be authorized to promulgate rules and regulations to permit the filing of such returns on a quarterly basis. (2) Every employer whose tax withheld or required to be withheld exceeds $50,000.00 in the aggregate for the lookback period must remit the withheld taxes pursuant to paragraph (3) of subsection (f) of Code Section 48-2-32 and shall file returns pursuant to paragraph (1) of this subsection. (3) Notwithstanding any provision of this subsection to the contrary, for employers whose tax withheld or required to be withheld exceeds $ 100,000.00 for the payday, the taxes must be remitted by the next banking day. (4) For purposes of this subsection, the 'lookback period' for each calendar year shall be the 12 month period which ended the preceding June 30."

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SECTION 10. Said title 48 is amended in Code Section 48-8-2, relating to definitions, by adding a new paragraph immediately following paragraph (5), to be designated paragraph (5.1), to read as follows:
"(5.1) 'Prepaid state tax' means the tax levied under Code Section 48-8-30 in conjunction with Code Section 48-8-3.1 and Code Section 48-9-14 on the retail sale of motor fuels for highway use and collected prior to that retail sale. This tax is based upon the average retail sales price as set forth in Code Section 48-9-14. This shall not apply to any local sales and use tax which is levied on the sale or use of motor fuel and imposed in an area consisting of less than the entire state, however authorized, including, but not limited to, such taxes authorized by or pursuant to constitutional amendment; by or pursuant to Section 25 of an Act approved March 10, 1965 (Ga. L. 1965, p. 2243), as amended, known as the 'Metropolitan Atlanta Rapid Transit Authority Act of 1965'; by or pursuant to Article 2 of this chapter; by or pursuant to Article 2A of this chapter; or by or pursuant to Article 3 of this chapter."
SECTION 11. Said title is further amended in Code Section 48-8-3, relating to exemptions from state sales and use tax, by striking in its entirety paragraph (47) and inserting in lieu thereof the following:
"(47) Sales of drugs dispensed by prescription and prescription eyeglasses and contact lenses including, without limitation, prescription contact lenses distributed by the manufacturer to licensed dispensers as free samples not intended for resale and labeled as such;"
SECTION 12. Said title is further amended in Code Section 48-8-3, relating to exemptions from state sales and use tax by striking "or" at the end of paragraph (74) and by striking paragraph (75) and inserting in its place new paragraphs (75) and (76), to read as follows:
"(75)(A) The sale of any covered item. The exemption provided by this paragraph shall apply only to sales occurring during a period commencing at 12:01 A.M. on July 31, 2003, and concluding at 12:00 Midnight on August3, 2003. (B) As used in this paragraph, the term 'covered item' shall mean:
(i) Articles of clothing and footwear with a sales price of $100.00 or less per article of clothing or pair of footwear, excluding accessories such as jewelry, handbags, umbrellas, eyewear, watches, and watchbands; (ii) A single purchase, with a sales price $1,500.00 or less, of personal computers and personal computer related accessories purchased for noncommercial home or personal use, including personal computer base units and keyboards, personal digital assistants, handheld computers, monitors, other peripheral devices, modems for Internet and network access, and nonrecreational software, whether or not they are to be utilized

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in association with the personal computer base unit. Computer and computer related accessories shall not include furniture and any systems, devices, software, or peripherals designed or intended primarily for recreational use; and (iii) Noncommercial purchases of general school supplies to be utilized in the classroom or in classroom related activities, such as homework, up to a sales price of $20.00 per item including pens, pencils, notebooks, paper, book bags, calculators, dictionaries, thesauruses, and children's books and books listed on approved school reading lists for pre-kindergarten through twelfth grade. (C) The exemption provided by this paragraph shall not apply to rentals, sales in a theme park, entertainment complex, public lodging establishment, restaurant, or airport or to purchases for trade, business, or resale. (D) The commissioner shall promulgate any rules and regulations necessary to implement and administer this paragraph including but not be limited to a list of those articles and items qualifying for the exemption pursuant to this paragraph; or (76) Notwithstanding any provision of Code Section 48-8-63 to the contrary, from the effective date of this paragraph until January 1,2007, sales of tangible personal property to, or used in the construction of, an aquarium owned or operated by an organization which is exempt from taxation under Section 501(c)(3) of the Internal Revenue Code."
SECTION 13. Said title is further amended by striking subsections (b) and (c) of Code Section 48-8-6, relating to limitations regarding local sales and use taxes, and inserting in their place new subsections (b) and (c) to read as follows:
"(b) There shall not be imposed in any jurisdiction in this state or on any transaction in this state local sales taxes, local use taxes, or local sales and use taxes in excess of 2 percent. For purposes of this prohibition, the taxes affected are any sales tax, use tax, or sales and use tax which is levied in an area consisting of less than the entire state, however authorized, including such taxes authorized by or pursuant to constitutional amendment, except that the following taxes shall not count toward or be subject to such 2 percent limitation:
(1) A sales and use tax for educational purposes exempted from such limitation under Article VIII, Section VI, Paragraph IV of the Constitution; (2) Any tax levied for purposes of a metropolitan area system of public transportation, as authorized by the amendment to the Constitution set out at Georgia Laws, 1964, page 1008; the continuation of such amendment under Article XI, Section I, Paragraph IV(d) of the Constitution; and the laws enacted pursuant to such constitutional amendment; provided, however, that the exception provided for under this paragraph shall only apply in a county in which a tax is being imposed under subparagraph (a)(l)(D) of Code Section 48-8-111 solely for the purpose or purposes of a water capital outlay project or projects, a sewer capital outlay project or projects, a water and sewer capital

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outlay project or projects, or a combination of such projects and such exception shall apply only during the period the tax under said subparagraph (a)(l)(D) is in effect. If the imposition of any otherwise authorized local sales tax, local use tax, or local sales and use tax would result in a tax rate in excess of that authorized by this subsection, then such otherwise authorized tax may not be imposed, (c) Where the exception specified in paragraph (2) of subsection (b) of this Code section applies, the tax imposed under subparagraph (a)(l)(D) of Code Section 48-8-111 shall not apply to: (1) The furnishing for value to the public of any room or rooms, lodgings, or accommodations which is subject to taxation under Article 3 of Chapter 13 of this title; and (2) The sale of motor vehicles."
SECTION 14. Said title is further amended by striking subsection (b) of Code Section 48-8-49, relating to dealers' sales and use tax returns, and inserting in its place a new subsection (b) to read as follows:
"(b)(l) As used in this subsection, the term 'estimated tax liability' means a dealer's tax liability, adjusted to account for any subsequent change in the state sales and use tax rate, based on the dealer's average monthly payments for the last fiscal year. (2) If the estimated tax liability of a dealer for any taxable period exceeds $2,500.00, the dealer shall file a return and remit to the commissioner not less than 50 percent of the estimated tax liability for the taxable period on or before the twentieth day of the period. The amount of the payment of the estimated tax liability shall be credited against the amount to be due on the return required under subsection (a) of this Code section. This subsection shall not apply to any dealer unless during the previous fiscal year the dealer's monthly payments exceeded $2,500.00 per month for three consecutive months or more nor shall this subsection apply to any dealer whose primary business is the sale of motor fuels who is remitting prepaid state tax under paragraph (2) of subsection (b) of Code Section 48-9-14. No local sales taxes shall be included in determining any estimated tax liability."
SECTION 15. Said title is further amended by striking paragraph (3) of subsection (b) of Code Section 48-8-50, relating to compensation of dealers, and inserting in its place a new paragraph (3) to read as follows:
"(3) With respect to each certificate of registration number on such return, a deduction of 3 percent of the combined total amount due of all sales and use taxes on motor fuel as defined under paragraph (9) of Code Section 48-9-2, which are imposed under any provision of this title, including, but not limited to, sales and use taxes on motor fuel imposed under any of the provisions

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described in subsection (f) of this Code section but not including Code Section 48-9-14."
SECTION 16. Said title is further amended by striking subsection (b) of Code Section 48-9-14, relating to the second motor fuel tax, and inserting in its place a new subsection (b) to read as follows:
"(b)(l) The motor fuel tax imposed by this Code section is levied at the rate of 3 percent of the retail sale price less the tax imposed by Code Section 48-9-3 upon the sale, use, or consumption, as defined in Code Section 48-8-2, of motor fuel in this state. This tax shall be subject only to the exemptions provided in Code Section 48-9-3.
(2)(A) As used in this paragraph, the term 'prepaid state tax' shall have the same meaning as provided in paragraph (5.1) of Code Section 48-8-2. (B) At the time the tax imposed by Code Section 48-9-3 attaches to a sale or transfer of motor fuels, a prepaid state tax shall be collected. The same person remitting the tax imposed under Code Section 48-9-3, but on a separate schedule, shall remit the prepaid state tax to the state. The tax shall be separately invoiced throughout the chain of distribution until it reaches the dealer who makes the retail sale. The commissioner shall issue the rate of prepaid state tax on a semiannual basis, rounded to the nearest $.001 per gallon for use in the following the semiannual period. The rate shall be calculated at 4 percent of the state-wide average retail price by motor fuel type as compiled by the Energy Information Agency of the United States Department of Energy, the Oil Pricing Information Service, or a similar reliable published index less taxes imposed under Code Section 48-9-3, this subsection, and all local sales and use taxes. In the event that the retail price changes by 25 percent or more within a semiannual period, the commissioner shall issue a revised prepaid state tax rate for the remainder of that period."
SECTION 17. Said title is further amended by striking subsections (b) and (d) of Code Section 48-9-16, relating to penalties, and inserting in their place new subsections (b) and (d), respectively, to read as follows:
"(b) When any distributor fails to pay the tax or any part of the tax due under Code Section 48-9-3 or 48-9-14, the distributor shall be subj ect to a penalty of 10 percent of the amount of unpaid taxes due." "(d) When any distributor fails to pay the tax or any part of the tax due under Code Section 48-9-3 or 48-9-14, the distributor shall pay interest on the unpaid tax at the rate specified in Code Section 48-2-40 from the time the tax became due until paid."

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SECTION 18. Said title is further amended by striking Code Section 48-11-1, relating to definitions, and inserting in its place a new Code Section 48-11-1 to read as follows:
"48-11-1.
As used in this chapter, the term: (1) 'Cigar' means any roll for smoking made wholly or in part of tobacco when the cover of the roll is also tobacco. (2) 'Cigarette' means any roll for smoking made wholly or in part of tobacco when the cover of the roll is paper or any substance other than tobacco. (3) 'Dealer' means any person other than a distributor who is engaged in this state in the business of selling cigars, cigarettes, or loose or smokeless tobacco directly to the ultimate consumer of the cigars, cigarettes, or loose or smokeless tobacco. (4) 'Distributor' means any person who: (A) Maintains a warehouse, warehouse personnel, and salespersons who regularly contact and call on dealers; and (B) Is engaged in the business of: (i) Manufacturing cigars, cigarettes, or loose or smokeless tobacco in this state; importing cigars, cigarettes, or loose or smokeless tobacco into this state; or purchasing cigars, cigarettes, or loose or smokeless tobacco from other manufacturers or distributors; and (ii) Selling the cigars, cigarettes, or loose or smokeless tobacco to dealers in this state for resale, but is not in the business of selling the cigars, cigarettes, or loose or smokeless tobacco directly to the ultimate consumer of the cigars, cigarettes, or loose or smokeless tobacco. (5) 'First taxable transaction' means the first sale, receipt, purchase, possession, consumption, handling, distribution, or use of cigars, cigarettes, or loose or smokeless tobacco within this state. (6) 'Loose or smokeless tobacco' means granulated, plug cut, crimp cut, ready rubbed, and other smoking tobacco; snuff or snuff flour; cavendish; plug and twist tobacco; fine-cut and other chewing tobaccos; shorts; refuse scraps, clippings, cuttings, and sweepings of tobacco; and other kinds and forms of tobacco, prepared in such manner as to be suitable for chewing or smoking in a pipe or otherwise, or both for chewing and smoking but does not include cigarettes or cigars or tobacco purchased for the manufacture of cigarettes by cigarette distributors. (7) 'Sale' means any sale, transfer, exchange, theft, barter, gift, or offer for sale and distribution in any manner or by any means whatever. (8) 'Stamp' means any impression, device, stamp, label, or print manufactured, printed, made, or affixed as prescribed by the commissioner. (9) 'Vending machine' means any coin-in-the-slot device used for the automatic merchandising of cigars, cigarettes, or loose or smokeless tobacco."

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SECTION 19. Said title is further amended by striking Code Section 48-11-2, relating to excise taxes, and inserting in its place a new Code Section 48-11-2 to read as follows:
"48-11-2.
(a) An excise tax, in addition to all other taxes of every kind imposed by law, is imposed upon the sale, receipt, purchase, possession, consumption, handling, distribution, or use of cigars, cigarettes, and loose or smokeless tobacco in this state at the following rates:
(1) Little cigars weighing not more than three pounds per thousand: two and one-half mills each; (2) All other cigars: 23 percent of the wholesale cost price, exclusive of any trade, cash, or other discounts or any promotion, advertising, display, or similar allowances; (3) Cigarettes: 37g per pack of 20 cigarettes and a like rate, pro rata, for other size packages. (4) Loose or smokeless tobacco: 10 percent of the wholesale cost price, exclusive of any trade, cash, or other discounts or any promotion, advertising, display, or similar allowances. (b) When the retail selling price is referred to in this chapter as the basis for computing the tax, it is intended to mean the ordinary retail selling price of the article to the consumer before adding the amount of the tax. (c) The taxes imposed by this chapter are levied with respect to the purchase or use of cigars, cigarettes, or loose or smokeless tobacco by the state or any department, institution, or agency of the state and by the political subdivisions of the state and their departments, institutions, and agencies. The taxes imposed by this chapter are not imposed with respect to cigars, cigarettes, or loose or smokeless tobacco purchased exclusively for use by the patients at the Georgia War Veterans Home and the Georgia War Veterans Nursing Home, (d) The taxes imposed by this chapter are not levied with respect to cigars, cigarettes, or loose or smokeless tobacco the purchase or use of which this state is prohibited from taxing under the Constitution or statutes of the United States. (e) The taxes imposed by this chapter shall be advanced and paid by the distributor to the commissioner for deposit and distribution as provided in this chapter upon the first taxable transaction within the state, whether or not the transaction involves the ultimate purchaser or consumer. The seller or distributor shall collect the tax from the purchaser or consumer and the purchaser or consumer shall pay the tax to the seller or distributor. The seller or distributor shall be responsible for the collection of the tax and the payment of the tax to the commissioner. Whenever cigars, cigarettes, or loose or smokeless tobacco is shipped from outside the state to anyone other than a distributor, the person receiving the cigars, cigarettes, or loose or smokeless tobacco shall be deemed to be a distributor and shall be responsible for the tax on the cigars, cigarettes, or loose or smokeless tobacco and the payment of the tax to the commissioner. (f) The amount of taxes advanced and paid to the state as provided in this Code section shall be added to and collected as a part of the sales price of the cigars,

_____________GEORGIA LAWS 2003 SESSION___________691
cigarettes, or loose or smokeless tobacco sold or distributed. The amount of the tax shall be stated separately from the price of the cigars, cigarettes, or loose or smokeless tobacco. (g) The cigars, cigarettes, and loose or smokeless tobacco tax imposed shall be collected only once upon the same cigarettes, cigars, little cigars, or loose or smokeless tobacco."
SECTION 20. Said title is further amended by striking Code Section 48-11-3, relating to collection of such tax by stamps, and inserting in its place a new Code Section 48-11-3 to read as follows:
"48-11-3.
(a) Except as otherwise provided in this Code section, the taxes imposed by Code Section 48-11-2 shall be collected and paid through the use of stamps. The commissioner shall secure stamps of such design and materials as the commissioner deems appropriate to protect the revenue and shall sell the stamps to licensed distributors at a discount of not less than 2 percent and not more than 8 percent of the value of the stamps. The exact percentage of the discount shall be based on brackets according to the volume of cigars, cigarettes, and loose or smokeless tobacco handled by the distributor pursuant to regulations promulgated by the commissioner. The commissioner shall prescribe by regulation the condition, method, and manner in which stamps are to be affixed to containers of cigars, cigarettes, and loose or smokeless tobacco. (b) The commissioner may prescribe by regulation an alternate method, in lieu of the sale of stamps, of collecting and paying the tax imposed upon cigars and little cigars. The commissioner may also prescribe by regulation an alternate method, in lieu of the sale of stamps, of collecting and paying the tax imposed on loose or smokeless tobacco. Any such regulations shall be promulgated so that use of the alternate method will result in the same revenue to the state as the state would realize through the sale of stamps to the distributors. (c) No distributor shall sell or exchange with another distributor any stamps issued pursuant to this chapter. The commissioner is authorized to redeem at cost price any stamps presented for redemption by a licensed distributor when the commissioner determines from physical inspection that no cigars, cigarettes, or loose or smokeless tobacco has been sold by the distributor under pretense of the tax imposed by this chapter having been paid through use of the stamps."
SECTION 21. Said title is further amended by striking Code Section 48-11-4, relating to licensure and suspension and revocation, and inserting in its place a new Code Section 48-11-4 to read as follows:
"48-11-4. (a) No person shall engage in or conduct the business of manufacturing, purchasing, selling, consigning, vending, dealing in, or distributing cigars,

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cigarettes, or loose or smokeless tobacco in this state without first obtaining a license from the commissioner. (b) All licenses shall be issued by the commissioner, who shall make rules and regulations with respect to applications for and issuance of the licenses. The commissioner may refuse to issue any license under this chapter when the commissioner has reasonable cause to believe that the applicant has willfully withheld information requested of the applicant or required by the regulations to be provided or reported or when the commissioner has reasonable cause to believe that the information submitted in any application or report is false or misleading and is not given in good faith. (c) The fee for a distributor's license shall be $50.00 annually, except that for a person commencing business as a distributor for the first time the first year's fee shall be $250.00. Each dealer shall have a permanent license issued by the commissioner free of charge. Each license, except a dealer's license, shall begin on July 1 and end on June 30 of the next succeeding year. The prescribed fee shall accompany every application for a license and shall apply for any portion of the annual period. Each distributor's or dealer's license shall be subject to suspension or revocation for violation of any of the provisions of this chapter or of the rules and regulations made pursuant to this chapter. A separate license shall be required for each place of business. No person shall hold a distributor's license and a dealer's license at the same time. (d) The commissioner may make rules and regulations governing the sale of cigars, cigarettes, and loose or smokeless tobacco and other tobacco products in vending machines. The commissioner shall require annually a special registration of each vending machine for any operation in this state and charge a license fee for the registration in the amount of SI.00 for each machine. The annual registration shall indicate the location of the vending machine. No vending machine shall be purchased or transported into this state for use in this state when the vending machine is not so designed as to permit inspection without opening the machine for the purpose of determining that cigars, cigarettes, and loose or smokeless tobacco and other tobacco products contained in the machine bear the tax stamp required under this chapter. (e) The distributor's or dealer's license shall be exhibited in the place of business for which it is issued in the manner prescribed by the commissioner. The commissioner shall require each licensed distributor to file with the commissioner a bond in an amount of not less than $1,000.00 to guarantee the proper performance of the distributor's duties and the discharge of the distributor's liabilities under this chapter. The bond shall run concurrently with the distributor's license but shall remain in full force and effect for a period of one year after the expiration or revocation of the distributor's license unless the commissioner certifies that all obligations due the state arising under this chapter have been paid. (f) The jurisdiction of the commissioner in the administration of this chapter shall extend to every person using or consuming cigars, cigarettes, or loose or smokeless tobacco in this state and to every person dealing in cigars, cigarettes,

____________GEORGIA LAWS 2003 SESSION__________693
or loose or smokeless tobacco in any way for business purposes and maintaining a place of business in this state. For the purpose of this chapter, the maintaining of an office, store, plant, warehouse, stock of goods, or regular sales or promotional activity, whether carried on automatically or by salespersons or other representatives, shall constitute, among other activities, the maintaining of a place of business. (g) The commissioner may provide for the licensing of promotional activities, not including the sale of cigars, cigarettes, or loose or smokeless tobacco, carried on by the manufacturer. The fee for any such license shall be $10.00 annually."
SECTION 22. Said title is further amended by striking Code Section 48-11-5, relating to licensing of nonresident distributors, and inserting in its place a new Code Section 48-11-5 to read as follows:
"48-11-5.
(a)(l) If the commissioner finds that the collection of the tax imposed by this chapter would be facilitated by such action, the commissioner may authorize any person residing or located outside this state who is engaged in the business of manufacturing cigars, cigarettes, or loose or smokeless tobacco or any person residing or located outside this state who ships cigars, cigarettes, or loose or smokeless tobacco into this state for sale to licensed dealers in this state, to be licensed as a distributor and, after the person complies with the commissioner's requirements, to affix or cause to be affixed the stamps required by this chapter on behalf of the purchasers of the cigars, cigarettes, or loose or smokeless tobacco who would otherwise be taxable for the cigars, cigarettes, and loose or smokeless tobacco. The commissioner may sell tax stamps to an authorized person or may authorize the use of a metering machine by the person as provided in Code Section 48-11-3. (2) The commissioner shall require a bond of a nonresident distributor satisfactory to the commissioner and in an amount not to exceed $10,000.00, conditioned upon the payment of the tax and compliance with any other requirements specified by the commissioner. As a condition of authorization as provided in this Code section, a nonresident distributor shall agree to submit the distributor's books, accounts, and records for examination by the commissioner or the commissioner's duly authorized agent during reasonable business hours and shall appoint in writing an agent who resides in this state for the purpose of service. Service upon an agent shall be sufficient service upon the nonresident distributor and may be made by leaving a duly attested copy ofthe process with the agent. When legal process against any nonresident distributor is served upon the agent, the agent shall notify the nonresident distributor in the manner specified in Code Section 40-12-2. (3) Upon the grant of authorization as provided in this subsection and except as may otherwise be determined by the commissioner, a nonresident distributor shall become a licensed distributor within the meaning of this chapter and shall be subject to all provisions of this chapter applicable to licensed distributors.

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(b) Every nonresident manufacturer and every nonresident distributor of cigars, cigarettes, or loose or smokeless tobacco making shipments of cigars, cigarettes, or loose or smokeless tobacco by common carrier or otherwise for their own account or for the account of others to distributors or dealers located within this state shall make reports of the shipments when and as required by rules and regulations of the commissioner."
SECTION 23. Said title is further amended by striking Code Section 48-11-8, relating to sale or possession prohibitions and inserting in its place a new Code Section 48-11-8 to read as follows:
"48-11-8.
(a)(l) No person shall sell, offer for sale, or possess with intent to sell any cigarettes in this state when the cigarette container does not bear the tax stamps required by Code Section 48-11-3. (2) No person shall sell, offer for sale, or possess with intent to sell in this state any cigars or little cigars upon which the tax has not been paid under the alternate method of collecting the taxes provided in Code Section 48-11-3 or which do not bear tax stamps. (3) No person shall sell, offer for sale, or possess with intent to sell any loose or smokeless tobacco in this state when the loose or smokeless tobacco container does not bear the tax stamps required by Code Section 48-11-3 or upon which the tax has not been paid under the alternate method of collecting the tax provided under Code Section 48-11 -3. (b) Each distributor at the location for which such distributor's license is issued and in the manner specified by the commissioner shall affix the stamps required by this Code section to each individual package of cigarettes sold or distributed by such distributor. Each distributor shall comply with the commissioner's regulations for the payment of the tax on cigars or loose or smokeless tobacco as provided in Code Section 48-11-3 or shall affix to each container of cigars or loose or smokeless tobacco sold by such distributor or from which such distributor sells cigars or loose or smokeless tobacco the stamps required by this chapter. The stamps may be affixed or the tax under the alternate method may be paid by a distributor at any time before the cigars, cigarettes, or loose or smokeless tobacco is transferred out of such distributor's possession. (c) It is the intent of this chapter that the tax imposed by this chapter be paid only once and that, if the distributor acquires stamped cigarettes, tax-paid cigars, stamped cigars, stamped loose or smokeless tobacco, or tax-paid loose or smokeless tobacco, such distributor is not required to affix additional stamps or provide other evidence of payment of the tax. (d) Every dealer who comes into possession of cigars, cigarettes, or loose or smokeless tobacco not bearing proper tax stamps or other evidence of the tax imposed by this chapter shall report the cigars, cigarettes, or loose or smokeless tobacco to the commissioner prior to displaying, selling, using, or otherwise disposing of the cigars, cigarettes, and loose or smokeless tobacco. After a report,

_____________GEORGIA LAWS 2003 SESSION___________695
the commissioner shall authorize a licensed distributor to affix the proper stamps to the cigars, cigarettes, and loose or smokeless tobacco or, in the case of cigars or loose or smokeless tobacco, authorize the dealer to remit the tax by the alternate method promulgated by the commissioner in accordance with Code Section 48-11-3. A licensed distributor shall affix the stamps or comply with the alternate regulations when presented a permit for such action issued by the commissioner. A licensed distributor shall stamp cigarettes or comply with the alternate method provided in this chapter with respect to cigars or loose or smokeless tobacco, other than such distributor's own, only when authorized by the permit issued by the commissioner. (e) No wholesale or retail distributor or wholesale or retail dealer shall accept deliveries of unstamped cigarettes or loose or smokeless tobacco or nontax-paid cigars or loose or smokeless tobacco which is shipped to such distributor or acquired by such distributor at any place within the state except as authorized and provided in this Code section. All cigars, cigarettes, and loose or smokeless tobacco shall be examined by the distributor or dealer on receipt, and the distributor shall immediately report the cigars, cigarettes, or loose or smokeless tobacco to the commissioner as provided in subsection (d) of this Code section. (f) The commissioner may prescribe the charges which may be made by a distributor to any person for the services of the distributor as provided in this chapter in affixing the tax stamps to each individual package of cigarettes or loose or smokeless tobacco and may prescribe the charges which may be made by a distributor in complying with the commissioner's alternate regulations for the collection of the tax on cigars and little cigars or loose or smokeless tobacco. (g) This Code section shall not apply to unstamped cigars and little cigars or loose or smokeless tobacco upon which the tax has been paid in accordance with the alternate regulations promulgated by the commissioner under Code Section 48-11-3."
SECTION 24. Said title is further amended by striking Code Section 48-11 -9, relating to seizure of contraband, and inserting in its place a new Code Section 48-11-9 to read as follows:
"48-11-9.
(a)( 1) Any cigars, cigarettes, or loose or smokeless tobacco found at any place in this state without stamps affixed to them as required by this chapter are declared to be contraband articles and may be seized by the commissioner, the commissioner's agents or employees, or any peace officer of this state when directed by the commissioner to do so. (2) Paragraph (1) of this subsection shall not apply when:
(A) The tax has been paid on the unstamped cigars and little cigars or loose or smokeless tobacco in accordance with the commissioner's regulations promulgated pursuant to Code Section 48-11-3; (B) The cigars, cigarettes, or loose or smokeless tobacco is in the possession of a licensed distributor;

696______GENERAL ACTS AND RESOLUTIONS, VOL. I________
(C) The cigars, cigarettes, or loose or smokeless tobacco is in course of transit from outside the state and is consigned to a licensed distributor; (D) The cigars, cigarettes, or loose or smokeless tobacco is in the possession of a transporter who is in compliance with Code Section 48-11-22; or (E) The cigars, cigarettes, or loose or smokeless tobacco is in the possession of a registered taxpayer as defined in Code Section 48-11-14 and the time for making the report required by Code Section 48-11-14 has not expired. (3) This subsection shall not be construed to require the commissioner to confiscate unstamped or nontax-paid cigars, cigarettes, and loose or smokeless tobacco or other property when the commissioner has reason to believe that the owner of the cigars, cigarettes, loose or smokeless tobacco, or property is not willfully or intentionally evading the tax imposed by this chapter. (b) Any cigars, cigarettes, loose or smokeless tobacco, or other property seized pursuant to this chapter may be offered for sale by the commissioner, at the commissioner's discretion, at public auction to the highest bidder after advertisement as provided in this Code section. The commissioner shall deliver to the Office of Treasury and Fiscal Services the proceeds of any sale made under this Code section. Before delivering any cigars, cigarettes, or loose or smokeless tobacco sold to a purchaser at the sale, the commissioner shall require the purchaser to affix to the packages the amount of stamps required by this chapter or to comply with the commissioner's alternate method. The seizure and sale of any cigars, cigarettes, loose or smokeless tobacco, or property pursuant to this chapter shall not relieve any person from a fine, imprisonment, or other penalty for violation of this chapter. (c) When any cigars, cigarettes, loose or smokeless tobacco, or other property has been seized pursuant to this chapter, the commissioner, at the commissioner's discretion, may advertise it for sale in a newspaper published or having a circulation in the place in which the seizure occurred, at least five days before the sale. Any person claiming an interest in the cigars, cigarettes, loose or smokeless tobacco, or other property may make written application to the commissioner for a hearing. The application shall state the person's interest in the cigars, cigarettes, loose or smokeless tobacco, or other property and such person's reasons why the cigars, cigarettes, loose or smokeless tobacco, or other property should not be forfeited. Further proceedings on the application for hearing shall be taken as provided in subsection (a) of Code Section 48-11-18. No sale of any cigars, cigarettes, loose or smokeless tobacco, or property seized pursuant to this chapter shall be made while an application for a hearing is pending before the commissioner. The pendency of an appeal under subsection (b) of Code Section 48-11-18 shall not prevent the sale unless the appellant posts a satisfactory bond with surety in an amount double the estimated value of the cigars, cigarettes, loose or smokeless tobacco, or other property and conditioned upon the successful termination of the appeal. (d) Any vending machine containing or dispensing any cigarettes or loose or smokeless tobacco which does not bear the tax stamps required under this chapter or containing or dispensing any cigars or loose or smokeless tobacco upon which

____________GEORGIA LAWS 2003 SESSION__________697
the tax has not been paid either through the purchase of stamps or the alternate procedure provided by the commissioner as required under this chapter shall be a contraband article. The commissioner may seize any such machine and deal with it in the same manner as provided by law for the seizure and sale of unstamped cigarettes or loose or smokeless tobacco and nontax-paid cigars or loose or smokeless tobacco."
SECTION 25. Said title is further amended by striking Code Section 48-11-10, relating to monthly reports, and inserting in its place a new Code Section 48-11-10 to read as follows:
"48-11-10.
(a) Every licensed distributor shall file with the commissioner, on or before the tenth day of each month, a report in the form prescribed by the commissioner and disclosing:
(1) The quantity of cigars, cigarettes, or loose or smokeless tobacco on hand on the first and last days of the calendar month immediately preceding the month in which the report is filed; (2) Information required by the commissioner concerning the amount of stamps purchased, used, and on hand during the report period; and (3) Information otherwise required by the commissioner for the report period. (b) The commissioner may require other reports as the commissioner deems necessary for the proper administration of this chapter including, but not limited to, reports from common carriers and warehousemen with respect to cigars, cigarettes, and loose or smokeless tobacco delivered to or stored at any point in this state. (c) Any person who fails to file any report when due shall forfeit as a penalty for each day after the due date until the report is filed the sum of $1.00, to be collected in the manner provided in subsection (c) of Code Section 48-11-24 for the collection of penalties."
SECTION 26. Said title is further amended by striking subsection (a) of Code Section 48-11-11, relating to records, and inserting in its place a new subsection (a) to read as follows:
"(a) Each distributor and each dealer shall keep complete and accurate records of all cigars, cigarettes, and loose or smokeless tobacco manufactured, produced, purchased, and sold. The records shall be of the kind and in the form prescribed by the commissioner and shall be safely preserved for three years in an appropriate manner to ensure permanency and accessibility for inspection by the commissioner and the commissioner's authorized agents. The commissioner and the commissioner's authorized agents may examine the books, papers, and records of any distributor or dealer in this state for the purpose of determining whether the tax imposed by this chapter has been fully paid and, for the purpose ofdetermining whether the provisions ofthis chapter are properly observed, may investigate and examine the stock of cigars, cigarettes, or loose or smokeless tobacco in or upon any premises including, but not limited to, public and private

698_______GENERAL ACTS AND RESOLUTIONS, VOL. I_______
warehouses where the cigars, cigarettes, or loose or smokeless tobacco is possessed, stored, or sold,"
SECTION 27. Said title is further amended by striking subsection (a) of Code Section 48-11-12, relating to assessment of deficiencies and penalties, and inserting in its place a new subsection (a) to read as follows:
"(a)(l) The commissioner shall assess a deficiency and may assess a penalty of 10 percent of the deficiency if, after an examination of the invoices, books, and records of a licensed distributor or dealer or of any other information obtained by the commissioner or the commissioner's authorized agents, the commissioner determines that:
(A) The report of the licensed distributor or licensed dealer is incorrect; (B) The licensed distributor or dealer has not paid the tax in accordance with the alternate regulations promulgated by the commissioner under Code Section 48-11-3; (C) The licensed distributor or dealer has not purchased sufficient stamps to cover such licensed distributor or dealer's receipts for sales or other disposition of unstamped cigarettes or loose or smokeless tobacco and nontax-paid cigars or loose or smokeless tobacco. (2) In any case where a licensed distributor or dealer cannot produce evidence of sufficient stamps purchased or other payment of the tax to cover the receipt of unstamped cigarettes or loose or smokeless tobacco or nontax-paid cigars or loose or smokeless tobacco, it shall be assumed that the cigars, cigarettes, and loose or smokeless tobacco were sold without having either the proper stamps affixed or the tax paid on unstamped cigars or loose or smokeless tobacco."
SECTION 28. Said title is further amended by striking Code Section 48-11-13, relating to certain use, consumption, or storage taxes, and inserting in its place a new Code Section 48-11-13 to read as follows:
"48-11-13.
(a) There is imposed a tax on every person for the privilege of using, consuming, or storing cigars, cigarettes, and loose or smokeless tobacco in this state on which the tax imposed by Code Section 48-11-2 has not been paid. The tax shall be measured by and graduated in accordance with the volume of cigars, cigarettes, and loose or smokeless tobacco used, consumed, or stored as set forth in Code Section 48-11-2. (b) This Code section shall not apply to:
(1) Cigars, cigarettes, or loose or smokeless tobacco in the hands of a licensed distributor or dealer; (2) Cigars, cigarettes, or loose or smokeless tobacco in the possession of a carrier complying with Code Section 48-11-22;

_____________GEORGIA LAWS 2003 SESSION___________699
(3) Cigars, cigarettes, or loose or smokeless tobacco stored in a public warehouse; (4) Cigarettes in an amount not exceeding 200 cigarettes which have been brought into the state on the person; (5) Cigars in an amount not exceeding 20 cigars which have been brought into the state on the person; or (6) Loose or smokeless tobacco in an amount not exceeding six containers which has been brought into the state on the person."
SECTION 29. Said title is further amended by striking subsection (a) of Code Section 48-11-14, relating to registration, reports, and tax payments, and inserting in its place a new subsection (a) to read as follows:
"(a) Before any person acquires cigars, cigarettes, or loose or smokeless tobacco subject to the tax imposed by Code Section 48-11-13, such person shall register with the commissioner as a responsible taxpayer subject to the obligation of maintaining records and making reports in the form prescribed by the commissioner. The report shall be made on or before the tenth day of the month following the month in which the cigars, cigarettes, or loose or smokeless tobacco was acquired and shall be accompanied by the amount of tax due."
SECTION 30. Said title is further amended by striking Code Section 48-11-15, relating to claims for refunds, and inserting in its place a new Code Section 48-11-15 to read as follows:
"48-11-15. The Office of Treasury and Fiscal Services is authorized to pay, on the order of the commissioner, claims for refunds of cigar, cigarette, or loose or smokeless tobacco taxes found by the commissioner or the courts to be due any distributor, dealer, or taxpayer. The commissioner, upon proof satisfactory to the commissioner and in accordance with regulations promulgated by the commissioner, shall refund the cost price of stamps affixed to any package of cigars, cigarettes, or loose or smokeless tobacco or shall refund the tax paid on cigars or loose or smokeless tobacco under the alternate method when the cigars, cigarettes, or loose or smokeless tobacco has become unfit for use, consumption, or sale and has been destroyed or shipped out of the state."
SECTION 31. Said title is further amended by striking Code Section 48-11-17, relating to status of unpaid tax as a lien, and inserting in its place a new Code Section 48-11-17 to read as follows:
"48-11-17. The amount of any unpaid tax shall be a lien against the property of any distributor or dealer who sells cigars, cigarettes, or loose or smokeless tobacco without collecting the tax and against the property of any person using or

700______GENERAL ACTS AND RESOLUTIONS, VOL. I_________
consuming cigars, cigarettes, or loose or smokeless tobacco without proper stamps affixed to the cigars, cigarettes, or loose or smokeless tobacco or without the tax paid on the cigars or loose or smokeless tobacco as otherwise provided in this chapter. The commissioner or the commissioner's authorized agents are authorized to seize the property of a delinquent distributor, dealer, or taxpayer and sell it as provided by law to satisfy the claim for taxes due under this chapter; or the commissioner may record the commissioner's lien specifying and describing the property against which the lien is effective, and the lien shall be good as against any other person until the claim for taxes is satisfied."
SECTION 32. Said title is further amended by striking subsection (a) of Code Section 48-11-18, relating to hearings by the commissioner, and inserting in its place a new subsection (a) to read as follows:
"(a) Any person aggrieved by any action of the commissioner or the commissioner's authorized agent may apply to the commissioner, in writing within ten days after the notice of the action is delivered or mailed to the commissioner, for a hearing. The application shall set forth the reasons why the hearing should be granted and the manner of relief sought. The commissioner shall notify the applicant of the time and place fixed for the hearing. After the hearing, the commissioner may make an order as may appear to the commissioner to be just and lawful and shall furnish a copy of the order to the applicant. The commissioner at any time by notice in writing may order a hearing on the commissioner's own initiative and require the taxpayer or any other person whom the commissioner believes to be in possession of information concerning any manufacture, importation, use, consumption, storage, or sale of cigars, cigarettes, or loose or smokeless tobacco which has escaped taxation to appear before the commissioner or the commissioner's duly authorized agent with any specific books of account, papers, or other documents for examination under oath relative to the information."
SECTION 33. Said title is further amended by striking subsection (a) of Code Section 48-11-19, relating to powers and duties of special agents and enforcement officers, and inserting in its place a new subsection (a) to read as follows:
"(a) Each person appointed by the commissioner as a special agent or enforcement officer of the department for the enforcement of the laws of this state with respect to the manufacture, transportation, distribution, sale, possession, and taxation of cigars, cigarettes, little cigars, and loose or smokeless tobacco shall have the authority throughout the state to:
(1) Obtain and execute warrants for arrest of persons charged with violations of such laws; (2) Obtain and execute search warrants in the enforcement of such laws; (3) Arrest without warrant any person violating such laws in the officer's presence or within such officer's immediate knowledge when there is likely to

_____________GEORGIA LAWS 2003 SESSION___________701
be a failure of enforcement of such laws for want of ajudicial officer to issue a warrant; (4) Make investigations in the enforcement of such laws and, in connection with such investigations, to go upon any property outside buildings, whether posted or otherwise, in the performance of such officer's duties; (5) Seize and take possession of all property which is declared contraband under such laws; and (6) Carry firearms while performing such officer's duties."
SECTION 34. Said title is further amended by striking Code Section 48-11-22, relating to transportation of certain cigarettes and cigars, and inserting in its place a new Code Section 48-11-22 to read as follows:
"48-11-22.
(a) Every person who transports upon the public highways, roads, and streets of this state cigars, cigarettes, or loose or smokeless tobacco not stamped or on which tax has not been paid in accordance with the alternate regulations provided by the commissioner under Code Section 48-11-3 shall have in such person's actual possession invoices or delivery tickets for the cigars, cigarettes, and loose or smokeless tobacco which show the true name and address of the consignor or seller, the true name of the consignee or purchaser, the quantity and brands of the cigars, cigarettes, or loose or smokeless tobacco transported, and the name and address of the person who has assumed or shall assume the payment of the tax at the point of ultimate destination. In the absence of the invoices or delivery tickets, the cigars, cigarettes, or loose or smokeless tobacco being transported and the vehicles in which the cigars, cigarettes, or loose or smokeless tobacco is being transported shall be confiscated and disposed of as provided in Code Section 48-11 -9; and the transporter may be liable for a penalty of not more than $25.00 for each individual carton of cigarettes, $50.00 for each individual box of cigars, and $25.00 for each individual container of loose or smokeless tobacco being transported by such person. The penalty shall be recovered as provided in subsection (c) of Code Section 48-11-24. (b) This Code section shall apply only with respect to the transportation of more than 200 cigarettes, more than 20 cigars, or more than six containers of loose or smokeless tobacco."
SECTION 35. Said title is further amended by striking subsection (a) of Code Section 48-11-23, relating to additional sale requirements, and inserting in its place a new subsection (a) to read as follows:
"(a) It shall be unlawful for any person, with intent to evade the tax imposed by this chapter, to transport cigars, cigarettes, or loose or smokeless tobacco in violation of Code Section 48-11-22."

702______GENERAL ACTS AND RESOLUTIONS, VOL. I_________
SECTION 36. Said title is further amended by striking Code Section 48-11-23.1, relating to additional requirements and seizure and forfeiture of contraband, and inserting in its place a new Code Section 48-11-23.1 to read as follows:
"48-11-23.1.
(a) As used in this Code section, the term 'package' means a pack, carton, or container of any kind in which cigarettes or loose or smokeless tobacco is offered for sale, sold, or otherwise distributed, or intended for distribution, to consumers. (b) No tax stamp may be affixed to, or made upon, any package of cigarettes or loose or smokeless tobacco if:
(1) The package differs in any respect with the requirements of the Federal Cigarette Labeling and Advertising Act, 15 U.S.C. Sec. 1331, et seq., for the placement of labels, warnings, or any other information upon a package of cigarettes or loose or smokeless tobacco that is to be sold within the United States; (2) The package is labeled 'For Export Only,' 'U.S. Tax Exempt,' 'For Use Outside U.S.,' or similar wording indicating that the manufacturer did not intend that the product be sold in the United States; (3) The package, or a package containing individually stamped packages, has been altered by adding or deleting the wording, labels, or warnings described in paragraph (1) or (2) of this subsection; (4) The package has been imported into the United States after January 1, 2000, in violation of 26 U.S.C. Sec. 5754; or (5) The package in any way violates federal trademark or copyright laws. (c) Any person who sells or holds for sale a cigarette or loose or smokeless tobacco package to which is affixed a tax stamp in violation of subsection (b) of this Code section shall be guilty of a misdemeanor. (d) Notwithstanding any other provision of law, the commissioner may revoke any license issued under this chapter to any person who sells or holds for sale a cigarette or loose or smokeless tobacco package to which is affixed a tax stamp in violation of subsection (b) of this Code section. (e) Notwithstanding any other provision of law, the commissioner may seize and destroy or sell to the manufacturer, only for export, packages that do not comply with subsection (b) of this Code section. (f) A violation of subsection (b) of this Code section shall constitute an unfair and deceptive act or practice under Part 2 of Article 15 of Chapter 1 of Title 10, the 'Fair Business Practices Act of 1975.'"
SECTION 37. Said title is further amended by striking subsection (a) of Code Section 48-11-24, relating to criminal penalties, and inserting in its place a new subsection (a) to read as follows:
"(a) Any person who possesses unstamped cigarettes or loose or smokeless tobacco or nontax-paid cigars or loose or smokeless tobacco in violation of this chapter shall be liable for a penalty of not more than $25.00 for each individual

_____________GEORGIA LAWS 2003 SESSION___________703
carton of unstamped cigarettes or loose or smokeless tobacco and $50.00 for each individual box of nontax-paid cigars or loose or smokeless tobacco in his or her possession."
SECTION 38. Said title is further amended by striking Code Section 48-11-25, relating to criminal penalties, and inserting in its place a new Code Section 48-11 -25 to read as follows:
"48-11-25. (a)(l) It shall be unlawful for any person, with the intent to evade the tax imposed by this chapter, to possess unstamped cigarettes or loose or smokeless tobacco or nontax-paid cigars or loose or smokeless tobacco. (2) Any person who violates paragraph (1) of this subsection shall be guilty of a misdemeanor. (b)( 1) It shall be unlawful for any person, with the intent to evade the tax imposed by this chapter, to: (A) Sell cigarettes or loose or smokeless tobacco without the stamps required by this chapter being affixed to the cigarettes or loose or smokeless tobacco; or (B) Sell cigars or loose or smokeless tobacco without the stamp or stamps required by this chapter or without the tax being paid on the cigars or loose or smokeless tobacco in accordance with the alternate method. (2) Any person who violates paragraph (1) of this subsection shall be guilty of a felony and, upon conviction thereof, shall be imprisoned for not less than one year nor more than ten years."
SECTION 39. Said title is further amended by striking subsection (a) of Code Section 48-11-27, relating to criminal penalties, and inserting in its place a new subsection (a) to read as follows:
"(a) It shall be unlawful for any person to: (1) Make a false entry upon any invoices or any record relating to the purchase, possession, or sale of cigarettes or loose or smokeless tobacco; or (2) With intent to evade any tax imposed by this chapter, present any false entry upon any such invoice or record for the inspection of the commissioner or the commissioner's authorized agents."
SECTION 40. Said title is further amended by striking subsection (a) of Code Section 48-18-3, relating to investments of certified capital and premium tax credits, and inserting in its place a new subsection (a) to read as follows:
"(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 January 1, 2007, a certified investor shall be entitled to take up to 10 percent of such

704_______GENERAL ACTS AND RESOLUTIONS, VOL. I_________
vested tax credits in any taxable year to reduce the certified investor's state premium tax 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."
SECTION 41. Said title is further amended by adding a new Code section at the end thereof, to be designated Code Section 48-18-9, to read as follows:
"48-18-9. Notwithstanding any provision of law to the contrary, no provision of this chapter shall be implemented prior to July 1, 2004."
SECTION 42. Article 1 of Chapter 3 of Title 35 of the Official Code of Georgia Annotated, relating to general provisions regarding the Georgia Bureau of Investigation, is amended by striking Code Section 35-3-8, relating to powers of agents generally, and inserting in its place a new Code Section 35-3-8 to read as follows:
"35-3-8.
(a) All properly appointed agents of the bureau shall have the powers, including the power of making arrests and appearing in court, for the enforcement of all criminal statutes pertaining to the manufacture, transportation, distribution, sale, or possession of liquor, wine, beer, alcoholic beverages, cigars, cigarettes, little cigars, cheroots, stogies, and loose or smokeless tobacco and shall concurrently with agents and enforcement officers appointed by the state revenue commissioner have the authority throughout the state to:
(1) Obtain and execute warrants for the arrest of persons charged with violations of such laws; (2) Obtain and execute search warrants in the enforcement of such laws; (3) Arrest without warrant any person found in violation of such laws, or endeavoring to escape, or if for other cause there is likely to be a failure of enforcement of such laws for want of an officer to issue a warrant; (4) Make investigations in the enforcement of such laws and in connection therewith to go upon any property outside of buildings, posted or otherwise, in the performance of such duties; (5) Seize and take possession of all property which is declared contraband under such laws; and (6) Carry firearms while performing their duties. (b) The enforcement powers conferred in this Code section upon agents of the bureau shall relate only to the enforcement of the criminal provisions relating to the manufacture, transportation, distribution, sale, or possession of liquor, wine,

_____________GEORGIA LAWS 2003 SESSION___________705
beer, alcoholic beverages, cigars, cigarettes, little cigars, cheroots, stogies, and loose or smokeless tobacco and shall not extend to regulatory matters with respect to such products under the jurisdiction of the state revenue commissioner."
SECTION 43. Title 50 of the Official Code of Georgia Annotated, relating to state government, is amended by striking subsection (a) of Code Section 50-5-76, relating to tax stamps, and inserting in its place a new subsection (a) to read as follows:
"(a) All cigarette tax stamps, loose or smokeless tobacco tax stamps, fertilizer tax tags, and other stamps, tags, and paraphernalia evidencing the payment of tax collected by the state or any department thereof shall be purchased by the Department of Administrative Services subject to the requisition of any department of the state requiring the use of the tax stamps or tags."
SECTION 44. Said title is further amended by striking Code Section 50-6-5, relating to examinations by the state auditor, and inserting in its place a new Code Section 50-6-5 to read as follows:
"50-6-5. The state auditor shall, upon the request of either the Governor or the state revenue commissioner, make an examination into and report upon the necessary books, records, and accounts of those persons, firms, and corporations required by law to pay an occupational tax as distributors of motor fuels and also, at the request of the state revenue commissioner, of those persons, firms, and corporations required by law to pay a tax upon the retail sales price of cigarettes, cigars, and loose or smokeless tobacco, as prescribed in Code Section 48-11-2. The examination is to be made at such time as shall be fixed by the state revenue commissioner and for the purpose and to the extent of ascertaining whether or not the tax has been paid and collected as provided by law."
SECTION 45. Title 36 of the Official Code of Georgia Annotated, relating to local government, is amended by striking Code Section 36-89-2, relating to appropriations for homeowner tax relief grants, and inserting in its place a new Code Section 36-89-2 to read as follows:
"36-89-2. In each year the General Assembly shall 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 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."

706______GENERAL ACTS AND RESOLUTIONS, VOL. I_________
SECTION 46. Said title is further amended by striking Code Section 36-89-3, relating to specification requirements of homeowner tax relief grant appropriations, and inserting in its place a new Code Section 36-89-3 to read as follows:
"36-89-3. In each year the General Assembly shall appropriate to the Department of Revenue 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, which eligible assessed value shall, subject to annual appropriation by the General Assembly, be not less than that specified in the Fiscal Year 2004 General Appropriations Act. 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 47. (a) Except as otherwise provided in this section, this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. (b) Sections 2, 5, 6, 7, and 8 of this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval and shall be applicable to all taxable years beginning on or after January 1, 2003. (c) Sections 3 and 9 of this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval and shall be applicable to all calendar quarters beginning on or after April 1, 2004. (d) Sections 18 through 39 and 42 through 44 of this Act shall become effective July 1,2003. (e) Section 4 of this Act shall become effective January 1, 2006. (f) Sections 10, 14, 15, 16, and 17 of this Act shall become effective January 1, 2004.
SECTION 48. All laws and parts of laws in conflict with this Act are repealed.
Approved June 4, 2003.

_____________GEORGIA LAWS 2003 SESSION___________707
EDUCATION - COLLEGE ATHLETIC RECRUITMENT RULES.
No. 344 (House Bill No. 95).
AN ACT
To amend Part 14 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to other educational programs, so as to provide a cause of action against certain persons in favor of certain colleges and universities and student athletes for violations of college athletic recruitment rules and regulations; to provide for damages, costs, attorney's fees, and injunctive relief; to provide for certain required disclosures for all student-athletes in high schools in this state; to provide for criminal 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:
SECTION 1. Part 14 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to other educational programs, is amended by adding new Code Sections 20-2-317 and 20-2-318 to read as follows:
"20-2-317. (a) As used in this Code Section, the term:
(1) 'Immediate family' shall mean a student-athlete's spouse, child, parent, stepparent, grandparent, grandchild, brother, sister, mother-in-law, father-in-law, sister-in-law, brother-in-law, nephew, niece, aunt, uncle, first cousin, and the spouses and guardians of any such individuals. (2) 'Person' shall mean an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, firm, or any other legal or commercial entity. (3) 'Student-athlete' shall mean a student at any public or private institution of postsecondary education in this state or a student residing in this state who has applied, is eligible to apply, or may be eligible to apply in the future to a public or private institution of postsecondary education who engages in, is eligible to engage in, or may be eligible to engage in any intercollegiate sporting event, contest, exhibition, or program. (b) Except as provided in subsection (c) of this Code section, no person shall give, offer, promise, or attempt to give any money or other thing of value to a student-athlete or member of a student-athlete's immediate family: (1) To induce, encourage, or reward the student-athlete's application, enrollment, or attendance at a public or private institution of postsecondary education in order to have the athlete participate in intercollegiate sporting events, contests, exhibitions, or programs at that institution; or (2) To induce, encourage, or reward the student-athlete's participation in an intercollegiate sporting event, contest, exhibition, or program.

708______GENERAL ACTS AND RESOLUTIONS, VOL. I_________
(c) This Code section shall not apply to: (1) Any public or private institution of postsecondary education or to any officer or employee of such institution when the institution or officer or employee of such institution is acting in accordance with an official written policy of such institution which is in compliance with the bylaws of the National Collegiate Athletic Association; (2) Any intercollegiate athletic awards approved or administered by the student-athlete's institution; (3) Grants-in-aid or other full or partial scholarships awarded to a student-athlete or administered by an institution of postsecondary education; (4) Members of the student-athlete's immediate family; and (5) Money or things of value given by a person to a student-athlete or the immediate family of a student-athlete that do not exceed $250.00 in value in the aggregate on an annual basis.
(d) Any person that violates the provisions of subsection (b) of this Code section shall be guilty of a misdemeanor of a high and aggravated nature. (e) Each public and private high school in this state shall advise in writing at the beginning of each sports season each student who participates in any athletic program sponsored by the school of the provisions of this Code section and shall provide each student with information concerning the effect of receiving money or other things of value on the student's future eligibility to participate in intercollegiate athletics. The provisions of this subsection shall not apply to intermural athletic programs at such schools.
20-2-318. (a) As used in this Code Section, the term:
(1) 'Immediate family' shall mean a student-athlete's spouse, child, parent, stepparent, grandparent, grandchild, brother, sister, mother-in-law, father-in-law, sister-in-law, brother-in-law, nephew, niece, aunt, uncle, first cousin, and the spouses and guardians of any such individuals. (2) 'Person' shall mean an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, firm, or any other legal or commercial entity. (3) 'Student-athlete' shall mean a student at any public or private institution of postsecondary education in this state or a student residing in this state who has applied, is eligible to apply, or may be eligible to apply in the future to a public or private institution of postsecondary education who engages in, is eligible to engage in, or may be eligible to engage in any intercollegiate sporting event, contest, exhibition, or program. (b) Each public and private institution of postsecondary education located in this state that participates or engages in intercollegiate athletics shall have a right of action against any person who engages in any activity concerning student-athletes that results in the institution being penalized, disqualified, or suspended from participation in intercollegiate athletics by a national association for the promotion and regulation of intercollegiate athletics, by an athletic conference or

_____________GEORGIA LAWS 2003 SESSION___________709
other sanctioning body, or by reasonable self-imposed disciplinary action taken by such institution to mitigate sanctions likely to be imposed by such organizations as a result of such activity. The institution shall be entitled to recover all damages which are directly related to or which flow from and are reasonably related to such improper activity and to such penalties, disqualifications, and suspensions. Damages shall include, but not be limited to, loss of scholarships, loss of television revenue, loss of bowl revenue, and legal and other fees associated with the investigation of the activity and the representation of the institution before the sanctioning organizations in connection with the investigation and resolution of such activity. If the institution is the prevailing party in its cause of action, it shall be entitled to an award of court costs, costs of litigation, and reasonable attorney's fees. The institution may also request and the court may enter an injunction against any person found liable from having any further contact with the institution, its student-athletes, and student-athletes who have expressed or might express an interest in attending the institution and from attending athletic contests, exhibitions, games, or other such events in which one or more of the institution's student-athletes is participating. The right of action and remedies under this Code section are in addition to all other rights of action which may be available to the institution."
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 June 4, 2003.

710______GENERAL ACTS AND RESOLUTIONS, VOL. I_________

STATE GOVERNMENT - APPROPRIATIONS; S.F.Y. 2003 - 2004.

No. 345 (House Bill No. 122)

AN ACT

To make and provide appropriations for the State Fiscal Year beginning July 1, 2003, and ending June 30, 2004; to make and provide such appropriations for the operation of the State government, its departments, boards, bureaus, commissions, institutions, and other agencies, and for the university system, common schools, counties, municipalities, political subdivisions and for all other governmental activities, projects and undertakings authorized by law, and for all leases, contracts, agreements, and grants authorized by law; to provide for the control and administration of funds; to provide an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

That the sums of money hereinafter provided are appropriated for the State Fiscal Year beginning July 1, 2003, and ending June 30, 2004, as prescribed hereinafter for such fiscal year, from funds from the Federal Government and the General Funds of the State, including unappropriated surplus, reserves, new revenues, and a revenue estimate of $14,805,858,107 (excluding indigent trust fund receipts, tobacco fund receipts and lottery receipts) for State Fiscal Year 2004.

PART I. LEGISLATIVE BRANCH

Section 1. General Assembly.
State Funds Personal Services - Staff Personal Services - Elected Officials Regular Operating Expenses Travel-Staff Travel - Elected Officials Capital Outlay Per Diem Differential Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem and Fees - Staff Contracts - Staff Per Diem and Fees - Elected Officials

____________

I$

35,126,9701

$

18,817,159

$

5,457,157

$

2,560,476

$

113,000

S

3,500

$

0

$

0

$

978,000

$

43,450

$

7,479

$

647,989

$

341,857

$

79,000

$

3,575,903

GEORGIA LAWS 2003 SESSION

Contracts - Elected Officials Photography Expense Reimbursement Account Austerity Adjustments
Total Funds Budgeted State Funds Budgeted
Senate Functional Budgets

Senate and Research Office

$

Lt. Governor's Office

$

Secretary of the Senate's Office $

Senate Budget Office

$

Total

1$

House Functional Budgets

House of Representatives and

Research Office

$

Speaker of the House's Office

$

Clerk of the House's Office

$

Total

1$

Joint Functional Budgets

Legislative Counsel's Office

$

Legislative Fiscal Office

$

Legislative Budget Office

$

Ancillary Activities

$

Budgetary Responsibility Oversight

Committee

$

Total

I$

Functional Budgets

Austerity Adjustments

1S

$ $
$j>r 1$ i*
Total Funds 6,187,082 $ 901,505 $ 1,236,212 $ 620,008 $ 8.944.8071 $
Total Funds
13,320,484 $ 461,858 $
1,583,487 $ 15.365.8291 S
Total Funds 3,149,534 $ 2,289,716 $ 1,234,180 $ 3,721,638 $
421,266 $ 10.816.3341 $
Total Funds 01 S

711
745,000 105,000 1,652,000
0 35.126.970
15 176,970
State Funds 6,187,082 901,505 1,236,212 620,008 8.944.807 1
State Funds
13,320,484 461,858
1,583,487 15.365.829 1
State Funds 3,149,534 2,289,716 1,234,180 3,721,638
421,266 10.816.3341
State Funds 01

For compensation, expenses, mileage, allowances, travel and benefits for members, officials, committees and employees of the General Assembly and each House thereof; for operating the offices of Lieutenant Governor and Speaker of the House of Representatives; for membership in the Council of State Governments, the National Conference of State Legislatures and the National Conference of Insurance Legislators and other legislative organizations, upon approval of the Legislative Services Committee; for membership in the Marine Fisheries Compact and other compacts, upon approval of the Legislative Services Committee; for the maintenance, repair, construction, reconstruction, furnishing and refurbishing of space and other facilities for the Legislative Branch; provided, however, before the

712______GENERAL ACTS AND RESOLUTIONS, VOL. I______

Legislative Services Committee authorizes the reconstruction or renovation of legislative office space, committee rooms, or staff support service areas in any State-owned building other than the State Capitol, the committee shall measure the need for said space as compared to space requirements for full-time state agencies and departments and shall, prior to approval of renovation or reconstruction of legislative office space, consider the most efficient and functional building designs used for office space and related activities; for the Legislative Services Committee, the Office of Legislative Counsel, the Office of Legislative Budget Analyst and for the Legislative Fiscal Office; for compiling, publishing and distributing the Acts of the General Assembly and the Journals of the Senate and the House of Representatives; for Code Revision; for equipment, supplies, furnishings, repairs, printing, services and other expenses of the Legislative Branch of Government; and for payments to Presidential Electors. The provisions of any other law to the contrary notwithstanding, such payments to Presidential Electors shall be paid from funds provided for the Legislative Branch of Government, and the payment and receipt of such allowances shall not be in violation of any law.

The Legislative Services Committee shall seek to determine ways to effect economies in the expenditure of funds appropriated to the Legislative Branch of Government. The Committee is hereby authorized to promulgate rules and regulations relative to the expenditure of funds appropriated to the Legislative Branch which may include that no such funds may be expended without prior approval of the Committee. The Committee shall also make a detailed study of all items and programs for which payments are made from funds appropriated to the Legislative Branch of Government with a view towards determining which are legitimate legislative expenses and which should be paid from other appropriations.

Section 2. Department of Audits.
State Funds Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Real Estate Rentals Per Diem and Fees Contracts Computer Charges Telecommunications Austerity Adjustments
Total Funds Budgeted
State Funds Budgeted

____________

I$

30.885,636]

$

26,224,702

$

854,100

$

500,000

$

0

$

115,795

$

1,105,815

$

195,000

S

0

$

1,558,000

$

332,224

S__________0

IS

30.885.636

I c

in as*

GEORGIA LAWS 2003 SESSION

PART II JUDICIAL BRANCH

Section 3. Judicial Branch. State Funds Personal Services Other Operating Prosecuting Attorney's Council Judicial Administrative Districts Payment to Council of Superior Court Clerks Payment to Resource Center Computerized Information Network Austerity Adjustments
Total Funds Budgeted
State Funds Budgeted
Judicial Branch Functional Budgets

Supreme Court

$

Court of Appeals

$

Superior Court - Judges

$

Superior Court - District Attorneys S

Council of Juvenile Court Judges $

Institute of Continuing Judicial

Education

$

Judicial Council

$

Judicial Qualifications Commission $

Indigent Defense Council

$

Georgia Courts Automation

Commission

S

Georgia Office Of Dispute

Resolution

$

Total

1$

S S $ $ S
$ S $ $ S
S
Total Funds 8,841,829 $ 11,775,833 $
48,190,598 $ 45,444,571 $
1,382,402 $
1,048,305 $ 16,333,727 $
250,642 $ 9,539,145 $
0S
348,186 $ 143.155.238 S

Section 4. Department of Administrative Services.

A. Budget Unit: State Funds -

Department of Administrative Services

$

Personal Services

$

Regular Operating Expenses

$

Travel

$

Motor Vehicle Purchases

$

Equipment

$

Computer Charges

$

713
140,115,9671 16,604,442
119,098,326 4,688,731 1,918,814
44,925 800,000
0 0 143.155.238
14n,11S ) Ofi7
State Funds 7,521,463 11,685,833
48,190,598 43,900,666
1,382,402
1,048,305 16,248,727
250,642 9,539,145
0
348,186 140.1 15.9671
40,442,515 19,069,568 4,695,850
293,011 20,418 150,582
2,682,284

714

GENERAL ACTS AND RESOLUTIONS, VOL. I

Real Estate Rentals Telecommunications Per Diem and Fees Contracts Rents and Maintenance Expense Direct Payments to Georgia Building Authority for
Capital Outlay Direct Payments to Georgia
Building Authority for Operations Materials for Resale Public Safety Officers Indemnity
Fund Health Planning Review Board
Operations Payments to Aviation Hall of Fame Payments to Golf Hall of Fame Alternative Fuels Grant Payments to Georgia Technology
Authority Removal of Hazardous Waste Austerity Adjustments
Total Funds Budgeted
State Funds Budgeted

Departmental Functional Budgets
Administration Support Services Statewide Business Risk Management Executive Administration Governor's Small Business Center State Properties Commission Office of the Treasury State Office of Administrative
Hearings Austerity Adjustments Total

Total Funds 32,994,643 13,245,723
3,446,599 3,406,134 1,495,033 1,044,970
648,381 2,660,702
4,615,412 (2,038,605) 61.518.9921 S

1,164,046 488,867 736,181 345,435 0
2,150,000
2,032,156 6,014,012
400,000
33,950 47,045 72,750 37,439
23,026,003 98,000
(2,038,605) 61,518,992
State Funds 30,248,665
586,790 3,408,978
400,000 1,460,622 1,032,273
648,381 383,923
4,311,4 (2,038,605) 40.442.5151

B. Budget Unit: State Funds Georgia Building Authority
Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment

0
16,338,690 6,148,810
14,800 100,000 200,000

GEORGIA LAWS 2003 SESSION

Computer Charges Real Estate Rentals Telecommunications Per Diem and Fees Contracts Capital Outlay Utilities Facilities Renovations and Repairs Payments to Department of Public
Safety Building Access Control
Total Funds Budgeted
State Funds Budgeted Departmental Functional Budgets

Executive Division

$

Facilities Operations

$

Property Resources

$

Internal Operations

S

Transportation

$

External Operations

$

Total

1S

$ $ $ $ $ $ $ $
$ $ _$
x
Total Funds 2,328,741 $
26,818,500 $ 7,646,45 1 $ 1,904,718 $ 3,107,888 $ 4,410,814 $
46.217.1121 $

C. Budget Unit: State Funds -

Georgia Technology

$

Personal Services

$

Regular Operating Expenses

$

Travel

S

Motor Vehicle Purchases

$

Equipment

$

Computer Charges

$

Real Estate Rentals

$

Telecommunications

$

Per Diem and Fees

$

Contracts

$

Rents and Maintenance Expense

$

Telephone Billings

$

Radio Billings

$

Materials for Resale

$

Transfers to GIS Clearinghouse

$

Austerity Adjustments

$

Total Funds Budgeted

S

State Funds Budgeted



715
307,000 15,071
281,700 657,089 3,173,776 5,808,583 7,839,685 510,229
3,151,435 1,670,244 46.217,112
n
State Funds 0 0 0 0 0 0 0
0 55,315,263
5,370,000 640,000 0 185,485
23,290,244 4,117,263 6,000 18,307,086 3,249,000 0 86,323,000 501,019 1,901,830 0 (712,144)
198,494,046
n

716

GENERAL ACTS AND RESOLUTIONS, VOL. I

Section 5. Department of Agriculture.

State Funds

LJ_

Personal Services

Regular Operating Expenses

Travel

Motor Vehicle Purchases

Travel

Computer Charges

Real Estate Rentals

Telecommunications

Per Diem and Fees

Contracts

Market Bulletin Postage

Payments to Athens and Tifton

Veterinary Laboratories

Poultry Veterinary Diagnostic Laboratories in

Canton, Dalton, Douglas, Oakwood, Statesboro,

Carroll, Macon, Mitchell, and Monroe

Veterinary Fees

Indemnities

Advertising Contract

Renovation, Construction, Repairs and Maintenance

Projects at Major and Minor Markets

Capital Outlay

Contract - Federation of Southern Cooperatives

Boll Weevil Eradication Program

Austerity Adjustments

Total Funds Budgeted

JL

State Funds Budgeted

IT

Departmental Functional Budgets

Plant Industry

s

Animal Industry

$

Marketing

$

Internal Administration

$

Fuel and Measures

s

$ Consumer Protection Field Forces

Seed Technology

$

Austerity Adjustments Total

1 $$

Total Funds 8,986,207 $ 15,992,980 $ 7,902,158 $ 6,751,505 $ 0$ 11,717,091 $ 802,790 $ (1,214,718) $
50.938.0131 $

38,281.994] 34,054,296 4,050,488
1,068,708 0
462,082 664,341 1,198,343 375,509
33,500 1,647,401
566,619
3,551,093
3,210,351 142,000 10,000 425,000
653,000 0
40,000 0
(1,214,718) 50.938.013 18.7.K7.004
State Funds 7,507,033 12,985,845 4,152,158 6,439,505 0 8,418,171 0 (1,214,718)
38.287.9941

Section 6. Department of Banking and Finance.
State Funds Personal Services Regular Operating Expenses

10.724.8491 9,603,290
269,025

GEORGIA LAWS 2003 SESSION

Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem and Fees Contracts Austerity Adjustments
Total Funds Budgeted
State Funds Budgeted

Section 7. Department of Community Affairs.

State Funds

$

Tobacco Funds

$

Personal Services

Regular Operating Expenses

Travel

Motor Vehicle Purchases

Equipment

Real Estate Rentals

Per Diem and Fees

Contracts

Computer Charges

Telecommunications

Capital Felony Expense

Contracts for Regional Planning and

Development

Local Assistance Grants

Appalachian Regional Commission

Assessment

HUD-Community Development

Block Pass thru Grants

Payment to Georgia Environmental

Facilities Authority

Community Service Grants

Home Program

ARC-Revolving Loan Fund

Local Development Fund

Payment to State Housing Trust

Fund

Payments to Sports Hall of Fame

Regional Economic Business

Assistance Grants - GHFA

EZ/EC Administration

EZ/EC Grants

717
328,557 0
2,347
170,978 558,976 117,004
10,435 0
(335,763) 10.724.849
10.774.R40
70,142,282 65,834,093 23,020,790
1,979,687 611,739 0 166,022
1,501,759 964,976
1,439,692 472,316 527,611 0
1,952,374 40,245,000
152,750
30,000,000
315,000 5,000,000 2,947,155
0 0
3,056,375 791,989
2,880,000 0 0

718

GENERAL ACTS AND RESOLUTIONS, VOL. I

Regional Economic Development Grants
Contracts for Homeless Assistance HUD Section 8 Rental Assistance Georgia Regional Transportation
Authority GHFA - Georgia Cities Foundation Georgia Leadership Unfrastructure
Investment Fund Quality Growth Program Austerity Adjustments
Total Funds Budgeted Tobacco Funds Budgeted
State Funds Budgeted
Departmental Functional Budgets

Executive Division

Planning and Environmental

Management Division

Business and Financial Assistance

Division

Housing Finance Division

Finance Division

Administrative and Computer

Support Division

Georgia Music Hall of Fame

Division

Community Services Division

Rural Development Division

One Georgia

Austerity Adjustments

Total

S

Total Funds 41,094,562 $
4,354,069 $
36,763,197 $ 9,478,438 S 8,550,145 $
2,364,385 $
1,300,958 $ 66,733,271 $
5,112,287 $ 239,518 $ (337,566) $
175.653.2641 S

314,000 1,250,000 50,000,000
4,956,595 750,000
495,000 200,000 (337,566) 175.653.2641 65,834,093 70J42.282 I
State Funds 40,842,732
4,126,309
5,112,018 3,416,530 6,898,413
627,475
803,141 3,540,943 5,112,287 65,834,093 (337,566) 135.976.3751

Section 8. Department of Community Health.
A. Budget Unit: State Funds Medicaid Services
Tobacco Funds Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications

$ 1,613,081,014
53,116.681 33,186,085
8,676,868 388,883 0 75,136
88,399,168 1,793,945 898,341

____________GEORGIA LAWS 2003 SESSION__________719

Per Diem and Fees Contracts Medicaid Benefits, Penalties and Disallowances Audit Contracts Special Purpose Contracts Purchase of Service Contracts Grant in Aid to Counties Health Insurance Payments Medical Fair Loan Repayment Program Medical Scholarships Capitation Contracts for Family Practice Residency Residency Capitation Grants Student Preceptorships Medical Student Capitation Mercer School of Medicine Grant Morehouse School of Medicine Grant SREB Payments Pediatric Residency Capitation Preventive Medicine Capitation Austerity Adjustments
Total Funds Budgeted Tobacco Funds Budgeted
State Funds Budgeted

Departmental Functional Budgets

Commissioner's Office

$

Community Affairs

$

Medicaid Benefits, Penalties and

Disallowances

$

Medical Assistance Plans

S

Managed Care and Quality

S

Information Technology

$

General Counsel

$

Operations

S

Financial

$

Planning and Fiscal Policy

$

Minority Health

$

Women's Health

$

Rural Health

$

State Health Benefit Plan

$

Public Employee Health Claims $

$

1,623,796

$ 450,975,765

$ 4,994,421,585

$

1,097,500

$

16,757

$

183,244

$

544,826

$ 975,000,000

$

66,000

$

375,000

$

748,000

$

4,012,890

$

2,136,719

$

100,000

$

3,772,911

$

19,147,895

$

8,391,183

$

438,900

$

460,013

$

116,400

$____(2,495,946)

I S 6.594.551.8641

$____53,116,681

I S 1.613.081.0141

Total Funds 873,238 $ 361,222 $
4,994,421,585 $ 109,900,223 $ 3,829,906 $ 99,075,191 $ 7,806,019 $ 6,156,569 $ 6,266,601 $ 3,612,150 $ 509,056 $ 352,205 $ 3,018,082 $ 342,991,665 $ 975,000,000 $

State Funds 551,500 180,611
1,547,564,603 11,087,186 1,913,309 16,253,504 3,740,402 2,285,490 2,733,587 2,264,198 289,837 334,231 2,621,085 34,000,000 0

720

GENERAL ACTS AND RESOLUTIONS, VOL. I

Georgia Board for Physician Workforce
State Medical Education Board Composite Board of Medical
Examiners Austerity Adjustments
Total

39,073,324 1,419,696

39,073,324 1,419,696

2,381,078

2,381,078

(2,495,946)

(2,495,946)

S 6.594.551.8641 S 1.666.197.6951

B. Budget Unit: State Funds Indigent Trust Fund Per Diem and Fees Contracts Benefits Payments to Nursing Homes
Total Funds Budgeted Other Funds
Federal Funds
State Funds Budgeted

$

89,314,880

0

8,200,000

360,067,504

220,967,046

S

5897234.5501

$

148,828,880

S 351,090,790

S

89.314.8801

C. Budget Unit: State Funds -
PeachCare for Kids
Tobacco Funds Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem and Fees Contracts PeachCare Benefits, Penalties and
Disallowances Austerity Adjustments
Total Funds Budgeted Tobacco Funds Budgeted
State Funds Budgeted

58,757,746
4,970,705 368,353 165,254 45,000 0 1,155 205,000 0 11,675 0
8,324,205

214,228,360

(74,401)

223.274.601

4,970,705

LL

58.757.7461

Section 9. Department of Corrections.
State Funds - Administration,
Institutions and Probation Personal Services Regular Operating Expenses Travel

$

916,224,430

569,634,370

67,422,128

2,154,172

GEORGIA LAWS 2003 SESSION

Motor Vehicle Purchases

$

Equipment

$

Computer Charges

$

Real Estate Rentals

$

Telecommunications

$

Per Diem and Fees

$

Contracts

$

Capital Outlay

$

Utilities

$

Court Costs

$

County Subsidy

$

County Subsidy for Jails

$

County Workcamp Construction

Grants

$

Central Repair Fund

$

Payments to Central State Hospital

for Meals

$

Payments to Central State Hospital

for Utilities

$

Payments to Public Safety for Meals

$

Inmate Release Fund

$

Health Services Purchases

$

University of Georgia - College of Veterinary

Medicine Contracts

$

Minor Construction Fund

$

Austerity Adjustments

$

Total Funds Budgeted

1S

Indirect DOAS Funding

$

State Funds Budgeted

1S

Departmental Functional Budgets

Executive Operations

$

Administration

$

Human Resources

$

Field Probation

$

Facilities

$

Programs

$

Austerity Adjustments

$

Total

1$

Total Funds 32,003,707 $ 19,440,894 $
8,796,871 $ 90,277,985 $ 662,467,004 $ 145,353,925 $ (15,656,152) $
942.684.2341 $

Section 10. Department of Defense.

State Funds

1$

Personal Services

$

Regular Operating Expenses

$

Travel

$

721
1,809,244 3,900,688 5,709,284 8,030,922 7,585,993
42,637 79,546,465
0 27,488,923
1,300,000 37,726,400
6,450,000
0 1,093,624
4,268,025
1,627,150 577,160
1,450,000 129,217,257
449,944 856,000 (15,656,152) 942.684.234 1 450,000 916.224.4301
State Funds 31,553,707 19,440,894
8,796,871 86,771,897 648,427,497 136,889,716 (15,656,152) 916.224.4301
8.098.333 1 18,043,682 23,899,107
90,875

722

GENERAL ACTS AND RESOLUTIONS, VOL. I

Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem and Fees Contracts Capital Outlay Capital Leases Austerity Adjustments
Total Funds Budgeted
State Funds Budgeted Departmental Functional Budgets

Office of the Adjutant General

$

Georgia Air National Guard

$

Georgia Army National Guard

$

Austerity Adjustments

S

Total

I$

$ $ $ $ $ $ $ $ $ $ 1$ j
Total Funds 2,717,218 $ 7,795,834 $ 34,620,384 $ (256,705) $
44.876.7311 $

0 52,800 68,625 43,211 1,002,311 1,341,895 244,000 337,000 9,930 (256,705) 44.876.731 S 008 m
State Funds 2,477,435 985,832 4,891,771 (256,705) 8.098.3331

Section 11. State Board of Education
A. Budget Unit: State Funds Department of Education
Tobacco Funds Operations: Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Real Estate Rentals Per Diem and Fees Contracts Computer Charges Telecommunications Utilities Capital Outlay QBE Formula Grants: Kindergarten/Grades 1 - 3 Grades 4 - 8 Grades 9-12 Limited English-Speaking Students
Program Alternative Programs Vocational Education Laboratories Special Education

$ 5,928,385,536 0
42,732,485 5,905,966 1,181,108 0 345,590 1,135,404 3,197,079
45,740,759 9,883,892 917,470 772,896 30,569,700
1,693,656,941 1,558,335,891
748,004,010
66,740,638 69,289,416 196,506,716 761,520,976

_____________GEORGIA EAWS 2003 SESSION___________723

Gifted Remedial Education Additional Instruction Staff Development and Professional
Development Media Indirect Cost Pupil Transportation Local Five Mill Share Mid-Term Adjustment Reserve Teacher Salary Schedule Adjustment Other Categorical Grants: Equalization Formula Sparsity Grants Special Education Low - Incidence Grants Non-QBE Grants: Next Generation School Grants Youth Apprenticeship Grants High School Program - Agriculture Ed High School Program - Tech/Career Ed Payment of Federal Funds to Board of Technical
and Adult Education Vocational Research and
Curriculum Title I-A Improving Basic Programs
- LEA's Title I-B Even Start Instructional Services for the
Handicapped Retirement (H.B. 272 and H.B.
1321) Title VI-A State Assessment
Programs Tuition for the Multi-Handicapped PSAT School Lunch (Federal) Joint Evening Programs Education of Homeless
Children/Youth Pay for Performance Pre-School Handicapped Program

$

176,850,170

$

23,587,944

$

46,621,410

$

30,517,972

$

147,220,233

$

905,991,469

$

164,772,246

$ (1,207,536,528)

$

0

$

0

$

284,920,487

$

6,352,443

$

826,722

$

385,000

$

4,209,800

$

7,476,760

$

49,172,941

$

16,909,425

$

112,907

$

309,883,868

$

7,021,675

$

191,495,397

$

5,508,750

$

0

$

1,790,940

$

733,805

$

188,375,722

$

200,500

$

1,546,542

$

6,000,000

$

22,691,157

724______GENERAL ACTS AND RESOLUTIONS, VOL. I________

Mentor Teachers Environmental Science Grants Advanced Placement Exams Serve America Program Title IV-A1, Safe and Drug Free
Schools School Lunch (State) Charter Schools Refugee School Impact Title V, Innovative Programs State and Local Education
Improvement Health Insurance - Non-Cert.
Personnel and Retired Teachers Innovative Programs Title II Math/Science Grant (Federal) Migrant Education (State) Regional Education Service Agencies Severely Emotionally Disturbed Georgia Learning Resources System Special Education at State Institutions Byrd Honor Scholarships Title 1-F, Comprehensive School Reform Character Education National Teacher Certification Health Insurance Adjustment Principal Supplements Class Size Reduction Grants For School Nurses Reading and Math Programs Student Testing Internet Access School Improvement Teams Communities in Schools Georgia Learning Connection Knowledge is Power Program Postsecondary Options Title I-C Migrant Education (Federal) Title I-D Neglected and Delinquent

$

1,212,500

$

0

$

1,608,000

$

150,000

$

10,567,629

$

37,934,355

$

7,308,679

$

639,390

$

9,389,202

$

0

S

107,826,070

S

0

$

0

$

274,395

$

11,634,769

$

68,268,298

$

4,986,505

$

3,918,448

$

1,188,000

$

8,478,748

$

250,000

$

4,774,779

$

0

$

5,787,990

$

0

$

30,000,000

$

77,407,508

$

9,365,926

$

3,952,556

$

11,636,228

$

1,465,273

$

0

$

12,000

$

3,778,918

$

8,626,018

$

2,000,255

_____________GEORGIA LAWS 2003 SESSION___________725

Title II-A Improving Teacher Quality
Title II-D Enhancing Education Thru Technology
Title III-A English Language Title IV-B 21st Century
Communication Title VI-B Rural and Low-Income Temporary QBE Reduction Austerity Adjustments
Total Funds Budgeted Indirect DOAS Services Funding
Tobacco Funds Budgeted State Funds Budgeted
Departmental Functional Budgets

State Superintendant

$

Policy and External Affairs

$

Curriculum and Instruction

$

Governor's Honors Program

$

Finance and Business Operations $

Teacher and Student Support

$

Information Technology

$

Local Programs

$

Student Achievement

$

Georgia Academy for the Blind $

Georgia School for the Deaf

$

Atlanta Area School for the Deaf $

Austerity Adjustments

$

Total

IS

$

72,520,695

$

17,764,034

$

6,786,358

$

8,691,764

$

6,941,585

$ (156,764,424)

$

(13,304,151)

I $ 7.007.154.9941

$

0

$__________0

I $ 5.928.385.5361

Total Funds 0$
13,633,714 $ 25,082,291 $
1,472,108 $ 8,760,908 $ 11,209,797 $ 21,884,563 $ 6,919,305,822 $
0$ 6,203,856 $ 5,995,408 $ 6,910,678 $ (13,304,151) $
7.007.154.9941 S

State Funds 0
11,604,119 6,679,156 1,394,519 3,287,441
252,617 16,406,228 5,883,983,915
0 5,940,338 5,568,937 6,572,417 (13,304,151)
5.928.385.5361

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

[_$__________0]

$

0

$

0

$

0

$

0

$

0

$

0

$

0

$

0

S

0

$

0

$

0

726______GENERAL ACTS AND RESOLUTIONS, VOL. I

Student Information System

$

Total Funds Budgeted

I~S~

Lottery Funds Budgeted

IS

C. Budget Unit: Office of School Readiness Pre-Kindergarten - Grants Pre-Kindergarten - Personal
Services Pre-Kindergarten - Operations Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Real Estate Rentals Per Diem and Fees Contracts Computer Charges Telecommunications Utilities Capital Outlay Federal Programs Standards of Care Austerity Adjustments
Total Funds Budgeted Lottery Funds Budgeted
State Funds Budgeted
Section 12. Employees' Retirement System.
State Funds Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem and Fees Contracts Benefits to Retirees Austerity Adjustments
Total Funds Budgeted
State Funds Budgeted

|_$_____1,249,832] $ 243,448,970

$

1,981,565

$

5,059,478

$

1,185,283

$

36,500

$

50,000

$

0

$

0

S

0

$

5,000

$

0

$

3,000

$

10,351

$

0

$

0

$

75,495,529

$

667,000

$______(40,302)

I$

327.902.3741

$

250,490,013

IS

1,249,832]

____________

IS

617,006~|

$

3,697,923

$

654,200

$

29,000

$

0

$

12,450

$

1,269,708

$

345,740

$

82,002

$

973,600

$

2,526,000

$

617,000

$__________0

S

10.207.623

I*

_____________GEORGIA LAWS 2003 SESSION___________727

Section 13. Forestry Commission.

State Funds Personal Services

Regular Operating Expenses

Travel

Motor Vehicle Purchases

Equipment

Computer Charges

Real Estate Rentals

Telecommunications

Per Diem and Fees

Contracts

'

Ware County Grant

Ware County Grant for Southern

Forest World

Capital Outlay

Austerity Adjustments

Total Funds Budgeted

State Funds Budgeted

Departmental Functional Budgets

Reforestation

$

Field Services

$

General Administration and Support $

Austerity Adjustments

$

Total

IS

____________

|$

34,370,4971

$

30,998,370

$

5,956,344

$

140,671

$

1,042,852

$

1,902,651

$

357,000

$

11,518

S

723,271

$

9,500

$

544,260

$

60,000

$

0

$

0

$

(1,119,818)

IS

40.626.619

I<

^70,407

Total Funds

State Funds

2,035,204 $

3,348

35,647,461 $

31,591,350

4,063,772 $

3,895,617

(1,119,818) $______(1,119,818)

40.626.6191 S

34.370.4971

Section 14. Georgia Bureau of Investigation.
State Funds Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem and Fees Contracts Evidence Purchased Capital Outlay Crime Victims Assistance Program Criminal Justice Grants Austerity Adjustments

____________

I$

61.590.9131

$

49,882,670

$

6,398,926

S

574,400

$

594,397

$

584,424

$

592,820

$

565,044

$

1,272,718

$

2,231,277

$

2,275,654

$

308,667

S

0

$

1,500,000

$

27,783,371

$

(1,994,622)

728

GENERAL ACTS AND RESOLUTIONS, VOL. I

Total Funds Budgeted State Funds Budgeted
Departmental Functional Budgets

Administration

$

Investigative

$

Georgia Crime Information Center $

Forensic Sciences

$

Criminal Justice Coordinating

Council

$

Austerity Adjustments

$

Total

1$

Section 15. Office of the Governor.
State Funds Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem and Fees Contracts Cost of Operations Mansion Allowance Governor's Emergency Fund Intern Program Expenses Art Grants of State Funds Art Grants of Non-State Funds Humanities Grant - State Funds Art Acquisitions - State Funds Grants to Local Systems Grants - Local EMA Grants - Other Grants - Civil Air Patrol Registrations Troops to Teachers Austerity Adjustments
Total Funds Budgeted
State Funds Budgeted

L$_ 92.569.746

I$

61 5Qn Op

Total Funds 6,216,937 $ 27,515,604 $ 10,824,976 $ 18,676,306 S
31,330,545 $ (1,994,622) $ 92.569.7461 $

State Funds 6,216,937 27,515,604 10,824,976 18,676,306
351,712 (1,994,622) 61.590.913

1$ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $
L$_
rc

41,780,531 22,255,887
1,541,296 378,070 0 76,539 453,017
1,333,123 564,292
1,583,571 6,348,619 5,406,950
40,000 3,861,681
358,595 3,786,988
274,194 172,460
0 40,000 1,085,000
0 57,000
0 111,930 (1,401,800)
48.327.412
41 780 *1]

GEORGIA LAWS 2003 SESSION

729

Departmental Functional Budgets

Governor's Office

$

Office of Equal Opportunity

$

Office of Planning and Budget

$

Council for the Arts

$

Office of Consumer Affairs

$

Child Advocate

$

Human Relations Commission

$

Professional Standards Commission $

Georgia Emergency Management

Agency

$

Education Accountability

$

Office of the Inspector General

$

Office of Homeland Security

$

Total

IS

Total Funds 9,396,320 $ 1,170,989 $ 9,992,969 $ 5,011,216 $ 4,194,093 $ 719,483 $ 0$ 7,864,475 $
6,786,694 $ 1,503,834 $
956,269 $ 731,070 $ 48.327.4121 $

Section 16. Department of Human Resources.

State Funds

$

Tobacco Funds

$

Brain and Spinal Trust Fund

$

1. General Administration and

Support Budget:

Personal Services

Regular Operating Expenses

Travel

Motor Vehicle Purchases

Equipment

Real Estate Rentals

Per Diem and Fees

Contracts

Computer Charges

Telecommunications

Special Purpose Contracts

Service Benefits for Children

Purchase of Service Contracts

Major Maintenance and

Construction

Postage

Payments to DCH-Medicaid

Benefits

Grants to County DFACS -

Operations

Brain and Spinal Trust Fund Benefits

Austerity Adjustments

State Funds 9,396,320 783,772 9,992,969 4,347,123 3,626,404 719,483 0 7,752,545
2,236,742 1,237,834
956,269 731,070 41.780.531 1
1,377,162.351 44,423,392 2,000,000
106,349,514 5,561,952 2,590,041 0 461,311 8,811,354 4,678,368
35,473,791 57,334,409 16,090,227
125,000 0
89,424,455
163,451 2,095,936
33,961,019
0 1,850,000 (2,549,730)

730

GENERAL ACTS AND RESOLUTIONS, VOL. I

Total Funds Budgeted Indirect DOAS Services Funding
Tobacco Funds Budgeted Brain and Spinal Trust Fund
State Funds Budgeted
Departmental Functional Budgets

Commissioner's Office

$

Office of Planning and Budget

Services

$

Office of Adoptions

$

Children's Community Based

Initiative

$

Human Resources and Organization

Development

$

Computer Services

$

Technology and Support

$

Facilities Management

$

Regulatory Services - Program

Direction and Support

$

Child Care Licensing

$

Health Care Facilities Regulation $

Office of Investigation

$

Office of Financial Services

$

Office of Audits

$

Human Resource Management

$

Transportation Services

$

Office of Facilities and Support

Services

$

Indirect Cost

$

Policy and Government Services $

Aging Services

$

DDSA Council

$

Brain and Spinal Trust Fund Benefits $

Office of Child Support Enforcement $

Austerity Adjustments

$

Total

1$

2. Public Health Budget: Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment

1$ $ $ $
1$
Total Funds 1,204,221 $
4,185,192 $ 9,295,678 $
10,411,174 $
1,252,950 S 71,792,329 S 17,023,608 $ 6,668,912 $
976,426 $ 3,764,931 $ 12,109,994 $ 6,694,095 $ 9,864,025 $ 2,511,623 $ 6,668,108 $ 20,049,247 $
5,590,389 S 0$
1,109,887 $ 97,905,568 $
1,607,263 $ 2,000,000 $ 72,285,208 $ (2,549,730) $ 362.421.0981 $
$ $ $ $ $

362.421.098| 0
8,278,248 2,000,000 166.343.2161
State Funds 1,204,221
4,156,675 5,798,814
10,136,174
1,252,950 34,029,657 13,352,081 5,368,879
701,913 3,662,062 5,779,329 1,911,675 5,474,315 2,511,623 6,668,108 2,880,864
5,590,389 (16,360,889)
1,109,887 64,900,068
29,767 2,000,000 17,012,632 (2,549,730) 176.621.4641
56,842,123 77,472,557
885,429 0
195,367

GEORGIA LAWS 2003 SESSION

Real Estate Rentals Per Diem and Fees Contracts Computer Charges Telecommunications Special Purpose Contracts Purchase of Service Contracts Grant-In-Aid to Counties Postage Medical Benefits Austerity Adjustments
Total Funds Budgeted Indirect DOAS Services Funding
Tobacco Funds Budgeted State Funds" Budgoeted
Departmental Functional Budgets

District Health Administration

$

Newborn Follow-Up Care

$

Oral Health

$

Stroke and Heart Attack Prevention $

Sickle Cell, Vision and Hearing $

High-Risk Pregnant Women and

Infants

$

Sexually Transmitted Diseases

$

Family Planning

S

Women, Infants and Children

Nutrition

$

Grant in Aid to Counties

$

Children's Medical Services

$

Emergency Health

$

Primary Health Care

$

Epidemiology

$

Immunization

$

Community Tuberculosis Control $

Family Health Management

$

Infant and Child Health

$

Maternal Health - Perinatal

$

Chronic Disease

$

Diabetes

$

Cancer Control

$

Director's Office

$

Vital Records

$

Health Services Research

$

Environmental Health

$

$ $ $
S
$
*
4>
c
4>
$ $ $ $ 1$ $ $ 1$
Total Funds 13,446,694 $ 5,392,983 $ 2,903,473 $ 2,195,951 $ 6,740,555 S
5,385,227 $ 3,285,095 $ 11,820,479 $
85,325,463 $ 71,338,625 $ 13,153,079 $ 3,651,641 $
593,232 $ 4,112,209 $ 1,702,964 $ 5,909,784 $ 2,272,913 $
822,516 $ 2,827,080 $ 1,639,391 $
0$ 8,150,968 $ 3,061,205 $ 2,264,558 $
856,370 $ 2,140,668 S

731
1,509,862 1,053,033 9,484,433
0 1,032,038
308,000 28,373,851 158,111,029
196,235 6,138,072 (2,079,597) 339.522.432 1
0 22,548,788 168.286.635 1
State Funds 13,289,126 2,415,625 2,578,298
985,089 5,973,736
5,385,227 1,009,508 4,850,000
0 70,352,074 6,323,767 2,208,293
477,088 3,702,969
0 4,310,823 1,416,761
600,655 1,159,521 1,639,391
0 8,150,968 2,783,139 1,983,776
856,370 1,609,193

732______GENERAL ACTS AND RESOLUTIONS, VOL. I

Laboratory Services

$

Community Health Management $

AIDS

$

Drug and Clinic Supplies

S

Adolescent Health

$

Public Health - Planning Councils $

Early Intervention

$

Injury Control

$

Smoking Prevention and Cessation $

Public Health - Division Indirect

Cost

$

Austerity Adjustments

$

Total

1$

8,124,485 $ 294,270 $
22,043,507 $ 12,152,398 $ 12,595,466 $
78,467 $ 13,074,928 $
455,988 $ 11,789,397 $
0$ (2,079,597) $ 339.522.4321 $

3. Family and Children Services Budget:

Personal Services

S

Regular Operating Expenses

$

Travel

$

Motor Vehicle Purchases

$

Equipment

$

Real Estate Rentals

$

Per Diem and Fees

$

Contracts

$

Computer Charges

S

Telecommunications

$

Children's Trust Fund

$

Cash Benefits

S

Special Purpose Contracts

$

Service Benefits for Children

$

Purchase of Service Contracts

$

Postage

$

Grants to County DFACS -

Operations

c
4>

Austerity Adjustments Total Funds Budgeted

c
1 $4>

Indirect DOAS Services Funding

$

Tobacco Funds Budgeted

$

State Funds Budgeted

1$

Departmental Functional Budgets

Director's Office

$

Social Services

$

Fiscal Management

$

Quality Assurance

$

Community Services

$

Total Funds 981,512 $
7,285,693 $ 4,617,351 $ 3,734,855 S 14,160,081 $

7,854,485 294,270
15,181,790 4,079,320 2,900,905
60,970 10,373,402
343,983 11,789,397
(4,024,899) (2,079,597) 190.835.423 1
14,008,434 3,411,532 1,214,903
0 237,019 492,702 6,981,954 8,877,713
0 671,185 7,630,688 123,303,498 7,287,714 461,211,917 31,112,611 2,401,505
390,165,760 (6,150,579)
1.052.858.5561 0
3,341,218 446.116.3851
State Funds 981,512
6,096,222 2,631,522 3,734,855 1,939,005

GEORGIA LAWS 2003 SESSION

Field Management

$

Professional Development

$

Economic Support

$

Child Care and Parent Services $

Temporary Assistance for Needy

Families

S

SSI - Supplemental Benefits

$

Refugee Programs

$

Energy Benefits

S

County DFACS Operations -

Eligibility

$

County DFACS Operations - Social

Services

$

Food Stamp Issuance

$

County DFACS Operations -

Homemakers Services

$

County DFACS Operations - Joint

and Administration

$

County DFACS Operations -

Employability Program

$

Employability Benefits

$

Legal Services

$

Family Foster Care

$

Institutional Foster Care

$

Specialized Foster Care

$

Adoption Supplement

$

Prevention of Foster Care

$

Troubled Children

S

Child Day Care

$

Special Projects

$

Children's Trust Fund

$

Indirect Cost

$

Austerity Adjustments

$

Total

1$

4. Community Mental Health/Mental Retardation and Institutions: Personal Services Operating Expenses Motor Vehicle Equipment Purchases Utilities Major Maintenance and Construction Community Services Austerity Adjustments
Total Funds Budgeted Indirect DOAS Services Funding

2,856,460 $ 5,439,027 $ 3,032,456 $
419,493 $
114,134,948 $ 0$
2,795,420 $ 7,223,130 $
115,779,917 $
149,134,156 $ 3,190,752 $
7,802,877 $
91,682,193 $
26,466,617 $ 43,105,900 $ 6,546,322 $ 70,122,403 $ 51,134,630 $ 12,631,268 $ 44,855,747 $ 15,744,598 $ 61,262,815 $ 181,125,622 $ 4,112,204 $ 7,630,688 $
0$ (6,150,579) $ 1.052.858.556 $
$ $ $ $ $
$ $ $

733
2,856,460 3,445,326 3,032,456
419,493
54,109,878 0 0 0
50,824,099
65,041,887 0
0
44,199,241
10,571,448 10,743,985 2,670,531 39,387,938 29,524,448 7,202,296 25,591,338 2,069,048 33,074,436 56,741,937 4,072,204 7,630,688 (12,984,071) (6,150,579) 449.457.603 1
300,118,993 60,178,011
200,000 9,483,000 1,991,161 482,538,669 (7,464,175) 847.045.659 1
0

734______GENERAL ACTS AND RESOLUTIONS, VOL. I

Tobacco Funds Budgeted State Funds Budgeted
Departmental Functional Budgets

Southwestern State Hospital

$

Augusta Regional Hospital

$

Northwest Regional Hospital at

Rome

$

Georgia Regional Hospital at Atlanta S

Central State Hospital

$

Georgia Regional Hospital at

Savannah

$

Gracewood State School and

Hospital

$

West Central Regional Hospital $

Outdoor Therapeutic Programs

$

Community Mental Health Services $

Community Mental Retardation

Services

$

Community Substance Abuse

Services

$

Program Direction and Support $

Regional Offices

S

Austerity Adjustments

$

Total

I$

Budget Unit Object Classes: Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Real Estate Rentals Per Diem and Fees Contracts Computer Charges Telecommunications Operating Expenses Community Services Case Services Children's Trust Fund Cash Benefits Special Purpose Contracts Service Benefits for Children Purchase of Service Contracts

$ 1$
Total Funds 31,232,729 $ 21,492,944 S
34,143,826 $ 41,114,810 $ 118,950,725 S
21,620,318 $
48,257,780 $ 23,937,314 $ 4,259,012 $ 212,646,267 $
171,442,463 $
101,045,741 $ 15,031,161 S 9,334,744 $ (7,464,175) $ 847.045.6591 $
S $ $ $ $ S
$ $ $ $$ $ $ $ $ $ $ $

10,255,138 596.416.1151
State Funds 17,662,805 15,579,351
23,564,018 29,998,846 69,112,257
17,164,811
19,670,579 19,070,649 3,318,322 199,949,315
137,207,824
47,853,730 8,680,477 5,302,444 (7,464,175)
606.671.253 1
477,319,064 86,446,041 4,690,373
200,000 893,697 10,813,918 12,713,355 53,835,937 57,334,409 17,793,450 60,178,011 482,538,669
0 7,630,688 123,303,498 7,720,714 461,211,917 148,910,917

GEORGIA LAWS 2003 SESSION

735

Grant-In-Aid to Counties

Major Maintenance and

Construction

Utilities

Postage

Payments to DCH-Medicaid

Benefits

Grants to County DFACS -

Operations

Medical Benefits

Brain and Spinal Trust Fund

Benefits

Austerity Adjustments

Total Funds Budgeted

1$

Indirect DO AS Services Funding

$

Tobacco Funds Budgeted

$

Brain and Spinal Trust Fund

State Funds Budgeted

[

Section 17. Department of Industry, Trade and Tourism
State Funds
Tobacco Funds Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem and Fees Contracts Local Welcome Center Contracts Marketing Georgia Ports Authority Lease
Rentals Foreign Currency Reserve Waterway Development in Georgia Lanier Regional Watershed Commission Georgia World Congress Center One Georgia Fund Intergovernmental Contract Austerity Adjustments
Total Funds Budgeted

158,111,029
2,154,612 9,483,000 4,693,676
33,961,019
390,165,760 6,138,072
1,850,000 (18,244,081) 2.601.847.7451
2,000,000 44,423,392
__ 1.377.162.351|
46.472,976 0
12,816,010 1,211,202
608,806 20,000 62,597 391,336 829,284 416,120 44,200 1,279,286 250,600 9,474,895
20,000,000 0
50,000
0 0 0 0 (981,360) 46.472.9761

736

GENERAL ACTS AND RESOLUTIONS, VOL. I

Tobacco Funds Budgeted State Funds Budgeted
Departmental Functional Budgets

Administration

$

Economic Development

$

Trade

$

Tourism

S

Film

$

Austerity Adjustments

$

Total

1$

$ [$
Total Funds 31,792,416 $
7,323,976 S 3,040,783 $ 4,671,669 $
625,492 S
(981,360) $ 46.472.976 1 $

Section 18. Department of Insurance. State Funds Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem and Fees Contracts Health Care Utilization Review Austerity Adjustments
Total Funds Budgeted State Funds Budgeted
Departmental Functional Budgets

Internal Administration

S

Insurance Regulation

$

Industrial Loans Regulation

$

Fire Safety and Mobile Home

Regulations

$

Special Insurance Fraud Fund $

Austerity Adjustments

$

Total

IS

[ $$ $ $ $
S S
$
S
$
$
[$ [$
Total Funds 5,266,572 S
$ 6,507,360 510,639 $ $ 5,512,592
573,853 S
(485,787) $
$ 17.885.2291

Section 19. Department of Juvenile Justice.

State Funds Personal Services

[ $$

Regular Operating Expenses

Travel

0 46.472.976
State Funds 31,792,416
7,323,976 3,040,783 4,671,669
625,492 (981,360) 46.472.976
16,848,729 15,876,925
702,947 433,030
80,176 20,000 223,000 595,196 353,700 86,042
0 0 (485,787) 17.885.229 16.848.729
State Funds 5,266,572 6,507,360 510,639
4,476,092 573,853 (485,787)
16.848.729
281.917,761 176,637,623
15,179,710 2,147,151

_____________GEORGIA LAWS 2003 SESSION___________737

Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem and Fees Contracts Utilities Institutional Repairs and
Maintenance Grants to County-Owned Detention
Centers Service Benefits for Children Purchase of Service Contracts Capital Outlay Juvenile Justice Reserve Children and Youth Grants Juvenile Justice Grants Austerity Adjustments
Total Funds Budgeted State Funds Budgeted
Departmental Functional Budgets

Regional Youth Development

Centers

$

Youth Development Centers

$

YDC Purchased Services

S

Court Services

$

Day Centers

$

Group Homes

$

Community Corrections

$

Law Enforcement Office

$

Assessment and Classification

$

Multi-Service Centers

$

Youth Services Administration

$

Office of Training

$

Children and Youth Coordinating

Council

$

Austerity Adjustments

$

Total

IS

$

214,143

$

705,389

$

3,396,702

$

3,129,050

$

2,237,765

$

5,253,603

$

4,519,873

$

3,409,031

$

400,000

$

0

$

86,013,372

$

0

S

0

$

0

$

200,000

$

1,687,100

$____(5,035,644)

I$

300.094.868

I<

7.81,017,761

Total Funds

State Funds

83,873,017 $ 76,459,089 $ 28,570,085 $ 34,234,826 $
574,122 S 1,862,149 $ 48,294,883 $ 1,386,914 $
997,623 $ 4,208,519 S 18,641,795 $ 3,264,062 $

82,369,057 74,211,670 27,666,278 29,730,019
574,122 1,862,149 41,298,367 1,386,914
997,623 4,118,519 18,621,197 3,264,062

2,763,428 S

853,428

(5,035,644) $____(5,035,644)

300.094.8681 $

281.917.7611

738

GENERAL ACTS AND RESOLUTIONS, VOL. I

Section 20. Department of Labor. A. Budget Unit: State Funds Department of Labor Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications WIA Contracts Per Diem and Fees Contracts W.I.N. Grants Payments to State Treasury Capital Outlay Austerity Adjustments
Total Funds Budgeted State Funds Budgeted
B. Budget Unit: State Funds Division Of Rehabilitation Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Real Estate Rentals Per Diem and Fees Contracts Computer Charges Telecommunications Case Services Special Purpose Contracts Purchase of Services Contracts Major Maintenance and
Construction Utilities Postage Capital Outlay Austerity Adjustments
Total Funds Budgeted Indirect DOAS Services Funding
State Funds Budgeted

$

16,088,153

89,769,596

7,405,831

1,481,527

34,858

566,309

2,710,148

2,830,503

1,910,832

54,500,000

2,778,378

1,513,287

0

1,287,478

0

(830,637)

$

165.958.110

$

16.088.153

28,229,008 92,602,470 13,928,245
2,003,747
39,095 1,081,290 6,022,313 7,177,826 4,462,857 2,573,235 2,953,221 41,304,191 1,102,688 12,850,953
0 0 0 255,000 (575,671) 187.781.4601 150,000 28.229.0081

GEORGIA LAWS 2003 SESSION

739

Departmental Functional Budgets

Total Funds

State Funds

Vocational Rehabilitation Services $

86,063,158 $

18,324,975

Business Enterprise Program

$

1,661,454 $

358,326

Administration

$

3,981,592 $

2,503,946

Disability Adjudication

$

55,297,080 $

0

Georgia Industries for the Blind $

11,821,908 $

722,533

Roosevelt Warm Springs Institute $

29,531,939 $

6,894,899

Austerity Adjustments

$_____(575,671) $_____(575,671)

Total

I S 187.781.4601 S

28.229.0081

Section 21. Department of Law.
State Funds Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem and Fees Contracts Books for State Library Transfer Funds to Governor's Office Austerity Adjustments
Total Funds Budgeted State Funds Budgeted

____________

I$

14,630.6901

$

15,086,275

$

705,564

$

181,781

$

0

$

0

$

299,269

$

831,689

$

180,913

$

19,414,422

$

0

$

197,158

$

0

$_____(470,793)

IS

36.426.278

IS

14.630.690

Section 22. Merit System of Personnel Administration.____________

State Funds

IS

61

Personal Services

$

8,691,366

Regular Operating Expenses

$

1,073,018

Travel

$

83,213

Equipment

$

0

Real Estate Rents

$

696,904

Per Diem and Fees

$

285,350

Contracts

$

874,311

Computer Charges

$

1,774,772

Telecommunications

$

173,863

Payments to State Treasury

$_____1,920,859

Total Funds Budgeted

I$

15.573.6561

Federal Funds

$

0

Other Agency Funds

$

1,573,733

Agency Assessments

$

13,071,947

740

GENERAL ACTS AND RESOLUTIONS, VOL. I

Deferred Compensation

$

State Funds Budgeted

$

Section 23. Department of Motor Vehicle Safety-

State Funds

$

Personal Services

S

Regular Operating Expenses

$

Travel

$

Motor Vehicle Purchases

$

Equipment

$

Computer Charges

$

Real Estate Rentals

$

Telecommunications

$

Per Diem and Fees

S

Contracts

S

Capital Outlay

$

Motor Vehicle Tag Purchase

$

Post Repairs

$

Conviction Reports

$

Driver's License Processing

$

Postage

$

Investment for Modernization

$

Austerity Adjustments

$

Total Funds Budgeted

S

Department of Transportation

Permit Funds

$

Indirect DOAS Funding

$

State Funds Budgeted

S

Departmental Functional Budgets

Administration

$

Operations

$

Enforcement

$

Austerity Adjustments

S

Total

1$

Total Funds 33,507,404 $ 43,664,453 $ 15,947,472 $ (2,786,634) $ 90.332.6951 $

Section 24. Department of Natural Resources.

A. Budget Unit: State Funds -

Department of Natural Resources

$

Personal Services

$

Regular Operating Expenses

$

Travel

$

Motor Vehicle Purchases

$

Equipment

$

927,976 0
78,678,802 1 59,832,536
7,837,254 464,062 332,206 345,335
12,461,537 2,730,422 2,827,707
411,198 1,318,987
0 0 0 348,651 3,459,434 750,000 0 (2,786,634) 90.332.6951
7,196,898 1,960,000 78.678.802 1
State Funds 28,220,819 43,664,453 9,580,164 (2,786,634) 78.678.802
109,243,324 89,400,334 15,409,186 813,926 66,513 1,771,816

_____________GEORGIA LAWS 2003 SESSION___________741

Real Estate Rentals Per Diem and Fees Contracts Computer Charges Telecommunications Authority Eease Rentals Advertising and Promotion Cost of Material for Resale Capital Outlay: New Construction
Repairs and Maintenance Wildlife Management Area Land Acquisition Paving at State Parks and Historic Sites Grants: Land and Water Conservation Georgia Heritage 2000 Grants Recreation Contracts: Georgia State Games Commission Payments to Civil War Commission Hazardous Waste Trust Fund Solid Waste Trust Fund Wildlife Endowment Fund Payments to Georgia Agricultural Exposition Authority Payments to Southwest Georgia Railroad Excursion Authority Payments to Mclntosh County Payments to Baker County Payments to Calhoun County Payments to Georgia Agrirama Development Authority for operations Community Green Space Grants Austerity Adjustments
Total Funds Budgeted Receipts from Jekyll Island State
Park Authority Receipts from Stone Mountain
Memorial Association Receipts from Lake Lanier Islands
Development Authority

$

3,279,042

$

1,268,551

$

7,506,234

$

734,140

$

1,364,709

$

0

$

689,910

$

1,333,300

$

860,176

$

4,560,913

$

982,330

$

500,000

$

800,000

S

341,000

$

0

$

100,000

$

58,938

S

3,595,077

$

0

$

0

$

1,746,900

S

480,185

$

100,000

$

31,000

$

24,000

$

989,294

$

10,000,000

$____(3,049,193)

IS

145.758.2811

$

940,190

S

0

$

1,331,931

742

GENERAL ACTS AND RESOLUTIONS, VOL. I

Receipts from North Georgia

Mountain Authority

$

Indirect DOAS Funding

$

State Funds Budgeted Departmental Functional Budgets

Commissioner's Office

$

Program Support

$

Historic Preservation

$

Parks, Recreation and Historic Sites $

Coastal Resources

$

Wildlife Resources

$

Environmental Protection

$

Pollution Prevention Assistance $

Austerity Adjustments

$

Total

1$

$
Total Funds 15,174,411 $ 7,457,153 $ 2,747,938 $ 4 1 ,2 1 3 ,4 1 7 $ 2,565,718 $ 36,638,073 $ 42,549,907 $ 460,857 $ (3,049,193) S
145.758.281 $

B. Budget Unit: State Funds - Georgia Agricultural

Exposition

$

Personal Services

$

Regular Operating Expenses

$

Travel

$

Motor Vehicle Purchases

$

Equipment

$

Computer Charges

$

Real Estate Rentals

S

Telecommunications

$

Per Diem and Fees

$

Contracts

$

Capital Outlay

S

Austerity Adjustments

$

Total Funds Budgeted

$

State Funds Budgeted

s

C. Budget Unit: State Funds - Georgia Agrirama

Development Authority

$

Personal Services

S

Regular Operating Expenses

$

Travel

$

Motor Vehicle Purchases

$

Equipment

$

Computer Charges

$

Real Estate Rentals

$

Telecommunications

$

1,434,982 200,000
109.243.324
State Funds 15,127,145 7,457,153 2,257,938 21,171,628 2,394,856 31,181,102 32,345,751
356,944 (3,049,193) 109.243.3241
0 3,244,069 2,349,303
10,000 0
36,796 20,000
0 80,000 89,167 754,000
0 (38,988) 6.544.347
n
0
1,285,579 251,385 5,792 0 7,000 5,792 0 12,000

GEORGIA LAWS 2003 SESSION

Per Diem and Fees Contracts Capital Outlay Goods for Resale Austerity Adjustments
Total Funds Budgeted
State Funds Budgeted

Section 25. State Board of Pardons and Paroles.

State Funds

Personal Services

Regular Operating Expenses

Travel

Motor Vehicle Purchases

Equipment

Computer Charges

Real Estate Rentals

Telecommunications

Per Diem and Fees

Contracts

County Jail Subsidy

Health Services Purchases

Austerity Adjustments

Total Funds Budgeted

LL

State Funds Budgeted

C$1

Section 26. Department of Public Safety. A. Budget Unit: State Funds Department of Public Safety Operations Budget:
Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem and Fees Contracts State Patrol Posts Repairs and
Maintenance Capital Outlay Conviction Reports Austerity Adjustments

743
500 68,768 152,750 120,000 (20,250) 1.889.316
_n
47.497,0861 40,355,211
1,433,825 431,800 0 291,500 591,200
2,994,792 1,002,721
523,304 740,679 617,500 20,000 (1,505,446) 47.497.086
77,549,002
69,334,823 8,096,879
76,895 2,876,986
355,290 784,000 100,695 1,854,009 315,122 389,333
566,237 0 0
(2,581,582)

744

GENERAL ACTS AND RESOLUTIONS, VOL. I

Total Funds Budgeted Indirect DOAS Service Funding
State Funds Budgeted
Departmental Functional Budgets

Administration

$

Field Operations

$

Capitol Police

$

Austerity Adjustments

$

Total

1$

B. Budget Unit: State Funds - Units Attached for Administrative Purposes Attached Units Budget:
Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem and Fees Contracts Highway Safety Grants Peace Officers Training Grants Capital Outlay Austerity Adjustments
Total Funds Budgeted
State Funds Budgeted
Departmental Functional Budgets

Office of Highway Safety

$

Georgia Peace Officers Standards

and Training

$

Police Academy

$

Fire Academy

$

Georgia Firefighters Standards and

Training Council

$

Georgia Public Safety Training

Facility

$

Total

1$

$ $ $
Total Funds 17,703,406 $ 63,895,428 $ 3,151,435 $ (2,581,582) $ 82.168.687 $
$
$ $ $ $ $ $ $ $ $ $ $ $ $ $ $
<6
Total Funds 3,808,242 $
1,407,010 $ 1,210,974 $ 1,160,102 $
467,533 $
11,372,147 $ 19.426.0081 $

82.168.687 990,000
77.549.002
State Funds 16,385,156 63,745,428
0 (2,581,582) 77.549.002
14,608,444
11,067,599 2,774,355
129,508 0
174,449 309,058 338,657 327,391 245,518
59,800 2,525,200 1,947,738
0 (473,265) 19.426.008
14^08444
State Funds 563,015
1,407,010 1,112,401 1,047,239
467,533
10,011,246 14.608.444

GEORGIA LAWS 2003 SESSION

745

Section 27. Public School Employees' Retirement System.

State Funds

Payments to Employees' Retirement

System

Employer Contributions

Total Funds Budgeted

IT

State Funds Budgeted

Tl,220,7261
587,500 10,633,226 11.220.726 11.220.726

Section 28. Public Service Commission.
State Funds Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem and Fees Contracts Austerity Adjustments
Total Funds Budgeted State Funds Budgeted

JL

9.027,8531

$

6,771,487

$

250,711

S

111,876

44,427

15,300

208,791

507,922

117,773

628,262

920,000

(275,385)

LJL

9.301.164

EL

9.027.853

Section 29. Board of Regents, University System of Georgia.

A. Budget Unit: State Funds -

Resident Instruction

$ 1,462,923,912

Tobacco Funds

6,585,889

Personal Services:

Educ., Gen., and Dept. Svcs

$ 1,765,376,132

Sponsored Operations

$ 424,223,505

Operating Expenses:

Educ., Gen., and Dept. Svcs

$ 466,691,404

Sponsored Operations

$ 854,188,741

Special Funding Initiative

$

32,963,542

Office of Minority Business

Enterprise

$

1,138,340

Student Education Enrichment

Program

$

345,833

Forestry Research

$

1,011,627

Research Consortium

$

29,490,997

Capital Outlay

$

123,584,731

Austerity Adjustments

$

(30,383,852)

Total Funds Budgeted

S 3.668.631.0001

746

GENERAL ACTS AND RESOLUTIONS, VOL. I

Departmental Income Sponsored Income Other Funds
Indirect DOAS Services Funding Governor's Emergency Funds Tobacco Funds Budgeted
State Funds Budgeted

$

132,081,672

$ 1,278,412,246

$

785,552,781

$

3,039,500

$

35,000

$_____6,585,889

S 1.462.923.9121

B. Budget Unit: State Funds -
Regents Central Office and Other Organized Activities
Tobacco Funds Personal Services:
Educ., Gen., and Dept. Svcs Sponsored Operations Operating Expenses: Educ, Gen, and Dept. Svcs Sponsored Operations Agricultural Research Advanced Technology Development Center/ Economic Development Institute Seed Capital Fund - ATDC Capital Outlay Center for Rehabilitation Technology SREB Payments Regents Opportunity Grants Rental Payments to Georgia Military College Direct Payments to the Georgia Public Telecommunications Commission for Operations Public Libraries Salaries and Operations Student Information System Georgia Medical College Health, Inc. Austerity Adjustments
Total Funds Budgeted Departmental Income
Sponsored Income Other Funds
Indirect DOAS Services Funding Tobacco Funds Budgeted
State Funds Budgeted

205,346,796 0
132,973,578 70,959,391
53,997,362 41,101,657
2,811,580
23,067,667 0 0
7,790,087 874,601 565,155
1,831,602
18,157,376
30,951,441 0
35,104,249 (6,365,861) 413.819.885 1 8,610,113 124,936,276 74,383,200
543,500 ______0 205.346.796 1

GEORGIA LAWS 2003 SESSION

Regents Central Office and Other Organized Activities

Marine Resources Extension Center

Skidaway Institute of Oceanography

Marine Institute

Georgia Tech Research Institute

Advanced Technology Development

Center/

Economic Development Institute $

Agricultural Experiment Station $

Cooperative Extension Service

$

Medical College of Georgia Hospital

and Clinics

$

Veterinary Medicine Experiment

Station

$

Veterinary Medicine Teaching

Hospital

$

Georgia Radiation Therapy Center $

Athens and Tifton Veterinary

Laboratories

S

Regents Central Office

S

Public Libraries

$

State Data Center

$

Austerity Adjustments

$

Total

$

Total Funds 2,834,246 6,469,309 1,828,871
123,302,969
23,067,667 $ 78,236,230 $ 61,798,630 $
193,500 $
3,675,319 $
7,242,199 $ 3,625,810 $
4,653,970 $ 63,434,695 $ 39,486,733 $
335,598 $ (6,365,861) $ 413.819.8851 $

C. Budget Unit: State Funds -

Georgia Public Telecommunicatio>nns

$

Personal Services

$

Operating Expenses

$

General Programming

$

Distance Learning Programming

$

Austerity Adjustments

$

Total Funds Budgeted

$

Other Funds

$

State Funds Budgeted

$

D. Budget Unit: Lottery for Educatiioonn

$

Equipment, Technology and

Construction Trust Fund

$

Georgia Public

Telecommunications Commission

$

Internet Connection Initiative

$

Special Funding Initiatives

$

747
State Funds 1,649,446 1,810,419 1,061,238 9,838,961
9,944,392 45,794,968 38,704,493
0
3,675,319
542,199 0
0 63,327,846 35,177,778
185,598 (6,365,861) 205.346.796 1
0 14,618,782 15,495,157 4,070,278 2,784,685
(587,235) 36.381.6671 36,381,667
0
0
0
0 0 0

748

GENERAL ACTS AND RESOLUTIONS, VOL. I

Research Consortium - Georgia Research Alliance Equipment - Public Libraries Student Information System Educational Technology Center
Total Funds Budgeted Lottery Funds Budgeted

Section 30. Department of Revenue. State Funds Tobacco Funds Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem and Fees Contracts County Tax Officials/Retirement
and PICA Grants to Counties/Appraisal Staff Postage Investment for Modernization Homeowner Tax Relief Grants Austerity Adjustments
Total Funds Budgeted Indirect DOAS Services Funding
Tobacco Funds State Funds Budgeted
Departmental Functional Budgets

Departmental Administration

$

Internal Administration

$

Information Systems

$

Compliance Division

$

Income Tax Unit

$

Property Tax Unit

$

Sales Tax Unit

$

State Board of Equalization

$

Taxpayer Accounting

$

Alcohol and Tobacco

S

$ $
PS $ $
Total Funds 36,612,595 $
7,928,569 $ 17,080,172 $ 27,653,937 $ 7,372,184 $ 384,779,903 $ 5,568,130 $
5,000 $ 6,724,798 $ 3,214,484 $

467,535,837 150,000
60,497,888 4,781,453 1,037,071
49,980 150,384 14,937,905 7,068,736 2,055,830 606,992 1,223,613
4,272,795 0
2,471,575 17,785,550 380,000,000 (2,819,070) 494.120.7021 2,545,000
150,000 467.535^371
State Funds 18,827,045 7,928,569 15,825,172 23,748,174 7,372,184 382,669,768 5,545,487
5,000 5,524,798 2,908,710

GEORGIA LAWS 2003 SESSION

Austerity Adjustments Total

$

(2,819,070) $

1 S 494.120.702 S

Section 31. Secretary of State. A. Budget Unit: State Funds Secretary of State Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem and Fees Contracts Election Expenses Capital Outlay Austerity Adjustments
Total Funds Budgeted State Funds Budgeted
Departmental Functional Budgets

Internal Administration

$

Archives and Records

S

Capitol Education Center

$

Business Services - Corporations $

Business Services - Securities

$

Elections and Campaign Disclosure $

Drugs and Narcotics

$

State Ethics Commission

$

State Examining Boards

$

Holocaust Commission

$

Austerity Adjustments

$

Total

1S

$ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $
Total Funds 5,768,822 $ 6,527,296 $ 442,724 $ 1,841,999 $ 1,957,238 $ 6,109,192 $ 1,372,869 $ 796,608 $ 9,193,488 $ 275,743 $ (1,049,580) $ 33.236.399 $

B. Budget Unit: State Funds -

Real Estate Commission

$

Personal Services

$

Regular Operating Expenses

$

Travel

$

Motor Vehicle Purchases

$

Equipment

$

Computer Charges

$

Real Estate Rentals

$

749
(2,819,070) 467.535.837]
32,121,009 19,077,082 4,046,611
409,621 72,492 65,019 3,625,334 4,465,616 973,998 174,376 986,495 389,335
0 (1,049,580) 33.236.399 32.121.009
State Funds 5,718,822 6,452,296 411,684 1,102,649 1,907,238 6,089,192 1,372,869 796,608 9,043,488 275,743 (1,049,580)
32.121.0091
2,390,022 1,572,130
145,000 47,000
0 12,500 213,935 179,512

750

GENERAL ACTS AND RESOLUTIONS, VOL. I

Telecommunications Per Diem and Fees Contracts Austerity Adjustments
Total Funds Budgeted
State Funds Budgeted

Departmental Functional Budgets

Real Estate Commission

$

Austerity Adjustments

s

Total

c

Total Funds 2,390,022 $ (69,098) $ 2.390.022 $

79,043 160,000 50,000 (69,098) 2.390.022
State Funds 2,390,022 (69,098) 2.390.022 1

Section 32. Soil and Water Conservation Commission.

State Funds

[

Personal Services

Regular Operating Expenses

Travel

Motor Vehicle Purchases

Equipment

Computer Charges

Real Estate Rentals

Telecommunications

Per Diem and Fees

Contracts

County Conservation Grants

Austerity Adjustments

Total Funds Budgeted

$

State Funds Budgeted

$

3.274.6641 1,662,255
202,070 36,069
0 23,184 13,478 106,341 37,845 139,438 1,762,714
0 (68,325) 3.915.069 3.274.664

Section 33. Student Finance Commission.
A. Budget Unit: State Funds Student Finance Commission Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem and Fees Contracts Guaranteed Educational Loans Tuition Equalization Grants

$'
38,337,766 557,222 20,140 13,000 0 6,300 12,000 49,615 9,496 11,560 32,118
3,990,211 30,044,521

GEORGIA LAWS 2003 SESSION

Law Enforcement Personnel Dependents' Grants North Georgia College ROTC Grants North Georgia College Graduates Scholarship Osteopathic Medical Loans GeorgiaMilitary Scholarship Grants LEAP Program Governor's Scholarship Program Austerity Adjustments
Total Funds Budgeted State Funds Budgeted
Departmental Functional Budgets
Georgia Student Finance Authority Georgia Nonpublic Postsecondary
Education Commission Austerity Adjustments Total

Total Funds 39,335,851
711,451 (1,188,883) 38.858.4191 S

B. Budget Unit: Lottery for Education

I

HOPE Financial Aid - Tuition

HOPE Financial Aid - Books

HOPE Financial Aid - Fees

Tuition Equalization Grants

Hope Scholarships - Private

Colleges

Georgia Military College

Scholarship

LEPD Scholarship

Teacher Scholarships

Promise Scholarships

Promise II Scholarships

Engineer Scholarships

Personal Services - HOPE

Administration

Operating Expenses - HOPE

Administration

Total Funds Budgeted

$

Lottery Funds Budgeted

$

751
66,313
467,545
22,427 0
505,584 1,503,953 2,735,297 (1,188,883) 38.858.419 38.337.766
State Funds 38,815,198
711,451 (1,188,883) 38.337.7661
441.305.6431 261,267,431
55,896,225 60,501,057
0
45,086,180
770,477 255,850 5,332,698 5,855,278 559,090 760,000
1,992,161
3,029,196 441.305.643 441.305.643

752

GENERAL ACTS AND RESOLUTIONS, VOL. I

Section 34. Teachers' Retirement System.
State Funds Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem and Fees Contracts Employee Benefits Retirement System Members Floor Fund for Local Retirement
Systems
Total Funds Budgeted State Funds Budgeted

L$L

2,489,000 1 11,034,137

$

629,344

$

26,500

0

35,000

8,010,375

673,770

330,000

737,700

0

0

2,390,000

99,000 23.965.826
2.489.000

Section 35. Department of Technical and Adult Education

A. Budget Unit: State Funds -

Department of Technical And Adult Education

$

Personal Services

Regular Operating Expenses

Travel

Motor Vehicle Purchases

Equipment

Real Estate Rentals

Per Diem and Fees

Contracts

Computer Charges

Telecommunications

Capital Outlay

Personal Services-Institutions

Operating Expenses-Institutions

Area School Program

Adult Literacy Grants

Regents Program

Quick Start Program

S

Austerity Adjustments

$

Total Funds Budgeted State Funds Budgeted

LrTr

313,771,567 6,232,311 374,330 125,510 0 48,359 586,463 144,671 169,110 614,420 115,980 0
273,818,139 64,167,781 6,398,577 20,007,602
3,621,510 18,956,237 (5,862,316)
389.518.684 313.771.567

Departmental Functional Budgets Administration

Total Funds 8,411,154

State Funds 8,411,154

GEORGIA LAWS 2003 SESSION

Institutional Programs Austerity Adjustments Total

S

386,969,846 e4>

s

(5,862,316)

c
4>

1 S 389.518.6841 $

B. Budget Unit: Lottery for Education

$

Computer Laboratories and Satellite

Dishes-Adult

Literacy

Capital Outlay

Capital Outlay - Technical Institute

Satellite Facilities

Equipment-Technical Institutes

Repairs and Renovations -

Technical Institutes

$

Total Funds Budgeted

$

Lottery Funds Budgeted

$

Section 36. Department of Transportation.
State Funds Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem and Fees Contracts Capital Outlay Capital Outlay - Airport Aid Program Mass Transit Grants Harbor Maintenance/Intra-Coastal
Waterways Maintenance and Operations Spoilage, Land Acquisition, Clearing and Preparation Contracts with the Georgia Rail Passenger Authority Payments to the State Road and Tollway Authority Austerity Adjustments
Total Funds Budgeted State Funds Budgeted

753
311,222,729 (5,862,316)
313.771.567 1
01
0 0 0
688.508.9381 262,046,283
69,870,763 2,102,945 1,927,750 6,422,328 8,200,173 1,830,782 4,924,470
160,094,628 26,513,414 1,039,490,079
3,943,629 17,332,915
710,855
0
400,000
53,170,605 (526,279)
1.658.455.340 688.508.938

754

GENERAL ACTS AND RESOLUTIONS, VOL. I

Departmental Functional Budgets

Motor Fuel Tax Budget

Total Funds

Planning and Construction

$ 1,354,175,304 $

Maintenance and Betterments

$

232,962,680 $

Facilities and Equipment

$

17,132,944 $

Administration

$

27,312,248 $

Total

1 S 1.631.583.176 $

General Funds Budget

Planning and Construction

$

0$

Maintenance and Betterments

$

0$

Administration

$

0S

Air Transportation

$

2,958,393 $

Inter-Modal Transfer Facilities

$

23,729,195 $

Harbor/Intra-Coastal Waterways

Activities

"

S

710,855 $

Austerity Adjustments

$

(526,279) $

Total

1$

26.872.164 $

Section 37. Department of Veterans Service.

State Funds

$

Personal Services

$

Regular Operating Expenses

$

Travel

$

Motor Vehicle Purchases

$

Equipment

$

Computer Charges

$

Real Estate Rentals

$

Telecommunications

$

Per Diem and Fees

S

Contracts

$

Operating Expense/Payments to

Medical College of Georgia

$

Capital Outlay

$

WWII Veterans Memorial

$

Regular Operating Expenses for

Projects and Insurance

$

Total Funds Budgeted

$

State Funds Budgeted

$

Departmental Functional Budgets

Total Funds

Veterans Assistance

$

25,448,762 $

Veterans Nursing Home- Augusta $

7,914,454 $

Total

1$

33.363.216 $

State Funds 403,735,017 228,378,541
16,632,944 26,408,498 675.155.000 1
0 0 0 2,300,598 10,868,764
710,855 (526,279) 13.353.938 1
22,630,531 6,026,769 427,797 136,200 0 105,822 6,999 221,889 85,516 24,500 18,218,875
7,914,454 0 0
194,395 33.363.216 22.630.531
State Funds 17,696,669 4,933,862 22.630.531

_____________GEORGIA LAWS 2003 SESSION___________755

Section 38. Workers' Compensation Board.
State Funds Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem and Fees Payments to State Treasury Austerity Adjustments
Total Funds Budgeted State Funds Budgeted

____________

|$

16.646.6711

$

10,015,026

$

470,115

$

140,600

$

0

$

44,048

$

3,261,976

$

1,296,009

$

176,744

$

183,100

$

1,423,053

$__________0

IS

17.010.671

F$

16.646.671

Section 39. State of Georgia General Obligation Debt

Sinking Fund.

A. Budget Unit: State of Georgia

General Obligation Debt Sinking Fund

State General Funds (Issued)

$

Motor Fuel Tax Funds (Issued)

$

IS

676,850,154 51,000,000
727.850.1541

B. Budget Unit: State of Georgia General Obligation

Debt Sinking

State General Funds (New)

$

51,029,725

Motor Fuel Tax Funds (New)

$__________0

IS

51.029.7251

Section 40.

Provisions Relative to Section 3, Judicial Branch.

The appropriations in Section 3 (Judicial) of this Act are for the cost of operating the Supreme Court of the State of Georgia, including salaries and retirement contributions for Justices and the employees of the Court, including the cost of purchasing and distributing the reports (decisions) of the appellate courts to the Judges, District Attorneys, Clerks, and others as required by Code Section 50-18-31, and including Georgia's pro rata share for the operation of the National Center for State Courts; cost of operating the Court of Appeals of the State of Georgia, including salaries and retirement contributions for judges and employees of the Court; cost of operating the Superior Courts of the State of Georgia, including the payment of Judges' salaries, the payment of mileage authorized by law and such other salaries and expenses as may be authorized by law; for the payment of salaries, mileage and other expenses as may be authorized by law for District Attorneys, Assistant District Attorneys and District Attorneys Emeritus; for

756______GENERAL ACTS AND RESOLUTIONS, VOL. I_______
the cost of staffing and operating the Prosecuting Attorneys' Council created by Code Section 15-18-40, the Sentence Review Panel created by Code Section 17-10-6, the Council of Superior Court Judges, and the Judicial Administrative Districts created by Code Section 15-5-2, for the latter of which funds shall be allocated to the ten administrative districts by the Chairman of the Judicial Council; cost of operating the Council of Juvenile Court Judges created by Code Section 15-11-4; cost of staffing and operating the Institute of Continuing Judicial Education and the Georgia Magistrate Courts Training Council created by Code Section 15-10-132; cost of operating the Judicial Council of the State of Georgia, the Administrative Office of the Courts, the Board of Court Reporting of the Judicial Council, the Georgia Courts Automation Commission and the Office of Dispute Resolution, and for payments to the Council of Magistrate Court Judges, the Council of Probate Court Judges and the Council of State Court Judges.

Section 41. Provisions Relative to Section 4, Department of Administrative Services.

o
3
!">^ C

TT 1!) U1C: I1HC1H 17TTT1C VJCT1CT S1"7\55C111U1}' Llldl dll 1UIU1C ULII ClitlJ>^3 \J1 1. 1\41\J CL11U

rcltiisdttfUlpIYLdll,

.A
lllUai

1
uv^

. x!1 1-
v^uiiipaiiuiv-

_..: A 1-
WILII

^1

be-!lpply\i ^Q

13V

d^ n

r^m
Wlll^C

r TM _ - - -~ . Ul 1 ItXllllllJg

-
C

sy stem. OA/^ _!_

1 UiVlltlSv.S liiUSt

JUgV^L .and the Ut/pciltment of

wWU->it<pt*

Provided, that the department shall provide a consolidated report to the General Assembly by December 31, 2003 of all vehicles purchased or newly leased during Fiscal Year 2003.

Notwithstanding any provision of the law to the contrary, in managing any of the self-insurance funds or insurance programs which are the responsibility of the commissioner of administrative services, including but not limited to those established pursuant to OCGA 45-9-1 et.seq., 50-5-1 et.seq., 50-16-1 et.seq. and 50-21-20 et.seq., the commissioner of administrative services may, subject to the approval of the Office of Planning and Budget, transfer funds between any such self-insurance funds or insurance programs.

Section 42. Provisions Relative to Section 7, Department of Community Affairs.

Provided, that from the appropriation made above for "Local Assistance Grants", specific, mandatory appropriations pursuant to O.C.G.A. 50-8-8(a) are made as follows:

If a local assistance grant above incorrectly identifies the local government recipient for the stated purpose, then the intended recipient is the local government entity with responsibility for the purpose.

_____________GEORGIA LAWS 2003 SESSION___________757

If a local assistance grant above states an ineligible purpose, the intended purpose is eligible activity of the stated recipient with substantially similar character.

Where a local assistance grant states that it is for the operation of a private program or a private entity, the intent is that the local government recipient contract for services of such a nature from the private entity.

If a local assistance grant states that it is for the purchase of property for a private entity or for the improvement of property of a private entity, the intent is that recipient contract for services of the private entity using the property.

Recipient

Description

Training facilities, training equipment

Savannah Economic and training operations for Project Blue

Development Authority Bell economic development project in

Pooler, Georgia

Citv of Milledseville Funding for PeratinS expenses for Lity or ivmieagevme silver Haired Legisiature

DSaevvaenl,onpamh, erEnct.oAn. oumt.,hi.ocrity dErt-,oecrvorPen,l,rooompJtemiccetdnBmet. lvpuerelooBrj.Tpeemclnt.lei.ennctoP_innoocomel.enirtc,ivGeegorragni.at

C.ityJ of,, Savannah.

FC.uitnydoinfg*Sfaovrana ntraahuining program to the

. ,- , , CityJ OI ColumbUS

Funding for the Civil War Naval .M,useum i. n t.,he C,,.ity of Col, umb, us

Amount

$ 30,0000,000 $J

*$, n9,3^ 8o0n,n0n0n0

<$r -7750n,0A00

.$p

,1n0n0n,0n0n0

Section 43.

Provisions Relative to Section 8, Department of Community Health.

There is hereby appropriated to the Department of Community Health a specific sum of money equal to all the provider fees paid to the Indigent Care Trust Fund created pursuant to Article 6A of Chapter 8 of Title 31. The sum of money is appropriated for payments to nursing homes pursuant to Article 6A.

It is the intent of this General Assembly that the employer contribution rate for the teachers health benefit plan for SPY 2004 shall not exceed 13.1%.

It is the intent of this General Assembly that the employer contribution rate for the state employees health benefit plan for SPY 2004 shall not exceed 13.1%.

758______GENERAL ACTS AND RESOLUTIONS, VOL. I________

Section 44.

Provisions Relative to Section 11, State Board of Education Department of Education.

The formula calculation for Quality Basic Education funding assumes a base unit cost of $2,343.90. In addition, all local school system allotments for Quality Basic Education shall be made in accordance with funds appropriated by this Act.

Section 45.

Provisions Relative to Section 15, Office of the Governor.

There is hereby appropriated to the Office of the Governor the sum of $350,000 of the moneys collected in accordance with O.C.G.A. Title 10, Chapter 1, Article 28. The sum of money is appropriated for use by the Office of Consumer Affairs for all the purposes for which such moneys may be appropriated pursuant to Article 28.

It is the intent of the General Assembly that of funds appropriated for the Governor's Emergency Fund, $1,500,000 is intended for relief in declared disasters.

Section 46. Provisions Relative to Section 16, Department of Human Resources.

The Department of Human Resources is authorized to calculate all Temporary Assistance for Needy Families benefit payments utilizing a factor of 66.0% of the standards of need; such payments shall be made from the date of certification and not from the date of application; and the following maximum benefits and maximum standards of need shall apply:

Number in Asst. Group

Standards of Need

Maximum Monthly Amount

1

$235

$155

2

356

235

3

424

280

4

500

330

5

573

378

6

621

410

7

672

444

8

713

470

9

751

496

10

804

530

11

860

568

Provided, the Department of Human Resources is authorized to make supplemental payments on these maximum monthly amounts up to the amount that

_____________GEORGIA LAWS 2003 SESSION___________759

is equal to the minimum hourly wage for clients who are enrolled in subsidized work experience and subsidized employment.

Provided, the Department of Human Resources is authorized to transfer funds between the Personal Services object class and the Per Diem, Fees and Contracts subobject class at each of the MH/MR/SA institutions as needed to insure coverage for physician, nursing, physical therapy, and speech and hearing therapy services. Such transfers shall not require prior budgetary approval.

Provided, that of the above appropriations relative to the treatment of Hemophilia and it's complications, these funds may be used to provide treatment and care to the bleeding disorders community or to purchase insurance to provide this treatment and care, whichever is less.

Section 47.

Provisions Relative to Section 20, Department of Labor.

Provided, from funds known as Reed Act funds credited to and held in this state's account in the Unemployment Trust Fund by the United States Secretary of the Treasury pursuant to the "Job Creation and Worker Assistance Act of 2002" (P.L. 107-147) and Section 903 (d) of the Social Security Act, as amended, $49,339,507 is designated for administration of the unemployment compensation law and public employment offices, including workforce information service delivery, technology, resources, and equipment to support employment, workforce staff training, studies and reports, buildings, fixtures, furnishings, and supplies. The amount hereby appropriated shall not exceed the limitations provided in Code Section 34-8-85 of the Official Code of Georgia Annotated, and shall be obligated and expended in accordance with Section 903 (d) (4) of the Social Security Act.

Provided further, that no funds shall be expended until approved by the Office of Planning and Budget.

Section 48. Provisions Relative to Section 22, Merit System of Personnel Administration.

The Department is authorized to assess no more than $147.00 per budgeted position for the cost of departmental operations and may roll forward any unexpended prior years Merit System Assessment balance to be expended in the current fiscal year.

Section 49.

Provisions Relative to Section 24, Department of Natural Resources.

Provided, that to the extent State Parks and Historic Sites receipts are realized in excess of the amount of such funds contemplated in this Act, the Office of Planning and Budget is authorized to use up to 50 percent of the excess receipts to supplant

760_____GENERAL ACTS AND RESOLUTIONS, VOL. I________

State funds and the balance may be amended into the budget of the Parks, Recreation and Historic Sites Division for the most critical needs of the Division. This provision shall not apply to revenues collected from a state parks parking pass implemented by the Department.

i rov loco,liicit or iric cUTioiiiii ciDOvC lor coiTcicic cS; no more IIISTT io-j^v/i/w m.cij' DC used TOT ci coiYiiYiori prosrcirn or SUOSIQTZTIIS iTiciss ifcinsiL iciiCS co cinci iroiYi \VOFK. tor employees 01 stntc ci^cncics cinu sutnontics, cis 3.11tnorized in (-/.o.ij./v. *rO~ /~DD, cinG t*-) tr not TOT sucn purposes,tncii tor otncr purposes witriin tiicoojcct cfciss. i lie rt ^^ suosicij'"iTiciy DC limned io Ciiiproyccs Avno~~iivc or \vorrC iri tnc /\Li3rit3~ vi/zoric o p ( ." IN on3it3.ii'iriiciit^\iCci 3.110 illciv iiOiCXCCCQ 4! i 3 per in011ill pci ciTipioycc. i IT.c ^, ^ L'CpcirimiCiit or ir3.risporT3.ilon duo ciriy OLOCI Duosei OTIIL cii2iDic lor su.cn 3- sicim t "~ 111civ cippiy to THIS purpose 3V3.iio.Drc TcocrcH rviatcttiris rurms. i.'Oi" puiposes or cnis
d.pprOpriflilOll /\tI3.H[3. v/Z!OHC JNOIlclLldllililCill /iltci UlCdllS LflC iZCOgraplilC 3.rCa Oi
inc sTciic tornprised ox v^iicrorccc, i^ictyion, i 'ODD, ^owcto., i.JCK,ciiD,uoLiiciS, i avcrtc, Foi-syth, Fulton, Gwinnett, Ilcniy, Paulding, and Rockdalc Counties.

Section 50.

Provisions Relative to Section 30, Department of Revenue.

For purposes of homeowner tax relief grants to counties and local school districts, the eligible assessed value of each qualified homestead in the state shall be $ 10,000 for the taxable year beginning January 1, 2003.

Section 51.

Provisions Relative to Section 31, Secretary of State.

There is included in the Real Estate Rentals object class for the Secretary of State funding for a rental agreement with the Development Authority of Clayton County for the Department of Archives and History.

Section 52.

Provisions Relative to Section 34, Teachers' Retirement System.

It is the intent of the General Assembly that the employer contribution rate for the Teachers' Retirement System shall not exceed 9.24% for S.F.Y. 2004.

Section 53. Provisions Relative to Section 36, Department of Transportation.

For this and all future general appropriations acts, it is the intent of this General Assembly that the following provisions apply:

a.) In order to meet the requirements for projects on the Interstate System, the Office of Planning and Budget is hereby authorized and directed to give advanced budgetary authorization for letting and execution of Interstate Highway Contracts

_____________GEORGIA LAWS 2003 SESSION___________761

not to exceed the amount of Motor Fuel Tax Revenues actually paid into the Fiscal Division of the Department of Administrative Services.

b.) Objects for activities financed by Motor Fuel Tax Funds may be adjusted for additional appropriations or balances brought forward from previous years with prior approval by the Office of Planning and Budget.

c.) Interstate rehabilitation funds may be used for four-laning and passing lanes. Funds appropriated for on-system resurfacing, four-laning and passing lanes may be used to match additional Federal aid.

d.) The Fiscal Officers of the State are hereby directed as of July 1st of each fiscal year to determine the collection of Motor Fuel Tax in the immediately preceding year less refunds, rebates and collection costs and enter this amount as being the appropriation payable in lieu of the Motor Fuel Tax Funds appropriated in Section 36 of this Bill, in the event such collections, less refunds, rebates and collection costs, exceed such Motor Fuel Tax Appropriation.

e.) Functions financed with General Fund appropriations shall be accounted for separately and shall be in addition to appropriations of Motor Fuel Tax revenues required under Article III, Section IX, Paragraph VI, Subsection (b) of the State Constitution.

f.) Bus rental income may be retained to operate, maintain and upgrade department-owned buses, and air transportation service income may be retained to maintain and upgrade the quality of air transportation equipment.

in order to aid tnc ucpartiiiciH in tnc Qiscnargc or its powers and duties pursuant ^

fLrV,J To^Vc.-utiwr.nn JT^?.~?.~L0 ru.if tuini^.- w nfnfii.w-jajli vf.^-iu.-ul.^- \.-j.if vf.J.-^.-u.ringiiaJ mA m nnv.-j.itaati.^-.u-|, ajri.m/I 1in11 ^.-.v-ijmiiiip-inliaanii.v-ji-. C3D

^*i

witn Section j^,-^. 4t (oj(l^, U.Lx,(_i./\., tnc JJcpartmciit is autnoiizcd to tiansici *. >__ &

position counts between budget functions provided that the Department's total o *

position count snail riot CXCCCQ tnc maxim\jiYi nuiiioer or annual positions assigned oj

by law.

It is the express intent of this General Assembly, by this Act, that the use of motor fuel funds for the purpose of providing annual debt service on existing or new general obligation debt, for road purposes, issued by the State of Georgia, is for the sole and specific purpose of addressing the State's special need appropriation.
c_*

110vIUCQ, tiicit ruiiciiiig civaiiciuic 10 tnc ucpcn micm or i ranspoiTation iiicty QC uscci ^ ^

tor ngnt-ot-way acquisition lor 3 multi-lane road to connect Atlanta JVlotor ~ ^o 2

t3.nL7,~C,v-t,r-V!v,Caivy t\..~\J, Tllnlltt.-lrottladti.e- "/l^_,J vViiaa i^jtltaltlC ,- LH\..n\Jac.HKl^?\fJl dalnl.UH. L^JtI^ctl,l-t IMVWcC,I^U J,.

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Provided further, that from the amount equal to all money derived from motor fuel taxes for the proceeding fiscal year, there is appropriated the sum $26,155,000

762______GENERAL ACTS AND RESOLUTIONS, VOL. I_______
for payment into the "State of Georgia Guaranteed Revenue Debt Common Reserve Fund". The purpose of this appropriation is to authorize the guarantee by the State of an issue of revenue obligations of the State Road and Tollway Authority for the construction and improvements to roads and bridges including related planning, engineering and land acquisition expenses. The maximum principal amount of the specific issue shall not exceed $331,000,000; the amount of the highest debt service shall not exceed the amount of this appropriation; and the maximum maturities of the issue shall not exceed two hundred forty months. The General Assembly has determined that the obligations of the issue will be self-liquidating over the life of the issue.
Section 54.
In addition to all other appropriations for the State fiscal year ending June 30, 2004, there is hereby appropriated $3,600,000 for the purpose of providing funds for the operation of regional farmers' markets in the Department of Agriculture; and there is hereby appropriated $400,000 for the purpose of providing funds for the Weights and Measures, Warehouse Auditing Programs, Animal Protection Program and Feed Division; there is hereby appropriated $8,578,874 for the purpose of providing operating funds for the State physical health laboratories ($ 120,000) and for State mental health/mental retardation institutions ($8,458,874) in the Department of Human Resources; and there is hereby appropriated $ 10,000,000 for the purpose of providing funds for the operation of the Employment Service and Unemployment Insurance Programs in the Department of Labor. The Office of Planning and Budget is hereby authorized to transfer funds from this section to the appropriate departmental budgets in amounts equal to the departmental remittances to the Fiscal Division of the Department of Administrative Services from agency fund collections.
Section 55.
To the extent to which Federal funds become available in amounts in excess of those contemplated in this Appropriations Act, such excess Federal funds shall be applied as follows, whenever feasible:
First, to supplant State funds which have been appropriated to supplant Federal funds, which such supplanted State funds shall thereupon be removed from the annual operating budgets; and
Second, to further supplant State funds to the extent necessary to maintain the effective matching ratio experienced in the immediately preceding fiscal year, which such supplanted State funds shall thereupon be removed from the annual operating budgets.
The Office of Planning and Budget shall utilize its budgetary and fiscal authority so as to accomplish the above stated intent to the greatest degree feasible. At the

_____________GEORGIA LAWS 2003 SESSION___________763
end of this fiscal year, said Office of Planning and Budget shall provide written notice to the members of the Appropriations Committees of the Senate and House of Representatives of the instances of noncompliance with the stated intent of this Section.
A nonprofit contractor, as defined in Chapter 20 of Title 50, which contracts to receive any public funds appropriated in this Act shall comply with all provisions of Chapter 20 of Title 50 and shall, in addition, deposit copies of each filing required by Chapter 20 of Title 50 with the chairmen of the House and Senate Appropriations Committees and with the Legislative Budget Office, at the same time as the filings required under Chapter 20 of Title 50. Any nonprofit entity which receives a grant of any public funds appropriated in this Act without entering into a contractual arrangement shall likewise, as a condition of such grant, comply with the provisions of Chapter 20 of Title 50 in the same manner as a state contractor and shall likewise file copies of required filings with the chairmen of the House and Senate Appropriations Committees.
Section 56.
Each agency for which an appropriation is authorized herein shall maintain financial records in such a fashion as to enable the State Auditor to readily determine expenditures as contemplated in this Appropriations Act.
Section 57.
In addition to all other appropriations, there is hereby appropriated as needed, a specific sum of money equal to each refund authorized by law, which is required to make refund of taxes and other monies collected in error, farmer gasoline tax refund and any other refunds specifically authorized by law.
Section 58.
No State appropriations authorized under this Act shall be used to continue programs currently funded entirely with Federal funds.
Section 59.
In accordance with the requirements of Article IX, Section VI, Paragraph la of the Constitution of the State of Georgia, as amended, there is hereby appropriated payable to each department, agency, or institution of the State sums sufficient to satisfy the payments required to be made in each year, under existing lease contracts between any department, agency, or institution of the State, and any authority created and activated at the time of the effective date of the aforesaid constitutional provision, as amended, or appropriated for the State fiscal year addressed within this Act. If for any reason any of the sums herein provided under any other provision of this Act are insufficient to make the required payments in

764______GENERAL ACTS AND RESOLUTIONS, VOL. I_________
full, there shall be taken from other funds appropriated to the department, agency or institution involved, an amount sufficient to satisfy such deficiency in full and the lease payment constitutes a first charge on all such appropriations.
Section 60.
(a.) All expenditures and appropriations made and authorized under this Act shall be according to the programs and activities as specified in the Governor's recommendations contained in the Budget Report submitted to the General Assembly at the 2003 Regular Session, except as provided, however, the Director of the Budget is authorized to make internal transfers within a budget unit between objects, programs and activities subject to the conditions that no funds whatsoever shall be transferred for use in initiating or commencing any new program or activity not currently having an appropriation of State funds, nor which would require operating funds or capital outlay funds beyond the fiscal year to which this Appropriation Act applies; and provided, further, that no funds whatsoever shall be transferred between object classes without the prior approval of at least eleven members of the Fiscal Affairs Subcommittees in a meeting called to consider said transfers. This Section shall apply to all funds of each budget unit from whatever source derived. The State Auditor shall make an annual report to the Appropriations Committees of the Senate and House of Representatives of all instances revealed in his audit in which the expenditures by object class of any department, bureau, board, commission, institution or other agency of this State are in violation of this Section or in violation of any amendments properly approved by the Director of the Budget.
(b.) (1.) For purposes of this Section, the term "common object classes" shall include only Personal Services, Regular Operating Expenses, Travel, Motor Vehicle Equipment Purchases, Postage, Equipment Purchases, Computer Charges, Real Estate Rentals and Telecommunications.
(b.) (2.) For each Budget Unit's common object classes in this Act, the appropriations shall be as follows: Expenditures of no more than 102% of the stated amount for each common object class are authorized. However, the total expenditure for the group may not exceed the sum of the stated amounts for the separate object classes of the group.
(b.) (3.) It is the further intent of the General Assembly that this principle shall be applied as well when common object class amounts are properly amended in the administration of the annual operating budget.
Section 61.
Wherever in this Act the terms "Budget Unit Object Classes" or "Combined Object Classes For Section" are used, it shall mean that the object classification following such term shall apply to the total expenditures within the Budget Unit or

_____________GEORGIA LAWS 2003 SESSION___________765

combination of budget units within a designated section, respectively, and shall supersede the object classification shown in the Governor's Budget Report.

For budget units within the Legislative Branch, all transfers shall require prior approval of at least eight members of the Legislative Services Committee in a meeting of such Committee, except that no approval shall be required for transfers within the Senate Functional Budget or the House Functional Budget.

Section 62.

i ncrc is ncrcDy appropriated ci spccitic sum or I'ccicrm grant tuncis, said spccitic

surn Dcing equal to tnc total ot tnc i'CQCicii grant ruius civailaoic in excess ot trie

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Section 63. Provisions Relative to Section 39, State of Georgia General Obligation Debt Sinking Fund.
With regard to the appropriations in Section 39 to the "State of Georgia General Obligation Debt Sinking Fund" for authorizing new debt, the maximum maturities, user agencies and user authorities, purposes, maximum principal amounts, and particular appropriations of highest annual debt service requirements of the new debt are specified as follows:
From the appropriation designated "State General Funds (New)," $13,909,125 is specifically appropriated for the purpose of financing educational facilities for county and independent school systems through the State Board of Education through the issuance of not more than $159,875,000 in principal amount of General Obligation Debt, the instruments ofwhich shall have maturities not in excess oftwo hundred and forty months.
From the appropriation designated "State General Funds (New)," $71,340 is specifically appropriated for the purpose of financing projects and facilities at the Georgia School for the Deaf, the Georgia Academy for the Blind, and the Atlanta Area School for the Deaf through the State Board of Education, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $820,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.

766______GENERAL ACTS AND RESOLUTIONS, VOL. I_________
From the appropriation designated "State General Funds (New)," $3,045,700 is specifically appropriated for the purpose of financing educational facilities for county and independent school systems through the State Board of Education through the issuance of not more than $13,300,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.
From the appropriation designated "State General Funds (New)," $1,154,160 is specifically appropriated for the purpose of financing projects and facilities for the Board of Regents of the University System of Georgia, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $5,040,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.
From the appropriation designated "State General Funds (New)," $572,500 is specifically appropriated for the purpose of financing projects and facilities for the Board of Regents of the University System of Georgia, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $2,500,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.
From the appropriation designated "State General Funds (New)," $5,432,715 is specifically appropriated for the purpose of financing projects and facilities for the Board of Regents of the University System of Georgia, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $62,445,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
From the appropriation designated "State General Funds (New)," $630,750 is specifically appropriated for the purpose of financing projects and facilities for the Department of Technical and Adult Education, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $7,250,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.

_____________GEORGIA LAWS 2003 SESSION___________767
From the appropriation designated "State General Funds (New)," $435,000 is specifically appropriated for the purpose of financing projects and facilities for the Department of Technical and Adult Education, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $5,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
From the appropriation designated "State General Funds (New)," $235,870 is specifically appropriated for the purpose of financing projects and facilities for the State Forestry Commission, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $1,030,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.
From the appropriation designated "State General Funds (New)," $1,740,000 is specifically appropriated for Georgia Environmental Facilities Authority for the purpose of financing loans to local governments and local government entities for water or sewerage facilities or systems, through the issuance of not more than $20,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
From the appropriation designated "State General Funds (New)," $330,600 is specifically appropriated for the purpose of financing the George L. Smith II Georgia World Congress Center projects and facilities for the Department of Industry, Trade, and Tourism, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $3,800,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
From the appropriation designated "State General Funds (New)," $5,916,000 is specifically appropriated for the purpose of financing projects and facilities for the Department of Transportation, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $68,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.

768______GENERAL ACTS AND RESOLUTIONS, VOL. I_________
From the appropriation designated "State General Funds (New)," $389,300 is specifically appropriated for the purpose of financing projects and facilities for the Department of Transportation, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $1,700,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.
From the appropriation designated "State General Funds (New)," $24,795 is specifically appropriated for the purpose of financing projects and facilities for the Department of Juvenile Justice, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $285,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
From the appropriation designated "State General Funds (New)," $435,000 is specifically appropriated for the purpose of financing projects and facilities for the Department of Juvenile Justice, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $5,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
From the appropriation designated "State General Funds (New)," $96,180 is specifically appropriated for the purpose of financing projects and facilities for the Department of Juvenile Justice, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $420,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.
From the appropriation designated "State General Funds (New)," $310,590 is specifically appropriated for the purpose of financing projects and facilities for the Department of Human Resources, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $3,570,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.

_____________GEORGIA LAWS 2003 SESSION___________769
From the appropriation designated "State General Funds (New)," $1,309,350 is specifically appropriated for the purpose of financing projects and facilities for the Department of Human Resources, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $15,050,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
From the appropriation designated "State General Funds (New)," $28,625 is specifically appropriated for the purpose of financing projects and facilities for the Department of Veterans Service, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $ 125,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.
From the appropriation designated "State General Funds (New)," $200,375 is specifically appropriated for the purpose of financing projects and facilities for the Department of Veterans Service, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $875,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.
From the appropriation designated "State General Funds (New)," $1,196,250 is specifically appropriated for the purpose of financing projects and facilities for the Department ofCorrections, by means ofthe acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $13,750,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
From the appropriation designated "State General Funds (New)," $458,000 is specifically appropriated for the purpose of financing projects and facilities for the Department of Defense, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $2,000,000 in principal amount of General Obligation Debt, the instruments ofwhich shall have maturities not in excess of sixty months.

770______GENERAL ACTS AND RESOLUTIONS, VOL. I_________
From the appropriation designated "State General Funds (New)," $261,000 is specifically appropriated for the purpose of financing projects and facilities for the Georgia Building Authority, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $3,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
From the appropriation designated "State General Funds (New)," $7,120,000 is specifically appropriated to the Georgia State Financing and Investment Commission to acquire, construct, develop, extent, enlarge, or improve land, waters, property, highways, buildings, structures, equipment, or facilities of the state, it agencies, departments, institutions, and of those state authorities which were created and activated prior to November 8, 1960, through the issuance of not more than $80,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
From the appropriation designated "State General Funds (New)," $174,000 is specifically appropriated for the purpose of financing projects and facilities for the Department of Technical and Adult Education, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $2,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
From the appropriation designated "State General Funds (New)," $ 174,000 is specifically appropriated for the Board of Regents, University System of Georgia to provide public library facilities by grant to the governing board Burke County Library for that library, through the issuance of not more that $2,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
From the appropriation designated "State General Funds (New)," $261,000 is specifically appropriated for the purpose of financing projects and facilities for the Georgia Building Authority, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $3,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.

_____________GEORGIA LAWS 2003 SESSION___________771
From the appropriation designated "State General Funds (New)," $2,392,500 is specifically appropriated for the purpose of financing projects and facilities for the Georgia Ports Authority, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $27,500,000 in principal amount ofGeneral Obligation Debt, the instruments ofwhich shall have maturities not in excess of two hundred and forty months.
From the appropriation designated "State General Funds (New)," $87,000 is specifically appropriated for the purpose of financing projects and facilities for the Department ofAgriculture, by means ofthe acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $1,000,000 in principal amount ofGeneral Obligation Debt, the instruments ofwhich shall have maturities not in excess of two hundred and forty months.
From the appropriation designated "State General Funds (New)," $2,290,000 is specifically appropriated for the purpose of financing projects and facilities for the Department of Technical and Adult Education, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $10,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.
From the appropriation designated "State General Funds (New)," $348,000 is

13O3.ru ot ixC^ents, University oystem ot vjcor^ii, oy twc3.ns or tne3-CC[tiisition, ^ ^ construction, development, extension,~'Cniircnient, or improvement 0113no, waters, ^ ^ Q property, ninwctys, utiiiuings^ structures, ccjmpnient or t3Ciirties, ootn re313nd ^ opersonal,"ticccss3iTy"Or useiui in connection tliercwitn, tnrouiY tne issuance ot not o more tnctii i'r>UuU,Ui/um pnncip3l 3111ount or \j criers.!ODiT3tion Ueot, tne instruments of which shall have maturities not in excess of two hundred and forty months.

Section 64. TOTAL STATE FUND APPROPRIATIONS

State Fiscal Year 2004

S

16,174,683,7121

Section 65.
This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.

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Section 66.
All laws and parts of laws in conflict with this Act are repealed.
Approved June 4, 2003.
PUBLIC OFFICERS - VOLUNTEER FIREFIGHTERS; TEMPORARY DISABILITY COMPENSATION.
No. 346 (House Bill No. 166).
AN ACT
To amend Part 2 of Article 5 of Chapter 9 of Title 45 of the Official Code of Georgia Annotated, relating to temporary disability compensation for lawenforcement officers and firefighters who are injured in the line of duty, so as to provide temporary disability compensation for officially recognized or designated members of legally organized volunteer fire departments who are injured in the line of duty; to redefine certain terms; to change certain provisions relating to payments of compensation to law enforcement officers and firefighters and limitations thereon; 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 9 of Title 45 of the Official Code of Georgia Annotated, relating to temporary disability compensation for law enforcement officers and firefighters who are injured in the line of duty, is amended by striking in their entirety paragraphs (2) and (5) of Code Section 45-9-102, relating to definitions applicable under said part, and inserting in lieu thereof the following:
"(2) 'Firefighter' or 'fireman' means: (A) Any person who is employed as a professional firefighter on a full-time basis by any municipal, county, or state government fire department certified in writing by the Georgia Firefighter Standards and Training Council pursuant to Code Section 25-3-22 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; or

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(B) Any individual serving as an officially recognized or designated member of a legally organized volunteer fire department certified in writing by the Georgia Firefighter Standards and Training Council pursuant to Code Section 25-3-22 who performs any acts or actions while on duty and when responding to a fire or emergency during any fire or other emergency or while performing duties intended to protect life and property." "(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; or, with respect to a firefighter of a legally organized volunteer fire department, such term means an injury while on duty and when responding to a fire or emergency with the volunteer fire department during any fire or other emergency or while performing duties intended to protect life and property. Going to or from work shall not be considered in the line of duty; and going to a legally organized volunteer fire department to begin a service of duty or traveling from such a fire department after duties have been completed or traveling from the scene of a fire, emergency, or other location where duties were being performed and have been completed shall not be considered in the line of duty."
SECTION 2. Said part is further amended by striking in their entirety subsections (b) and (c) of Code Section 45-9-103, relating to payments of compensation to law enforcement officers and firefighters and limitations thereon, and inserting in lieu thereof the following:
"(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. For purposes of this subsection, the regular compensation of a firefighter covered under subparagraph (2)(B) of Code Section 45-9-102 shall be deemed to be the Georgia average weekly earnings of production workers in manufacturing industries for the immediately preceding calendar year as published by the Georgia Department of Labor. A law enforcement officer or firefighter shall be required to submit to the commission satisfactory evidence of such disability. A volunteer firefighter shall not be considered disabled once he or she is able to perform the duties of his or her regular employment or equivalent thereof. (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;

774______GENERAL ACTS AND RESOLUTIONS, VOL. I________
provided, however, that benefits shall never exceed the person's regular compensation minus the maximum weekly workers' compensation benefit level for that person whether or not workers' compensation is available. For the purposes of this subsection, the regular compensation of a firefighter covered under subparagraph (2)(B) of Code Section 45-9-102 shall be deemed to be the Georgia average weekly earnings of production workers in manufacturing industries for the immediately preceding calendar year as published by the Georgia Department of Labor."
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.
Approved June 4, 2003.
PROFESSIONS AND BUSINESSES - GEORGIA ATHEETE AGENT REGUEATORY COMMISSION; GEORGIA ATHEETIC AND ENTERTAINMENT COMMISSION.
No. 347 (House Bill No. 194).
AN ACT
To amend Chapter 4A of Title 43 of the Official Code of Georgia Annotated, relating to athlete agents, so as to provide a short title; to provide definitions; to provide for the Georgia Athlete Agent Regulatory Commission and its composition, terms, officers, powers and staff; to provide for appointment of the Secretary of State as agent for service of process by nonresident athlete agents under certain circumstances; to provide for registration of athlete agents; to prohibit persons from acting as athlete agents without registering with the commission; to provide for the content of registration forms; to provide for standards for the issuance or denial of registration certificates; to provide for renewal of registration certificates; to provide for sanctions of registrants; to provide for fees; to provide for temporary registration; to require the maintenance of certain records; to provide for criminal penalties for violations; to provide for surety bonds; to provide for prohibited acts by athlete agents; to provide for civil penalties; to provide for notice of signing of agency contracts; to provide for required information and provisions of agency contracts; to provide for certain notice to student athletes who sign agency contracts; to provide that such contracts are voidable and may be cancelled under certain circumstances; to provide for construction; to provide for electronic signatures; to provide a right of action by educational institutions against athlete agents and former student athletes when the educational institution is injured as a result of the violation of the provisions of this Act; to amend Chapter 4B of Title 43 of the Official Code of Georgia Annotated, relating to the Georgia Athletic and Entertainment Commission, so as to provide and revise definitions; to authorize the

_____________GEORGIA LAWS 2003 SESSION___________775
commission to collect and remit certain tax payments; to change certain provisions relating to licensing of boxers in certain circumstances; to provide for qualifications for persons 50 years of age or older seeking a license as a professional boxer; to provide for the powers of the commission upon violation of laws and regulations relating to boxing; to provide for reports and tax payments by promoters; to provide that making a willfully false and fraudulent report is perjury; to provide a penalty for willful failure to make a report and pay taxes; to clarify a provision making it unlawful for persons other than ticket brokers to resell tickets or offer tickets for resale; to provide for exceptions; to change certain provisions regarding service charges for the sale of tickets or rights of entry to certain events; to revise provisions relating to maintaining an office; to change provisions relating to requirements for and conduct of ticket brokers; to require the placement of the license number of ticket brokers on certain advertisements; to authorize certain municipal corporations and counties to require permits for persons reselling tickets or offering tickets for resale in certain circumstances; to renumber Code Section 43-4B-40 as 43-4B-21, conform cross-references, and delete Article 4 of such chapter; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Chapter 4A of Title 43 of the Official Code of Georgia Annotated, relating to athlete agents, is amended by striking Code Section 43-4A-1, relating to short title, and inserting in lieu thereof a new Code Section 43-4A-1 to read as follows:
"43-4A-1. This chapter shall be known and may be cited as the 'Uniform Athlete Agents
Act.'"
SECTION 2. Said chapter is further amended by striking Code Section 43-4A-2, relating to definitions, and inserting in lieu thereof a new Code Section 43-4A-2 to read as follows:
"43-4A-2.
As used in this chapter, the term: (1) 'Agency contract' means an agreement in which a student athlete authorizes a person to negotiate or solicit on behalf of the student athlete a professional sports services contract or an endorsement contract. (2) 'Athlete agent' means an individual who enters into an agency contract with a student athlete or, directly or indirectly, recruits or solicits a student athlete to enter into an agency contract. This term includes an individual who represents to the public that the individual is an athlete agent. This term does not include a spouse, parent, sibling, grandparent, or guardian of the student athlete or an individual acting solely on behalf of a professional sports team or professional sports organization.

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(3) 'Athletic director' means an individual responsible for administering the overall athletic program of an educational institution or, if an educational institution has separately administered athletic programs for male students and female students, the athletic program for males and the athletic program for females, as appropriate. (4) 'Commission' means the Georgia Athlete Agent Regulatory Commission created in Code Section 43-4A-3. (5) 'Contact' means a communication, direct or indirect, between an athlete agent and a student athlete to recruit or solicit the student athlete to enter into an agency contract. (6) 'Endorsement contract' means an agreement under which a student athlete is employed or receives consideration to use on behalf of the other party any value that the student athlete may have because of publicity, reputation, following, or fame obtained because of athletic ability or performance. (7) 'Intercollegiate sport1 means a sport played at the collegiate level for which eligibility requirements for participation by a student athlete are established by a national association for the promotion or regulation of collegiate athletics. (8) 'Person' means any individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, or government; governmental subdivision, agency, or instrumentality; public corporation; or any other legal or commercial entity. (9) 'Professional sports services contract' means an agreement under which an individual is employed, or agrees to render services, as a player on a professional sports team, with a professional sports organization, or as a professional athlete. (10) 'Record' means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form. (11) 'Registration' means registration as an athlete agent pursuant to this chapter. (12) 'State' means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States. (13) 'Student athlete' means an individual who engages in, is eligible to engage in, or may be eligible in the future to engage in any intercollegiate sport. If an individual is permanently ineligible to participate in a particular intercollegiate sport, the individual is not a student athlete for purposes of that sport."
SECTION 3. Said chapter is further amended by striking Code Section 43-4A-3, relating to the creation of the Georgia Athlete Agent Regulatory Commission, and inserting in lieu thereof a new Code Section 43-4A-3 to read as follows:

_____________GEORGIA LAWS 2003 SESSION___________777
"43-4A-3.
(a)(l) There shall be a commission for the regulation of athlete agents in the State of Georgia to be known as the Georgia Athlete Agent Regulatory Commission. (2) Until July 1, 2003, the commission shall consist of six members with an interest in college athletics to be appointed as follows:
(A) The Governor shall appoint two commission members; (B) The President of the Senate shall appoint two commission members; and (C) The Speaker of the House of Representatives shall appoint two commission members. (3) On and after July 1, 2003, the commission shall consist of five members with an interest in college athletics to be appointed as follows: (A) The Governor shall appoint two commission members; (B) The President of the Senate shall appoint one commission member; and (C) The Speaker of the House of Representatives shall appoint two commission members. (4) The terms of the members of the Georgia Athlete Agent Regulatory Commission serving on March 1, 2003, shall continue until June 30, 2003, at which time their terms shall end. Thereafter, successors to such board members shall be appointed in accordance with paragraph (3) of this subsection. (5) All members of the commission shall be citizens of the United States and residents of Georgia. The term of each commission member shall be for a period of three years and commission members may be eligible for reappointment, subject to the provisions of this chapter. If a vacancy occurs on the commission, the officer who originally appointed such member shall appoint a successor who shall take office immediately and serve the remainder of the unexpired term. The commission members and their successors shall have and exercise all the powers and authority vested by law in said commission. (b) The effective date of the appointments pursuant to paragraph (4) of subsection (a) of this Code section shall be July 1, 2003. (c) No person who has served two successive complete terms on the commission shall be eligible for reappointment until after the lapse of one year. Appointment to fill an unexpired term is not to be considered as a complete term. (d) The Governor shall remove from the commission any member for cause as provided in Code Section 43-1-17. (e) The commission shall elect annually a chairperson and a vice chairperson. (f) A majority of the commission shall constitute a quorum for the transaction of business. (g) The commission may promulgate and from time to time amend rules and standards of conduct for athlete agents appropriate for the protection of the residents of the state. (h) Members ofthe commission shall be reimbursed as provided in subsection (f) of Code Section 43-1-2.

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(i) The division director shall be the secretary of the commission and provide all administrative services."
SECTION 4. Said chapter is further amended by striking Code Section 43-4A-4, relating to registration requirements, and inserting in lieu thereof a new Code Section 43-4 A-4 to read as follows:
"43-4A-4.
By acting as an athlete agent in this state, a nonresident individual appoints the division director of the professional licensing board as the individual's agent for service of process in any civil action in this state related to the individual's acting as an athlete agent in this state."
SECTION 5. Said chapter is further amended by inserting a new Code Section 43-4A-4.1 to read as follows:
"43-4 A-4.1.
(a) Except as otherwise provided in subsection (b) of this Code section, an individual may not act as an athlete agent in this state without holding a certificate of registration under this chapter. (b) Before being issued a certificate of registration, an individual may act as an athlete agent in this state for all purposes, except signing an agency contract, if:
(1) A student athlete or another person acting on behalf of the student athlete initiates communication with the individual; and (2) Within seven days after an initial act as an athlete agent, the individual submits an application for registration as an athlete agent in this state. (c) An agency contract resulting from conduct in violation of this Code section is void and the athlete agent shall return any consideration received under the contract."
SECTION 6. Said chapter is further amended by striking Code Section 43-4A-5, relating to application for registration, and inserting in lieu thereof a new Code Section 43-4A-5 to read as follows:
"43-4A-5. An applicant for registration shall submit an application for registration to the commission in a form prescribed by the commission. An application filed under this Code section is a public record. The application must be in the name of an individual and state or contain the following and any other information required by the commission:
(1) The name of the applicant and the address of the applicant's residence and principal place of business; (2) The name of the applicant's business or employer, if applicable; (3) Any business or occupation engaged in by the applicant for the five years next preceding the date of submission of the application;

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(4) A description of the applicant's: (A) Formal training as an athlete agent; (B) Practical experience as an athlete agent; and (C) Educational background relating to the applicant's activities as an athlete agent;
(5) The names and addresses of three individuals not related to the applicant who are willing to serve as references; (6) The name, sport, and last known team for each individual for whom the applicant acted as an athlete agent during the five years next preceding the date of submission of the application; (7) The names and addresses of all persons who are:
(A) With respect to the athlete agent's business if it is not a corporation, the partners, members, officers, managers, associates, or profit sharers of the business; and (B) With respect to a corporation employing the athlete agent, the officers, directors, and any shareholder of the corporation having an interest of 5 percent or greater; (8) Whether the applicant or any person named pursuant to paragraph (7) of this subsection has been convicted of a crime that, if committed in this state, would be a crime involving moral turpitude or a felony, and identify the crime; (9) Whether there has been any administrative or judicial determination that the applicant or any person named pursuant to paragraph (7) of this Code section has made a false, misleading, deceptive, or fraudulent representation; (10) Any instance in which the conduct of the applicant or any person named pursuant to paragraph (7) of this Code section resulted in the imposition of a sanction, suspension, or declaration of ineligibility to participate in an interscholastic or intercollegiate athletic event on a student athlete or educational institution; (11) Any sanction, suspension, or disciplinary action taken against the applicant or any person named pursuant to paragraph (7) of this Code section arising out of occupational or professional conduct; and (12) Whether there has been any denial of an application for, suspension or revocation of, or refusal to renew the registration or licensure of the applicant or any person named pursuant to paragraph (7) of this Code section as an athlete agent in any state."
SECTION 7. Said chapter is further amended by striking Code Section 43-4A-6, relating to evaluation and investigation of applicant, and inserting in lieu thereof a new Code Section 43-4A-6 to read as follows:
"43-4A-6.
Reserved."

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SECTION 8. Said chapter is further amended by striking Code Section 43-4A-7, relating to grounds for refusal or revocation of registration, and inserting in lieu thereof a new Code Section 43-4A-7 to read as follows:
"43-4A-7.
(a) The commission may refuse to issue a certificate of registration if the commission determines that the applicant has engaged in conduct that has a significant adverse effect on the applicant's fitness to act as an athlete agent. In making the determination, the commission may consider whether the applicant has:
(1) Been convicted of a crime that, if committed in this state, would be a crime involving moral turpitude or a felony; (2) Made a material false, misleading, deceptive, or fraudulent representation in the application or as an athlete agent; (3) Engaged in conduct that would disqualify the applicant from serving in a fiduciary capacity; (4) Engaged in conduct prohibited by this chapter; (5) Had a registration or licensure as an athlete agent suspended, revoked, or denied or been refused renewal of registration or licensure as an athlete agent in any state; (6) Engaged in conduct the consequence of which was that a sanction, suspension, or declaration of ineligibility to participate in an interscholastic or intercollegiate athletic event was imposed on a student athlete or educational institution; or (7) Engaged in conduct that significantly adversely reflects on the applicant's credibility, honesty, or integrity. (b) In making a determination under subsection (a) of this Code section, the commission shall consider: (1) How recently the conduct occurred; (2) The nature of the conduct and the context in which it occurred; and (3) Any other relevant conduct of the applicant. (c) The refusal to grant a registration shall not be considered to be a contested case within the meaning of Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' Notice and hearing within the meaning of such chapter shall not be required. Notice of refusal to grant a registration shall be sent by registered mail or statutory overnight delivery or personal service setting forth the particular reasons for the refusal. The written notice shall be sent to the applicant's address of record with the commission and the applicant shall be allowed to appear before the commission if the applicant requests to do so in writing. (d) An athlete agent may apply to renew a registration by submitting an application for renewal in a form prescribed by the commission. An application filed under this subsection is a public record. (e) A certificate of registration or a renewal of a registration is valid for a period of up to two years."

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SECTION 9. Said chapter is further amended by striking Code Section 43-4A-8, relating to actions against persons unqualified for registration or registrants to be disciplined, and inserting in lieu thereof a new Code Section 43-4A-8 to read as follows:
"43-4A-8. (a) The commission may suspend, revoke, or refuse to renew a registration or may discipline a person registered by the commission for conduct that would have justified denial of registration under Code Section 43-4A-7. (b) The commission may discipline, suspend, revoke, or refuse to renew a certificate of registration only after proper notice and an opportunity for a hearing. (c) The provisions of Chapter 13 of Title 50, the 'Georgia Administrative Procedures Act,' shall be applicable to the commission and the provisions of this chapter."
SECTION 10. Said chapter is further amended by striking Code Section 43-4A-9, relating to duration of registration, and inserting in lieu thereof anew Code Section 43-4 A-9 to read as follows:
"43-4A-9. An application for registration or renewal of registration must be accompanied by such fee as shall be prescribed by the commission and a renewal bond, if applicable. The fee shall be the same for all applicants regardless of previous or current registrations or licenses in other states or jurisdictions as an athlete agent."
SECTION 11. Said chapter is further amended by striking Code Section 43-4A-10, relating to temporary registration, and inserting in lieu thereof a new Code Section 43-4A-10 to read as follows:
"43-4A-10. The commission may issue a temporary certificate of registration while an application for registration or renewal of registration is pending, upon receipt by the commission of a completed application for registration, surety bond, and fee and after approval by the chairperson of the commission. The division director may in his or her discretion issue a temporary registration to the applicant, which registration shall have the same force and effect as a permanent registration until the next regular meeting of the commission when the temporary registration shall become void. A temporary registration may be voided at any time."
SECTION 12. Said chapter is further amended by striking Code Section 43-4A-11, relating to violations, and inserting in lieu thereof a new Code Section 43-4A-11 to read as follows:
"43-4A-11. (a) An athlete agent shall retain the following records for a period of five years:

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(1) The name and address of each individual represented by the athlete agent; (2) Any agency contract entered into by the athlete agent; and (3) Any direct costs incurred by the athlete agent in the recruitment or solicitation of a student athlete to enter into an agency contract, (b) Records required by subsection (a) of this Code section to be retained are open to inspection by the commission during normal business hours."
SECTION 13. Said chapter is further amended by striking Code Section 43-4 A-12, relating to fees, and inserting in lieu thereof a new Code Section 43-4A-12 to read as follows:
"43-4A-12. An athlete agent who violates Code Section 43-4A-16 shall be guilty of a felony and, upon conviction, shall be punished by a fine of not less than $5,000.00 nor more than $100,000.00, by imprisonment of one to five years, or both such fine and imprisonment."
SECTION 14. Said chapter is further amended by striking Code Section 43-4A-13, relating to surety bond requirements, and inserting in lieu thereof a new Code Section 43-4A-13 to read as follows:
"43-4A-13. (a) An athlete agent shall deposit or have deposited with the commission, prior to the issuance of a registration or renewal of a registration, a surety bond in the penal sum of not less than $10,000.00, as established by the commission. Such surety bond shall be executed in the favor of the state with a surety company authorized to do business in this state and conditioned to pay damages in the amount of such bond to any athletic department aggrieved by any act of the principal named in such bond, which act is in violation of Code Section 43-4A-14 or would be grounds for revocation of a license under this chapter. If more than one athletic department suffers damages by the actions of an athlete agent, each athletic department shall receive a pro rata share of the amount of the bond based on the entitlement of one share of such amount of the bond for each student athlete who loses his or her eligibility to participate in intercollegiate sports contests as a member of a sports team at an institution of higher education as a result of actions of the athlete agent. (b) If any registrant fails to maintain such bond so as to comply with the provisions of this Code section, the registration issued to the athlete agent shall be suspended until such time as a new bond is obtained. An athlete agent whose registration is suspended pursuant to this Code section shall not carry on any business as an athlete agent during the period of suspension."
SECTION 15. Said chapter is further amended by striking Code Section 43-4A-14, relating to failure to maintain surety bond, and inserting in lieu thereof a new Code Section 43-4A-14 to read as follows:

____________GEORGIA LAWS 2003 SESSION__________783
"43-4A-14.
(a) An athlete agent shall not, with the intent to induce a student athlete to enter into an agency contract:
(1) Give any materially false or misleading information or make a materially false promise or representation; (2) Furnish anything of value to a student athlete before the student athlete enters into the agency contract; or (3) Furnish anything of value to an individual other than the student athlete or another registered athlete agent. (b) An athlete agent may not intentionally: (1) Initiate contact with a student athlete unless registered under this chapter; (2) Refuse or fail to retain or permit inspection of the records required to be retained by this chapter; (3) Fail to register when required by this chapter; (4) Provide materially false or misleading information in an application for registration or renewal of registration; (5) Predate or postdate an agency contract; or (6) Fail to notify a student athlete before the student athlete signs or otherwise authenticates an agency contract for a particular sport that such signing or authentication may make the student athlete ineligible to participate as a student athlete in that sport."
SECTION 16. Said chapter is further amended by striking Code Section 43-4A-15, relating to registration requirements, and inserting in lieu thereof a new Code Section 43-4A-15 to read as follows:
"43-4A-l 5.
The commission may assess a civil penalty against an athlete agent not to exceed $25,000.00 for a violation of this chapter."
SECTION 17. Said chapter is further amended by striking Code Section 43-4A-16, relating to signing contract prior to termination of athlete's eligibility at institution of higher education, and inserting in lieu thereof a new Code Section 43-4A-16 to read as follows:
"43-4 A-16.
(a) Within 72 hours after entering into an agency contract or before the next scheduled athletic event in which the student athlete may participate, whichever occurs first, the athlete agent shall give notice in a record of the existence of the contract to the athletic director of the educational institution at which the student athlete is enrolled or the athlete agent has reasonable grounds to believe the student athlete intends to enroll. (b) Within 72 hours after entering into an agency contract or before the next scheduled athletic event in which the student athlete may participate, whichever occurs first, the student athlete shall inform the athletic director ofthe educational

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institution at which the student athlete is enrolled that he or she has entered into an agency contract."
SECTION 18. Said chapter is further amended by striking Code Section 43-4A-16.1, relating to agent contract, and inserting in lieu thereof a new Code Section 43-4A-16.1 to read as follows:
"43-4A-16.1.
(a) An agency contract must be in a record that is signed or otherwise authenticated by the parties. (b) An agency contract must state or contain:
(1) The amount and method of calculating the consideration to be paid by the student athlete for services to be provided by the athlete agent under the contract and any other consideration the athlete agent has received or will receive from any other source for entering into the contract or for providing the services; (2) The name of any person not listed in the application for registration or renewal of registration who will be compensated because the student athlete signed the agency contract; (3) A description of any expenses that the student athlete agrees to reimburse; (4) A description of the services to be provided to the student athlete; (5) The duration of the contract; and (6) The date of execution. (c) An agency contract must contain, in close proximity to the signature of the student athlete, a conspicuous notice in boldface type in capital letters stating: 'WARNING TO STUDENT ATHLETE IF YOU SIGN THIS CONTRACT: (1) YOU MAY LOSE YOUR ELIGIBILITY TO COMPETE AS A STUDENT ATHLETE IN YOUR SPORT; (2) IF YOU HAVE AN ATHLETIC DIRECTOR, WITHIN 72 HOURS AFTER ENTERING INTO THIS CONTRACT, BOTH YOU AND YOUR ATHLETE AGENT MUST NOTIFY YOUR ATHLETIC DIRECTOR; AND (3) YOU MAY CANCEL THIS CONTRACT WITHIN 14 DAYS AFTER SIGNING IT. CANCELLATION OF THIS CONTRACT MAY NOT REINSTATE YOUR ELIGIBILITY.' (d) An agency contract that does not conform to this Code section is voidable by the student athlete. If a student athlete voids an agency contract, the student athlete is not required to pay any consideration under the contract or to return any consideration received from the athlete agent to induce the student athlete to enter into the contract. (e) The athlete agent shall give a record of the signed or otherwise authenticated agency contract to the student athlete at the time of execution."

_____________GEORGIA LAWS 2003 SESSION___________785
SECTION 19. Said chapter is further amended by striking Code Section 43-4A-17, relating to applicability of "Georgia Administrative Procedure Act," and inserting in lieu thereof a new Code Section 43-4A-17 to read as follows:
"43 -4 A-17. (a) A student athlete may cancel an agency contract by giving notice of the cancellation to the athlete agent in a record within 14 days after the contract is signed. (b) A student athlete may not waive the right to cancel an agency contract. (c) If a student athlete cancels an agency contract, the student athlete is not required to pay any consideration under the contract or to return any consideration received from the athlete agent to induce the student athlete to enter into the contract."
SECTION 20. Said chapter is further amended by adding a new Code Section 43-4A-18 to read as follows:
"43-4A-18. In applying and construing this chapter, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it."
SECTION 21. Said chapter is further amended by striking Code Section 43-4A-19, relating to exceptions to applicability of chapter, and inserting in lieu thereof a new Code Section 43-4A-19 to read as follows:
"43-4A-19. The provisions of this chapter governing the legal effect, validity, or enforceability of electronic records or signatures and of contracts formed or performed with the use of such records or signatures conform to the requirements of Section 102 of the Electronic Signatures in Global and National Commerce Act, Pub. L. No. 106-229,114 Stat. 464 (2000), and supersede, modify, and limit the Electronic Signatures in Global and National Commerce Act."
SECTION 22. Said chapter is further amended by striking Code Section 43-4A-20, relating to institutions of higher education and relationship to athlete agent, and inserting in lieu thereof a new Code Section 43-4A-20 to read as follows:
"43-4A-20. (a) An educational institution has a right of action against an athlete agent or former student athlete for damages caused by a violation of this chapter. In an action under this Code section, the court may award to the prevailing party costs and reasonable attorney's fees. (b) Damages to an educational institution under subsection (a) of this Code section include losses and expenses incurred because, as a result of the conduct

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of an athlete agent or former student athlete, the educational institution was injured by a violation of this chapter or was penalized, disqualified, or suspended from participation in athletics by a national association for the promotion and regulation of athletics, by an athletic conference, or by reasonable self-imposed disciplinary action taken to mitigate sanctions likely to be imposed by such an organization. (c) A right of action under this Code section does not accrue until the educational institution discovers or by the exercise of reasonable diligence would have discovered the violation by the athlete agent or former student athlete. (d) Any liability of the athlete agent or the former student athlete under this Code section is several and not joint. (e) This chapter does not restrict rights, remedies, or defenses of any person under law or equity."
SECTION 23. Chapter 4B of Title 43 of the Official Code of Georgia Annotated, relating to the Georgia Athletic and Entertainment Commission, is amended in Code Section 43-4B-1, relating to definitions, by striking paragraph (19) and inserting in lieu thereof a new paragraph (19) and by inserting new paragraphs to be designated paragraphs (11.1) and (11.2) to read as follows:
"(11.1) 'Original purchaser for personal use' means a person who buys one or more tickets with the intention of using the ticket or tickets solely for the use of the purchaser or the purchaser's invitees, employees, and agents. An original purchaser who resells more than six tickets to the same athletic contest or entertainment event and who resells tickets to an athletic contest or entertainment event for more than 105 percent of their face value shall be rebuttably presumed to be engaging in the business of a ticket broker in any criminal prosecution or civil action, order, or penalty by the commission. (11.2) 'Pay per view' means a telecast for which a fee is required in addition to any other fee paid by the viewer for any other services of the telecaster." "(19) Ticket broker' means:
(A) Any person who is involved in the business of reselling tickets of admission to athletic contests, concerts, theater performances, amusements, exhibitions, or other entertainment events held in this state to which the general public is admitted and who charges a premium in excess of the price of the ticket; or (B) Any person who has a permanent office or place of business in this state who is involved in the business of reselling tickets of admission to athletic contests, concerts, theater performances, amusements, exhibitions, or other entertainment events held inside or outside this state to which the general public is admitted and who charges a premium in excess of the price of the ticket. The term ticket broker shall not include the owner, operator, lessee, or tenant of the property in which an athletic contest or entertainment event is being held

____________GEORGIA LAWS 2003 SESSION__________787
or the sponsor of such a contest or event or the authorized ticket agent of such persons."
SECTION 24. Said chapter is further amended in said Code Section 43-4B-1, relating to definitions, by striking subparagraph (C) of paragraph (20) and inserting in lieu thereof the following:
"(C) Unarmed combat shall not include: (i) Professional boxing; (ii) Professional wrestling; (iii) Amateur boxing; (iv) Amateur wrestling; (v) Any competition displaying the skills of a single form of an Oriental system of unarmed self-defense, including, but not limited to, kick boxing, karate, or full-contact karate, which is held pursuant to the rules of that form and governed or authorized by a nationally recognized organization; (vi) Shidokan when the competition is governed by the United States Shidokan of the World Karate Association; or (vii) Mixed martial arts fighting when the competition is sanctioned, approved, or endorsed by the International Sport Combat Federation (ISCF)."
SECTION 25. Said chapter is further amended in Code Section 43-4B-4, relating to the authority of the commission relative to boxing, by inserting a new subsection to be designated subsection (1) to read as follows:
"(1) The commission is authorized to receive tax payments in accordance with Code Section 43-4B-20, and to remit such tax payments to the general treasury."
SECTION 26. Said chapter is further amended in Code Section 43-4B-11, relating to licenses for boxers and nonboxing participants, by striking subsection (a) and inserting in lieu thereof the following:
"(a) Prior to participating in a professional match, contest, or exhibition of boxing supervised by the commission, referees, judges, timekeepers, matchmakers, boxers, managers, trainers, and each person who assists a boxer immediately before and after a match, contest, or exhibition of boxing and between rounds during a match, contest, or exhibition of boxing shall apply for and be issued licenses. Licenses shall be issued annually and shall expire on December 31 of each calendar year. Each applicant shall make application on a form provided by the commission and pay an annual license fee not to exceed $250.00. Any boxer who has been licensed by the commission during a previous year shall be deemed to be an applicant for a license in any year for which such boxer has entered into a written contract to participate in a professional match, contest, or exhibition of boxing in this state upon the date of entering into such

788_______GENERAL ACTS AND RESOLUTIONS, VOL. I________
a contract. Any party to such a contract may notify the commission that such a contract has been signed."
SECTION 27. Said chapter is further amended by striking Code Section 43-4B-17, relating to age requirements for boxers, and inserting in lieu thereof the following:
"43-4B-17.
(a) No person under the age of 18 years shall participate as a contestant in any professional match, contest, or exhibition of boxing. (b) A primary duty of the commission is ensuring that any person whose health does not permit safely engaging in boxing as a contestant is not licensed as a professional boxer. The General Assembly finds that adequate protection of the health of persons who are 50 years of age or older requires additional precautions by the commission. A person who is 50 years of age or older shall be licensed as a professional boxer and permitted to participate in a professional match, contest, or exhibition of boxing only if such person:
(1) Has participated as a contestant in at least ten professional matches or contests of boxing in the immediately preceding ten years, including at least four professional matches or contests of boxing in the immediately preceding four years; and (2) Is declared medically and physically able to participate as a contestant in a professional match, contest, or exhibition of boxing by a physician who has conducted a more rigorous examination than examinations performed in accordance with this chapter for persons who are younger than 50 years of age. (c) The commission shall promulgate and adopt rules and regulations for the more rigorous examination required by this Code section for persons who are 50 years of age or older."
SECTION 28. Said chapter is further amended by inserting new Code sections to be designated Code Section 43-4B-19, 43-4B-20, and 43-4B-21 to read as follows:
"43-4B-19.
(a) Whenever it may appear to the commission that any person is violating or has violated any provision of this article or Article 1 of this chapter and that proceedings would be in the public interest:
(1) Subject to notice and opportunity for hearing in accordance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' unless the right to notice is waived by the person against whom the sanction is imposed, the commission may:
(A) Issue a cease and desist order prohibiting any violation of this article or Article 1 of this chapter; (B) Issue an order against a person who violates this article or Article 1 of this chapter, imposing a civil penalty up to a maximum of $1,000.00 per violation; or

_____________GEORGIA LAWS 2003 SESSION___________789
(C) Issue an order suspending or revoking the license of the person violating this article or Article 1 of this chapter; or (2) Upon a showing by the commission in any superior court of competent jurisdiction that a person has violated or is about to violate this article or Article 1 of this chapter, a rule promulgated under this article or Article 1 of this chapter, or an order of the commission, the court may enter or grant any or all of the following relief: (A) A temporary restraining order or a temporary or permanent injunction; (B) A civil penalty up to a maximum of $2,000.00 per violation of this article or Article 1 of this chapter; (C) A declaratory judgment; (D) Restitution to any person or persons adversely affected by a defendant's action in violation of this article or Article 1 of this chapter; or (E) Other relief as the court deems just or reasonable. (b) Unless the commission determines that a person subject to this article intends to depart quickly from this state or to remove his or her property from this state or to conceal his or her person or property in this state or that there is immediate danger of harm to citizens of this state or another state, the commission shall give notice in writing that such proceedings are contemplated and allow such person a reasonable opportunity to appear before the commission and execute an assurance of voluntary compliance. The determination of the commission under this subsection shall be final and not subject to review. (c) Procedures relating to hearings, notice, counsel, subpoenas, records, enforcement powers, intervention, rules of evidence, decisions, exceptions, review of initial decisions, final decisions, and judicial review of decisions shall be governed by Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' unless the provisions of such chapter are contrary to the express provisions of this article or Article 1 of this chapter.
43-4B-20. (a) A promoter holding a match shall, within 72 hours after the match, file with the commission a written report which includes the number of tickets sold, the amount of gross receipts, and any other facts the commission may require. For the purposes of this chapter, total gross receipts include:
(1) The gross price charged for the sale or lease of pay per view telecasting and motion picture rights without any deductions for commissions, brokerage fees, distribution fees, advertising, or other expenses or charges; (2) The face value of all tickets sold and complimentary tickets issued, provided, or given; and (3) The face value of any seat or seating issued, provided, or given in exchange for advertising, sponsorships, or anything of value to the promotion of an event. (b) Where the rights to telecast by pay per view a match or matches held in this state under the supervision of the commission are in whole owned by, sold to, acquired by, or held by any person who intends to or subsequently sells or, in

790______GENERAL ACTS AND RESOLUTIONS, VOL. I________
some other manner, extends such rights in part to another, such person is deemed to be a promoter and must be licensed as such in this state. Such person shall, within 72 hours after the sale, transfer, or extension of such rights in whole or in part, file with the commission a written report that includes the gross price charged for the rights to telecast by pay per view, the number of tickets sold, the amount of gross receipts, and any other facts the commission may require. (c) Any written report required to be filed with the commission under this Code section shall be postmarked within 72 hours after the conclusion of the match, and an additional five days shall be allowed for mailing. (d) The written report shall be accompanied by a tax payment in the amount of 5 percent of the total gross receipts exclusive of any federal taxes, except that the tax payment derived from the gross price charged for the sale or lease of pay per view telecasting and motion picture rights shall not exceed $40,000.00 for any single event.
(e)(l) Any promoter who willfully makes a false and fraudulent report under this Code section is guilty of perjury and, upon conviction, is subject to punishment as provided by law. Such penalty shall be in addition to any other penalties imposed by this chapter. (2) Any promoter who willfully fails, neglects, or refuses to make a report or to pay the taxes as prescribed or who refuses to allow the commission to examine the books, papers, and records of any promotion is guilty of a misdemeanor. (f) The commission shall remit all tax payments to the general treasury of the state.
43-4B-21. (a) Whenever the Attorney General has reasonable cause to believe that a person is engaged in a violation of this article, the Attorney General may bring a civil action requesting such relief, including a permanent or temporary injunction, restraining order, or other order against such person as the Attorney General determines to be necessary to restrain the person from continuing to engage in, sanction, promote, or otherwise participate in a professional match, contest, or exhibition of boxing in violation of this article.
(b)(l) Any manager, promoter, matchmaker, or licensee who knowingly violates or coerces or causes any other person to violate any provision of this article shall, upon conviction, be imprisoned for not more than one year or fined not more than $20,000.00, or both. (2) Any member or employee of the commission or any person who administers or enforces this chapter or rules and regulations promulgated pursuant to this chapter who knowingly violates Code Section 43-4B-14 or Code Section 43-4B-15 shall, upon conviction, be imprisoned for not more than one year or fined not more than $20,000.00, or both. (3) Any professional boxer who knowingly violates any provision of this article except Code Section 43-4B-15 shall, upon conviction, be fined not more than $1,000.00 for each violation.

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(4) Any professional boxer who violates the provisions of Code Section 43-4B-15 may be punished by a fine not to exceed $25,000.00 together with a percentage of the purse not to exceed 15 percent for each violation. (c) Unarmed combat, as defined in Code Section 43-4B-1, is a misdemeanor of a high and aggravated nature."
SECTION 29. Said chapter is further amended by striking Code Section 43-4B-26, relating to requirements for ticket brokers, and inserting in lieu thereof the following:
"43-4B-26.
In order to engage in the practice or business of a ticket broker a person shall be required to:
(1) Apply to the commission for a ticket broker's license on a form designated by the commission, pay an annual license fee of $500.00, and renew the license annually; (2) Pay any local tax required by a local government; and (3) Register for sales and use tax purposes pursuant to Article 1 of Chapter 8 of Title 48."
SECTION 30. Said chapter is further amended by striking Code Section 43-4B-28, relating to ticket sales, disclosure requirements, restrictions, and refunds, and inserting in lieu thereof the following:
"43-4B-28.
(a) The ticket broker shall be required to: (1) Disclose the terms of the purchaser's right to cancel the purchase of a ticket from a ticket broker; (2) Disclose to the purchaser the refund policy of the ticket broker should an athletic contest or entertainment event be canceled; and (3) Disclose to the purchaser in writing the difference between the face value of the ticket and the amount which the ticket broker is charging for such ticket. (b)(l) A ticket broker shall be prohibited from employing any agent or employee for the purpose of making future purchases of tickets from the owner, operator, lessee, or tenant of the property on which an athletic contest or entertainment event is to be held. (2) Each ticket broker, including any affiliated group of ticket brokers, shall be prohibited from acquiring and reselling in excess of 1 percent of the total tickets allocated for any contest or event. (3) Unless otherwise provided in a written agreement between a ticket broker and the purchaser, a ticket broker shall be required to refund any payment received for the purchase of a ticket under this article if the purchaser returns the ticket and requests a cancellation of the sale thereof within 36 hours from the time of purchase of the ticket and if such return is made more than 72 hours preceding the athletic contest or entertainment event.

792______GENERAL ACTS AND RESOLUTIONS, VOL. I_________
(4) A ticket broker shall be required to refund any payment received for the purchase of a ticket under this article if the athletic contest or entertainment event is canceled and not rescheduled. (5) If a ticket broker guarantees in writing delivery of a ticket or tickets to an athletic contest or entertainment event as provided under this article to a purchaser and fails to complete such delivery, the ticket broker shall be required to provide within 15 days a full refund of any amount paid by the purchaser and, in addition, shall pay the purchaser a refund fee of three times the amount paid by the purchaser for each such ticket. (c) A ticket broker and its employees, agents, and assigns are criminally prohibited from reselling or offering for resale any ticket within 1,500 feet from the venue where an event or contest is to be held or is being held. (d) Any ticket broker offering to resell tickets to an athletic contest or entertainment event through any printed, broadcast, or Internet advertising shall include in such advertising the license number of such ticket broker offering such tickets for resale."
SECTION 31. Said chapter is further amended in Code Section 43-4B-30, relating to county and municipal ordinances, by inserting a new subsection to be designated subsection (c) to read as follows:
"(c)( 1) Municipal corporations and counties in this state are authorized to enact an ordinance requiring an individual reselling tickets or offering tickets for resale in such municipal corporations or in the unincorporated area of such counties to obtain a permit from the municipal corporation or county for such activity if the individual:
(A) Engages in reselling tickets or offering tickets for resale in or on the streets, sidewalks, or other places owned or operated by such municipal corporation or county and open to the public regardless of whether such individual maintains a permanent office or place of business for reselling tickets or offering tickets for resale in this state; or (B) Does not maintain a permanent office or place of business in this state. (2) A municipality or county may charge a fee for such permit not to exceed $150.00. (3) In order to obtain a permit, individuals first must provide proof of licensing under Code Section 43-4B-26 to the municipality or county issuing such permits. (4) The provisions of this Code section shall not apply to an original purchaser for personal use. (5) The provisions of this Code section shall not apply to the delivery of one or more tickets after a sales transaction is completed at a ticket broker's permanent office or place of business in this state."

____________GEORGIA LAWS 2003 SESSION__________793
SECTION 32. Said chapter is further amended by striking Article 4, consisting of Code Section 43-4B-40, relating to penalties relative to Article 2, which Article 4 reads as follows:
"ARTICLE 4
43-4B-40. (a) Whenever the Attorney General has reasonable cause to believe that a person is engaged in a violation of Article 2 of this chapter, the Attorney General may bring a civil action requesting such relief, including a permanent or temporary injunction, restraining order, or other order against such person as the Attorney General determines to be necessary to restrain the person from continuing to engage in, sanction, promote, or otherwise participate in a professional match, contest, or exhibition of boxing in violation of Article 2 of this chapter.
(b)(l) Any manager, promoter, matchmaker, or licensee who knowingly violates or coerces or causes any other person to violate any provision of Article 2 of this chapter shall, upon conviction, be imprisoned for not more than one year or fined not more than $20,000.00, or both. (2) Any member or employee of the commission or any person who administers or enforces this chapter or rules and regulations promulgated pursuant to this chapter who knowingly violates Code Section 43-4B-14 or Code Section 43-4B-15 shall, upon conviction, be imprisoned for not more than one year or fined not more than $20,000.00, or both. (3) Any professional boxer who knowingly violates any provision of this chapter except Code Section 43-4B-15 shall, upon conviction, be fined not more than $1,000.00 for each violation. (4) Any professional boxer who violates the provisions of Code Section 43-4B-15 may be punished by a fine not to exceed $25,000.00 together with a percentage of the purse not to exceed 15 percent for each violation. (c) Unarmed combat, as defined in Code Section 43-4B-1, is a misdemeanor of a high and aggravated nature."
SECTION 33. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 34. All laws and parts of laws in conflict with this Act are repealed.
Approved June 4, 2003.

794______GENERAL ACTS AND RESOLUTIONS, VOL. I_______
AGRICULTURE - HONEYBEE COLONIES; INSPECTION.
No. 348 (House Bill No. 293).
AN ACT
To amend Article 3 of Chapter 14 of Title 2 of the Official Code of Georgia Annotated, relating to honeybees, so as to change certain provisions relating to inspection of colonies and duty to register as colony owner; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Article 3 of Chapter 14 of Title 2 of the Official Code of Georgia Annotated, relating to honeybees, is amended by striking Code Section 2-14-43, relating to inspection of colonies and duty to register as colony owner, and inserting in lieu thereof the following:
"2-14-43. The Commissioner may require the registration and inspection of honeybee colonies as needed. Such inspections shall be made for the primary purpose of combating the spread of bee diseases, Africanized bees, or any other threat to honeybees in this state. All persons subject to this article shall be provided a reasonable opportunity to assist the inspectors in the inspection of such colonies."
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.
Approved June 4, 2003.
WILLS - ORAL TRUST AGREEMENTS.
No. 351 (House Bill No. 367).
AN ACT
To amend Article 2 of Chapter 12 of Title 53 of the Official Code of Georgia Annotated, relating to creation and validity of express trusts, so as to provide for oral trust agreements for personal property; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

_____________GEORGIA LAWS 2003 SESSION__________795
SECTION 1. Article 2 of Chapter 12 of Title 53 of the Official Code of Georgia Annotated, relating to creation and validity of express trusts, is amended by inserting a new Code section to follow Code Section 53-12-22, relating to the capacity to create an express trust, to read as follows:
"53-12-22.1. (a) This Code section shall apply only with respect to a trust that has or will have as its initial corpus a policy or policies of life insurance insuring the life of the settlor. (b) A trust subject to this Code section may be created by oral agreement of the settlor and the trustee if such oral agreement is evidenced by one or more contemporaneously executed documents dated and signed by the settlor which evidence:
(1) The identity of the settlor; (2) The identity of the trustee; (3) The identity or identities of the beneficiaries and the beneficial shares of the beneficiaries where more than one; (4) The general nature of the policy or policies of insurance which do or will constitute the initial corpus of the trust; and (5) Whether the trust is revocable or irrevocable. (c) A trust created pursuant to this Code section shall terminate six months after its creation unless sooner terminated by the settlor."
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.
Approved June 4, 2003.
WATERS - LAKE OCONEE; PROHIBITED VESSELS.
No. 352 (House Bill No. 444).
AN ACT
To amend Code Section 52-7-13 of the Official Code of Georgia Annotated, relating to boating safety zones, restrictions on use of motors and operation of houseboats on certain lakes, and exceptions, so as to prohibit operation of certain vessels on Lake Oconee; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

796______GENERAL ACTS AND RESOLUTIONS, VOL. I________
SECTION 1. Code Section 52-7-13 of the Official Code of Georgia Annotated, relating to boating safety zones, restrictions on use of motors and operation of houseboats on certain lakes, and exceptions, is amended by striking subsection (g) and inserting in lieu thereof the following:
"(g) The operation of any of the following vessels on Lake Oconee shall be prohibited:
(1) Any motorized vessel greater than 30 feet six inches in length; except for law enforcement, scientific research, or dam operation and maintenance craft or a vessel not greater than 40 feet in length used for conducting group tours on behalf of the owner or operator of a REAP certified by the Department of Community Affairs under Code Section 50-8-192; or (2) Any vessel equipped with any type of bypass mechanism that reduces or eliminates the effectiveness of the muffler or baffler system required by Code Section 52-7-10. (h) The provisions of this Code section shall not apply to vessels engaged in any activity authorized under Code Section 52-7-19."
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.
Approved June 4, 2003.
MOTOR VEHICLES - PENAL INSTITUTIONS - PROFESSIONS AND BUSINESSES - LICENSE APPLICATIONS; CONVICTION REPORTS;
INFORMATION AND FEES; LIMITED PERMITS; DRIVER IMPROVEMENT CLINICS AND PROGRAMS; IGNITION INTERLOCK DEVICES.
No. 353 (House Bill No. 447).
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 of minors for drivers' licenses and distinctive license for persons under age 21; to change certain provisions relating to when courts are to send licenses and reports of convictions to the Department of Motor Vehicle Safety; to change the provisions relating to suspension of license or driving privilege for failure to respond to citation and reinstatement of license; to provide for forwarding of information and fees; to change certain provisions relating to limited driving permits for certain offenders; to change certain provisions relating to purpose of Article 4 of Chapter 5 of said title; to provide for licensing periods; to provide for bonds; to change certain

_____________GEORGIA LAWS 2003 SESSION___________797
provisions relating to optional programs; to change certain provisions relating to establishment and approval of clinics and programs for driver improvement and driving under the influence of alcohol and drugs, out-of-state certificates of completion, instructor licenses, fees, and operation of clinics by employees of probation division; to provide requirements for court ordered programs; to change certain provisions relating to reinstatement of licenses suspended for certain offenses or for points; to change certain provisions relating to reduction of point count upon completion of course; to change certain provisions relating to administrative penalties; to change certain provisions relating to administration of the Motor Vehicle Safety Responsibility Act, rules and regulations, hearings, and appeals; to amend Code Section 42-8-112 of the Official Code of Georgia Annotated, relating to proof of compliance required for reinstatement of certain drivers' licenses and for obtaining probationary licenses and reporting requirements, so as to change certain provisions relating to reporting requirements for provider centers for ignition interlock devices; to amend Chapter 13 of Title 43 of the Official Code of Georgia Annotated, relating to instructors in driver training and operators of driver training schools, so as to provide for licensing and regulation of instructors and operators of driver training schools and commercial driver training schools; 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 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, is amended in Code Section 40-5-64, relating to limited driving permits for certain offenders, by inserting a new subparagraph (g)(l)(C) to read as follows:
"(C) Upon receipt of notice from a provider center for ignition interlock devices that an ignition interlock device which a permittee is required to use has been tampered with or the permittee has failed to report for monitoring of such device as required by law, the department shall revoke such permittee'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 2. Said title is further amended by striking Code Section 40-5-80, relating to the purpose of Article 4 of Chapter 5 of said title, and inserting in lieu thereof the following:
"40-5-80. The purpose of this article, the 'Georgia Driver Improvement Act,' is to improve and promote greater safety upon the highways and streets of this state; to improve the attitude and driving habits of drivers who accumulate traffic accident and

798______GENERAL ACTS AND RESOLUTIONS, VOL. I_______
motor vehicle conviction records; and to provide uniform DUI Alcohol or Drug Use Risk Reduction Programs for the rehabilitation of persons identified as reckless or negligent drivers and frequent violators. In carrying out this purpose, the Department of Motor Vehicle Safety and the Department of Human Resources, as applicable, shall:
(1) Charge a fee for the consideration of applications for approval of driver improvement clinics and instructors. The amount of this fee shall be established by the commissioner of motor vehicle safety and shall, as best as the commissioner shall determine, approximate the expense incurred by the Department of Motor Vehicle Safety in consideration of an application. These licenses and each renewal thereof shall be valid for a period of four years unless suspended or revoked prior to the expiration of that time period; and (2) Require, in addition to the criteria for approval of driver improvement clinics established by the commissioner of motor vehicle safety and DUI Alcohol or Drug Use Risk Reduction Programs established by the Department of Human Resources, as provided in subsections (a) and (e) of Code Section 40-5-83, respectively, that every driver improvement clinic and DUI Alcohol or Drug Use Risk Reduction Program shall, as a condition of approval, provide a continuous surety company bond for the protection of the contractual rights of students in such form as will meet with the approval of the Department of Motor Vehicle Safety or the Department of Human Resources, as applicable, and written by a company authorized to do business in this state. The principal sum of the bond shall be established by the commissioner of motor vehicle safety or the Board of Human Resources, as applicable; however, in no event shall this amount be less than $2,500.00 per location, and a single bond at such rate may be submitted for all locations under the same ownership. If at any time said bond is not valid and in force, the license of the clinic or program shall be deemed suspended by operation of law until a valid surety company bond is again in force."
SECTION 3. Said title is further amended by striking subsection (a) of Code Section 40-5-81, relating to optional programs, and inserting in lieu thereof the following:
"(a) Any driver improvement program to which attendance is required by court order shall conform to the requirements of this article."
SECTION 4. Said title is further amended by striking Code Section 40-5-83, relating to establishment and approval of clinics and programs, out-of-state certificates of completion, instructor licenses, fees, and operation of clinics by employees of probation division, and inserting in lieu thereof the following:
"40-5-83. (a)( 1) The commissioner of motor vehicle safety shall establish criteria for the approval of driver improvement clinics. To be approved, a clinic shall provide and operate either a defensive driving course, an advanced defensive driving

___________GEORGIA LAWS 2003 SESSION___________799
course, or a professional defensive driving course or any combination thereof. Clinics shall be composed of uniform education and training programs consisting of six hours of instruction designed for the rehabilitation of problem drivers. The commissioner shall establish standards and requirements concerning the contents of courses, qualifications of instructors, attendance requirements for students, and examinations. Approved clinics shall charge a fee of $75.00 for a defensive driving course, an advanced defensive driving course, or a professional defensive driving course; except that such clinics may charge different fees of their own choosing if the person is not enrolling in such course pursuant to court order or department requirement. No clinic shall be approved unless such clinic agrees in writing to allow the examination and audit of the books, records, and financial statements of such clinic. Clinics may be operated by any individual, partnership, corporation, association, civic group, club, county, municipality, board of education, school, or college.
(1.1 )(A) No driver improvement clinic shall be permitted to use, adopt, or conduct any business under any name that is like or deceptively similar to any name used by any other driver improvement clinic, Georgia company, or Georgia corporation registered with the Secretary of State. This subparagraph shall not prohibit the franchising or licensing of any part or all of the name of a driver improvement clinic by the owner or the rights thereof to another licensed driver improvement clinic. (B) This paragraph shall not prohibit the franchising or licensing of any part or all of the name of a clinic by the owner of the rights therein to another licensed driver improvement clinic. (2) The commissioner may issue a special license to the instructor of any commercial driver training school authorizing such instructor to teach a defensive driving course, advanced defensive driving course, or professional defensive driving course of a driver improvement clinic provided pursuant to this Code section if such instructor is qualified to teach a teen-age driver education course which consists of a minimum of 30 hours of classroom and six hours of behind-the-wheel training and such instructor certifies to the commissioner that he or she has provided at least 250 hours of behind-the-wheel training in a teen-age driver education course. (b)(l) The commissioner shall be authorized to accept certificates of completion from all defensive driving, driving under the influence, and alcohol and drug programs, clinics, and courses approved by any other state, the District of Columbia, and territories and possessions of the United States, including military reservations, whereby driver improvement clinics, programs, and courses shall be approved for use by residents of this state, other states, the District of Columbia, and territories and possessions of the United States. (2) Driver improvement clinics, programs, and courses outside of the State of Georgia shall not be required to comply with the provisions of subsection (a) of this Code section. (3) Driving under the influence and alcohol and drug programs, clinics, and courses outside of the State of Georgia shall not be required to comply with the

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provisions of subsection (e) of this Code section; provided, however, that the department shall not accept certificates of completion from any such program, clinic, or course unless said program, clinic, or course has been certified by the Department of Human Resources as substantially conforming, with respect to course content, with the standards and requirements promulgated by the Department of Human Resources under subsection (e) of this Code section. Certificates of completion from an out-of-state program, clinic, or course not so certified by the Department of Human Resources may be accepted only for the purpose of permitting persons who are not residents of the State of Georgia to reinstate nonresident operating privileges. (c) The commissioner shall be authorized to issue a special license to the instructor of any driver improvement clinic who is qualified to teach the alcohol and drug course prescribed in subsection (b) of Code Section 20-2-142. A driver improvement clinic shall offer such alcohol and drug course only through a qualified instructor and shall not charge a fee for such course of more than $25.00. The commissioner shall be authorized to issue a special license to the instructor of any commercial driver training school to teach the alcohol and drug course prescribed in subsection (b) of Code Section 20-2-142 who is qualified to teach a teen-age driver education course, which course consists of a minimum of 30 hours of classroom and six hours of behind-the-wheel training. The alcohol and drug program may be included in the 30 hours of classroom training as part of a curriculum approved by the department. Any fee authorized by law for such a drug and alcohol course may be included in the tuition charge for a teen-age driver education course. Any text or workbook provided or required by the Department of Public Safety for such alcohol and drug course shall be provided by the department at the same fee as currently charged by the department to any public or private school, contractor, or appropriate representative currently teaching the program. (d) Notwithstanding the provisions of any law or rule or regulation which prohibits any individual who is a probation officer or other official or employee of the probation division of the Department of Corrections or a spouse of such individual from owning, operating, instructing at, or being employed by a driver improvement clinic, any individual who is a probation officer or other official or employee of the probation division of the Department of Corrections or a spouse of such individual who owns, operates, instructs at, or is employed by a driver improvement clinic on June 1, 1985, and who in all respects is and remains qualified to own, operate, instruct at, or be employed by a driver improvement clinic is expressly authorized to continue on and after June 1,1985, to engage in such activities. No person who owns, operates, or is employed by a private company which has contracted to provide probation services for misdemeanor cases shall be authorized to own, operate, be an instructor at, or be employed by a driver improvement clinic or a DUI Alcohol or Drug Use Risk Reduction Program. (e) The Department of Human Resources is designated as the agency responsible for establishing criteria for the approval of DUI Alcohol or Drug Use Risk

____________GEORGIA LAWS 2003 SESSION__________801
Reduction Programs. An applicant must meet the certification criteria promulgated by the Department of Human Resources through its standards and must provide the following services: (1) the assessment component and (2) the intervention component. The Department of Human Resources is designated as the agency responsible for establishing rules and regulations concerning the contents and duration of the components of DUI Alcohol or Drug Use Risk Reduction Programs, qualifications of instructors, attendance requirements for students, examinations, and program evaluations. Qualified instructors shall be certified for periods of four years each, which may be renewed. Approved DUI Alcohol or Drug Use Risk Reduction Programs shall charge a fee of $75.00 for the assessment component and $190.00 for the intervention component. An additional fee for required student program materials shall be established by the Department of Human Resources in such an amount as is reasonable and necessary to cover the cost of such materials. No DUI Alcohol or Drug Use Risk Reduction Program shall be approved unless such clinic agrees in writing to submit reports as required in the rules and regulations of the Department of Human Resources and to allow the examination and audit of the books, records, and financial statements of such DUI Alcohol or Drug Use Risk Reduction Program by the Department of Human Resources or its authorized agent. DUI Alcohol or Drug Use Risk Reduction Programs may be operated by any public, private, or governmental entity; provided, however, that, except as otherwise provided in this subsection, in any political subdivision in which a DUI Alcohol or Drug Use Risk Reduction Program is operated by a private entity, whether for profit or nonprofit, neither the local county board of health nor any other governmental entity shall fund any new programs in that area. Programs currently in existence which are operated by local county boards of health or any other governmental entities shall be authorized to continue operation. New programs may be started in areas where no private DUI Alcohol or Drug Use Risk Reduction Programs have been made available to said community. The Department of Corrections is authorized to operate DUI Alcohol or Drug Use Risk Reduction Programs in its facilities where offenders are not authorized to participate in such programs in the community, provided that such programs meet the certification criteria promulgated by the Department ofHuman Resources. All such programs operated by the Department of Corrections shall be exempt from all fee provisions established in this subsection specifically including the rebate of any fee for the costs of administration. No DUI Alcohol or Drug Use Risk Reduction Program will be approved unless such clinic agrees in writing to pay to the state, for the costs of administration, a fee of $15.00, for each offender assessed or each offender attending for points reduction, provided that nothing in this Code section shall be construed so as to allow the Department of Human Resources to retain any funds required by the Constitution of Georgia to be paid into the state treasury; and provided, further, that the Department of Human Resources 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."

802______GENERAL ACTS AND RESOLUTIONS, VOL. I_________
SECTION 5. Said title is further amended by striking Code Section 40-5-84, relating to reinstatement of licenses suspended for certain offenses or for points, and inserting in lieu thereof the following:
"40-5-84.
(a) Except as otherwise provided, the license of any person whose license is suspended for the first time as a result of the conviction of an offense listed in Code Section 40-5-54 shall, at the expiration of 120 days following the date the license is suspended, be reinstated by the department upon receipt by the department of a certificate of completion of an approved defensive driving course and the payment of a restoration fee of $210.00 or $200.00 when such reinstatement is processed by mail. (b) The license of any person whose license is suspended for the second time as a result of the conviction of an offense listed in Code Section 40-5-54 shall, at the expiration of 120 days following the date the license is suspended, be reinstated by the department upon receipt by the department of a certificate of completion of an advanced defensive driving course and the payment of a restoration fee of $210.00 or $200.00 when such reinstatement is processed by mail. (c) The license of any person whose license is suspended for the first time as a result of the assessment of points pursuant to Code Section 40-5-57 shall be reinstated by the department immediately upon receipt by the department of a certificate of completion of an approved defensive driving course and the payment of a restoration fee of $210.00 or $200.00 when such reinstatement is processed by mail. (d) The license of any person whose license is suspended for the second time as a result of the assessment of points pursuant to Code Section 40-5-57 shall be reinstated by the department immediately upon receipt by the department of a certificate of completion of an advanced defensive driving course and the payment of a restoration fee of $210.00 or $200.00 when such reinstatement is processed by mail."
SECTION 6. Said title is further amended by striking Code Section 40-5-86, relating to reduction of point count upon completion of course, and inserting in lieu thereof the following:
"40-5-86.
Upon the accumulation of points pursuant to Code Section 40-5-57, the total number of points accumulated by any driver shall be reduced by seven points, but to not less than zero points, upon the satisfactory completion by such driver of an approved defensive driving course and the submission of a certificate by such driver to the department. The provisions of this Code section shall be available one time only to each driver in any five-year period."

_____________GEORGIA LAWS 2003 SESSION___________803
SECTION 7. Said title is further amended by striking Code Section 40-5-88, relating to administrative penalties, and inserting in lieu thereof the following:
"40-5-88.
(a) As an alternative to criminal or other civil enforcement, the commissioner of motor vehicle safety or the commissioner of human resources, whichever is applicable, in order to enforce this article or any orders, rules, or regulations promulgated pursuant to this article, may issue an administrative fine not to exceed $1,000.00 for each violation, whenever that commissioner, after a hearing, determines that any person, firm, or corporation has violated any provisions of this article or any regulations or orders promulgated under this article. Notwithstanding the foregoing, violations that are minor in nature and committed by a person, firm, or corporation shall be punished only by a written reprimand unless the person, firm, or corporation fails to remedy the violation within 30 days, in which case an administrative fine, not to exceed $250.00, may be issued. (b) The hearing and any administrative review thereof shall be conducted in accordance with the procedure for contested cases under Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' Any person, firm, or corporation who has exhausted all administrative remedies available and who is aggrieved or adversely affected by a final order or action of either the commissioner of motor vehicle safety or the commissioner of human resources shall have the right of judicial review thereof in accordance with Chapter 13 of Title 50. All fines recovered under this Code section shall be paid into the state treasury. The commissioner of motor vehicle safety or the commissioner of human resources, as appropriate, may file, in the superior court (1) wherein the person under order resides; (2) if such person is a corporation, in the county wherein the corporation maintains its principal place of business; or (3) in the county wherein the violation occurred, a certified copy of a final order of such commissioner, whether unappealed from or affirmed upon appeal, whereupon the court shall render judgment in accordance therewith and notify the parties. Such judgment shall have the same effect and proceedings in relation thereto shall thereafter be the same as though the judgment had been rendered in an action duly heard and determined by the court. The penalty prescribed in this Code section shall be concurrent, alternative, and cumulative with any and all other civil, criminal, or alternative rights, remedies, forfeitures, or penalties provided, allowed, or available to such commissioner with respect to any violation of this article or any order, rules, or regulations promulgated pursuant to this article."
SECTION 8. Code Section 42-8-112 of the Official Code of Georgia Annotated, relating to proof of compliance required for reinstatement of certain drivers' licenses and for obtaining probationary licenses and reporting requirements, is amended by striking subsection (c) and inserting in its place the following:

804______GENERAL ACTS AND RESOLUTIONS, VOL. I_________
"(c) Each resident of this state who is required to have an ignition interlock device installed pursuant to this article shall report to the provider center every 30 days for the purpose of monitoring the operation of each required ignition interlock device. If at any time it is determined that a person has tampered with the device, the Department of Motor Vehicle Safety shall be given written notice within five days by the probation officer, the court ordering the use of such device, or the interlock provider. If an ignition interlock device is found to be malfunctioning, it shall be replaced or repaired, as ordered by the court or the Department of Motor Vehicle Safety, at the expense of the provider."
SECTION 9. Chapter 13 of Title 43 of the Official Code of Georgia Annotated, relating to instructors in driver training and operators of driver training schools, is amended by striking in its entirety Code Section 43-13-1, relating to the short title, and inserting in lieu thereof the following:
"43-13-1.
This chapter shall be known and may be cited as The Driver Training School and Commercial Driver Training School License Act.'"
SECTION 10. Said chapter is further amended by striking in its entirety Code Section 43-13-2, relating to definitions, and inserting in lieu thereof the following:
"43-13-2.
As used in this chapter, the term: (1) 'Department' means the Department of Motor Vehicle Safety acting directly or through its duly authorized officers and agents. (2) 'Driver training schools' means any person, partnership, limited liability company, or corporation giving driving instruction to ten or more persons per calendar year for the purpose of assisting such persons to meet the requirements for licensed driving of Class C or Class M motor vehicles in this state, except for motorcycle operator safety training programs conducted by or on behalf of the Department of Motor Vehicle Safety pursuant to Chapter 15 of Title 40. (3) 'Commercial driver training school' means any person, partnership, limited liability company, or corporation giving driving instruction to ten or more persons per calendar year for the purpose of assisting such persons to meet the requirements for licensed driving of Class A or Class B motor vehicles in this state. (4) 'Driver's license examiners' means examiners appointed by the Department of Motor Vehicle Safety for the purpose of giving driver's license examinations. (5) 'Motor vehicle' means every vehicle which is self-propelled upon, or by which any person or property is or may be transported or drawn upon, a public highway except devices used exclusively upon stationary rails or tracks.

____________GEORGIA LAWS 2003 SESSION__________805
(6) 'Person' means every natural person, firm, partnership, limited liability company, association, corporation, or school."
SECTION 11. Said chapter is further amended by striking in its entirety Code Section 43-13-3, relating to license requirement, and inserting in lieu thereof the following:
"43-13-3.
No person shall operate a driver training school, operate a commercial driver training school, or engage in the business of giving instruction for hire in the driving of motor vehicles or in the preparation of an applicant for examination given by driver's license examiners for a driver's license or permit unless a license therefor has been secured from the department. Separate licenses shall be required for the operation of a driver training school and a commercial driver training school."
SECTION 12. Said chapter is further amended by striking in its entirety Code Section 43-13-4, relating to qualifications for driver training and school operators, and inserting in lieu thereof the following:
"43-13-4.
Every person who desires to operate a driver training school or a commercial driver training school shall meet the following requirements:
(1) Be of good moral character; (2) Maintain an established place of business in the State of Georgia which is open to the public; (3) Maintain bodily injury and property damage liability insurance on motor vehicles while used in driver training instruction, insuring the liability of the driver training school, the driving instructors, and any person taking instruction, in at least the following amounts: $100,000.00 for bodily injury to or death of one person in any one accident and, subject to such limit for one person, $200,000.00 for bodily injury to or death oftwo or more persons in any one accident and the amount of $20,000.00 for damage to property of others in any one accident. Evidence of such insurance coverage, in the form of a certificate from the insurance carrier, shall be filed with the department; and such certificate shall stipulate that the insurance shall not be canceled except upon ten days' prior written notice to the department. Such insurance shall be written by a company authorized to do business in this state; (4) Provide a continuous surety company bond in the principal sum of $2,500.00 for the protection of the contractual rights of students in such form as will meet with the approval of the department and written by a company authorized to do business in this state; provided, however, that the aggregate liability of the surety for all breaches of the condition of the bond in no event shall exceed the principal sum of $2,500.00 per location, and a single bond at such rate for all schools operated by the same person may be provided in satisfaction of this paragraph. The surety on any such bond may cancel such

806______GENERAL ACTS AND RESOLUTIONS, VOL. I_______
bond on giving 30 days' notice thereof in writing to the department and shall be relieved of liability for any breach of any condition of the bond which occurs after the effective date of cancellation; (5) Have the equipment necessary to the giving of proper instruction in the operation of motor vehicles as prescribed by the department; and (6) Pay to the department an application fee of $25.00."
SECTION 13. Said chapter is further amended by inserting a new Code section to read as follows:
"43-13-4.1. (a) No driver training school shall be permitted to use, adopt, or conduct any business under any name that is like or deceptively similar to any name of a Georgia corporation registered with the Secretary of State. (b) This Code section shall not prohibit the franchising or licensing of any part or all of the name of a driver training school by the owner of the rights therein to another licensed driver training school."
SECTION 14. Said chapter is further amended by striking in its entirety Code Section 43-13-5, relating to qualifications of driver training school instructors, and inserting in lieu thereof the following:
"43-13-5. Every person who desires to qualify as an instructor for a driver training school or a commercial driver training school shall meet the following requirements:
(1) Be of good moral character; (2) Present to the department evidence of credit in driver education and safety from an accredited college or university equivalent to credits in those subjects which are required of instructors in the public schools of this state or give satisfactory performance on a written, oral, performance, or combination examination administered by the department testing both knowledge of the field of driver education and skills necessary to instruct and impart driving skills and safety to students. The examination shall be administered quarterly or upon the written application of four or more prospective licensees. The examination fee shall not exceed $25.00; (3) Be physically able to operate safely a motor vehicle and to instruct others in the operation of motor vehicles; (4) Hold a valid driver's license; and (5) Pay to the department an application fee of $5.00."
SECTION 15. Said chapter is further amended by striking in its entirety Code Section 43-13-6, relating to issuance of licenses to qualified applicants and expiration and renewal of licenses, and inserting in lieu thereof the following:

_____________GEORGIA LAWS 2003 SESSION___________807
"43-13-6.
(a) The department shall issue a license certificate to each operator of a driver training school, to each operator of a commercial driver training school, to each driver training instructor, or to each commercial driver training instructor when the department is satisfied that such person has met the qualifications required under this chapter. (b) All licenses issued to driver training schools, commercial driver training schools, driver training instructors, or commercial driver training instructors pursuant to this chapter shall be valid for four years from the date of issuance unless sooner canceled, suspended, or revoked under Code Section 43-13-7. All licenses shall be renewed through the department as provided in subsection (d) of this Code section and shall be valid for four years from the date of renewal. (c) The license of each driver training school, commercial driver training school, driver training instructor, and commercial driver training instructor may be renewed subject to the same conditions as the original license and upon payment of the same fee. (d) All applications for renewal of a driver training school's license, commercial driver training school license, driver training instructor's license, or commercial driver training instructor's license shall be on a form prescribed by the department and must be filed with the department not more than 60 days nor less than ten days preceding the expiration date of the license to be renewed."
SECTION 16. Said chapter is further amended by striking in its entirety Code Section 43-13-7, relating to cancellation, suspension, revocation, or nonrenewal of licenses, and inserting in lieu thereof the following:
"43-13-7.
The department may cancel, suspend, revoke, or refuse to renew any driver training school's, commercial driver training school's, driver training instructor's, or commercial driver training instructor's license upon good cause being shown and after ten days' notice to the license holder if:
(1) The department is satisfied that the licensee fails to meet the requirements to receive or hold a license under this chapter; (2) The licensee fails to keep the records required by this chapter; (3) The licensee permits fraud or engages in fraudulent practices, with reference to either the applicant or the department, or induces or countenances fraud or fraudulent practices on the part of any applicant for a driver's license or permit; (4) The licensee fails to comply with this chapter or any rule of the department made pursuant thereto; (5) The licensee represents himself or herself as an agent or employee of the department or license examiners or uses advertising designed to lead, or which would reasonably have the effect of leading, persons to believe that such licensee is in fact an employee or representative of the department or license examiners;

GENERAL ACTS AND RESOLUTIONS, VOL. I
(6) The licensee or any employee or agent of the licensee solicits driver training or commercial driver training instruction in an office of any department of the state having to do with the administration of any law relating to motor vehicles; or (7) The licensee or any employee or agent serving as a driver training instructor or commercial driver training instructor has had his or her license canceled, suspended, or revoked."
SECTION 17. Said chapter is further amended by striking in its entirety Code Section 43-13-8, relating to rules and regulations, and inserting in lieu thereof the following:
"43-13-8.
(a) The commissioner of motor vehicle safety is authorized to prescribe, by rule, standards for the eligibility, conduct, equipment, and operation of driver training schools and instructors and commercial driver training schools and instructors and to adopt other reasonable rules and regulations to carry out this chapter. Notwithstanding the foregoing, violations that are minor in nature and committed by a person, firm, or corporation shall be punished only by a written reprimand unless the person, firm, or corporation fails to remedy the violation within 30 days, in which case an administrative fine, not to exceed $250.00, may be issued. (b) The commissioner of the department shall have the authority to assess, after a hearing, an administrative fine not to exceed $1,000.00 per violation against any driver training school or commercial driver training school that fails to comply with any requirement imposed by or pursuant to this chapter. (c) The hearing and any administrative review thereof shall be conducted in accordance with the procedure for contested cases under Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' Any person, firm, or corporation who has exhausted all administrative remedies available and who is aggrieved or adversely affected by a final order or action of the commissioner shall have the right of judicial review thereof in accordance with Chapter 13 of Title 50. All fines recovered under this Code section shall be paid into the state treasury. The commissioner 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, whether unappealed from or affirmed upon appeal, whereupon the court shall render judgment in accordance therewith and notify the parties. Such judgment shall have the same effect, and proceedings in relation thereto shall thereafter be the same as though the judgment had been rendered in an action duly heard and determined by the court. The penalty prescribed in this Code section shall be concurrent, alternative, and cumulative with any and all other civil, criminal, or alternative rights, remedies, forfeitures, or penalties provided, allowed, or available to the commissioner with respect to any violation of this chapter or any order, rules, or regulations promulgated pursuant to this chapter."

____________GEORGIA LAWS 2003 SESSION__________809
SECTION 18. Said chapter is further amended by striking in its entirety Code Section 43-13-10, relating to exceptions to operation under this chapter, and inserting in lieu thereof the following:
"43-13-10. (a) This chapter shall not apply to a college conducting a driver or commercial driver training course; nor shall it apply to driver improvement schools operated by the state or by a county or municipality. (b) Any public or private secondary school or private postsecondary school may conduct driver training courses or driver's education programs, subject to the requirement that the provisions of this chapter other than paragraph (2) of Code Section 43-13-4 shall apply to secondary schools and private postsecondary schools conducting driver training courses or driver's education programs and to instructors therefor."
SECTION 19. (a) Section 1 of this Act shall become effective January 1, 2004. (b) Sections 2 through 18 of this Act shall become effective July 1, 2003.
SECTION 20. All laws and parts of laws in conflict with this Act are repealed.
Approved June 4, 2003.
COMMERCE AND TRADE - RETAIL INSTALLMENT CONTRACTS; LATE AND DISHONOR FEES.
No. 355 (House Bill No. 517).
AN ACT
To amend Article 1 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, "The Retail Installment and Home Solicitation Sales Act," so as to change provisions relating to late fees and dishonor fees which may be charged in retail installment contracts and revolving accounts; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Article 1 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, "The Retail Installment and Home Solicitation Sales Act," is amended by striking Code

810______GENERAL ACTS AND RESOLUTIONS, VOL. I_________
Section 10-1-7, relating to delinquency charges and other charges and fees, and inserting in its place a new Code section to read as follows:
"10-1-7. (a) A retail installment contract or a revolving account may provide for payment by the buyer of a delinquency charge on any installment which is not paid within ten days from the date the payment is due. The charge may not exceed $18.00. A delinquent charge shall not be collected more than once for the same default. A retail installment contract or a revolving account may provide for the payment of reasonable attorneys' fees, if referred for collection to an attorney not a salaried employee of the retail seller, and for the payment of court costs. (b) A retail installment contract or a revolving account may provide that if the buyer submits to the retail seller as payment for an unpaid balance, or portion thereof, in that account or pursuant to that contract, a check, draft, or order for the payment of money on any bank or other depository, which check, draft, or order is not honored by the drawee, then a delinquency charge as specified in subsection (a) of this Code section may be charged; and a bad instrument fee not to exceed the amount specified in subsection (j) of Code Section 16-9-20 and Code Section 13-6-15 may be charged to the buyer and added to the unpaid balance on the buyer's account if ten days have elapsed since the retail seller has mailed to the buyer at his or her last known address written notice of the failure to honor the check, draft, or order without the check, draft, or order having been made good. A fee authorized by this Code section shall not be deemed to be time price differential, interest, or any other type of finance charge and shall not be included in determining whether any limitations on time price differential, interest, or other finance charges have been exceeded."
SECTION 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 June 4, 2003.

_____________GEORGIA LAWS 2003 SESSION___________811
LOCAL GOVERNMENT - BUDGETS AND AUDITS; GRANTS; CERTIFICATION.
No. 356 (House Bill No. 561).
AN ACT
To amend Article 1 of Chapter 81 of Title 36 of the Official Code of Georgia Annotated, relating to local government budgets and audits, so as to change certain provisions relating to grant certification; to provide for a definition; to provide for procedures, conditions, and limitations; to provide for duties and responsibilities; 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 81 of Title 36 of the Official Code of Georgia Annotated, relating to local government budgets and audits, is amended by striking Code Section 36-81-8.1, relating to grant certification, and inserting in its place a new Code Section 36-81-8.1 to read as follows:
"36-81-8.1. (a) As used in this Code section, the term 'subrecipient' means an entity that receives a grant of state funds from the Governor's emergency fund or from a special project appropriation through a local government. (b) Each grant of state funds to a recipient local government from the Governor's emergency fund or from a special project appropriation in an amount greater than $5,000.00 shall be conditioned upon the receipt by the state auditor of a properly completed grant certification form. The form shall be designed by the state auditor and shall be distributed with each covered grant as required by this Code section. The grant certification form shall require the certification by the recipient local government and by the local government auditor that the grant funds were used solely for the express purpose or purposes for which the grant was made. Such form shall be filed with the state auditor in conjunction with the annual audit required under Code Section 36-81-7 for each year in which such grant funds are expended or remain unexpended by the local government. For grant funds to subrecipients, the certification by the local government auditor required by this subsection may also be made by an in-house or internal auditor of the local government who meets the education requirements contained in subparagraph (a)(3)(A) of Code Section 43-3-6. The cost of performing any audit required by this subsection or paragraph (1) of subsection (d) of this Code section shall be an eligible expense of the grant. However, the amount charged shall not exceed 2 percent of the amount of the grant or $250.00 per required audit, whichever is less. The local government to whom the grant is made may deduct the cost of any such audit from the funds disbursed to the subrecipient.

812______GENERAL ACTS AND RESOLUTIONS, VOL. I_________
(c) Where the grant of state funds is for $5,000.00 or less, the grant shall require submission to the state auditor of a properly completed grant certification form as required by subsection (b) of this Code section except that only the local government need certify that the grant funds were used solely for the express purpose or purposes for which the grant was made. However, where such grant is to a subrecipient, the grant shall require submission to the local government of a notarized affidavit executed by the executive director, president, chairperson, chief executive officer, or other responsible party representing the subrecipient, by whatever name or title, to whom the grant funds are disbursed. The affidavit shall certify under oath that the funds were used solely for the express purpose or purposes for which the grant was made. Such affidavit shall be submitted annually for each year that grant funds are expended or remain unexpended according to a schedule established by the local government and shall be made on a form designed by the state auditor and distributed with each covered grant as required by this Code section.
(d)(l) Notwithstanding subsections (b) or (c) of this Code section, the Governor, the Appropriations Committee of the House of Representatives, or the Appropriations Committee of the Senate shall have the right and authority to direct and require any recipient local government to obtain or perform an audit of any grant of state funds from the Governor's emergency fund or from a special project appropriation, regardless of the amount thereof. (2) Notwithstanding subsections (b) or (c) of this Code section, a recipient local government shall have the right or authority to obtain or perform an audit of any grant of state funds to a subrecipient from the Governor's emergency fund or from a special project appropriation, regardless of the amount thereof. (e) The failure to comply with the requirements of this Code section shall result in a forfeiture of a state grant and the return to the state of any such grant funds which have been received by the local government. In the case of a state grant awarded to a subrecipient, the subrecipient shall be responsible for the return to the state of any such grant funds if it is determined that the funds were not used for the express purpose or purposes for which the grant was made. A grant recipient or subrecipient shall be ineligible to receive funds from the Governor's emergency fund or from a special project appropriation until all unallowed expenditures are returned to the state, except that a recipient local government shall not be ineligible for such funds where a subrecipient has not used funds it received for the express purpose or purposes for which the grant was made. (f) No subrecipient shall be considered an agent of the local government or be indemnified or held harmless by the local government for any negligence, misfeasance, or malfeasance ofthe subrecipient, and a recipient local government shall not be liable for any expenditure of state grant funds by a subrecipient."
SECTION 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

____________GEORGIA LAWS 2003 SESSION__________813
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.
Approved June 4, 2003.
AGRICULTURE - CONSERVATION - STATE SOIL AND WATER CONSERVATION COMMISSION; WATER; FARM USE.
No. 357 (House Bill No. 579).
AN ACT
To amend Code Section 2-6-27 of the Official Code of Georgia Annotated, relating to additional duties and powers of the State Soil and Water Conservation Commission, so as to provide for certain powers and duties related to water resources; to amend Chapter 5 of Title 12 of the Official Code of Georgia Annotated, relating to water resources, so as to provide for programs for measuring certain farm uses of water; to change certain provisions relating to permits for withdrawal, diversion, or impoundment of surface waters and monitoring, recording, and reporting water withdrawn by certain irrigation systems; to change certain provisions relating to permits for farm uses, notice of transfer or modification in use or capacity, nonuse, suspension or modification, priority uses, and effect on existing common or statutory law; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Code Section 2-6-27 of the Official Code of Georgia Annotated, relating to additional powers and duties ofthe State Soil and Water Conservation Commission, is amended by inserting a new paragraph to read as follows:
"(7.1) To formulate such rules and regulations and to exercise such powers as are necessary to perform its duties under subsection (m.l) of Code Section 12-5-31 and subsection (b.l) of Code Section 12-5-105;"
SECTION 2. Chapter 5 of Title 12 of the Official Code of Georgia Annotated, relating to water resources, is amended by striking subsection (m) of Code Section 12-5-31, relating to permits for withdrawal, diversion, or impoundment of surface waters and monitoring, recording, and reporting water withdrawn by certain irrigation systems, and inserting in lieu thereof the following:

814______GENERAL ACTS AND RESOLUTIONS, VOL. I________
"(m) For all permits, including without limitation farm use permits, issued under this Code section, whenever required to carry out the objectives of this Code section, including but not limited to determining whether or not any person is in violation of any provision of this Code section or any rule or regulation promulgated pursuant to this Code section; encouraging or ensuring compliance with any provision of this Code section or any rule or regulation promulgated pursuant to this Code section; determining whether or not any person is in violation of any permit condition; or establishing a data bank on the usage of surface waters in a particular area or areas of this state, the director may by order, permit, or otherwise, in writing, require any person holding a permit under this Code section, or any other person who the director reasonably believes is withdrawing, diverting, or impounding surface waters in violation of the permitting requirements of this Code section, to:
(1) Establish and maintain records; (2) Make reports; (3) Install, use, and maintain monitoring equipment or methods; and (4) Provide such other information as the director may reasonably require. Notwithstanding the foregoing provisions of this subsection, any demand for such information by the director, which information has already been provided to the director by such person in the context of prior dealings with the division, and which is still correct, may be satisfied by adequate reference to same. (m. 1)(1) The State Soil and Water Conservation Commission shall have the duty of implementing a program of measuring farm uses of water in order to obtain clear and accurate information on the patterns and amounts of such use, which information is essential to proper management of water resources by the state and useful to farmers for improving the efficiency and effectiveness of their use of water, meeting the requirements of subsection (m) of this Code section, and improving water conservation. Accordingly, the State Soil and Water Conservation Commission shall on behalf of the state purchase, install, operate, and maintain water-measuring devices for farm uses that are required by this Code section to have permits. As used in this paragraph, the term 'operate' shall include reading the water-measuring device, compiling data, and reporting findings. (2) For purposes of this subsection, the State Soil and Water Conservation Commission:
(A) May conduct its duties with commission staff and may contract with other persons to conduct any of its duties; (B) May receive and use state appropriations, gifts, grants, or other sources of funding to carry out its duties; (C) In consultation with the director, shall develop a priority system for installation of water-measuring devices for farm uses that have permits as of July 1, 2003. The commission shall, provided that adequate funding is received, install and commence operation and maintenance of water-measuring devices for all such farm uses by July 1, 2009; provided, however, that the commission shall not install a water-measuring device on

_____________GEORGIA LAWS 2003 SESSION___________815
any irrigation system for such a farm use if such irrigation system is equipped with a meter as of July 1, 2003, and such meter is determined by the commission to be properly installed and operable, but any subsequent replacement or maintenance of such an irrigation system that necessitates replacement of such meter shall necessitate installation of a water-measuring device by the commission; (D) May charge any permittee the commission's reasonable costs for purchase and installation of a water-measuring device for any farm use permit issued by the director after July 1, 2003; however, for permit applications submitted to the division prior to December 31,2002, no charge shall be made for such costs; and (E) Shall issue an annual progress report on the status of water-measuring device installation. (3) Any person who desires to commence a farm use for which a permit is issued after July 1,2003, shall not commence such use prior to the installation of a water-measuring device by the commission. (4) Subject to the provisions of subparagraph (C) of paragraph (2) of this subsection, after July 1, 2009, no one shall use water for a farm use required to have a permit under this Code section without having a water-measuring device in operation that has been installed by the commission. (5) Employees or agents of the commission are authorized to enter upon private property at reasonable times to conduct the duties of the commission under this subsection. (6) Any reports of amounts of use for recreational purposes under this Code section shall be compiled separately from amounts reported for all other farm uses."
SECTION 3. Said chapter is further amended by striking subsection (b) of Code 12-5-105, relating to permits for farm uses, notice of transfer or modification in use or capacity, nonuse, suspension or modification, priority uses, and effect on existing common or statutory law, and inserting in lieu thereof the following:
"(b) Notwithstanding any provisions of Code Section 12-5-95, 12-5-96, or 12-5-97 to the contrary, permits to withdraw, obtain, or utilize ground waters for farm uses, as that term is defined in paragraph (5.1) of Code Section 12-5-92, whether for new withdrawals or under subsection (a) of this Code section, shall be governed as follows:
(1) A permit issued, modified, or amended after July 1, 2003, for farm uses shall have annual reporting requirements and no term and may be transferred or assigned to subsequent owners of the lands which are the subject of such permit; provided, however, that the division shall receive written notice of any such transfer or assignment, and any modification in the use or capacity conditions contained in the permit or in the lands which are the subject of such permit shall require the permittee to submit an application for review and approval by the director consistent with the requirements of this part;

816______GENERAL ACTS AND RESOLUTIONS, VOL. I_________
(2) Permits for farm use, after initial use has commenced, shall not be revoked, in whole or in part, for nonuse; (3) The director may suspend or modify a permit for farm use if he or she should determine through inspection, investigations, or otherwise that the quantity of water allowed would prevent other applicants from reasonable use of ground water beneath their property for farm use; (4) During emergency periods of water shortage, the director shall give first priority to providing water for human consumption and second priority to farm use; and (5) The importance and necessity of water for industrial purposes are in no way modified or diminished by this Code section. (b.l)(l) The State Soil and Water Conservation Commission shall have the duty of implementing a program of measuring farm uses of water in order to obtain clear and accurate information on the patterns and amounts of such use, which information is essential to proper management of water resources by the state and useful to farmers for improving the efficiency and effectiveness of their use of water, meeting the requirements of paragraph (1) of subsection (b) of this Code section, and improving water conservation. Accordingly, the State Soil and Water Conservation Commission shall on behalf of the state purchase, install, operate, and maintain water-measuring devices for farm uses that are required by this Code section to have permits. As used in this paragraph, the term 'operate' shall include reading the water-measuring device, compiling data, and reporting findings. (2) For purposes of this subsection, the State Soil and Water Conservation Commission:
(A) May conduct its duties with commission staff and may contract with other persons to conduct any of its duties; (B) May receive and use state appropriations, gifts, grants, or other sources of funding to carry out its duties; (C) In consultation with the director, shall develop a priority system for installation of water-measuring devices for farm uses that have permits as of July 1, 2003. The commission shall, provided that adequate funding is received, install and commence operation and maintenance of water-measuring devices for all such farm uses by July 1, 2009; provided, however, that the commission shall not install a water-measuring device on any irrigation system for such a farm use if such irrigation system is equipped with a meter as of July 1, 2003, and such meter is determined by the commission to be properly installed and operable, but any subsequent replacement or maintenance of such an irrigation system that necessitates replacement of such meter shall necessitate installation of a water-measuring device by the commission; (D) May charge any permittee the commission's reasonable costs for purchase and installation of a water-measuring device for any farm use permit issued by the director after July 1, 2003; however, for permit

_____________GEORGIA LAWS 2003 SESSION___________817
applications submitted to the division prior to December 31,2002, no charge shall be made for such costs; and (E) Shall issue an annual progress report on the status of water-measuring device installation. (3) Any person who desires to commence a farm use for which a permit is issued after July 1,2003, shall not commence such use prior to the installation of a water-measuring device by the commission. (4) Subject to the provisions of subparagraph (C) of paragraph (2) of this subsection, after July 1, 2009, no one shall use water for a farm use required to have a permit under this Code section without having a water-measuring device in operation that has been installed by the commission. (5) Employees or agents of the commission are authorized to enter upon private property at reasonable times to conduct the duties of the commission under this subsection. (6) Any reports of amounts of use for recreational purposes under this part shall be compiled separately from amounts reported for all other farm uses."
SECTION 4. All laws and parts of laws in conflict with this Act are repealed.
Approved June 4, 2003.
PROFESSIONS - LAND SURVEYING DEFINITION.
No. 361 (House Bill No. 726).
AN ACT
To amend Code Section 43-15-2 of the Official Code of Georgia Annotated, relating to definitions pertaining to professional engineers and land surveyors, so as to revise the definition of the term "land surveying"; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Code Section 43-15-2 of the Official Code of Georgia Annotated, relating to definitions pertaining to professional engineers and land surveyors, is amended by striking subparagraph (D) of paragraph (6) and inserting in lieu thereof a new subparagraph (D) to read as follows:
"(D) The design, platting, and layout, incidental to subdivisions of any tract of land by a land surveyor, of:
(i) Grading plans and site plans;

818______GENERAL ACTS AND RESOLUTIONS, VOL. I_________
(ii) Erosion and sediment control plans, including detention ponds, provided that no impoundment shall be designed on a live (perennial) stream; provided, further, that such detention ponds:
(I) Contain no more than five acre-feet of water storage at maximum pool (top of dam) or are no more than ten feet in height for a dry storage pond; (II) Are no more than six feet in height for a permanent (wet) storage pond; or (III) Contain no more than three acre-feet of water storage at maximum pool (top of dam) if the height is more than ten feet but less than 13 feet for a dry storage pond; (iii) Storm water management plans and facilities, including hydrologic studies and temporary sediment basins, provided that the contributing drainage area shall not be larger than 100 acres; and (iv) Extension of existing water distribution piping and gravity sewers, eight inches in diameter or smaller, provided that off-site length shall not exceed 1,000 feet, the design and construction of which shall conform to the local government ordinances and regulations, and such extensions shall be subjected to the review and approval of a local government which has been delegated approval authority by the Environmental Protection Division of the Department of Natural Resources;".
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.
Approved June 4, 2003.
LOCAL GOVERNMENT - ENTERPRISE ZONES; RESIDENTIAL RENTAL PROPERTY.
No. 362 (House Bill No. 748).
AN ACT
To amend Chapter 88 of Title 36 of the Official Code of Georgia Annotated, relating to enterprise zones, so as to change certain provisions regarding definitions; to provide for additional qualifying businesses and services; to amend Code Section 36-74-13 of the Official Code of Georgia Annotated, relating to enforcement of local codes, so as to provide for limitations with respect to residential rental property; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

_____________GEORGIA LAWS 2003 SESSION___________819
SECTION 1. Chapter 88 of Title 36 of the Official Code of Georgia Annotated, relating to enterprise zones, is amended by striking Code Section 36-88-3, relating to definitions, and inserting in its place a new Code Section 36-88-3 to read as follows:
"36-88-3.
As used in this chapter, the term: (1) 'Ad valorem tax' means property taxes levied for state, county, or municipal operating purposes but does not include property taxes imposed by school districts or property taxes imposed for general obligation debt. (2) 'Business enterprise' means any business engaged primarily in retail, manufacturing, warehousing and distribution, processing, telecommunications, tourism, research and development industries, new residential construction, and residential rehabilitation. (3) 'Department' means the Department of Community Affairs. (4) 'Enterprise zone' means the geographic area designated pursuant to Code Section 36-88-5. (5) 'Full-time job equivalent' means a job or jobs with no predetermined end date, with a regular work week of 30 hours or more, and with the same benefits provided to similar employees. (6) 'Eow-income and moderate-income individual' means a person currently: (A) Unemployed or unemployed for three of the six months prior to the date of hire; (B) Homeless; (C) A resident of public housing; (D) Receiving temporary assistance for needy families or who has received temporary assistance for needy families at any time during the 18 months previous to the date of hire; (E) A participant in the Job Training Partnership Act or who has participated in the Job Training Partnership Act at any time during the 18 months previous to the date of hire; (F) A participant in a job opportunity where basic skills are required or who has participated in such a job opportunity at any time during the 18 months previous to the date of hire; (G) Receiving supplemental social security income; or (H) Receiving food stamps. (7) 'New job' means employment for an individual created within an enterprise zone by a new or expanded qualified business or service enterprise at the time of the initial staffing of such new or expanded enterprise. (8) 'Qualified or qualifying business' means an employer that meets the requirements of Code Section 36-88-4 and other applicable requirements of this chapter. (9) 'Service enterprise' means an entity engaged primarily in finance, insurance, and real estate activity or activities listed under the Standard Industrial Classification (SIC) Codes 60 through 67 according to the Federal

820______GENERAL ACTS AND RESOLUTIONS, VOL. I_________
Office of Management and Budget Standard Industrial Classification Manual, 1987 edition, or engaged primarily in day-care activities."
SECTION 2. Code Section 36-74-13 of the Official Code of Georgia Annotated, relating to enforcement of local codes, is amended by designating the existing text of the Code section as subsection (a) and inserting a new subsection (b) to read as follows:
"(b) No local government is authorized to perform investigations or inspections of residential rental property unless there is probable cause to believe there is or has been a violation or violations of applicable codes, and in no event may a local government require the registration of residential rental property. Conditions which appear to be code violations which are in plain view may form the basis for probable cause."
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.
Approved June 4, 2003.
BANKING AND FINANCE - CIVIL PRACTICE - STATE GOVERNMENT TORTS - AWARD INTEREST; ARBITRATION AWARDS; CLASS ACTIONS; STRUCTURED SETTLEMENT PAYMENT RIGHTS; CANCELLATION RIGHTS.
No. 363 (House Bill No. 792).
AN ACT
To amend Titles 7, 9, 50, and 5 1 of the Official Code of Georgia Annotated, relating to banking and finance, civil practice, state government, and torts, respectively, so as to provide for substantive revisions to provisions regarding civil procedure and settlements and dispute resolution; to change certain provisions regarding interest on judgments; to provide for vacation of an arbitration award based upon an arbitrator's manifest disregard for the law; to provide for the comprehensive revision of provisions regarding class actions; to provide for procedures, conditions, and limitations; to change provisions relating to dismissal of actions; to change provisions relating to jurisdiction; to change provisions relating to prerequisites for transfer of structured settlement payment rights; to provide for court filings; to provide for hearings relative to transfers; to change provisions relating to notification of cancellation rights; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes.

_____________GEORGIA LAWS 2003 SESSION___________821
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Title 7 of the Official Code of Georgia Annotated, relating to banking and finance, is amended by striking Code Section 7-4-12, relating to interest on judgments, and inserting in lieu thereof the following:
"7-4-12. (a) All judgments in this state shall bear annual interest upon the principal amount recovered at a rate equal to the prime rate as published by the Board of Governors of the Federal Reserve System, as published in statistical release H. 15 or any publication that may supersede it, on the day the judgment is entered plus 3 percent. (b) If the judgment is rendered on a written contract or obligation providing for interest at a specified rate, the judgment shall bear interest at the rate specified in the contract or obligation. (c) The postjudgment interest provided for in this Code section shall apply automatically to all judgments in this state and the interest shall be collectable as a part of each judgment whether or not the judgment specifically reflects the entitlement to postjudgment interest. (d) This Code section shall apply to all civil actions filed on or after the effective date of this Code section."
SECTION 2. Title 9 of the Official Code of Georgia Annotated, relating to civil practice, is amended by striking subsection (b) of Code Section 9-9-13, relating to vacation of award by court, application, grounds, rehearing, and appeal of order, and inserting in lieu thereof the following:
"(b) The award shall be vacated on the application of a party who either participated in the arbitration or was served with a demand for arbitration if the court finds that the rights of that party were prejudiced by:
(1) Corruption, fraud, or misconduct in procuring the award; (2) Partiality of an arbitrator appointed as a neutral; (3) An overstepping by the arbitrators of their authority or such imperfect execution of it that a final and definite award upon the subject matter submitted was not made; (4) A failure to follow the procedure of this part, unless the party applying to vacate the award continued with the arbitration with notice of this failure and without objection; or (5) The arbitrator's manifest disregard of the law."
SECTION 3. Said title is further amended by striking Code Section 9-11-23, relating to class actions, and inserting in lieu thereof the following:

822______GENERAL ACTS AND RESOLUTIONS, VOL. I_______
"9-11-23.
(a) One or more members of a class may sue or be sued as representative parties on behalf of all only if:
(1) The class is so numerous that joinder of all members is impracticable; (2) There are questions of law or fact common to the class; (3) The claims or defenses of the representative parties are typical of the claims or defenses of the class; and (4) The representative parties will fairly and adequately protect the interests of the class. (b) An action may be maintained as a class action if the prerequisites of subsection (a) of this Code section are satisfied, and, in addition: (1) The prosecution of separate actions by or against individual members of the class would create a risk of:
(A) Inconsistent or varying adjudications with respect to individual members of the class which would establish incompatible standards of conduct for the party opposing the class; or (B) Adjudications with respect to individual members of the class which would as a practical matter be dispositive of the interests of the other members not parties to the adjudications or substantially impair or impede their ability to protect their interests; (2) The party opposing the class has acted or refused to act on grounds generally applicable to the class, thereby making appropriate final injunctive relief or corresponding declaratory relief with respect to the class as a whole; or (3) The court finds that the questions of law or fact common to the members ofthe class predominate over any questions affecting only individual members, and that a class action is superior to other available methods for the fair and efficient adjudication of the controversy. The matters pertinent to the findings include: (A) The interest of members of the class in individually controlling the prosecution or defense of separate actions; (B) The extent and nature of any litigation concerning the controversy already commenced by or against members of the class; (C) The desirability or undesirability of concentrating the litigation of the claims in the particular forum; and (D) The difficulties likely to be encountered in the management of a class action. (c)(l) As soon as practicable after the commencement of an action brought as a class action, the court shall determine by order whether it is to be so maintained. An order under this subsection may be conditional, and may be altered or amended before the decision on the merits. (2) In any class action maintained under paragraph (3) of subsection (b) of this Code section, the court shall direct to the members of the class the best notice practicable under the circumstances, including individual notice to all members

____________GEORGIA LAWS 2003 SESSION__________823
who can be identified through reasonable effort. The notice shall advise each member that:
(A) The court will exclude the member from the class if the member so requests by a specified date; (B) The judgment, whether favorable or not, will include all members who do not request exclusion; and (C) Any member who does not request exclusion may, if the member desires, enter an appearance through counsel. (3) The judgment in an action maintained as a class action under paragraph (1) or (2) of subsection (b) of this Code section, whether or not favorable to the class, shall include and describe those whom the court finds to be members of the class. The judgment in an action maintained as a class action under paragraph (3) of subsection (b) of this Code section, whether or not favorable to the class, shall include and specify or describe those to whom the notice provided in paragraph (2) of subsection (b) of this Code section was directed, and who have not requested exclusion, and whom the court finds to be members of the class. (4) When appropriate: (A) An action may be brought or maintained as a class action with respect to particular issues; or (B) A class may be divided into subclasses and each subclass treated as a class, and the provisions of this rule shall then be construed and applied accordingly. (d) In the conduct of actions to which this rule applies, the court may make appropriate orders: (1) Determining the course of proceedings or prescribing measures to prevent undue repetition or complication in the presentation of evidence or argument; (2) Requiring, for the protection of the members of the class or otherwise for the fair conduct of the action, that notice be given in such manner as the court may direct to some or all of the members of any step in the action, or of the proposed extent of the judgment, or of the opportunity of members to signify whether they consider the representation fair and adequate, to intervene and present claims or defenses, or otherwise to come into the action; (3) Imposing conditions on the representative parties or on intervenors; and (4) Requiring that the pleadings be amended to eliminate therefrom allegations as to representation of absent persons, and that the action proceed accordingly. The orders may be combined with other orders, and may be altered or amended by the court as may be desirable from time to time. (e) A class action shall not be dismissed or compromised without the approval of the court, and notice of the proposed dismissal or compromise shall be given to all members of the class in such manner as the court directs. (f) The appropriate appellate court may in its discretion permit an appeal from an order of a trial court granting or denying class action certification under this Code section if application is made to it within ten days after entry of the order.

824______GENERAL ACTS AND RESOLUTIONS, VOL. I________
An appeal does not stay proceedings in the trial court unless the trial judge or the appellate court so orders."
SECTION 4. Said title is further amended by striking subsection (a) of Code Section 9-11-41, relating to dismissal of actions, and inserting in lieu thereof the following:
"(a) Voluntary dismissal; effect: (1) BY PLAINTIFF; BY STIPULATION. Subject to the provisions of subsection (e) of Code Section 9-11-23, Code Section 9-11-66, and any statute, an action may be dismissed by the plaintiff, without order or permission of court: (A) By filing a written notice of dismissal at any time before the first witness is sworn; or (B) By filing a stipulation of dismissal signed by all parties who have appeared in the action. (2) BY ORDER OF COURT. Except as provided in paragraph (1) of this subsection, an action shall not be dismissed upon the plaintiffs motion except upon order of the court and upon the terms and conditions as the court deems proper. If a counterclaim has been pleaded by a defendant prior to the service upon him or her of the plaintiffs motion to dismiss, the action shall not be dismissed against the defendant's objection unless the counterclaim can remain pending for independent adjudication by the court. (3) EFFECT. A dismissal under this subsection is without prejudice, except that the filing of a second notice of dismissal operates as an adjudication upon the merits."
SECTION 5. Title 50 of the Official Code of Georgia Annotated, relating to state government, is amended by striking Code Section 50-2-21 relating to jurisdiction extending to persons within state limits, and inserting in its place a new Code Section 50-2-21 to read as follows:
"50-2-21.
(a) The jurisdiction of this state and its laws extend to all persons while within its limits, whether as citizens, denizens, or temporary sojourners. (b) A court of this state may decline to exercise jurisdiction of any civil cause of action of a nonresident accruing outside this state if there is another forum with jurisdiction of the parties in which the trial can be more appropriately held. In determining the appropriateness of this state or of another forum, the court shall take into account the following factors:
(1) The place of accrual of the cause of action; (2) The location of witnesses; (3) The residence or residences of the parties; (4) Whether a litigant is attempting to circumvent the applicable statute of limitations of another state; and (5) The public factor of the convenience to and burden upon the court.

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(c) Upon a motion filed not later than 90 days after the last day allowed for the filing of the moving party's answer and upon the party's showing that the existing forum constitutes an inconvenient forum based on the factors listed in subsection (b) of this Code section and where there is another forum which can assume jurisdiction, the court may dismiss the action without prejudice to its being filed in any appropriate jurisdiction on any condition or conditions that may be just."
SECTION 6. Title 51 of the Official Code of Georgia Annotated, relating to torts, is amended by striking Code Section 51-12-14, relating to unliquidated damages, and inserting in lieu thereof the following:
"51-12-14.
(a) Where a claimant has given written notice by registered or certified mail or statutory overnight delivery to a person against whom claim is made of a demand for an amount of unliquidated damages in a tort action and the person against whom such claim is made fails to pay such amount within 30 days from the mailing or delivering of the notice, the claimant shall be entitled to receive interest on the amount demanded if, upon trial of the case in which the claim is made, the judgment is for an amount not less than the amount demanded. However, if, at any time after the 30 days and before the claimant has withdrawn his or her demand, the person against whom such claim is made gives written notice by registered or certified mail or statutory overnight delivery of an offer to pay the amount of the claimant's demand plus interest under this Code section through the date such notice is given, and such offer is not accepted by the person making the demand for unliquidated damages within 30 days from the mailing or delivering of such notice by the person against whom such claim is made, the claimant shall not be entitled to receive interest on the amount of the demand after the thirtieth day following the date on which the notice of the offer is mailed or delivered even if, upon trial of the case in which the claim is made, the judgment is for an amount not less than the sum demanded pursuant to this Code section. (b) Any written notice referred to in subsection (a) of this Code section shall specify that it is being given pursuant to this Code section. (c) The interest provided for by this Code section shall be at an annual rate equal to the prime rate as published by the Board of Governors of the Federal Reserve System, as published in statistical release H. 15 or any publication that may supersede it, on the thirtieth day following the date of the mailing of the last written notice plus 3 percent, and shall begin to run from the thirtieth day following the date of the mailing or delivering of the written notice until the date ofjudgment. This subsection shall apply to all civil actions filed on or after the effective date of this subsection. (d) Evidence or discussion of interest on liquidated damages, as well as evidence of the offer, shall not be submitted to the jury. Interest shall be made a part of the judgment upon presentation of evidence to the satisfaction of the court that this

826______GENERAL ACTS AND RESOLUTIONS, VOL. I_________
Code section has been complied with and that the verdict of the jury or the award by the judge trying the case without a jury is equal to or exceeds the amount claimed in the notice. (e) This Code section shall be known and may be cited as the 'Unliquidated Damages Interest Act.'"
SECTION 7. Said title is further amended by striking Code Section 51-12-71, relating to prerequisites for transfer of structured settlement payment rights, and inserting in lieu thereof the following:
"51-12-71.
(a) No direct or indirect transfer of structured settlement payment rights shall be effective and no structured settlement obligor or annuity issuer shall be required to make any payment directly or indirectly to any transferee of structured settlement payment rights unless the transfer has been approved in advance in a final court order by a court of competent jurisdiction or order of any government authority vested by law with exclusive jurisdiction over the settled claim resolved by the structured settlement based on express findings by the court or government authority that:
(1) The transfer complies with the requirements of this article and does not contravene any federal or state statute or the order of any court or any responsible administrative authority; (2) The transfer is in the best interest of the payee taking into account the welfare and support of the payee's dependents; (3) Not less than ten days prior to the date on which the transfer agreement is executed in writing, the transferee has provided to the payee an informational pamphlet relating to transfers of structured settlements as provided for in subsection (b) of Code Section 51-12-73, when available, and a separate disclosure statement in bold type, no smaller than 14 points, setting forth:
(A) The amounts and due dates of the structured settlement payments to be transferred; (B) The aggregate amount of such payments; (C) The discounted present value of such payments, together with the discount rate used in determining such discounted present value; (D) The gross amount payable to the payee in exchange for such payments; (E) An itemized listing of all brokers' commissions, service charges, application fees, processing fees, closing costs, filing fees, administrative fees, legal fees, notary fees and other commissions, fees, costs, expenses, and charges payable by the payee or deductible from the gross amount otherwise payable to the payee; (F) The net amount payable to the payee after deduction of all commissions, fees, costs, expenses, and charges described in subparagraph (E) of this paragraph; (G) The quotient (expressed as a percentage) obtained by dividing the net payment amount by the discounted present value of the payments; and

_____________GEORGIA LAWS 2003 SESSION___________827
(H) The amount of any penalty and the aggregate amount of any liquidated damages (inclusive of penalties) payable by the payee in the event of any breach of the transfer agreement by the payee; and (4) The transferee has given written notice of the transferee's name, address, and taxpayer identification number to the annuity issuer and the structured settlement obligor and has filed a copy of the notice with the court. (b) At least 20 days before the hearing which is scheduled on an application for authorizing a transfer of structured settlement payment rights under this Code section, the transferee shall file with the court and deliver to all interested parties a notice of the proposed transfer and the application for its authorization. The notice shall include the following: (1) A copy of the transferee's application to the court; (2) A copy of the transfer agreement; (3) A copy of the disclosure statement required under paragraph (3) of subsection (a) of this Code section; (4) Notification that an interested party may support, oppose, or otherwise respond to the transferee's application, either in person or through counsel, by participating in the hearing or by submitting written comments to the court; and (5) A rule nisi containing notification of the time and place of the hearing and notification of the manner in and the time by which any written response to the application must be filed in order to be considered by the court. A written response shall be filed within 15 days after service of the transferee's notice. (c) Delivery of notice as required by subsection (b) of this Code section may be made as provided in Code Section 9-11-4 or by registered or certified mail, return receipt requested. Notice by registered or certified mail is effective upon the date of delivery as shown on the return receipt. If notice by registered or certified mail is refused or returned undelivered, notice shall be delivered as provided in Code Section 9-11-4. (d) The venue for any application brought under this Code section shall be in the county in which any transferee or transferor resides or in any county in which any of the transferees or transferors have consented to venue."
SECTION 8. Said title is further amended by striking Code Section 51-12-72, relating to required transfer agreements, and inserting in lieu thereof the following:
"51-12-72.
(a) Any transfer agreement of structured settlement payment rights must, in addition to the other requirements of this article, be executed in writing and filed as provided in Code Section 51-12-71. The transfer agreement shall not be so executed until after the expiration of the ten-day period provided for in paragraph (3) of Code Section 51-12-71. (b) No payee shall incur any obligation of any type with respect to a proposed transfer of structured settlement payment rights prior to the execution in writing of the transfer agreement.

828______GENERAL ACTS AND RESOLUTIONS, VOL. I_______
(c) Any payee who executes in writing a transfer agreement shall have the right to rescind the transfer at any time within the next 21 days following the written execution of the transfer agreement or at the hearing provided for in subsection (b) of Code Section 51-12-71, whichever event occurs last. The transferee shall furnish to the payee at the time of execution of the transfer agreement a notice to the payee allowing the payee 21 days to cancel the transfer. This right to cancel shall not limit or otherwise affect the payee's right to cancel pursuant to any other provision of applicable law. The notice shall serve as the cover sheet to the transfer documents. It shall be on a separate sheet of paper with no other written or pictorial material, in at least ten-point bold type, double spaced, and shall read substantially as follows:
'NOTICE OF CANCELLATION RIGHTS: Please read this form completely and carefully. It contains valuable cancellation rights. You may cancel this transaction at any time prior to 5:00 P.M. of the twenty-first day following receipt of this notice or at the hearing on the application for authorization of a transfer of structured settlement payment rights, whichever event occurs last. This cancellation right cannot be waived in any manner. To cancel, sign this form, and mail or deliver it to the address below by 5:00 P.M. of _________ (the twenty-first day following the transaction). It is best to mail it by certified mail or statutory overnight delivery, return receipt requested, and to keep a photocopy of the signed form and your post office receipt. Address to which cancellation is to be returned:
I (we) hereby cancel this transaction.
Payee's Signature Date:
SECTION 9. This Act shall become effective on July 1,2003, and shall apply to all civil actions filed on or after July 1, 2003.
SECTION 10. All laws and parts of laws in conflict with this Act are repealed.
Approved June 4, 2003.

_____________GEORGIA LAWS 2003 SESSION___________829
COMMERCE AND TRADE - TOBACCO MANUFACTURERS; CERTIFICATION.
No. 367 (House Bill No. 893).
AN ACT
To amend Title 10 of the Official Code of Georgia Annotated, relating to commerce and trade, so as to provide for legislative findings; to provide for definitions; to provide for certain certifications by tobacco manufacturers; to provide for a directory data base of certifying tobacco manufacturers; to establish a prohibition against sales by tobacco manufacturers not included in the directory data base; to require an in state agent for service of process; to provide for reporting requirements; to provide for penalties; to provide for administrative review; to require compliance with law prior to issuance of a license; to provide for promulgation of rules and regulations; to provide for attorney fees and costs; to amend Chapter 11 of Title 48 of the Official Code of Georgia Annotated, relating to cigar and cigarette taxes, so as to prohibit the sale of certain cigarettes; to prohibit affixing tax stamps to certain cigarettes; to deem certain cigarettes as contraband; 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 10 of the Official Code of Georgia Annotated, relating to commerce and trade, is amended by adding a new Chapter 13 A to read as follows:
"CHAPTER 13 A
10-13A-1. The General Assembly finds that violations of Chapter 13 of this title threaten the integrity of the tobacco Master Settlement Agreement, the fiscal soundness of the state, and the public health. The General Assembly finds that enacting procedural enhancements will aid the enforcement of such chapter and thereby safeguard the Master Settlement Agreement, the fiscal soundness of the state, and the public health.
10-13A-2. As used in this chapter, the term:
(1) 'Brand family' means all styles of cigarettes sold under the same trademark and differentiated from one another by means of additional modifiers or descriptors, including, but not limited to, 'menthol,' 'lights,' 'kings,' and '100s,1 and includes any brand name, alone or in conjunction with any other word, trademark, logo, symbol, motto, selling message, recognizable pattern of

830______GENERAL ACTS AND RESOLUTIONS, VOL. I________
colors, or any other indicia of product identification identical or similar to or identifiable with a previously known brand of cigarettes. (2) 'Cigarette' means any product that contains nicotine, is intended to be burned or heated under ordinary conditions of use, and consists of or contains (A) any roll of tobacco wrapped in paper or in any substance not containing tobacco; or (B) tobacco, in any form, that is functional in the product, which, because of its appearance, the type of tobacco used in the filler, or its packaging and labeling, is likely to be offered to, or purchased by, consumers as a cigarette; or (C) any roll of tobacco wrapped in any substance containing tobacco which, because of its appearance, the type of tobacco used in the filler, or its packaging and labeling, is likely to be offered to, or purchased by, consumers as a cigarette described in clause (A) of this definition. The term 'cigarette' includes 'roll-your-own' (i.e., any tobacco which, because of its appearance, type, packaging, or labeling is suitable for use and likely to be offered to, or purchased by, consumers as tobacco for making cigarettes). For purposes of this definition of'cigarette,' 0.09 ounces of'roll-your-own' tobacco shall constitute one individual 'cigarette.' (3) 'Commissioner' means the state revenue commissioner. (4) 'Directory' means the directory listing all tobacco product manufacturers that have provided current and accurate certifications conforming to the requirements of Code Section 10-13A-3 and all brand families that are listed in such certifications developed by the Attorney General pursuant to Code Section 10-13A-4. (5) 'Distributor' means any person who:
(A) Maintains a warehouse, warehouse personnel, and salespersons who regularly contact and call on dealers; and (B) Is engaged in the business of:
(i) Manufacturing cigars or cigarettes in this state, importing cigars or cigarettes into this state, or purchasing cigars or cigarettes from other manufacturers or distributors; and (ii) Selling the cigars or cigarettes to dealers in this state for resale but is not in the business of selling the cigars or cigarettes directly to the ultimate consumer of the cigars or cigarettes. (6) 'Master Settlement Agreement' means the settlement agreement (and related documents) entered into on November 23, 1998, by the state and leading United States tobacco product manufacturers. (7) 'Nonparticipating manufacturer' means any tobacco product manufacturer that is not a participating manufacturer. (8) 'Participating manufacturer' has the meaning given that term in subsection II(jj) of the Master Settlement Agreement and all amendments thereto. (9) 'Qualified escrow fund' means an escrow arrangement with a federally or state chartered financial institution having no affiliation with any tobacco product manufacturer and having assets of at least $1 billion where such arrangement requires that such financial institution hold the escrowed funds' principal for the benefit of releasing parties and prohibits the tobacco product

___________GEORGIA LAWS 2003 SESSION___________831
manufacturer placing the funds into escrow from using, accessing, or directing the use of the funds' principal except as consistent with subparagraph (B) of paragraph (2) of Code Section 10-13-3. (10) Tobacco product manufacturer' means an entity that after April 28,1999:
(A) Manufactures cigarettes anywhere that such manufacturer intends to be sold in the United States, including cigarettes intended to be sold in the United States through an importer (except where such importer is an original participating manufacturer (as that term is defined in the Master Settlement Agreement) that will be responsible for the payments under the Master Settlement Agreement with respect to such cigarettes as a result of the provisions of subsection II(mm) of the Master Settlement Agreement and that pays the taxes specified in subsection II(z) of the Master Settlement Agreement, and provided that the manufacturer of such cigarettes does not market or advertise such cigarettes in the United States); (B) Is the first purchaser anywhere for resale in the United States of cigarettes manufactured anywhere that the manufacturer does not intend to be sold in the United States; or (C) Becomes a successor of an entity described in subparagraph (A) or (B) of this paragraph. The term tobacco product manufacturer shall not include an affiliate of a tobacco product manufacturer unless such affiliate itself falls within subparagraphs (A) through (C) of this paragraph. (11) 'Units sold' means the number of individual cigarettes sold in the state by the applicable tobacco product manufacturer (whether directly or through a distributor, retailer, or similar intermediary or intermediaries) during the year in question, as measured by excise taxes collected by the state on packs (or 'roll-your-own' tobacco containers) bearing the excise tax stamp of the state. The state revenue commissioner shall promulgate such regulations as are necessary to ascertain the amount of state excise tax paid on the cigarettes of such tobacco product manufacturer for each year.
10-13A-3. (a) Every tobacco product manufacturer whose cigarettes are sold in this state, whether directly or through a distributor, retailer, or similar intermediary or intermediaries, shall execute and deliver in the manner prescribed by the Attorney General a certification to the commissioner and Attorney General, no later than the thirtieth day of April each year, certifying that, as of the date of such certification, such tobacco product manufacturer either is a participating manufacturer or is in full compliance with Chapter 13 of this title including all annual deposits required by paragraph (2) of Code Section 10-13-3. (b) A participating manufacturer shall include in its certification a list of its brand families. A participating manufacturer shall update such list 30 calendar days prior to any addition to or modification of its brand families by executing and delivering a supplemental certification to the Attorney General and commissioner. A participating manufacturer may not include a brand family in

832______GENERAL ACTS AND RESOLUTIONS, VOL. I________
its certification unless the participating manufacturer affirms that the brand family is to be deemed to be its cigarettes for purposes of calculating its payments under the Master Settlement Agreement for the relevant year, in the volume and shares determined pursuant to the Master Settlement Agreement, (c) A nonparticipating manufacturer shall include in its certification a list of all of its brand families and the number of units sold for each brand family that were sold in this state during the preceding calendar year and a list of all of its brand families that have been sold in this state at any time during the current calendar year. Such lists must indicate by an asterisk any brand family sold in this state during the preceding calendar year that is no longer being sold in this state as of the date of such certification, and identification by name and address of any other manufacturer of such brand families in the preceding or current calendar year. The nonparticipating manufacturer shall update such list 30 calendar days prior to any addition to or modification of its brand families by executing and delivering a supplemental certification to the Attorney General and commissioner. A nonparticipating manufacturer may not include a brand family in its certification unless such nonparticipating manufacturer affirms that the brand family is to be deemed to be its cigarettes for purposes of Chapter 13 of this title. Such certification must also certify:
(1) That such nonparticipating manufacturer is registered to do business in this state and has appointed a resident agent for service of process and provided notice thereof as required by Code Section 10-13A-6; (2) That such nonparticipating manufacturer has established and continues to maintain a qualified escrow fund as required by Code Section 10-13-3 and has executed a qualified escrow agreement that has been reviewed and approved by the Attorney General and that governs the qualified escrow fund; (3) That such nonparticipating manufacturer is in full compliance with Chapter 13 of this title and with this chapter and any regulations promulgated pursuant to either such chapter; and (4) The name, address, and telephone number of the financial institution where the nonparticipating manufacturer has established such qualified escrow fund required pursuant to Chapter 13 of this title and all regulations promulgated pursuant to such chapter; the account number of such qualified escrow fund and any subaccount number for this state; the amount such nonparticipating manufacturer placed in such fund for cigarettes sold in this state during the preceding calendar year, the date and amount of each such deposit, and such evidence or verification as may be deemed necessary by the Attorney General to confirm the foregoing; and the amount and date of any withdrawal or transfer of funds the nonparticipating manufacturer made at any time from such fund or from any other qualified escrow fund into which it ever made escrow payments pursuant to Chapter 13 of this title and all regulations promulgated pursuant to such chapter. Certification in accordance with this subsection shall be deemed to be in compliance with subparagraph (C) of paragraph (2) of Code Section 10-13-3.

____________GEORGIA LAWS 2003 SESSION__________833
(d) Nothing in this Code section shall be construed as limiting or otherwise affecting the state's right to maintain that a brand family constitutes cigarettes of a different tobacco product manufacturer for purposes of calculating payments under the Master Settlement Agreement or for purposes of Chapter 13 of this title. (e) Tobacco product manufacturers shall maintain all invoices and documentation of sales and other such information relied upon for such certification for a period of five years, unless otherwise required by law to maintain them for a greater period of time.
10-13A-4. (a) Not later than August 1,2004, the Attorney General shall develop and make available for public inspection on its website a directory, as defined in paragraph (4) of Code Section 10-13A-2. (b) The Attorney General shall not include or retain in such directory the name or brand families of any nonparticipating manufacturer that has failed to provide the required certification or whose certification the Attorney General determines is not in compliance with subsection (c) of Code Section 10-13A-3, unless the Attorney General has determined that such violation has been cured to the satisfaction of the Attorney General. (c) Neither a tobacco product manufacturer nor brand family shall be included or retained in the directory if the Attorney General concludes, in the case of a nonparticipating manufacturer, that:
(1) Any escrow payment required pursuant to Chapter 13 of this title for any period for any brand family, whether or not listed by such nonparticipating manufacturer, has not been fully paid into a qualified escrow fund governed by a qualified escrow agreement that has been approved by the Attorney General; or (2) Any outstanding final judgment, including interest thereon, for a violation of Chapter 13 of this title has not been fully satisfied for such brand family or such manufacturer. (d) The Attorney General shall update the directory as necessary in order to correct mistakes and to add or remove tobacco product manufacturers or brand families to keep the directory in conformity with the requirements ofthis chapter. (e) Every distributor shall provide and update as necessary an e-mail address to the Attorney General for the purpose of receiving any notifications as may be required by this chapter.
10-13A-5. It shall be unlawful for any person to affix a tax stamp to a package or other container of cigarettes of a tobacco product manufacturer or brand family not included in the directory or to sell, offer for sale, or possess with intent to sell, in this state, cigarettes of a tobacco product manufacturer or brand family not included in the directory.

834______GENERAL ACTS AND RESOLUTIONS, VOL. I________
10-13A-6. (a) Any nonresident or foreign nonparticipating manufacturer that has not registered to do business in this state as a foreign corporation or business entity shall, as a condition precedent to having its brand families included or retained in the directory, appoint and continually engage without interruption the services of an agent in this state as required by Code Section 48-11-5 to act as agent for the service of process on whom all process and any action or proceeding against it concerning or arising out of the enforcement of this chapter may be served in any manner authorized by law. Such service shall constitute legal and valid service of process on the nonparticipating manufacturer. The nonparticipating manufacturer shall provide the name, address, phone number, and proof of the appointment and availability of such agent to the satisfaction of the commissioner and Attorney General. (b) The nonparticipating manufacturer shall provide notice to the commissioner and Attorney General 30 calendar days prior to termination of the authority of an agent and shall further provide proof to the satisfaction of the Attorney General of the appointment of a new agent no less than five calendar days prior to the termination of an existing agent appointment. In the event an agent terminates an agency appointment, the nonparticipating manufacturer shall notify the commissioner and Attorney General of said termination within five calendar days and shall include proof to the satisfaction of the Attorney General of the appointment of a new agent. (c) Any nonparticipating manufacturer whose cigarettes are sold in this state who has not appointed and engaged an agent as required in this Code section shall be deemed to have appointed the Secretary of State as such agent and may be proceeded against in courts of this state by service of process upon the Secretary of State; provided, however, that the appointment of the Secretary of State as such agent shall not satisfy the condition precedent for having the brand families of the nonparticipating manufacturer included or retained in the directory. (d) The Attorney General shall update the directory as necessary in order to correct mistakes and to add or remove a tobacco product manufacturer or brand family to keep the directory in conformity with the requirements of this chapter. The Attorney General shall post in the directory and transmit by e-mail or other practicable means to each notice of any removal from the directory of a tobacco product manufacturer or brand family at least 30 days prior to removal from the directory of such tobacco product manufacturer or brand family. Unless otherwise provided by agreement between the wholesaler and a tobacco product manufacturer, the wholesaler shall be entitled to a refund from a tobacco product manufacturer for any money paid by the wholesaler to the tobacco product manufacturer for any cigarettes of the tobacco product manufacturer in the possession of the wholesaler on the effective date of removal from the directory, or as subsequently received from a retail dealer as provided in this chapter, of products of that tobacco product manufacturer or brand family of cigarettes. Unless otherwise provided by agreement between a retail dealer and the wholesaler or a tobacco product manufacturer, a retail dealer shall be entitled to

_____________GEORGIA LAWS 2003 SESSION___________835
a refund from the wholesaler or a tobacco product manufacturer for any money paid by the retail dealer to the wholesaler or such tobacco product manufacturer for any cigarettes of the tobacco product manufacturer still in the possession of the retail dealer on the effective date of removal from the directory of that tobacco product manufacturer or brand family.
10-13A-7. (a) Not later than 20 calendar days after the end of each calendar quarter, and more frequently if so directed by the Attorney General, each distributor shall submit such information as the Attorney General requires to facilitate compliance with this chapter, including, but not limited to, a list by brand family of the total number of cigarettes, or, in the case of'roll-your-own,' the equivalent count, for which the distributor affixed tax stamps during the previous calendar quarter or otherwise paid the tax due for such cigarettes. The distributor shall maintain and make available to the Attorney General all invoices and documentation of sales of all nonparticipating manufacturer cigarettes and any other information relied upon in reporting to the Attorney General for a period of five years. (b) The commissioner is authorized to disclose to the Attorney General any information received under this chapter and requested by the Attorney General for purposes of determining compliance with and enforcing the provisions of this chapter. The commissioner and Attorney General shall share with each other the information received under this chapter and may share such information with other federal, state, or local agencies only for purposes of enforcement of this chapter or the corresponding laws of other states. (c) The Attorney General may require at any time from the nonparticipating manufacturer proof from the financial institution in which such manufacturer has established a qualified escrow fund for the purpose of compliance with Chapter 13 of this title of the amount of money in such fund, exclusive of interest, the amount and date of each deposit to such fund, and the amount and date of each withdrawal from such fund. (d) In addition to the information required to be submitted pursuant to this chapter, the Attorney General may require a distributor or tobacco product manufacturer to submit any additional information including, but not limited to, samples of the packaging or labeling of each brand family, as is necessary to enable the Attorney General to determine whether a tobacco product manufacturer is in compliance with this chapter. (e) To promote compliance with this chapter, the Attorney General may promulgate regulations requiring a tobacco product manufacturer subject to the requirements of subsection (c) of Code Section 10-13A-3 to make the annual escrow deposits required during the year in which the sales covered by such deposits are made. The Attorney General may require production of information sufficient to enable the Attorney General to determine the adequacy of the amount of the installment deposit.

836_____GENERAL ACTS AND RESOLUTIONS, VOL. I_______
10-13A-8. (a) In addition to or in lieu of any other civil or criminal remedy provided by law, upon a determination that a distributor has violated Code Section 10-13 A-5 or any regulation adopted pursuant to this chapter, the commissioner may revoke or suspend the license of the distributor in the manner provided by Code Section 48-11-6. Each tax stamp affixed and each sale or offer to sell cigarettes in violation of Code Section 10-13 A-5 shall constitute a separate violation. For each violation, the commissioner may also impose a civil penalty in an amount not to exceed the greater of 500 percent of the retail value of the cigarettes or $5,000.00 upon a determination of a violation of Code Section 10-13A-5 or any regulations adopted pursuant thereto. Such penalty shall be imposed in the manner provided in subsection (c) of Code Section 48-11-24. (b) Any cigarettes that have been sold, offered for sale, or possessed for sale in this state in violation of Code Section 10-13 A-5 shall be deemed contraband under Code Section 48-11-9 and such cigarettes shall be subject to seizure and forfeiture as provided in such Code section. (c) The Attorney General, on behalf of the commissioner, may seek an injunction to restrain a threatened or actual violation of Code Section 10-13 A-5 or of subsection (a) or (d) of Code Section 10-13 A-7 by a distributor and to compel the distributor to comply with said Code section or either such subsection. In any action brought pursuant to this Code section, the state shall be entitled to recover the costs of investigation, costs of the action, and reasonable attorney fees. (d) It shall be unlawful for a person to sell or distribute cigarettes or to acquire, hold, own, possess, transport, import, or cause to be imported cigarettes that the person knows or should know are intended for distribution or sale in this state in violation of Code Section 10-13A-5. Any person who violates this subsection shall be guilty of a misdemeanor. (e) A violation of Code Section 10-13A-5 shall constitute an unfair and deceptive act or practice under Part 2 of Article 15 of Chapter 1 of this title, the 'Fair Business Practices Act of 1975.'
10-13A-9. (a) A determination of the Attorney General to not include or to remove from the directory a brand family or tobacco product manufacturer shall be subject to review in the manner prescribed by Article 1 of Chapter 13 of Title 50, known as the 'Georgia Administrative Procedure Act.' (b) No person shall be issued a license or granted a renewal of a license under Chapter 11 of Title 48 to act as a distributor unless such person has certified in writing that such person will comply fully with this chapter. (c) The first report of distributors required by subsection (a) of Code Section 10-13A-7 shall be due 30 calendar days after July 1, 2003, the certifications by a tobacco product manufacturer described in subsection (a) of Code Section 10-13A-3 shall be due 45 calendar days after such date, and the directory described in Code Section 10-13 A-4 shall be published or made available within 90 calendar days after such date.

_____________GEORGIA LAWS 2003 SESSION___________837
(d) The Attorney General may promulgate rules and regulations necessary to effect the purposes of this chapter. (e) In any action brought by the state to enforce this chapter, the state shall be entitled to recover the costs of investigation, expert witness fees, costs of the action, and reasonable attorney fees. (f) If a court of competent jurisdiction finds that the provisions of this chapter and of Chapter 13 of this title conflict and cannot be harmonized, then such provisions of Chapter 13 of this title shall control. If any section, subsection, subdivision, paragraph, sentence, clause, or phrase of this chapter causes Chapter 13 of this title to no longer constitute a qualifying or model statute, as those terms are defined in the Master Settlement Agreement, then that portion of this chapter shall not be valid. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this chapter is for any reason held to be invalid, unlawful, or unconstitutional, such decision shall not affect the validity of the remaining portions of this chapter or any part thereof."
SECTION 2. Chapter 11 of Title 48 of the Official Code of Georgia Annotated, relating to cigar and cigarette taxes, is amended by striking subsections (a) and (b) of Code Section 48-11-8, relating to prohibition of sale of unstamped cigarettes, in its entirety and inserting in lieu thereof the following:
"(a)(l) No person shall sell, offer for sale, or possess with intent to sell any cigarettes in this state when the cigarette container does not bear the tax stamps required by Code Section 48-11-3. (2) No person shall sell, offer for sale, or possess with intent to sell in this state any cigars or little cigars upon which the tax has not been paid under the alternate method of collecting the taxes provided in Code Section 48-11-3 or which do not bear tax stamps. (3) No person shall sell, offer for sale, or possess with intent to sell cigarettes as prohibited by Code Section 10-13A-5. (b) Each distributor at the location for which his or her license is issued and in the manner specified by the commissioner shall affix the stamps required by this Code section to each individual package of cigarettes sold or distributed by him or her, except as prohibited by Code Section 10-13A-5. Each distributor shall comply with the commissioner's regulations for the payment of the tax on cigars as provided in Code Section 48-11-3 or shall affix to each container of cigars sold by him or her or from which he or she sells cigars the stamps required by this chapter. The stamps may be affixed or the tax under the alternate method may be paid by a distributor at any time before the cigars or cigarettes are transferred out of his or her possession."
SECTION 3. Said chapter is further amended by striking paragraph (1) of subsection (a) of Code Section 48-11-9, relating to the seizure of cigarettes as contraband, in its entirety and inserting in lieu thereof the following:

838______GENERAL ACTS AND RESOLUTIONS, VOL. I_________
"(a)(l) Any cigars or cigarettes found at any place in this state without stamps affixed to them as required by this chapter and any cigarettes seized pursuant to subsection (b) of Code Section 10-13A-8 are declared to be contraband articles and may be seized by the commissioner, his or her agents or employees, or any peace officer of this state when directed by the commissioner to do so."
SECTION 4. Said chapter is further amended by striking subsection (b) of Code Section 48-11-23.1, relating to additional requirements on the sale of cigarettes, in its entirety and inserting in lieu thereof the following:
"(b) No tax stamp may be affixed to, or made upon, any package of cigarettes if: (1) The package differs in any respect with the requirements of the Federal Cigarette Labeling and Advertising Act, 15 U.S.C. Sec. 1331, et seq., for the placement of labels, warnings, or any other information upon a package of cigarettes that is to be sold within the United States; (2) The package is labeled 'For Export Only,' 'U.S. Tax Exempt,' 'For Use Outside U.S.,' or similar wording indicating that the manufacturer did not intend that the product be sold in the United States; (3) The package, or a package containing individually stamped packages, has been altered by adding or deleting the wording, labels, or warnings described in paragraph (1) or (2) of this subsection; (4) The package has been imported into the United States after January 1, 2000, in violation of 26 U.S.C. Sec. 5754; (5) The package in any way violates federal trademark or copyright laws; or (6) The package in any way violates Code Section 10-13A-5."
SECTION 5. All laws and parts of laws in conflict with this Act are repealed.
Approved June 4, 2003.
AGRICULTURE - DEPARTMENT OF AGRICULTURE; PENALTIES.
No. 374 (Senate Bill No. 14).
AN ACT
To amend Chapter 2 of Title 2 of the Official Code of Georgia Annotated, relating to the Department of Agriculture, so as to change certain provisions relating to authorized imposition of penalties in lieu of other actions in proceedings before the

_____________GEORGIA LAWS 2003 SESSION___________839
Commissioner; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Chapter 2 of Title 2 of the Official Code of Georgia Annotated, relating to the Department of Agriculture, is amended by striking Code Section 2-2-10, relating to authorized imposition of penalties in lieu of other actions in proceedings before the Commissioner, and inserting in lieu thereof the following:
"2-2-10. (a) In any proceeding before the Commissioner involving a license, certificate, or registration issued by the Commissioner or a violation of the laws administered and enforced by the Commissioner and the rules and regulations promulgated thereunder, after notice, hearing, and a determination by him or her as provided by law that there are sufficient grounds to revoke, suspend, or cancel the license, certificate, or registration involved or to take any other action authorized by law in regard to the violation in question, the Commissioner may impose a reasonable penalty for each offense in lieu of a revocation, suspension, cancellation, or other authorized action. Except as provided in subsection (b) of this Code section, such a penalty shall be imposed only with the consent of the affected party; and except as provided in subsection (b) of this Code section, the amount of any such penalty shall not exceed $1,000.00. (b) In any case subject to this Code section which involves a violation or attempted violation of the 'Georgia Food Act,' Article 2 of Chapter 2 of Title 26, the maximum penalty shall not exceed the greater of $1,000.00 or the amount of gain realized or sought to be realized through such violation, but in no event shall such penalty exceed $20,000.00; and in any case involving a violation or attempted violation of the 'Georgia Food Act,' the written consent of the person against whom the penalty is to be imposed shall not be required."
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 June 4, 2003.

840______GENERAL ACTS AND RESOLUTIONS, VOL. I_________
PENAL INSTITUTIONS - GEORGIA CRIME INFORMATION CENTER; FIRST OFFENDER RECORDS.
No. 375 (Senate Bill No. 22).
AN ACT
To amend Chapter 3 of Title 35 and Chapter 8 of Title 42 of the Official Code of Georgia Annotated, relating, respectively, to the Georgia Bureau of Investigation and probation, so as to authorize the Georgia Crime Information Center to provide records related to prosecution of certain first offenders if the person who is the subject of the inquiry has applied for employment caring for minor children or elderly, mentally ill, or mentally retarded persons and was prosecuted for one of a list of specified offenses; to provide that certain persons discharged without adjudication of guilt after probation or confinement may be denied employment caring for minor children or elderly, mentally ill, or mentally retarded persons if prosecuted for one of a list of specified offenses; to change provisions relating to records submitted to the center; 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 35 of the Official Code of Georgia Annotated, relating to the Georgia Bureau of Investigation, is amended in Code Section 35-3-34, relating to disclosure of criminal records to private persons and businesses by the Georgia Crime Information Center, by striking subparagraph (a)(l)(B) and inserting in lieu thereof the following:
"(B) The center may not provide records of arrests, charges, and sentences for crimes relating to first offenders pursuant to Article 3 of Chapter 8 of Title 42 in cases where offenders have been exonerated and discharged without court adjudications of guilt, except as specifically authorized by Code Section 35-3-34.1 or other law; and".
SECTION 2. Said chapter is further amended in Code Section 35-3-35, relating to disclosure of criminal records to public agencies or political subdivisions by the Georgia Crime Information Center, by striking subparagraph (a)( 1)(B) and inserting in lieu thereof the following:
"(B) The center may not provide records of arrests, charges, or sentences for crimes relating to first offenders pursuant to Article 3 of Chapter 8 of Title 42 in cases where offenders have been exonerated and discharged without court adjudications of guilt, except as specifically authorized by Code Section 35-3-34.1 or other law; and".

_____________GEORGIA LAWS 2003 SESSION___________841
SECTION 3. Said chapter is further amended by inserting a new Code section to be designated Code Section 35-3-34.1 to read as follows:
"35-3-34.1.
Where an offender has been exonerated and discharged without court adjudication of guilt pursuant to Article 3 of Chapter 8 of Title 42, the center is authorized to provide the first offender's record of arrests, charges, or sentences if:
(1) The offender was exonerated and discharged without a court adjudication of guilt on or after July 1, 2004; and either (2) The request for information is an inquiry about a person who has applied for employment with a public school, private school, child welfare agency, or a person or entity that provides day care for minor children or after school care for minor children and the person who is the subject of the inquiry to the center was prosecuted for the offense of child molestation, sexual battery, enticing a child for indecent purposes, sexual exploitation of a child, pimping, pandering, or incest; (3) The request for information is an inquiry about a person who has applied for employment with a nursing home, personal care home, or a person or entity that offers day care for elderly persons and the person who is the subject of the inquiry to the center was prosecuted for the offense of sexual battery, incest, pimping, pandering, or a violation of Code Section 30-5-8; or (4) The request for information is an inquiry about a person who has applied for employment with a facility as defined in Code Section 37-3-1 or 37-4-2 that provides services to persons who are mentally ill as defined in Code Section 37-3-1 or mentally retarded as defined in Code Section 37-4-2, and the person who is the subject of the inquiry to the center was prosecuted for the offense of sexual battery, incest, pimping, or pandering."
SECTION 3A. Said chapter is further amended in Code Section 33-3-36, relating to duties of state criminal justice agencies as to submission of fingerprints, photographs, and other identifying data to the Georgia Crime Information Center, by striking subsection (e) in its entirety and inserting in lieu thereof the following:
"(e) All persons in charge of law enforcement agencies shall submit to the center detailed descriptions of arrest warrants and related identifying data for all felonies and for the misdemeanors and violations designated in subparagraph (a)(l)(A) of Code Section 35-3-33 immediately upon determination of the fact that the warrant cannot be served for the reasons stated. If any such warrant is subsequently served or withdrawn, the law enforcement agency concerned must immediately notify the center of the service or withdrawal. In addition, the agency concerned must annually, no later than January 31 of each year, and at other times if requested by the center confirm to the center all such arrest warrants of this type which continue to be outstanding."

842______GENERAL ACTS AND RESOLUTIONS, VOL. I_________
SECTION 4. Chapter 8 of Title 42 of the Official Code of Georgia Annotated, relating to probation, is amended in Code Section 42-8-62, relating to discharge without adjudication of guilt for certain offenders confined or placed on probation as first offenders, by striking subsection (a) and inserting in lieu thereof the following:
"(a) Upon fulfillment of the terms of probation, upon release by the court prior to the termination of the period thereof, or upon release from confinement, the defendant shall be discharged without court adjudication of guilt. Except for the registration requirements under the state sexual offender registry and except as otherwise provided in Code Section 42-8-63.1, the discharge shall completely exonerate the defendant of any criminal purpose and shall not affect any of his or her civil rights or liberties; and the defendant shall not be considered to have a criminal conviction. It shall be the duty of the clerk of court to enter on the criminal docket and all other records of the court pertaining thereto the following:
'Discharge filed completely exonerates the defendant of any criminal purpose and shall not affect any of his or her civil rights or liberties, except for registration requirements under the state sexual offender registry and except with regard to employment providing care for minor children or elderlypersons as specified in Code Section 42-8-63.1; and the defendant shall not be considered to have a criminal conviction. O.C.G.A. 42-8-62.' Such entry shall be written or stamped in red ink, dated, and signed by the person making such entry or, if the docket or record is maintained using computer print-outs, microfilm, or similar means, such entry shall be underscored, boldface, or made in a similar conspicuous manner and shall be dated and include the name of the person making such entry. The criminal file, docket books, criminal minutes and final record, and all other records of the court relating to the offense of a defendant who has been discharged without court adjudication of guilt pursuant to this subsection shall not be altered as a result of that discharge, except for the entry of discharge thereon required by this subsection, nor shall the contents thereof be expunged or destroyed as a result of that discharge."
SECTION 5. Said chapter is further amended by inserting a new Code section to read as follows:
"42-8-63.1.
A discharge under this article may be used to disqualify a person for employment if:
(1) The offender was discharged under this article on or after July 1,2004; and either (2) The employment is with a public school, private school, child welfare agency, or a person or entity that provides day care for minor children or after school care for minor children and the defendant was discharged under this article after prosecution for the offense of child molestation, sexual battery, enticing a child for indecent purposes, sexual exploitation of a child, pimping, pandering, or incest;

____________GEORGIA LAWS 2003 SESSION__________843
(3) The employment is with a nursing home, personal care home, or a person or entity that offers day care for elderly persons and the defendant was discharged under this article after prosecution for the offense of sexual battery, incest, pimping, pandering, or a violation of Code Section 30-5-8; or (4) The request for information is an inquiry about a person who has applied for employment with a facility as defined in Code Section 37-3-1 or 37'-4-2 that provides services to persons who are mentally ill as defined in Code Section 37-3-1 or mentally retarded as defined in Code Section 37-4-2, and the person who is the subject of the inquiry to the center was prosecuted for the offense of sexual battery, incest, pimping, or pandering."
SECTION 6. This Act shall become effective on July 1, 2004, except that Section 3A shall become effective on July 1, 2003.
SECTION 7. All laws and parts of laws in conflict with this Act are repealed.
Approved June 4, 2003.
BANKING AND FINANCE - DEPARTMENT OF BANKING AND FINANCE; POWERS, DUTIES, AND AUTHORITY; REVISIONS.
No. 376 (Senate Bill No. 78).
AN ACT
To amend Title 7 of the Official Code of Georgia Annotated, relating to banking and finance, so as to provide for the use of a collection agency to collect fees owed to the state; to provide for the disclosure of a bank's examination information to its holding company; to provide for changes in dissolution proceedings; to enable a bank or trust company to organize as a limited liability company; to provide for minimum capital stock requirements for established banks and trust companies; to require compliance with minimum age laws for mergers; to authorize all banks to operate automated teller machines statewide; to provide for certain changes in preferred shares of credit unions; to provide for certain definitions related to the sale of checks; to provide for a license to sell checks to include a license for the business ofmoney transmission; to make changes in the requirements for licenses to transmit money; to make changes in the bonding requirements for licenses; to provide for examination by the Department of Banking and Finance of businesses selling checks or transmitting money; to establish record-keeping requirements; to provide for cease and desist orders for unlicensed businesses; to condition the exemption

844______GENERAL ACTS AND RESOLUTIONS, VOL. I_________
of certain employees from licensing requirements for mortgage lenders and brokers; to change the financial requirements for licensing and registration; to prohibit certain officers from conducting mortgage business after suspension or revocation of a license; to make changes in the information provided to the public related to licensees or registrants; to provide for enforcement for violation of the "Georgia Fair Lending Act"; to provide for enforcement of an order of the department; to provide for cease and desist orders for bond cancellation and for the rescinding of such orders upon bond reinstatement; to require the payment of fees established by the department as a condition to organize, own, or control a credit card bank; 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 7 of the Official Code of Georgia Annotated, relating to banking and finance, is amended by striking Code Section 7-1 -43, relating to disposition of fees collected and payment of expenses from appropriations, and inserting in its place the following:
"7-1-43. Fees prescribed by this chapter shall be collected by the department and deposited with the Office of Treasury and Fiscal Services. The department may, at its discretion, remit such amounts net of the cost of recovery, which cost may include fees paid to a collection agency or attorney for recovery of moneys due the department. All of the expenses incurred in connection with the conduct of the business of the department shall be paid out of the appropriations of funds to the department by the General Assembly. Such expenses shall include all expenses incurred as travel expenses by personnel of the department when away from their official station as assigned by the commissioner."
SECTION 2. Said title is further amended by striking paragraph (5) of subsection (b) of Code Section 7-1-70, relating to disclosure of information, and inserting in its place the following:
"(5) Made to any officer, attorney, or director of the involved financial institution, made to any officer, attorney, or director of the involved financial institution's holding company, or with the written consent of said financial institution or holding company;".
SECTION 3. Said title is further amended by striking subsection (e) of Code Section 7-1-115, relating to winding up voluntary dissolution proceedings, and inserting in its place the following:
"(e) During the course of dissolution proceedings, the financial institution shall make such reports as the department may require and shall continue to be subject to the provisions of this chapter concerning examinations and investigations of

_____________GEORGIA LAWS 2003 SESSION___________845
financial institutions. Furthermore, during the course of a voluntary dissolution, the financial institution with the written permission of the department may elect to use provisions of Article 14 of Chapter 2 of Title 14 that are not in conflict with this chapter."
SECTION 4. Said title is further amended by adding following Code Section 7-1-390, relating to incorporators, a new Code Section 7-1-390.1 to read as follows:
"7-1-390.1. (a) Subject to the requirements and restrictions of this chapter including, but not limited to, deposit insurance requirements where applicable, a bank or trust company may organize as a limited liability company pursuant to Chapter 11 of Title 14. (b) The department shall have the authority to promulgate rules and regulations in accordance with Code Section 7-1-3 specifying the conditions under which a bank or trust company may organize as a limited liability company. (c) To the extent the provisions of Chapter 11 of Title 14 are consistent with and not in conflict with the provisions of this chapter and the rules and regulations of the department, such provisions shall apply to a bank or trust company that has organized as a limited liability company."
SECTION 5. Said title is further amended by striking Code Section 7-1-410, relating to minimum capital stock, and inserting in its place the following:
"7-1-410. (a) Except as provided in subsections (b) and (c) of this Code section, the minimum capital stock of a de novo bank or trust company shall be $3 million. An established bank or trust company no longer in de novo status shall maintain a minimum capital stock of $3 million or such greater amount as the department may require based on a proportion of capital to total assets. (b) A de novo bank or trust company whose main office is located in a county with a population of less than 200,000, according to the last official United States census, shall have a minimum capital stock of $2 million. An established bank or trust company located in such county shall maintain a minimum capital stock of $2 million or such greater amount as the department may require based on a proportion of capital to total assets. (c) A bank or trust company existing on July 1, 1989, with a capital stock of less than that required by subsections (a) and (b) of this Code section shall not be required to increase its capital stock above the amount outstanding on July 1, 1989, except as otherwise provided by law."
SECTION 6. Said title is further amended by striking subsection (a) of Code Section 7-1-530, relating to authority to merge or consolidate, merger or consolidation across state

846_____GENERAL ACTS AND RESOLUTIONS, VOL. I_______
lines, and required provisions of the merger plan, and inserting in its place the following:
"(a) Upon compliance with the requirements of this part and other applicable laws and regulations, including any branching and minimum age laws and regulations, one or more banks or trust companies may merge or consolidate, provided that an institution exercising trust powers alone may merge or consolidate only with another such trust company."
SECTION 7. Said title is further amended by striking paragraph (1) of subsection (c) of Code Section 7-1-603, relating to extension of existing banking locations, automated teller machines, cash dispensing machines, point-of-sale terminals, and other extensions, and inserting in its place the following:
"(1) Any Georgia state bank or credit union may operate automated teller machines throughout the state. Any bank not otherwise doing a lawful banking business in this state may operate automated teller machines throughout this state, provided such automated teller machines are unstaffed and not combined with a staffed facility. These machines may be operated individually by any bank or jointly on a cost-sharing basis by two or more banks or other financial institutions;".
SECTION 8. Said title is further amended by striking paragraphs (4), (5), (6), (7), (8), and (9) of subsection (c) of Code Section 7-1-652, relating to joint, minor, and trust shares and deposits and preferred capital base shares, and inserting in their respective places the following:
"(4) Such shares may have a preference on the payment of dividends and interest up to 2 percent over the dividend rate paid to members on regular shares and deposits or such higher rates as approved by the credit union members and the department. Any such preference shall be fixed at the time of issuance of the shares; (5) Such shares shall be subordinate to claims of depositors and other creditors in the event of liquidation of the credit union but shall rank ahead of the claims of regular shares."
SECTION 9. Said title is further amended by striking Code Section 7-1-680, relating to definitions, and inserting in its place the following:
"7-1-680. (a) As used in this article, the term or terms:
(1) 'Check' means any check, money order, or any other instrument, order, or device for the payment or transmission of money or monetary value, whether or not it is a negotiable instrument under the terms of Article 3 of Title 11, relating to negotiable instruments. The term does not include a credit card

_____________GEORGIA LAWS 2003 SESSION___________847
voucher, letter of credit, or any other instrument that is redeemable by the issuer in goods or services. (2) 'Licensee' means a person duly licensed by the department pursuant to this article. (3) 'Monetary value' means a medium of exchange whether or not redeemable in money. (4) 'Money transmission' means engaging in the business of receiving money for transmission or transmitting money within the United States or to locations abroad by any and all means including, but not limited to, an order, wire, facsimile, or electronic transfer. (5) 'Sale' and 'selling' mean the passing of title from the seller or his or her agent to a holder or remitter for a price or an agreement to transfer money or monetary value for a price, (b) Other statutory definitions applying to this article are: (1) 'Delivery' as defined in paragraph (14) of Code Section 11-1-201. (2) 'Issue' as defined in paragraph (a) of Code Section 11-3-105. (3) 'Sale of checks' or 'issuance of checks' shall include money transmission. (4) 'Signed' as defined in paragraph (39) of Code Section 11-1-201."
SECTION 10. Said title is further amended by striking Code Section 7-1-681, relating to license required, and inserting in its place the following:
"7-1-681. No person or corporation, other than a bank or trust company, a credit union, a savings and loan association, or a savings bank, whether state or federally chartered, the authorized agent of a licensee, or the United States Postal Service shall engage in the business of selling or issuing checks without having first obtained a license under this article. This restriction applies to any nonresident person or corporation that engages in this state in the business of selling or issuing checks through a branch, subsidiary, affiliate, or agent in this state. A license for the sale of checks or money orders shall also qualify as a license for the business of money transmission."
SECTION 11. Said title is further amended by striking Code Section 7-1-682, relating to qualifications of licensees, investments required, and obtaining conviction data, and inserting in its place the following:
"7-1-682. (a) In order to qualify for a license under this article, an applicant shall:
(1) Satisfy the department that it is financially sound and responsible and appears able to conduct the business of selling checks in an honest and efficient manner and with confidence and trust of the community; and (2) Comply with the bonding requirements, furnish the statements, and pay the fees prescribed in this article. In the case of a money transmitter, the department may in its discretion require only a bond.

GENERAL ACTS AND RESOLUTIONS, VOL. I
(b) In addition to the qualifications set forth in subsection (a) of this Code section, the department may require a licensee to maintain investments having an aggregate market value at least equal to the amount of outstanding checks issued or sold, or for money transmitters, equal to the outstanding orders to transmit but not yet paid for by the licensee pursuant to this article. The department may promulgate regulations establishing those investments which shall be deemed permissible investments for the purpose of complying with this subsection. Permissible investments, even if commingled with other assets of the licensee, shall be deemed by operation of law to be held in trust for the benefit of the purchasers and holders of the licensee's outstanding checks in the event of bankruptcy of the licensee. (c) The department shall not issue such license if it finds that the applicant or any person who is a director, officer, partner, agent, employee, or substantial stockholder of the applicant has been convicted of a felony involving moral turpitude in any jurisdiction or of a crime, which if committed within this state would constitute a felony involving moral turpitude under the laws of this state. For the purposes of this article, a person shall be deemed to have been convicted of a crime if such person shall have pleaded guilty to a charge thereof before a court or federal magistrate or shall have been found guilty thereofby the decision or judgment of a court or federal magistrate or by the verdict of a jury, irrespective of the pronouncement of sentence or the suspension thereof, unless such plea of guilty or such decision, judgment, or verdict shall have been set aside, reversed, or otherwise abrogated by lawful judicial process or unless the person convicted of the crime shall have received a pardon therefor from the President of the United States or the governor or other pardoning authority in the jurisdiction where the conviction was had, or shall have received a certificate of good conduct granted by the State Board of Pardons and Paroles pursuant to the provisions of the executive law to remove the disability under this article because of such conviction. The term 'substantial stockholder' as used in this subsection shall be deemed to refer to a person owning or controlling 10 percent or more of the total outstanding stock of the corporation in which such person is a stockholder. (d) The department shall be authorized to obtain conviction data with respect to any applicant or any person who is a director, officer, partner, agent, employee, or ultimate equitable owner of 10 percent or more of the applicant. Upon receipt of information from the Georgia Crime Information Center that is incomplete or that indicates an applicant or any person who is a director, officer, partner, agent, employee, or ultimate equitable owner of 10 percent or more of the applicant has a criminal record in a state other than Georgia, the department shall submit to the Georgia Crime Information Center two complete sets of fingerprints of such applicant or such person, the required records search fees, and such other information as may be required. Upon receipt thereof, the Georgia Crime Information Center shall promptly transmit one set of fingerprints to the Federal Bureau of Investigation for a search of bureau records and an appropriate report and shall retain the other set and promptly conduct a search of its own records

_____________GEORGIA LAWS 2003 SESSION___________849
and records to which it has access. The Georgia Crime Information Center shall notify the department in writing of any derogatory finding, including, but not limited to, any conviction data regarding the fingerprint records check, or if there is no such finding. All conviction data received by the department shall be used by the department for the exclusive purpose of carrying out its responsibilities under this article, shall not be a public record, shall be privileged, and shall not be disclosed to any other person or agency except to any person or agency which otherwise has a legal right to inspect the file. All such records shall be maintained by the department pursuant to laws regarding such records and the rules and regulations of the Federal Bureau of Investigation and the Georgia Crime Information Center, as applicable. As used in this subsection, 'conviction data' means a record of a finding, verdict, or plea of guilty or a plea of nolo contendere with regard to any crime, regardless of whether an appeal of the conviction has been sought."
SECTION 12. Said title is further amended by striking subsection (b) of Code Section 7-1-683, relating to license application, fee, bonding, and alternative deposit of assets, and inserting in its place the following:
"(b) The application shall be filed together with: (1) An investigation and supervision fee established by regulation of the department, which shall not be refundable but which, if the license is granted, shall satisfy the fee requirement for the first license year or the remaining part thereof; and (2) A corporate surety bond issued by a bonding company or insurance company authorized to do business in this state and approved by the department. The bond for check sellers shall be in the principal sum of $ 100,000.00, and the bond for money transmitters shall be in the principal sum of $50,000.00, and in an additional principal sum of $5,000.00 for each location, in excess of one, at or through which the applicant proposes to engage in this state in the business of selling or issuing checks, until the principal sum shall aggregate $250,000.00, provided that the department may require additional coverage for the adequate protection of check holders if the average daily balances outstanding or, for money transmitters, if the outstanding orders to transmit not yet paid for by the licensee, exceed $250,000.00 at intervals during the year as required by regulations. If required by the department the additional coverage shall be limited to $1,250,000.00 or the average daily balances or orders outstanding in the State of Georgia for the preceding year, whichever is lesser. The bond shall be in a form satisfactory to the department and shall run to the State of Georgia for the benefit of any check holders against the licensee or his or her agents. The condition of the bond shall be that the licensee will pay any and all moneys that may become due and owing any creditor of or claimant against the licensee arising out of the licensee's business of selling or issuing checks in this state, whether through its own act or the acts of an agent. The aggregate liability of the surety in no event shall

850______GENERAL ACTS AND RESOLUTIONS, VOL. I_________
exceed the principal sum of the bond. Claimants against the licensee may themselves bring an action directly on the bond. The liability arising under this paragraph shall be limited to the receipt, handling, transmission, and payment of money arising out of the licensee's business of selling or issuing checks in this state."
SECTION 13. Said title is further amended by adding following Code Section 7-1-684, relating to investigation of applicants, granting of licenses, and single license for issuer and subsidiary seller, a new Code Section 7-1-684.1 to read as follows:
"7-1-684.1.
(a) To assure compliance with the provisions of this article and in consideration of any application to renew a license pursuant to the provisions of Code Section 7-1-685, the department or its designated agent may examine the books and records of any licensee to the same extent as it is authorized to examine financial institutions under this chapter. Each licensee shall pay an examination fee as established by regulations of the department to cover the cost of such examination. The on-site examination may be conducted in conjunction with examinations to be performed by representatives of agencies of another state. The commissioner, in lieu of an on-site examination, may accept the examination report of an agency of another state or a report prepared by an independent accounting firm and reports so accepted shall be considered for all purposes as an official report of the commissioner. If the department determines, based on the records submitted to the department and past history of operations in the state, that an on-site examination is unnecessary then the on-site examination may be waived by the department. (b) The commissioner may:
(1) Request financial data from a licensee in addition to that required under this article; and (2) Conduct an on-site examination of a licensee, agent, or location of a licensee within this state without prior notice to the agent or licensee if the commissioner has a reasonable basis to believe that the licensee or agent is not in compliance with this article. The agent or licensee shall pay all reasonably incurred costs of the examination when the commissioner examines an agent's operations."
SECTION 14. Said title is further amended by adding following Code Section 7-1-687, relating to agents of licensees, a new Code Section 7-1-687.1 to read as follows:
"7-1-687.1.
(a) Each licensee shall make, keep, and reserve the following books, accounts, and other records for a period of three years:
(1) A record of each check sold; (2) A general ledger which shall be posted at least monthly containing all assets, liabilities, capital, and income and expense accounts;

_____________GEORGIA LAWS 2003 SESSION___________851
(3) Settlement sheets received from agents; (4) Bank statements and bank reconciliation records; (5) Records of outstanding checks; (6) Records of each check paid; and (7) A list of the names and addresses of all of the licensee's agents. (b) Records required to be made, kept, and reserved pursuant to subsection (a) of this Code section may be maintained in a photographic, electronic, or other similar form. (c) Records required to be made, kept, and reserved pursuant to subsection (a) of this Code section may be maintained at a location outside the state so long as such records are made accessible to the commissioner within ten days of the date of a written notice by the commissioner to the licensee."
SECTION 15. Said title is further amended by adding following Code Section 7-1-689, relating to denial, suspension, and revocation of license or designation of agent, a new Code Section 7-1-689.1 to read as follows:
"7-1-689.1.
(a) Whenever it shall appear to the department that any person required to be licensed or registered under this article has violated any law of this state or any order or regulation of the department or is operating without a required license, the department may issue an initial written order requiring such person to cease and desist immediately from such unauthorized practices. Such cease and desist order shall be final 20 days after it is issued unless the person to whom it is issued makes a written request for a hearing within such 20 day period. The hearing shall be conducted in accordance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' A cease and desist order issued to an unlicensed person that orders such person to cease doing business without the appropriate license shall be final 30 days from the date of issuance and there shall be no opportunity for an administrative hearing. If the proper license or evidence of exemption for the time period cited in the order is obtained within the 30 day period, the order shall be rescinded by the department. (b) Whenever a person required to be licensed under this article shall fail to comply with the terms of an order of the department which has been properly issued under the circumstances, the department may, through the Attorney General and upon notice of three days to such person, petition the principal court for an order directing such person to obey the order of the department within the period of time as shall be fixed by the court. Upon the filing of such petition the court shall allow a motion to show cause why it should not be granted. After a hearing upon the merits or after failure of such person to appear when ordered, the court shall grant the petition of the department upon a finding that the order of the department was properly issued. (c) Any person required to be licensed under this article who violates the terms of any order issued pursuant to this Code section shall be liable for a civil penalty not to exceed SI,000.00. Each day the violation continues shall constitute a

852_______GENERAL ACTS AND RESOLUTIONS, VOL. I_________
separate offense. In determining the amount of a penalty, the department shall take into account the appropriateness of the penalty relative to the size of the financial resources of such person, the good faith efforts of such person to comply with the order, the gravity of the violation, the history of previous violations by such person, and such other factors or circumstances as shall have contributed to the violation. The department may at its discretion compromise, modify, or refund any penalty which is subject to being imposed or has been imposed pursuant to this Code section. Any person assessed pursuant to this subsection shall have the right to request a hearing into the matter within ten days after notification of the assessment has been served upon the licensee involved; otherwise, such penalty shall be final except as to judicial review as provided in Code Section 7-1-90. (d) Initial judicial review of a decision of the department entered pursuant to this Code section shall be available solely in the superior court of the county of domicile of the department. (e) For purposes of this Code section, the term 'person' includes any officer, director, employee, agent, or other person participating in the conduct of the affairs of the person subject to the orders issued pursuant to this Code section. (f) In addition to any other administrative penalties authorized by this article, the department may by regulation prescribe administrative fines for violations of this article and of any rules promulgated by the department pursuant to this article."
SECTION 16. Said title is further amended by striking paragraph (11) of Code Section 7-1 -1001, relating to exemption for certain persons and entities and registration requirements, and inserting in its place the following:
"(11) A natural person employed by a licensed mortgage broker, a licensed mortgage lender, or any person exempted from the licensing requirements of this article when acting within the scope of employment and under the supervision of the licensee or exempted person as an employee and not as an independent contractor. To be exempt, a natural person must be employed by only one such employer and must be at all times eligible for employment in compliance with the provisions and prohibitions of Code Section 7-1-1004;".
SECTION 17. Said title is further amended by striking Code Section 7-1-1002, relating to prohibited transaction of business without a license, registration, or exemption, prohibited knowing purchase of mortgage loan from unlicensed or nonexempt broker or lender, and liability of persons controlling violators, and inserting in its place the following:
"7-1-1002. (a) On and after July 1, 1993, it is prohibited for any person to transact business in this state directly or indirectly as a mortgage broker or a mortgage lender unless such person:

_____________GEORGIA LAWS 2003 SESSION___________853
(1) Is licensed or registered as such by the department; (2) Is a person exempted from the licensing or registration requirements pursuant to Code Section 7-1-1001; or (3) In the case of an employee of a mortgage broker or mortgage lender, such person has qualified to be relieved of the necessity for a license under the employee exemption in paragraph (11) of Code Section 7-1-1001. (b) On and after July 1, 1995, it is prohibited for any person, as defined in Code Section 7-1-1000, including a corporation but not including any natural person who purchases five or fewer mortgage loans in any one calendar year solely as an investment and who is not in the business of brokering, making, purchasing, or servicing mortgage loans, knowingly to purchase, sell, or transfer one or more mortgage loans or loan applications from or to a mortgage broker or mortgage lender who is neither licensed nor exempt from the licensing or registration provisions of this article. Such a purchase shall not affect the obligation of the borrower under the terms of the mortgage loan. The department shall provide for distribution or availability of information regarding approved or revoked licenses. (c) On or after July 1, 1996, every person who directly or indirectly controls a person who violates subsection (a) or (b) of this Code section, every general partner, executive officer, joint venturer, or director of such person, and every person occupying a similar status or performing similar functions as such person violates with and to the same extent as such person, unless the person whose violation arises under this subsection sustains the burden of proof that he or she did not know and, in the exercise of reasonable care, could not have known of the existence of the facts by reason of which the original violation is alleged to exist."
SECTION 18. Said title is further amended by striking subsections (a) and (b) of Code Section 7-1-1003.2, relating to financial requirements for licensing and registration, and inserting in their respective places the following:
"(a) Each licensed mortgage broker must provide the department with a bond. The bond for a mortgage broker shall be in the principal sum of $50,000.00 or such greater sum as the department may require and the bond shall meet the other requirements of subparagraph (c)(2)(B) of this Code section. In lieu of a bond, a mortgage broker may:
(1) Provide the department with an audited financial statement that discloses that the broker has a bona fide and verifiable tangible net worth of $100,000.00; or (2) Provide the department with evidence from the United States Department of Housing and Urban Development that the broker is a loan correspondent under Title I, Title II, or Title I and Title II for each year the broker is licensed by the department. Such requirement shall be continuous in nature. (b) Except as otherwise provided in subsection (c) of this Code section, the department shall not license or register any mortgage lender unless the applicant or registrant provides the department with a bond. The bond for a mortgage lender shall be in the principal sum of $150,000.00 or such greater sum as the

854______GENERAL ACTS AND RESOLUTIONS, VOL. I_______
department may require and which bond shall meet the other requirements of subparagraph (c)(2)(B) of this Code section. In lieu of bond a lender may provide the department with an audited financial statement covering the most recent fiscal year preceding the date of the application or registration and such other financial data as the department may require that disclose that the applicant or registrant has a bona fide and verifiable tangible net worth of $250,000.00 or such greater amount as the department may reasonably require, which net worth must be continuously maintained as a condition of licensure or registration."
SECTION 19. Said title is further amended by striking subsection (h) of Code Section 7-1-1004, relating to investigation of applicant and its officers, audit, education, experience, and other requirements relative to licensees and registrants, and inserting in its place the following:
"(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, or ultimate equitable owner of 10 percent or more or person who directs the company's affairs or who establishes policy of the applicant has been in one or more of these roles at a mortgage lender, broker, or registrant whose license has been denied, revoked, or suspended within three years of the date of the application."
SECTION 20. Said title is further amended by striking subsection (f) of Code Section 7-1-1009, relating to maintenance of books, accounts, and records, investigation and examination of licensees and registrants by department, confidentiality, and exemptions from civil liberty, and inserting in its place the following:
"(f) Examinations and investigations conducted under this article and information obtained by the department in the course of its duties under this article are confidential, except as provided in this subsection, pursuant to the provisions of Code Section 7-1-70. In addition to the exceptions set forth in subsection (b) of Code Section 7-1-70 and in paragraphs (3) and (4) of subsection (c) of this Code section, the department is authorized to share information obtained under this article with other state and federal regulatory agencies or law enforcement authorities. In the case of such sharing, the safeguards to confidentiality already in place within such agencies or authorities shall be deemed adequate. The commissioner or an examiner specifically designated may disclose such limited information as is necessary to conduct a civil or administrative investigation or proceeding. The department shall compile information on the number of written complaints received on all licensees. Beginning August 1, 2001, and at least annually thereafter, the department shall disclose to the public the number of such complaints together with the number of Georgia residential mortgage loans made during the same period. In preparing the disclosure, the department shall be authorized to rely upon the number of mortgage loans reported to it in the mortgage license renewal application. Information contained in the records of

_____________GEORGIA LAWS 2003 SESSION___________855
the department which is not confidential and may be made available to the public either on the department's website or upon receipt by the department of a written request shall include:
(1) The name, business address, and telephone, fax, and license numbers of a licensee or registrant; (2) The names and titles of the principal officers; (3) The name of the owner or owners thereof; (4) The business address of a licensee's or registrant's agent for service; and (5) The terms of or a copy of any bond filed by a licensee or registrant."
SECTION 21. Said title is further amended by striking paragraph (1) of subsection (a) of Code Section 7-1-1017, relating to suspension or revocation of licenses, notice, judicial review, and effect on preexisting contract, and inserting in its place a new paragraph (1) of subsection (a) and at the end of said Code section a new subsection (g) to read as follows:
"(a)(l) The department may suspend or revoke an original or renewal license or registration on any ground on which it might refuse to issue an original license or registration or for a violation of any provision of this article or of Chapter 6A of this title or any rule or regulation issued under this article or under Chapter 6A of this title, including failure to provide fees on a timely basis, or for failure of the licensee or registrant to pay, within 30 days after it becomes final, a judgment recovered in any court within this state by a claimant or creditor in an action arising out of the licensee's or registrant's business in this state as a mortgage lender or mortgage broker." "(g) Whenever a person subject to an order of the department fails to comply with the terms of such order which has been properly issued, the department upon notice of three days to such person may, through the Attorney General, petition the principal court for an order directing such person to obey the order of the department within the period of time fixed by the court. Upon the filing of such petition the court shall allow a motion to show cause why such motion should not be granted. Whenever, after a hearing upon the merits or after failure of such person to appear when ordered, it shall appear that the order of the department was properly issued, the court shall grant the petition of the department."
SECTION 22. Said title is further amended by striking subsection (a) of Code Section 7-1-1018, relating to cease and desist orders, enforcement procedure, civil penalty, and fines, and inserting in its place the following:
"(a) Whenever it shall appear to the department that any person required to be licensed or registered or required to file a notification statement under this article or employed by a licensee or registrant pursuant to Code Section 7-1-1001 or who would be covered by the prohibitions in Code Section 7-1-1013 has violated any law of this state or any order or regulation of the department, the department may issue an initial written order requiring such person to cease and desist

856______GENERAL ACTS AND RESOLUTIONS, VOL. I_________
immediately from such unauthorized practices. Such cease and desist order shall be final 20 days after it is issued unless the person to whom it is issued makes a written request within such 20 day period for a hearing. The hearing shall be conducted in accordance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' A cease and desist order to an unlicensed person that orders them to cease doing a mortgage business without the appropriate license shall be final 30 days from the date of issuance, and there shall be no opportunity for an administrative hearing. If the proper license or evidence of exemption or valid employment status during the time of the alleged offense is delivered to the department within the 30 day period, the order shall be rescinded by the department. If a cease and desist order is issued to a person who has been sent a notice of bond cancellation and if the bond is reinstated or replaced and such documentation is delivered to the department within the 30 day period following the date of issuance of the order, the order shall be rescinded. If the notice of reinstatement of bond is not received within the 30 days, the license shall expire at the end of the 30 day period and the person shall be required to make a new application for license and pay the applicable fees. In the case of an unlawful purchase of mortgage loans, such initial cease and desist order to a purchaser shall constitute the knowledge required under subsection (b) of Code Section 7-1-1002 for any subsequent violations."
SECTION 23. Said title is further amended by striking paragraph (2) of Code Section 7-5-3, relating to organization of credit card banks, and inserting in its place the following:
"(2) In connection with the application to organize, or to own and control a credit card bank, the applicant shall pay applicable fees established by regulation of the department to defray the cost of the investigation and review of the application;".
SECTION 24. All laws and parts of laws in conflict with this Act are repealed.
Approved June 4, 2003.
COURTS - JUVENILE PROCEEDINGS; CHILD SUPPORT; DEPRIVED CHILD.
No. 377 (Senate Bill No. 80).
AN ACT
To amend Article 1 of Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile court proceedings, so as to provide juvenile court

_____________GEORGIA LAWS 2003 SESSION___________857
jurisdiction to order temporary child support for a deprived child; to provide for matters related to payment of child support and custody; to change and reorganize provisions relating to allegedly deprived children; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAE ASSEMBLY OF GEORGIA:
SECTION 1. Article 1 of Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile court proceedings, is amended by striking subsection (c) of Code Section 15-11-28, relating to jurisdiction of juvenile court, and inserting in lieu thereof the following:
"(c) Custody and support jurisdiction. (1) Where custody is the subject of controversy, except in those cases where the law gives the superior courts exclusive jurisdiction, in the consideration of these cases the juvenile court shall have concurrent jurisdiction to hear and determine the issue of custody and support when the issue is transferred by proper order of the superior court. (2)(A) In any case where a child is alleged to be a deprived child as defined in paragraph (8) of Code Section 15-11-2, the juvenile court upon a finding of deprivation shall have jurisdiction to order temporary child support for such child to be paid by that person or those persons determined to be legally obligated to support such child. In determining such temporary child support, the juvenile court shall apply the child support guidelines provided in Code Section 19-6-15. Where there is an existing order of a superior court or other court of competent jurisdiction setting child support for the child, the juvenile court may order the child support obligor in the existing order to make such payments instead to the caretaker of the child on a temporary basis but shall not otherwise modify the terms of the existing order. A copy of the juvenile court's order shall be filed in the clerk's office of the court that entered the existing order. The juvenile court shall have jurisdiction to order temporary child support for the child to be paid by any other person determined to be legally obligated to support such child. (B) Temporary child support orders entered pursuant to subparagraph (A) of this paragraph shall be enforceable by the juvenile court through the contempt powers of the juvenile court as provided in Code Section 15-11-5 so long as the juvenile court is entitled to exercise jurisdiction over the deprivation case."
SECTION 2. Said article is further amended by striking subsection (b) of Code Section 15-11-30.1, relating to appointment of guardian and transfer of custody and child support questions from superior court, and inserting in lieu thereof the following:
"(b) Other courts, in handling divorce, alimony, habeas corpus, or other cases involving the custody of a child or children, may transfer the question of the

858______GENERAL ACTS AND RESOLUTIONS, VOL. I_________
determination of custody, support, or custody and support to the juvenile court for investigation and a report back to the superior court or for investigation and determination. If the referral is for investigation and determination, then the juvenile court shall proceed to handle the matter in the same manner as though the action originated under this article in compliance with the order of the superior court. At any time prior to the determination of any such question, the juvenile court may transfer the jurisdiction of the question back to the referring superior court."
SECTION 3. Said article is further amended by inserting a new Code section to follow Code Section 15-11-58, relating to family reunification, reports and plans, custody orders, duration of orders, review of determinations, hearings, and supplemental orders, to read as follows:
"15-11-58.1. (a) Except as otherwise provided by law, an 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 adjudicated as deprived reaches 18 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 4. All laws and parts of laws in conflict with this Act are repealed.
Approved June 4, 2003.

_____________GEORGIA LAWS 2003 SESSION___________859
LOCAL GOVERNMENT TRANSFER OF DEVELOPMENT RIGHTS.
No. 378 (Senate Bill No. 86).
AN ACT
To amend Chapter 66A of Title 36 of the Official Code of Georgia Annotated, relating to transfer of development rights, so as to define certain terms; to revise procedures relative to the creation of the transfer of development rights within or between political subdivisions; 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 66A of Title 36 of the Official Code of Georgia Annotated, relating to transfer of development rights, is amended by striking Code Section 36-66A-1, relating to definitions, and Code Section 36-66A-2, relating to procedures, methods, and standards, and inserting in their place new Code Sections 3 6-66A-1 and 36-66A-2 to read as follows:
"36-66A-1. As used in this chapter, the term:
(1) 'Development rights' means the maximum development that would be allowed on the sending property under any general or specific plan and local zoning ordinance of a municipality or county in effect on the date the municipality or county adopts an ordinance pursuant to this chapter. Development rights may be calculated and allocated in accordance with factors including dwelling units, area, floor area, floor area ration, height limitations, traffic generation, or any other criteria that will quantify a value for the development rights in a manner that will carry out the objectives of this Code section. (2) 'Person' means any natural person, corporation, partnership, trust, foundation, nonprofit agency, or other legal entity. (3) 'Receiving area' means an area identified by an ordinance as an area authorized to receive development rights transferred from a sending area. (4) 'Receiving property' means a lot or parcel within which development rights are increased pursuant to a transfer of development rights. Receiving property shall be appropriate and suitable for development and shall be sufficient to accommodate the transferable development rights of the sending property without substantial adverse environmental, economic, or social impact to the receiving property or to neighboring property. (5) 'Sending area' means an area identified by an ordinance as an area from which development rights are authorized to be transferred to a receiving area.

860______GENERAL ACTS AND RESOLUTIONS, VOL. I______
(6) 'Sending property' means a lot or parcel with special characteristics, including farm land; woodland; desert land; mountain land; a flood plain; natural habitats; wetlands; groundwater recharge area; marsh hammocks; recreation areas or parkland, including golf course areas; or land that has unique aesthetic, architectural, or historic value that a municipality or county desires to protect from future development. (7) Transfer of development rights' means the process by which development rights from a sending property are affixed to one or more receiving properties.
36-66A-2. (a) Pursuant to the provisions of this Code section, the governing body of any municipality or county by ordinance may, in order to conserve and promote the public health, safety, and general welfare, establish procedures, methods, and standards for the transfer of development rights within its jurisdiction. (b) Any proposed transfer of development rights shall be subject to the approval and consent of the property owners of both the sending and receiving property. (c) Prior to any transfer of development rights, a municipality or county shall adopt an ordinance providing for:
(1) The issuance and recordation of the instruments necessary to sever development rights from the sending property and to affix development rights to the receiving property. These instruments shall be executed by the affected property owners and lienholders; (2) The preservation of the character of the sending property and assurance that the prohibitions against the use and development of the sending property shall bind the landowner and every successor in interest to the landowner; (3) The severance of transferable development rights from the sending property and the delayed transfer of development rights to a receiving property; (4) The purchase, sale, exchange, or other conveyance of transferable development rights prior to the rights being affixed to a receiving property; (5) A system for monitoring the severance, ownership, assignment, and transfer of transferable development rights; (6) The right of a municipality or county to purchase development rights and to hold them for conservation purposes or resale; (7) The right of a person to purchase development rights and to hold them for conservation purposes or resale; (8) Development rights made transferable pursuant to this Code section shall be interests in real property and shall be considered as such for purposes of conveyancing and taxation. Once a deed of transferable development rights created pursuant to this Code section has been sold, conveyed, or otherwise transferred by the owner of the parcel from which the development rights were derived, the transfer of development rights shall vest in the grantee and become freely alienable. For the purposes of ad valorem real property taxation, the value of a transferable development right shall be deemed appurtenant to the sending property until the transferable development right is registered as a distinct interest in real property with the appropriate tax assessor or the

____________GEORGIA LAWS 2003 SESSION__________861
transferable development right is used at a receiving property and becomes appurtenant thereto; (9) A map or other description of areas designated as sending and receiving areas for the transfer of development rights between properties; and (10) Such other provisions as the municipality or county deems necessary to aid in the implementation of the provisions of this chapter. (d)(l) Prior to the enactment of an ordinance as provided in subsection (c) of this Code section, the local governing authority shall provide for a hearing on the proposed ordinance. At least 15 but not more than 45 days prior to the date of the hearing, the local governing authority shall cause to be published in a newspaper of general circulation within the territorial boundaries of the political subdivision a notice of the hearing. The notice shall state the time, place, and purpose of the hearing. (2) Prior to any changes in an area designated in an ordinance as a sending or receiving area, the local governing authority shall provide for notice and a hearing as provided in paragraph (1) of this subsection. (e) Proposed transfers of development rights shall become effective upon the recording of the conveyance with the appropriate deed-recording authorities and the filing of a certified copy of such recording with the local governing authority of each political subdivision in which a sending or receiving area is located in whole or in part. (f) Municipalities and counties which are jointly affected by development are authorized to enter in to intergovernmental agreements for the purpose of enacting interdependent ordinances providing for the transfer of development rights between or among such jurisdictions, provided that such agreements otherwise comply with applicable laws. Any ordinances enacted pursuant to this subsection may provide for additional notice and hearing and signage requirements applicable to properties within the sending and receiving areas in each participating political subdivision."
SECTION 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 June 4, 2003.

862______GENERAL ACTS AND RESOLUTIONS, VOL. I_________

' LOCAL GOVERNMENT - WAR ON TERRORISM LOCAL ASSISTANCE ACT; PUBLIC SAFETY AND JUDICIAL FACILITIES AUTHORITIES.

No. 379 (Senate Bill No. 87).

AN ACT

To amend Title 36 of the Official Code of Georgia Annotated, relating to local government, so as provide a short title; to provide a statement of constitutional authority and intent; to provide for exemption from taxation; to define certain terms; to create in each county and municipal corporation a public safety and judicial facilities authority; to provide for activation in certain circumstances; to provide for joint authorities; to provide for the appointment and terms of members of the board of directors; to provide for officers, compensation, the adoption of bylaws and regulations, and delegation of powers; to provide for a quorum and majority vote; to provide for powers of the authority; to provide for obligations of the authority, the use of proceeds, the status as revenue obligations, subsequent series of bonds or notes, bond anticipation notes, and interest rates; to provide for validation; to provide that indebtedness of the authority shall not constitute indebtedness of the state or any political subdivision of the state; to provide for construction; to change the definition of "undertaking" with regard to revenue bonds; to remove the referendum requirement with respect to revenue certificates issued for gas generation and distribution systems; to provide for matters relative to the foregoing; to provide an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Title 36 of the Official Code of Georgia Annotated, relating to local government, is amended by inserting immediately following Chapter 74 a new chapter to read as follows:

36-75-1.

"CHAPTER 75

This Act shall be known and may be cited as the 'War on Terrorism Local Assistance Act.'

36-75-2.
This chapter is enacted pursuant to authority granted to the General Assembly by the Constitution of Georgia. Each authority created by this chapter is created for nonprofit and public purposes; and it is found, determined, and declared that the creation of each such authority and the carrying out of its corporate purposes is in all respects for the benefit of the people of this state and that the authority is

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an institution of purely public charity and will be performing an essential governmental function in the exercise of the power conferred upon it by this chapter. For such reasons, the state covenants the holders of the bonds issued under this chapter that such authority shall be required to pay no taxes or assessments imposed by the state or any of its counties, municipal corporations, political subdivisions, or taxing districts upon any property acquired by the authority or under its jurisdiction, control, possession, or supervision or leased by it to others; or upon its activities in the operation or maintenance of any such property or on any income derived by the authority in the form of fees, recording fees, rentals, charges, purchase price, installments, or otherwise; and that the bonds of such authority, their transfer, and the income therefrom shall at all times be exempt from taxation within the state. The tax 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.
36-75-3.
As used in this chapter, the term: (1) 'Authority' means each public corporation created pursuant to this chapter. (2) 'Cost of project' means all costs of site preparation and other start-up costs; all costs of construction; all costs of real and personal property required for the purposes of the project and facilities related thereto, including land and any rights or undivided interest therein, easements, franchises, fees, permits, approvals, licenses, and certificates and the securing of such permits, approvals, licenses, and certificates, and all machinery and equipment, including motor vehicles which are used for project functions; financing charges and interest prior to and during construction and during such additional period as the authority may reasonably determine to be necessary for the placing ofthe project in operation; costs ofengineering, architectural, and legal services; cost of plans and specifications and all expenses necessary or incident to determining the feasibility or practicability of the project; administrative expenses; and such other expenses as may be necessary or incidental to the financing authorized in this chapter. The costs of any project may also include funds for the creation of a debt service reserve, a renewal and replacement reserve, and such other reserves as may be reasonably required by the authority for the operation of its projects and as may be authorized by any bond resolution or trust agreement or indenture pursuant to the provisions of which the issuance of any such bonds may be authorized. 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 or notes issued under this chapter for such project. (3) 'County' means any county of this state or a governmental entity formed by the consolidation of a county and one or more municipal corporations. (4) 'Detention facilities' means facilities used or to be used for the incarceration of adult and juvenile offenders and juveniles subject to the jurisdiction of the juvenile court and administration and support structures for such facilities.

864______GENERAL ACTS AND RESOLUTIONS, VOL. I_________
(5) 'Governing body' means the elected or duly appointed officials constituting the governing body of each county and municipal corporation in the state. (6) 'Judicial facilities' means facilities used or to be used for the administration of justice and related activities, including all adult and juvenile courts, prosecutorial and public defender services, and their respective administrative and support structures. (7) 'Municipal corporation' means any incorporated municipality in this state. (8) 'Project' means the acquisition, construction, equipping, operation, maintenance, and repairing of county or municipal corporation judicial, detention, or public safety facilities. (9) 'Public safety facilities' means facilities used or to be used by or in direct support of management and operation of homeland security, police, fire, rescue, and emergency medical services.
36-75-4.
(a) There is created in and for each county and municipal corporation in this state a public body corporate and politic, to be known as the 'public safety and judicial facilities authority' of such county. No authority shall transact any business or exercise any powers under this chapter until the governing body of the county or municipal corporation, as the case may be, by proper ordinance or resolution, declares that there is a need for an authority to function in the county or municipal corporation and declares that such jurisdiction is at the time of such ordinance or resolution imposing a sales tax levied for the purposes of a metropolitan area system of public transportation. (b) Any number of counties or municipal corporations or a combination of counties and municipal corporations may jointly form an authority, to be known as the 'joint public safety and judicial facilities authority' for such counties or municipal corporations or both. No authority shall transact any business or exercise any powers under this chapter until the governing authority of each county and municipal corporation involved declare, by ordinance or resolution, that there is a need for an authority to function and declare that such jurisdiction is at the time of such ordinance or resolution imposing a sales tax levied for the purposes of a metropolitan area system of public transportation and until the governing authority of each county and municipal corporation approves an agreement with the other counties or municipal corporations for the activation of an authority and such agreement is executed. (c) A copy of such ordinances, resolutions, and agreements shall be filed with the Secretary of State, who shall maintain a record of all authorities activated under this chapter.
36-75-5.
Control and management of the authority shall be vested in a board of directors whose members shall be residents of the county or municipal corporation, as applicable. Directors shall be appointed, and may be reappointed, for terms of four years. The resolution or ordinance activating the authority shall state the

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number of directors and the appointing authority for each. No member of the governing authority of a county or municipal corporation that activates an authority is eligible to be appointed as a director while serving a term of office as a member of the governing authority of such county or municipal corporation. The directors shall elect one of their members as chairperson and another as vice chairperson and shall also elect a secretary and a treasurer or a secretary-treasurer, either of whom may be a director. The directors shall receive no compensation for their services but shall be reimbursed for their actual expenses incurred in the performance of their duties. The directors may make bylaws and regulations for the governing of the authority and may delegate to one or more of the officers, agents, and employees of the authority such powers and duties as may be deemed necessary and proper.
36-75-6.
A majority of the directors shall constitute a quorum for the transaction of business of the authority. However, any action with respect to any project of the authority must be approved by the affirmative vote of a majority of the directors.
36-75-7.
Each authority shall have all of the powers necessary or convenient to carry out and effectuate the purposes and provisions of this chapter, including, but without limiting the generality of the foregoing, the power:
(1) To bring and defend actions; (2) To adopt and amend a corporate seal; (3) To acquire, construct, improve, or modify, to place into operation, and to operate or cause to be placed into operation, either as owner of all or of any part in common with others, a project or projects within the political subdivision in which the authority is activated and within other political subdivisions, and to pay all or part of the cost of any such project or projects from the proceeds of revenue bonds of the authority or from any contribution or loans by persons, firms, or corporations or any other contribution, all of which the authority is authorized to receive, accept, and use; (4) To acquire, in its own name, by purchase on such terms and conditions and in such manner as it may deem proper or by gift, grant, lease, or otherwise, real property or rights and easements therein and franchises and personal property necessary or convenient for its corporate purposes, which purposes shall include, but shall not be limited to, the constructing or acquiring of a project, the improving, extending, adding to, reconstructing, renovating, or remodeling of any project or part thereof already constructed or acquired, or demolition to make room for such project or any part thereof, and to insure the same against any and all risks as such insurance may, from time to time, be available; the authority may also use such property, rent or lease the same to or from others, make contracts with respect to the use thereof, or sell, lease, exchange, transfer, assign, pledge, or otherwise dispose of or grant options for any such property in any manner which the authority deems to the best advantage of

866______GENERAL ACTS AND RESOLUTIONS, VOL. I_________
itself and its purposes; provided, however, that the powers to acquire, use, and dispose of property as set forth in this paragraph shall include the power to acquire, use, and dispose of any interest in such property, whether divided or undivided, which acquisition may result in the ownership of such property or any part thereof in common with any other party or parties, public or private; and title to any such property of the authority, however, shall be held by the authority exclusively for the benefit of the public; (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 acquired or constructed; provided that all private persons, firms, and corporations, this state, and all political subdivisions, departments, instrumentalities, or agencies ofthe state or of local government 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 counties and municipal corporations and to the authority to enter into contracts, lease agreements, or other undertakings relative to the furnishing of project activities and facilities or either of them by the authority to such political subdivisions and by such political subdivisions to the authority for a term not exceeding 50 years; (6) To exercise any one or more of the powers, rights, and privileges conferred by this Code section either alone or jointly or in common with one or more other public or private parties or public and private parties; in any such exercise of such powers, rights, and privileges jointly or in common with others with respect to the construction, operation, and maintenance of project facilities, the authority may own an undivided interest in such facilities with any other party with which it may jointly or in common exercise the rights and privileges conferred by this chapter; the authority may enter into an agreement or agreements with respect to any such project facility with the other party or parties participating therein; any such agreement may contain such terms, conditions, and provisions, consistent with this chapter, as the parties thereto shall deem to be in their best interests; any such agreement may include, but need not be limited to, provisions for the construction, operation, and maintenance of such project facility by any one or more party of the parties to such agreement, which party or parties shall be designated in or pursuant to such agreement as agent or agents on behalf of itself and one or more of the other parties thereto, or by such other means as may be determined by the parties thereto, and may include provisions for a method or methods of determining and allocating, among or between the parties, costs of construction, operation, maintenance, renewals, replacements, improvements, and disposals with respect to such facility; in carrying out its functions and activities as such agent with respect to construction, operation, and maintenance of such a facility, such agent shall be governed by the laws and regulations applicable to such agent as a separate legal entity and not by any

___________GEORGIA LAWS 2003 SESSION___________867
laws or regulations which may be applicable to any of the other participating parties; provided, however, the agent shall act for the benefit of the public; notwithstanding anything contained in any other law to the contrary, pursuant to the terms of any such agreement, the authority may delegate its powers and duties with respect to the construction, operation, and maintenance of such facility to the party acting as agent; and all actions taken by such agent in accordance with the provisions of such agreement may be binding upon the authority without further action or approval of the authority; (7) To extend credit or make loans to any person, firm, corporation, or other industrial entity for the planning, design, construction, acquisition, or carrying out of any project, which credit or loans shall be secured by loan agreements, mortgages, security agreements, contracts, and all other instruments or fees or charges, upon such terms and conditions as the authority shall determine reasonable in connection with such loans, including provision for the establishment and maintenance of reserves and insurance funds, and in the exercise of powers granted by this Code section in connection with a project for such person, firm, corporation, or other industrial entity, to require the inclusion in any contract, loan agreement, security agreement, or other instrument of such provisions for guaranty, insurance, construction, use, operation, maintenance, and financing of a project as the authority may deem necessary or desirable; (8) To acquire, accept, or retain equitable interests, security interests, or other interest in any property, real or personal, by mortgage, assignment, security agreement, pledge, conveyance, contract, lien, loan agreement, or other consensual transfer in order to secure the repayment of any moneys loaned or credit extended by the authority; (9) To accept, receive, and administer gifts, grants, appropriations, and donations of money, materials, and property of any kind, including loans and grants from the United States of America, this state, or a unit of local government or any of their agencies, departments, authorities, or instrumentalities upon such terms and conditions as the United States of America, this state, or a unit of local government or any of their agencies, departments, authorities, or instrumentalities shall impose; to administer trusts; and to sell, lease, transfer, convey, appropriate, and pledge any and all of its property and assets; (10) To invest any accumulation of its funds in any fund or reserve in any manner that public funds of this state or its political subdivisions may be invested; (11) To do any and all things necessary or proper 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 Constitution and laws of this state, including the power to employ professional and administrative staff and personnel and to retain legal, engineering, fiscal, accounting, and other professional services; the power to purchase all kinds of insurance, including, without limitation, insurance against

GENERAL ACTS AND RESOLUTIONS, VOL. I
tort liability and against risks of damage to property; the power to borrow money for any of the corporate purposes of the authority; the power to indemnify and hold harmless any parties contracting with the authority or its agents from damage to persons or property; and the power to act as self-insurer with respect to any loss or liability; provided, however, that obligations of the authority other than revenue bonds, for which provision is made in this chapter, shall be payable from the general funds of the authority and shall not be a charge against any special fund allocated to the payment of revenue bonds; (12) To mortgage, convey, pledge, or assign any properties, revenues, income, tolls, charges, or fees owned or received by the authority; (13) To borrow money and issue its revenue bonds and bond anticipation notes from time to time and to use the proceeds thereof for the purpose of paying all or part of the cost of any project, including the cost of extending, adding to, or improving such project, or for the purpose of refunding any such bonds of the authority theretofore issued; and to otherwise carry out the purposes of this chapter and to pay all other costs of the authority incident to, or necessary and appropriate to, such purposes, including the providing of funds to be paid into any fund or funds to secure such bonds and notes, provided that all such bonds and notes shall be issued in accordance with the procedures and subject to the limitations set forth in Code Section 36-63-9; provided, however, that the maximum aggregate amount of bonds issued shall be $50 million; and (14) As security for repayment of authority obligations, to pledge, mortgage, convey, assign, hypothecate, or otherwise encumber any property, real or personal, of such authority and to execute any trust agreement, indenture, or security agreement containing any provisions not in conflict with law, which trust agreement, indenture, or security agreement may provide for foreclosure or forced sale of any property of the authority upon default on such obligations either in payment of principal or interest or in the performance of any term or condition contained in such agreement or indenture; this state, on behalf of itself and each county, municipal corporation, political subdivision, or taxing district therein waives any right which it or such county, municipal corporation, political subdivision, or taxing district may have to prevent the forced sale or foreclosure of any property of the authority so mortgaged or encumbered, and any such mortgage or encumbrance may be foreclosed in accordance with law and the terms thereof.
36-75-8.
(a) Subject to the limitations and procedures provided by this Code section, the obligations of any authority evidenced by bonds, bond anticipation notes, trust indentures, deeds to secure obligations, security agreements, or mortgages executed in connection therewith may contain such provisions not inconsistent with law as shall be determined by the board of directors of the authority. The authority, in such instruments, may provide for the pledging of all or any part of its revenues, income, or charges and for the mortgaging, encumbering, or conveying of all or any part of its real or personal property; may covenant against

_____________GEORGIA LAWS 2003 SESSION___________869
pledging any or all of its revenues, income, or charges; and may further provide for the disposition of proceeds realized from the sale of any bonds and bond anticipation notes, for the replacement of lost, destroyed, stolen, or mutilated bonds and notes, and for the payment and redemption of such bonds and notes. Similarly, subject to the limitations and procedures of this Code section, undertakings of an authority may prescribe the procedure by which bondholders and noteholders may enforce rights against the authority and provide for rights upon breach of any covenant, condition, or obligation of the authority. Bonds, resolutions, trust indentures, mortgages, or deeds to secure obligations executed by an authority and bond anticipation notes executed by an authority may contain such provisions not otherwise contrary to law as the authority shall deem necessary or desirable. (b) The proceeds derived from the sale of all bonds and bond anticipation notes issued by an authority shall be held and used for the ultimate purpose of paying, directly or indirectly as permitted in this chapter, all or part of the cost of any project, including the cost of extending, financing, adding to, or improving such project, or for the purpose of refunding any bond anticipation notes issued in accordance with this chapter or refunding any previously issued bonds of the authority. (c) All bonds and bond anticipation notes issued by an authority shall be revenue obligations of such authority and may be made payable out of any revenues or other receipts, funds, or moneys of the authority, subject only to any agreements with the holders of other bonds or bond anticipation notes or to particular security agreements pledging any particular revenues, receipts, funds, or moneys. (d) Issuance by an authority of one or more series of bonds or bond anticipation notes for one or more purposes shall not preclude it from issuing other bonds or notes in connection with the same project or with any other projects, but the proceeding wherein any subsequent bonds or bond anticipation notes shall be issued shall recognize and protect any prior pledge or mortgage made in any prior security agreement or made for any prior issue of bonds or bond anticipation notes, unless in the resolution authorizing such prior issue the right is expressly reserved to the authority to issue subsequent bonds or bond anticipation notes on a parity with such prior issue. (e) An authority shall have the power and is authorized, whenever revenue bonds of the authority have been validated as provided in this chapter, to issue, from time to time, its notes in anticipation of the issuance of such bonds as validated and to renew from time to time any such notes by the issuance of new notes, whether the notes to be renewed have or have not matured. The authority may issue notes only to provide funds which would otherwise be provided by the issuance of the bonds as validated. The notes may be authorized, sold, executed, and delivered in the same manner as bonds. As with its bonds, the authority may sell such notes at public or private sale. Any resolution or resolutions authorizing notes of the authority or any issue thereof may contain any provisions which the authority is authorized to include in any such resolution or resolutions; and the authority may include in any notes any terms, covenants, or conditions which it

870______GENERAL ACTS AND RESOLUTIONS, VOL. I________
is authorized to include in any bonds. Validation of such bonds shall be a condition precedent to the issuance of the notes, but it shall not be required that such notes be judicially validated. Bond anticipation notes shall not be issued in an amount exceeding the par value of the bonds in anticipation of which they are to be issued. (f) The interest rate on or rates to be borne by any bonds, notes, or other obligations issued by the authority shall be fixed by the board of directors of the authority. Any limitations with respect to interest rates found in Article 3 of Chapter 82 of this title or in the usury laws of this state shall not apply to obligations issued under this chapter. (g) All revenue bonds issued by an authority under this chapter shall be issued and validated under and in accordance with Article 3 of Chapter 82 of this title, except as provided in subsection (f) of this Code section and except as specifically set forth below in this subsection:
(1) Revenue bonds issued by an authority may be in such form, either coupon or fully registered, or both coupon and fully registered, and may be subject to such exchangeability and transferability provisions as the bond resolution authorizing the issuance of such bonds or any indenture or trust agreement may provide; (2) Revenue bonds shall bear a certificate of validation. The signature of the clerk of the superior court of the judicial circuit in which the issuing authority is located may be made on the certificate of validation of such bonds by facsimile or by manual execution, stating the date on which such bonds were validated; and such entry shall be original evidence ofthe fact ofjudgment and shall be received as original evidence in any court in this state; and (3) In lieu of specifying the rate or rates of interest which revenue bonds to be issued by an authority are to bear, the notice to the district attorney or the Attorney General and the notice to the public of the time, place, and date of the validation hearing may state that the bonds, when issued, will bear interest at a rate not exceeding a maximum per annum rate of interest specified in such notices or, in the event the bonds are to bear different rates of interest for different maturity dates, that none of such rates will exceed the maximum rate specified in the notices; provided, however, that nothing contained in this paragraph shall be construed as prohibiting or restricting the right of the authority to sell such bonds at a discount, even if in so doing the effective interest cost resulting therefrom would exceed the maximum per annum interest rate specified in such notices.
36-75-9.
No bonds or other obligations of and no indebtedness incurred by any authority shall constitute an indebtedness or obligation of the State of Georgia or of any county, municipal corporation, or political subdivision thereof, nor shall any act of any authority in any manner constitute or result in the creation of an indebtedness of this state or of any such county, municipal corporation, or political subdivision. All such bonds and obligations shall be payable solely from

____________GEORGIA LAWS 2003 SESSION__________871
the revenues therein pledged to such payment, including pledged rentals, sales proceeds, insurance proceeds, and condemnation awards; and no holder or holders of any such bonds or obligations shall ever have the right to compel any exercise of the taxing power of this state or of any county, municipal corporation, or political subdivision thereof, nor to enforce the payment thereof against any property of the state or of any such county, municipal corporation, or political subdivision.
36-75-10. This chapter shall be liberally construed to effect the purposes hereof. Sale or issuance of bonds by any authority shall not be subject to regulation under Chapter 5 of Title 10, the 'Georgia Securities Law,' or any other law. No proceeding or publication not required in this chapter shall be necessary to the performance of any act authorized in this chapter, nor shall any such act be subject to referendum."
SECTION 2. Said title is further amended by striking division (4)(C)(iv) of Code Section 36-82-61, relating to definitions regarding Article 3 of Chapter 82 of Title 36, the "Revenue Bond Law," and inserting in lieu thereof a new division (4)(C)(iv) to read as follows:
"(iv) Used or useful in connection with buying, constructing, extending, operating, and maintaining gas or electric generating and distribution systems together with all necessary appurtenances thereof; provided, further, any revenue certificates issued to buy, construct, extend, operate, and maintain electric generating and distribution systems shall, before being undertaken, be authorized by a majority of those voting at an election held for the purpose in the county, municipal corporation, or political subdivision affected, the election for such to be held in the same manner as is used in issuing bonds of such county, municipal corporation, or political subdivision and the said elections shall be called and provided for by officers in charge of the fiscal affairs of said county, municipal corporation, or political subdivision affected;"
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 June 4, 2003.

872______GENERAL ACTS AND RESOLUTIONS, VOL. I________
INSURANCE - OFF-LABEL PRESCRIPTION DRUGS; REQUIRED COVERAGE.
No. 380 (Senate Bill No. 96).
AN ACT
To amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to provide a definition; to require health benefit policy coverage for off-label prescription drug use for insureds with life-threatening or chronic and disabling conditions or diseases; to provide definitions; to provide for conditions of coverage; to provide for exclusions; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Title 33 of the Official Code of Georgia Annotated, relating to insurance, is amended by adding a new paragraph (1.1) to Code Section 33-1-2, relating to definitions, to read as follows:
"(1.1) 'Health benefit policy,' 'health benefit plan,' or other similar terms do not include limited benefit insurance policies designed, advertised, and marketed to supplement major medical insurance such as accident only, Champus supplement, dental, disability income, fixed indemnity, long-term care, Medicare supplement, specified disease, vision, and any other type of accident and sickness insurance other than basic hospital expense, basic medical-surgical expense, or major medical insurance."
SECTION 2. Said title is further amended by inserting a new Code Section 33-24-59.11 to read as follows:
"33-24-59.11. (a) As used in this Code section, the term:
(1) 'Chronic and seriously debilitating' means diseases or conditions that cause significant long-term morbidity and that require ongoing treatment to maintain remission or prevent deterioration. (2) 'Health benefit policy' means any individual or group plan, policy, or contract for health care services issued, delivered, issued for delivery, executed, or renewed in this state on or after July 1, 2003, including, but not limited to, those contracts executed by the State of Georgia on behalf of state employees under Article 1 of Chapter 18 of Title 45, by an insurer; provided, however, that 'health benefit policy' shall not include the limited benefit policies as defined in paragraph (4) of subsection (e) of Code Section 33-30-12.

____________GEORGIA LAWS 2003 SESSION___________873
(3) 'Insurer' means any person, corporation, or other entity authorized to provide health benefit policies under this title. (4) 'Life-threatening' means:
(A) Diseases or conditions where the likelihood of death is high unless the course of the disease is interrupted; (B) Diseases or conditions with potentially fatal outcomes, where the end point of clinical intervention is survival; or (C) The natural process of aging shall not be construed as a disease or condition for the purposes of this definition or this Code section. (b) No health benefit policy issued, delivered, or renewed in this state that, as a provision of hospital, medical, or surgical services, directly or indirectly covers prescription drugs shall limit or exclude coverage for a drug on the basis that the drug is prescribed for a use that is different from the use for which that drug has been approved for marketing by the federal Food and Drug Administration, provided that all of the following conditions have been met and subject to the prior authorization process or other restrictions of the insurer: (1) The drug has been approved by the federal Food and Drug Administration; (2)(A) The drug is prescribed by a contracting licensed health care professional for the treatment of a life-threatening disease or condition; (B) The drug is prescribed by a contracting licensed health care professional for the treatment of a chronic and seriously debilitating disease or condition, the drug is medically necessary to treat that disease or condition, and the drug is on the insurer's formulary or preferred drug list, if any; or (C) The drug is prescribed by a contracting licensed health care professional to treat a disease or condition in a child where the drug has been approved by the federal Food and Drug Administration for similar conditions or diseases in adults and the drug is medically necessary to treat that disease or condition; and (3) The drug has been recognized for treatment of that disease or condition or pediatric application by one of the following: (A) The American Medical Association Drug Evaluations; (B) The American Hospital Formulary Service Drug Information; or (C) The United States Pharmacopoeia Dispensing Information, Volume 1, 'Drug Information for the Health Care Professional'; or (D) Two articles from major peer reviewed medical journals that present data supporting the proposed off-label use or uses as generally safe and effective unless there is clear and convincing contradictory evidence presented in a major peer reviewed medical journal. (c) It shall be the responsibility of the contracting prescriber to submit to the insurer documentation supporting compliance with the requirements of subsection (b) of this Code section, if requested by the insurer. (d) Any coverage required by this Code section shall also include medically necessary services associated with the administration of a drug subject to the conditions of the contract.

874______GENERAL ACTS AND RESOLUTIONS, VOL. I_________
(e) The provisions of this Code section shall not be deemed to require coverage for any of the following:
(1) The treatment of a condition or disease that is excluded under the terms of the health benefit policy; (2) An experimental drug not approved for indication by the federal Food and Drug Administration; or (3) Drug treatment by a drug not listed on the health benefit plan formulary or preferred drug list. (f) 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 3. All laws and parts of laws in conflict with this Act are repealed.
Approved June 4, 2003.
REVENUE AND TAXATION - INTANGIBLE TAX EXEMPTIONS; REAL ESTATE TRANSFER TAX; CLERK OF SUPERIOR COURT.
No. 381 (Senate Bill No. 97).
AN ACT
To amend Chapter 6 of Title 48 of the Official Code of Georgia Annotated, relating to intangible taxes, so as to provide that such taxes shall not apply to certain transactions between individuals and related entities; to provide that the person responsible for the collection of the real estate transfer tax, distributions, reporting, and the performance of the other related duties shall be the clerk of the superior court; 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 6 of Title 48 of the Official Code of Georgia Annotated, relating to intangible taxes, is amended by striking Code Section 48-6-2, relating to exemptions, and inserting in its place a new Code section to read as follows:
"48-6-2. (a) The tax imposed by Code Section 48-6-1 shall not apply to:
(1) Any instrument or writing given to secure a debt; (2) Any deed of gift;

____________GEORGIA LAWS 2003 SESSION__________875
(3) Any deed, instrument, or other writing to which any of the following is a party: the United States; this state; any agency, board, commission, department, or political subdivision of either the United States or this state; any public authority; or any nonprofit public corporation; (4) Any lease of lands, tenements, standing timber, or other realty or any lease of any estate, interest, or usufruct in any lands, tenements, standing timber, or other realty; (5) Any transfer of real estate between a husband and wife in connection with a divorce case; (6) Any order for year's support awarding an interest in real property as provided in Code Section 53-5-11 ofthe Tre-1998 Probate Code,' ifapplicable, or Code Section 53-3-11 of the 'Revised Probate Code of 1998'; (7) Any deed issued in lieu of foreclosure if the deed issued in lieu of foreclosure is for a purchase money deed to secure debt that has been in existence and properly executed and recorded for a period of 12 months prior to the recording of the deed in lieu of foreclosure; (7.1) The deed from the debtor to the first transferee at a foreclosure sale; (8) Transfer of property which is acquired as provided in Code Sections 32-3-2 and 32-3-3; (9) Any deed of assent or distribution by an executor, administrator, guardian, trustee, or custodian; any deed or other instrument carrying out the exercise of a power of appointment; and any other instrument transferring real estate to or from a fiduciary; provided, however, that the exemption provided under this paragraph shall apply only if the transfer is without valuable consideration; (10) Any deed, instrument, or other writing which effects a division of real property among joint tenants or tenants in common if the transaction does not involve any consideration other than the division of the property; and
(11)(A) Any deed, instrument, or other writing through which real property is transferred from one or more individual owners to a corporation, partnership, or other entity if the individual owner or owners of the real property also have a majority ownership interest in the corporation, partnership, or other entity to which the property is transferred; or (B) Any deed, instrument, or other writing through which real property is transferred from a corporation, partnership, or other entity to one or more individuals if the individual or individuals to whom the property is transferred also have a majority ownership interest in the corporation, partnership, or other entity by which the property is transferred, (b) In order to exercise any exemption provided in this Code section, the total consideration of the transfer shall be shown."
SECTION 2. Said chapter is further amended by striking Code Section 48-6-4, relating to payment of real estate transfer tax, certification of payment, and recording of deed, in its entirety and inserting in its place a new Code Section 48-6-4 to read as follows:

876______GENERAL ACTS AND RESOLUTIONS, VOL. I_______
"48-6-4.
(a) It is the intent of the General Assembly that the tax imposed by this article be paid to the clerk of the superior court or his or her deputy prior to and as a prerequisite to the filing for record of any deed, instrument, or other writing described in Code Section 48-6-1. (b) No deed, instrument, or other writing described in Code Section 48-6-1 shall be filed for record or recorded in the office of the clerk of the superior court or filed for record or recorded in or on any other official record of this state or of any county until the tax imposed by this article has been paid; provided, however, that any such deed, instrument, or other writing filed or recorded which would otherwise constitute constructive notice shall constitute such notice whether or not such tax was in fact paid. (c) The amount of tax to be paid on a deed, instrument, or other writing shall be determined on the basis of written disclosure of the consideration or value of the interest in the property granted, assigned, transferred, or otherwise conveyed. The disclosure shall be made on a form or in electronic format prescribed by the commissioner and provided by the clerk of the superior court. By the fifteenth day of the month following the month the deed, instrument, or other writing is recorded, a physical or electronic copy of each disclosure shall be forwarded or made available electronically to the state auditor and to the tax commissioner and the board of tax assessors in the county where the deed, instrument, or other writing is recorded. (d) Upon payment of the correct amount of tax, the clerk of the superior court or his or her deputy shall enter upon or attach to the deed, instrument, or other writing a certification of the fact that the tax as imposed by this article has been paid, the date, and the amount of the tax. The certification shall be signed by the clerk or deputy clerk receiving the tax. The certification may also be attested to electronically by the clerk or deputy clerk in such manner as may be prescribed by the commissioner. (e) The certificate entered upon or attached physically or electronically to the deed, instrument, or other writing shall be recorded with the deed, instrument, or other writing and shall be in the physical or electronic form required by the commissioner. In each case, however, the certificate shall bear the signature of the clerk or his or her deputy. The certificate may be relied upon by subsequent purchasers or lenders as evidence that the proper tax has been paid. In the event any deed, instrument, or other writing upon which tax is imposed by this article is required to be recorded in more than one county, the required tax shall be paid to the clerk or his or her deputy of the county in which the deed, instrument, or other writing is first recorded."
SECTION 3. Said chapter is further amended by striking Code Section 48-6-5, relating to the collection of real estate transfer tax and fees, in its entirety and inserting in its place a new Code Section 48-6-5 to read as follows:

_____________GEORGIA LAWS 2003 SESSION___________877
"48-6-5. (a) Each clerk of the superior court shall be responsible for collecting the tax provided in this article. Each clerk may affix certificates to the deeds, instruments, or other writings with respect to which a tax is required to be paid pursuant to this article. Each clerk shall also perform the duties provided in this article. (b) In the performance of the duties imposed by this article, each clerk of the superior court shall be entitled to a fee in addition to all other fees provided by law of 50 for each deed, instrument, or other writing with respect to which a tax is required to be paid as provided in this article and filed for record and recorded in the county in which the clerk of the court holds office. The fee shall be withheld from the funds received in payment of the tax. Fees withheld by a clerk shall be distributed as follows:
(1) In the event the clerk withholding the fees is compensated on a salary basis, the amount of the fees withheld shall be paid into the treasury of the county; or (2) In the event the clerk is not compensated on a salary basis, the amount of the fees withheld shall be retained by the clerk as compensation for the duties performed under this article."
SECTION 4. Said chapter is further amended by striking Code Section 48-6-6, relating to reports of real estate transfer tax, in its entirety and inserting in its place a new Code Section 48-6-6 to read as follows:
"48-6-6. Within 60 days of the end of each calendar year, the clerk of the superior court shall file with the commissioner a report showing the total amount of tax distributed among the state, county, and municipalities during the preceding calendar year."
SECTION 5. Said chapter is further amended by striking Code Section 48-6-8, relating to the distribution of real estate transfer tax, in its entirety and inserting in its place a new Code Section 48-6-8 to read as follows:
"48-6-8. At least once every 30 days, all revenues derived from the tax imposed by this article shall be distributed among the state and municipalities in which the real property is situated and the county in which the real property is situated in the same proportion that revenues derived from the taxes imposed by Article 3 of this chapter are divided. If the real property is situated in more than one county, the appropriate portion of the tax shall be equitably divided among the counties by the clerk of the superior court."
SECTION 6. This Act shall become effective on July 1, 2003.

878______GENERAL ACTS AND RESOLUTIONS, VOL. I
SECTION 7. All laws and parts of laws in conflict with this Act are repealed.
Approved June 4, 2003.
PENAL INSTITUTIONS - CRIMES - SEXUALLY VIOLENT PREDATORS; PROSTITUTION.
No. 382 (Senate Bill No. 101).
AN ACT
To amend Chapter 1 of Title 42 of the Official Code of Georgia Annotated, relating to general provisions, and Code Section 16-6-13 of the Official Code of Georgia Annotated, relating to the penalties for violating Code Sections 16-6-9 through 16-6-12, so as to add certain provisions for the protection of minors; to provide that persons required to register under Code Section 42-1-12 as a result of a conviction of a crime against minors or of sexual violence or as a result of having been declared a sexually violent predator shall not reside within a certain proximity to schools and areas where minors congregate; to provide definitions; to restrict certain civil and criminal liability; to provide for related matters; to provide for penalties; 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 1 of Title 42 of the Official Code of Georgia Annotated, relating to general provisions, is amended by adding a new Code Section 42-1-13 to read as follows:
"42-1-13. (a) As used in this Code section, the term:
(1) 'Area where minors congregate' shall include all public and private parks and recreation facilities, playgrounds, skating rinks, neighborhood centers, gymnasiums, and similar facilities providing programs or services directed towards persons under 18 years of age. (2) 'Child care facility' shall mean all public and private pre-kindergarten facilities, day-care centers, and preschool facilities. (3) 'School' shall mean all public and private kindergarten, elementary, and secondary schools. (b) No individual required to register under Code Section 42-1-12 shall reside within 1,000 feet of any child care facility, school, or area where minors congregate. Such distance shall be determined by measuring from the outer boundary of the property on which the individual resides to the outer boundary

_____________GEORGIA LAWS 2003 SESSION___________879
of the property of the child care facility, school, or area where minors congregate at their closest points. (c) Any person who knowingly fails to comply with the requirements of this Code section shall be guilty of a felony and shall be punished by imprisonment for not less than one nor more than three years. (d) Nothing in this Code section shall create, either directly or indirectly, any civil cause of action against or result in criminal prosecution of any person, firm, corporation, partnership, trust, or association other than an individual required to be registered under Code Section 42-1-12."
SECTION 1.1. Code Section 16-6-13 of the Official Code of Georgia Annotated, relating to the penalties for violating Code Sections 16-6-9 through 16-6-12, is amended by striking subsection (b) and inserting in lieu thereof the following:
"(b) A person convicted of keeping a place of prostitution, pimping, or pandering when such offense involves keeping a place of prostitution for, the pimping for, or the solicitation of a person under the age of 18 years to perform an act of prostitution or the assembly of two or more persons under the age of 18 years at a fixed place for the purpose of being solicited by others to perform an act of prostitution shall be guilty of a felony and shall be punished by imprisonment for a period of not less than five nor more than 20 years and such convicted person shall be fined not less than $2,500.00 nor more than $10,000.00. Adjudication of guilt or imposition of a sentence for a conviction of a second or subsequent offense when such offense involves keeping a place of prostitution for, the pimping for, or pandering of a person under the age of 18 years pursuant to this subsection, including a plea of nolo contendere, shall not be suspended, probated, deferred, or withheld."
SECTION 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 June 4, 2003.

GENERAL ACTS AND RESOEUTIONS, VOL. I
STATE GOVERNMENT - OPEN MEETINGS; OPEN RECORDS; EXCEPTIONS.
No. 383 (Senate Bill No. 113).
AN ACT
To amend Title 50 of the Official Code of Georgia Annotated, relating to state government, so as to change certain provisions relating to government meetings that are not required to be open to the public; to change certain provisions relating to exceptions from the requirements of disclosure of public records; to add certain exceptions from disclosure requirements; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Title 50 of the Official Code of Georgia Annotated, relating to state government, is amended in Code Section 50-14-3, relating to government meetings that are not required to be open to the public, by striking the word "and" at the end of paragraph (7), by replacing the period at the end of paragraph (8) with the symbol and word "; and", and by adding a new paragraph (9) to read as follows:
"(9) Meetings when discussing any records that are exempt from public inspection or disclosure pursuant to paragraph (15) of subsection (a) of Code Section 50-18-72 or when discussing any information a record of which would be exempt from public inspection or disclosure under said paragraph."
SECTION 2. Said title is further amended in subsection (a) of Code Section 50-18-72, relating to exceptions from the requirements ofdisclosure ofpublic records, by striking "or" at the end of paragraph (13.1), by striking the period at the end of paragraph (14) and inserting in lieu thereof"; or", and by adding a new paragraph (15) to read as follows:
"(15)(A) Records, the disclosure of which would compromise security against sabotage or criminal or terrorist acts and the nondisclosure of which is necessary for the protection of life, safety, or public property, which shall be limited to the following:
(i) Security plans and vulnerability assessments for any public utility, technology infrastructure, building, facility, function, or activity in effect at the time of the request for disclosure or pertaining to a plan or assessment in effect at such time; (ii) Any plan for protection against terrorist or other attacks, which plan depends for its effectiveness in whole or in part upon a lack of general public knowledge of its details;

____________GEORGIA LAWS 2003 SESSION__________881
(iii) Any document relating to the existence, nature, location, or function of security devices designed to protect against terrorist or other attacks, which devices depend for their effectiveness in whole or in part upon a lack of general public knowledge; and (iv) Any plan, blueprint, or other material which if made public could compromise security against sabotage, criminal, or terroristic acts. (B) In the event of litigation challenging nondisclosure pursuant to this paragraph by an agency of a document covered by this paragraph, the court may review the documents in question in camera and may condition, in writing, any disclosure upon such measures as the court may find to be necessary to protect against endangerment of life, safety, or public property. (C) As used in divisions (i) and (iv) of subparagraph (A) of this paragraph, the term 'activity' means deployment or surveillance strategies, actions mandated by changes in the federal threat level, motorcades, contingency plans, proposed or alternative motorcade routes, executive and dignitary protection, planned responses to criminal or terrorist actions, after-action reports still in use, proposed or actual plans and responses to bioterrorism, and proposed or actual plans and responses to requesting and receiving the National Pharmacy Stockpile."
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 June 4, 2003.
PROPERTY - COMMERCIAL VEHICLES; REMOVAL AND STORAGE.
No. 384 (Senate Bill No. 121).
AN ACT
To amend Chapter 1 of Title 44 of the Official Code of Georgia Annotated, relating to general provisions of property, so as to provide that the Department of Motor Vehicle Safety shall have the authority to regulate the removal and storage of commercial vehicles from private real property at the request of the private real property owner; to provide for the regulation of fees associated with the removal and storage of commercial vehicles from private real property; to provide that the governing authority of a municipality may license towing and storage firms; to

882______GENERAL ACTS AND RESOLUTIONS, VOL. I________
provide for the regulation of rates and fees for such firms; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Chapter 1 of Title 44 of the Official Code of Georgia Annotated, relating to general provisions of property, is amended by striking subsections (a) and (b) of Code Section 44-1-13, relating to removal of improperly parked cars or trespassing personal property, procedure, automatic surveillance prohibited, and penalty, and inserting in their places the following:
"(a) Any person or his or her authorized agent entitled to the possession of any parcel or space of private real property, hereinafter referred to as 'private property,' shall have the right to remove or cause to be removed from the property any vehicle or trespassing personal property thereon which is not authorized to be at the place where it is found and to store or cause to be stored such vehicle or trespassing personal property, provided that there shall have been conspicuously posted on the private real property notice that any vehicle or trespassing personal property which is not authorized to be at the place where it is found may be removed at the expense of the owner of the vehicle or trespassing personal property. Such notice shall also include information as to the location where the vehicle or personal property can be recovered, the cost of said recovery, and information as to the form of payment; provided, however, that the owner of private residential property containing not more than four residential units shall not be required to comply with the posting requirements of this subsection. Only towing and storage firms issued permits or licenses by the local governing authority of the jurisdiction in which they operate or by the Department of Motor Vehicle Safety, and having a secure impoundment facility, shall be permitted to remove trespassing property and trespassing personal property at the request of the owner or authorized agent of the private property, (b) Except as provided in subsection (d) of this Code section, the Department of Motor Vehicle Safety, hereinafter referred to as the department, shall have the authorization to regulate and control the towing of trespassing vehicles on private property if such towing is performed without the prior consent or authorization of the owner or operator of the vehicle, including the authority to set just and reasonable rates, fares, and charges for services related to the removal, storage, and required notification to owners of such towed vehicles. No storage fees shall be charged for the first 24 hour period which begins at the time the vehicle is removed from the property, and no such fees shall be allowed for the removal and storage of vehicles removed by towing and storage firms found to be in violation of this Code section. The Department of Motor Vehicle Safety is authorized to impose a civil penalty for any violation of this Code section in an amount not to exceed $2,500.00."

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SECTION 2. Said Code section is further amended by striking subsection (d) and inserting in its place the following:
"(d) The governing authority of each municipality having towing and storage firms operating within its territorial boundaries may issue a license or permit to engage in private trespass towing pursuant to this Code section to any firm meeting the qualifications imposed by said governing authority. The fee for the license or permit shall be set by such governing authority. The maximum reasonable costs of removal, relocation, and storage pursuant to the provisions of this Code section shall be compensatory, as such term is used in the public utility rate-making procedures, and shall be established annually by the governing authority of each municipality having towing and storage firms operating within its territorial boundaries; provided, however, that no storage fees shall be charged for the first 24 hour period which begins at the time the vehicle is removed from the property, and no such fees shall be allowed for the removal and storage of vehicles removed by towing and storage firms found to be in violation of this Code section."
SECTION 3. This Act shall become effective on October 1, 2003.
SECTION 4. All laws and parts of laws in conflict with this Act are repealed.
Approved June 4, 2003.
CORPORATIONS - NAME RESERVATION; FILING FEES.
No. 385 (Senate Bill No. 132).
AN ACT
To amend Title 14 of the Official Code of Georgia Annotated, relating to corporations, partnerships, and associations, so as to change certain provisions relating to reservation of names and filing fees for corporations, nonprofit corporations, limited partnerships, and limited liability companies; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

884______GENERAL ACTS AND RESOLUTIONS, VOL. I_______
SECTION 1. Title 14 of the Official Code of Georgia Annotated, relating to corporations, partnerships, and associations, is amended by striking paragraphs (1), (2), (3), and (6) of Code Section 14-2-122, relating to filing fees and penalties, and inserting in lieu thereof the following:
"(1) Articles of incorporation .............................$ 100.00
(2) Application for certificate of authority ................... 225.00
(3) Annual registration .................................. 30.00"
"(6) Application for reservation of a corporate name ........... 25.00"
SECTION 2. Said title is further amended by striking Code Section 14-2-402, relating to reserved corporate names, and inserting in lieu thereof the following:
"14-2-402. (a) A person may apply to reserve a name for the purpose of incorporation by paying the fee specified in Code Section 14-2-122. If the Secretary of State finds that the corporate name applied for is available, he or she shall reserve the name for the applicant's use for 30 days or until articles of incorporation are filed, whichever is sooner. If the Secretary of State finds that the name applied for is not distinguishable for filing purposes upon the records of the Secretary of State, he or she shall notify the applicant who may then submit another reservation request within ten days of the date of the rejection notice without payment of an additional reservation fee. (b) Upon expiration of a name reservation after 30 days without the filing of articles of incorporation, the name may again be reserved for another 30 day period by the same or another applicant under the same guidelines of subsection (a) of this Code section. (c) A person who has in effect a name reservation under subsection (a) of this Code section may transfer the reservation to another person by delivering to the Secretary of State a signed notice of the transfer that states the name and address of the transferee."
SECTION 3. Said title is further amended by striking paragraphs (1), (2), (3), and (6) of Code Section 14-3-122, relating to filing fees for nonprofit organizations, and inserting in lieu thereof the following:
"(1) Articles of incorporation .............................$ 100.00
(2) Application for certificate of authority ................... 225.00
(3) Annual registration .................................. 30.00"

____________GEORGIA LAWS 2003 SESSION__________885
"(6) Application for reservation of a corporate name ........... 25.00"
SECTION 4. Said title is further amended by striking Code Section 14-3-402, relating to reservation of a corporate name, and inserting in lieu the following:
"14-3-402.
(a) A person may apply to reserve a name for the purpose of incorporation by paying the fee specified in Code Section 14-3-122. If the Secretary of State finds that the corporate name applied for is available, he or she shall reserve the name for the applicant's use for 30 days or until articles of incorporation are filed, whichever is sooner. If the Secretary of State finds that the name applied for is not distinguishable for filing purposes upon the records of the Secretary of State, he or she shall notify the applicant who may then submit another reservation request within ten days of the date of the rejection notice without payment of an additional reservation fee. (b) Upon expiration of a name reservation after 30 days without the filing of articles of incorporation, the name may again be reserved for another 30 day period by the same or another applicant under the same guidelines of subsection (a) of this Code section. (c) A person who has in effect a name reservation under subsection (a) of this Code section may transfer the reservation to another person by delivering to the Secretary of State a signed notice of the transfer that states the name and address of the transferee."
SECTION 5. Said title is further amended by striking Code Section 14-9-103, relating to reservation of a limited partnership name, and inserting in lieu thereof the following:
"14-9-103. (a) A person may apply to reserve a name for the purpose of forming a limited partnership by paying the fee specified in Code Section 14-9-1101. If the Secretary of State finds that the limited partnership name applied for is available, he or she shall reserve the name for the applicant's use for 30 days or until the certificate of limited partnership is filed, whichever is sooner. If the Secretary of State finds that the name applied for is not distinguishable for filing purposes upon the records of the Secretary of State, he or she shall notify the applicant who may then submit another reservation request within ten days of the date of the rejection notice without payment of an additional reservation fee. (b) Upon expiration of a name reservation after 30 days without the filing of a certificate of limited partnership, the name may again be reserved for another 30 day period by the same or another applicant under the same guidelines of subsection (a) of this Code section. (c) A person who has in effect a name reservation under subsection (a) of this Code section may transfer the reservation to another person by delivering to the

GENERAL ACTS AND RESOLUTIONS, VOL. I
Secretary of State a signed notice of the transfer that states the name and address of the transferee."
SECTION 6. Said title is further amended in Code Section 14-9-1101, relating to filing fees for limited partnerships, by striking paragraphs (1), (2), and (3) and inserting in lieu thereof new paragraphs (1), (2), and (3) and by inserting at the end a new paragraph (9) to read as follows:
"(1) Filing a certificate of limited partnership ................$ 100.00
(2) Filing a registration of a foreign limited partnership ........ 225.00
(3) Filing an annual registration ........................... 30.00"
"(9) Application for reservation of a name ................... 25.00"
SECTION 7. Said title is further amended by striking Code Section 14-11-208, relating to reservation of a limited liability company name, and inserting in lieu thereof the following:
"14-11-208. (a) A person may apply to reserve a name for the purpose of forming a limited liability company by paying the fee specified in Code Section 14-11-1101. If the Secretary of State finds that the limited liability company name applied for is available, he or she shall reserve the name for the applicant's use for 30 days or until articles of organization are filed, whichever is sooner. If the Secretary of State finds that the name applied for is not distinguishable for filing purposes upon the records of the Secretary of State, he or she shall notify the applicant who may then submit another reservation request within ten days of the date of the rejection notice without payment of an additional reservation fee. (b) Upon expiration of a name reservation after 30 days without the filing of articles of organization, the name may again be reserved for another 30 day period by the same or another applicant under the same guidelines of subsection (a) of this Code section. (c) A person who has in effect a name reservation under subsection (a) of this Code section may transfer the reservation to another person by delivering to the Secretary of State a signed notice of the transfer that states the name and address of the transferee."
SECTION 8. Said title is further amended by striking paragraphs (1), (5), (9), and (13) of Code Section 14-11-1101, relating to filing fees and penalties for limited liability companies, and inserting in lieu thereof the following:

_____________GEORGIA LAWS 2003 SESSION___________887
"(1) Articles of organization ............................. $ 100.00"
"(5) Application for certificate of authority to transact business . 225.00"
"(9) Application for reservation of a name .................. 25.00"
"(13) Annual registration (foreign or domestic) .............. 30.00"
SECTION 9. All laws and parts of laws in conflict with this Act are repealed.
Approved June 4. 2003.
PUBLIC OFFICERS - DEFERRED COMPENSATION PLANS; CONTRIBUTIONS.
No. 387 (Senate Bill No. 155).
AN ACT
To amend Article 2 of Chapter 18 of Title 45 of the Official Code of Georgia Annotated, relating to deferred compensation plans, so as to provide that deferred compensation plans authorized for the state and its political subdivisions may accept contributions from employers and 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 deferred compensation plans, is amended by striking in its entirety Code Section 45-18-35, relating to the operation of such plans without cost to the state or political subdivisions, and inserting in lieu thereof the following:
"45-18-35. The State Personnel Board or the administrator of the plan shall arrange for all services required to carry out the deferred compensation plan or plans so that such plan or plans shall operate without cost to the state, county, city, or other political subdivision except for employer contributions to a deferred compensation plan and for the incidental expense of administering the payroll salary deduction or reduction and the remittance thereof."

GENERAL ACTS AND RESOLUTIONS, VOL. I
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.
Approved June 4, 2003.
FIRE PROTECTION - COMPLIANCE CERTIFICATES; FIREFIGHTER STANDARDS AND TRAINING.
No. 388 (Senate Bill No. 169).
AN ACT
To amend Title 25 of the Official Code of Georgia Annotated, relating to fire protection and safety, so as to change certain provisions relating to notification that an organization meets requirements and issuance of certificate of compliance; to change certain provisions relating to general requirements, equipment and clothing, personnel, and insurance relative to fire departments; to change certain provisions relating to suspension or revocation of certificate of compliance; to change certain provisions relating to definitions relative to firefighter standards and training; to change certain provisions relating to the Georgia Firefighter Standards and Training Council and its establishment, organization, advisory committee, expenses, and allowances; to provide for an executive director of the Georgia Firefighter Standards and Training Council; to change certain provisions relating to a basic firefighter training course and transfer of certification; to change certain provisions relating to mandatory annual training; 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 25 of the Official Code of Georgia Annotated, relating to fire protection and safety, is amended by striking Code Section 25-3-22, relating to notification that an organization meets requirements and issuance of certificate of compliance, and inserting in lieu thereof the following:
"25-3-22. In order for a fire department to be legally organized to operate in the State of Georgia, the chief administrative officer of the fire department shall notify the executive director that the organization meets the minimum requirements specified in Code Section 25-3-23 and the rules and regulations of the Georgia Firefighter Standards and Training Council to function as a fire department. If the council is satisfied that the fire department meets the minimum requirements contained in Code Section 25-3-23 and the rules and regulations of the Georgia Firefighter Standards and Training Council, he or she shall recommend to the

_____________GEORGIA LAWS 2003 SESSION___________889
Georgia Firefighter Standards and Training Council that a certificate of compliance be issued by the council to the fire department. If the council issues such certificate of compliance, the fire department shall be authorized to exercise the general and emergency powers set forth in Code Sections 25-3-1 and 25-3-2."
SECTION 2. Said title is further amended by striking Code Section 25-3-23, relating to general requirements, equipment and clothing, personnel, and insurance relative to fire departments, and inserting in lieu thereof the following:
"25-3-23.
(a) Except as otherwise provided in subsection (d) of this Code section, in order to be legally organized:
(1) A fire department shall comply with the following requirements: (A) Be established to provide fire and other emergency and nonemergency services in accordance with standards specified solely by the Georgia Firefighter Standards and Training Council and the applicable local government; (B) Be capable of providing fire protection 24 hours a day, 365 days per year; (C) Be responsible for a defined area of operations depicted on a map located at the fire station, which area of operations shall have been approved and designated by the governing authority of the applicable county, municipality, or other political subdivision in the case of any county, municipal, or volunteer fire department; and (D) Be staffed with a sufficient number of full-time, part-time, or volunteer firefighters who have successfully completed basic firefighter training as specified by the Georgia Firefighter Standards and Training Council; and
(2) A fire department shall possess the following items of approved equipment and protective clothing:
(A) A minimum of one fully equipped, operable pumper with a capacity of at least 750 GPM at 150 PSI and a tank capacity of a minimum of 250 gallons; provided, however, that previously approved fire apparatus which does not meet such minimum standards may be used in lieu of the minimum required pumper until replaced by the local authority; (B) A minimum of equipment, appliances, adapters, and accessories necessary to perform and carry out the duties and responsibilities of a fire department set forth in Code Sections 25-3-1 and 25-3-2 as approved by the Georgia Firefighter Standards and Training Council; (C) A minimum of two approved self-contained breathing apparatus for each pumping apparatus as approved by the Georgia Firefighter Standards and Training Council; and (D) A minimum issue of sufficient personal protective clothing to permit each member to perform safely the duties of a firefighter. (b) A legally organized fire department shall purchase and maintain sufficient insurance coverage on each member of the fire department to pay claims for

890______GENERAL ACTS AND RESOLUTIONS, VOL. I_______
injuries sustained en route to, during, and returning from fire calls or other emergencies and disasters and scheduled training sessions, (c) On and after July 1, 1998, the Georgia Firefighter Standards and Training Council shall be authorized, by rules and regulations, to establish and modify minimum requirements for all fire departments operating in this state, provided that such requirements are equal to or exceed the requirements provided in subsections (a) and (b) of this Code section."
SECTION 3. Said title is further amended by striking Code Section 25-3-25, relating to suspension or revocation of certificate of compliance, and inserting in lieu thereof the following:
"25-3-25.
(a) The certificate of compliance issued by the council shall be subject to suspension or revocation by the council at any time it receives satisfactory evidence that:
(1) The fire department is not maintaining sufficient personnel, equipment, or insurance required by Code Section 25-3-23 or the rules and regulations of the Georgia Firefighter Standards and Training Council pursuant to subsection (d) of Code Section 25-3-23; or (b) The chief administrative officer of any fire department aggrieved by a decision of the council under subsection (a) of this Code section may, within 30 days of the date of such decision, request a hearing on the matter before the council. Following a hearing before the council, the chief administrative officer of the fire department affected shall be served with a written decision of the council announcing whether the certificate of compliance shall remain revoked or suspended or whether it shall be reinstated. (c) The council shall not suspend or revoke any certificate of compliance for failure to meet firefighter training requirements when such failure was due to unavailability of required training from or through the Georgia Fire Academy. (d) The council may refer suspensions or revocations to the Attorney General for enforcement. Upon referral from the council, the Attorney General may bring a civil action to enjoin any organization which is not in compliance with the applicable requirements of this chapter from performing any or all firefighting functions until such requirements are met by such organization."
SECTION 4. Said title is further amended by striking Code Section 25-4-2, relating to definitions relative to firefighter standards and training, and inserting in lieu thereof the following:
"25-4-2.
As used in this chapter, the term: (1) 'Candidate' means a prospective firefighter who has not yet been certified by the council as having met the requirements of this chapter.

_____________GEORGIA LAWS 2003 SESSION___________891
(2) 'Certified firefighter' or 'state certified firefighter' means any firefighter who has been certified by the council as having met the requirements of this chapter. (3) 'Council' means the Georgia Firefighter Standards and Training Council. (4) 'Firefighter' means a trained individual who is a full-time employee, part-time employee, or volunteer for a municipal, county, state, or private incorporated fire department and as such has duties of responding to mitigate a variety of emergency and nonemergency situations where life, property, or the environment is at risk, which may include without limitation fire suppression; fire prevention activities; emergency medical services; hazardous materials response and preparedness; technical rescue operations; search and rescue; disaster management and preparedness; community service activities; response to civil disturbances and terrorism incidents; nonemergency functions including training, preplanning, communications, maintenance, and physical conditioning; and other related emergency and nonemergency duties as may be assigned or required; provided, however, that a firefighter's assignments may vary based on geographic, climatic, and demographic conditions or other factors including training, experience, and ability. (5) 'Full-time' means employed for compensation on a basis of at least 40 hours per week by any municipal, county, state, or private incorporated fire department. (6) 'Part-time' means employed for compensation on less than a full-time basis by any municipal, county, state, or private incorporated fire department. (7) 'Volunteer' means not employed for compensation by but appointed and regularly enrolled to serve as a firefighter for any municipal, county, state, or private incorporated fire department."
SECTION 5. Said title is further amended by striking Code Section 25-4-3, relating to the Georgia Firefighter Standards and Training Council and its establishment, organization, advisory committee, expenses, and allowances, and inserting in lieu thereof the following:
"25-4-3.
(a) The Georgia Firefighter Standards and Training Council is established. The council shall be composed of eleven members, one of whom shall be the Safety Fire Commissioner or the designated representative of the Safety Fire Commissioner. Two members shall be appointed by the Lieutenant Governor. Two members shall be appointed by the Speaker of the House of Representatives. The remaining six members shall be appointed by the Governor subject to the following requirements:
(1) One member shall be a member of the governing authority of a county; (2) One member shall be a member of the governing authority of a municipality; (3) One member shall be a city or county manager;

892______GENERAL ACTS AND RESOLUTIONS, VOL. I_______
(4) One member shall be the chief of a county or municipal fire department; and (5) Two members shall be state certified firefighter training officers, (b) The members of the council appointed by the Governor pursuant to subsection (a) of this Code section shall be appointed at the sole discretion of the Governor. However, the Governor may consider for appointment to the council persons suggested for membership thereon as follows: (1) The Association County Commissioners of Georgia may suggest the names of three persons for each appointment pursuant to paragraph (1) of subsection (a) of this Code section; (2) The Georgia Municipal Association may suggest the names of three persons for each appointment pursuant to paragraph (2) of subsection (a) of this Code section; (3) The Georgia City and County Management Association may suggest the names of three persons for each appointment pursuant to paragraph (3) of subsection (a) of this Code section; (4) The Georgia Association of Fire Chiefs may suggest the names of three persons for each appointment pursuant to paragraph (4) of subsection (a) of this Code section; and (5) The Executive Board of the Georgia State Firemen's Association may suggest the names of three persons for each appointment pursuant to paragraph (5) of subsection (a) of this Code section. (c)(l) The first members of the council appointed by the Governor pursuant to subsection (a) of this Code section shall be appointed to take office on January 1, 1986. The two members appointed pursuant to paragraphs (1) and (2) of subsection (a) of this Code section shall be appointed for initial terms of one year, the two members appointed pursuant to paragraphs (3) and (4) of subsection (a) of this Code section shall be appointed for initial terms of two years, and the two members appointed pursuant to paragraph (5) of subsection (a) of this Code section shall be appointed for initial terms of three years. Thereafter, successors shall be appointed for terms of three years as the respective terms of office expire. (2) The member appointed by the Lieutenant Governor and the member appointed by the Speaker of the House of Representatives shall each serve for terms concurrent with terms of members of the General Assembly. (3) All members shall serve until their successors are appointed and qualified. In the event of a vacancy in the membership of the council for any reason, including ceasing to hold an office or position required for membership on the council, the Governor shall fill such vacancy for the unexpired term; except that a vacancy in either of those members of the council appointed by the Lieutenant Governor or the Speaker of the House of Representatives shall be filled for the remainder of the unexpired term in the same manner as the original appointment. In order for the Governor to consider the names of persons suggested for membership on the council pursuant to subsection (b) of this Code section, such names must be submitted to the Governor by the

_____________GEORGIA LAWS 2003 SESSION___________893
respective organizations at least 60 days but not more than 90 days prior to the expiration of the respective terms of office or prior to the appointment of the initial members of the council who take office on January 1, 1986. The Governor shall be authorized, but not required, to request the appropriate organization designated in subsection (b) of this Code section to suggest the names of three persons for the Governor's consideration in making an appointment to fill a vacancy. (d) At the first regular meeting of the council held in each even-numbered year, the council shall elect a chairperson and such other officers from its own membership as it deems necessary to serve until successors are elected by the council as provided in this subsection. (e) The council may, from time to time, designate an advisory committee of not more than three members to assist and advise the council in carrying out its duties under this chapter. The members of any such advisory committee shall serve at the pleasure of the council. (f) Each member of the council and each member of an advisory committee of the council, in carrying out their official duties, shall be entitled to receive the same expense and mileage allowance authorized for members of professional licensing boards by subsection (f) of Code Section 43-1-2. The funds for such expenses and allowances shall be paid from funds appropriated or available to the Department of Public Safety."
SECTION 6. Said title is further amended by striking Code Section 25-4-7, relating to the Georgia Firefighter Standards and Training Council, and inserting in lieu thereof the following:
"25-4-7.
The council is vested with the following functions and powers: (1) To promulgate rules and regulations for the administration of the council; (2) To provide rules of procedure for its internal management and control; (3) To enter into contracts or do such things as may be necessary and incidental to the administration of its authority pursuant to this chapter; (4) To establish uniform minimum standards for the employment and training of full-time, part-time, or volunteer firefighters, fire and life safety educators, fire inspectors, and fire investigators, including qualifications and requirements, which are consistent with this chapter; (5) To establish minimum curriculum requirements for schools operated by or for any employing agency for the specific purpose of training firefighter recruits or full-time, part-time, or volunteer firefighters, fire and life safety educators, fire inspectors, and fire investigators; (6) To approve institutions and facilities for school operation by or for any employing agency for the specific purpose of training firefighters and firefighter recruits; (7) To make or support studies on any aspect of fire-fighting education and training or recruitment;

894______GENERAL ACTS AND RESOLUTIONS, VOL. I_______
(8) To make recommendations concerning any matter within its purview; (9) To establish basic firelighter training requirements for full-time, part-time, and volunteer firefighters; (10) To certify any person satisfactorily complying with the training program established in accordance with paragraph (9) of this Code section and the qualifications for employment covered in this chapter; and (11) To issue a certificate to any person who has received training in another state, when the council has determined that the training was at least equivalent to that required by the council for approved firefighter education and training programs in this state and when the person has satisfactorily complied with all other requirements of this chapter."
SECTION 7. Said title is further amended by adding a new Code Section 25-4-7.1 to read as follows:
"25-4-7.1. (a) The council shall appoint and establish the compensation of an executive director who shall serve at the pleasure of the council. (b) The executive director may contract for such services and employ such other professional, technical, and clerical personnel as may be necessary and convenient to carry out the purposes of this chapter."
SECTION 8. Said title is further amended by striking Code Section 25-4-9, relating to a basic firefighter training course and transfer of certification, and inserting in lieu thereof the following:
"25-4-9. (a) Full-time, part-time, and volunteer firefighters shall successfully complete a basic training course. The council shall determine the course content, number of hours, and all other matters relative to basic firefighter training. Upon satisfactory completion of such basic training, a firefighter shall be issued a certificate of completion evidencing the same. Each firefighter shall be required to successfully complete such basic training course within 12 months after being employed or appointed as a firefighter. (b) A firefighter certified by the council may, upon termination of employment from any fire department and upon agreement with a subsequently employing fire department, transfer such certification to the employing fire department. (c) Notwithstanding the provisions of subsection (b) of this Code section, any local fire department may refuse to accept the transfer of previously acquired certification and may require any newly employed firefighter to complete the basic training course provided for in subsection (a) of this Code section."
SECTION 9. Said title is further amended by striking Code Section 25-4-10, relating to mandatory annual training, and inserting in lieu thereof the following:

_____________GEORGIA LAWS 2003 SESSION___________895
"25-4-10. As a condition of continued certification, all firefighters shall train, drill, or study at schools, classes, or courses at the local, area, or state level, as specified by the council. Authorized leaves of absence are expected."
SECTION 10. This Act shall become effective on July 1, 2004.
SECTION 11. All laws and parts of laws in conflict with this Act are repealed.
Approved June 4, 2003.
DOMESTIC REEATIONS - MARRIAGE LICENSE TESTING; SYPHILIS.
No. 390 (Senate Bill No. 190).
AN ACT
To amend Chapter 3 of Title 19 of the Official Code of Georgia Annotated, relating to marriage generally, so as to repeal the provisions relating to serological testing for syphilis requirements for marriage licenses; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Chapter 3 of Title 19 of the Official Code of Georgia Annotated, relating to marriage generally, is amended by repealing Code Section 19-3-40, relating to blood tests, license refused to person infected with communicable syphilis, exceptions, form, filing, and disposal of physician's certificate, appeal of refusal, treatment, and penalty, and designating said Code section as reserved.
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.
Approved June 4, 2003.

896______GENERAL ACTS AND RESOLUTIONS, VOL. I_________
EDUCATION - TEACHERS; SALARY; EMPLOYMENT RIGHTS.
No. 391 (Senate Bill No. 193).
AN ACT
To amend Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary and secondary schools, so as to provide for an annual increase in state pay for certain teachers; that persons who first became teachers on or after July 1, 2000, shall acquire rights to continued employment; to provide procedures for hearings for such persons; to provide for selection of a tribunal, transcripts, legal questions, burden of proof, decisions of the local board, and appeals; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary and secondary schools, is amended by inserting a new Code section to be designated Code Section 20-2-212.4 to read as follows:
"20-2-212.4. Any teacher who has acquired rights to continued employment as a teacher shall receive an increase in annual state compensation of 5 percent, beginning the school year following any year in which the students taught by such teacher earn a significant increase in average scores on the criterion-referenced test or any other test selected by the State Board of Education for that purpose. The State Board of Education shall define 'significant increase' for the purposes of this Code section. The increase earned by compliance with this Code section shall be in addition to all other salary increases for which the teacher is eligible."
SECTION 2. Said chapter is further amended in Code Section 20-2-940, relating to the grounds and nonrenewal after acceptance by a teacher of a school year contract for the fourth consecutive school year, by striking subsection (d) and inserting in lieu thereof the following:
"(d) A person who first became a teacher on or after July 1, 2000, shall acquire rights under this Code section and Code Section 20-2-941 to continued employment as a teacher. A teacher who had acquired any rights to continued employment under this Code section prior to July 1, 2000, shall retain such rights."
SECTION 3. This Act shall become effective on July 1, 2004.

_____________GEORGIA LAWS 2003 SESSION__________897
SECTION 4. All laws and parts of laws in conflict with this Act are repealed.
Approved June 4, 2003.
CORPORATIONS - SHAREHOLDER NOTICE; MERGERS.
No. 392 (Senate Bill No. 211).
AN ACT
To amend Chapter 2 of Title 14 of the Official Code of Georgia Annotated, relating to business corporations, so as to provide for the use by corporations of a single written notice to two or more shareholders with the same address under certain circumstances; to define certain terms; to require certain notice and contents be provided to shareholders in advance of a meeting to restate articles of incorporation; to provide that the terms of a plan of merger or share exchange may be made dependent on facts ascertainable outside of the plan if the manner in which such facts shall operate on the terms of the merger or share exchange are clearly and expressly set forth in the plan; to revise certain provisions concerning mergers with subsidiaries; to confirm that a merger does not result in a conveyance, transfer, or reassignment of property; to correct a typographical error; to revise shareholders' right of dissent 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 2 of Title 14 of the Official Code of Georgia Annotated, relating to business corporations, is amended by striking subsection (h) of Code Section 14-2-141, relating to notice, and inserting in lieu thereof new subsections (h) and (i) to read as follows:
"(h) Without limiting the manner by which notice otherwise may be given effectively under this chapter:
(1) Any notice by a corporation under any provision of this chapter, the articles of incorporation, or the bylaws to record or beneficial holders of its shares shall be effective if given by a single written notice to two or more such holders who share an address if consented to by those holders. Any such consent shall be revocable by a holder by written notice to the corporation. Except as provided in paragraph (2) of this subsection, any such consent shall be in writing and signed by each record or beneficial holder with respect to which such single written notice is to be effective.

GENERAL ACTS AND RESOLUTIONS, VOL. I
(2) Any record or beneficial holder of shares of any class or series which are either listed on a national securities exchange or held of record by more than 500 shareholders who fails to object in writing to the corporation, within 60 days of having been given written notice by the corporation of its intention to send the single notice permitted under paragraph (1) of this subsection to such holders, shall be deemed to have consented to receiving such single written notice. (i) If this chapter prescribes notice requirements for particular circumstances, those requirements govern. If articles of incorporation or bylaws prescribe notice requirements, not inconsistent with this Code section or other provisions of this chapter, those requirements govern."
SECTION 2. Said chapter is further amended by striking subsection (h) of Code Section 14-2-601, relating to authorized shares, and inserting in lieu thereof new subsections (h) and (i) to read as follows:
"(h) As used in this Code section, the term 'facts' includes, but is not limited to, the occurrence of any event, including a determination or action by any person or body, including the corporation. (i) Nothing contained in this Code section shall be deemed to limit the board of directors' authority or discretion to determine the terms and conditions of rights, options, or warrants issuable pursuant to Code Section 14-2-624."
SECTION 3. Said chapter is further amended by striking subsection (c) of Code Section 14-2-602, relating to terms of class or series determined by board of directors, and inserting in lieu thereof a new subsection (c) to read as follows:
"(c) Except to the extent otherwise permitted by Code Section 14-2-624, all shares of a class or, if applicable, series within a class must have preferences, limitations, and relative rights identical with those of other shares of the same class or series and, except to the extent otherwise provided in the description of the series, all shares of a series must have preferences, limitations, and relative rights identical with those of other series of the same class; provided, however, that any of the voting powers, preferences, designations, rights, qualifications, limitations, or restrictions of or on the class or series of shares, or the holders thereof, may be made dependent upon facts ascertainable outside the articles of incorporation if the manner in which the facts shall operate upon the voting powers, designations, preferences, rights, qualifications, limitations, or restrictions of or on the shares, or the holders thereof, is clearly and expressly set forth in the articles of incorporation. As used in this Code section, the term 'facts' includes, but is not limited to, the occurrence of any event, including a determination or action by any person or body, including the corporation."

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SECTION 4. Said chapter is further amended by striking subsection (c) of Code Section 14-2-624, relating to share options, and inserting in lieu thereof a new subsection (c) to read as follows:
"(c) The terms of the rights, options, or warrants, including the time or times, the conditions precedent, and the prices at which and the holders by whom the rights, options, or warrants may be exercised, as well as their duration, (1) may preclude or limit the exercise, transfer, or receipt of such rights, options, or warrants or invalidate or void any rights, options, or warrants and (2) may be made dependent upon facts ascertainable outside the documents evidencing the rights, or the resolution providing for the issue of the rights, options, or warrants adopted by the board of directors, if the manner in which the facts shall operate upon the exercise of rights is clearly and expressly set forth in the document evidencing the rights or in the resolution. Such terms and conditions need not be set forth in the articles of incorporation. As used in this Code section, the term 'facts' includes, but is not limited to, the occurrence of any event, including a determination or action by any person or body, including the corporation."
SECTION 5. Said chapter is further amended by striking subsection (c) of Code Section 14-2-1007, relating to restated articles of incorporation, and inserting in lieu thereof a new subsection (c) to read as follows:
"(c) If the board of directors submits a restatement for shareholder action, the corporation shall notify each shareholder entitled to vote of the proposed shareholders' meeting in accordance with Code Section 14-2-705. The notice must also state that the purpose, or one of the purposes, of the meeting is to consider the proposed restatement and contain or be accompanied by a copy of the restatement that identifies any amendment or other change it would make in the articles or contain or be accompanied by a full and complete summary of any such amendment or other change."
SECTION 6. Said chapter is further amended by adding a new subsection (d) to Code Section 14-2-1101, relating to merger, to read as follows:
"(d) Any of the terms of the plan of merger may be made dependent upon facts ascertainable outside of the plan of merger, provided that the manner in which such facts shall operate upon the terms of the merger is clearly and expressly set forth in the plan of merger. As used in this subsection, the term 'facts' includes, but is not limited to, the occurrence of any event, including a determination or action by any person or body, including the corporation."
SECTION 7. Said chapter is further amended by striking subsection (d) of Code Section 14-2-1102, relating to share exchange, and inserting in lieu thereof new subsections (d) and (e) to read as follows:

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"(d) Any of the terms of the plan of share exchange may be made dependent upon facts ascertainable outside of the plan of share exchange, provided that the manner in which such facts shall operate upon the terms of the share exchange is clearly and expressly set forth in the plan of share exchange. As used in this subsection, the term 'facts' includes, but is not limited to, the occurrence of any event, including a determination or action by any person or body, including the corporation. (e) This Code section does not limit the power of a corporation to acquire all or part of the shares of one or more classes or series of another corporation through a voluntary exchange of shares or otherwise."
SECTION 8. Said chapter is further amended by striking Code Section 14-2-1104, relating to merger with subsidiary, and inserting in lieu thereof a new Code Section 14-2-1104 to read as follows:
"14-2-1104.
(a) A parent corporation that owns at least 90 percent of the outstanding shares of each class and series of a subsidiary corporation may merge the subsidiary into itself or into another such subsidiary or merge itself into the subsidiary without the approval of the board of directors or shareholders of the subsidiary. (b) The board of directors of the parent shall adopt a plan of merger that sets forth:
(1) The names of the parent and subsidiary; and (2) The manner and basis of converting the shares of the parent or subsidiary into shares, obligations, or other securities of the surviving corporation or any other corporation or into cash or other property in whole or in part. (c) If, as provided under subsection (a), approval of a merger by the subsidiary' s shareholders is not required, the surviving corporation shall, within ten days after the effective date of the merger, notify each of the subsidiary's shareholders that the merger has become effective. (d) Except as provided in subsections (a), (b), and (c) of this Code section, a merger between a parent and a subsidiary shall be governed by the provisions of Article 11 of this chapter applicable to mergers generally. (e) Any of the terms of the plan of merger may be made dependent upon facts ascertainable outside of the plan of merger, provided that the manner in which such facts shall operate upon the terms of the merger is clearly and expressly set forth in the plan of merger. As used in this subsection, the term 'facts' includes, but is not limited to, the occurrence of any event, including a determination or action by any person or body, including the corporation."
SECTION 9. Said chapter is further amended by striking Code Section 14-2-1106, relating to the effect of merger or share exchange, and inserting in lieu thereof a new Code Section 14-2-1106 to read as follows:

_____________GEORGIA LAWS 2003 SESSION___________901
"14-2-1106.
(a) When a merger governed by Article 11 of this chapter takes effect: (1) Every other corporation or entity party to the merger merges into the surviving corporation or entity and the separate existence of every corporation or entity except the surviving corporation or entity ceases; (2) The title to all real estate and other property owned by, and every contract right possessed by, each corporation or entity party to the merger is vested in the surviving corporation or entity without reversion or impairment, without further act or deed, and without any conveyance, transfer, or assignment having occurred; (3) The surviving corporation or entity has all liabilities of each corporation or entity party to the merger; (4) A proceeding pending against any corporation or entity party to the merger may be continued as if the merger did not occur or the surviving corporation or entity may be substituted in the proceeding for the corporation or entity whose existence ceased; (5) The articles of incorporation or other governing documents of the surviving corporation or entity are amended to the extent provided in the plan of merger; and (6) The shares of each corporation party to the merger and the shares of each of the entities party to the merger that are to be converted into shares, obligations, or other securities of the surviving or any other corporation or into cash or other property are converted and the former holders of the shares are entitled only to the rights provided in the plan of merger or to their rights otherwise provided by law.
(b) When a share exchange takes effect, the shares of each acquired corporation are exchanged as provided in the plan, and the former holders of the shares are entitled only to the share exchange rights provided in the plan of share exchange or to their rights under Article 13 of this chapter. (c) For purposes of this Code section, the definitions contained in Code Section 14-2-1109 shall be applicable."
SECTION 10. Said chapter is further amended by striking paragraph (8) of subsection (a) and subsections (e) and (f) of Code Section 14-2-1109, relating to merger with other entities, and inserting in lieu thereof a new paragraph (8) of subsection (a) and newsubsections (e), (f), and (g) to read as follows:
"(8) 'Shareholder' includes every member of a limited liability company or a joint-stock association that is a party to a merger or holder of a share of stock or other evidence of financial or beneficial interest therein." "(e) Any of the terms of the plan of merger may be made dependent upon facts ascertainable outside of the plan of merger, provided that the manner in which such facts shall operate upon the terms of the merger is clearly and expressly set forth in the plan of merger. As used in this subsection, the term 'facts' includes,

902______GENERAL ACTS AND RESOLUTIONS, VOL. I________
but is not limited to, the occurrence of any event, including a determination or action by any person or body, including the corporation. (f) For a plan of merger to be approved, the board of directors of each merging corporation must recommend the plan of merger to the shareholders in the same manner and to the same extent as provided in Code Section 14-2-1103. In the case of any other entity, the plan of merger shall be approved in the manner required by its governing agreements and in compliance with any applicable laws of the state or jurisdiction under which it was formed. In addition, each of the corporations shall comply with all other Code sections of this chapter which relate to the merger of domestic corporations. Each other entity shall comply with all other provisions of its governing agreements and all provisions of the laws, if any, of the state or jurisdiction in which it was formed which relate to the merger. (g) Each merging corporation shall comply with the requirements of Code Section 14-2-1105."
SECTION 11. Said chapter is further amended by striking Code Section 14-2-1302, relating to the right to dissent, and inserting in lieu thereof a new Code Section 14-2-1302 to read as follows:
"14-2-1302.
(a) A record shareholder of the corporation is entitled to dissent from, and obtain payment of the fair value of his or her shares in the event of, any of the following corporate actions:
(1) Consummation of a plan of merger to which the corporation is a party: (A) If approval of the shareholders of the corporation is required for the merger by Code Section 14-2-1103 or the articles of incorporation and the shareholder is entitled to vote on the merger, unless the corporation: (i) is merging into a subsidiary corporation pursuant to Code Section 14-2-1104; (ii) each shareholder of the corporation whose shares were outstanding immediately prior to the effective time of the merger shall receive a like number of shares of the surviving corporation, with designations, preferences, limitations, and relative rights identical to those previously held by each shareholder; and (iii) the number and kind of shares of the surviving corporation outstanding immediately following the effective time of the merger, plus the number and kind of shares issuable as a result of the merger and by conversion of securities issued pursuant to the merger, shall not exceed the total number and kind of shares of the corporation authorized by its articles of incorporation immediately prior to the effective time of the merger; or (B) If the corporation is a subsidiary that is merged with its parent under Code Section 14-2-1104;

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(2) Consummation of a plan of share exchange to which the corporation is a party as the corporation whose shares will be acquired, if the shareholder is entitled to vote on the plan; (3) Consummation of a sale or exchange of all or substantially all of the property of the corporation if a shareholder vote is required on the sale or exchange pursuant to Code Section 14-2-1202, but not including a sale pursuant to court order or a sale for cash pursuant to a plan by which all or substantially all of the net proceeds of the sale will be distributed to the shareholders within one year after the date of sale; (4) An amendment of the articles of incorporation with respect to a class or series of shares that reduces the number of shares of a class or series owned by the shareholder to a fraction of a share if the fractional share so created is to be acquired for cash under Code Section 14-2-604; or (5) Any corporate action taken pursuant to a shareholder vote to the extent that Article 9 of this chapter, the articles of incorporation, bylaws, or a resolution of the board of directors provides that voting or nonvoting shareholders are entitled to dissent and obtain payment for their shares. (b) A shareholder entitled to dissent and obtain payment for his or her shares under this article may not challenge the corporate action creating his or her entitlement unless the corporate action fails to comply with procedural requirements of this chapter or the articles of incorporation or bylaws of the corporation or the vote required to obtain approval of the corporate action was obtained by fraudulent and deceptive means, regardless of whether the shareholder has exercised dissenter's rights. (c) Notwithstanding any other provision of this article, there shall be no right of dissent in favor of the holder of shares of any class or series which, at the record date fixed to determine the shareholders entitled to receive notice of and to vote at a meeting at which a plan of merger or share exchange or a sale or exchange of property or an amendment of the articles of incorporation is to be acted on, were either listed on a national securities exchange or held of record by more than 2,000 shareholders, unless: (1) In the case of a plan of merger or share exchange, the holders of shares of the class or series are required under the plan of merger or share exchange to accept for their shares anything except shares of the surviving corporation or another publicly held corporation which at the effective date of the merger or share exchange are either listed on a national securities exchange or held of record by more than 2,000 shareholders, except for scrip or cash payments in lieu of fractional shares; or (2) The articles of incorporation or a resolution of the board of directors approving the transaction provides otherwise."
SECTION 12. All laws and parts of laws in conflict with this Act are repealed.
Approved June 4, 2003.

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EDUCATION - TUITION EQUALIZATION GRANTS; SCHOLARSHIP AND GRANT ELIGIBILITY.
No. 393 (Senate Bill No. 244).
AN ACT
To amend Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to postsecondary education, so as to remove a restriction on tuition equalization grants for summer school; to provide a limitation on the total number of semester hours or quarter hours an eligible student may receive a tuition equalization grant; to provide for an exception to the requirement for registration with the United States Selective Service System in order to be eligible for certain scholarships and grants administered by the Student Finance Authority; 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 20 of the Official Code of Georgia Annotated, relating to postsecondary education, is amended by striking Code Section 20-3-412, relating to entitlements to grants as specified in appropriations Acts and restrictions on grants, and inserting in lieu thereof the following:
"20-3-412. Each eligible student is entitled to a tuition equalization grant each academic year, as specified in appropriations Acts of the General Assembly. No grants shall be made to graduate students unless specifically authorized in appropriations Acts of the General Assembly. It is the intent of the General Assembly and the purpose of this program to provide tuition equalization grants to all Georgia students attending approved schools at all levels and throughout the entire calendar year whenever sufficient funds are available to the state. In no event shall an eligible student receive a tuition equalization grant for more than 127 semester hours or 190 quarter hours of his or her undergraduate program."
SECTION 1.1. Said chapter is further amended in Code Section 20-3-316, relating to powers and duties of the Student Finance Authority, by striking paragraph (4) and inserting in lieu thereof the following:
"(4) Each applicant who, as of the date of application for financial assistance under this part, is required but has not registered with the Selective Service System of the United States pursuant to 50 U.S.C. Section 453, as amended, shall be ineligible to receive financial assistance under this part. Each applicant shall, under penalty of perjury, certify compliance or noncompliance with the registration requirements of the Military Selective Service Act of the United States and provide such other information as the authority may reasonably

_____________GEORGIA LAWS 2003 SESSION___________905
require. A person may not be denied state student financial aid by reason of failure to present himself for and submit to registration under Section 3, 50 U.S.C. Appx. 453, if the requirement for the person to so register has terminated or become inapplicable to the person; and the person shows by a preponderance of the evidence that the failure of the person to register was not a knowing and willful failure to register;"
SECTION 2. This Act shall become effective on January 1, 2004.
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.
Approved June 4, 2003.
HIGHWAYS - UNSOLICITED PROPOSAES; PUBEIC-PRIVATE INITIATIVES; STATE FUNDS; MASS TRANSPORTATION.
No. 394 (Senate Bill No. 257).
AN ACT
To amend Chapter 2 of Title 32 of the Official Code of Georgia Annotated, relating to the general powers of the Department of Transportation, so as to permit the acceptance of unsolicited proposals from private entities; to authorize the department to accept and evaluate unsolicited proposals for public-private initiatives; to authorize contracts for public-private initiatives; to provide for definitions; to amend Chapter 9 of Title 32 of the Official Code of Georgia Annotated, relating to mass transportation, so as to change the provisions relating to the Department of Transportation's participation with state funds in mass transportation systems and services and in the construction and improvement of facilities, equipment, and capital projects for use in mass transportation service; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAE ASSEMBLY OF GEORGIA:
SECTION 1. Chapter 2 of Title 32 of the Official Code of Georgia Annotated, relating to the Department of Transportation, is amended by adding a new Code Section 32-2-78 to read as follows:
"32-2-78.
As used in this chapter, the term:

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(1) 'Department' means the Georgia Department of Transportation. (2) 'Private contribution' means resources supplied by a private entity to accomplish all or any part of the work on a transportation system project, including funds, financing, income, revenue, cost sharing, technology, staff, materials, equipment, expertise, data, or engineering, construction, or maintenance services, or other items of value. To the extent that this definition may conflict with any federal law or regulation, for any project utilizing federal funds, the federal definition shall supersede this subsection. (3) 'Public-private initiative' means a nontraditional arrangement between the department and one or more private or public entities that provides for:
(A) Acceptance of a private contribution to a transportation system project or service in exchange for a public benefit concerning that project or service; (B) Sharing of resources and the means of providing transportation system projects or services; or (C) Cooperation in researching, developing, and implementing transportation system projects or services. (4) Transportation system' means the state transportation infrastructure and related systems, including highways, roadways and associated rights of way, bridges, tunnels, overpasses, ferries, airports, port facilities, vehicle parking facilities, park-and-ride lots, transit systems, transportation management systems, intelligent vehicle highway systems, or similar facilities used for the transportation ofpersons or goods, together with any other property, buildings, structures, parking areas, appurtenances, and facilities needed to operate such system, including any major transportation facility as defined by subparagraph (a)(3) of Code Section 32-2-3, and any other facility for other transportation purposes as defined by paragraph (18) of Code Section 32-1-3. (5) 'Unsolicited proposal' means a written proposal for a public-private initiative that is submitted by a private entity for the purpose of entering into an agreement with the department concerning a transportation system project but that is not in response to a formal solicitation or request issued by the department."
SECTION 2. Said chapter is further amended by adding new Code sections to read as follows:
"32-2-79.
(a) The department may receive, consider, evaluate, and accept an unsolicited proposal for a public-private initiative only if the proposal complies with all of the requirements of this Code section. (b) The department may consider an unsolicited proposal only if the proposal:
(1) Is unique and innovative in comparison with and is not substantially similar to other transportation system projects already in the state transportation improvement program within the department or, if it is similar to a project in the state transportation improvement program, that such project has not been fully funded by the department or any other entity as of the date the proposal is submitted. Unique or innovative features which may be

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considered by the department in evaluating such a proposal may include but not be limited to unique or innovative financing, construction, design, or other components as compared with other projects or as otherwise defined by department rules or regulations; (2) Is independently originated and developed by the proposer; and (3) Includes or is accompanied by:
(A) Such detail and information as the department may require by rule or regulation to assist in its evaluation of the proposal and to determine if the proposal benefits the public. Such information shall include a list of any proprietary information included in the proposal which the proposer considers protected trade secrets or other information exempted from disclosure under Code Section 50-18-70, et seq., and an itemized, auditable listing of the costs associated with the development of the proposal; and (B) Such fees as may be required by the rules and regulations of the department for submission of such proposals. (c) Paragraph (1) of subsection (b) of this Code section shall not be deemed to prohibit the department from encouraging the submission of unsolicited proposals that are well-developed and consistent with the department's general policy priorities by providing written or oral information to any person regarding the policy priorities or the requirements and procedures for submitting an unsolicited proposal. (d) If the unsolicited proposal does not comply with the requirements of subsection (b) of this Code section, the department shall return the proposal without further action. In taking such action, the department shall not disclose either the originality of the research or any proprietary information associated with the proposal to any other person or entity. If the unsolicited proposal complies with all the requirements of subsection (b) of this Code section, the department may further evaluate the proposal pursuant to this Code section. (e) Within 30 days of receipt of an unsolicited proposal that meets the requirements of subsection (b) of this Code section, the department shall provide public notice of the proposed project. This notice shall: (1) Be published in a newspaper of general circulation which is a legal organ and upon such electronic website providing for general public access as the department may develop for such purpose or in the same manner as publications providing notice as described in Code Section 32-2-65; (2) Be provided to any person or entity that expresses in writing to the department an interest in the subject matter of the proposal and to any member of the General Assembly whose House or Senate district would be affected by such proposal; (3) Outline the general nature and scope of the unsolicited proposal, including the location of the transportation system project and the work to be performed on the project; and (4) Specify the address to which any comparable proposal must be submitted. (f) Any person or entity who elects to submit a competing proposal for the proposed qualifying project to the department shall submit a written letter of

908______GENERAL ACTS AND RESOLUTIONS, VOL. I_________
intent to do so by no later than 30 days after the department's initial publication of the notice. Any letter of intent received by the department after the expiration of the 30 day period shall not be valid and any competing proposal submitted thereafter by a person or entity who has not submitted a timely letter of intent shall not be considered by the department and shall be returned to the person or entity who did not submit a letter of intent by the deadline. For those persons or entities who elect to submit a competing proposal and submit a timely letter of intent with the department, any such competing proposal shall be submitted to the department by no later than 90 days after the department's initial publication of the notice required by this Code section. Only those competing, compliant proposals submitted by such deadline shall be considered by the department, (g) Upon receipt of a proposal properly submitted in response to the notice described in subsection (e) of this Code section which fully meets the requirements of subsection (b) of this Code section, the department shall:
(1) Determine, in its discretion, if any submitted proposal is comparable in nature and scope to the unsolicited proposal and whether it warrants further evaluation; (2) Evaluate any comparable proposal; and (3) Conduct good faith discussions and, if necessary, negotiation concerning each comparable proposal. (h) The department shall base its evaluation of the unsolicited proposal or comparable proposals on the following factors: (1) Unique and innovative methods, approaches, or concepts demonstrated by the proposal; (2) Scientific, technical, or socioeconomic merits of the proposal; (3) Potential contribution of the proposal to the department's mission; (4) Capabilities, related experience, facilities, or techniques of the proposer as described in the proposal or unique combinations of these qualities that are integral factors for achieving the proposal objectives; (5) Qualifications, capabilities, and experience of the proposed principal investigator, team leader, or key personnel who are critical in achieving the proposal objectives; and (6) Any other factors appropriate to a particular proposal, (i) Once the department has concluded its evaluation of the unsolicited proposal and any comparable proposals, the department may execute a commitment agreement with the entity submitting the most desirable proposal as determined by the department's evaluation process. At least two weeks prior to approval of any project, the department shall present to the House and Senate transportation committees a report with respect to the proposed commitment agreement. Such commitment agreement shall indicate the department's commitment to undertake a public-private initiative to execute the proposal if, after public comment: (1) The department determines that the project is financially feasible and in the public interest; and (2) The department and the proposer can arrive at agreeable terms and conditions, including price of the project.

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(j) The department may execute a commitment agreement relating to an unsolicited proposal or conforming comparable proposal only if:
(1) The proposal receives a favorable evaluation; (2) The department makes a written determination based on facts and circumstances that the proposal is an acceptable basis for an agreement to obtain services from the entity making the proposal; and (3) The specific commitment agreement is specifically approved by affirmative vote of the State Transportation Board. (k) Once the commitment agreement is signed by the parties, prior to final contracting for any public-private initiative from the unsolicited or conforming comparable proposal, the department: (1) Should provide public notice that the department will receive public comment with respect to such proposal. The notice shall:
(A) Be published in a newspaper of general circulation and which is a legal organ, and upon such electronic website providing for general public access as the department may develop for such specific purpose, or in the same manner as publications providing notice as described in Code Section 32-2-65, or both, allowing at least 14 days and no more than 45 days for public comment to be submitted for consideration; (B) Be provided to any person or entity that expresses in writing to the department an interest in the subject matter of the proposal; (C) Outline the general nature and scope of the proposal, including the location of the transportation system project and the work to be performed on the project; and (D) Specify the address to which any public comment must be submitted; and (2) In its discretion, may provide additional opportunity for public comment at a public meeting or meetings. In such event, notice of such meetings shall be provided in the same manner as described in paragraph (1) of this subsection. (1) In taking the actions required by subsections (e) and (k) of this Code section, the department shall not disclose either the originality of the research or any proprietary information associated with the proposal as listed by the proposer required by paragraph (3) of subsection (b) of this Code section, (m) The provisions of Code Section 50-18-70 to the contrary notwithstanding, no proposal shall become a 'public record' nor be subject to disclosure as such until such time as a commitment agreement has been signed and notice of solicitation of public comment has been published as required in subsection (k) of this Code section. At all times thereafter, the department shall not disclose trade secret or proprietary information, or both, specifically designated by the proposer as required by paragraph (3) of subsection (b) of this Code section which meets the definition of a trade secret under Code Section 50-18-70, et seq. (n) The power of eminent domain shall not be delegated to any private entity under any public-private initiative commenced or proposed pursuant to this chapter.

910______GENERAL ACTS AND RESOLUTIONS, VOL. I________
(o) The department or the department's designee has the authority to make the determination and take the actions required by this Code section, (p) If the department rejects or declines to accept an unsolicited proposal but, within a period of two years following the submission of such proposal the department contracts for a substantially similar project, the department shall reimburse the proposer of the unsolicited proposal for the auditable costs associated with the preparation and development of the proposal upon a request for reimbursement to the department. This provision shall not apply if the department accepts a conforming comparable proposal through the procedures outlined in subsections (f) and (g) of this Code section.
32-2-80.
(a) If the department follows the evaluation criteria set forth in Code Section 32-2-79 and if an unsolicited proposal contains all the information required by that Code section and the proposal is accepted by the department as demonstrated by the execution of a commitment agreement, upon completion of the public comment period, the department shall have the authority to contract with the proposer for a public-private initiative based upon the proposal without subjecting such contract to public bid as required by Code Section 32-2-64, 32-10-68, or 50-5-72. Such contracts shall be in compliance with all other applicable federal and state laws and each specific contract shall be specifically approved by affirmative vote of the State Transportation Board. (b) Any agreement entered into pursuant to this article may authorize funding to include tolls, fares, or other user fees and tax increments for use of the transportation facility that is the subject of the proposal. The department may take any action to obtain federal, state, or local assistance for a qualifying project that serves the public purpose of this chapter and may enter into any contracts required to receive such assistance. Any funds received from the state or federal government or any agency or instrumentality thereof shall be subject to appropriation as provided by the Constitution and laws of this state. The department may determine that it serves the public purpose of this chapter for all or any portion of the costs of a qualifying project to be paid, directly or indirectly, from the proceeds of a grant or loan made by the federal, state, or local government or any instrumentality thereof, including, but not limited to, the State Road and Tollway Authority. The department may agree to make grants or loans to the operator from time to time from amounts received from the federal, state, or local government or any agency or instrumentality, including, but not limited to, the State Road and Tollway Authority. (c) The department, in its sole discretion, may reject any unsolicited proposal at any time until a contract is signed with the entity submitting the proposal. In the event that a proposal is rejected but the department subsequently proceeds with all or part of such proposal within a period of two years, the entity submitting the proposal shall be entitled to reimbursement of the costs of developing the proposal as indicated in subsection (p) of Code Section 32-2-79."

____________GEORGIA LAWS 2003 SESSION__________911
SECTION 3. Said chapter is further amended by striking subsection (a) of Code Section 32-2-69, relating to award of contract to lowest reliable bidder, procedure upon rejection of bids, receipt of only one bid, error in bidding documents, or release or refusal of acceptance by lowest reliable bidder, in its entirety and inserting in its place the following:
"(a) Except as authorized by Code Sections 32-2-79 and 32-2-80, the department shall award the contract to the lowest reliable bidder, provided that the department shall have the right to reject any and all such bids whether such right is reserved in the public notice or not and, in such case, the department may readvertise, perform the work itself, or abandon the project."
SECTION 4. Chapter 9 of Title 32 of the Official Code of Georgia Annotated, relating to mass transportation, is amended in Code Section 32-9-2, relating to operation by Department of Transportation of facilities or systems and financial assistance to systems, by striking paragraph (3) of subsection (b) and inserting in its place the following:
"(3) The department's participation with state funds in those programs specified in paragraphs (1) and (2) of this subsection may be in either cash, products, or in-kind services. The department's participation with state funds shall be limited to a maximum of 15 percent of the cost of the program. The remainder shall be provided from sources other than department funds or from revenues from the operation of public mass transportation systems."
SECTION 5. All laws and parts of laws in conflict with this Act are repealed.
Approved June 4, 2003.
LAW ENFORCEMENT - PURSUIT POLICIES.
No. 395 (Senate Bill No. 292).
AN ACT
To amend Chapter 1 of Title 35 of the Official Code of Georgia Annotated, relating to general provisions applicable to law enforcement officers and agencies, so as to provide for the creation or adoption of pursuit policies by law enforcement agencies; to provide for the withholding of funding for noncompliance; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

912______GENERAL ACTS AND RESOLUTIONS, VOL. I_______
SECTION 1. Chapter 1 of Title 35 of the Official Code of Georgia Annotated, relating to general provisions applicable to law enforcement officers and agencies, is amended by adding a new Code Section 35-1-14 to read as follows:
"35-1-14. On and after January 1, 2004, each state, county, and local law enforcement agency that conducts emergency response and vehicular pursuits shall adopt written policies that set forth the manner in which these operations shall be conducted. Each law enforcement agency may create their own such policies or adopt an existing model. All pursuit policies created or adopted by any law enforcement agency must address situations in which police pursuits cross over into other jurisdictions. Law enforcement agencies which do not comply with the requirements of this provision are subject to the withholding of any state funding or state administered federal funding."
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.
Approved June 4, 2003.
INSURANCE - SPENDING ACCOUNT AND CONSUMER DRIVEN HEALTH PLAN ADVANCEMENT ACT.
No. 396 (Senate Bill No. 329).
AN ACT
To amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to enact the "Spending Account and Consumer Driven Health Plan Advancement Act"; to provide a short title; to provide for legislative intent and purposes; to provide definitions; to authorize the issuance of spending account plans and consumer driven health plans for individuals and groups; to provide for the payment for health care services; to provide for the features of such plans; to provide for certain contractual provisions; to provide for limitations on contracts issued; to provide for certain prohibitions; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Title 33 of the Official Code of Georgia Annotated, relating to insurance, is amended by adding a new Chapter 30B to read as follows:

____________GEORGIA LAWS 2003 SESSION___________913
"CHAPTER 3 OB
33-30B-1. This chapter shall be known and may be cited as the 'Spending Account and Consumer Driven Health Plan Advancement Act.'
33-30B-2. The purposes of this chapter are to provide enabling provisions for spending accounts and consumer driven health plans, provide statutory authorization for the establishment of such plans, and facilitate the advancement of such plans as a response to escalating costs of health care plans in this state. This chapter shall be construed and interpreted liberally to effectuate these purposes in as broad a manner as possible.
33-30B-3. As used in this chapter, the term:
(1) 'Consumer driven health plan' means a plan for the provision or reimbursement of health care services that makes available to enrolled individuals information on health, health care, the pricing of health care, and the pricing of health care services by particular providers. Such plan may, but is not required to, include a spending account feature and may either rely upon indemnity reimbursements for services or contracted amounts for health care services from providers. (2) 'Plan' means an agreement between an individual and a plan sponsor or a declaration by an individual which defines services and benefit levels for which reimbursements will be made. (3) 'Plan sponsor' means the group or individual entering into a contract with an insurer under which the insurer provides reimbursement to the plan for expenditures or obligations incurred for the provision of health care services over and above a certain attachment point. (4) 'Spending account' includes, but is not limited to, medical spending accounts, health reimbursement arrangements, pre-tax benefit spending accounts, and other forms of funding for health care goods and services. As such, the source of funding may be from an individual, an employer, an employee, or an combination of sources, as appropriate.
33-30B-4. (a) A spending account plan or consumer driven health plan may be written in this state for a group or for an individual. Such plan may contain a spending account feature which will provide the first-dollar payments for health care services up to a designated amount. Group plans may, but are not required to, provide for a uniform spending account limit. An individual plan may incorporate a spending account feature with a limit not exceeding $10,000.00 annually.

914______GENERAL ACTS AND RESOLUTIONS, VOL. 1_________
(b) All spending accounts shall be in the name of the individual for which the spending account has been established but may be administered in accordance with the applicable plan.
33-30B-5. For any plan having a spending account feature, the amount of the spending account is not required to be the same as the attachment point for insurance reimbursements. If the attachment point for insurance reimbursements to the plan is higher than the amount contained in the spending account, a notice describing the monetary gap for which an individual will be liable shall be given to the holder of the spending account.
33-30B-6. The insurance contract providing reimbursements for expenditures for health care services incurred by the plan may be a stop-loss, specific excess and aggregate, or other similar contract. It may be written by an insurer licensed for life, accident, and sickness insurance under Code Section 33-7-2 or by an insurer licensed for casualty insurance under Code Section 33-7-3. In either case, the contract shall be in the name of the plan as the contract holder and shall contain at least the following:
(1) The attachment point after which the payments by the insurer will be made; (2) The amounts for allowable spending accounts; (3) An attachment containing the plan document; (4) A conspicuous disclosure on the first page of the contract that it is not a policy of accident and sickness insurance; and (5) All other relevant terms and conditions.
33-30B-7. (a) A stop-loss or specific excess and aggregate contract issued under this chapter shall not be construed or interpreted as an accident and sickness insurance policy. (b) No stop-loss or specific excess and aggregate policy may be cancelled or nonrenewed because of the level of health care claims."
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.
Approved June 4, 2003.

_____________GEORGIA LAWS 2003 SESSION___________915
EDUCATION - TEEN DATING VIOLENCE.
No. 398 (Senate Bill No. 346).
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 provide for a program for preventing teen dating violence; to provide for related matters; to delete an obsolete phrase; 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 20-2-314, relating to development of a rape prevention and personal safety education program, and inserting in lieu thereof the following:
"20-2-314. The State Board of Education shall develop, with input from appropriate experts, such as rape crisis centers, and family violence shelters, a rape prevention and personal safety education program and a program for preventing teen dating violence for grade eight through grade 12 which are consistent with the core curriculum provided for in Code Section 20-2-140. Local boards may implement such programs at any time and for any grade level local boards find appropriate, and the state board shall encourage the implementation of such programs. In addition, the state board shall make information regarding such programs available to the Board of Regents of the University System of Georgia."
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.
Approved June 4, 2003.
HAROLD MANN MEMORIAL INTERCHANGE; DESIGNATED.
No. 400 (House Resolution No. 81).
A RESOLUTION
Designating the Harold Mann Memorial Interchange on 1-75 in Whitfield County; and for other purposes.

916______GENERAL ACTS AND RESOLUTIONS, VOL. I______
WHEREAS, the late former state Representative Harold Mann served Dalton and Whitfield County as a trusted public servant for more than 30 years, as a community leader, a Whitfield County Commissioner, a member of the Georgia Republican Party at the local, state, and national levels; and
WHEREAS, the late former state Representative Harold Mann served ably in the Georgia General Assembly for more than a decade; and
WHEREAS, the late former state Representative Harold Mann was actively serving his constituents and many others in this community and the State of Georgia during the 2001 regular session of the Georgia General Assembly when he met an untimely death on February 3, 2001; and
WHEREAS, the late former state Representative Harold Mann lived and served for many years in the Carbondale community, and most importantly, his final resting place is in Cove Cemetery, only one mile from the Carbondale Road interchange at 1-75; and designating such interchange in honor of his long life of public service would be a most fitting memorial.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the Carbondale Road interchange with 1-75 in Whitfield County is hereby designated as the Harold Mann Memorial Interchange, and the Department of Transportation is authorized and directed to erect and mark signs so identifying the interchange.
BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is authorized and directed to transmit an appropriate copy of this resolution to the family of the late Representative Harold Mann.
Approved June 4, 2003.
MAVIS BLACKSTOCK; COMPENSATED.
No. 401 (House Resolution No. 92).
A RESOLUTION
Compensating Ms. Mavis Blackstock; and for other purposes.
WHEREAS, Ms. Mavis Blackstock, a resident of Cleveland, Georgia, was employed in 2001 as a mental health counselor for the Department of Corrections at the Lee Arrendale State Prison in Alto, Georgia; and

_____________GEORGIA LAWS 2003 SESSION___________917
WHEREAS, on August 29,2001, while providing counseling services to an inmate, Ms. Blackstock was severely physically assaulted by such inmate; and
WHEREAS, as a result of such physical assault, Ms. Blackstock incurred ongoing physical and emotional injuries and trauma; and
WHEREAS, such losses occurred through no fault or negligence whatsoever on the part of Ms. Blackstock, and it is only fitting and proper that she be compensated for her losses.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the Department of Corrections is authorized and directed to pay the sum of $150,000.00, to be paid over a period of three years, to Ms. Mavis Blackstock as compensation as provided above. Said sum shall be paid from funds appropriated to or available to said Department of Corrections and shall be in full and complete satisfaction of all claims against the state arising out of said occurrence.
Approved June 4, 2003.
SHERIFF-ELECT DERWIN BROWN MEMORIAL BRIDGE; DESIGNATED.
No. 402 (House Resolution No. 106).
A RESOLUTION
Honoring the memory of Sheriff-elect Derwin Brown and designating the Sheriff-elect Derwin Brown Memorial Bridge; and for other purposes.
WHEREAS, on December 15,2000, a hail of assassins' bullets cut short the life of Derwin Brown, who had only weeks before been elected to the office of Sheriff of DeKalb County and was to take office on January 1, 2001; and
WHEREAS, Sheriff-elect Brown was born in Fort Knox, Kentucky, the first child of George and Burvena Brown, and he was raised in Long Island, New York; and
WHEREAS, he began his service with DeKalb County in 1977 as a youth group supervisor within the juvenile justice system, and he soon moved into what would become an outstanding 23 year career in law enforcement within the county; and
WHEREAS, Sheriff-elect Brown was a dedicated public servant who worked tirelessly for youth and for the protection of the citizens of the community; and

918______GENERAL ACTS AND RESOLUTIONS, VOL. I________
WHEREAS, he knew that his courageous stand in determining to clean up corruption in the sheriffs department would put him in personal danger, but he refused to flinch in the face of threats; and
WHEREAS, thanks to the courage and sacrifice of this great man, DeKalb County is a better place to live today.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that Sheriff-elect Derwin Brown is honored as a truly great and courageous man who gave his life for his community.
BE IT FURTHER RESOLVED that the bridge on Glenwood Road crossing over Interstate Highway 285 in DeKalb County shall be designated the Sheriff-elect Derwin Brown Memorial Bridge.
BE IT FURTHER RESOLVED that the Department of Transportation is authorized and directed to erect and maintain appropriate signs designating the Sheriff-elect Derwin Brown Memorial Bridge.
BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is authorized and directed to transmit an appropriate copy of this resolution to the family of Sheriff-elect Derwin Brown.
Approved June 4, 2003.
STAFF SGT. AVELY W. RUNNELS MEMORIAL HIGHWAY; DESIGNATED.
No. 403 (House Resolution No. 107).
A RESOLUTION
Designating the Staff Sgt. Avely W. Runnels Memorial Highway; and for other purposes.
WHEREAS, Staff Sgt. Avely W. Runnels was born on August 31, 1975, in Gainesville, Florida, and was the son of Eldridge Ray Runnels and Hester Cross Runnels; and
WHEREAS, his family moved to Morven, Georgia when he was eight years old; and

_____________GEORGIA LAWS 2003 SESSION___________919
WHEREAS, following his graduation from Brooks County High School in 1993, he enlisted in the United States Marine Corps to serve the country which he so dearly loved; and
WHEREAS, in four short years of military service he became a qualified air crew member and crew chief, amassed 393 flight hours, and exemplified the finest qualities of a Marine; and
WHEREAS, he served two years on the Experimental Aircraft Detachment of the Presidential Support Squadron, HMX1, and he was honored with the award of two Navy and Marine Corps Achievement Medals, two Navy and Marine Corps Commendation Medals, and two Good Conduct Medals; and
WHEREAS, he was the devoted husband of Mrs. Karen Runnels, the father of a wonderful daughter, Dakota Runnels, and a loving son; and
WHEREAS, he was a member of Morven Baptist Church and was a friend to everyone who had the opportunity to know him; and
WHEREAS, on December 11,2000, Staff Sgt. Avely W. Runnels lost his life in the service of his country as the result of an aircraft crash during a night-training mission.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that, in memory of the service of Staff Sgt. Avely W. Runnels to the City of Morven, Brooks County, and the State of Georgia, State Highway 76 in the corporate limits of the City of Morven is designated the Staff Sgt. Avely W. Runnels Memorial Highway.
BE IT FURTHER RESOLVED that the Department of Transportation is authorized and directed to place and maintain appropriate markers or signs designating the Staff Sgt. Avely W. Runnels Memorial Highway.
BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is authorized and directed to transmit appropriate copies of this resolution to the family of Staff Sgt. Avely W. Runnels and to the commissioner of transportation.
Approved June 4, 2003.

920______GENERAL ACTS AND RESOLUTIONS, VOL. I_______
MARTIN LUTHER KING, JR., BYPASS; DESIGNATED.
No. 404 (House Resolution No. 115).
A RESOLUTION
Designating that new portion of US 82 within the corporate limits of the City of Georgetown as Martin Luther King, Jr., Bypass; and for other purposes.
WHEREAS, the late Dr. Martin Luther King, Jr., was a distinguished Georgian whose efforts to obtain a peaceful and just society earned a Nobel Prize; and
WHEREAS, the Mayor and Council of the City of Georgetown resolved unanimously to request the General Assembly to honor the late Dr. King by designating the new portion of US 82 within the corporate limits of that city in his name; and
WHEREAS, it is only fitting and proper that the life and memory of the late Dr. Martin Luther King be so honored as requested.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the new portion of US 82 within the corporate limits of the City of Georgetown is designated Martin Luther King, Jr., Bypass, and the Department of Transportation is authorized and directed to erect and maintain signs so identifying the highway.
BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is authorized and directed to transmit appropriate copies of this resolution to the Department of Transportation and the Mayor and Council of the City of Georgetown.
Approved June 4, 2003.
LT. COL. DOYCE ARIA1L HIGHWAY; DESIGNATED.
No. 405 (House Resolution No. 128).
A RESOLUTION
Designating a portion of SR 38 in the City of Climax in honor of Lt. Col. Doyce Ariail; and for other purposes.

____________GEORGIA LAWS 2003 SESSION__________921
WHEREAS, Lt. Col. Doyce Ariail is well known in the City of Climax, Georgia, where he has lived with his family since he retired from the U.S. Army in 1979, and his leadership and community service have substantially improved the quality of life for his fellow citizens; and
WHEREAS, he is the devoted husband ofAnn Newberry and the father offour very fortunate sons who are a great source of pride and enjoyment to him and his wife; and
WHEREAS, he has been a marvelous volunteer, particularly on behalf of programs devoted to youth development and recreation; he is an officer and active member of the Bainbridge Bearcat Booster Club, and has contributed to improvements at Centennial Field; and he was a major resource in the relocation and renovation of the train depot that became the Climax City Hall, the construction of the Climax Ballpark, and the preservation of the gym; and
WHEREAS, in addition to his civic involvements, he has been a dedicated member of the United Methodist Church and generously given his time, talent, and energy in support; and it is most fitting that the contributions of this distinguished citizen be properly honored.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the portion of SR 38 which passes through the city limits of the City of Climax, Georgia, be designated the Lt. Col. Doyce Ariail Highway in honor of his service to the community and that the Department of Transportation is authorized to erect and maintain signs so designating that portion of SR 38.
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 and to Lt. Col. Doyce Ariail.
Approved June 4, 2003.
SHELTON ISAIAH DELOACH MEMORIAL BRIDGE; DESIGNATED.
No. 406 (House Resolution No. 129).
A RESOLUTION
Designating the Shelton Isaiah DeLoach Memorial Bridge; and for other purposes.

922______GENERAL ACTS AND RESOLUTIONS, VOL. I_________
WHEREAS, Shelton Isaiah DeLoach was born on August 4, 1879, in Tattnall County and was the second of nine children bom to Henry H. DeLoach and Maryann Todd DeLoach; and
WHEREAS, he was the devoted husband of Arrie Groover DeLoach and their union was blessed with seven children; and
WHEREAS, in 1914, he sold property which he had inherited and moved his family to newly acquired property on Beards Creek in an area of Liberty County from which Long County was later created and began supporting his family by farming, growing timber, raising livestock, and engaging in the turpentine business; and
WHEREAS, he was known and respected for his assistance to his neighbors during hard times and for his community leadership; and
WHEREAS, he was instrumental in the 1920 creation of Long County; and
WHEREAS, the first bridge across Beards Creek was built on his property and with his assistance; and
WHEREAS, in 1957, the Department of Transportation determined that a paved road from Hinesville to Glennville was needed and purchased approximately 3/4 mile of right of way from Mr. DeLoach for the purpose of building the present roadway and bridge; and
WHEREAS, the State of Georgia lost a distinguished citizen with the passing of Shelton Isaiah DeLoach on March 5, 1957; and
WHEREAS, seven of his grandsons and three of his great-grandsons have been employees of the Georgia Department of Transportation and continue this family's dedication to public transportation and economic development in Georgia.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the bridge on SR 196 at the county line between Tattnall County and Long County is designated the Shelton Isaiah DeLoach Memorial Bridge.
BE IT FURTHER RESOLVED that the Department of Transportation is authorized and directed to erect and maintain appropriate signs designating such bridge.
BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is authorized and directed to transmit appropriate copies of this resolution to the family of Shelton Isaiah DeLoach and to the Department of Transportation.
Approved June 4, 2003.

_____________GEORGIA LAWS 2003 SESSION___________923
ALBERT SHELTON SWINDELL MEMORIAL HIGHWAY; DESIGNATED.
No. 407 (House Resolution No. 131).
A RESOLUTION
Designating SR 196 in Long County as Albert Shelton Swindell Memorial Highway; and for other purposes.
WHEREAS, Albert Shelton Swindell was a native of Long County who served for many years as a dedicated employee of the Georgia Department of Transportation; and
WHEREAS, in such capacity, he rendered outstanding service to the department, and in recognition thereof he was awarded the "Commissioner's Merit Award" in 1987; and
WHEREAS, at his untimely death, in 1990, at age 50, he was supervisor of the Department of Transportation's 5th District; and
WHEREAS, after his death, the department initiated the "Albert S. Swindell Traffic Signal Award" in recognition of his accomplishments and service, which award is now presented annually to department employees statewide in recognition of outstanding work with traffic signal maintenance and installation operations; and
WHEREAS, he was a veteran ofthe United States Air Force and the Army National Guard, a dedicated family man, and a leader in Little Rock Missionary Baptist Church; and
WHEREAS, it is only fitting and proper that his memory be honored by this state in the community in which he lived.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that SR 196 in Long County is hereby designated as Albert Shelton Swindell Memorial Highway, and the Department of Transportation is authorized and directed to erect and maintain appropriate signs so identifying the same.
BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is authorized and directed to transmit appropriate copies of this resolution to the Department of Transportation and the family of the late Albert Shelton Swindell.
Approved June 4, 2003.

924______GENERAL ACTS AND RESOLUTIONS, VOL. I________
ROD SMITH MEMORIAL GARDEN; DESIGNATED.
No. 408 (House Resolution No. 175).
A RESOLUTION
Recognizing Boyd Rodney "Rod" Smith and designating the Rod Smith Memorial Garden; and for other purposes.
WHEREAS, Boyd Rodney "Rod" Smith was born in Jefferson, Georgia, in Jackson County on September 29, 1945, the son of Mr. and Mrs. Boyd Smith; and
WHEREAS, he was raised in Jefferson, Georgia, and attended Jackson County High School; and had the distinguished honor of being Valedictorian as well as Star Student for the Jefferson High School Class of 1963; and
WHEREAS, Mr. Smith began his employment with the Department of Transportation in May, 1964, as an Engineering Aide and subsequently earned an Associate Degree in Civil Engineering from Southern Technical Institute having graduated with Honors in 1968; and
WHEREAS, Mr. Smith returned to the Department of Transportation in 1974 as a Civil Engineering Technologist; and
WHEREAS, during his tenure as a career Department of Transportation employee, Mr. Smith rendered outstanding and faithful service in Construction Staking, Construction Supervision, Environmental Analysis, and, lastly, as the Roadside Enhancement Coordinator for the Gainesville District; and
WHEREAS, Mr. Smith was well recognized and highly acclaimed as an expert in wildflower propagation and was creator of the Elachee Watchers, a birding and naturalist society; and
WHEREAS, Mr. Smith was killed suddenly in an on-the-job automobile accident on April 22, 1994; and
WHEREAS, all of his many friends both inside and outside of the Department of Transportation are deeply saddened by Mr. Smith's death and express their sincere sympathy to his wife Andrea; his stepson Andrew M. Forrester; his two brothers Hammond Smith and James Harold Smith; and his sister Rebecca Ingram; and
WHEREAS, by resolution ofthe State Transportation Board adopted September 15, 1994, a wildflower garden in the median of State Route 60 (Queen City Parkway) in Gainesville, Georgia, north of 1-985, was designated as the "Rod Smith Memorial

____________GEORGIA LAWS 2003 SESSION________925
Garden," but this area is no longer used as a wildflower garden and it is fitting to designate a more appropriate memorial to Mr. Smith.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that in order to express appreciation to Mr. Smith, the wildflower garden in the median of Jesse Jewell Parkway, known as the 129 Bypass, in Gainesville, Georgia, shall be designated as the "Rod Smith Memorial Garden" and the Department of Transportation is authorized to erect and maintain signs so designating the wildflower garden.
BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is authorized and directed to transmit an appropriate copy of this resolution to the family of Mr. Smith.
Approved June 4, 2003.
CHARLES F. HATCHER HIGHWAY; DESIGNATED.
No. 409 (House Resolution No. 212).
A RESOLUTION
Designating the Charles F. Hatcher Highway; and for other purposes.
WHEREAS, Charles F. Hatcher is a distinguished native Georgian who served his state and the nation with the utmost ability as a member of the Georgia House of Representatives from 1973-1980 and as a member of the Georgia delegation to the United States House of Representatives representing the second congressional district from 1981-1992; and
WHEREAS, he was born in Doerun, Georgia, on July 1,1939; served in the United States Air Force from 1958-1962; earned his B.S. at Georgia Southern College in 1965 and his J.D. at the University of Georgia in 1969; and practiced law in Albany, Georgia; and
WHEREAS, in the Georgia House he held key committee appointments, serving on the Appropriations Committee as vice chair of the State Regulatory Agencies Subcommittee; the Judiciary Committee as secretary and as chair of the General Law and Procedure Subcommittee; and the Ways and Means Committee as chair of the Real and Intangible Tax Subcommittee; and he was member of the Georgia Tax Reform Commission 1978-1980; and

926______GENERAL ACTS AND RESOLUTIONS, VOL. I_________
WHEREAS, in Congress he was a member of the agriculture and the small business committees, and his years of leadership benefited greatly Georgia's farmers and agribusiness.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the portion of S.R. 37 in Baker County between Newton and Elmodel be designated the Charles F. Hatcher Highway in honor of his public service, and the Department of Transportation is directed to place and maintain appropriate markers.
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 and to Charles F. Hatcher.
Approved June 4, 2003.
SONNY DIXON INTERCHANGE; DESIGNATED.
No. 410 (House Resolution No. 213).
A RESOLUTION
Designating the Sonny Dixon Interchange; and for other purposes.
WHEREAS, the Honorable Sonny Dixon is well remembered as a colleague and good friend to many members of this legislative body where he served with dedication and ability from 1989 until 1997; and
WHEREAS, he is a native of Savannah, Georgia, served on the Garden City Council for two terms of office, and held key committee assignments as a member of the Georgia House of Representatives, particularly as a member of the Reapportionment, Industry, Transportation, Rules, and Appropriations Committees; and
WHEREAS, he chaired the Public Utilities Subcommittee on Industry and the State Highways Systems Subcommittee on Transportation, and his careful attention to his duties and responsibilities significantly benefited Savannah's business and industry; and
WHEREAS, it is most appropriate to recognize the fine contributions made by this honorable statesman on behalf of his community and state and to pay tribute to him in perpetuity.

_____________GEORGIA LAWS 2003 SESSION___________927
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the intersection of SR 21 and Jimmy Deloach Parkway is hereby designated the Sonny Dixon Interchange in honor of the contributions of this former legislator and civic leader and the Department of Transportation is authorized and directed to erect and maintain signs so designating the interchange.
BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is authorized and directed to transmit appropriate copies of this resolution to the Department of Transportation and to the Honorable Sonny Dixon.
Approved June 4, 2003.
SEARCH AND RESCUE DOG MEMORIAL MONUMENT; ERECTED.
No. 411 (House Resolution No. 357).
A RESOLUTION
Recognizing America's search and rescue dogs, commending their handlers and related organizations, and authorizing and directing the erection of a monument in honor thereof at the southwest corner of the Department of Agriculture building across from Capitol Square; and for other purposes.
WHEREAS, in the wake of the tragedy in New York City on September 11, 2001, many specially trained search and rescue dogs and their handlers selflessly searched through the wreckage of Ground Zero for injured victims and the remains of the deceased; and
WHEREAS, the American Kennel Club generously provided the financial assistance to secure food, shelter, supplies, and veterinary care for these human and canine heroes and established a fund to care for these special search and rescue dogs and their handlers who diligently volunteered their time and energy for a prolonged rescue and recovery period; and
WHEREAS, the use of search and rescue dogs is another compelling example of why the dog is truly "Man's Best Friend"; and
WHEREAS, the American Kennel Club has established a permanent fund, the "AKC Companion Animal Recovery (CAR) Canine Support and Relief Fund," to continue to care for and support search and rescue dogs and their handlers throughout the nation wherever tragedy should strike; and

928______GENERAL ACTS AND RESOLUTIONS, VOL. I_________
WHEREAS, numerous organizations in Georgia have contributed to this fund in order to support search and rescue activities in Georgia and the nation; and
WHEREAS, these organizations have commissioned a bronze German Shepherd Dog mounted on Georgia granite as a memorial and gift to the citizens of Georgia.
NOW THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the members of this body recognize America's search and rescue dogs and their handlers for their valiant efforts following the tragic events of September 11, 2001, and commend the following organizations for their contributions: Atlanta Kennel Club, Augusta Kennel Club, Conyers Kennel Club of Georgia, Lawrenceville Kennel Club, Macon Kennel Club, Sawnee Mountain Kennel Club of Georgia, and the Valdosta Kennel Club; and also the Atlanta Doberman Pinscher Club, Atlanta Terrier Club, Cavalier King Charles Spaniel Club of Greater Atlanta, Chattahoochee Weimaraner Club, Chihuahua Club of Atlanta, Cocker Spaniel Specialty Club of Georgia, Dachshund Club of Metro Atlanta, Dalmatian Club of Greater Atlanta, Dogwood Rottweiler Club of Metro Atlanta, German Shepherd Dog Club of Atlanta, German Shorthaired Pointer Club of Atlanta, Gordon Setter Club of Greater Atlanta, Great Dane Club Mid-South, Greater Swiss Mountain Dog Club, Irish Setter Club of Georgia, Metro Atlanta Samoyed Club, Metro Atlanta Whippet Club Association, North Georgia Hound Association, Pekingese Club of Georgia, Pembroke Welsh Corgi Club of Greater Atlanta, Shetland Sheepdog Club of Georgia, Siberian Husky Club of Greater Atlanta, Tara Afghan Hound Club, West Highland White Terrier Club of Greater Atlanta, and Georgia Veterinary Medical Association.
BE IT FURTHER RESOLVED that the State Properties Commission is authorized and directed to accept on behalf of the state such gift of a memorial monument of a bronze German Shepherd Dog mounted on Georgia granite upon presentation thereof and to provide for erection of the same with an accompanying plaque for permanent display within the grassy area at the southwest corner of the Department of Agriculture building across from Capitol Square at the intersection of Martin Luther King, Jr., Drive and Washington Street.
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 American Kennel Club and the Atlanta Kennel Club.
Approved June 4, 2003.

_____________GEORGIA LAWS 2003 SESSION___________929
JOINT MARTA FINANCE STUDY COMMITTEE; CREATED.
No. 412 (House Resolution No. 397).
A RESOLUTION
Creating the Joint MARTA Finance Study Committee; and for other purposes.
WHEREAS, the Metropolitan Atlanta Rapid Transit Authority was created by an Act approved March 10, 1965 (Ga. L. 1965, p. 2243); and
WHEREAS, since its inception, MARTA has grown to become a regional transportation system while the costs of maintaining and improving the MARTA system fall disproportionately on the citizens and taxpayers of the City of Atlanta, Fulton County, and DeKalb County; and
WHEREAS, there is a need to review the laws relating to MARTA so as to develop a proposal for a more fair and equitable funding formula which is appropriate and necessary for MARTA's continued financial stability and success in fulfilling its responsibilities as a critical regional transportation system.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that there is created the Joint MARTA Finance Study Committee to be composed of thirteen members. The Speaker of the House of Representatives shall appoint three members of the House of Representatives from the metropolitan Atlanta area as members of the committee and shall designate one of such members as cochairperson. The Senate Committee on Assignments shall appoint three members of the Senate from the metropolitan Atlanta area as members of the committee and shall designate one of such members as cochairperson. The Governor shall appoint three persons from the metropolitan Atlanta area who are not members of the General Assembly as members of the committee. The chief executive officer of DeKalb County, the chairperson of the Fulton County Commission, and the mayor of the City of Atlanta shall serve as members of the committee. The MARTA Board of Directors shall select a MARTA Board member to serve as a member of the committee. The cochairpersons shall call all meetings of the committee.
BE IT FURTHER RESOLVED that the committee shall undertake a comprehensive study of the conditions, needs, issues, and problems mentioned above or related thereto and recommend any action or legislation which the committee deems necessary or appropriate. The committee may conduct such meetings at such places and at such times as it may deem necessary or convenient to enable it to exercise fully and effectively its powers, perform its duties, and accomplish the objectives and purposes of this resolution. The legislative members of the committee shall receive the allowances provided for in Code Section 28-1-8

930______GENERAL ACTS AND RESOLUTIONS, VOL. I_________
of the O.C.G.A. Nonlegislative members of the committee who are not public officials or 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 nonlegislative public official or employee on the committee shall receive no compensation from legislative funds but may be reimbursed for expenses actually incurred. All funds necessary to carry out the provisions of this resolution shall come from funds appropriated to the House of Representatives and the Senate. The expenses and 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. 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 1,2003. The committee shall stand abolished on December 1,2003.
Approved June 4, 2003.
GAMALIEL HILSON MEMORIAL OVERPASS; DESIGNATED.
No. 413 (House Resolution No. 406).
A RESOLUTION
Designating that overpass between Commercial Heights and SR 96 East in the City of Fort Valley which connects U.S. 341 and SR 96 East as the Gamaliel Hilson Memorial Overpass; and for other purposes.
WHEREAS, Gamaliel Hilson was known and respected by the citizens of Fort Valley and the State of Georgia for his commitment to his community and for his service to his fellow citizens; and
WHEREAS, he was active in many church and civic endeavors and was a dedicated husband and father; and
WHEREAS, in 1985, through the cooperative efforts of the Department of Transportation and the City of Fort Valley, an overpass was constructed between Commercial Heights and SR 96 East in the City of Fort Valley, connecting U.S. 341 and SR 96 East; and
WHEREAS, this overpass was constructed as a result of the dedicated efforts, concern, and leadership of Gamaliel Hilson and his recognition of the lack of adequate emergency access to the eastern portions of the City of Fort Valley; and

_____________GEORGIA LAWS 2003 SESSION_________931
WHEREAS, it is only fitting and proper that Gamaliel Hilson be recognized for his contributions to the City of Fort Valley and the State of Georgia.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the overpass between Commercial Heights and SR 96 East in the City of Fort Valley which connects U.S. 341 and SR 96 East is designated the Gamaliel Hilson Memorial Overpass, and the Department of Transportation is authorized and directed to erect and maintain appropriate signs so identifying the overpass.
BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is authorized and directed to transmit appropriate copies of this resolution to the family of Gamaliel Hilson and to the Department of Transportation.
Approved June 4, 2003.
EARL T. SHINHOSTER INTERCHANGE AND BRIDGE; DESIGNATED.
No. 414 (Senate Resolution No. 6).
A RESOLUTION
Designating the Earl T. Shinhoster Interchange and Bridge; and for other purposes.
WHEREAS, Earl T. Shinhoster was a dynamic leader and active participant in civic affairs in his community and the State of Georgia; and
WHEREAS, this tolerant and soft-spoken leader devoted his time to noble and worthy causes, serving as regional director of the NAACP in Atlanta and later as interim head of the national organization; and
WHEREAS, his dedication and service in civic affairs continued through his service as the chair of the Georgia state delegation to the National Summit on Africa; and
WHEREAS, Earl T. Shinhoster was a lifelong champion of civil rights and voter empowerment who believed in freedom, justice, and equality for all citizens; and
WHEREAS, it is only fitting and proper that the State of Georgia pay tribute to this exceptional leader.

932_______GENERAL ACTS AND RESOLUTIONS, VOL. I________
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the Interstate 16 interchange, Exit 167, at Martin Luther King, Jr., Boulevard including the bridge over Martin Luther King, Jr., Boulevard is designated the Earl T. Shinhoster Interchange and Bridge, and the Department of Transportation is authorized and directed to erect and maintain signs so designating the interchange and bridge.
BE IT FURTHER RESOLVED that the Secretary of the Senate is authorized and directed to transmit appropriate copies of this resolution to the Shinhoster family and to the Department of Transportation.
Approved June 4, 2003.
BLUE RIBBON COMMISSION ON RESPONSE, INVESTIGATION, AND PROSECUTION OF SEXUAL OFFENSES; CREATED.
No. 415 (Senate Resolution No. 35).
A RESOLUTION
Creating the Blue Ribbon Commission on Response, Investigation, and Prosecution of Sexual Offenses; to provide for the commission's membership, powers, duties, mission, compensation, and expenses; to provide for related matters; and for other purposes.
WHEREAS, it is the expressed will of the General Assembly to address the serious problems faced by victims, law enforcement, and prosecutors on the occurrence of sexual assault; and
WHEREAS, occurrences of sexual assault continue to escalate against women and men with long lasting detrimental effects on the victim, his or her family, and the community; and
WHEREAS, the Criminal Justice Coordinating Council has found that victims of sexual assault may often receive incomplete or no information regarding their rights as victims; and
WHEREAS, the local investigating law enforcement agencies bear the cost of investigation, often challenged by limited funding, resource options, and training; and

_____________GEORGIA LAWS 2003 SESSION___________933
WHEREAS, the absence of physical evidence often hampers prosecution efforts; and
WHEREAS, nonprofit organizations currently play an essential and active role in the support of criminal investigations and prosecution of sexual assault offenses and provide educational resources to medical professions and law enforcement on issues related to sexual offenses throughout Georgia; and
WHEREAS, the current economic circumstances demand coordination of funding, investigation, and education efforts on state and local levels to maximize resources available to respond to sexual assault offenses; and
WHEREAS, an opportunity should be provided for public debate and consideration of options for improving the response to sexual assault offenses in Georgia; to make specific recommendations for improving education, training, victim care, investigation, and prosecution; to develop benchmarks for assessing progress toward such goals; to consider whether a state sponsored program of Sexual Assault Nurse Examiners can be implemented; and to consider what measures can be taken to ensure a better response to sexual assault offenses in Georgia in the future.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that there is created the Blue Ribbon Commission on Response, Investigation, and Prosecution of Sexual Offenses to be composed of 15 members, as follows: two members appointed by the Governor, three members of the Senate to be appointed by the Lieutenant Governor, three members of the House of Representatives to be appointed by the Speaker of the House of Representatives, the director of the Georgia Bureau of Investigation or his or her designee, the director of the Georgia Public Safety Training Center or his or her designee, the director of the Prosecuting Attorney' s Council of Georgia or his or her designee, the commissioner of the Department of Community Health or his or her designee, the director of the Criminal Justice Coordinating Council or his or her designee, the President of the Georgia Board of Nursing or his or her designee, and the director of the Georgia Network to End Sexual Assault or his or her designee. If an elected or appointed public officer leaves office, a vacancy shall be created in such position on the commission. Such a vacancy and any other vacancy shall be filled in the same manner as the initial designation or appointment. The Lieutenant Governor and the Speaker of the House of Representatives shall each designate a member of the commission to serve as cochairpersons of the commission. The commission shall meet at the call of the cochairpersons.
BE IT FURTHER RESOLVED that in addition to normal legislative support services, the commission shall make use of staff support services provided by the Department of Community Health.

934______GENERAL ACTS AND RESOLUTIONS, VOL. I______
BE IT FURTHER RESOLVED that the commission shall undertake a study of the conditions, needs, issues, and problems mentioned above or related thereto and recommend any actions or legislation which the commission deems necessary or appropriate. The commission may conduct such meetings at such places and at such times as it may deem necessary or convenient to enable it to exercise fully and effectively its powers, perform its duties, and accomplish the objectives and purposes of this resolution. The legislative members of the commission shall receive the allowances provided for in Code Section 28-1-8, but shall receive the same for not more than five days unless additional days are authorized. The members of the commission who are not legislative members and who are not public employees shall receive no compensation for their services on the commission, but they shall receive a daily expense allowance in the amount specified in subsection (b) of Code Section 45-7-21. The members of the commission who are public employees shall receive no compensation for their services on the commission but may be reimbursed for expenses by their respective employers. The funds necessary to carry out the provisions of this resolution shall come from the funds appropriated to or otherwise available to the Senate and House of Representatives. The commission shall publish a written report on its progress on or before December 1,2003, for the 2004 session of the General Assembly and shall include any recommendations of any actions or legislation which the commission deems necessary or appropriate. This commission shall stand abolished on July 1,2004.
Approved June 4, 2003.
THELMA "T-LADY" ROSS BRIDGE; VETERANS MEMORIAL HIGHWAY; DEAN BRYANT INTERSECTION; DESIGNATED.
No. 416 (Senate Resolution No. 67).
A RESOLUTION
Designating the Thelma "T-Lady" Ross Bridge at the Interstate 75 South and U.S. 80 interchange in Macon; commending the Military Veterans of Banks County and designating the Veterans Memorial Highway; Designating the Dean Bryant Intersection; and for other purposes.
PARTI
WHEREAS, Thelma Daniels Ross, known affectionately as "T-Lady," served Mercer University for 52 years until she passed from this life on August 12, 2001; and

_____________GEORGIA LAWS 2003 SESSION___________935
WHEREAS, with her passing, Mercer has lost one of its truly great treasures whose name became synonymous with that of the university; and
WHEREAS, whether she was working in the dining hall or the snack bar which she ultimately managed, she gave unselfishly to the university and the students she loved; and
WHEREAS, she was a strong proponent of scholarship and academic achievement, and she stressed the importance of education to all students she encountered; and
WHEREAS, it is only fitting and proper that her memory be honored by the General Assembly.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the bridge at the Interstate 75 South and U.S. 80 interchange in Macon is designated the Thelma "T-Lady" Ross Bridge, and the Department of Transportation is authorized and directed to erect and maintain signs so identifying the bridge.
BE IT FURTHER RESOLVED that the Secretary of the Senate is authorized and directed to transmit appropriate copies of this resolution to the Department of Transportation and the family of Thelma Daniels Ross.
PART II WHEREAS, our nation's security continues to rely on patriotic men and women who put their personal lives on hold in order to place themselves in harm's way to protect the freedoms that all United States citizens cherish; and
WHEREAS, many residents of Banks County have diligently and conscientiously served their country with honor and distinction as members of the United States armed forces; and
WHEREAS, their fortitude, bravery, and courage stand as a shining tribute to the strength of human spirit and willpower, and it is abundantly fitting and proper that the outstanding accomplishments of these remarkable and distinguished Americans be recognized appropriately.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the members of this body commend the Military Veterans of Banks County for their efficient, effective, unselfish, and dedicated public service to the citizens of their country and state and extend to them their most profound and sincere appreciation for all members of the United States military who stand ever ready to lay the ultimate sacrifice upon the altar of freedom.

936______GENERAL ACTS AND RESOLUTIONS, VOL. I_______
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the Highway 441 bypass around the City of Homer be designated the Veterans Memorial Highway.
BE IT FURTHER RESOLVED that the Department of Transportation is authorized and directed to place and maintain appropriate markers designating the Veterans Memorial Highway.
BE IT FURTHER RESOLVED that the Secretary of the Senate is authorized and directed to transmit an appropriate copy of this resolution to the Banks County American Legion Post 215.
PART HI
WHEREAS, Dean Bryant was born in Lumpkin County, Georgia, on February 9, 1933, and has lived all of his life very near the intersection of Highway 115 and Highway 52 in that county; and
WHEREAS, he attended school in Lumpkin County where he participated in many activities, including basketball; and
WHEREAS, he was called to be a minister in the Baptist Church in 1950 and has been a faithful pastor of 16 Baptist churches across northeast Georgia for the past 52 years; and
WHEREAS, "Preacher" Dean Bryant has faithfully visited the sick on a daily basis for many years in their homes and in the area hospitals; and
WHEREAS, he married the former Barbara Manly and they raised three children in Lumpkin County in a home near the intersection of Highway 115 and Highway 52; and
WHEREAS, in fact, there have been very few days during his lifetime that Dean Bryant has not traveled through this intersection; and
WHEREAS, it is fitting and proper that this highway intersection be named for Dean Bryant in whose life it has figured so prominently and who has distinguished himself in kindness to his neighbors in Lumpkin County.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the intersection of Highway 115 and Highway 52 in Lumpkin County, east of Dahlonega, Georgia, is designated the Dean Bryant Intersection.
BE IT FURTHER RESOLVED that the Department of Transportation is authorized and directed to erect and maintain appropriate signs designating such intersection.

____________GEORGIA LAWS 2003 SESSION__________937
BE IT FURTHER RESOLVED that the Secretary of the Senate is authorized and directed to transmit an appropriate copy of this resolution to Dean Bryant and the Department of Transportation.
Approved June 4, 2003.
DAN J. DELOACH HIGHWAY; DESIGNATED.
No. 417 (Senate Resolution No. 69).
A RESOLUTION
Designating SR 94 in Echols County as the Dan J. DeLoach Highway and extending sympathy to the family of the late Mr. DeLoach; and for other purposes.
WHEREAS, the late Dan J. DeLoach distinguished himself in his public service to the citizens of Echols County and the south Georgia region as the last state senator from Echols County who served from 1961-1962 and also as state representative from 1965-1966. He also served as county judge and as a member of the Echols County Board of Commissioners for five terms; and
WHEREAS, in his capacity as county commissioner, he was instrumental in the growth and development of Echols County, including the recruitment of industry, paving of roads, improvements to recreational facilities, and construction of the Echols County Health Department and Senior Citizens Center; and
WHEREAS, Mr. DeLoach served with distinction and honor as a member of the Board of Directors of the Coastal Plains Area Planning and Development Commission and the South Georgia Regional Development Center. He dependably drove a county school bus for 31 years and humbly kept the score board at the high school basketball games for 42 years; and
WHEREAS, Mr. DeLoach epitomized the character of the southern farmer, whose lifestyle requires persistence, dedication, integrity, and hard work; and
WHEREAS, Mr. DeLoach further distinguished himself as a father and husband, raising three children, seventeen grandchildren, and four great-grandchildren during his 58 years of marriage to his devoted wife and partner, Gladys Rewis DeLoach.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that SR 94 in Echols County is hereby designated as the Dan J. DeLoach Highway to honor the memory of this distinguished public servant, and

938______GENERAL ACTS AND RESOLUTIONS, VOL. I_______
the Department of Transportation is authorized and directed to erect and maintain signs so identifying the highway.
BE IT FURTHER RESOLVED that the General Assembly extends its sympathy to the family of the late Dan J. DeLoach following his death on June 10, 1999.
BE IT FURTHER RESOLVED that the Secretary of the Senate is authorized and directed to transmit an appropriate copy of this resolution to the family of Dan J. DeLoach.
Approved June 4, 2003.
BYRD M. BRUCE INTERCHANGE; DESIGNATED.
No. 418 (Senate Resolution No. 90).
A RESOLUTION
Commending Byrd M. Bruce and designating the Byrd M. Bruce Interchange; and for other purposes.
WHEREAS, Byrd M. Bruce has long been recognized by the citizens of the City of Jefferson and Hall County for the vital role that he has played in leadership and his deep personal commitment to the welfare of the citizens of this state; and
WHEREAS, he has diligently and conscientiously devoted innumerable hours of his time, talents, and energy toward the betterment of his state as evidenced dramatically by his 28 years of superlative service as city councilman and mayor; and
WHEREAS, his significant organizational and leadership talents, his remarkable patience and diplomacy, his keen sense of vision, and his sensitivity to the needs of the citizens of his community have earned him the respect and admiration of his colleagues and associates; and
WHEREAS, he is a person of magnanimous strengths with an unimpeachable reputation for integrity, intelligence, fairness, and kindness; and
WHEREAS, it is abundantly fitting and proper that the outstanding accomplishments of this remarkable and distinguished Georgian be appropriately recognized.

_____________GEORGIA LAWS 2003 SESSION___________939
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the members of this body commend Byrd M. Bruce for his almost three decades of efficient, effective, unselfish, and dedicated public service to the citizens of his community and state.
BE IT FURTHER RESOLVED that the intersection of Interstate 85 and U.S. Highway 129 in the City of Jefferson be designated the Byrd M. Bruce Interchange.
BE IT FURTHER RESOLVED that the Department of Transportation is authorized and directed to place and maintain appropriate markers designating the Byrd M. Bruce Interchange.
BE IT FURTHER RESOLVED that the Clerk of the House is authorized and directed to transmit an appropriate copy of this resolution to Byrd M. Bruce.
Approved June 4, 2003.
STATE PROPERTY - EASEMENTS GRANTED; PROPERTY CONVEYED.
No. 419 (Senate Resolution No. 120).
A RESOLUTION
Authorizing the granting of nonexclusive 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, Bibb, Cherokee, Clarke, Crisp, Floyd, Forsyth, Glynn, Habersham, Hall, Jasper, McDuffie, Mclntosh, Morgan, Randolph, and Screven Counties, Georgia, and Hamilton County, Tennessee; authorizing the conveyance of certain property located in Colquit County, Paulding County, and White County; to repeal conflicting laws; and for other purposes.
WHEREAS, the State of Georgia is the owner of certain real property located in Baldwin, Bibb, Cherokee, Clarke, Crisp, Floyd, Forsyth, Glynn, Habersham, Hall, Jasper, McDuffie, Mclntosh, Morgan, Randolph, and Screven Counties, Georgia, and Hamilton County, Tennessee; and
WHEREAS, Baldwin County, SED-Gray, LLC, Athens-Clarke County, the City of Cordele, the Atlanta Gas Light Company, Forsyth County, the City of Alto, the City of Gainesville, the Municipal Electric Authority of Georgia, the City of Thomson, Georgia Power Company, Siguard Kviten, the Tennessee Department of Transportation, the Tennessee Valley Authority, the City of Canton, Cherokee

940______GENERAL ACTS AND RESOLUTIONS, VOL. I________
County, the City of Cuthbert, and Screven County 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/or approved by the Georgian Forestry Commission, Department of Defense, Department of Natural Resources, Department of Juvenile Justice, Department of Human Resources, Department of Technical and Adult Education, Department of Corrections, Department of Motor Vehicles, and the State Properties Commission with respect to property under the jurisdiction of their respective departments; and
WHEREAS: (1) The State of Georgia is the owner of certain parcels of real property located in Colquitt County, Georgia; (2) Said real property is all that tract or parcel of land lying and being in Land Lot 246 of the 8th Land District of Colquitt County, Georgia, as shown on a plat of survey entitled "Doc Darbyshire Road Co. Rd. #239" dated May 19, 2002, and prepared by Jerry S. Lindsey, Georgia Registered Land Surveyor #2626 containing 1.31 acres and being on file in the offices of the State Properties Commission, and may be more particularly described on a plat of survey prepared by a Georgia Registered Land Surveyor and presented to the State Properties Commission for approval; (3) Said property is under the custody of the Department of Technical and Adult Education and is a portion of Moultrie Technical College; (4) Colquitt County is desirous of acquiring the above-described property in order to widen and improve Doc Darbyshire Road; (5) The Department of Technical and Adult Education has no objection to the conveyance of the above-described property to Colquitt County for the purpose of making road improvements; and
WHEREAS: (1) The State of Georgia is the owner of certain parcels of real property located in Paulding County, Georgia; (2) Said real property is all that tract or parcel of land lying and being in Land Lot 1249 of the 3rd Land District 3rd Section of Paulding County, Georgia, as shown on a plat of survey entitled "New Hope First Baptist Church" dated February 26, 2003, and prepared by Cecil R. Kelly, Georgia Registered Land Surveyor #2011 containing 0.402 of one acre and being on file in the offices of the State Properties Commission, and may be more particularly described on a plat of survey prepared by a Georgia Registered Land Surveyor and presented to the State Properties Commission for approval; (3) Said property is under the custody of the Department of Natural Resources and is a portion of the Pickett's Mill State Historic Site, New Hope Marker;

_____________GEORGIA LAWS 2003 SESSION___________941
(4) New Hope First Baptist Church adjoins the above mentioned historic site and is desirous of acquiring a portion of the site for use as a portion of their parking lot; (5) The Department of Natural Resources has no objection to the conveyance of the above-described property to New Hope First Baptist Church for the above stated purpose; and
WHEREAS: (1) The State of Georgia is the owner of certain parcels of real property located in White County, Georgia; (2) Said real property is all that tract or parcel of land lying and being in Land Lot 162 of the 3rd Land District of White County, Georgia, as shown on a White County Tax Plat #24 and containing approximately 5 acres and being on file in the offices of the State Properties Commission, and may be more particularly described on a plat of survey prepared by a Georgia Registered Land Surveyor and presented to the State Properties Commission for approval; (3) Said property is under the custody of the Department of Human Resources and is a portion of the White County Outdoor Therapeutic Center; (4) The above-described property is not contiguous to the White County Outdoor Therapeutic Center and is separated by Loudsville Road; (5) The adjoining property owners John Tarpley Head, Jr., and Tim Ravan have expressed an interest in acquiring the above-described property; (6) The Department of Human Resources has no objection to the conveyance of the above-described property.
NOW, THEREFORE, BE IT RESOLVED AND ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
ARTICLE I SECTION 1.
That the State of Georgia is the owner of the hereinafter described real property in Baldwin 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 2. That the State of Georgia, acting by and through its State Properties Commission, may grant to Baldwin County, or its successors and assigns, a nonexclusive easement for the operation and maintenance of a water line in, on, over, under, upon, across, or through the easement area for the purpose of 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

942______GENERAL ACTS AND RESOLUTIONS, VOL. I_______
located in the 320th GMD of Baldwin County, Georgia, and is more particularly described as follows:
That portion and that portion only as shown in yellow on a drawing dated December 13, 2001, prepared by Ingram & Watkins, LLC Consulting Engineers 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 sewer line.
SECTION 4. That Baldwin County shall have the right to remove or cause to be removed from said easement area only such trees and bushes as may be reasonably necessary for the proper operation and maintenance of said water line.
SECTION 5. That, after Baldwin County has put into use the water line for which this easement is granted, a subsequent abandonment of the use thereof shall cause a reversion to the State of Georgia, or its successors and assigns, of all the rights, title, privileges, powers, and easement granted herein. Upon abandonment, Baldwin County, or its successors and assigns, shall have the option of removing their facilities from the easement area or leaving the same in place, in which event the utility shall become the property of the State of Georgia, or its successors and assigns.
SECTION 6. That no title shall be conveyed to Baldwin County and, except as herein specifically granted to Baldwin County, all rights, title, and interest in and to said easement area is reserved in the State of Georgia, which may make any use of said easement area not inconsistent with or detrimental to the rights, privileges, and interest granted to Baldwin County.
SECTION 7. That 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 Baldwin County shall remove or relocate its facilities to the alternate easement area at its sole cost and expense, unless the State Properties Commission determines that the requested removal or

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relocation is to be for the sole benefit of the State of Georgia and approves payment by the State of Georgia of all or a portion of such actual cost and expense, not to exceed by 20 percent the amount of a written estimate provided by Baldwin County. Upon written request, the State Properties Commission, in its sole discretion, may permit the relocation of the facilities to an alternate site on state owned land so long as the removal and relocation is paid by the party or parties requesting such removal and at no cost and expense to the State of Georgia.
SECTION 8. That the easement granted to Baldwin County shall contain such other reasonable terms, conditions, and covenants as the State Properties Commission shall deem in the best interest of the State of Georgia and that the State Properties Commission is authorized to use a more accurate description of the easement area, so long as the description utilized by the State Properties Commission describes the same easement area herein granted.
SECTION 9. 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 10. That this grant of easement shall be recorded by the grantee in the Superior Court of Baldwin County and a recorded copy shall be forwarded to the State Properties Commission.
SECTION 11. That the authorization in this resolution to grant the above-described easement to Baldwin County shall expire three years after the date that this resolution becomes effective.
SECTION 11 A. This resolution does not affect and is not intended to affect any right, powers, interest, or liability of the Department of Transportation with respect to the state highway system, or of a county with respect to the county road system or of a municipality with respect to the city street system. The grantee shall obtain any and all other required permits from the appropriate governmental agencies as are necessary for its lawful use oftrie easement area or public highway right ofway and comply with all applicable state and federal environmental statutes in its use of the easement areas.
SECTION 12. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect the grant of the easement area.

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ARTICLE II SECTION 13.
That the State of Georgia is the owner of the hereinafter described real property in Clarke 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 14. That the State of Georgia, acting by and through its State Properties Commission, may grant to Athens/Clarke County, or its successors and assigns, a nonexclusive easement for the operation and maintenance of a sanitary sewer line in, on, over, under, upon, across, or through the easement area for the purpose of maintaining, repairing, replacing, inspecting, and operating a sanitary sewer 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 the 216th GMD of Clarke County, Georgia, and is more particularly described as follows:
That portion and that portion only as shown in yellow on a plat of survey dated February 3, 1999, prepared by J. R. Holland, Georgia Registered Land Surveyor # 1087 the and on file in the offices of the State Properties Commission,' and may be more particularly described by a plat of survey prepared by a Georgia Registered Land Surveyor and presented to the State Properties Commission for approval.
SECTION 15. That the above-described premises shall be used solely for the purpose of installing, maintaining, repairing, replacing, inspecting, and operating said sanitary sewer line.
SECTION 16. That Athens/Clarke 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 operation and maintenance of said sanitary sewer line.
SECTION 17. That, after the Athens/Clarke County has put into use the sanitary sewer line for which this easement is granted, a subsequent abandonment of the use thereof shall cause a reversion to the State of Georgia, or its successors and assigns, of all the rights, title, privileges, powers, and easement granted herein. Upon abandonment, Athens/Clarke County, or its successors and assigns, shall have the option of removing their facilities from the easement area or leaving the same in place, in which event the utility shall become the property of the State of Georgia, or its successors and assigns.

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SECTION 18. That no title shall be conveyed to Athens/Clarke County and, except as herein specifically granted to Athens/Clarke 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 Athens/Clarke County.
SECTION 19. That if the State of Georgia, acting by and through its State Properties Commission, determines that any or all of the facilities placed on the easement area should be removed or relocated to an alternate site on state owned land in order to avoid interference with the state's use or intended use of the easement area, it may grant a substantially equivalent nonexclusive easement to allow placement of the removed or relocated facilities across the alternate site, under such terms and conditions as the State Properties Commission shall in its discretion determine to be in the best interests of the State of Georgia, and Athens/Clarke 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 Athens/Clarke 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 20. That the easement granted to Athens/Clarke 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 21. 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 22. That this grant of easement shall be recorded by the grantee in the Superior Court of Clarke County and a recorded copy shall be forwarded to the State Properties Commission.

946______GENERAL ACTS AND RESOLUTIONS, VOL. I________
SECTION 23. That the authorization in this resolution to grant the above-described easement to Athens/Clarke County shall expire three years after the date that this resolution becomes effective.
SECTION 23A. This resolution does not affect and is not intended to affect any right, powers, interest, or liability of the Department of Transportation with respect to the state highway system, or of a county with respect to the county road system or of a municipality with respect to the city street system. The grantee shall obtain any and all other required permits from the appropriate governmental agencies as are necessary for its lawful use of the easement area or public highway right of way and comply with all applicable state and federal environmental statutes in its use of the easement areas.
SECTION 24. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect the grant of the easement area.
ARTICLE III SECTION 25.
That the State of Georgia is the owner of the hereinafter described real property in Crisp 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 26. That the State of Georgia, acting by and through its State Properties Commission, may grant to the City of Cordele, or its successors and assigns, a nonexclusive easement for the construction, operation, and maintenance of a sanitary sewer manhole in, on, over, under, upon, across, or through the easement area for the purpose of constructing, erecting, installing, maintaining, repairing, replacing, inspecting, and operating a sanitary sewer manhole 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 228 of the 10th Land District of Crisp County, Georgia, and is more particularly described as follows:
That portion and that portion only as shown marked in yellow on a drawing prepared by Keck and Wood, Inc., dated February 12, 2002 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 27. That the above-described premises shall be used solely for the purpose of planning, constructing, erecting, installing, maintaining, repairing, replacing, inspecting, and operating said sanitary sewer manhole.
SECTION 28. That the City of Cordele 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 manhole.
SECTION 29. That, after the City of Cordele has put into use the sanitary sewer manhole 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 Cordele, or its successors and assigns, shall have the option of removing its facilities from the easement area or leaving the same in place, in which event the facility shall become the property of the State of Georgia or its successors and assigns.
SECTION 30. That no title shall be conveyed to the City of Cordele, and, except as herein specifically granted to the City of Cordele, 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 Cordele.
SECTION 31. That if the State of Georgia, acting by and through its State Properties Commission, determines that any or all of the facilities placed on the easement area should be removed or relocated to an alternate site on state owned land in order to avoid interference with the state's use or intended use of the easement area, it may grant a substantially equivalent nonexclusive easement to allow placement of the removed or relocated facilities across the alternate site, under such terms and conditions as the State Properties Commission shall in its discretion determine to be in the best interests of the State of Georgia, and the City of Cordele 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 Cordele. 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 32. That the easement granted to the City of Cordele shall contain such other reasonable terms, conditions, and covenants as the State Properties Commission shall deem in the best interest of the State of Georgia and that the State Properties Commission is authorized to use a more accurate description of the easement area, so long as the description utilized by the State Properties Commission describes the same easement area herein granted.
SECTION 33. That the consideration for such easement shall be $10.00 and such further consideration and provisions as the State Properties Commission may determine to be in the best interest of the State of Georgia.
SECTION 34. That this grant of easement shall be recorded by the grantee in the Superior Court of Crisp County and a recorded copy shall be forwarded to the State Properties Commission.
SECTION 35. That the authorization in this resolution to grant the above-described easement to the City of Cordele shall expire three years after the date that this resolution becomes effective.
SECTION 35A. This resolution does not affect and is not intended to affect any right, powers, interest, or liability of the Department of Transportation with respect to the state highway system, or of a county with respect to the county road system or of a municipality with respect to the city street system. The grantee shall obtain any and all other required permits from the appropriate governmental agencies as are necessary for its lawful use of the easement area or public highway right of way and comply with all applicable state and federal environmental statutes in its use of the easement areas.
SECTION 36. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect the grant of the easement area.
ARTICLE IV SECTION 37.
That the State of Georgia is the owner of the hereinafter described real property in Floyd 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 area, the State of Georgia is acting by and through its State Properties Commission.

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SECTION 38. 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 a natural gas line on, over, under, upon, across, or through the easement area for the purpose of constructing, erecting, installing, maintaining, repairing, replacing, inspecting, and operating a natural gas 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 200 of the 23rd Land District of Floyd County, Georgia, and is more particularly described as follows:
That portion and that portion only as shown in yellow on utility plan sheets C10, C11 and C12 entitled "Rome Probation Detention Center" prepared by Rainwater and Associates, dated May 31, 2002 and on file in the offices of the State Properties Commission,' and may be more particularly described by a plat of survey prepared by a Georgia Registered Land Surveyor and presented to the State Properties Commission for approval.
SECTION 39. That the above-described premises shall be used solely for the purpose of planning, constructing, erecting, installing, maintaining, repairing, replacing, inspecting, and operating said natural gas line.
SECTION 40. That Atlanta Gas Light 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 natural gas line.
SECTION 41. That, after Atlanta Gas Light Company has put into use the natural gas 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, 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 facility shall become the property of the State of Georgia or its successors and assigns.
SECTION 42. 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

950______GENERAL ACTS AND RESOLUTIONS, VOL. I_________
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 43. That if the State of Georgia, acting by and through its State Properties Commission, determines that any or all of the facilities placed on the easement area should be removed or relocated to an alternate site on state owned land in order to avoid interference with the state's use or intended use of the easement area, it may grant a substantially equivalent nonexclusive easement to allow placement of the removed or relocated facilities across the alternate site, under such terms and conditions as the State Properties Commission shall in its discretion determine to be in the best interests of the State of Georgia, and 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.
SECTION 44. That the easement 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 45. That the consideration for such easement shall be $10.00 and such further consideration and provisions as the State Properties Commission may determine to be in the best interest of the State of Georgia.
SECTION 46. That this grant of easement shall be recorded by the grantee in the Superior Court of Floyd County and a recorded copy shall be forwarded to the State Properties Commission.
SECTION 47. That the authorization in this resolution to grant the above-described easement to Atlanta Gas Light Company shall expire three years after the date that this resolution becomes effective.

_____________GEORGIA LAWS 2003 SESSION__________951
SECTION 47A. This resolution does not affect and is not intended to affect any right, powers, interest, or liability of the Department of Transportation with respect to the state highway system, or of a county with respect to the county road system or of a municipality with respect to the city street system. The grantee shall obtain any and all other required permits from the appropriate governmental agencies as are necessary for its lawful use of the easement area or public highway right of way and comply with all applicable state and federal environmental statutes in its use of the easement areas.
SECTION 48. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect the grant of the easement area.
ARTICLE V SECTION 49.
That the State of Georgia is the owner of the hereinafter described real property in Forsyth 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 50. That the State of Georgia, acting by and through its State Properties Commission, may grant to Forsyth County, or its successors and assigns, a nonexclusive easement for the construction, operation, and maintenance of a water line on, over, under, upon, across, or through the easement area for the purpose of constructing, erecting, 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 Forsyth County, Georgia, and are more particularly described as follows:
That portion and that portion only as shown highlighted in yellow on plat of survey entitled "Water Line Easement" prepared by Billy Ray Cheek, Georgia registered Land Surveyor #1615, dated November 7, 2001 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 51. That the above-described premises shall be used solely for the purpose of planning, constructing, erecting, installing, maintaining, repairing, replacing, inspecting, and operating said water line.

952______GENERAL ACTS AND RESOLUTIONS, VOL. I_________
SECTION 52. That Forsyth County shall have the right to remove or cause to be removed from said easement area only such trees and bushes as may be reasonably necessary for the proper construction, operation, and maintenance of said water line.
SECTION 53. That, after Forsyth County has put into use the water line for which this easement is granted, a subsequent abandonment of the use thereof shall cause a reversion to the State of Georgia, or its successors and assigns, of all the rights, title, privileges, powers, and easement granted herein. Upon abandonment, Forsyth County, or its successors and assigns, shall have the option of removing its facilities from the easement area or leaving the same in place, in which event the facility shall become the property of the State of Georgia or its successors and assigns.
SECTION 54. That no title shall be conveyed to Forsyth County, and, except as herein specifically granted to Forsyth 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 Forsyth County.
SECTION 55. That if the State of Georgia, acting by and through its State Properties Commission, determines that any or all of the facilities placed on the easement area should be removed or relocated to an alternate site on state owned land in order to avoid interference with the state's use or intended use of the easement area, it may grant a substantially equivalent nonexclusive easement to allow placement of the removed or relocated facilities across the alternate site, under such terms and conditions as the State Properties Commission shall in its discretion determine to be in the best interests of the State of Georgia, and Forsyth 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 Forsyth County. Upon written request, the State Properties Commission, in its sole discretion, may permit the relocation of the facilities to an alternate site on state owned land so long as the removal and relocation is paid by the party or parties requesting such removal and at no cost and expense to the State of Georgia.
SECTION 56. That the easement granted to Forsyth 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

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description utilized by the State Properties Commission describes the same easement area herein granted.
SECTION 57. 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 58. That this grant of easement shall be recorded by the grantee in the Superior Court of Forsyth County and a recorded copy shall be forwarded to the State Properties Commission.
SECTION 59. That the authorization in this resolution to grant the above-described easement to Forsyth County shall expire three years after the date that this resolution becomes effective.
SECTION 59A. This resolution does not affect and is not intended to affect any right, powers, interest, or liability of the Department of Transportation with respect to the state highway system, or of a county with respect to the county road system or of a municipality with respect to the city street system. The grantee shall obtain any and all other required permits from the appropriate governmental agencies as are necessary for its lawful use of the easement area or public highway right of way and comply with all applicable state and federal environmental statutes in its use of the easement areas.
SECTION 60. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect the grant of the easement area.
ARTICLE VI SECTION 61.
That the State of Georgia is the owner of the hereinafter described real property in Habersham 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 62. That the State of Georgia, acting by and through its State Properties Commission, may grant to the City of Alto, or its successors and assigns, a nonexclusive easement for the construction, operation, and maintenance of a water well in, on,

954______GENERAL ACTS AND RESOLUTIONS, VOL. 1_______
over, under, upon, across, or through the easement area for the purpose of constructing, erecting, installing, maintaining, repairing, replacing, inspecting, and operating a water well 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 196 of the 10th District of Habersham 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 "Survey For the Town of Alto", dated May 13, 2002, prepared by Jeff Weshner, Georgia Registered Land Surveyor #2323 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 63. That the above-described premises shall be used solely for the purpose of planning, constructing, erecting, installing, maintaining, repairing, replacing, inspecting, and operating said water well.
SECTION 64. That the City of Alto shall have the right to remove or cause to be removed from said easement area only such trees and bushes as may be reasonably necessary for the proper construction, operation, and maintenance of said water well.
SECTION 65. That, after the City of Alto has put into use the water well 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 Alto, 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 66. That no title shall be conveyed to the City of Alto, and, except as herein specifically granted to the City of Alto, 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 Alto.
SECTION 67. That if the State of Georgia, acting by and through its State Properties Commission, determines that any or all of the facilities placed on the easement area should be removed or relocated to an alternate site on state owned land in order to avoid

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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 Alto 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 Alto. Upon written request, the State Properties Commission, in its sole discretion, may permit the relocation of the facilities to an alternate site on state owned land so long as the removal and relocation is paid by the party or parties requesting such removal and at no cost and expense to the State of Georgia.
SECTION 68. That the easement granted to the City of Alto shall contain such other reasonable terms, conditions, and covenants as the State Properties Commission shall deem in the best interest of the State of Georgia and that the State Properties Commission is authorized to use a more accurate description of the easement area, so long as the description utilized by the State Properties Commission describes the same easement area herein granted.
SECTION 69. That the consideration for such easement shall be $10.00 and such further consideration and provisions as the State Properties Commission may determine to be in the best interest of the State of Georgia.
SECTION 70. That this grant of easement shall be recorded by the grantee in the Superior Court of Habersham County and a recorded copy shall be forwarded to the State Properties Commission.
SECTION 71. That the authorization in this resolution to grant the above-described easement to the City of Alto shall expire three years after the date that this resolution becomes effective.
SECTION 7IA. This resolution does not affect and is not intended to affect any right, powers, interest, or liability of the Department of Transportation with respect to the state highway system, or of a county with respect to the county road system or of a municipality with respect to the city street system. The grantee shall obtain any and all other required permits from the appropriate governmental agencies as are necessary for its lawful use of the easement area or public highway right of way and

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comply with all applicable state and federal environmental statutes in its use of the easement areas.
SECTION 72. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect the grant of the easement area.
ARTICLE VII SECTION 73.
That the State of Georgia is the owner of the hereinafter described real property in Hall County, and the property is in the custody of the Department of Corrections and Department of Motor Vehicles, 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 74. 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 a sanitary sewer line in, on, over, under, upon, across, or through the easement area for the purpose of constructing, erecting, installing, maintaining, repairing, replacing, inspecting, and operating a sanitary sewer 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 the 411th GMD in the City of Gainesville, Hall 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 "Alien Creek Regional Sewerage Facilities" dated August 9, 2002, prepared by Edwin E. Ledford, Georgia Registered Land surveyor #2340 and on file in the offices of the State Properties Commission,' and may be more particularly described by a plat of survey prepared by a Georgia Registered Land Surveyor and presented to the State Properties Commission for approval.
SECTION 75. That the above-described premises shall be used solely for the purpose of planning, constructing, erecting, installing, maintaining, repairing, replacing, inspecting, and operating said sanitary sewer line.
SECTION 76. 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 line.

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SECTION 77. That, after the City of Gainesville has put into use the sanitary sewer line for which this easement is granted, a subsequent abandonment of the use thereof shall cause a reversion to the State of Georgia, or its successors and assigns, of all the rights, title, privileges, powers, and easement granted herein. Upon 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 facility shall become the property of the State of Georgia or its successors and assigns.
SECTION 78. 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 79. That if the State of Georgia, acting by and through its State Properties Commission, determines that any or all of the facilities placed on the easement area should be removed or relocated to an alternate site on state owned land in order to avoid interference with the state's use or intended use of the easement area, it may grant a substantially equivalent nonexclusive easement to allow placement of the removed or relocated facilities across the alternate site, under such terms and conditions as the State Properties Commission shall in its discretion determine to be in the best interests of the State of Georgia, and 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 80. 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.

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SECTION 81. 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 82. 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 83. 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 84. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect the grant of the easement area.
SECTION 84A. This resolution does not affect and is not intended to affect any right, powers, interest, or liability of the Department of Transportation with respect to the state highway system, or of a county with respect to the county road system or of a municipality with respect to the city street system. The grantee shall obtain any and all other required permits from the appropriate governmental agencies as are necessary for its lawful use of the easement area or public highway right of way and comply with all applicable state and federal environmental statutes in its use of the easement areas.
ARTICLE VIII SECTION 85.
That the State of Georgia is the owner of the hereinafter described real property in Jasper 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 86. That the State of Georgia, acting by and through its State Properties Commission, may grant to the Municipal Electric Authority of Georgia (MEAG), 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

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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 are located in Land Lot 65 of the 16th District of Jasper 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 "MEAG Power" dated November 14, 2002 and prepared by J. B. Faircloth, Georgia Registered Land Surveyor No. 2120 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 87. 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 88. That MEAG 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 89. That, after MEAG 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, MEAG, 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 90. That no title shall be conveyed to MEAG and, except as herein specifically granted to MEAG, 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 MEAG.
SECTION 91. That if the State of Georgia, acting by and through its State Properties Commission, determines that any or all of the facilities placed on the easement area should be removed or relocated to an alternate site on state owned land in order to avoid interference with the state's use or intended use of the easement area, it may grant a substantially equivalent nonexclusive easement to allow placement of the

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removed or relocated facilities across the alternate site, under such terms and conditions as the State Properties Commission shall in its discretion determine to be in the best interests of the State of Georgia, and MEAG 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 MEAG. Upon written request, the State Properties Commission, in its sole discretion, may permit the relocation of the facilities to an alternate site on state owned land so long as the removal and relocation is paid by the party or parties requesting such removal and at no cost and expense to the State of Georgia.
SECTION 92. That the easement granted to MEAG 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 93. That the consideration for such easement shall be for the fair market value, but not less than $650.00, and such further consideration and provisions as the State Properties Commission may determine to be in the best interest of the State of Georgia.
SECTION 94. That this grant of easement shall be recorded by the grantee in the Superior Court of Jasper County and a recorded copy shall be forwarded to the State Properties Commission.
SECTION 95. That the authorization in this resolution to grant the above-described easement to MEAG shall expire three years after the date that this resolution becomes effective.
SECTION 95A. This resolution does not affect and is not intended to affect any right, powers, interest, or liability of the Department of Transportation with respect to the state highway system, or of a county with respect to the county road system or of a municipality with respect to the city street system. The grantee shall obtain any and all other required permits from the appropriate governmental agencies as are necessary for its lawful use of the easement area or public highway right of way and comply with all applicable state and federal environmental statutes in its use of the easement areas.

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SECTION 96. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect the grant of the easement area.
ARTICLE XI SECTION 97.
That the State of Georgia is the owner of the hereinafter described real property in McDuffie 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 98. That the State of Georgia, acting by and through its State Properties Commission, may grant to the City of Thomson, 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 the 134th GMD of McDuffie 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 Thomson at Augusta Technical Institute" dated March 20,2002 prepared by John A. Mcgill, Georgia Registered Land Surveyor #1753 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 99. 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 100. That the City of Thomson 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 101. That, the City of Thomson 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,

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title, privileges, powers, and easement granted herein. Upon abandonment, the City of Thomson 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 102. That no title shall be conveyed to the City of Thomson and, except as herein specifically granted to the City of Thomson, 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 Thomson.
SECTION 103. That if the State of Georgia, acting by and through its State Properties Commission, determines that any or all of the facilities placed on the easement area should be removed or relocated to an alternate site on state owned land in order to avoid interference with the state's use or intended use of the easement area, it may grant a substantially equivalent nonexclusive easement to allow placement of the removed or relocated facilities across the alternate site, under such terms and conditions as the State Properties Commission shall in its discretion determine to be in the best interests of the State of Georgia, and the City of Thomson 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 Thomson. 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 104. That the easement granted to the City of Thomson 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 105. 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 106. That this grant of easement shall be recorded by the grantee in the Superior Court of McDuffie County and a recorded copy shall be forwarded to the State Properties Commission.
SECTION 107. That the authorization in this resolution to grant the above-described easement to the City of Thomson shall expire three years after the date that this resolution becomes effective.
SECTION 107A. This resolution does not affect and is not intended to affect any right, powers, interest, or liability of the Department of Transportation with respect to the state highway system, or of a county with respect to the county road system or of a municipality with respect to the city street system. The grantee shall obtain any and all other required permits from the appropriate governmental agencies as are necessary for its lawful use of the easement area or public highway right of way and comply with all applicable state and federal environmental statutes in its use of the easement areas.
SECTION 108. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect the grant of the easement area.
ARTICLE X SECTION 109.
That the State of Georgia is the owner of the hereinafter described real property in Glynn and Mclntosh Counties, Georgia, and the property is in the custody of the Department ofNatural 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 110. 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 guy wires and anchors 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 are located in within the boundary of the Altamaha Wildlife Management in Glynn and Mclntosh Counties, Georgia, and are more particularly described as follows:
That portion and that portion only as shown marked in yellow on a drawing marked as Exhibit "A" on the Board of Natural Resources Resolution dated

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September 25, 2002 under project Altamaha WMA, 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 111. That the above-described premises shall be used solely for the purpose of, constructing, erecting, installing, maintaining, repairing, replacing, inspecting, and operating said guy wires and anchors.
SECTION 112. 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 operation of said guy wires and anchors.
SECTION 113. That, after Georgia Power Company, has put into use the guy wires and anchors for which this easement is granted, a subsequent abandonment of the use thereof shall cause a reversion to the State of Georgia, or its successors and assigns, of all the rights, title, privileges, powers, and easement granted herein. Upon abandonment, Georgia Power Company, or its successors and assigns, shall have the option of removing its facilities from the easement area or leaving the same in place, in which event the facility shall become the property of the State of Georgia, or its successors and assigns.
SECTION 114. 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 115. 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

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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 116. 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 areas, so long as the description utilized by the State Properties Commission describes the same easement area herein granted.
SECTION 117. 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 118. That this grant of easement shall be recorded by the grantee in the Superior Court of Glynn and Mclntosh Counties, and a recorded copy shall be forwarded to the State Properties Commission.
SECTION 119. 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 119A. This resolution does not affect and is not intended to affect any right, powers, interest, or liability of the Department of Transportation with respect to the state highway system, or of a county with respect to the county road system or of a municipality with respect to the city street system. The grantee shall obtain any and all other required permits from the appropriate governmental agencies as are necessary for its lawful use of the easement area or public highway right of way and comply with all applicable state and federal environmental statutes in its use of the easement areas.
SECTION 120. 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 XI SECTION 121.
That the State of Georgia is the owner of the hereinafter described real property in Morgan 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 122. That the State of Georgia, acting by and through its State Properties Commission, may grant to Sigurd Kviten, 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, 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 boundary of Hard Labor Creek State Park in Morgan 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 Board of Natural Resources Resolution dated September 25, 2002 listed as Project "Hard Labor Creek State Park" 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 123. 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 124. That Sigurd Kviten 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 125. That, after Sigurd Kviten 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, Sigurd Kviten, 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 126. That no title shall be conveyed to Sigurd Kviten, and, except as herein specifically granted to Sigurd Kviten, 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 Sigurd Kviten.
SECTION 127. 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 Sigurd Kviten or its successors and assigns 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 Sigurd Kviten. 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 128. That the easement granted to Sigurd Kviten 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 129. That the consideration for such easement shall be for the fair market value, but not less than S650.00 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 130. That this grant of easement shall be recorded by the grantee in the Superior Court of Morgan County and a recorded copy shall be forwarded to the State Properties Commission.

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SECTION 131. That the authorization in this resolution to grant the above-described easement to Sigurd Kviten shall expire three years after the date that this resolution becomes effective.
SECTION 131A. This resolution does not affect and is not intended to affect any right, powers, interest, or liability of the Department of Transportation with respect to the state highway system, or of a county with respect to the county road system or of a municipality with respect to the city street system. The grantee shall obtain any and all other required permits from the appropriate governmental agencies as are necessary for its lawful use of the easement area or public highway right of way and comply with all applicable state and federal environmental statutes in its use of the easement areas.
SECTION 132. 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 133.
That the State of Georgia is the owner of the hereinafter described real property in Hamilton County, Tennessee, 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 134. That the State of Georgia, acting by and through its State Properties Commission, may grant to the Tennessee Department of Transportation, or its successors and assigns, a nonexclusive easement for the construction, operation, and maintenance of a bridge in, on, over, under, upon, across, or through the easement area for the purpose of constructing, installing, maintaining, repairing, inspecting, and operating a bridge 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 City of Chattanooga, Hamilton County, Tennessee, and is more particularly described as follows:
That portion and that portion only as marked in yellow on a drawing prepared by State of Tennessee Department of Transportation Bureau of Planning and Development 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 135. That the above-described premises shall be used solely for the purpose of planning, constructing, installing, maintaining, repairing, inspecting, and operating said bridge.
SECTION 136. That, after the Tennessee Department of Transportation has put into use the bridge 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 Tennessee Department of Transportation, 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 137. That no title shall be conveyed to the Tennessee Department of Transportation, and, except as herein specifically granted to the Tennessee Department of Transportation, 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 Tennessee Department of Transportation.
SECTION 138. 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 Tennessee Department of Transportation 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 Tennessee Department of Transportation. 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 139. That the easement granted to the Tennessee Department of Transportation 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 140. 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 141. That this grant of easement 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 142. That the authorization in this resolution to grant the above-described easement to the Tennessee Department of Transportation shall expire three years after the date that this resolution becomes effective.
SECTION 142A. This resolution does not affect and is not intended to affect any right, powers, interest, or liability of the Department of Transportation with respect to the state highway system, or of a county with respect to the county road system or of a municipality with respect to the city street system. The grantee shall obtain any and all other required permits from the appropriate governmental agencies as are necessary for its lawful use of the easement area or public highway right of way and comply with all applicable state and federal environmental statutes in its use of the easement areas.
SECTION 143. 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 144.
That the State of Georgia is the owner of the hereinafter described real property in Hamilton County, Tennessee, and the property is in the custody of the State Properties Commission, hereinafter referred to as the "easement area" and that, in

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all matters relating to the easement areas, the State of Georgia is acting by and through its State Properties Commission.
SECTION 145. That the State of Georgia, acting by and through its State Properties Commission, may grant to the Tennessee Valley Authority, 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 areas are located in the First Civil District of Hamilton County, Tennessee, within Western and Atlantic Railroad right of way, and is more particularly described as follows:
That portion and that portion only as shown marked in yellow as shown on Sheet 1A of US-TV A drawing LW_1938, revision 4 prepared for the Tennessee Valley 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 146. 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 147. That, after the Tennessee Valley Authority has put into use the electrical distribution lines 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 Tennessee Valley 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 facility shall become the property of the State of Georgia or its successors and assigns.
SECTION 148. That no title shall be conveyed to the Tennessee Valley Authority, and, except as herein specifically granted to the Tennessee Valley 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 areas not inconsistent with or detrimental to the rights, privileges, and interest granted to the Tennessee Valley Authority.

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SECTION 149. That if the State of Georgia, acting by and through its State Properties Commission, determines that any or all of the facilities placed on the easement areas should be removed or relocated to an alternate site on state owned land in order to avoid interference with the state's use or intended use of the easement areas, it may grant a substantially equivalent nonexclusive easement to allow placement of the removed or relocated facilities across the alternate sites, under such terms and conditions as the State Properties Commission shall in its discretion determine to be in the best interests of the State of Georgia, and the Tennessee Valley Authority 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 the Tennessee Valley 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 150. That the easement granted to the Tennessee Valley 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 areas, so long as the description utilized by the State Properties Commission describes the same easement areas herein granted.
SECTION 151. 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 152. That this grant of easement 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 153. That the authorization in this resolution to grant the above-described easement to the Tennessee Valley Authority shall expire three years after the date that this resolution becomes effective.

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SECTION 153A. This resolution does not affect and is not intended to affect any right, powers, interest, or liability of the Department of Transportation with respect to the state highway system, or of a county with respect to the county road system or of a municipality with respect to the city street system. The grantee shall obtain any and all other required permits from the appropriate governmental agencies as are necessary for its lawful use of the easement area or public highway right of way and comply with all applicable state and federal environmental statutes in its use of the easement areas.
SECTION 154. 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 155.
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 Defense, 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 156. That the State of Georgia, acting by and through its State Properties Commission, may grant to SED-Gray, LLC, or its successors and assigns, a nonexclusive easement for the construction, operation, and maintenance of underground supports for a retaining wall in, on, over, under, upon, across, or through the easement area for the purpose of constructing, installing, maintaining, repairing, replacing, inspecting, and operating underground supports for a retaining wall, together with the right of ingress and egress over adjacent land of the State of Georgia as may be reasonably necessary to accomplish the aforesaid purposes. Said easement areas are located in Land Lot 38 of the Macon Reserve East Land District of Bibb County, and is more particularly described as follows:
'That portion and that portion only as shown marked in yellow as Grading and Drainage Plan, being sheet #C-4, dated April 22, 2002 entitled Walgreens #06790, 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 157. That the above-described premises shall be used solely for the purpose of planning, constructing, installing, maintaining, repairing, replacing, inspecting, and operating said underground support for a retaining wall.

974______GENERAL ACTS AND RESOLUTIONS, VOL. I_________
SECTION 158. That, after SED-Gray, EEC has put into use the underground supports for a retaining wall 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, SED-Gray, EEC, 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 159. That no title shall be conveyed to SED-Gray, EEC, and, except as herein specifically granted to SED-Gray, EEC, 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 SED-Gray, EEC.
SECTION 160. That if the State of Georgia, acting by and through its State Properties Commission, determines that any or all of the facilities placed on the easement areas should be removed or relocated to an alternate site on state owned land in order to avoid interference with the state's use or intended use of the easement areas, it may grant a substantially equivalent nonexclusive easement to allow placement of the removed or relocated facilities across the alternate sites, under such terms and conditions as the State Properties Commission shall in its discretion determine to be in the best interests of the State of Georgia, and SED-Gray, EEC 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 SED-Gray, EEC. 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 161. That the easement granted to SED-Gray, EEC shall contain such other reasonable terms, conditions, and covenants as the State Properties Commission shall deem in the best interest of the State of Georgia and that the State Properties Commission is authorized to use a more accurate description of the easement areas, so long as the description utilized by the State Properties Commission describes the same easement areas herein granted.

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SECTION 162. 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 163. 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 164. That the authorization in this resolution to grant the above-described easement to SED-Gray, LLC shall expire three years after the date that this resolution becomes effective.
SECTION 164A. This resolution does not affect and is not intended to affect any right, powers, interest, or liability of the Department of Transportation with respect to the state highway system, or of a county with respect to the county road system or of a municipality with respect to the city street system. The grantee shall obtain any and all other required permits from the appropriate governmental agencies as are necessary for its lawful use of the easement area or public highway right of way and comply with all applicable state and federal environmental statutes in its use of the easement areas.
SECTION 165. 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 166.
That the State of Georgia is the owner of the hereinafter described real property in Cherokee County, and the property is in the custody of the Department of Defense, 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 167. That the State of Georgia, acting by and through its State Properties Commission, may grant to the City of Canton, Cherokee County, or its successors and assigns, a nonexclusive easement for the construction, operation, and maintenance of storm water piping in, on, over, under, upon, across, or through the easement area for the purpose of constructing, installing, maintaining, repairing, replacing, inspecting, and operating storm water piping, together with the right of ingress and egress over

976______GENERAL ACTS AND RESOLUTIONS, VOL. I_________
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 159 of the 14th District, 2nd Section of Cherokee County, and is more particularly described as follows:
That portion and that portion only as shown highlighted in yellow as drawing provided by the City of Canton, Cherokee County, 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 168. That the above-described premises shall be used solely for the purpose of planning, constructing, installing, maintaining, repairing, replacing, inspecting, and operating said storm water piping.
SECTION 169. That, after the City of Canton, Cherokee County, has put into use the storm water piping 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 Canton, Cherokee County, or its successors and assigns, shall have the option of removing its facilities from the easement area or leaving the same in place, in which event the facility shall become the property of the State of Georgia, or its successors and assigns.
SECTION 170. That no title shall be conveyed to the City of Canton, Cherokee County, and, except as herein specifically granted to the City of Canton, Cherokee 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 areas not inconsistent with or detrimental to the rights, privileges, and interest granted to the City of Canton, Cherokee County.
SECTION 171. That if the State of Georgia, acting by and through its State Properties Commission, determines that any or all of the facilities placed on the easement areas should be removed or relocated to an alternate site on state owned land in order to avoid interference with the state's use or intended use of the easement areas, it may grant a substantially equivalent nonexclusive easement to allow placement of the removed or relocated facilities across the alternate sites, under such terms and conditions as the State Properties Commission shall in its discretion determine to be in the best interests of the State of Georgia, and the City of Canton, Cherokee County, shall remove or relocate its facilities to the alternate easement areas at its sole cost and expense, unless the State Properties Commission determines that the requested removal or relocation is to be for the sole benefit of the State of Georgia

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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 Canton, Cherokee 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 172. That the easement granted to the City of Canton, Cherokee County, shall contain such other reasonable terms, conditions, and covenants as the State Properties Commission shall deem in the best interest ofthe State ofGeorgia and that the State Properties Commission is authorized to use more accurate description of the easement areas, so long as the description utilized by the State Properties Commission describes the same easement areas herein granted.
SECTION 173. 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 174. That this grant of easement shall be recorded by the grantee in the Superior Court of Cherokee County, and a recorded copy shall be forwarded to the State Properties Commission.
SECTION 175. That the authorization in this resolution to grant the above-described easement to the City of Canton, Cherokee County, shall expire three years after the date that this resolution becomes effective.
SECTION 175A. This resolution does not affect and is not intended to affect any right, powers, interest, or liability of the Department of Transportation with respect to the state highway system, or of a county with respect to the county road system or of a municipality with respect to the city street system. The grantee shall obtain any and all other required permits from the appropriate governmental agencies as are necessary for its lawful use of the easement area or public highway right of way and comply with all applicable state and federal environmental statutes in its use of the easement areas.
SECTION 176. 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.

978______GENERAL ACTS AND RESOLUTIONS, VOL. I________
ARTICLE XVI SECTION 177.
That the State of Georgia is the owner of the hereinafter described real property in Screven 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 areas, the State of Georgia is acting by and through its State Properties Commission.
SECTION 178. That the State of Georgia, acting by and through its State Properties Commission, may grant to Screven County, or its successors and assigns, a nonexclusive easement for the construction, operation, and maintenance of roadways in, on, over, under, upon, across, or through the easement area for the purpose of constructing, installing, maintaining, repairing, replacing, inspecting, and operating roadways, 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 37th GMD of Screven County, and is more particularly described as follows:
That portion and that portion only as shown highlighted in yellow on a plat of survey entitled "Property Survey for Screven County Old River County Road" dated December 17, 2001 and prepared by Warren E. Poythress, Georgia Registered Land Surveyor #1953 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 179. That the above-described premises shall be used solely for the purpose of planning, constructing, installing, maintaining, repairing, replacing, inspecting, and operating said roadway.
SECTION 180. That, after Screven County has put into use the roadway 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 Screven County, or its successors and assigns, shall have the option of removing its facilities from the easement area or leaving the same in place, in which event the facility shall become the property of the State of Georgia, or its successors and assigns.
SECTION 181. That no title shall be conveyed to Screven County and, except as herein specifically granted to Screven County, all rights, title, and interest in and to said easement area

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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 Screven County.
SECTION 182. That if the State of Georgia, acting by and through its State Properties Commission, determines that any or all of the facilities placed on the easement areas should be removed or relocated to an alternate site on state owned land in order to avoid interference with the state's use or intended use of the easement areas, it may grant a substantially equivalent nonexclusive easement to allow placement of the removed or relocated facilities across the alternate sites, under such terms and conditions as the State Properties Commission shall in its discretion determine to be in the best interests of the State of Georgia, and Screven County shall remove or relocate its facilities to the alternate easement areas at its sole cost and expense, unless the State Properties Commission determines that the requested removal or relocation is to be for the sole benefit of the State of Georgia and approves payment by the State of Georgia of all or a portion of such actual cost and expense, not to exceed by 20 percent the amount of a written estimate provided by Screven 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 183. That the easement granted to Screven County shall contain such other reasonable terms, conditions, and covenants as the State Properties Commission shall deem in the best interest of the State of Georgia and that the State Properties Commission is authorized to use a more accurate description of the easement areas, so long as the description utilized by the State Properties Commission describes the same easement areas herein granted.
SECTION 184. 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 185. That this grant of easement shall be recorded by the grantee in the Superior Screven County, County and a recorded copy shall be forwarded to the State Properties Commission.
SECTION 185A. This resolution does not affect and is not intended to affect any right, powers, interest, or liability of the Department of Transportation with respect to the state highway system, or of a county with respect to the county road system or of a

980______GENERAL ACTS AND RESOLUTIONS, VOL. I_______
municipality with respect to the city street system. The grantee shall obtain any and all other required permits from the appropriate governmental agencies as are necessary for its lawful use of the easement area or public highway right of way and comply with all applicable state and federal environmental statutes in its use of the easement areas.
SECTION 186. That the authorization in this resolution to grant the above-described easement to Screven County shall expire three years after the date that this resolution becomes effective.
ARTICLE XVII SECTION 187.
That the State of Georgia is the owner of the hereinafter described real property in Randolph County, and the property is in the custody ofthe Department ofTechnical and Adult Education, 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 188. That the State of Georgia, acting by and through its State Properties Commission, may grant to the City of Cuthbert, or its successors and assigns, a nonexclusive easement for the construction, operation, and maintenance of a sanitary sewer line in, on, over, under, upon, across, or through the easement area for the purpose of constructing, installing, maintaining, repairing, replacing, inspecting, and operating a sanitary sewer 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 the Land Lot 1 of the 6th District of Randolph County, and is more particularly described as follows:
That portion and that portion only as shown highlighted in yellow on a plat of survey entitled "City of Cuthbert and State of Georgia" dated August 6,2002, and prepared by B. H. Langford Jr. Georgia Registered Land Surveyor #2209 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 189. That the above-described premises shall be used solely for the purpose of planning, constructing, installing, maintaining, repairing, replacing, inspecting, and operating said sanitary sewer line.

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SECTION 190. That, after the City of Cuthbert has put into use the sanitary sewer line for which this easement is granted, a subsequent abandonment of the use thereof shall cause a reversion to the State of Georgia, or its successors and assigns, of all the rights, title, privileges, powers, and easement granted herein. Upon abandonment, the City of Cuthbert, 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 191. That no title shall be conveyed to the City of Cuthbert and, except as herein specifically granted to the City of Cuthbert, 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 the City of Cuthbert.
SECTION 192. That if the State of Georgia, acting by and through its State Properties Commission, determines that any or all of the facilities placed on the easement areas should be removed or relocated to an alternate site on state owned land in order to avoid interference with the state's use or intended use of the easement areas, it may grant a substantially equivalent nonexclusive easement to allow placement of the removed or relocated facilities across the alternate sites, under such terms and conditions as the State Properties Commission shall in its discretion determine to be in the best interests of the State of Georgia, and the City of Cuthbert 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 the City of Cuthbert. 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 193. That the easement granted to the City of Cuthbert shall contain such other reasonable terms, conditions, and covenants as the State Properties Commission shall deem in the best interest of the State of Georgia and that the State Properties Commission is authorized to use a more accurate description of the easement areas, so long as the description utilized by the State Properties Commission describes the same easement area herein granted.

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SECTION 194. 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 195. That this grant of easement shall be recorded by the grantee in the Superior Court of Randolph County and a recorded copy shall be forwarded to the State Properties Commission.
SECTION 196. That the authorization in this resolution to grant the above-described easement to the City of Cuthbert County shall expire three years after the date that this resolution becomes effective.
ARTICLE XVIII SECTION 197.
That the State of Georgia is the owner of the above-described Colquit County 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 198. That the above-described real property may be conveyed by appropriate instrument to Colquit County by the State of Georgia acting by and through its State Properties Commission for a consideration of S10.00, 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 interest of the State of Georgia.
SECTION 199. That the authorization in this resolution to convey the above-described property to Colquit County shall expire three years after the date that this resolution becomes effective.
SECTION 200. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyance.
SECTION 201. That the deed of conveyance shall be recorded by the grantee in the Superior Court of Colquit County and a recorded copy shall be forwarded to the State Properties Commission.

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SECTION 202. That custody of the above-described property shall remain the custody of the Department of Technical and Adult Education until the property is conveyed to Colquit County.
ARTICLE XIX SECTION 203.
That the State of Georgia is the owner of the above-described Paulding County 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 204. That the above-described real property may be conveyed by appropriate instrument to New Hope First Baptist Church by the State of Georgia acting by and through its 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 interest of the State of Georgia.
SECTION 205. That the authorization in this resolution to convey the above-described property to New Hope First Baptist Church shall expire three years after the date that this resolution becomes effective.
SECTION 206. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyance.
SECTION 207. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyance.
SECTION 208. That the deed of conveyance shall be recorded by the grantee in the Superior Court of Paulding County and a recorded copy shall be forwarded to the State Properties Commission.
SECTION 209. That custody of the above-described property shall remain the custody of the Department of Natural Resources until the property is conveyed to New Hope First Baptist Church.

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ARTICLE XX SECTION 210.
That the State of Georgia is the owner of the above-described White County 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 211. That the above-described real property may be conveyed by appropriate instrument to the adjoining property owned, John Tarpley Head and Tim Ravan by the State of Georgia acting by and through its 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 interest of the State of Georgia.
SECTION 212. That the authorization in this resolution to convey the above-described property to John Tarpley Head and Tim Ravan shall expire three years after the date that this resolution becomes effective.
SECTION 213. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyance.
SECTION 214. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyance.
SECTION 215. That the deeds of conveyance shall be recorded by the grantee in the Superior Court of White County and a recorded copy shall be forwarded to the State Properties Commission.
SECTION 216. That custody of the above-described property shall remain the custody of the Department of Human Resources until the property is conveyed to John Tarpley Head and Tim Ravan.
ARTICLE XXI SECTION 217.
That all laws and parts of laws in conflict with this resolution are repealed.
Approved June 4, 2003.

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ROBERT RAY PARKWAY; FRED EMORY SMITH MEMORIAE BRIDGE; J. MAX DAVIS INTERCHANGE; DAN AND MARIE BRANCH HIGHWAY; DESIGNATED.
No. 420 (Senate Resolution No. 150).
A RESOLUTION
Designating certain transportation facilities; and for other purposes.
PARTI
WHEREAS, Honorable Robert F. Ray, Representative, 108th District, was elected over 20 years ago in 1982 to the Georgia State House of Representatives and has served in this capacity since that time; and
WHEREAS, Robert F. Ray has spent most of his life in public service through various community and civic groups as well as having served for eight years as county commissioner and two years on the board of education in his home county of Crawford; and
WHEREAS, Robert F. Ray also served with distinction as assistant commissioner of agriculture; and
WHEREAS, Robert F. Ray has also served Peach County as a member of the Peach County Farm Bureau, the Peach County Chamber of Commerce, and the Fort Valley Kiwanis Club; and
WHEREAS, Robert F. Ray has always, through his public service and community involvement, shown support and given outstanding service to Georgia and its citizens.
NOW, THEREFORE, BE IT RESOEVED BY THE GENERAL ASSEMBLY OF GEORGIA that SR 247 from its interchange with 1-75 and westward to its intersection with SR 49 is designated as the Robert Ray Parkway in honor of this distinguished public servant.
PART II WHEREAS, Fred Emory Smith was a Georgia resident, graduating from Monticello High School, and in 1938, graduating from the University of Georgia, where he was a member of the Pi Kappa Phi fraternity; and
WHEREAS, he was a supervisor at the Naval Ordnance Plant in Macon during World War II and taught agriculture courses to veterans immediately following World War II; and

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WHEREAS, he raised beef cows and took pride in being a farmer; and
WHEREAS, for 38 years, he was a teacher and principal in the State of Georgia, primarily in Jasper County, and was the principal of Monticello Primary School at the time of integration of schools; and
WHEREAS, in 1967, he was appointed Lieutenant Colonel, Aide de Camp, Governor's Staff, by Governor Lester Maddox; and
WHEREAS, he served on the Jasper County Board of Family and Children Services from 1967 through 1969; and
WHEREAS, he was a member of the Monticello First United Methodist Church and the Methodist Men's Club, and taught youth Sunday School classes for many years; and
WHEREAS, he was a Cub Scout Master for several years in addition to working with the Boy Scouts; and
WHEREAS, he was well-loved by the citizens of Jasper County; and
WHEREAS, the State of Georgia lost a distinguished citizen with the passing of Fred Emory Smith on September 28, 1993; and
WHEREAS, it is only fitting and proper that his memory be honored by this state and in the community in which he lived.
NOW, THEREFORE, BE IT FURTHER RESOLVED that the bridge over Murder Creek on State Route 16 in Jasper County is designated the Fred Emory Smith Memorial Bridge.
PART III
WHEREAS, on November 2, 2002, the State of Georgia lost one of its finest and most distinguished citizens with the tragic passing of the Honorable J. Max Davis; and
WHEREAS, he served with unparalleled ability as a member of the House of Representatives for 22 years; and
WHEREAS, this dynamic and powerful public servant faithfully represented the citizens of DeKalb County with great distinction, dedication, and ability; and
WHEREAS, his consistently thorough consideration of the issues presented to this deliberative body and his integrity and reliability rightfully earned him the honor,

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respect, and trust of his colleagues over the years and were recognized by the leadership of this body and properly reflected in his committee responsibilities which included serving as a member of the House Committee on Game, Fish, and Parks, the House Committee on Judiciary, and the House Committee on Rules; and
WHEREAS, in his legislative committee assignments, he consistently demonstrated a solid commitment to the careful study of sensitive issues and proposed solutions and quickly developed a reputation as an equitable, impartial leader whose decisions were governed by the rules of honesty and fair play; and
WHEREAS, he exhibited the level of political activism and unselfish leadership ideally expected of public trustees in an effective, representative democracy, and his stewardship in the House was marked by unmatched dignity, grace, and wisdom; and
WHEREAS, he was the ultimate conservative who remained true to his principles; and
WHEREAS, his creative leadership and his thoughtful sensitivity with respect to complex social and political matters, and especially his ability to work behind the scenes and build coalitions and consensus, received the approval and applause of his peers who held him in such high regard; and
WHEREAS, his foresight and forthright determination brought unparalleled progress and a sense of destiny to the citizens of his district and the State of Georgia and it is abundantly fitting and proper that the members of this body pay appropriate tribute to one of their finest and most distinguished colleagues.
NOW, THEREFORE, BE IT FURTHER RESOLVED that in recognition of his outstanding public service the interchange at Interstate 285 and Chamblee Dunwoody Road is designated the J. Max Davis Interchange.
PART IV
BE IT FURTHER RESOLVED that SR 41 in Meriwether County from the Coweta County line southward to the Talbot County line is hereby designated as the Dan and Marie Branch Highway.
PARTV BE IT FURTHER RESOLVED that the Department of Transportation is authorized and directed to place and maintain appropriate markers so designating said

GENERAL ACTS AND RESOLUTIONS, VOL. I
transportation facilities; and the Secretary of the Senate shall transmit an appropriate copy of this resolution to the Department of Transportation.
Approved June 4, 2003.
DIXIE HIGHWAY; PURPLE HEART TRAIL; DESIGNATED.
No. 421 (Senate Resolution No. 171).
A RESOLUTION
Designating the historic Dixie Highway; designating Interstate Route 95 within Georgia as a part of the national Purple Heart Trail; and for other purposes.
PARTI
WHEREAS, the State of Georgia contains countless historical sites and geographical regions which are rich in educational and recreational features; and
WHEREAS, regions in rural northwest Georgia and northern metro Atlanta may contain many features which reach back to Georgia's diverse and fascinating heritage, including the unique architecture and development along this historic highway; and
WHEREAS, it is important in preserving representations of this past, and in promoting future financial well-being and growth, that these sites and regions be identified, marketed, promoted, and managed; and
WHEREAS, the designation of the Dixie Highway is a vital and appropriate beginning to this process.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the following public roads and highways are designated as the Dixie Highway:
1-75 (south) to the Ringgold exit; then Ga. 2 (east) to U.S. 41 south; then The Second Old Chattanooga Rd/Thornton Ave. in Dalton; then Back on U.S. 41 (south) to Cassville Rd. in Cartersville; then Cross U.S. 41 to Ga. 293 (south); then Ga. 293 becomes Old Highway 41 to Kennesaw Ave.; then Kennesaw Ave. to Ga. 5 (south) and the trail ends in Marietta on Mill Street.

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BE IT FURTHER RESOLVED that the Department ofTransportation is authorized and directed to work with the affected county and municipal governing authorities and the Dixie Highway Association in efforts to promote the Dixie Highway with the placement and maintenance of appropriate markers along the roadway through funds provided by private and public organizations, county or municipal funds, funds of the Department of Transportation or any combination thereof.
BE IT FURTHER RESOLVED that the placement of markers will be at the location and under the direction of the Department of Transportation with appropriate input from the appropriate county and municipal governing authority and the Dixie Highway Association.
BE IT FURTHER RESOLVED that the Secretary of the Senate is authorized and directed to transmit an appropriate copy of this resolution to the Department of Transportation.
PART II
Designating Interstate Route 95 within Georgia as a part of the national Purple Heart Trail in honor ofrecipients ofthe Purple Heart Medal; and for other purposes.
WHEREAS, the Purple Heart Medal was established by General George Washington on August 7, 1782, to honor military personnel wounded in combat; and
WHEREAS, the Military Order of the Purple Heart of the USA is coordinating a national effort to establish the Purple Heart Trail consisting of major interstate highways and roadways leading to patriotic sites; and
WHEREAS, our state and nation owe a deep debt of gratitude to those members of our Armed Forces who have been wounded in combat and honored with the Purple Heart Medal.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that Interstate Route 95 within the State of Georgia is designated as a part of the national Purple Heart Trail and the Department of Transportation is authorized and directed to place and maintain appropriate markers so designating said highway.
BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is authorized and directed to transmit an appropriate copy of this resolution to the National Purple Heart Trail Coordinator of the Military Order of the Purple Heart of the USA.
Approved June 4, 2003.

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IMPROVEMENT OF THE HOPE SCHOLARSHIP JOINT STUDY COMMISSION; CREATED.
No. 422 (Senate Resolution No. 220).
A RESOLUTION
Creating the Improvement of the HOPE Scholarship Joint Study Commission; and for other purposes.
WHEREAS, more than 675,000 Georgians have received HOPE scholarships totaling more than $1.8 billion; and
WHEREAS, HOPE scholarships are funded by proceeds from the Georgia Lottery for Education; and
WHEREAS, the members of the General Assembly want to assure the continuing and future availability of sufficient funds for HOPE scholarships.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that there is created the Improvement of the HOPE Scholarship Joint Study Commission to be composed of 20 members. The Senate Committee on Assignments shall appoint four members of the Senate as members of the commission and shall designate one of such members as cochairperson. The Speaker of the House of Representatives shall appoint four members of the House of Representatives as members of the commission and shall designate one of such members as cochairperson. The Governor shall appoint six members of the commission who shall include two members with expertise relating to the HOPE scholarship program, one student attending a public college or university, one student attending a private college or university, one parent of a student attending a public college or university, and one parent of a student attending a private college or university. The director of the Georgia Lottery Corporation, the director ofthe Georgia Student Finance Commission, the chancellor ofthe board of regents, the president of the Private and Independent College Association, the executive director of the Department of Technical and Adult Education, and the director of the Office of School Readiness shall also serve. The cochairpersons shall call all meetings of the commission.
BE IT FURTHER RESOLVED that the commission shall undertake a study of the conditions, needs, and issues mentioned above or related thereto and recommend any action or legislation which the commission deems necessary or appropriate to improve the HOPE scholarship program for the future. The commission may conduct such meetings at such places and at such times as it may deem necessary or convenient to enable it to exercise fully and effectively its powers, perform its duties, and accomplish the objectives and purposes of this resolution. The

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legislative members of the commission shall receive the allowances provided for in Code Section 28-1-8 of the Official Code of Georgia Annotated. Citizen members shall receive a daily expense allowance in the amount specified in subsection (b) of Code Section 45-7-21 of the Official Code of Georgia Annotated as well as the mileage or transportation allowance authorized for state employees. Members ofthe commission who are state officials, other than legislative members, and state employees shall receive no compensation for their services on the commission, but they shall be reimbursed for expenses incurred by them in the performance of their duties as members for the commission in the same manner as they are reimbursed for expenses in their capacities as state officials or employees. The funds necessary for the reimbursement of the expenses of state officials, other than legislative members, and state employees shall come from funds appropriated to or otherwise available to their respective departments. The University ofGeorgia Carl Vinson Institute of Government and legislative staff support services are authorized and directed to provide clerical and staff support to the commission. Employees of the University of Georgia Carl Vinson Institute of Government and of the General Assembly shall receive no additional compensation for their services to the commission, but they shall be reimbursed for expenses incurred by them in the performance of their duties for the commission in the same manner as they are reimbursed for expenses in their capacities as state employees. All other 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 commission for more than five days unless additional days are authorized. 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 31,2003. The commission shall stand abolished on December 31,2003.
Approved June 4, 2003.
CHARLES F. HATCHER HIGHWAY; DESIGNATED.
No. 423 (Senate Resolution No. 229).
A RESOLUTION
Designating the Charles F. Hatcher Highway; and for other purposes.
WHEREAS, Charles F. Hatcher is a distinguished native Georgian who served his state and the nation with the utmost ability as a member of the Georgia House of Representatives from 1973-1980 and as a member of the Georgia delegation to the United States House of Representatives representing the second congressional district from 1981 -1992; and

992______GENERAL ACTS AND RESOLUTIONS, VOL. I________
WHEREAS, he was born in Doerun, Georgia, on July 1,1939; served in the United States Air Force from 1958-1962; earned his B.S. at Georgia Southern College in 1965 and his J.D. at the University of Georgia in 1969; and practiced law in Albany, Georgia; and
WHEREAS, in the Georgia House he held key committee appointments, serving on the Appropriations Committee as vice chair of the State Regulatory Agencies Subcommittee; the Judiciary Committee as secretary and as chair of the General Law and Procedure Subcommittee; and the Ways and Means Committee as chair of the Real and Intangible Tax Subcommittee; and he was member of the Georgia Tax Reform Commission 1978-1980; and
WHEREAS, in Congress he was a member ofthe agriculture and the small business committees, and his years of leadership benefited greatly Georgia's farmers and agribusiness.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the portion of S.R. 37 in Baker County between Newton and Elmodel be designated the Charles F. Hatcher Highway in honor of his public service, and the Department of Transportation is directed to place and maintain appropriate markers.
BE IT FURTHER RESOLVED that the Secretary of the Senate is authorized and directed to transmit appropriate copies of this resolution to the commissioner of transportation and to Charles F. Hatcher.
Approved June 4, 2003.
UNEMPLOYMENT INSURANCE TRUST FUND JOINT STUDY COMMITTEE; SUBSEQUENT INJURY TRUST FUND JOINT STUDY COMMITTEE; CREATED.
No. 424 (Senate Resolution No. 234).
A RESOLUTION
PARTI
Creating the Unemployment Insurance Trust Fund Joint Study Committee; and for other purposes.
WHEREAS, it is among the purposes of the laws of this state which require the setting aside of employment reserves to be used for the benefit of persons

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unemployed through no fault of their own to promote the public good and general welfare by the systematic accumulation of funds during periods of employment thus maintaining purchasing power and limiting serious social consequences; and
WHEREAS, there is a need to review such laws to determine whether any reform, revision, or modernization of such laws is necessary and appropriate under current economic conditions so as to improve the accessibility and effectiveness of this state's unemployment insurance program.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that there is created the Unemployment Insurance Trust Fund Joint Study Committee to be composed of 13 members as follows: three members of the House of Representatives appointed by the Speaker of the House of Representatives; three members of the Senate appointed by the Senate Committee on Assignments; three members of the general public appointed by the Governor; three members of the general public appointed by the Commissioner of Labor; and the Commissioner of Labor as an ex officio member. The Speaker and the Senate Committee on Assignments shall each designate one of such members as cochairperson. 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 action 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 provided for in Code Section 28-1-8 of the Official Code of Georgia Annotated. Citizen members shall receive a daily expense allowance in the amount specified in subsection (b) of Code Section 45-7-21 of the Official Code of Georgia Annotated as well as the mileage or transportation allowance authorized for state employees. Members of the committee who are state officials, other than legislative members, and state employees shall receive no compensation for their services on the committee, but they shall be reimbursed for expenses incurred by them in the performance of their duties as members of the committee in the same manner as they are reimbursed for expenses in their capacities as state officials or employees. The funds necessary for the reimbursement of the expenses of state officials, other than legislative members, and state employees shall come from funds appropriated to or otherwise available to their respective departments. All other funds necessary to carry out the provisions of this resolution shall come from funds appropriated to the House of Representatives and the Senate. The expenses and 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. In the event the committee makes a report of its findings and recommendations, with

994______GENERAL ACTS AND RESOLUTIONS, VOL. I_______
suggestions for proposed legislation, if any, such report shall be made on or before December 31, 2003. The committee shall stand abolished on December 31, 2003.
PART II
Creating the Subsequent Injury Trust Fund Joint Study Committee; and for other purposes.
WHEREAS, the Subsequent Injury Trust Fund was created to encourage employment of handicapped persons by providing employers relief from excess liability for compensation when injury to a handicapped employee merges with a preexisting permanent impairment; and
WHEREAS, a major policy determination is necessary to determine the usefulness and viability of the fund.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that there is created the Subsequent Injury Trust Fund Joint Study Committee to be composed of 12 members as follows: three members of the House of Representatives appointed by the Chairperson of the House Industrial Relations Committee; three members of the Senate appointed by the Senate Committee on Assignments; three members appointed by the Speaker of the House of Representatives representing the insurance industry, organized labor, and the business community; and three members appointed by the Senate Committee on Assignments representing the legal profession, self-insured employers, and the general public. The Speaker of the House of Representatives shall designate a member of the House and the Senate Committee on Assignments shall designate a member of the Senate who shall serve as chairperson of the committee. The committee shall meet at the call of the co-chairpersons.
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. Citizen members shall receive a daily expense allowance in the amount specified in subsection (b) of Code Section 45-7-21 of the Official Code of Georgia Annotated as well as the mileage or transportation allowance authorized for state employees. The members of the committee shall receive the allowances authorized for legislative members of interim legislative committees but shall receive the same for not more than five days. 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

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for proposed legislation, if any, such report shall be made on or before December 1, 2003. The committee shall stand abolished on December 1, 2003.
Approved June 4, 2003.